Legal Updates
SEVENTH CIRCUIT COURT OF APPEALS HOLDS WISCONSIN’S OPEN ENROLLMENT STATUTE DOES NOT DISCRIMINATE BASED ON DISABILITY
February 14, 2019
On January 22, 2019, the court held that Wisconsin’s open enrollment program did not violate federal law. This January school boards throughout Wisconsin set space limitations in general and special education for the annual open enrollment application period. Simultaneously,...
Read MoreTHE FIRST AMENDMENT AND RESTRICTING THE SPEECH/EXPRESSION OF TEACHERS AND COACHES
February 1, 2019
The current debate over pro sports athletes’ symbolic protests sparked debate over a number of basic First Amendment constitutional concepts – and unsettled areas of law. The dispute involved a silent protest made by former San Francisco 49er quarterback Colin Kaepernick in...
Read MoreHOMELAND SECURITY PROPOSED RULE SHOULD NOT AFFECT SCHOOL PROGRAMS
January 15, 2019
Over the past several years, students and parents of non-citizen families have turned to schools and school officials for assistance with understanding the often confusing federal immigration system. The reasons for this are varied, but suffice it to say school personnel are often asked to...
Read MoreFREE SPEECH RIGHTS OF PUBLIC EMPLOYEES
January 2, 2019
A challenge unique to public employers is navigating constitutional constraints. These constitutional constraints apply to local governments carrying out their duties and responsibilities, including employment-related decisions involving the exercise of free speech rights. Understanding under...
Read MoreTHE RULE OF LAW?
December 18, 2018
The United States Supreme Court may soon redefine the balance of power between Congress, the President, and the courts to interpret federal law.
The Supreme Court has agreed to hear Kisor v. Wilkie (Case No. 18-15), a case involving a military veteran’s appeal...
Read More2019-20 OPEN ENROLLMENT SPACE LIMITATIONS MUST BE SET DURING THE JANUARY 2019 SCHOOL BOARD MEETING
December 3, 2018
If the school board intends to limit the number of open enrollment spaces available in the schools, programs, classes or grades in the school district for the 2019-2020 school year, Wis. Stat. § 118.51(5)(a)1., requires that the school board take action during a board meeting in January...
Read MoreA PRIMER ON EMPLOYMENT DISCRIMINATION CLAIMS
November 20, 2018
When an employer is faced with defending against a discrimination complaint, it is important to understand the process and best practices for responding to the complaint. Under the Wisconsin Fair Employment Act (WFEA), employers are prohibited from discriminating against employees and...
Read MorePUBLIC SCHOOL DISTRICTS AND PRIVATE SCHOOL PUPIL TRANSPORTATION
November 6, 2018
Public school districts are responsible for providing transportation to private school pupils under certain circumstances. A recent Seventh Circuit Court of Appeals decision serves as a reminder of public school districts’ responsibility in this area, while the court grappled with a...
Read MoreSCHOOL DISTRICTS FACE QUESTIONS AS TO ADMINISTRATION OF CBD PRODUCTS
October 24, 2018
As the national debate continues over the legal use of medical marijuana and other cannabis products, several states, including Wisconsin, have enacted legislation legalizing Cannabidiol (“CBD”). As a result, Wisconsin school districts are receiving requests from parents and...
Read MoreABSENTEEISM MAY DISQUALIFY FORMER EMPLOYEES FROM RECEIVING UNEMPLOYMENT INSURANCE BENEFITS
October 8, 2018
The Wisconsin Supreme Court recently issued a decision in which it concluded that terminating an employee for violating an employer’s attendance or absenteeism policy constitutes “misconduct” resulting in disqualification from receiving Unemployment Insurance benefits even if...
Read MoreSEVENTH CIRCUIT DISCUSSES “CONSTRUCTIVE NOTICE” UNDER THE FMLA
September 26, 2018
Employers covered by Federal Family and Medical Leave Act (“FMLA”) requirements are required to provide access to protected time off in qualifying circumstances. Employees eligible for leave are required to provide adequate notice to their employers of the need for leave....
Read MoreDEPARTMENT OF JUSTICE ISSUES GUIDANCE ON CHARGING FEES UNDER THE WISCONSIN PUBLIC RECORDS LAW
September 19, 2018
On August 8, 2018, the Wisconsin Department of Justice (DOJ) Office of Open Government (OOG) issued an advisory on permissible fees a governmental “authority,” (which includes public school districts and other municipalities) may charge when responding to a public records...
Read MoreWISCONSIN’S NEW HIRE REPORTING LAW
September 11, 2018
As the 2018-19 school year begins, most school districts have hired at least one new employee or re-hired a former employee. School districts and other employers must adhere to the Wisconsin New Hire Law by reporting these newly hired and re-hired employees to a state...
Read MoreMINNESOTA SUPREME COURT ALLOWS SCHOOL SEGREGATION LAWSUIT TO PROCEED
August 28, 2018
A Minnesota Supreme Court ruling will permit a lawsuit against the State of Minnesota to proceed without further delay. The suit alleges that the State of Minnesota has contributed to segregation in the public schools and has failed to provide students with an adequate education under the...
Read MoreA CASE STUDY ON THE EQUAL PAY ACT: USE OF THE “ANY FACTOR OTHER THAN SEX” AFFIRMATIVE DEFENSE
August 14, 2018
The District Court for the Western District of Wisconsin recently issued a decision in Hickethier v. Sch. Dist. of Cornell, Wis., No. 17-CV-506-jdp, slip op. (W.D. Wis. July 27, 2018), a case involving allegations of sex discrimination on the basis of a disparity in pay in violation of...
Read MoreWISCONSIN ATTORNEY GENERAL ISSUES OPINION ON COMMON QUESTIONS RELATED TO THE NOTICE PROVISIONS OF THE WISCONSIN PUBLIC RECORDS LAW
July 31, 2018
On February 23, 2018, the Wisconsin Attorney General issued a formal opinion related to the notice provisions under the Wisconsin Public Records Law. OAG 2-18 (Feb. 23, 2018). Specifically, the Attorney General addressed questions regarding notice requirements for former employees...
