U.S. Supreme Court Decides Standard for Money Damages Under Section 504
The United States Supreme Court recently decided a case in which the parents alleged that a school district discriminated against their child with a disability under Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act (ADA). The Court ruled in favor of the parents and […]
U.S. Supreme Court Establishes Reverse Employment Discrimination Standard
In a rare unanimous decision on June 5, 2025, the United States Supreme Court (Supreme Court) resolved a split among federal circuits in Ames v. Ohio Department of Youth Services, No. 23-1039 (June 5, 2025), by concluding that Title VII of the Civil Rights Act of 1964 (Title VII) protects “any individual” from employment discrimination […]
Potential Cybersecurity Concerns Arising out of a Sunlight Report Warning
On Tuesday, June 3,2025, the “Sunlight Report,” a self-described independent civic watchdog, requested notice of public meetings under Wis. Stat. § 19.84(1)(b) for governmental bodies across the state of Wisconsin, including school boards, villages, towns, and other municipalities. Yesterday, we learned that the League of Wisconsin Municipalities notified its members that the Sunlight Report recently […]
DPI Publishes Guidance on High School Crime Reporting Requirement
Section 118.124 of the Wisconsin Statutes, passed in 2023 and now first effective for the 2024-2025 school year, imposes a crime reporting requirement for Wisconsin high schools, operated by public school districts, including charter schools, and all private high schools participating in select Parental Choice programs. Guidance issued by the Wisconsin Department of Public Instruction […]
Court Blocks Trump Administration’s Efforts to Dismantle the DoE
In a previous Legal Update, 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. In […]
Deadline to Accept or Reject Teacher Contracts
Pursuant to Wisconsin law, a school board must contract in writing with full-time teachers, who are subject to the renewal and non-renewal procedures outlined in Wis. Stat. § 118.22. In a prior legal update, we addressed the definition of a teacher, how the renewal and non-renewal process functions, and the requirements of notice. This article […]
Section 504 and U.S. Department of Education Update
Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination based on disability in programs or activities of entities that receive federal financial assistance. It is an unfunded federal mandate that helps ensure students with disabilities have equal access to educational opportunities. Section 504 is enforced by the Office for Civil Rights (OCR), […]
Wisconsin Supreme Court Clarifies that the Prohibition against Discrimination on the Basis of Arrest Record includes Non-Criminal Offenses
On April 10, 2025, the Wisconsin Supreme Court issued a decision in Oconomowoc Area Sch. Dist. v. Cota, 2025 WI 11, in which it held that the prohibition against discrimination on the basis of arrest record under the Wisconsin Fair Employment Act (WFEA) includes non-criminal offenses. Notably, the Court reversed the Wisconsin Court of Appeals’ […]
DoE Certification Update and Options
Dear School District Leaders, As you are aware, on April 3, 2025, the U.S. Department of Education (“DoE”) sent letters to State Education Agencies (SEAs) requiring them to certify compliance with antidiscrimination obligations in order to continue receiving federal financial assistance. (Press Release and Certification Form) As explained in a Dear Colleague Letter and FAQ issued […]
The Legislature and DPI’s Legal Battle over Act 20 Funding
On April 3, 2025, the Wisconsin Supreme Court heard oral arguments in a case between the Wisconsin State Legislature (Legislature) and the Wisconsin Department of Public Instruction (DPI).[1] The case will effectively decide whether $50 million in funds purportedly dedicated to the 2023 Wis. Act. 20 (Act 20) literacy program requirements should be released to […]
