A gift consists not in what is done or given but in the intention of the giver or doer -Lucius Annaeus Seneca Unlike the quote above, Wisconsin law regarding gifts to school districts considers both the gift given and the giver’s intention. Both factors impact whether a school district can and will accept a gift…
On May 9, 2022, the United States District Court for the District of Kansas issued a decision concerning the rights of school district employees with respect to transgender student policies. While the decision does not serve as mandatory authority on courts with jurisdiction over Wisconsin school districts, it is likely that courts with jurisdiction over…
On September 27, 2022, the Wisconsin Court of Appeals issued a new decision interpreting a school district’s authority to ban individuals from school district property. Klosterman v. Sch. Dist. of Omro, 2022 WL 4491604. In its decision, the court held that a school board’s broad statutory authority included the authority to ban a former employee…
Wisconsin Statute § 118.019 encourages – but does not require – all school boards to provide students in grades Kindergarten to 12 with human growth and development instruction. The purpose is “to promote accurate and comprehensive knowledge in this area and responsible decision making and to support and enhance the efforts of parents to provide…
When a school district is considering selling real property that is no longer needed for school purposes, the school district has several methods from which to choose. This Legal Update will review several of these options. Importantly, school districts are not required to follow a specific competitive bidding process under state law, though a variation…
As the new school year gets into full swing following the Labor Day weekend, school district officials are working feverishly to assure compliance with the numerous obligations arising out of state and federal law mandates. The volume of notices and disclosures that school districts are required to provide to students, parents, and various state and…
It is well understood that public school districts must keep student records confidential under Wisconsin’s Pupil Records law and the federal Family Educational Rights and Privacy Act of 1974 (“FERPA”).[1] Both laws include exceptions that authorize disclosure without parental consent. One such exception applies to the disclosure of directory data.[2] However, this exception only applies…
Many school districts are still looking to fill vacant positions before the school year begins. As a result, school districts may be considering hiring someone who previously retired from employment in the school district or in another school district. If the potential employee is receiving a Wisconsin Retirement System (WRS) annuity, the school district will…
When school districts hire individuals as coaches who are already serving as employees of those districts, concerns regarding the payment of such employees often arise. Because of those concerns, many school districts avoid such dual-employment relationships unless the coaches also serve as teachers. This Legal Update provides information related to the general requirements of the…
Along with several high-profile cases, the U.S. Supreme Court issued its decision in Kennedy v. Bremerton School District on June 27, 2022. 2022 WL 2295034. Kennedy involved the interplay between a government’s duties under the Establishment Clause and an employee’s right to free speech and free exercise of religion. Facts Kennedy is a devote Christian…