Read MoreEMPLOYEE PERSONNEL FILES AND PUBLIC RECORDS REQUESTS
July 17, 2018
Public employers often receive public records requests for the personnel files of their employees. A recent Wisconsin Court of Appeals decision highlights the application of Wisconsin’s Public Records Law to requests for employee personnel records, specifically records involving the...
Read MoreDETERMINING WHEN STUDENTS WITH DISABILITIES NEED EXTENDED SCHOOL YEAR SERVICES
July 3, 2018
School districts across Wisconsin are currently in the midst of summer school programming. In many school districts, these summer school programs are voluntary enrichment courses offered to expand school-aged children’s interests. Summer school programs can be a great...
Read MoreWHEN DO MEMBERS OF A GOVERNMENTAL BODY CONVENE FOR PURPOSES OF INVOKING THE REQUIREMENTS OF WISCONSIN’S OPEN MEETINGS LAW: THE “WALKING QUORUM”
June 19, 2018
There are specific situations where members of a governmental body may be deemed to convene (without necessarily attending a meeting) and, therefore, may invoke the requirements of Wisconsin’s Open Meetings Law. For example, where enough members of a governmental body to constitute a...
Read MoreREMINDER REGARDING SCHOOL SAFETY LEGISLATION REQUIREMENTS
June 6, 2018
As the school year winds down, school officials are already making preparations for summer projects. One of the areas that will likely consume some of that time is the implementation of Wisconsin’s school safety legislation, which became law in March of this year as 2017 Wisconsin Act 143....
Read MoreTHE END OF THE TEACHER NON-RENEWAL SEASON – LESSONS LEARNED
May 22, 2018
The teacher nonrenewal deadline of May 15 has now come and gone. The teacher nonrenewal process found in Wis. Stat. § 118.22, continues to consume the energies of many school administrators and school boards each Spring – even after the significant changes to teachers’ terms and...
Read MoreWHEN EDUCATORS ARE SUBPOENAED TO TESTIFY IN A WISCONSIN COURT
May 7, 2018
Periodically, educators are asked to testify or issued a subpoena requiring them to testify in a court proceeding involving a student the educator sees in the course of his/her professional duties. Sometimes the court proceeding concerns a divorce or custody dispute; other times, it...
Read MoreTHE DEPARTMENT OF PUBLIC INSTRUCTION ISSUES NEW GUIDANCE ON SPECIAL EDUCATION TRANSPORTATION QUESTIONS
April 24, 2018
In January, the Department of Public Instruction (“DPI”) issued Special Education Informational Bulletin 18.01 on special education transportation questions. The new special education bulletin replaces Special Education Informational Bulletin 03.06. The new bulletin addresses some of...
Read MoreUSCIS TO INCREASE SITE VISITS TO COMPANIES WITH H-1B VISA HOLDERS
April 16, 2018
A recent government report suggests that employers who have H-1B visa employees should prepare for an increase in worksite visits. At the start of Federal Fiscal Year 2018, the Office of Inspector General (OIG), Department of Homeland Security (DHS), released its final report titled,...
Read MoreGOVERNOR WALKER SIGNS SPECIAL SESSION LEGISLATION ON SCHOOL SAFETY
March 27, 2018
Legislative activity has been occurring at a brisk pace last week and into this week in the Special Session of the Wisconsin Legislature concerning school safety. Regrettably, last week’s Senate vote and the Assembly Committee’s hearings took place against the backdrop of still...
Read MoreWELLNESS AND TAXES
March 13, 2018
Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.
— Benjamin Franklin, in a letter to Jean-Baptiste Leroy, 1789
DEPARTMENT OF LABOR ISSUES OPINION LETTER REGARDING COMMUNITY MEMBERS WHO SERVE AS COACHES AND THE FLSA TEACHER EXEMPTION
March 1, 2018
On January 5, 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued an opinion letter interpreting the Fair Labor Standards Act (FLSA). In particular, the opinion letter addressed the application of the FLSA to community members who serve as coaches of...
Read MorePLANNING FOR SCHOOL DEMONSTRATIONS/WALKOUTS
February 27, 2018
Introduction
In the aftermath of the shooting at Marjory Stoneman Douglas High School in Parkland, Florida, several student demonstrations have been planned nationwide. Students and, in some instances, staff members, may be participating in coordinated...
Read MoreKEY ISSUES REGARDING THE EARLY COLLEGE CREDIT PROGRAM
February 13, 2018
As the end of the 2017-2018 school year approaches, many school district officials have turned their attention toward a new program that will be in effect beginning with the 2018-2019 school year: the Early College Credit Program (ECCP). Under the ECCP, pupils in all high school grades...
Read MoreSUBSTANTIAL FAULT IN UNEMPLOYMENT COMPENSATION
January 30, 2018
Wisconsin’s unemployment law, found in Chapter 108 of the Wisconsin statutes, provides for temporary compensation between periods of employment, provided certain eligibility criteria are met. The cost of these benefits are paid, in the case of a public employer, directly by the employer,...
Read MoreCHECKLIST OF CURRENT ISSUES IN CELL TOWER LEASES
January 16, 2018
Cell tower leases present unique issues for school districts, technical colleges, cities, and other public entities.
For example, instead of dealing with the tenant directly, the tenant typically retains a company to serve as its representative. This representative is usually not...
Read MoreSPACE DETERMINATIONS FOR OPEN ENROLLMENT DECISIONS MUST BE MADE DURING THE JANUARY SCHOOL BOARD MEETING
January 5, 2018
In accordance with the Full-time Open Enrollment statute, Wis. Stat. § 118.51, if a school board intends to deny applications to open enroll into the school district based on space, the school board must determine the number of regular education and special education spaces available in the...
