Legal Updates

Employers may be required to provide paid military leave for employees serving in the armed forces.  This was the holding in White v. United Airlines, Inc., a recent case decided by the United States Court of Appeals for the Seventh Circuit. In 1994, Congress enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA) which…

The Office of School Safety (OSS) within the Wisconsin Department of Justice, a vital statewide resource dedicated to maintaining the safety of schools, faces potential budget cuts that could impact its operations and effectiveness. Wisconsin’s Attorney General, Josh Kaul, had requested $2.2 million and 16 full-time positions to support the OSS, an initiative that started…

When reviewing expulsion appeals, the Wisconsin Department of Public Instruction (“DPI”) had historically taken the approach that a school board was in the best position to know and understand what its community required as a response to school misconduct.  Consistent with that philosophy, the DPI maintained that it was inappropriate to second-guess the school board’s…

On May 18, 2023, the Department of Education (“DOE”) issued a notice of proposed rulemaking and invited public comment on regulatory changes that could make it easier for school districts to access a student’s public benefits or insurance, such as Medicaid, to pay for services under the Individuals with Disabilities Education Act (“IDEA”).  Assistance to…

On March 20, 2023, the Public Records Board (PRB) approved the General Records Schedule for Wisconsin Public School District and Related Records (GRS), replacing the Wisconsin Records Retention Schedule for School Districts (WRRSSD).  The GRS became effective on March 20, 2023, making the WRRSSD outdated, despite its May 2023 expiration. The GRS and the WRRSSD…

When a school district finds itself in the difficult position of having to bar an individual from school district property and/or limit the individual’s communications with staff members to ensure the safety of students and staff, a harassment restraining order may be an option. In a previous legal update, we addressed a school district’s broad…

Part of our goal in preparing legal update articles for our clients is to provide practical guidance on matters relevant to our clients. To public entities, the often-convoluted legal landscape of public records law is one of those topics that, while not always exciting, it is nonetheless important to understand. In that vein, this article…

Wisconsin public school districts have a responsibility to ensure schools are safe places to learn.  Student discipline, including suspensions, often assist school districts in maintaining the safety of the educational environment.  The Wisconsin Constitution guarantees a free public education for children ages 4 through 20, who have not graduated from high school.  Because a disciplinary…

Following the U.S. Supreme Court’s decision in Mahanoy Area School District v. Levy, 141 S.Ct. 2038 (2021), courts have grappled with applying First Amendment freedom of speech law in the context of off campus student speech that implicates potential disciplinary interest relative to the school environment. Mahanoy, often referred to as “the cheerleader case” found…

On February 9, 2023, the US Department of Labor Wage and Hour Division (DOL) issued an opinion concerning whether an employer is required to allow an employee to work a reduced schedule due to a chronic serious health condition under the federal Family and Medical Leave Act (FMLA).  This Legal Update will review the legal…