Michigan

State constitutional guarantees regarding right to education

• No guarantee to the right of education exists, instead, the Michigan constitution speaks to access to an educational system. The Constitution reads “The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law.” (Constitution of Michigan, Article VIII, Section 2).

Case law and legislative history defining and interpreting the right to education

State constitutional protections regarding non-discrimination and equity

• “Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin. No public monies or property shall be appropriated or paid or any public credit utilized, by the legislature or any other political subdivision or agency of the state directly or indirectly to aid or maintain any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school.” (Constitution of Michigan, Article VIII, Section 2).

• Section 26 of the Michigan Constitution reads, in part, that “(1) The University of Michigan, Michigan State University, Wayne State University, and any other public college or university, community college, or school district shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. (2) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. (3) For the purposes of this section "state" includes, but is not necessarily limited to, the state itself, any city, county, any public college, university, or community college, school district, or other political subdivision or governmental instrumentality of or within the State of Michigan not included in sub-section 1.

Other relevant state constitutional civil rights protections

“Institutions, programs, and services for the care, treatment, education, or rehabilitation of those inhabitants who are physically, mentally, or otherwise seriously disabled shall always be fostered and supported.” (Constitution of Michigan, Article VIII, Section 8).

State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

• The Elliott-Larsen Civil Rights Act #453, Public Acts of 1976, as amended.

• The Persons with Disabilities Civil Rights Act #220, Public Acts 1976, as amended.

Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

• The Elliot-Larsen Civil Rights Act, as amended in 2023, provides that “The opportunity to obtain employment, housing and other real estate, and the full and equal utilization of public accommodations, public service, and educational facilities without discrimination because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status, or marital status as prohibited by this act, is recognized and declared to be a civil right.” (An Act to amend 1976 PA 453, Section 102).

• Further, the Elliot-Larsen Civil Rights Act provides that “An educational institution shall not do any of the following: (a) Discriminate against an individual in the full utilization of or benefit from the institution, or the services, activities, or programs provided by the institution because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression. (b) Exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution, because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression. (c) For purposes of admission only, make or use a written or oral inquiry or form of application that elicits or attempts to elicit information concerning the religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, or marital status of an individual, except as permitted by rule of the commission or as required by federal law, rule, or regulation, or pursuant to an affirmative action program. (d) Print or publish or cause to be printed or published a catalog, notice, or advertisement indicating a preference, limitation, specification, or discrimination based on the religion, race, color, national origin, sex, sexual orientation, or gender identity or expression, of an applicant for admission to the educational institution. (e) Announce or follow a policy of denial or limitation through a quota or otherwise of educational opportunities of a group or its members because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression.” (An Act to amend 1976 PA 453, Section 402).

State law protections regarding color of law or pattern/practice liability for law enforcement in schools

Anti-discrimination protections under state human rights statutes

• An Act to amend 1976 PA 453 (the Elliot-Larsen Civil Rights Act), Section 402, as detailed above.

Private right of action provisions under state civil rights and human rights statutes

• The Elliot-Larsen Civil Rights Act provides for a private right of action, specifically that “(1) A person alleging a violation of this act may bring a civil action for appropriate injunctive relief or damages, or both. (2) An action commenced pursuant to subsection (1) may be brought in the circuit court for the county where the alleged violation occurred, or for the county where the person against whom the civil complaint is filed resides or has his principal place of business. (3) As used in subsection (1), "damages" means damages for injury or loss caused by each violation of this act, including reasonable attorney's fees.” (Elliot-Larsen Civil Rights Act, Section 37.2801)

Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims? 

Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

• Yes, the Elliot-Larsen Civil Rights Act provides that “Two or more persons shall not conspire to, or a person shall not: (a) Retaliate or discriminate against a person because the person has opposed a violation of this act, or because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this act.” (Elliot-Larsen Civil Rights Act, Section 37.2701).

Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

• Complaints must be filed within 180 days of the alleged discrimination. Complaints more than 180 days that do not also fall under federal jurisdiction may be filed in State Court within three years. Complaints may be filed in State Court without first filing with the Michigan Department of Civil Rights. (Michigan Department of Civil Rights).

Are there areas where the state laws provide more protections than federal law? What are those areas?