Read MorePERSONAL NOTES MAY BE “RECORDS” UNDER THE PUBLIC RECORDS LAW
January 2, 2018
A recent decision issued by the Wisconsin Court of Appeals in October 2017, warns that some “personal notes” prepared by school district employees and officials are included in the definition of “records” under the Wisconsin Public Records Law, Wis. Stats. §§...
Read MoreDEPARTMENT OF EDUCATION ISSUES NEW GUIDANCE INTERPRETING THE SUPREME COURT’S ENDREW F. HOLDING
December 19, 2017
On March 22, 2017, the U.S. Supreme Court issued a decision in Endrew F. v. Douglas County Sch. Dist, 137 S. Ct. 988 (2017), holding that an individualized education program (IEP) must be “reasonably calculated to enable a child to make progress appropriate in light of the...
Read MoreDÉJÀ VU: ANOTHER ATTEMPT TO LIMIT THE POWER OF THE SUPERINTENDENT AND DEPARTMENT OF PUBLIC INSTRUCTION
December 5, 2017
On November 20, 2017, the Wisconsin Institute for Law and Liberty (WILL) filed an original action in the Wisconsin Supreme Court against Tony Evers (Superintendent) and the Wisconsin Department of Public Instruction (DPI) seeking a declaratory judgment (declaring that DPI must comply with all...
Read MoreBUDGET BILL REVISES TRUANCY NOTICE REQUIREMENTS
November 21, 2017
The 2017-2019 Biennial Budget (Budget) includes a new provision that authorizes school districts to use electronic communications to notify parents or guardians of children’s truancy in certain circumstances.
Wisconsin law previously provided that notice to a parent or guardian of...
Read MoreStrang, Patteson, Renning, Lewis & Lacy, s.c. Announces Promotion of Attorney Jenna E. Rousseau to Shareholder
November 13, 2017
Strang, Patteson, Renning, Lewis & Lacy, s.c. is pleased to announce that Attorney Jenna E. Rousseau has been promoted to a Shareholder of the firm. Jenna practices primarily in the areas of School and Higher Education Law, Municipal Law, Labor and Employment Law, and Civil...
Read MoreACCOUNT-BASED BENEFITS FUNDING, FIDUCIARY AND TRUST OBLIGATIONS
November 8, 2017
Account-based benefit platforms are being used with more frequency by public and private employers but employers need to consider a series of regulatory requirements if they decide to move in this direction.
Account-based plans provide compensation in the form of employer contributions...
Read More2017-2019 BUDGET SERIES: LOOSENING OF SPECIAL NEEDS SCHOLARSHIP PROGRAM ELIGIBILITY CRITERIA
October 30, 2017
The 2017-2019 Biennial Budget (Budget) modified the Special Needs Scholarship Program (SNSP) by substantially loosening the program’s eligibility criteria, which will likely result in an increase in the number of students who participate in the program in future...
Read More2017-2019 BUDGET SERIES: CHANGES TO THE CIVICS GRADUATION REQUIREMENT TEST
October 25, 2017
The 2017-2019 Biennial Budget (Budget) modified the law regarding the Civics Graduation Requirement test by increasing the minimum passing score from 60 to 65 out of a 100.
Approximately two years ago, the 2015-17 Biennial Budget created Wis. Stat. § 118.33(1m)(a)1., which, as...
Read More2017-2019 BUDGET SERIES: CHANGES TO THE LAWS GOVERNING CHILD CARE PROGRAMS OFFERED BY SCHOOL DISTRICTS
October 20, 2017
The 2017-2019 Biennial Budget (Budget) modified the laws governing child care programs offered by public school districts and the caregivers employed in such programs in order to comply with the Child Care Development Block Grant of 2014 and related regulations.
In accordance with Wis....
Read More2017-2019 BUDGET SERIES: STATE BUDGET PROVIDES ADDITIONAL SUPPORT FOR STUDENT MENTAL HEALTH PROGRAMS
October 17, 2017
The Wisconsin 2017-2019 Biennial Budget provides for new state aids and grants to support mental health programs that school districts provide for their students. 2017 Wisconsin Act 59, Sections 1470 and 1470g (“Budget” or “the Act”).
State Aid for Mental...
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The 2017-2019 Biennial Budget (Budget) limited school districts’ authority to hold referendum elections. School district referendum elections became a subject of interest prior to Governor Scott Walker submitting his budget proposal, as legislators introduced six (6) separate bills...
The 2017–2019 Biennial Budget (Budget), signed into law by Governor Scott Walker on September 21, 2017, made significant changes to the licensing structure for teachers, administrators, and pupil services professionals. It also established a number of alternative teacher preparation...
Like the state legislature’s two previous Biennial Budgets, the 2017-2019 Biennial Budget made significant changes to the course options statute, Wis. Stat. § 118.52. Effective July 1, 2018, Wis. Stat. § 118.52 will be renamed “part-time open enrollment” and the...
The 2017-2019 Biennial Budget created the Early College Credit Program, relating to high school pupil enrollment in higher education courses. Currently, Wisconsin’s Youth Options (Wis. Stat. § 118.55) and Course Options (Wis. Stat. § 118.52) programs enable public school...
The 2017-2019 Biennial Budget does not technically eliminate the authority of Wisconsin school districts to utilize a revenue exemption to fund energy efficiency projects, but it does place a 1,000-year moratorium on the authority. No, that is not a typo. The Governor used...
On Thursday, September 21, 2017, Governor Scott Walker signed the 2017-2019 Biennial Budget. The Biennial Budget, as in the past, contains numerous provisions that impact Wisconsin’s public school districts. Over the next several weeks, the Firm will be providing specific insight...
There are a number of unique issues for school districts who enter into a lease for the purposes of operating their schools or related activities. For example, if a school district is a common or union high school district, the electors need to provide authorization for certain types of...
