Wisconsin public school districts have a responsibility to ensure schools are safe places to learn. Student discipline, including suspensions, often assist school districts in maintaining the safety of the educational environment. The Wisconsin Constitution guarantees a free public education for children ages 4 through 20, who have not graduated from high school. Because a disciplinary…
On February 9, 2023, the US Department of Labor Wage and Hour Division (DOL) issued an opinion concerning whether an employer is required to allow an employee to work a reduced schedule due to a chronic serious health condition under the federal Family and Medical Leave Act (FMLA). This Legal Update will review the legal…
Late fall is when school boards often consider their options regarding administrator contracts for the following school year. An administrator employment contract cannot simply be allowed to “run out”; rather, there are specific procedures that must be followed if a school board would like to terminate its relationship with an administrator at the end of…
Many school districts are still looking to fill vacant positions before the school year begins. As a result, school districts may be considering hiring someone who previously retired from employment in the school district or in another school district. If the potential employee is receiving a Wisconsin Retirement System (WRS) annuity, the school district will…
The Wisconsin Statutes establish standards of ethical conduct for all of local public officials, including school board members, school district administrators, and others leading Wisconsin counties, cities, villages, towns, and sewerage and other special districts. This Legal Update will review the legal obligations found in Wisconsin’s Code of Ethics for Local Public Officials (Code). The…
The 2022 spring election resulted in a number of elections decided by only a few votes. Consequently, it is expected that many school districts will be asked to conduct a recount of ballots, which is the exclusive remedy to test in court the right of a candidate to hold office based on the number of…
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…
Parents and others across the State of Wisconsin, who are frustrated with their school board’s decisions regarding COVID-19 protocols, are threatening to pursue the recall of school board members. However, the process of recalling a school board member is not an easy feat. This Legal Update will provide an overview of the laws governing the…
On July 8, 2021, Governor Evers announced line-item vetoes and signed the 2021-23 Wisconsin State Biennial Budget Bill, which allocates taxpayer dollars for the next two fiscal years. This Budget Bill includes a $2 billion income tax cut, reduces property taxes, lifts the UW System’s tuition freeze, restores two-thirds funding for schools, and authorizes infrastructure…
On June 23, 2021, the U.S. Supreme Court issued its decision in Mahanoy Area School District v. B.L, No. 20-255, which serves as a warning to public school districts about disciplining students for online and off-campus speech. The facts of this case are no surprise to school district officials across the country, who have been…