The Seventh Circuit Court of Appeals Addresses Public Sector Employee Property Rights
The Seventh Circuit Court of Appeals recently decided a case involving the property rights of a former school employee – Concluding that neither the former school employee’s employment contract nor performance improvement plan that he was subject to created a property interest in continued employment. Barkow v. School District of Athens, et al., Case 22-1521 […]
Pupil Discrimination Complaints under Wis. Stat. § 118.13
The Wisconsin Department of Public Instruction (DPI) recently issued several decisions in which it addressed the legal standards that apply to pupil discrimination complaints under Wis. Stat. § 118.13. These decisions not only serve as a general reminder regarding the duty on the part of a school district to provide a nondiscriminatory educational environment, but […]
Implementing Lifesaving Measures Instruction in Schools
Wisconsin Schools Professional football fans and others alike, have been gripped by the story of Buffalo Bills defensive back, Damar Hamlin, following his collapse on Monday Night Football. He reportedly suffered cardiac arrest and, because of the immediate and comprehensive medical response, was resuscitated on the field before being taken to a local hospital. As […]
Court Orders School District to Release Parent Email Addresses
Wisconsin school districts are often posed with the conundrum of balancing the privacy rights of parents with their obligations under the open records law. School districts have often taken the position that the privacy of the parents is of higher public interest than the disclosure of their email addresses pursuant to a public records request, […]
Navigating the Processes and Procedures Concerning Petitions for Small Territory Detachment and Attachment
At this time of the school year, Wisconsin school districts may be receiving school district reorganization petitions. There are four (4) types of school district reorganization governed by Wis. Stat. Ch. 117, including consolidation of two (2) or more school districts, dissolution of a school district, creation of a school district, and the detachment of […]
Administrator Contract Decisions
Late fall is when school boards often consider their options regarding administrator contracts for the following school year. An administrator employment contract cannot simply be allowed to “run out”; rather, there are specific procedures that must be followed if a school board would like to terminate its relationship with an administrator at the end of […]
School Districts Have Much to Consider When Accepting Gifts
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 […]
Employee Religious Rights: Policies on Preferred Names and Pronouns
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 […]
Court Affirms Broad School District Authority to Limit Access to School Property
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 […]
Human Growth and Development Instruction: What Does Wisconsin Law Require?
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 […]
