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 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…
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…
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…
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…
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…
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…
A student is struggling as to when, with whom and to what extent to share the student’s gender identity. The student finally discloses this information to a staff member, requests that the staff member and others refer to the student by a different name and/or pronouns, but requests that this information not be shared with…
Organized labor has renewed its efforts at the state and federal level to expand various labor protections related to employees’ rights to organize and collectively bargain in the workplace. House and Senate Democrats introduced the Protecting the Right to Organize Act (PRO Act) on February 4, 2021 (the House previously passed the PRO Act in…
Absent an Order from the Governor or Department of Health Services closing schools, school districts may provide in-person instruction so long as they deem it safe to do so. The issue for those school districts electing to provide in-person instruction is ensuring employee safety and health (as well as student safety and health). In light…