Year: 2024

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…

Now that the spring election of school board members has occurred, school boards that have not already held their annual school board organizational meetings must concentrate on complying with requirements for such meetings.  At those meetings, school boards elect officers but may also conduct additional business (e.g., appointing a WASB delegate, appointing committee members, and…

In March, the Department of Public Instruction (DPI) issued Special Education Informational Bulletin 24.01 regarding the use of shortened school days.  Bulletin 24.01 replaces Informational Bulletin 14.03 on shortened school days and provides valuable new insights into how the DPI evaluates an individualized education program (IEP) team’s decision to shorten a student’s school day. The…

On February 28, 2024, in Halter v. Wisconsin Interscholastic Athletic Association, the Wisconsin Court of Appeals concluded: (1) the WIAA is a state actor and, therefore, subject to judicial review to determine whether it acted in accord with its rules and regulations and in applying its rules in a nonarbitrary manner; (2) the WIAA applied…

On March 15, 2024, the United States Supreme Court (Court), in a unanimous opinion, articulated a two-part test for determining whether a public official acts on behalf of the government (i.e., engages in state action) when blocking an individual’s comments or the individual on the public official’s social media page.  See Lindke v. Freed, No….

The U.S. Court of Appeals for the Seventh Circuit issued a decision on March 7, 2024, in a case involving a challenge to a school district’s Administrative Guidance for Gender Identity Support, as written. The Court dismissed the case because the plaintiff, a group of parents called “Parents Protecting Our Children” (PPOC), lacked standing to…