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 […]
Department of Public Instruction Issues New Special Education Informational Bulletin
Earlier this September, the Department of Public Instruction (DPI) issued Special Education Informational Bulletin 23.01 regarding positive behavioral interventions and supports (PBIS) to students with disabilities and the use of functional behavior assessments (FBA). The new bulletin provides valuable insight into how DPI evaluates school districts’ responses to challenging student behaviors under the Individuals with […]
Third Friday in September Pupil Count Reminder
Wisconsin law requires that public school districts report pupil count data to the Department of Public Instruction (DPI) relative to two (2) dates during the school year: (1) the third Friday in September and (2) the second Friday in January. The data collected is used to determine membership for school finance purposes. Because the third […]
Public Entities Will Likely Need to Increase Website and Other Application Accessibility Issues for People with Disabilities
On August 4, 2023, the United States Department of Justice (DOJ) notified the public of the intent to amend Title II of the Americans with Disabilities Act (ADA). The proposed amendments aim at ensuring website and application (app) content made available by public entities to provide services and programs is accessible to and usable by […]
General Tips to Testifying as a Witness
We often assist clients with reviewing subpoenas, whether for testimony, to produce documents, or both. In this litigious world that we live in, it is possible that you and your staff may become involved in civil litigation or administrative processes, which may require you to testify as a witness at a deposition, hearing, or trial. […]
2023-2025 Biennial Budget Update
After each biennial state budget has been adopted, we have provided a discussion of items contained within that budget that is of interest to our clients. In some previous budget cycles, the budget has contained significant policy components along with financial appropriations, in some instances requiring a series of articles to discuss those updates. The […]
Employers May be Required to Provide Paid Military Leave to Employees
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 Future of the Office of School Safety (OSS) Hangs in the Balance
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 […]
CAUTION: DPI Expulsion Hearing Appeals
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 […]
Department of Education Proposes Rule Changes Regarding Parental Consent to Bill Medicaid for IDEA Services
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 […]