Referendum Advocacy: What Can School Districts/School District Officials Do?
A number of Wisconsin school districts are preparing for referendum elections as part of the November 2024 general election. Inasmuch as school districts have significant interest in the outcome of their referendum election, we are regularly asked to weigh in as to what extent school districts, school board members, school district administrators, and school district […]
The Wisconsin Interscholastic Athletic Association (WIAA) Improperly Applied Its Eligibility and Appeal Rules in an Arbitrary, Oppressive or Unreasonable Manner and as an Exercise of Its Will, Not Its Judgment
On February 28, 2024, in Halter v. Wisconsin Interscholastic Athletic Association, the Wisconsin Court of Appeals concluded: (1) the WIAA is a state actor and, therefore, subject to judicial review to determine whether it acted in accord with its rules and regulations and in applying its rules in a nonarbitrary manner; (2) the WIAA applied […]
U.S. Department of Education Office for Civil Rights Title IX Compliance Concerns – Equivalent Opportunities for Student Athletes
The U.S. Department of Education Office for Civil Rights (OCR) enforces Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681-1688, and its implementing regulations at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of federal financial […]
CAUTION: DPI Expulsion Hearing Appeals
When reviewing expulsion appeals, the Wisconsin Department of Public Instruction (“DPI”) had historically taken the approach that a school board was in the best position to know and understand what its community required as a response to school misconduct. Consistent with that philosophy, the DPI maintained that it was inappropriate to second-guess the school board’s […]
The Seventh Circuit Court of Appeals Addresses Public Sector Employee Property Rights
The Seventh Circuit Court of Appeals recently decided a case involving the property rights of a former school employee – Concluding that neither the former school employee’s employment contract nor performance improvement plan that he was subject to created a property interest in continued employment. Barkow v. School District of Athens, et al., Case 22-1521 […]
Human Growth and Development Instruction: What Does Wisconsin Law Require?
Wisconsin Statute § 118.019 encourages – but does not require – all school boards to provide students in grades Kindergarten to 12 with human growth and development instruction. The purpose is “to promote accurate and comprehensive knowledge in this area and responsible decision making and to support and enhance the efforts of parents to provide […]
Federal Judge Must Re-Evaluate Student Ban on T-Shirts with Gun Images
On June 15, 2022, in N.J. and A.L v. Sonnabend and Bestor, Case No. 21-1959 (7th Cir. June 15, 2022), the United States Court of Appeals for the Seventh Circuit issued an important decision concerning the ability of school officials to restrict the First Amendment rights of students as to speech and expression. The First […]
The Ability of a Governing Body to Publicly Censure / Reprimand Members of the Governing Body
On March 24, 2022, the United States Supreme Court issued a unanimous Decision in Houston Community College System v. Wilson, 595 U.S. ___ (2022) – Addressing whether the Houston Community College System Board of Trustees (the “Board”) violated Trustee David Wilson’s (“Wilson”) First Amendment rights by censuring him. The Houston Community College System is a […]
The Public Has a Strong Interest in Obtaining Information about Its Public Officials
Wisconsin’s pubic records law provides that “all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them.” Wis. Stat. § 19.31. Accordingly, “[t]he denial of public access generally is contrary to the public interest, and only in an exceptional case […]
United States District Court Addresses School District’s Duty to Provide Religious Accommodations
On July 12, 2021, the United States District Court Southern District of Indiana, awarded summary judgment to the Brownsburg Community School Corporation, dismissing a former teacher’s religious discrimination claim under Title VII of the Civil Rights Act. Kluge v. Brownsburg Community School Corporation, 2021 WL 2915023 (S.D. Ind., 2021). This Legal Update will review the […]
