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 […]
Arrest and Conviction Record Discrimination and the Substantial Relationship Test
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 […]
Remote Work and the FLSA – A Perilous Combination
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 […]
A Proposed Federal Rule May Result in Employers Paying Overtime Compensation to More Employees in the Future
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 […]
Race-Based Programs in the Post-Affirmative Action Era
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 […]
