Student discipline issues can be challenging for school districts, even at the start of a new school year. When issuing discipline, districts must adhere to prescriptive procedural requirements in state and federal laws, to ensure students receive due process. As the Department of Public Instruction continues to scrutinize district disciplinary actions, it is important for…
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…
Even though the 2023-2024 school year is not yet half over, a critical deadline looms for the 2024-2025 school year. School boards intending to limit the number of open enrollment spaces available in their schools, grades, classes, programs, and services for the 2024-2025 school year must adopt those limitations during a board meeting in January…
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…
On September 27, 2022, the Wisconsin Court of Appeals issued a new decision interpreting a school district’s authority to ban individuals from school district property. Klosterman v. Sch. Dist. of Omro, 2022 WL 4491604. In its decision, the court held that a school board’s broad statutory authority included the authority to ban a former employee…
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…
The U.S Supreme Court recently granted a petition for certiorari to review a Ninth Circuit Court of Appeals decision regarding employee free speech in Kennedy v. Bremerton School District, 142 S.Ct. 857 (Jan. 14, 2022). This case raises several first amendment constitutional questions regarding the intersection of employees’ rights to free speech and free exercise…
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…