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 […]
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 […]
Federal Court Invalidates DOL’s 2024 Overtime Rule
On November 15, 2024, the United States District Court for the Eastern District of Texas issued a decision, in Plano Chamber of Commerce v. United States Department of Labor, which set aside and vacated the Fair Labor Standards Act (FLSA) regulations that substantially increased the minimum weekly salary for employees to qualify as exempt from […]
Wisconsin School District Employee Sues for Defamation
On May 30, 2024, a Wisconsin Court of Appeals granted a petition for appeal in Johnson v. MacCudden, a Milwaukee County case involving claims of defamation against Scarlett Johnson, a self-proclaimed local parents’ rights activist and member of Moms for Liberty. Ms. Johnson allegedly posted various statements criticizing her local school district and an individual, […]
The Effective Use of School District Legal Counsel
Public school districts operate in a complex legal context. The actions of school boards and school district officials must comply with a wide array of local, state and federal laws, rules and regulations. School districts, school boards, and school district officials retain lawyers and law firms for a variety of reasons. This Legal Update will […]
Assembly Bill 723 May Require School Districts to Conduct Competitive Bidding
In December 2023, the Wisconsin Assembly introduced Assembly Bill 723 (“AB 723”), which, if passed, will require Wisconsin school districts to conduct competitive bidding procedures for certain expenditures exceeding $150,000. The Bill was referred to the Committee on Local Government on December 6, 2023, and is awaiting further action. Under current law, “political subdivisions” are […]
A Proposed Federal Rule May Result in Employers Paying Overtime Compensation to More Employees in the Future
On August 30, 2023, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking that, if approved, would increase the number of workers entitled to overtime compensation by more than three million workers. The proposed rule was published in the Federal Register on September 8, 2023, and is subject to a sixty […]
Race-Based Programs in the Post-Affirmative Action Era
On August 24, 2023, the Department of Education Office for Civil Rights (“OCR”) published a “Dear Colleague” letter to provide federal guidance to schools on how they can develop curricula and engage in activities that promote racially inclusive school communities compliant with Title VI of the Civil Rights Act of 1964 (“Title VI”). To fully […]
Public Entities Will Likely Need to Increase Website and Other Application Accessibility Issues for People with Disabilities
On August 4, 2023, the United States Department of Justice (DOJ) notified the public of the intent to amend Title II of the Americans with Disabilities Act (ADA). The proposed amendments aim at ensuring website and application (app) content made available by public entities to provide services and programs is accessible to and usable by […]
Employers May be Required to Provide Paid Military Leave to Employees
Employers may be required to provide paid military leave for employees serving in the armed forces. This was the holding in White v. United Airlines, Inc., a recent case decided by the United States Court of Appeals for the Seventh Circuit. In 1994, Congress enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA) which […]
