General Tips to Testifying as a Witness
We often assist clients with reviewing subpoenas, whether for testimony, to produce documents, or both. In this litigious world that we live in, it is possible that you and your staff may become involved in civil litigation or administrative processes, which may require you to testify as a witness at a deposition, hearing, or trial. […]
2023-2025 Biennial Budget Update
After each biennial state budget has been adopted, we have provided a discussion of items contained within that budget that is of interest to our clients. In some previous budget cycles, the budget has contained significant policy components along with financial appropriations, in some instances requiring a series of articles to discuss those updates. The […]
Employers May be Required to Provide Paid Military Leave to Employees
Employers may be required to provide paid military leave for employees serving in the armed forces. This was the holding in White v. United Airlines, Inc., a recent case decided by the United States Court of Appeals for the Seventh Circuit. In 1994, Congress enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA) which […]
The Future of the Office of School Safety (OSS) Hangs in the Balance
The Office of School Safety (OSS) within the Wisconsin Department of Justice, a vital statewide resource dedicated to maintaining the safety of schools, faces potential budget cuts that could impact its operations and effectiveness. Wisconsin’s Attorney General, Josh Kaul, had requested $2.2 million and 16 full-time positions to support the OSS, an initiative that started […]
CAUTION: DPI Expulsion Hearing Appeals
When reviewing expulsion appeals, the Wisconsin Department of Public Instruction (“DPI”) had historically taken the approach that a school board was in the best position to know and understand what its community required as a response to school misconduct. Consistent with that philosophy, the DPI maintained that it was inappropriate to second-guess the school board’s […]
Department of Education Proposes Rule Changes Regarding Parental Consent to Bill Medicaid for IDEA Services
On May 18, 2023, the Department of Education (“DOE”) issued a notice of proposed rulemaking and invited public comment on regulatory changes that could make it easier for school districts to access a student’s public benefits or insurance, such as Medicaid, to pay for services under the Individuals with Disabilities Education Act (“IDEA”). Assistance to […]
Navigating Records Retention Changes – Understanding and Adopting the General Records Schedule for Wisconsin Public School District and Related Records
On March 20, 2023, the Public Records Board (PRB) approved the General Records Schedule for Wisconsin Public School District and Related Records (GRS), replacing the Wisconsin Records Retention Schedule for School Districts (WRRSSD). The GRS became effective on March 20, 2023, making the WRRSSD outdated, despite its May 2023 expiration. The GRS and the WRRSSD […]
School Districts Obtaining Harassment Restraining Orders and Injunctions
When a school district finds itself in the difficult position of having to bar an individual from school district property and/or limit the individual’s communications with staff members to ensure the safety of students and staff, a harassment restraining order may be an option. In a previous legal update, we addressed a school district’s broad […]
The Wisconsin Court of Appeals Addresses the Public Records Law Related to Applicants for a School Board Vacancy
Part of our goal in preparing legal update articles for our clients is to provide practical guidance on matters relevant to our clients. To public entities, the often-convoluted legal landscape of public records law is one of those topics that, while not always exciting, it is nonetheless important to understand. In that vein, this article […]
Student Disciplinary Suspensions – Procedural Reminders
Wisconsin public school districts have a responsibility to ensure schools are safe places to learn. Student discipline, including suspensions, often assist school districts in maintaining the safety of the educational environment. The Wisconsin Constitution guarantees a free public education for children ages 4 through 20, who have not graduated from high school. Because a disciplinary […]
