Legal Updates
Best Practices For Litigation Holds
February 22, 2021
When a public or private entity receives notice of an actual or potential claim or lawsuit, one of the first steps it should take is to implement a litigation hold. In general terms, a litigation hold is a directive to preserve documents, including electronically stored information, and...
Read MoreTomorrow’s Deadline to Request Relief of Charging for COVID-19 Related Unemployment Claims
February 18, 2021
Employers have until tomorrow, February 19, 2021, to seek relief of Unemployment Insurance (UI) benefit charging for any COVID-19 related unemployment claims. Both contributing employers (i.e., employers who finance their UI liability by submitting a quarterly tax to the...
Read MoreBiden Administration Takes Immediate Action Revising U.S. Immigration Policy
February 9, 2021
As is typical, a new Presidential administration signals a new ideological position with respect to, among other topics, the United States’ policies and priorities relative to the nation’s immigration system. During President Trump’s presidency his administration sought...
Read MorePresident Biden’s Executive Order on Preventing Discrimination
January 27, 2021
On his first day in office (January 20, 2021), President Biden signed a series of Executive Orders. Among these first Presidential actions, Biden signed an “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual...
Read MoreCovid-19 Vaccines and School District Employees
January 12, 2021
As COVID-19 vaccines are approved and distributed, public school districts must determine whether they will impose any rules governing employees and the COVID-19 vaccine. This Legal Update will review the legal issues surrounding such decisions. This Legal Update will not address the...
Read MoreNew Stimulus Law Includes Voluntary Extension of EPSLA and EFMLEA
December 28, 2020
On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (Act), which provides another round of stimulus payments and other initiatives intended to combat the economic fallout of the COVID-19 pandemic. The Act also provides funding for general government...
Read MoreThe Immortality of Easements
December 15, 2020
Contrary to what most know, easements, like most things, are not immortal and they do have a specific lifespan. However, appropriate action can be taken to renew the legal enforceability of the easement. An easement is simply defined by Black’s Law Dictionary as...
Read MoreCOVID-19 Precipitates Changes to GED Testing and Credentialing
December 1, 2020
The Covid-19 pandemic has spurred several changes in education, most notably related to in-person learning. For those who have taken or plan to take the General Education Development (GED) test, the move to an increasingly virtual world has led to much uncertainty about whether these...
Read MoreCOVID-19 Presents Unique Considerations for School Districts’ Setting 2021-2022 Open Enrollment Space Limitations
November 17, 2020
School districts across Wisconsin have adopted new or modified existing modes of instruction to address the effects of the COVID-19 pandemic. For instance, many school districts now offer virtual options that did not exist at the start of 2020. Even though the 2020-2021 school year...
Read MoreCOVID-19 – Workplace Safety Grievances
November 3, 2020
Absent an Order from the Governor or Department of Health Services closing schools, school districts may provide in-person instruction so long as they deem it safe to do so. The issue for those school districts electing to provide in-person instruction is ensuring employee safety and health (as...
Read MoreNew Unemployment Insurance Notice Requirements for Employers
October 22, 2020
Beginning November 2, 2020, Wisconsin employers must provide notice to employees about the availability of unemployment insurance benefits at the time of an employee’s separation from employment with the employer. The Wisconsin Department of Workforce Development (DWD) created the new...
Read MoreRestrictive Covenants on Real Property
October 20, 2020
In addition to restrictions contained in municipal zoning regulations, landowners, including developers, sometimes place restrictions on the manner in which real property may be used or improved for future owners of the real property. These restrictions, called “restrictive...
Read MoreEEOC Updates Guidance During Ongoing Pandemic
October 6, 2020
The COVID-19 virus has continued to have a widespread impact. In light of that unfortunate reality, employers must carefully balance maintaining a workforce and minimizing the presence of the virus in their workplaces. Part of this process involves evaluating an employer’s obligations...
Read MoreWisconsin Supreme Court Strikes Down Dane County Emergency Order
September 22, 2020
On September 10, 2020, the Wisconsin Supreme Court issued an emergency temporary injunction, barring Public Health Madison & Dane County (PHMDC) from enforcing its own Emergency Order #9. The PHMDC Order prohibited in-person instruction for certain students in Dane County public and private...