Wisconsin school districts should be prepared to account for Wisconsin’s “Safe at Home” program as the new school year begins, now that the Wisconsin Department of Justice (“DOJ”) has completed and implemented legislatively-mandated features of the...
The Fair Labor Standards Act (FLSA) overtime regulations provide for “white collar” exemptions from overtime for certain executive, administrative, professional, outside sales, and computer employees. (29 CFR Part 541). “Exempt” employees, because of the type...
On July 17, 2017, Governor Walker signed into law 2017 Wisconsin Act 29, which now authorizes school district employees, school bus drivers and volunteers in schools to administer a potentially life-saving opioid antidote to a student or other individual in an emergency and protects them from...
The United States Supreme Court recently sent two groups of cases involving private religious schools back to lower courts for reconsideration based on the Court’s decision in Trinity Lutheran Church of Columbia v. Comer. The Court’s rulings indicate that the Court may...
On June 29, 2017, the Wisconsin Supreme Court issued its decision in Krueger v. Appleton Area School District Board of Education, Case No. 2015AP231, which held that a curriculum review committee comprised exclusively of school district personnel is a “governmental body”...
The 7th Circuit Court of Appeals recently issued a decision involving the interactive process for identifying reasonable accommodations under the Americans with Disabilities Act (ADA). In a previous Legal Update, we described the interactive process...
The United States Court of Appeals for the Seventh Circuit has upheld an injunction that was issued against a Wisconsin school district, effectively concluding that a transgender student is entitled under Title IX to use the school restroom of the gender with which the student...
Shortly after President Trump’s inauguration this past January, the new President issued multiple Executive Orders dealing with federal immigration law. These orders put a great deal of focus on the state of immigration from a legal perspective and, specifically, spurred speculation...
An easement can last many years, perhaps forever. Sometimes people are caught unaware by the typically permanent nature of an easement because there does not seem to be any issues with the current usage of the property or the purpose of the easement. However, the easement may be...
It is tax time (or it was last week). Maybe this explains the plethora of recent inquiries by employers as to whether they may set up a system to furnish Form W-2 electronically (similar to previous efforts to implement direct deposit). In short, employers may set up a system to...
Employers who provide any type of retirement benefit may consider offering an early retirement incentive plan (ERIP) to allow for an accelerated use of the benefit. ERIP programs are legal but can, inadvertently, create the conditions for an Age Discrimination in Employment Act of 1967...
On March 22, 2017, the U.S. Supreme Court issued a decision in Endrew F. v. Douglas County School District, No. 15-827 (U.S. Mar. 22, 2017), holding that an Individualized Education Program (IEP) must be “reasonably calculated to enable a child to make progress appropriate in...
The Governor’s budget includes significant changes in the Wisconsin law that governs employment contracts for public school administrators, but the impact of the proposed changes is not entirely clear. As a result, school officials and their advisors will be watching closely to see...
U.S. Supreme Court Declines to Decide Gloucester Case The U.S. Supreme Court announced on March 6, 2017, that it will not hear Gloucester County School Board v. G.G., a case that could have determined whether transgender students have the right to use...
Special education students can file discrimination claims without first going through administrative due process procedures under a decision just issued by the U.S. Supreme Court. In the first of two significant special education cases the U.S. Supreme Court has agreed to review in 2017,...
The Federal Government’s Letter Rescinding Its Previous Guidance Under Title IX On February 22, 2017, the United States Department of Education (“DOE”) and Department of Justice (“DOJ”) jointly released a “Dear Colleague” letter...
The 7th Circuit Court of Appeals recently issued a decision in David v. Bd. of Trustees of Cmty. Coll. Dist. No. 508, 846 F.3d 216 (7th Cir. 2017), a case involving allegations of discrimination on the basis of race, sex, and age. The plaintiff asserted claims under...
School leaders are generally familiar with the public records request process, but determining what should be withheld and what should be disclosed is often a difficult task. A recent decision of the Wisconsin Supreme Court provides a case study in the difficulty of drawing the line...
There is arguably a teacher shortage in Wisconsin, reflecting a national trend. As a result, school districts are hard-pressed to fill certain teaching vacancies, especially mid-year. Filling mid-year vacancies is particularly difficult because of shallow or non-existent candidate...
The sale and purchase of real property can be structured with seller financing instead of cash being provided at closing. A transaction with seller financing transfers title to the real estate (either via a deed or land contract) and, at closing, the buyer provides some or all of the...
On February 15, 2017, the Wisconsin Supreme Court will hear oral argument in Krueger v. Appleton Area School District; a case in which the Court is expected to provide guidance concerning the definition of the term “governmental body” for purposes of the Open Meetings...
It has been a month since the presidential election and news coverage since then has focused on President-Elect Trump’s transition and cabinet appointments. Most experts expect that the new President will make it an early priority to appoint a Supreme Court Justice to replace...
There are perhaps no situations more vexing to those charged with administering human resources functions for any employer than evaluating employee accommodation rights under the Americans with Disabilities Act of 1990, as amended (“ADA”). The ADA, since its passage in 1990,...
Employers throughout the country have been preparing to implement the U.S. Department of Labor’s regulations increasing the minimum required salary level for many employees to qualify as exempt from overtime. The revisions to the regulations raised the minimum required salary for many...
School districts and higher education institutions should understand the full range of exemptions under the Fair Labor Standards Act (“FLSA” or “Act”) that can be relevant to educational institutions in order to comply with the Department of Labor’s...
Under the Affordable Care Act (ACA), applicable large employers must make a qualifying offer of group health plan coverage to all full-time employees or risk receiving a financial penalty imposed by the Internal Revenue Service (IRS). Generally, an applicable large employer has 50 or more...
On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a Resource Document in response to what it considered a “troubling trend” of “employer policies that deny or unlawfully restrict the use of leave as a reasonable accommodation.” The focus...
