Hiring Wisconsin Retirement System Annuitants
Many school districts are still looking to fill vacant positions before the school year begins. As a result, school districts may be considering hiring someone who previously retired from employment in the school district or in another school district. If the potential employee is receiving a Wisconsin Retirement System (WRS) annuity, the school district will […]
The Fair Labor Standards Act (FLSA) and Coaches
When school districts hire individuals as coaches who are already serving as employees of those districts, concerns regarding the payment of such employees often arise. Because of those concerns, many school districts avoid such dual-employment relationships unless the coaches also serve as teachers. This Legal Update provides information related to the general requirements of the […]
U.S. Supreme Court Clarifies Establishment Clause Precedent While Affirming Employee’s Free Exercise and Free Speech Claim
Along with several high-profile cases, the U.S. Supreme Court issued its decision in Kennedy v. Bremerton School District on June 27, 2022. 2022 WL 2295034. Kennedy involved the interplay between a government’s duties under the Establishment Clause and an employee’s right to free speech and free exercise of religion. Facts Kennedy is a devote Christian […]
Federal Judge Must Re-Evaluate Student Ban on T-Shirts with Gun Images
On June 15, 2022, in N.J. and A.L v. Sonnabend and Bestor, Case No. 21-1959 (7th Cir. June 15, 2022), the United States Court of Appeals for the Seventh Circuit issued an important decision concerning the ability of school officials to restrict the First Amendment rights of students as to speech and expression. The First […]
Real Estate Condition Reports in Commercial Real Estate Transactions
Private and public sector clients often inquire about their obligations, if any, to provide a written real estate condition report when selling real estate. Under Wisconsin law, the obligation of a seller to provide a real estate condition report applies to the sale of real estate involving one to four dwelling units and the sale […]
School Officials’ Role in Parental Disputes
It is not uncommon for students’ parents to try and put school districts and their staff in the middle of custody and other parental disputes. These situations are often uncomfortable for school officials and can threaten the school’s relationship with the students involved. School staff are trained to educate, not to navigate family disputes and […]
Code of Ethics for Local Public Officials
The Wisconsin Statutes establish standards of ethical conduct for all of local public officials, including school board members, school district administrators, and others leading Wisconsin counties, cities, villages, towns, and sewerage and other special districts. This Legal Update will review the legal obligations found in Wisconsin’s Code of Ethics for Local Public Officials (Code). The […]
Delinquent Taxes Can Be A Basis For Teacher License Revocation
Under Wisconsin Statute sections 115.31(6m) and 73.0301(2)(b), the Department of Public Instruction (“DPI”) is required to revoke a teaching license if the Wisconsin Department of Revenue (“DOR”) certifies to the DPI that an individual teaching license holder (“teacher”) is liable for delinquent taxes. The process by which this type of license revocation may occur, however, is not clearly articulated in a readily accessible manner. Neither the Wisconsin Statutes nor […]
2022 Spring Election Recounts
The 2022 spring election resulted in a number of elections decided by only a few votes. Consequently, it is expected that many school districts will be asked to conduct a recount of ballots, which is the exclusive remedy to test in court the right of a candidate to hold office based on the number of […]
The Ability of a Governing Body to Publicly Censure / Reprimand Members of the Governing Body
On March 24, 2022, the United States Supreme Court issued a unanimous Decision in Houston Community College System v. Wilson, 595 U.S. ___ (2022) – Addressing whether the Houston Community College System Board of Trustees (the “Board”) violated Trustee David Wilson’s (“Wilson”) First Amendment rights by censuring him. The Houston Community College System is a […]
