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 […]
Utilizing Virtual Instruction and Remote Learning Programs During Extended School Closures Due to COVID-19 Pandemic
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 […]
New Title IX Regulations Create Sweeping Changes for School Districts’ Responses to Sexual Harassment Complaints and Investigations
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, […]
Wisconsin Supreme Court Strikes Down “Safer at Home” Order
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, […]
Secretary DeVos Files Report to Congress, Recommending Against Authorizing Waivers for IDEA Core Principles
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 […]
Legal Issues Involved with Protective Gear in the Workplace
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 […]
WIAA Cancels Spring Sports Season but Extends Opportunities Into Summer
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 […]
2019 Wisconsin Act 185: Provisions that Affect Public and Private Employers
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 […]
School Construction and Building Maintenance Projects During the COVID-19 Pandemic
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 […]
School Board Organizational Meetings
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 […]
