Year: 2024

A number of Wisconsin school districts are preparing for referendum elections as part of the November 2024 general election.  Inasmuch as school districts have significant interest in the outcome of their referendum election, we are regularly asked to weigh in as to what extent school districts, school board members, school district administrators, and school district…

On May 30, 2024, a Wisconsin Court of Appeals granted a petition for appeal in Johnson v. MacCudden, a Milwaukee County case involving claims of defamation against Scarlett Johnson, a self-proclaimed local parents’ rights activist and member of Moms for Liberty.  Ms. Johnson allegedly posted various statements criticizing her local school district and an individual,…

When the United States Congress passes laws, it regularly delegates authority to federal agencies to enforce and administer the law’s provisions.  For example, the Department of Education enforces Title IX of the Education Amendments of 1972, the Department of Labor enforces the Fair Labor Standards Act and the Environmental Protection Agency enforces the Clean Air…

In preparation for the 2024-2025 school year, school districts and private schools should confirm they are meeting their statutory obligations related to school safety plans.  Generally, school safety plans provide a shared understanding among school personnel, school leadership, parents, and law enforcement during times of crisis.  School safety plans contain directions for interested parties during…

In a decision issued on July 2, 2024, the U.S. District Court for the District of Kansas (“Court”) enjoined the U.S. Department of Education/Department of Justice (“Department”) from “implementing, enacting, enforcing, or taking any action to enforce the new Title IX regulations against Kansas, Alaska, Utah, Wyoming, KR’s school, the schools attended by the members…

The use of electronic communication has rapidly expanded creating new modes of communication that are now part of everyday life.  With the ease and convenience of electronic communication, public sector officials may inadvertently create public records, that may be subject to disclosure through a public records request or a subpoena.  It is wise to keep…

Introduction In a nearly unanimous decision (Justice Ketanji Brown Jackson partially concurred and partially dissented), the U.S. Supreme Court resolved a split in the federal circuit courts over the test to be applied when evaluating a request by the National Labor Relations Board (NLRB) for injunctive relief during the pendency of a labor dispute.  In…

The U.S. Department of Labor published its final rule increasing the salary threshold under the Fair Labor Standards Act (FLSA) for White Collar Exemptions on April 26, 2024. Exempt status applies to employment positions that are not eligible for overtime compensation because they involve the performance of certain types of duties (executive, administrative, or professional)…

As the 2023-24 school year comes to an end, it’s a perfect time to make your Summer to-do list!  Consider the following practice tips when working through end-of-the-year IEP team meetings, preparing for summer programming, and planning back-to-school in-services. Understand the difference between ESY and summer school. ESY services are special education and related services…

The United States Department of Education (DOE) released the long-awaited final version of the regulations for Title IX of the Education Amendments of 1972 (Title IX), which will go into effect on August 1, 2024.  Title IX prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. Although these new…