Legal Updates

On March 20, 2023, the Public Records Board (PRB) approved the General Records Schedule for Wisconsin Public School District and Related Records (GRS), replacing the Wisconsin Records Retention Schedule for School Districts (WRRSSD).  The GRS became effective on March 20, 2023, making the WRRSSD outdated, despite its May 2023 expiration. The GRS and the WRRSSD…

When a school district finds itself in the difficult position of having to bar an individual from school district property and/or limit the individual’s communications with staff members to ensure the safety of students and staff, a harassment restraining order may be an option. In a previous legal update, we addressed a school district’s broad…

Part of our goal in preparing legal update articles for our clients is to provide practical guidance on matters relevant to our clients. To public entities, the often-convoluted legal landscape of public records law is one of those topics that, while not always exciting, it is nonetheless important to understand. In that vein, this article…

Wisconsin public school districts have a responsibility to ensure schools are safe places to learn.  Student discipline, including suspensions, often assist school districts in maintaining the safety of the educational environment.  The Wisconsin Constitution guarantees a free public education for children ages 4 through 20, who have not graduated from high school.  Because a disciplinary…

Following the U.S. Supreme Court’s decision in Mahanoy Area School District v. Levy, 141 S.Ct. 2038 (2021), courts have grappled with applying First Amendment freedom of speech law in the context of off campus student speech that implicates potential disciplinary interest relative to the school environment. Mahanoy, often referred to as “the cheerleader case” found…

On February 9, 2023, the US Department of Labor Wage and Hour Division (DOL) issued an opinion concerning whether an employer is required to allow an employee to work a reduced schedule due to a chronic serious health condition under the federal Family and Medical Leave Act (FMLA).  This Legal Update will review the legal…

The posted notice is a requirement that is often overlooked under Wisconsin’s Public Records law.  Wis. Stat. § 19.34(1).  By statute, each public records authority, excluding members of a governmental body, must adopt, prominently display, and make available, a notice providing guidance on its public records procedures.  Many school districts display the notice in their…

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…

The Wisconsin Department of Public Instruction (DPI) recently issued several decisions in which it addressed the legal standards that apply to pupil discrimination complaints under Wis. Stat. § 118.13. These decisions not only serve as a general reminder regarding the duty on the part of a school district to provide a nondiscriminatory educational environment, but…

Wisconsin Schools Professional football fans and others alike, have been gripped by the story of Buffalo Bills defensive back, Damar Hamlin, following his collapse on Monday Night Football. He reportedly suffered cardiac arrest and, because of the immediate and comprehensive medical response, was resuscitated on the field before being taken to a local hospital. As…