Read MoreSchool Districts Must Report to DPI on Virtual Instruction and Other Impacts of the School Closure
September 8, 2020
By November 1, 2020, public school districts must report information to the Wisconsin Department of Public Instruction (DPI) regarding the period of school closure (March 18 – June 30, 2020). The report must include information about the delivery of virtual instruction to students...
Read MoreDistributing CARES Act Funds to Private Schools in Light of the Recent Preliminary Injunction
September 2, 2020
The federal District Court for the Northern District of California has issued a preliminary injunction temporarily prohibiting enforcement of the Department of Education’s (DOE) rules for how public-school districts are to distribute Coronavirus Aid, Relief, and Economic Security Act...
Read MoreDepartment of Labor Updates FFCRA Frequently Asked Questions
August 31, 2020
Continuing concerns regarding COVID-19 have led Wisconsin’s public and private schools to implement a variety of different plans for the beginning of the new school year. These plans include in-person schooling five days per week to a fully virtual (remote) learning plan, or a hybrid...
Read MoreNew York Federal Court Invalidates Portions of Department of Labor’s FFCRA Regulations
August 25, 2020
In a decision dated August 3, 2020, the federal court for the Southern District of New York held that the Department of Labor (DOL) exceeded its authority in aspects of its regulations implementing the Families First Coronavirus Response Act (FFCRA). The Court’s decision in...
Read MoreHow to Properly Protect District Property From Trespass
August 12, 2020
You realize that a neighboring property owner is encroaching upon District property. Your first instinct is to confront the neighboring property owner with a claim of trespass. However, there are necessary procedures to protect the District’s legal interest to the land in...
Read MoreGovernor Evers Issues Order Requiring Face Coverings
July 31, 2020
Governor Tony Evers issued an Emergency Order yesterday, July 30, 2020, requiring that every individual five years of age and older wear a face covering if they are indoors or in an enclosed space, and “[a]nother person or persons who are not members of individual’s household or...
Read MoreA School District’s Plans to Start the 2020-2021 School Year Will Impact Special Education
July 28, 2020
School districts across Wisconsin are contemplating how to begin school for the 2020-2021 school year with the current public health emergency caused by COVID-19. There are essential questions that school districts must answer concerning special education once the district determines whether to...
Read MoreEmployment Verification (Form I-9) Flexibility Expiring
July 15, 2020
Federal immigration law requires that all employers in the United States verify both the identity and the employment authorization status of all employees hired after November 1986. This requirement applies to all new hires and, where necessary, requires re-verification of employment...
Read MoreCan a Claim for Nominal Damages Save an Otherwise Moot Constitutional Challenge?
July 14, 2020
The United States Supreme Court on July 9, 2020 granted review in a case that raises a procedural question with significant practical implications for the types of constitutional lawsuits often brought against public school districts. The grant of certiorari in
United States Court of Appeals for the Fifth Circuit Reviews Current Law Related to Off-Campus Student Speech Under the First Amendment
June 30, 2020
At a time when technology and social media use among students is pervasive, school districts are often faced with issues regarding the contours of regulating off-campus student speech. To date, the United States Supreme Court has not directly ruled on the limits of school districts’...
Read MoreU.S Supreme Court Rules Title VII Sex Discrimination Includes Discrimination Based on Sexual Orientation and Transgender Status
June 18, 2020
On June 15, 2020, the United States Supreme Court (“Court”) decided three (3) cases filed under Title VII of the Civil Rights Act of 1964 (“Title VII”) alleging sex discrimination based on the employees’ sexual orientation or transgender status. Bostock v....
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On May 19, 2020, in a previous article, we reported on the U.S. Federal Department of Education’s new Title IX regulations, which were released on May 6. 2020, and which impose...
In accordance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the US Department of Education has established a $30.75 billion Education Stabilization Fund comprised of three separate allocations: (1) a Governor’s Emergency Education Relief Fund, (2) an Elementary and...
On May 29, 2020, the Department of Public Instruction (“DPI”) issued new guidance on how school districts must address the impact of the extended school closures due to COVID-19 on students with disabilities. The new guidance refers to the services provided by school districts to...
It is difficult to name a subject concerning our public schools that has been more emotional or ignited greater controversy than graduation ceremonies for the Class of 2020. The COVID-19 pandemic has transformed what is traditionally a time of celebration and recognition for graduating...
