Legal Updates

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…

On June 15, 2022, in N.J. and A.L v. Sonnabend and Bestor, Case No. 21-1959 (7th Cir. June 15, 2022), the United States Court of Appeals for the Seventh Circuit issued an important decision concerning the ability of school officials to restrict the First Amendment rights of students as to speech and expression. The First…

Private and public sector clients often inquire about their obligations, if any, to provide a written real estate condition report when selling real estate. Under Wisconsin law, the obligation of a seller to provide a real estate condition report applies to the sale of real estate involving one to four dwelling units and the sale…

It is not uncommon for students’ parents to try and put school districts and their staff in the middle of custody and other parental disputes. These situations are often uncomfortable for school officials and can threaten the school’s relationship with the students involved. School staff are trained to educate, not to navigate family disputes and…