Posts by Alana Leffler
U.S. Supreme Court to Address First Amendment Rights of Censured Board Member
On April 26, 2021, the U.S. Supreme Court granted a Petition for Certiorari review in Wilson v. Houston Community College System. The issue before the Court is whether a Board’s resolution to censure a Board member violated the First Amendment. This issue is before the U.S. Supreme Court after a decision by the U.S. Court of…
Read MoreDept. of Education’s Proposed Rule Prompts Debate about Critical Race Theory in Schools
As the 2020-21 school year drew to a close, public and private schools across the state began receiving an influx of inquiries from parents, community members, and the media regarding the issue of “critical race theory” and curriculum. Public school districts have received various public records requests from citizens and organizations regarding any such curriculum…
Read MoreU.S. Department of Education Issues Guidance Interpreting Title IX To Cover Discrimination Based on Gender Identity and Sexual Orientation
On June 16, 2021, the U.S. Department of Education issued a Notice of Interpretation of Title IX, which prohibits sex discrimination in education programs receiving federal financial assistance. The guidance does not address specific LGBTQ+ student issues that schools have been navigating in recent years, such as names/pronouns, restroom/locker room access, and parent rights. It…
Read MoreGovernor Evers Takes Action on Open Enrollment Bill
On Friday, March 26, 2021, Governor Evers signed Senate Bill 109, now 2021 Wisconsin Act 18, related to open enrollment. This Legal Update will discuss how open enrollment for the 2021-2022 school year is affected by the Governor’s actions. As a result of the COVID-19 pandemic, many schools have been offering a virtual learning option…
Read MoreWHAT TO DO WHEN PARENTS REQUEST PRIVATE SCHOOL TUITION REIMBURSEMENT
We have been seeing an increased number of due process hearing requests involving demands for reimbursement for unilateral private school placement by parents. The stakes in these situations are often high, particularly if the private placement selected by the parents is a residential program. Before deciding on a course of action, it is imperative to…
Read MoreTips to ensure virtual MDRs go smoothly
While manifestation determination reviews can sometimes become heated if parents disagree about the student’s misconduct being a manifestation of his disability, the nature of a virtual MDR may defuse tense feelings and keep participants focused on the matter at hand. “It’s harder to interrupt on [a videoconference] than when you’re in person,” said Alana Leffler,…
Read MoreOCR Releases New Q&A Guidance for K-12 Public Schools Regarding Educating Students with Disabilities during COVID-19
On September 28, the Department of Education Office for Civil Rights (OCR) published thirteen questions and answers pertaining to public schools in the current COVID-19 environment. While this document is not legally binding, it gives insight into the OCR’s position on various new topics. The OCR references the newest CDC guidance which encourages local communities…
Read MoreTitle IX Sexual Harassment Policy Checklist
As we reviewed in a previous Legal Update, the U.S. Department of Education issued new Title IX regulations establishing requirements for a school district’s response to reports of sexual harassment in its programs or activities. The new regulations went into effect on August 14, 2020, as schools were inundated with issues related to COVID-19 and school…
Read MoreEnsure Substitute Teachers Are Aware of Accommodations in IEPs and 504 Plans
In a previous Legal Update, we discussed the importance of ensuring that regular education teachers, including substitute teachers, have access to their students’ IEPs and are aware of the specific accommodations and/or modifications that must be provided pursuant to the IEP in the regular education setting. This is especially critical during the current COVID-19 pandemic, when…
Read MoreCOVID-19 Legislation: Key Provisions for Public Schools
On April 15, 2020, Governor Evers signed 2019 Wisconsin Act 185 into law. This Legal Update focuses on the key provisions related to public school districts. 1. Accountability Reports The Department of Public Instruction (DPI) is prohibited from publishing school and school district accountability reports in the 2020-21 school year. 2. Student Assessments a. Administration of Assessments. State…
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