Legal Updates

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…

Wisconsin’s recent emergency orders signal that the process of re-opening the state’s economy after the COVID-19 public health emergency is starting, but slowly.  With some businesses starting to reopen, and other businesses continuing operations to the extent permitted, many employers are utilizing personal protective equipment (PPE), signage and other social distance control measures to help…

On April 21, 2020, the Wisconsin Interscholastic Athletic Association (WIAA) Board of Control voted to cancel the 2020 spring sports regular season and tournament competitions.  While this news did not come as a surprise, in light of the COVID-19 pandemic and Wisconsin’s Safer-at-Home Order, the WIAA’s decision does not make this most recent development any…

On April 15, 2020, Governor Evers signed into law 2019 Wisconsin Act 185 (“Act 185”). Many of Act 185’s provisions aim to take advantage of and/or facilitate the various enactments of the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). In addition to Act 185’s provisions affecting Wisconsin school districts, which were thoroughly…

With public school districts closed for purposes of in-person pupil instruction and extra-curricular activities for the remainder of the school year, many school districts are considering moving up construction and building maintenance projects that were previously scheduled to commence in the summer. In addition, some school districts had already commenced construction and building maintenance projects…

With the spring election of school board members completed, school boards must now focus on the school board organizational meeting for purposes of electing officers.  This Legal Update provides a review of the laws governing that organizational meeting, and addresses some of the concerns about accomplishing the organizational meeting tasks when one or more school board…

Governor Tony Evers signed 2019 Wisconsin Act 185 (“Act 185” or “the Act”) into law on April 15, 2020. The Act produced a series of statutory changes concerning the COVID-19 pandemic and its impact on Wisconsin school districts. Nonstatutory Provisions On April 16, 2020, the Department of Public Instruction (“DPI” or “the Department”) emailed Wisconsin…

To say that this school year has presented educators with unique and complex challenges may be the understatement of the century. Governor Evers’ revised Safer at Home Order, including the school closure component, made official what most have expected would be the case – school is closed for the “remainder of the 2019-2020 school year”….