Governor Evers Issues Order Requiring Face Coverings
Governor Tony Evers issued an Emergency Order yesterday, July 30, 2020, requiring that every individual five years of age and older wear a face covering if they are indoors or in an enclosed space, and “[a]nother person or persons who are not members of individual’s household or living unit are present in the same room […]
A School District’s Plans to Start the 2020-2021 School Year Will Impact Special Education
School districts across Wisconsin are contemplating how to begin school for the 2020-2021 school year with the current public health emergency caused by COVID-19. There are essential questions that school districts must answer concerning special education once the district determines whether to start school entirely virtual, entirely in-person, or with a hybrid model that blends […]
Employment Verification (Form I-9) Flexibility Expiring
Federal immigration law requires that all employers in the United States verify both the identity and the employment authorization status of all employees hired after November 1986. This requirement applies to all new hires and, where necessary, requires re-verification of employment authorization in the case of expiring temporary employment authorization (in the case of individuals […]
Can a Claim for Nominal Damages Save an Otherwise Moot Constitutional Challenge?
The United States Supreme Court on July 9, 2020 granted review in a case that raises a procedural question with significant practical implications for the types of constitutional lawsuits often brought against public school districts. The grant of certiorari in Uzuegbunam v. Preczewski (Case No. 19-968) came on the last day of the Court’s term and will […]
United States Court of Appeals for the Fifth Circuit Reviews Current Law Related to Off-Campus Student Speech Under the First Amendment
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 […]
U.S Supreme Court Rules Title VII Sex Discrimination Includes Discrimination Based on Sexual Orientation and Transgender Status
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 […]
Wisconsin Resists Implementation of Title IX Regulations
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 […]
Elementary and Secondary School Emergency Relief Grant Process Revealed by DPI
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. […]
Department of Public Instruction Issues New Guidance on “Additional Services” for Students with Disabilities Due to the Extended School Closure
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 […]
Graduation Time: The Class of 2020
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 […]
