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…
Department of Public Instruction Issues New Special Education Informational Bulletin
- September 19, 2023
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…
Department of Education Proposes Rule Changes Regarding Parental Consent to Bill Medicaid for IDEA Services
- May 30, 2023
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…
Don’t Forget to Review Your Public Records Notice
- February 21, 2023
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…
U.S. Supreme Court Clarifies Establishment Clause Precedent While Affirming Employee’s Free Exercise and Free Speech Claim
- July 12, 2022
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…
Student Expulsion Procedure Reminder
- November 16, 2021
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…
Centers for Disease Control Issues New Guidance for Schools on COVID-19 Case Investigation and Contact Tracing
- August 10, 2021
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…
American Rescue Plan Act of 2021 Provides Additional Funding to Assist Students Most Impacted by COVID-19
- March 23, 2021
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…