On May 6, 2020, the U.S. Department of Education (“the Department”) issued new final regulations under Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits discrimination on the basis of sex in education programs or activities receiving federal...
The Wisconsin Supreme Court has struck down the “Safer at Home” Order (Emergency Order #28) (“Order”) issued by Secretary-Designee of the Department of Health Services, Andrea Palm, at the direction of Governor Tony Evers. In a 4-3 decision accompanied by several...
Within the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), Congress requested a report from U.S. Education Secretary Betsy DeVos on recommended waiver authority for the Department of Education to provide State and local educational agencies flexibility to meet the...
Wisconsin’s recent emergency orders signal that the process of re-opening the state’s economy after the COVID-19 public health emergency is starting, but slowly. With some businesses starting to reopen, and other businesses continuing operations to the extent permitted, many...
On April 21, 2020, the Wisconsin Interscholastic Athletic Association (WIAA) Board of Control voted to cancel the 2020 spring sports regular season and tournament competitions. While this news did not come as a surprise, in light of the COVID-19 pandemic and Wisconsin’s Safer-at-Home...
On April 15, 2020, Governor Evers signed into law 2019 Wisconsin Act 185 (“Act 185”). Many of Act 185’s provisions aim to take advantage of and/or facilitate the various enactments of the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). In...
With public school districts closed for purposes of in-person pupil instruction and extra-curricular activities for the remainder of the school year, many school districts are considering moving up construction and building maintenance projects that were previously scheduled to commence in the...
With the spring election of school board members completed, school boards must now focus on the school board organizational meeting for purposes of electing officers. This Legal Update provides a review of the laws governing that organizational meeting, and addresses some of the...
Governor Tony Evers signed 2019 Wisconsin Act 185 (“Act 185” or “the Act”) into law on April 15, 2020. The Act produced a series of statutory changes concerning the COVID-19 pandemic and its impact on Wisconsin school districts. Nonstatutory...
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To say that this school year has presented educators with unique and complex challenges may be the understatement of the century. Governor Evers’ revised Safer at Home Order, including the school closure component, made official what most have expected would be the case – school is...
On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations to clarify the paid leave provisions in the recently-enacted Families First Coronavirus Relief Act (FFCRA). The new regulations, which were effective as of April 2, 2020, provide detailed rules for implementing the Emergency...
As a result of the State of Wisconsin’s orders, which indefinitely closed public and private schools for purposes of pupil instruction and extracurricular activities, except for virtual learning, due to the health emergency caused by COVID-19, school districts have been forced to implement...
In two previous Legal Updates, we addressed the Unemployment Insurance benefits in Wisconsin and the passage of the
Wisconsin Resists Implementation of Title IX Regulations
June 16, 2020
Elementary and Secondary School Emergency Relief Grant Process Revealed by DPI
June 5, 2020
Department of Public Instruction Issues New Guidance on “Additional Services” for Students with Disabilities Due to the Extended School Closure
June 3, 2020
Graduation Time: The Class of 2020
June 2, 2020
New Title IX Regulations Create Sweeping Changes for School Districts’ Responses to Sexual Harassment Complaints and Investigations
May 19, 2020
Wisconsin Supreme Court Strikes Down “Safer at Home” Order
May 14, 2020
Secretary DeVos Files Report to Congress, Recommending Against Authorizing Waivers for IDEA Core Principles
May 8, 2020
Legal Issues Involved with Protective Gear in the Workplace
May 4, 2020
WIAA Cancels Spring Sports Season but Extends Opportunities Into Summer
April 28, 2020
2019 Wisconsin Act 185: Provisions that Affect Public and Private Employers
April 27, 2020
School Construction and Building Maintenance Projects During the COVID-19 Pandemic
April 23, 2020
School Board Organizational Meetings
April 22, 2020
Governor Evers Signs 2019 Wisconsin Act 185
April 21, 2020
Grading, Credit Determinations, and Other Considerations for the 2019-2020 School Year and Beyond
April 20, 2020
Five Takeaways from the Department of Labor’s FFCRA Regulations
April 15, 2020
Legal Issues for a School District to Consider When Choosing Video Conferencing Services for Virtual or Remote Learning Programs
April 13, 2020
Enhanced Unemployment Compensation Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act
April 8, 2020
Wisconsin Elections Commission Advises that Prohibition on Disclosing Unofficial Election Results Remains in Effect
April 7, 2020
In our previous Legal Update, we explained the flurry of legal actions and court decisions that occurred in the last few days before today’s Spring Election. As discussed in the earlier Legal...