As the new school year ramps up, school district officials are reminded of the numerous notice and posting requirements they must fulfill throughout the year. Both state and federal law place requirements on school districts to provide notice to employees, students, and the public about a...
Over the past two years we have witnessed significant developments in the law pertaining to the treatment and rights of transgender students. These developments have come in the form of numerous court decisions, guidance documents issued by the U.S. Departments of Education (DOE) and Justice...
A federal court of appeals has unanimously decided to restore a Pennsylvania school parent’s lawsuit challenging the constitutionality of a monument to the Ten Commandments that is located on the school district’s high school campus. The Schaub...
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Under Wisconsin Law, current and former employees have the right to review and photocopy many of the personnel records that are maintained by their employer. This Legal Update will review the rules associated with such access. Employers are not required to maintain extensive...
The United States Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter and Resource Guide on July 26, 2016, providing direction to school districts for purposes of compliance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with...
Wisconsin’s Open Meetings Law (Wis. Stat. § 19.81 et seq.) provides that “in recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the...
When a common or union high school district is entering into a lease for real property, several different issues need to be taken into consideration, some of which may depend upon whether the school district is the landlord or tenant, and whether the other party is also a governmental...
Recent Decision The Wisconsin Supreme Court recently issued a decision in Moustakis v. State of Wisconsin Dep’t of Justice[1] interpreting the meaning of the term “employee” under the notice and...
Recent decision On May 18, 2016, the Wisconsin Supreme Court ruled that Wisconsin Act 21 (“Act 21”), which provides broad authority to the Governor and the Secretary of Administration to block the passage of proposed agency rules, is unconstitutional as...
The Department of Labor announced the publication of new overtime regulations on May 18, 2016. The new regulations change the overtime compensation threshold for salaried (“white collar”) employees effective December 1, 2016. Under the Fair Labor Standards Act (FLSA),...
The Department of Education (“DOE”) and the Department of Justice (“DOJ”) jointly released a “Dear Colleague” letter on Friday that discusses the protections afforded transgender students under Title IX of the Education Amendments Act of 1972, commonly...
2015 Wisconsin Act 359 went into effect on April 16, 2016. The Act is intended to address teacher shortage concerns by expanding the teacher loan program to provide for loan forgiveness to certain teachers employed in school districts in rural counties by encouraging new teachers to take...
School districts are facing budgetary constraints and school district funds are being consumed by costs related to personnel, including health insurance premiums and related benefit costs. As a result, many school districts are exploring different ways to save money on employee benefits,...
It appears that Governor Scott Walker remembered the old English proverb regarding March coming in like a lion and out like a lamb. As the Legislature concluded its scheduled 2015-2016 legislative session with a flurry of activity, Governor Walker signed 130 pieces of legislation in March, 104...
As Wisconsin’s public school districts take steps to fill vacancies in school district administrator positions for the upcoming school year, the district’s records custodian may be asked to disclose the names of the applicants for these positions. The district’s records...
A scenario school districts may sometimes encounter is, as follows: A student intends to go hunting immediately after school. In order to avoid the “inconvenience” of having to return home after school, the student takes his/her gun to school, placing the cased and...
The U. S. District Court for the Western District of Wisconsin has dismissed a lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”), claiming that an employer’s wellness plan violated the Americans With Disabilities Act (“ADA”). EEOC...
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State law governs student immunization requirements, as well as school districts’ rights and obligations related to student immunization. Specifically, within 30 days of admittance to any school, child care center, or nursery school, students must provide documentation of the first...
Wisconsin law governs the retention and preservation of public records, as well as public access to certain records. For retention purposes, state law defines public records as generally including “all books, papers, maps, photographs, films, recordings, optical disks,...
Now that it’s the middle of January, it’s time to start making some decisions – for next school year! Public schools have, over the last few years, seen an unparalleled amount of attention from lawmakers. One of the consistent themes, it seems, is placing additional...
Besides being a time for New Year’s resolutions, January 1st of each year is also the date that property is assessed in Wisconsin for various purposes, including tax exemptions. The status and value of all real property is fixed on that date. This January...
The purpose of taking minutes at a school board meeting is to preserve an official record of the actions taken by the board. A school board and its members have a legal obligation to record the actions of the school board. In addition, accurate minutes of a school board meeting serve several...
Recently the Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) issued two “Dear Colleague” letters regarding the contents of special education students’ individualized education programs (IEP). A Dear Colleague letter, issued...
On October 7, 2015, President Obama signed the Protecting Affordable Coverage for Employees Act (PACE Act). The PACE Act changes the definition of a small employer under the Affordable Care Act (also known as the ACA or Obamacare). The PACE Act allows Wisconsin to...
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While there is no accurate information on the number of transgender students, direct observation and anecdotal evidence suggest that students who do not fit stereo-typical notions of “female” and “male” are becoming much more visible and a growing number of students are...
Update on the Rulemaking Process The U. S. Department of Labor (“Department”) will not extend the original 60 day period that was provided for interested parties to offer comments on the Department’s proposed salary rules for exempt employees under the...
In our 2015-2017 Budget Analysis series, we reported that 2015 Wisconsin Act 55 (the Biennial Budget Bill) made certain changes to the requirement for common and union high school districts to obtain electoral approval at an annual meeting prior to selling property not needed by a school...
As our clients and friends know, Strang, Patteson, Renning, Lewis & Lacy, s.c. has been actively evaluating and discussing the 2015 -2017 Wisconsin State Budget (2015 Wisconsin Act 55) and the many changes that the budget made in laws affecting Wisconsin Public School Districts. As the...
The annual recertification election process for unions representing public school district employees, which are scheduled to occur in November 2015, has changed slightly as a result of an order issued by a Milwaukee County Circuit Court on July 31, 2015. On July 29, 2015, the Wisconsin...
