Legal Updates

At a time when technology and social media use among students is pervasive, school districts are often faced with issues regarding the contours of regulating off-campus student speech.  To date, the United States Supreme Court has not directly ruled on the limits of school districts’ authority to impose discipline for student speech that occurs outside…

On June 15, 2020, the United States Supreme Court (“Court”) decided three (3) cases filed under Title VII of the Civil Rights Act of 1964 (“Title VII”) alleging sex discrimination based on the employees’ sexual orientation or transgender status. Bostock v. Clayton Cty., Georgia, No. 17-1618, 2020 WL 3146686. The Court concluded that discrimination because an…

On May 19, 2020, in a previous article, we reported on the U.S. Federal Department of Education’s new Title IX regulations, which were released on May 6. 2020, and which impose formal requirements on the investigation process and complaint adjudication starting on August 14, 2020. In an effort to halt implementation of the new regulations, Wisconsin Attorney…

In accordance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the US Department of Education has established a $30.75 billion Education Stabilization Fund comprised of three separate allocations: (1) a Governor’s Emergency Education Relief Fund, (2) an Elementary and Secondary School Emergency Relief (ESSER) Fund, and (3) a Higher Education Emergency Relief Fund….

On May 29, 2020, the Department of Public Instruction (“DPI”) issued new guidance on how school districts must address the impact of the extended school closures due to COVID-19 on students with disabilities. The new guidance refers to the services provided by school districts to address students’ lack of access to special education and related…

It is difficult to name a subject concerning our public schools that has been more emotional or ignited greater controversy than graduation ceremonies for the Class of 2020. The COVID-19 pandemic has transformed what is traditionally a time of celebration and recognition for graduating seniors into a battleground of conflicting and deeply held convictions. School…

The Wisconsin Department of Health Services (DHS) initially ordered all public and private schools closed from March 18, 2020, through April 6, 2020, due to the health emergency caused by COVID-19. DHS extended the school closures on March 17, 2020, for the “duration of the health emergency or until a subsequent order lifts this specific…

On May 6, 2020, the U.S. Department of Education (“the Department”) issued new final regulations under Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. The new regulations, which make sweeping changes to the existing Title IX regulations,…

The Wisconsin Supreme Court has struck down the “Safer at Home” Order (Emergency Order #28) (“Order”) issued by Secretary-Designee of the Department of Health Services, Andrea Palm, at the direction of Governor Tony Evers. In a 4-3 decision accompanied by several concurring and dissenting opinions, the Court’s majority concluded that the Order was “unlawful, invalid,…

Within the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), Congress requested a report from U.S. Education Secretary Betsy DeVos on recommended waiver authority for the Department of Education to provide State and local educational agencies flexibility to meet the needs of students with disabilities during the public health emergency.  Secretary DeVos issued the…