Read MoreFederal Injunction Did Not Delay Spring Election but Will Impact School Districts’ Post-Election Activities
April 6, 2020
From the beginning of the public health emergency caused by COVID-19, it seemed likely it would impact the April 7, 2020, Spring Election. After the Department of Health Services (the “DHS”) closed schools effective March 18, 2020, the Wisconsin Elections Commission (the...
Read MorePresident Trump Signs Massive Stimulus Package: The Coronavirus Aid, Relief, and Economic Security Act
March 30, 2020
On Friday March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) into law. The CARES Act is an 880 page economic stimulus package worth approximately $2 trillion that includes a relief intended to aid individuals, businesses, and governmental...
Read MoreUtilizing Virtual Instruction and Remote Learning Programs During Extended School Closures Due to COVID-19 Pandemic
March 26, 2020
The Wisconsin Department of Health Services (DHS) initially ordered all public and private schools closed from March 18, 2020, through April 6, 2020, due to the health emergency caused by COVID-19. DHS extended the school closures on March 17, 2020, for the “duration of the health...
Read MoreFamilies First Coronavirus Response Act: Employee Leave Notices
March 25, 2020
On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA). President Trump signed it into law shortly thereafter. The FFCRA established two new leaves of absence for employees arising out of or related to the COVID-19 pandemic: Emergency Paid Sick Leave and...
Read MoreWisconsin Unemployment Insurance Benefits in the Wake of COVID-19
March 24, 2020
Claims for Unemployment Insurance benefits in Wisconsin spiked 1,111% this past week as a number of businesses elected to voluntarily close or were forced to close (at least temporarily) in response to COVID-19. Employees who are laid off or whose weekly hours or wages are reduced as a...
Read MoreImpact of COVID-19 on Pending Litigation
March 24, 2020
Public and private sector entities with pending court litigation or pending discrimination complaints/charges are questioning how COVID-19 will impact their cases. Initially, the Wisconsin circuit courts determined how to address COVID-19 concerns at the circuit court level. This led...
Read MoreInstructional Hour and Testing Waivers
March 23, 2020
Wisconsin’s schools continue to be under closure orders from the Governor and Department of Health Services due to COVID-19 concerns. It is increasingly likely that many, if not most, school districts will not be able to meet state law mandates for instructional hours and pupil assessments...
Read MoreLegal Update: Special Education and Related Issues During School Closure Due to COVID-19 Pandemic
March 20, 2020
The Wisconsin Department of Health Services (DHS) ordered all public and private schools closed from March 18, 2020, through April 6, 2020, due to the health emergency caused by COVID-19. DHS extended the school closures on March 17, 2020, for the “duration of the health emergency or...
Read MoreFamilies First Coronavirus Response Act: Leave Provisions
March 19, 2020
On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA). President Trump signed it into law shortly thereafter. The FFCRA will become effective within 15 days and remains in effect until December 31, 2020. The FFCRA is intended to assist the country...
Read MoreSchool Board Meetings During the “Mass Gathering” Prohibition
March 18, 2020
Yesterday, March 17, 2020, the Wisconsin Department of Health Services, under the direction of Governor Evers, issued Emergency Order...
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The United States Court of Appeals for the Seventh Circuit, whose jurisdiction includes Wisconsin, recently issued a decision in a case involving an employee’s claims of retaliation by her public employer under Title VII. Robertson v. Dep’t of Health Servs., 949 F.3d 371...
Employee absences due to the use of federal and state protected leave entitlements can create hardships for employers. Employee absences can be disruptive, cause overtime, delay projects, or present other similar hardships and frustrations for employers. As a result, it is in some...
On February 5, 2020, 2019 Wisconsin Act 96 (Act 96) was enacted into law and subsequently became effective on February 6, 2020. Act 96 takes an important step in modernizing the manner in which school boards may notify their school board members of upcoming special meetings. In its...
A school district can lawfully limit parents’ communications with a school district and its personnel according to a recent federal court of appeals decision. L.F. et. al. v. Lake Washington School Dist., #414, No. 18-35792 (9th Cir. 1/17/20) (“Lake...
