Year: 2023

Following the U.S. Supreme Court’s decision in Mahanoy Area School District v. Levy, 141 S.Ct. 2038 (2021), courts have grappled with applying First Amendment freedom of speech law in the context of off campus student speech that implicates potential disciplinary interest relative to the school environment. Mahanoy, often referred to as “the cheerleader case” found…

On February 9, 2023, the US Department of Labor Wage and Hour Division (DOL) issued an opinion concerning whether an employer is required to allow an employee to work a reduced schedule due to a chronic serious health condition under the federal Family and Medical Leave Act (FMLA).  This Legal Update will review the legal…

The posted notice is a requirement that is often overlooked under Wisconsin’s Public Records law.  Wis. Stat. § 19.34(1).  By statute, each public records authority, excluding members of a governmental body, must adopt, prominently display, and make available, a notice providing guidance on its public records procedures.  Many school districts display the notice in their…

The Seventh Circuit Court of Appeals recently decided a case involving the property rights of a former school employee – Concluding that neither the former school employee’s employment contract nor performance improvement plan that he was subject to created a property interest in continued employment.  Barkow v. School District of Athens, et al., Case 22-1521…

The Wisconsin Department of Public Instruction (DPI) recently issued several decisions in which it addressed the legal standards that apply to pupil discrimination complaints under Wis. Stat. § 118.13. These decisions not only serve as a general reminder regarding the duty on the part of a school district to provide a nondiscriminatory educational environment, but…

Wisconsin Schools Professional football fans and others alike, have been gripped by the story of Buffalo Bills defensive back, Damar Hamlin, following his collapse on Monday Night Football. He reportedly suffered cardiac arrest and, because of the immediate and comprehensive medical response, was resuscitated on the field before being taken to a local hospital. As…