PERSONS WITH DISABILITIES CIVIL RIGHTS ACT
Act 220 of 1976
37.1401 “Educational institution” defined.
Sec. 401.
As used in this article, "educational institution" means a public or private institution or a separate school or department of a public or private institution, includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system, school district, or university, and a business, nursing, professional, secretarial, technical, or vocational school, and includes an agent of an educational institution.
History: 1976, Act 220, Eff. Mar. 31, 1977 ;-- Am. 1980, Act 478, Imd. Eff. Jan. 20, 1981
Notes of Decisions
Bettina Winkler v. Marist Fathers of Detroit Inc, 909 N.W.2d 311 (Mich. Ct. App. 2017).
· cites it 18× “Plaintiff responded that the PWDCRA was clearly applicable to religious schools given the definition of an educational institution in MCL 37.1401, demonstrating the Legislature's decision to not exempt such schools.”
One v. MacOmb Intermediate Sch. Dist., No. 360958 (Mich. Ct. App. Mar. 23, 2023).
“” MCL 37.1401. Thus, plaintiffs’ PWDCRA claim is not barred by governmental immunity because the Legislature specifically provided that a school district, such as MISD, could be liable if it denied the full and equal utilization of MISD’s educational facility on account of a…”
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