Over the past three weeks, Strang, Patteson, Renning, Lewis & Lacy has provided daily updates on the 2015-2017 state budget. We selected the areas of the budget that we reviewed based on several factors, including the number of client inquiries that we received about specific topics,...
2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget) expanded Wisconsin’s private school choice programs in several respects, removing previous limits on pupil participation while funding the program’s expansion from appropriations for general school aids. The...
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2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget) made significant changes to the Open Enrollment laws related to special education. Importantly, the 2015-2017 Biennial Budget repealed Wis. Stat. § 118.51(12)(am) and Wis. Stat. § 118.51(12)(b), effective with the open...
2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget) signed into law by Governor Scott Walker on July 12, 2015, includes various changes to the laws governing real estate transactions involving school districts and other municipalities. Authorization at Annual Meeting No Longer...
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2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget) imposed new requirements on school boards to provide public notice of the academic standards adopted by the board in specific subject areas for each school year. Since 1998, school boards have been required, by statute, to adopt...
2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget) made significant changes to Wis. Stat. § 115.385, which substantially changed the rules governing school and school district accountability reports. First, Wis. Stat. § 115.385(1)(a)(intro.) was amended to state that the...
2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget), amends Wis. Stat. § 120.13(2)(b) to permit Wisconsin school districts to jointly sponsor a self-insured health plan with one or more cities, villages, towns or counties. Previously, school districts could jointly sponsor a...
2015 Wisconsin Act 55 (the 2015-20177 Biennial Budget), which was signed into law by Governor Walker on July 12, 2015, authorizes the Department of Public Instruction (DPI) to issue Technical Education teaching licenses through an alternative method and to issue Wisconsin teaching licenses to...
2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget) includes a new grant program administered by the Wisconsin Economic Development Corporation (WEDC) to help school districts defray the costs of Fabrication Laboratories or “Fab Labs,” which are defined by statute as...
2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget) created Wis. Stat § 118.50, which provides that all or a substantial portion of students enrolled in one or more grades, including 4K and 5K, may attend school in or more other school districts for all or a substantial portion of the...
As a result of 2015 Wisconsin Act 55, (the 2015-2017 Biennial Budget), union initial certification elections are subject to the same standard as union annual recertification elections. Therefore, effective immediately, every election conducted by the Wisconsin Employment Relations...
2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget) made an important change to the Course Options statute, Wis. Stat. § 118.52. Specifically, the statute has been modified to permit institutions of higher education to charge a student (or his or her parents if the student is a...
2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget), created Wis. Stat. § 118.133, which provides that public school districts shall permit resident students in a home-based private education program (i.e., home-schooled students) an...
2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget), signed into law by Governor Scott Walker on July 12, 2015, provides that a school board, independent charter school or private voucher charter school may not grant a high school diploma and the State Superintendent cannot grant an...
On Sunday, July 12, 2015, Governor Scott Walker signed 2015 Wisconsin Act 55 (the 2015-2017 Biennial Budget). The 2015-2017 Biennial Budget is a complex document that affects our firm’s clients in any number of ways. Over the next several days, we will be providing...
When Former Secretary of State Hillary Clinton’s use of her personal email account for official business became a subject of public scrutiny, her experience renewed questions about the use of email for official business among many of our public sector clients. While our clients may not be...
On June 4, 2015, the Wisconsin Court of Appeals issued its opinion in Voice of Wisconsin Rapids, LLC v. Wisconsin Rapids Public School Dist., 2015 WL 3495545, slip op. (Ct. App. June 4, 2015), which held that notes taken during a school district...
The Department of Public Instruction will hold a hearing this week on its proposed administrative rules related to academic and career planning and education for employment plans and programs. The hearings are scheduled from 3:00 to 5:00 p.m., on Wednesday, May 20, 2015 at DPI’s...
On Thursday, April 16, 2015, the U.S. Equal Employment Opportunities Commission (EEOC) issued the long-awaited proposed regulations to address employer wellness programs and protections for medical information. Specifically, the proposed regulations seek to amend the Americans with Disabilities...
The National Labor Relations Board has implemented new union election rules that mandate union elections almost immediately after union election petitions have been filed, forcing employers to brace for surprise elections after partisan and, in some instances, clandestine organizing campaigns...
The National Labor Relations Act (NLRA) applies to most private sector employers. Under Section 7 of the NLRA, covered employees have the right to self-organize, to form, join or assist a labor organization, to bargain collectively through a representative of their choosing, and to engage in...
We are proud to announce that Strang, Patteson, Renning, Lewis & Lacy, a law firm with offices in Green Bay and Madison and Service Centers in Oshkosh and Milwaukee, is open for business today. Our firm provides legal services to businesses and governmental bodies, with a strong emphasis on...
Beginning May 26, 2015 certain spouses of highly skilled foreign workers will be eligible to obtain employment authorization. H-1B specialty workers fill a void in the U.S. employment sector. In recent years, the program demand has far outpaced availability. In short, the H-1B...
2011 Wisconsin Act 10, which has become well known as simply “Act 10”, made significant changes to public sector collective bargaining laws in Wisconsin. Additional changes were made by 2011 Wisconsin Act 32, the biennial budget bill, referred to in Wisconsin’s public sector...
2017-2019 BUDGET SERIES: NEW RESTRICTIONS ON SCHEDULING SCHOOL DISTRICT REFERENDUM ELECTIONS
October 16, 2017
2017-2019 BUDGET SERIES: LIFETIME LICENSURE FOR TEACHERS, ADMINISTRATORS AND PUPIL SERVICES PROFESSIONALS AS WELL AS ALTERNATIVE TEACHER PREPARATION PROGRAMS
October 13, 2017
2017-2019 BUDGET SERIES: RETURN OF PART-TIME OPEN ENROLLMENT
October 5, 2017
2017-2019 BUDGET SERIES: CREATION OF EARLY COLLEGE CREDIT PROGRAM
September 28, 2017
2017-2019 BUDGET SERIES: ELIMINATION OF REVENUE LIMIT EXEMPTION FOR PERFORMANCE CONTRACTING
September 26, 2017
STRANG, PATTESON, RENNING, LEWIS & LACY, s.c., PRESENTS SERIES ON STATE BUDGET
September 22, 2017
CHECKLIST OF KEY ISSUES FOR SCHOOL DISTRICTS LEASING REAL PROPERTY
September 13, 2017
SAFE AT HOME PROGRAM: WISCONSIN’S HOME ADDRESS CONFIDENTIALITY PROGRAM
August 29, 2017
FAIR LABOR STANDARDS ACT OVERTIME EXEMPTIONS: ARE NEW REGULATIONS ON THE WAY?
