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, […]
Wisconsin Ethics Commission: Requesting an Opinion or Filing a Complaint Alleging Code Violations
This legal update will review the processes of requesting an opinion or advice from the Wisconsin Ethics Commission, as well as the steps one needs to take in order to file a complaint alleging violations of the Code of Ethics for Local Public Officials. To review the basics of the Code of Ethics for Local […]
Obligation of School Districts and Municipalities to Indemnify Their Employees and Officials
In Wisconsin, municipalities, including school districts have a legal obligation to ensure that their employees and officials are protected from personal financial loss while acting within the scope of their official duties. This protection, called indemnification, extends to both damages and legal defense costs. This legal update will review the scope of the indemnification obligations, […]
Cell Phone Policies in Wisconsin Schools
According to Pew Research Center: One-third of public K-12 teachers say students being distracted by cell phones is a major problem in their classroom, and another 20% say it’s a minor problem. High school teachers are especially likely to see cell phones as problematic. About seven-in-ten (72%) say that students being distracted by cell phones […]
What You Need to Know About Trump’s Executive Orders and Title IX
In light of the pace in which President Trump is issuing executive orders (EO) and agency directives, those involved in public education are finding it hard to keep up and to understand the import of his actions. The purpose of this legal update is to provide information that school districts need to know about two […]
Clarification on Executive Order Concerning Foreign National Registration
Within the barrage of initiatives, goals, policy statements, directives to agencies, and various other Trump Administration actions regarding immigration, is the reinvigoration of the long-standing Alien Registration requirements. This alert is intended to clarify the scope of this requirement where possible but also note the uncertainty of its scope in other circumstances. Executive Order – […]
Federal Immigration Enforcement in Schools
As the second Trump Administration takes office, we have been treated with an instant flood of Executive Orders addressing, among other things, the administration’s immigration enforcement initiatives. Primarily, these enforcement initiatives target border security and border crossings, undocumented individuals with criminal convictions or with prior removal orders. One measure that has captured the attention of […]
