In December 2023, the Wisconsin Assembly introduced Assembly Bill 723 (“AB 723”), which, if passed, will require Wisconsin school districts to conduct competitive bidding procedures for certain expenditures exceeding $150,000.  The Bill was referred to the Committee on Local Government on December 6, 2023, and is awaiting further action. Under current law, “political subdivisions” are…

On November 14, 2023, the Wisconsin State Assembly (Assembly) passed Assembly Bill 223 (Bill).  The Bill offers designated school personnel and certain health care providers, including school nurses, immunity for administering an opioid antagonist to a student or other person in an elementary or secondary school regardless of parental consent.  Opioid antagonists are medications that…

The U.S. Department of Education Office for Civil Rights (OCR) enforces Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681-1688, and its implementing regulations at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of federal financial…

The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against employees or job applicants on the basis of an arrest record or conviction record, subject to certain exceptions. One significant exception involves the substantial relationship test. The Wisconsin Supreme Court interpreted the substantial relationship test in a decision last year, which provides helpful guidance…

The Fair Labor Standards Act (“FLSA”) is a federal law that requires, among other things, that employers compensate employees at a rate of 1.5 times the employee’s regular pay rate for all overtime work performed (generally, all hours beyond 40 hours of work in a workweek). This requirement applies to all compensable overtime hours unless…

On August 30, 2023, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking that, if approved, would increase the number of workers entitled to overtime compensation by more than three million workers.  The proposed rule was published in the Federal Register on September 8, 2023, and is subject to a sixty…

On August 24, 2023, the Department of Education Office for Civil Rights (“OCR”) published a “Dear Colleague” letter to provide federal guidance to schools on how they can develop curricula and engage in activities that promote racially inclusive school communities compliant with Title VI of the Civil Rights Act of 1964 (“Title VI”). To fully…

Earlier this September, the Department of Public Instruction (DPI) issued Special Education Informational Bulletin 23.01 regarding positive behavioral interventions and supports (PBIS) to students with disabilities and the use of functional behavior assessments (FBA).  The new bulletin provides valuable insight into how DPI evaluates school districts’ responses to challenging student behaviors under the Individuals with…

Wisconsin law requires that public school districts report pupil count data to the Department of Public Instruction (DPI) relative to two (2) dates during the school year: (1) the third Friday in September and (2) the second Friday in January.  The data collected is used to determine membership for school finance purposes.  Because the third…