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…
As new school board members and other municipal officers are taking their oaths, it is a good time for a reminder about the Open Meetings Law and closed sessions. This Legal Update will review some basic, but important, information about governmental body meetings and closed sessions. Every meeting of a governmental body must initially be…
As COVID-19 vaccines are approved and distributed, public school districts must determine whether they will impose any rules governing employees and the COVID-19 vaccine. This Legal Update will review the legal issues surrounding such decisions. This Legal Update will not address the laws governing the administration of the COVID-19 vaccines to students. In December 2020,…
By November 1, 2020, public school districts must report information to the Wisconsin Department of Public Instruction (DPI) regarding the period of school closure (March 18 – June 30, 2020). The report must include information about the delivery of virtual instruction to students during the period of school closure, the meals served to students during…
In accordance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the US Department of Education has established a $30.75 billion Education Stabilization Fund comprised of three separate allocations: (1) a Governor’s Emergency Education Relief Fund, (2) an Elementary and Secondary School Emergency Relief (ESSER) Fund, and (3) a Higher Education Emergency Relief Fund….