August 15, 2017
NEW LAW GOVERNING THE ADMINISTRATION OF MEDICATIONS TO STUDENTS
August 1, 2017
U.S. SUPREME COURT SUPPORTS RELIGIOUS SCHOOLS’ EFFORTS TO SECURE PUBLIC FUNDING
July 18, 2017
WISCONSIN SUPREME COURT ISSUES IMPORTANT DECISION REGARDING THE SCOPE OF THE OPEN MEETINGS LAW
June 30, 2017
THE INTERACTIVE PROCESS UNDER THE ADA IS A TWO-WAY STREET
June 21, 2017
SEVENTH CIRCUIT COURT OF APPEALS ISSUES DECISION CONFIRMING TRANSGENDER STUDENT’S RIGHTS UNDER TITLE IX
June 5, 2017
ENROLLMENT OF FOREIGN BORN STUDENTS
May 24, 2017
EASEMENTS – THE GIFTS THAT KEEP ON GIVING
May 12, 2017
FURNISHING FORMS W-2 AND 1095 TO EMPLOYEES ELECTRONICALLY
April 26, 2017
EARLY RETIREMENT INCENTIVE PLANS, OTHER POST EMPLOYMENT BENEFITS AND THE AGE DISCRIMINATION IN EMPLOYMENT ACT
April 12, 2017
U.S. SUPREME COURT ESTABLISHES A NEW STANDARD FOR FREE APPROPRIATE PUBLIC EDUCATION UNDER THE IDEA IN RECENT DECISION
March 24, 2017
GOVERNOR’S BUDGET PROPOSES CHANGES TO ADMINISTRATOR EMPLOYMENT CONTRACT LAW
March 16, 2017
U.S. SUPREME COURT WILL NOT HEAR GLOUCESTER SCHOOL DISTRICT TRANSGENDER RIGHTS CASE
March 7, 2017
U.S. SUPREME COURT DETERMINES THAT SPECIAL EDUCATION STUDENTS CAN FILE DISCRIMINATION CLAIMS WITHOUT FIRST EXHAUSTING ADMINISTRATIVE REMEDIES
February 28, 2017
UNITED STATES DEPARTMENT OF EDUCATION AND DEPARTMENT OF JUSTICE RESCIND PREVIOUS GUIDANCE CONCERNING TRANSGENDER STUDENTS
February 24, 2017
A CASE STUDY ON EMPLOYMENT DISCRIMINATION LAW
February 14, 2017
WISCONSIN SUPREME COURT ANALYZES PUBLIC POLICY EXCEPTION TO DISCLOSURE REQUIREMENTS UNDER PUBLIC RECORDS LAW
January 31, 2017
WHAT ISSUES MAY BE IN PLAY FOR A SCHOOL DISTRICT FORCED TO HIRE MID-YEAR?
January 17, 2017
SCHOOL DISTRICTS PROVIDING SELLER FINANCING – SELLER BEWARE
January 4, 2017
THE WISCONSIN SUPREME COURT WILL DEFINE THE TERM “GOVERNMENTAL BODY” FOR PURPOSES OF THE OPEN MEETINGS LAW
December 19, 2016
SUPREME COURT GRANTS CERTIORARI ON SIGNIFICANT SPECIAL EDUCATION CASE
December 12, 2016
COURT WEIGHS IN ON ADA ACCOMMODATION PROCESS
November 28, 2016
FEDERAL COURT HALTS FLSA SALARY INCREASES
November 23, 2016
SPECIAL RULES MAY APPLY TO CERTAIN SCHOOL DISTRICT AND HIGHER EDUCATION EMPLOYEES UNDER THE FAIR LABOR STANDARDS ACT
November 8, 2016
MAKING GROUP HEALTH INSURANCE MORE AFFORDABLE - EMPLOYER OPTIONS
October 27, 2016
UNPAID LEAVE AS A REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT
October 10, 2016
TAKE NOTICE OF NOTICE REQUIREMENTS
September 27, 2016
TRANSGENDER LITIGATION CONTINUES AS A NEW SCHOOL YEAR BEGINS
September 15, 2016
FEDERAL COURT RESTORES LAWSUIT CHALLENGING DISPLAY OF TEN COMMANDMENTS AT HIGH SCHOOL
August 30, 2016
EMPLOYEE ACCESS TO PERSONNEL RECORDS
August 15, 2016
DEPARTMENT OF EDUCATION’S OFFICE OF CIVIL RIGHTS ISSUES “SIGNIFICANT GUIDANCE” ON STUDENTS WITH ATTENTION DEFICIT HYPERACTIVITY DISORDER
August 2, 2016
A FEW NUGGETS CONCERNING COMPLIANCE WITH WISCONSIN’S OPEN MEETINGS LAW
July 20, 2016
SCHOOL DISTRICT LEASES OF REAL PROPERTY
July 8, 2016
WISCONSIN SUPREME COURT INTERPRETS THE NOTICE AND PRE-RELEASE PROVISIONS UNDER THE WISCONSIN PUBLIC RECORDS LAW
June 22, 2016
STATE SUPREME COURT STRIKES DOWN GOVERNOR’S OVERSIGHT OF PUBLIC INSTRUCTION RULEMAKING, CONTEMPLATES FUTURE CONFLICTS
June 8, 2016
MORE SALARIED EMPLOYEES WILL BE ENTITLED TO OVERTIME COMPENSATION
May 24, 2016
FEDERAL DEPARTMENTS OF EDUCATION AND JUSTICE RELEASE GUIDANCE LETTER ON TRANSGENDER STUDENTS
May 18, 2016
EXPANDED TEACHER LOAN PROGRAM DESIGNED TO BENEFIT RURAL SCHOOL DISTRICTS
April 28, 2016
COOPERATION OF SCHOOL DISTRICTS FOR PURPOSES OF HEALTH AND OTHER INSURANCE PLANS
