Deadline to Accept or Reject Teacher Contracts
Pursuant to Wisconsin law, a school board must contract in writing with full-time teachers, who are subject to the renewal and non-renewal procedures outlined in Wis. Stat. § 118.22. In a prior legal update, we addressed the definition of a teacher, how the renewal and non-renewal process functions, and the requirements of notice. This article […]
Section 504 and U.S. Department of Education Update
Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination based on disability in programs or activities of entities that receive federal financial assistance. It is an unfunded federal mandate that helps ensure students with disabilities have equal access to educational opportunities. Section 504 is enforced by the Office for Civil Rights (OCR), […]
Wisconsin Supreme Court Clarifies that the Prohibition against Discrimination on the Basis of Arrest Record includes Non-Criminal Offenses
On April 10, 2025, the Wisconsin Supreme Court issued a decision in Oconomowoc Area Sch. Dist. v. Cota, 2025 WI 11, in which it held that the prohibition against discrimination on the basis of arrest record under the Wisconsin Fair Employment Act (WFEA) includes non-criminal offenses. Notably, the Court reversed the Wisconsin Court of Appeals’ […]
DoE Certification Update and Options
Dear School District Leaders, As you are aware, on April 3, 2025, the U.S. Department of Education (“DoE”) sent letters to State Education Agencies (SEAs) requiring them to certify compliance with antidiscrimination obligations in order to continue receiving federal financial assistance. (Press Release and Certification Form) As explained in a Dear Colleague Letter and FAQ issued […]
The Legislature and DPI’s Legal Battle over Act 20 Funding
On April 3, 2025, the Wisconsin Supreme Court heard oral arguments in a case between the Wisconsin State Legislature (Legislature) and the Wisconsin Department of Public Instruction (DPI).[1] The case will effectively decide whether $50 million in funds purportedly dedicated to the 2023 Wis. Act. 20 (Act 20) literacy program requirements should be released to […]
Take a Pause on Department of Education Request for School District Certification of Compliance with Anti-Discrimination Laws
On April 3, 2025, the U.S. Department of Education (“DoE”) published a Press Release communicating that DoE is requesting all K-12 school districts to certify (Certification Form) that they are not engaging in any practices inconsistent with the United States Supreme Court case, Students for Fair Admissions v. Harvard and Title VI’s anti-discrimination requirements (“Certification […]
Wisconsin Teacher Contract Renewal and Non-Renewal Process
In Wisconsin, all teachers employed by a public-school board must have a written employment contract. Wis. Stat. § 118.21. All full-time teacher contracts, and some part-time teacher contracts, are subject to the renewal and non-renewal procedures set forth in Wis. Stat. § 118.22. If a school district seeks to non-renew the contract of a teacher, […]
Wisconsin Ethics Commission: Requesting an Opinion or Filing a Complaint Alleging Code Violations
This legal update will review the processes of requesting an opinion or advice from the Wisconsin Ethics Commission, as well as the steps one needs to take in order to file a complaint alleging violations of the Code of Ethics for Local Public Officials. To review the basics of the Code of Ethics for Local […]
Cell Phone Policies in Wisconsin Schools
According to Pew Research Center: One-third of public K-12 teachers say students being distracted by cell phones is a major problem in their classroom, and another 20% say it’s a minor problem. High school teachers are especially likely to see cell phones as problematic. About seven-in-ten (72%) say that students being distracted by cell phones […]
What You Need to Know About Trump’s Executive Orders and Title IX
In light of the pace in which President Trump is issuing executive orders (EO) and agency directives, those involved in public education are finding it hard to keep up and to understand the import of his actions. The purpose of this legal update is to provide information that school districts need to know about two […]