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Every year, school districts across the state receive school district reorganization petitions; yet, the process of addressing such petitions can be confusing. This article will provide an overview of the process for addressing small territory detachment and attachment petitions. School...
The 7th Circuit Court of Appeals recently upheld a jury verdict that a school district violated the federal Family and Medical Leave Act (FMLA) by interfering with an employee’s right to take job-protected leave. Valdivia v. Twp. High Sch. Dist. 214, 942 F.3d 395 (7th Cir....
After announcing a Final Rule in September of this year increasing the salary basis level for overtime exemptions, the United States Department of Labor (DOL) is at it...
In September 2019, Strang, Patteson, Renning, Lewis & Lacy, s.c., published an article about the US Department of Labor’s Final Rule, which updates the standard salary levels necessary to...
In April 2018, the Wisconsin Governor signed into law 2017 Wisconsin Act 346, which established supported decision-making agreements between adult students with disabilities and “supporters” of their choosing to assist the students with life decisions. The Department of Public...
The Wisconsin Department of Justice Office of Open Government publishes its correspondence regarding the interpretation of the Wisconsin Public Records Law and the Wisconsin Open Meetings Law on a quarterly basis.[1] A review of the most recent...
The Seventh Circuit Court of Appeals (with jurisdiction over Wisconsin) recently found that Purdue University violated a student’s due process rights under the United States Constitution when it disciplined the student for alleged sexual violence.
Seventh Circuit Issues Favorable Decision for Employers in Retaliation Case
March 10, 2020
Employers Cautioned When Taking Employment Action Related to Use of FMLA Leave
February 25, 2020
New Wisconsin Law Provides Added Flexibility for Providing Notice of Special Meetings to School Board Members
February 14, 2020
Court Approves of School District Plan to Restrict Parent’s Communications with School District Personnel
February 11, 2020
Small Territory Detachment and Attachment (School District Reorganization)
January 28, 2020
SEVENTH CIRCUIT COURT OF APPEALS REVISITS EMPLOYEE NOTICE REQUIREMENTS FOR UNFORESEEABLE FMLA LEAVE
January 14, 2020
DOL Releases Final Rule On Regular Rate
December 17, 2019
MINIMUM WAGE AND OVERTIME FOR NON-EXEMPT EMPLOYEES
December 3, 2019
SUPPORTED DECISION-MAKING AGREEMENTS FOR ADULT STUDENTS WITH DISABILITIES
November 19, 2019
DENYING ACCESS TO PUBLIC RECORDS UNDER THE WISCONSIN PUBLIC RECORDS LAW
November 5, 2019
A DUE PROCESS REMINDER
October 23, 2019
ISSUES TO CONSIDER WHEN REAL ESTATE IS NO LONGER USED FOR SCHOOL PURPOSES
October 8, 2019
In a previous Legal Update, we discussed school boards’ authority in school district real estate transactions, including in situations in which a common school district or union high school district sells real estate no longer needed for school purposes....
Read MoreDOL RELEASES FINAL RULES ON OVERTIME EXEMPTIONS
September 27, 2019
On September 24, 2019, the United States Department of Labor (DOL) released its Final Rule updating the standard salary levels necessary to qualify for the executive, administrative and professional exemptions to the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay...
Read MoreCOURT HOLDS THAT PUBLIC SCHOOL COACH IS NOT A PUBLIC OFFICIAL FOR PURPOSES OF A DEFAMATION CLAIM
September 24, 2019
The Minnesota Supreme Court recently had the opportunity to consider the legal structure applicable to a claim by a coach that a parent had engaged in unlawful defamatory conduct towards him. McGuire v. Bowlin, 2019 WL 4180048 (Minn. Sup. Ct., 09/04/2019), provides an interesting...
Read MoreSEVENTH CIRCUIT ADDRESSES OBESITY UNDER THE ADA
September 10, 2019
Obesity has become a pressing public health concern for the United States. As around 40% of the United States population is classified as “obese,” it is no wonder that questions surrounding this health concern have crept their way into the legal system.
In June of 2019, the...
Read MoreWISCONSIN SUPREME COURT CLARIFIES THE DOCTRINE OF GOVERNMENTAL IMMUNITY
August 27, 2019
The Wisconsin Supreme Court recently made two important rulings regarding the doctrine of governmental immunity. These decisions have helped to refine the scope of governmental immunity.
Governmental immunity generally protects local governments from lawsuits pertaining to...
