Lansing Schools Education Ass'n v. Lansing Board of Education
293 Mich. App. 506
| Mich. Ct. App. | 2011Background
- Plaintiffs—Lansing Schools Education Association, MEA/NEA, and several teachers—sued April 9, 2007 for declaratory judgment, writ of mandamus, and injunctive relief under MCL 380.1311a(1) to compel expulsion of students who allegedly assaulted teachers.
- The school board determined that the students’ conduct did not constitute physical assault under MCL 380.1311a(12)(b).
- The trial court granted summary disposition to defendants, holding the board had discretion to determine whether an assault occurred and denying relief.
- This Court initially affirmed, but the Michigan Supreme Court overruled the standing framework and remanded to consider MCR 2.605 requirements and issues not previously reached.
- On remand, the court concluded there was no actual controversy for declaratory relief and affirmed summary disposition; mandamus and injunctive relief were not warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs meet MCR 2.605 standing on remand | Plaintiffs have a substantial interest in enforcement of the statute | Board discretion governs whether an assault occurred; no private action | No, actual controversy lacking for declaratory relief |
| Whether declaratory relief was appropriate given lack of parties and due process concerns | Declaratory relief should guide future enforcement of §1311a(1) | All interested parties (including students) must be before court; relief would affect students’ rights | Not appropriate; declaratory relief denied |
| Whether mandamus or injunctive relief could be issued to compel expulsion | Plaintiffs have a right to compel expulsion under §1311a(1) | Board determined no physical assaults occurred; mandamus/injunction inappropriate | Denied; no ministerial duty or enforceable legal obligation to expel given board’s findings |
| Whether MCL 380.1311a(1) creates a mandatory expulsion duty or preserves board discretion | Statute mandates expulsion for physical assaults | Discretion to determine whether an assault occurred resides with the board | Board discretion respected; no mandatory expulsion without a finding of physical assault |
Key Cases Cited
- Lansing Sch Ed Ass’n v Lansing Bd of Ed, 487 Mich 349 (2010) (overruled Lee standing; restored prudential standing; remanded for 2.605 analysis and unresolved issues)
- Lee v Macomb Co Bd of Comm’rs, 464 Mich 726 (2001) (overruled regarding standing requirements for declaratory relief)
- Associated Builders & Contractors v Dep’t of Consumer & Indus Servs Dir, 472 Mich 117 (2005) (limited dimensions of actual controversy; precursors to 2.605 analysis)
- Goss v Lopez, 419 US 565 (1975) (due-process rights before suspensions/expulsions; minimal protections required)
- Skiera v Nat’l Indemnity Co, 165 Mich App 184 (1987) (notes purposes served by declaratory relief and actual controversy stream)