April 12, 2016
END OF LEGISLATIVE SESSION FLURRY AFFECTS WISCONSIN SCHOOL DISTRICTS
March 31, 2016
THE DISCLOSURE OF THE IDENTITIES OF FINAL CANDIDATES UNDER THE WISCONSIN PUBLIC RECORDS LAW
March 14, 2016
THE DISCRETION TO EXPEL/NOT EXPEL A STUDENT POSSESSING A “FIREARM” AT SCHOOL
March 7, 2016
FEDERAL COURT RULES THAT COMPANY’S EMPLOYEE WELLNESS PLAN DOES NOT VIOLATE THE AMERICANS WITH DISABILITIES ACT
February 15, 2016
STATE IMMUNIZATION LAWS APPLICABLE TO SCHOOL DISTRICTS HAVE NOT CHANGED, ONLY DHS’ POLICY HAS
February 2, 2016
“TRANSITORY RECORDS” AND THE EVER-EVOLVING PUBLIC RECORDS AND RECORDS RETENTION LANDSCAPE
January 25, 2016
SCHOOL BOARDS ARE REMINDED OF JANUARY DEADLINES
January 11, 2016
RINGING IN THE NEW YEAR WITH WISCONSIN REAL PROPERTY TAX EXEMPTIONS
December 22, 2015
THE IMPORTANCE OF SCHOOL BOARD MEETING MINUTES
December 7, 2015
Recent “Dear Colleague” Letters Issued By the Office of Special Education and Rehabilitative Services of the Department of Education
November 24, 2015
PACE ACT ALLOWS WISCONSIN SMALL GROUP HEALTH INSURANCE DEFINITIONS TO REMAIN IN PLACE
November 12, 2015
THE UNCERTAINTY SURROUNDING TRANSGENDER STUDENT USE OF RESTROOMS/LOCKER ROOMS
October 26, 2015
Employers Are One Step Closer To Final Rules For Exempt Employees Under The Fair Labor Standards Act
October 5, 2015
Leasing of School District Property after Act 55
September 16, 2015
Prior to the Budget Bill: Referendum Timing and Truancy Changes
September 1, 2015
MINOR CHANGES TO THE ANNUAL UNION RECERTIFICATION ELECTION PROCESS
August 18, 2015
2015-2017 BUDGET ANALYSIS: A FINAL WORD ON THE STATE BUDGET
August 10, 2015
2015-2017 BUDGET ANALYSIS: PRIVATE SCHOOL CHOICE
August 7, 2015
2015-2017 BUDGET ANALYSIS: CHANGES TO SPECIAL EDUCATION OPEN ENROLLMENT
August 6, 2015
2015-2017 BUDGET ANALYSIS: REAL ESTATE MATTERS
August 4, 2015
2015-2017 BUDGET ANALYSIS: PUBLIC NOTICE OF ACADEMIC STANDARDS
August 3, 2015
2015-2017 BUDGET ANALYSIS: CHANGES TO SCHOOL ACCOUNTABILITY REPORTING
July 31, 2015
2015-2017 BUDGET ANALYSIS: NEW OPTIONS FOR SCHOOL DISTRICTS TO JOINTLY SPONSOR SELF-INSURED HEALTH PLANS WITH OTHER POLITICAL SUBDIVISIONS
July 30, 2015
2015-2017 BUDGET ANALYSIS: NEW TEACHING LICENSE OPTIONS
July 28, 2015
2015-2017 STATE BIENNIAL BUDGET CREATES GRANT PROGRAM FOR EDUCATIONAL “FAB LABS”
July 27, 2015
2015-2017 BUDGET ANALYSIS: WHOLE GRADE SHARING PROVISIONS
July 24, 2015
2015-2017 BUDGET ANALYSIS: REVISIONS TO THE LAWS GOVERNING UNION CERTIFICATION ELECTIONS
July 23, 2015
2015-2017 BUDGET ANALYSIS: COURSE OPTIONS
July 22, 2015
2015-2017 BUDGET ANALYSIS: HOME-SCHOOLED STUDENTS PERMITTED TO PARTICIPATE IN ATHLETICS AND EXTRA-CURRICULAR PROGRAMS
July 21, 2015
2015-2017 BUDGET ANALYSIS: GRADUATING STUDENTS MUST PASS A CIVICS TEST
July 20, 2015
STRANG, PATTESON, RENNING, LEWIS & LACY, s.c., PRESENTS SERIES ON STATE BUDGET
July 19, 2015
Public Officials Must Be Cautious With Personal Technology
July 7, 2015
“Notes” Taken During School District Investigation Properly Withheld From Disclosure
June 10, 2015
ACADEMIC AND CAREER PLANNING HEARINGS SCHEDULED
May 18, 2015
EEOC Releases Proposed Regulations on Employer Wellness Programs for Public Comment
April 27, 2015
NLRB Implements Rule Mandating Fast Track Union Elections
April 21, 2015
Employers’ Policies Under Attack: Guidance on Lawful Policy Language
April 14, 2015
Open for Business!
April 1, 2015
Work Authorization for H-1B Spouses
April 1, 2015
Another Public Safety Bargaining Litigation Decision - Further Muddying the Waters
April 1, 2015
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