The federal District Court for the Northern District of California has issued a preliminary injunction temporarily prohibiting enforcement of the Department of Education’s (DOE) rules for how public-school districts are to distribute Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funds to private schools. State of Michigan v. Betsy Devos, No. 20-4478, 2020 WL 5074397…
In a decision dated August 3, 2020, the federal court for the Southern District of New York held that the Department of Labor (DOL) exceeded its authority in aspects of its regulations implementing the Families First Coronavirus Response Act (FFCRA). The Court’s decision in State of New York v. United States Department of Labor, 2020…
Governor Tony Evers issued an Emergency Order yesterday, July 30, 2020, requiring that every individual five years of age and older wear a face covering if they are indoors or in an enclosed space, and “[a]nother person or persons who are not members of individual’s household or living unit are present in the same room…
The United States Supreme Court on July 9, 2020 granted review in a case that raises a procedural question with significant practical implications for the types of constitutional lawsuits often brought against public school districts. The grant of certiorari in Uzuegbunam v. Preczewski (Case No. 19-968) came on the last day of the Court’s term and will…
It is difficult to name a subject concerning our public schools that has been more emotional or ignited greater controversy than graduation ceremonies for the Class of 2020. The COVID-19 pandemic has transformed what is traditionally a time of celebration and recognition for graduating seniors into a battleground of conflicting and deeply held convictions. School…
The Wisconsin Supreme Court has struck down the “Safer at Home” Order (Emergency Order #28) (“Order”) issued by Secretary-Designee of the Department of Health Services, Andrea Palm, at the direction of Governor Tony Evers. In a 4-3 decision accompanied by several concurring and dissenting opinions, the Court’s majority concluded that the Order was “unlawful, invalid,…
Wisconsin’s recent emergency orders signal that the process of re-opening the state’s economy after the COVID-19 public health emergency is starting, but slowly. With some businesses starting to reopen, and other businesses continuing operations to the extent permitted, many employers are utilizing personal protective equipment (PPE), signage and other social distance control measures to help…
On April 21, 2020, the Wisconsin Interscholastic Athletic Association (WIAA) Board of Control voted to cancel the 2020 spring sports regular season and tournament competitions. While this news did not come as a surprise, in light of the COVID-19 pandemic and Wisconsin’s Safer-at-Home Order, the WIAA’s decision does not make this most recent development any…
On April 15, 2020, Governor Evers signed into law 2019 Wisconsin Act 185 (“Act 185”). Many of Act 185’s provisions aim to take advantage of and/or facilitate the various enactments of the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). In addition to Act 185’s provisions affecting Wisconsin school districts, which were thoroughly…
With the spring election of school board members completed, school boards must now focus on the school board organizational meeting for purposes of electing officers. This Legal Update provides a review of the laws governing that organizational meeting, and addresses some of the concerns about accomplishing the organizational meeting tasks when one or more school board…