CPI-U and Status of Act 10 Litigation
As the calendar has turned to 2026, two issues of major importance to public sector employers, including cities, villages, school districts, etc., are ripe for an update. CPI-U The Wisconsin Employment Relations Commission has released CPI-U figures that will be applicable to public sector collective bargaining agreements in 2026. For both June 1 and July […]
Wisconsin Passes 2025 Wisconsin Act 57: Parental Notice of Sexual Misconduct
Effective December 10, 2025, the State of Wisconsin enacted 2025 Wisconsin Act 57 (Act 57), placing additional parental notification requirements on school boards, private schools, and charter school operators upon receipt of a “report” that raises reasonable cause to suspect that one of the following three categories of conduct occurred: Parental reporting is limited to […]
Plans to Dismantle the Department of Education Move Forward
In previous Legal Updates, we reviewed the steps taken by the Trump Administration toward dismantling the U.S. Department of Education (DOE), including the March 11, 2025 mass layoffs at the Office for Civil Rights (OCR) and the March 20, 2025 Executive Order directing the Education Secretary to facilitate the closure of the DOE. While the […]
Recent Case Law on Student First Amendment Speech Rights
The Seventh Circuit Court of Appeals (Court), which has jurisdiction in Wisconsin, issued a decision in August 2025 related to student First Amendment speech rights. This article first reviews that decision and then provides reminders related to the varying tests applicable to student speech cases. In E.D. by Duell v. Noblesville Sch. Dist., 151 F.4th […]
Characterizing the Use of School District Property
It is common for school districts to permit the use of school district property by outside individuals, groups, or entities. Questions often arise on how to properly characterize the use, including whether it constitutes a temporary facility use (such as under a facility use agreement or license), or whether the arrangement is intended to be […]
Challenging Race-Based Logos, Mascots, Team Names, and Nicknames in Wisconsin Public Schools
In recent years, the intersection of school district mascots and racial implications has become a topic of discussion between school districts, their constituents, and advocacy groups. This Legal Update will discuss the history of Wisconsin Statute § 118.134 and challenges to “race-based nicknames, logos, mascots, and team names” in Wisconsin. In 2010, then-Governor Jim Doyle […]
𝗛-𝟭𝗕 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 – 𝗗𝗼 𝗻𝗼𝘁 𝗟𝗲𝗮𝘃𝗲 𝘁𝗵𝗲 𝗨𝗻𝗶𝘁𝗲𝗱 𝗦𝘁𝗮𝘁𝗲𝘀
President Trump’s systematic dismantling of the immigration system is now targeting an important program for obtaining foreign national talent, known as the H-1B program. Employers use the program to employ professionals in specialty occupations, which are those that require at least a bachelor’s degree in a specialized field. While ostensibly a protectionist measure for U.S. […]
Responding to Religious-Based Opt-Out Requests
On June 27, 2025, the United States Supreme Court expanded the rights of parents to opt their children out of certain instruction within the school day under the Free Exercise Clause of the First Amendment. See Mahmoud v. Taylor, 145 S. Ct. 2332 (2025). The case began when a Maryland school district introduced books that […]
ADA Web Accessibility Deadlines and Requirements for Local Governments, including School Districts
Among other legal considerations regarding inclusive and equitable practices confronting local governments, including school districts (collectively, “Local Governments”), in the near future Local Governments will be required to adhere to the Web and Mobile Accessibility Rule (Rule) under Title II of the American with Disabilities Act (ADA). As a reminder, Title II of the ADA […]
Act 10 has not been Overturned…Yet
Recently, there has been a lot of discussion about how to prepare for the impending elimination of 2011 Wisconsin Acts 10 and 32 (Act 10) and a return to traditional collective bargaining between unions and municipal employers, including public school districts. However, before taking any immediate actions or making any abrupt changes to compensation, fringe […]