Annual Recertification Election Reminders for School Districts
The Wisconsin Employment Relations Commission (WERC) balloting period for school districts’ annual recertification elections opens at 12:00 PM CST on November 7, 2024, and closes at 12:00 PM CST on November 27, 2024. The annual recertification election requirements arose out of Act 10. Prior to Act 10, a representative for purposes of collective bargaining remained […]
Title IX Unofficial Regulations
The United States Department of Education (DOE) released the long-awaited final version of the regulations for Title IX of the Education Amendments of 1972 (Title IX), which will go into effect on August 1, 2024. Title IX prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. Although these new […]
School Board Organizational Meetings
Now that the spring election of school board members has occurred, school boards that have not already held their annual school board organizational meetings must concentrate on complying with requirements for such meetings. At those meetings, school boards elect officers but may also conduct additional business (e.g., appointing a WASB delegate, appointing committee members, and […]
U.S. Supreme Court Ruling on Public Officials Blocking Users on Social Media
On March 15, 2024, the United States Supreme Court (Court), in a unanimous opinion, articulated a two-part test for determining whether a public official acts on behalf of the government (i.e., engages in state action) when blocking an individual’s comments or the individual on the public official’s social media page. See Lindke v. Freed, No. […]
Pending Legislation on Opioid Antagonists in Wisconsin’s Schools
On November 14, 2023, the Wisconsin State Assembly (Assembly) passed Assembly Bill 223 (Bill). The Bill offers designated school personnel and certain health care providers, including school nurses, immunity for administering an opioid antagonist to a student or other person in an elementary or secondary school regardless of parental consent. Opioid antagonists are medications that […]
Third Friday in September Pupil Count Reminder
Wisconsin law requires that public school districts report pupil count data to the Department of Public Instruction (DPI) relative to two (2) dates during the school year: (1) the third Friday in September and (2) the second Friday in January. The data collected is used to determine membership for school finance purposes. Because the third […]
Navigating Records Retention Changes – Understanding and Adopting the General Records Schedule for Wisconsin Public School District and Related Records
On March 20, 2023, the Public Records Board (PRB) approved the General Records Schedule for Wisconsin Public School District and Related Records (GRS), replacing the Wisconsin Records Retention Schedule for School Districts (WRRSSD). The GRS became effective on March 20, 2023, making the WRRSSD outdated, despite its May 2023 expiration. The GRS and the WRRSSD […]
Navigating the Processes and Procedures Concerning Petitions for Small Territory Detachment and Attachment
At this time of the school year, Wisconsin school districts may be receiving school district reorganization petitions. There are four (4) types of school district reorganization governed by Wis. Stat. Ch. 117, including consolidation of two (2) or more school districts, dissolution of a school district, creation of a school district, and the detachment of […]
Employee Religious Rights: Policies on Preferred Names and Pronouns
On May 9, 2022, the United States District Court for the District of Kansas issued a decision concerning the rights of school district employees with respect to transgender student policies. While the decision does not serve as mandatory authority on courts with jurisdiction over Wisconsin school districts, it is likely that courts with jurisdiction over […]
The Fair Labor Standards Act (FLSA) and Coaches
When school districts hire individuals as coaches who are already serving as employees of those districts, concerns regarding the payment of such employees often arise. Because of those concerns, many school districts avoid such dual-employment relationships unless the coaches also serve as teachers. This Legal Update provides information related to the general requirements of the […]
