New Wisconsin Law Requires Local Policies Prohibiting the Use of Cellphones and other Personal Wireless Communication Devices During Instructional Time
Wisconsin recently joined thirty-five (35) other states in enacting state-wide legislation regarding student use of cell phones and other electronic devices in school. 2025 Wisconsin Act 42 (“Act 42”) was enacted on October 31, 2025, and mandates that all school districts adopt a policy by July 1, 2026, prohibiting students from using wireless communication devices […]
Recent Case Law on Student First Amendment Speech Rights
The Seventh Circuit Court of Appeals (Court), which has jurisdiction in Wisconsin, issued a decision in August 2025 related to student First Amendment speech rights. This article first reviews that decision and then provides reminders related to the varying tests applicable to student speech cases. In E.D. by Duell v. Noblesville Sch. Dist., 151 F.4th […]
Characterizing the Use of School District Property
It is common for school districts to permit the use of school district property by outside individuals, groups, or entities. Questions often arise on how to properly characterize the use, including whether it constitutes a temporary facility use (such as under a facility use agreement or license), or whether the arrangement is intended to be […]
Challenging Race-Based Logos, Mascots, Team Names, and Nicknames in Wisconsin Public Schools
In recent years, the intersection of school district mascots and racial implications has become a topic of discussion between school districts, their constituents, and advocacy groups. This Legal Update will discuss the history of Wisconsin Statute § 118.134 and challenges to “race-based nicknames, logos, mascots, and team names” in Wisconsin. In 2010, then-Governor Jim Doyle […]
Convening in Closed Session for Bargaining Purposes
The Wisconsin Court of Appeals recently issued a decision that appears to create new obligations under Wisconsin’s open meetings law. Specifically, in State ex. rel. Oitzinger v. City of Marinette, 2025 WI App 19, the Court found that a municipal government violated the open meetings law because “discussion of [the agreement for which closed session […]
𝗛-𝟭𝗕 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 – 𝗗𝗼 𝗻𝗼𝘁 𝗟𝗲𝗮𝘃𝗲 𝘁𝗵𝗲 𝗨𝗻𝗶𝘁𝗲𝗱 𝗦𝘁𝗮𝘁𝗲𝘀
President Trump’s systematic dismantling of the immigration system is now targeting an important program for obtaining foreign national talent, known as the H-1B program. Employers use the program to employ professionals in specialty occupations, which are those that require at least a bachelor’s degree in a specialized field. While ostensibly a protectionist measure for U.S. […]
Responding to Religious-Based Opt-Out Requests
On June 27, 2025, the United States Supreme Court expanded the rights of parents to opt their children out of certain instruction within the school day under the Free Exercise Clause of the First Amendment. See Mahmoud v. Taylor, 145 S. Ct. 2332 (2025). The case began when a Maryland school district introduced books that […]
ADA Web Accessibility Deadlines and Requirements for Local Governments, including School Districts
Among other legal considerations regarding inclusive and equitable practices confronting local governments, including school districts (collectively, “Local Governments”), in the near future Local Governments will be required to adhere to the Web and Mobile Accessibility Rule (Rule) under Title II of the American with Disabilities Act (ADA). As a reminder, Title II of the ADA […]
Act 10 has not been Overturned…Yet
Recently, there has been a lot of discussion about how to prepare for the impending elimination of 2011 Wisconsin Acts 10 and 32 (Act 10) and a return to traditional collective bargaining between unions and municipal employers, including public school districts. However, before taking any immediate actions or making any abrupt changes to compensation, fringe […]
Updated Guidance on Annual Notice Requirements
School districts are required by both state and federal law to provide a range of annual notices, as well as individualized notices to parents in certain circumstances. In May of 2025, the Wisconsin Association of School Boards (WASB) published its revised guidance for State and Federal Annual Notice Requirements: 2025-26 Parent and Student Notices. Below […]