Wisconsin school districts are often posed with the conundrum of balancing the privacy rights of parents with their obligations under the open records law. School districts have often taken the position that the privacy of the parents is of higher public interest than the disclosure of their email addresses pursuant to a public records request,…
At this time of the school year, Wisconsin school districts may be receiving school district reorganization petitions. There are four (4) types of school district reorganization governed by Wis. Stat. Ch. 117, including consolidation of two (2) or more school districts, dissolution of a school district, creation of a school district, and the detachment of…
Late fall is when school boards often consider their options regarding administrator contracts for the following school year. An administrator employment contract cannot simply be allowed to “run out”; rather, there are specific procedures that must be followed if a school board would like to terminate its relationship with an administrator at the end of…
A gift consists not in what is done or given but in the intention of the giver or doer -Lucius Annaeus Seneca Unlike the quote above, Wisconsin law regarding gifts to school districts considers both the gift given and the giver’s intention. Both factors impact whether a school district can and will accept a gift…
On May 9, 2022, the United States District Court for the District of Kansas issued a decision concerning the rights of school district employees with respect to transgender student policies. While the decision does not serve as mandatory authority on courts with jurisdiction over Wisconsin school districts, it is likely that courts with jurisdiction over…
On September 27, 2022, the Wisconsin Court of Appeals issued a new decision interpreting a school district’s authority to ban individuals from school district property. Klosterman v. Sch. Dist. of Omro, 2022 WL 4491604. In its decision, the court held that a school board’s broad statutory authority included the authority to ban a former employee…
Wisconsin Statute § 118.019 encourages – but does not require – all school boards to provide students in grades Kindergarten to 12 with human growth and development instruction. The purpose is “to promote accurate and comprehensive knowledge in this area and responsible decision making and to support and enhance the efforts of parents to provide…
When a school district is considering selling real property that is no longer needed for school purposes, the school district has several methods from which to choose. This Legal Update will review several of these options. Importantly, school districts are not required to follow a specific competitive bidding process under state law, though a variation…
As the new school year gets into full swing following the Labor Day weekend, school district officials are working feverishly to assure compliance with the numerous obligations arising out of state and federal law mandates. The volume of notices and disclosures that school districts are required to provide to students, parents, and various state and…
It is well understood that public school districts must keep student records confidential under Wisconsin’s Pupil Records law and the federal Family Educational Rights and Privacy Act of 1974 (“FERPA”).[1] Both laws include exceptions that authorize disclosure without parental consent. One such exception applies to the disclosure of directory data.[2] However, this exception only applies…