Read MoreFEDERAL APPEALS COURT RULES THAT HANDCUFFING A NON-COMPLIANT SECOND GRADE STUDENT DID NOT VIOLATE THE STUDENT’S CONSTITUTIONAL RIGHTS
August 14, 2019
In a decision released less than two weeks ago, the United States Court of Appeals for the 8th Circuit concluded that handcuffing a 7-year-old student did not constitute an unlawful seizure or the use of excessive force under the U.S. Constitution. K.W.P. v. Kansas City...
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As the Wisconsin legislature and Governor Tony Evers focused on the 2019-2021 Biennial Budget, the Department of Public Instruction (DPI) issued new guidance on open enrollment funding for special education students adopted in the 2017-2019 Biennial Budget (2017 Budget). Before the 2017...
On July 3, 2019, Governor Evers signed the 2019 Wisconsin Act 9, which is the 2019-21 State of Wisconsin Biennial Budget. Despite speculation that he would veto the entire budget, Governor Evers only vetoed portions of the budget bill presented to him by the legislature. In past...
With the annual meeting of the electors approaching for common school districts and union high school districts, many are considering whether elector approval is required for certain real estate transactions. This article explores when certain real estate transactions require elector approval at...
Public entities often find themselves subject to public records requests. Given technological advances, particularly electronic-mail, public entities are now responding to requests that seek a high volume of documents in a variety of formats. Responding to these requests in a timely...
Earlier this year, the U.S. Department of Education announced that its Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) will partner to oversee a new initiative to address inappropriate uses of restraint and seclusion in school environments. ...
The Office of Open Government within the Wisconsin Department of Justice issued an opinion letter on March 5, 2019 responding to an inquiry under the Open Meetings Law regarding whether a mayor may lawfully hold separate meetings with each of the individual members of the city council to, for...
Employers face a number of challenges, as well as legal obligations, in managing their work environments. One of those obligations is the affirmative duty to investigate and remediate instances of harassment in the workplace. Specifically, this duty applies when employee harassment...
The Seventh Circuit Federal Court of Appeals issued a decision in favor of the Milwaukee Public School District’s (“MPS”) differentiation between access to school funded transportation for private school students and for some public school students residing in the City....
A federal court in Maryland recently issued a reminder to schools and school districts across the country: federal discrimination laws protect employees from discrimination based on gender no matter what an employee’s gender may be. Contemporary legal developments indicate that...
April 2, 2019 is Election Day in Wisconsin. Wisconsin residents will vote for a State Supreme Court Justice, Court of Appeals and Circuit Court Judges, and School Board Members; they will also cast ballots for eighty-eight (88) separate referendum questions. This Legal Update will...
The Wisconsin Court of Appeals recently issued a noteworthy decision in a case involving a Business Manager who was placed on paid administrative leave pending an investigation related to his job performance. Specifically, in Towle v. Kerr, No....
In recent years, many public school districts, and other employers, instituted wellness programs which provide employees with an incentive, such as a discount on employer sponsored health insurance, in exchange for participating in certain health-related activities or programs. However, a...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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,...
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...
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
NEW GUIDANCE FROM THE DEPARTMENT OF PUBLIC INSTRUCTION ON ACTUAL COSTS FOR PROVIDING SPECIAL EDUCATION AND RELATED SERVICES TO OPEN ENROLLED STUDENTS
July 30, 2019
GOVERNOR EVERS SIGNED THE 2019-21 BIENNIAL BUDGET ON JULY 3, 2019
July 16, 2019
REMINDER REGARDING APPROVAL REQUIREMENTS IN SCHOOL DISTRICT REAL ESTATE TRANSACTIONS
July 1, 2019
WISCONSIN COURT OF APPEALS ADDRESSES REQUESTS FOR ELECTRONIC RECORDS
June 18, 2019
DEPARTMENT OF EDUCATION OPENS COMPLIANCE REVIEWS UNDER INITIATIVE TO ADDRESS THE INAPPROPRIATE USE OF RESTRAINT AND SECLUSION
June 4, 2019
ONE-ON-ONE MEETINGS (EXCHANGING ELECTRONIC-MAIL MESSAGES) - ARE YOU CIRCUMVENTING THE OPEN MEETINGS LAW?
