Earlier this September, the Department of Public Instruction (DPI) issued Special Education Informational Bulletin 23.01 regarding positive behavioral interventions and supports (PBIS) to students with disabilities and the use of functional behavior assessments (FBA).  The new bulletin provides valuable insight into how DPI evaluates school districts’ responses to challenging student behaviors under the Individuals with…

On May 18, 2023, the Department of Education (“DOE”) issued a notice of proposed rulemaking and invited public comment on regulatory changes that could make it easier for school districts to access a student’s public benefits or insurance, such as Medicaid, to pay for services under the Individuals with Disabilities Education Act (“IDEA”).  Assistance to…

The posted notice is a requirement that is often overlooked under Wisconsin’s Public Records law.  Wis. Stat. § 19.34(1).  By statute, each public records authority, excluding members of a governmental body, must adopt, prominently display, and make available, a notice providing guidance on its public records procedures.  Many school districts display the notice in their…

Along with several high-profile cases, the U.S. Supreme Court issued its decision in Kennedy v. Bremerton School District on June 27, 2022.  2022 WL 2295034.  Kennedy involved the interplay between a government’s duties under the Establishment Clause and an employee’s right to free speech and free exercise of religion. Facts Kennedy is a devote Christian…

Already during the 2021-2022 school year, students’ return to regular in-person instruction from hybrid and virtual instructional programming seems to have increased the incidence of student misconduct leading to expulsion.  As a result, we are using this Legal Update to provide a refresher on some of the necessary student expulsion procedures for school district administrators…

With the calendar turning to August, school districts across Wisconsin are gearing up for another school year impacted by COVID-19.  The Centers for Disease Control (CDC) caused a stir at the end of July when it issued new guidance recommending that students return to fully in-person learning this Fall and that all students, staff, and…

Much of the media coverage and discussion of President Joe Biden’s American Rescue Plan Act (ARPA) has focused on stimulus checks and employee paid-leave provisions.  However, ARPA also included several other significant provisions that affect public school districts and their special education programs.  ARPA allocated nearly $123 billion to a new Elementary and Secondary Schools…