Federal Courts Enjoin DoE’s DEI Certification Requirement
On April 24, 2025, three federal courts enjoined the Department of Education (“DoE”) from enforcing three recent DoE publications: (1) a Dear Colleague Letter published on February 14, 2025; (2) an FAQ guidance document published on March 1, 2025; and (3) a certification requirement for all local education agencies to certify compliance with federal antidiscrimination […]
Wisconsin Supreme Court Clarifies that the Prohibition against Discrimination on the Basis of Arrest Record includes Non-Criminal Offenses
On April 10, 2025, the Wisconsin Supreme Court issued a decision in Oconomowoc Area Sch. Dist. v. Cota, 2025 WI 11, in which it held that the prohibition against discrimination on the basis of arrest record under the Wisconsin Fair Employment Act (WFEA) includes non-criminal offenses. Notably, the Court reversed the Wisconsin Court of Appeals’ […]
DoE Certification Update and Options
Dear School District Leaders, As you are aware, on April 3, 2025, the U.S. Department of Education (“DoE”) sent letters to State Education Agencies (SEAs) requiring them to certify compliance with antidiscrimination obligations in order to continue receiving federal financial assistance. (Press Release and Certification Form) As explained in a Dear Colleague Letter and FAQ issued […]
The Legislature and DPI’s Legal Battle over Act 20 Funding
On April 3, 2025, the Wisconsin Supreme Court heard oral arguments in a case between the Wisconsin State Legislature (Legislature) and the Wisconsin Department of Public Instruction (DPI).[1] The case will effectively decide whether $50 million in funds purportedly dedicated to the 2023 Wis. Act. 20 (Act 20) literacy program requirements should be released to […]
Take a Pause on Department of Education Request for School District Certification of Compliance with Anti-Discrimination Laws
On April 3, 2025, the U.S. Department of Education (“DoE”) published a Press Release communicating that DoE is requesting all K-12 school districts to certify (Certification Form) that they are not engaging in any practices inconsistent with the United States Supreme Court case, Students for Fair Admissions v. Harvard and Title VI’s anti-discrimination requirements (“Certification […]
Wisconsin Teacher Contract Renewal and Non-Renewal Process
In Wisconsin, all teachers employed by a public-school board must have a written employment contract. Wis. Stat. § 118.21. All full-time teacher contracts, and some part-time teacher contracts, are subject to the renewal and non-renewal procedures set forth in Wis. Stat. § 118.22. If a school district seeks to non-renew the contract of a teacher, […]