May 21, 2019
EMPLOYERS REMINDED OF DUTY TO INVESTIGATE HARASSMENT CONCERNS
May 9, 2019
FEDERAL COURT RULES ON TRANSPORTATION FOR PRIVATE SCHOOL STUDENTS
April 24, 2019
SCHOOL FORCED TO SETTLE LAWSUIT BASED ON SCHOOL’S PREFERENCE FOR FEMALE LEADERSHIP
April 9, 2019
ELECTION DAY STUDENT AND STAFF ABSENCES
March 26, 2019
COURT OF APPEALS ISSUES DECISION UPHOLDING PAID ADMINISTRATIVE LEAVE OF SCHOOL BUSINESS MANAGER
March 12, 2019
EEOC REGULATIONS ON WELLNESS PROGRAMS VACATED
February 26, 2019
SEVENTH CIRCUIT COURT OF APPEALS HOLDS WISCONSIN’S OPEN ENROLLMENT STATUTE DOES NOT DISCRIMINATE BASED ON DISABILITY
February 14, 2019
THE FIRST AMENDMENT AND RESTRICTING THE SPEECH/EXPRESSION OF TEACHERS AND COACHES
February 1, 2019
HOMELAND SECURITY PROPOSED RULE SHOULD NOT AFFECT SCHOOL PROGRAMS
January 15, 2019
FREE SPEECH RIGHTS OF PUBLIC EMPLOYEES
January 2, 2019
THE RULE OF LAW?
December 18, 2018
2019-20 OPEN ENROLLMENT SPACE LIMITATIONS MUST BE SET DURING THE JANUARY 2019 SCHOOL BOARD MEETING
December 3, 2018
A PRIMER ON EMPLOYMENT DISCRIMINATION CLAIMS
November 20, 2018
PUBLIC SCHOOL DISTRICTS AND PRIVATE SCHOOL PUPIL TRANSPORTATION
November 6, 2018
SCHOOL DISTRICTS FACE QUESTIONS AS TO ADMINISTRATION OF CBD PRODUCTS
October 24, 2018
ABSENTEEISM MAY DISQUALIFY FORMER EMPLOYEES FROM RECEIVING UNEMPLOYMENT INSURANCE BENEFITS
October 8, 2018
SEVENTH CIRCUIT DISCUSSES “CONSTRUCTIVE NOTICE” UNDER THE FMLA
September 26, 2018
DEPARTMENT OF JUSTICE ISSUES GUIDANCE ON CHARGING FEES UNDER THE WISCONSIN PUBLIC RECORDS LAW
September 19, 2018
WISCONSIN’S NEW HIRE REPORTING LAW
September 11, 2018
MINNESOTA SUPREME COURT ALLOWS SCHOOL SEGREGATION LAWSUIT TO PROCEED
August 28, 2018
A CASE STUDY ON THE EQUAL PAY ACT: USE OF THE “ANY FACTOR OTHER THAN SEX” AFFIRMATIVE DEFENSE
August 14, 2018
WISCONSIN ATTORNEY GENERAL ISSUES OPINION ON COMMON QUESTIONS RELATED TO THE NOTICE PROVISIONS OF THE WISCONSIN PUBLIC RECORDS LAW
July 31, 2018
EMPLOYEE PERSONNEL FILES AND PUBLIC RECORDS REQUESTS
July 17, 2018
DETERMINING WHEN STUDENTS WITH DISABILITIES NEED EXTENDED SCHOOL YEAR SERVICES
July 3, 2018
WHEN 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
REMINDER REGARDING SCHOOL SAFETY LEGISLATION REQUIREMENTS
June 6, 2018
THE END OF THE TEACHER NON-RENEWAL SEASON – LESSONS LEARNED
May 22, 2018
WHEN EDUCATORS ARE SUBPOENAED TO TESTIFY IN A WISCONSIN COURT
May 7, 2018
THE DEPARTMENT OF PUBLIC INSTRUCTION ISSUES NEW GUIDANCE ON SPECIAL EDUCATION TRANSPORTATION QUESTIONS
April 24, 2018
USCIS TO INCREASE SITE VISITS TO COMPANIES WITH H-1B VISA HOLDERS
April 16, 2018
GOVERNOR WALKER SIGNS SPECIAL SESSION LEGISLATION ON SCHOOL SAFETY
March 27, 2018
WELLNESS AND TAXES
March 13, 2018
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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