U.S. Supreme Court Ruling on Public Officials Blocking Users on Social Media
On March 15, 2024, the United States Supreme Court (Court), in a unanimous opinion, articulated a two-part test for determining whether a public official acts on behalf of the government (i.e., engages in state action) when blocking an individual’s comments or the individual on the public official’s social media page. See Lindke v. Freed, No. […]
7th Circuit Issues Decision in Case Involving School District’s Gender Identity Guidance
The U.S. Court of Appeals for the Seventh Circuit issued a decision on March 7, 2024, in a case involving a challenge to a school district’s Administrative Guidance for Gender Identity Support, as written. The Court dismissed the case because the plaintiff, a group of parents called “Parents Protecting Our Children” (PPOC), lacked standing to […]
Reminder: School District Obligations to Transport Pupils to Private Schools
School districts are often unsure about their obligations to provide transportation to pupils residing in their districts. In understanding their duties, districts must be aware that their obligations may extend beyond their public schools. In some circumstances, districts must provide transportation to and from private schools, even if the private school is located outside the […]
Municipal Citations Not Covered by Arrest Record Discrimination Law
Wisconsin’s Fair Employment Act (WFEA) contains protections against discrimination on the basis of certain employee characteristics, such as gender, national origin, or disability. The law also protects against discrimination on the basis of employee conduct, such as protections against discrimination for the use or nonuse of lawful products, or discrimination for one’s arrest and conviction […]
The Effective Use of School District Legal Counsel
Public school districts operate in a complex legal context. The actions of school boards and school district officials must comply with a wide array of local, state and federal laws, rules and regulations. School districts, school boards, and school district officials retain lawyers and law firms for a variety of reasons. This Legal Update will […]
Faith at Work: An Overview of Religious Accommodation in the Workplace
On June 29, 2023, the U.S. Supreme Court changed the long-standing standard for the accommodation of an employee’s religious beliefs and practices in the workplace in its decision, Groff v. DeJoy, a case involving a U.S. Postal Service employee, who requested a schedule that did not require him to work on Sundays, as an accommodation […]
Assembly Bill 723 May Require School Districts to Conduct Competitive Bidding
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 […]
Pending Legislation on Opioid Antagonists in Wisconsin’s Schools
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 […]
’Tis the Season To Prepare For Open Enrollment Space Limitation Decisions
Even though the 2023-2024 school year is not yet half over, a critical deadline looms for the 2024-2025 school year. School boards intending to limit the number of open enrollment spaces available in their schools, grades, classes, programs, and services for the 2024-2025 school year must adopt those limitations during a board meeting in January […]
U.S. Department of Education Office for Civil Rights Title IX Compliance Concerns – Equivalent Opportunities for Student Athletes
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 […]
