Posts by Alana Leffler
U.S. Dept. of Ed. Issues Important IDEA and 504 Guidance Documents
Schools need not choose between keeping their school community safe and complying with the law, Department Secretary Miguel Cardona said in a letter accompanying newly released guidance documents from the U.S. Department of Education. Schools can both protect students’ rights and respond to safety concerns by providing behavioral supports and imposing discipline in a non-discriminatory…
Read MoreN.J v. Sonnabend: A First Amendment Face-Off at the District Court Level
On June 15, 2022, the Seventh Circuit issued its decision in N.J v. Sonnabend, holding that schools must apply the test from Tinker v. Des Moines prior to restricting students from wearing clothing depicting firearms. Through this decision, the Sonnabend Court has resolved conflicting decisions within the Eastern District of Wisconsin. In addition to reversing…
Read MoreWI Supreme Court Takes Case Concerning Communication with Parents About Their Child’s Gender Identity, Names, and Pronouns at School
The Wisconsin Supreme Court recently granted a petition for review of an injunction against the Madison Metropolitan School District relating to enforcement of its policies on gender identity. The original complaint was filed on February 18, 2020, by the Wisconsin Institute for Law & Liberty (WILL) in the Dane County Circuit Court. The complaint was…
Read MoreDepartment of Education Publishes Guidance on Mental Health Impact of COVID-19
On October 19, 2021, the U.S. Department of Education’s Office of Special Education and Rehabilitative Services (“OSERS”) released guidance regarding the ongoing effects of the pandemic on children’s psychological health. This new guidance, entitled, Supporting Child and Student Social, Emotional, Behavioral and Mental Health, addresses seven key barriers to implementing mental health supports for children,…
Read MoreU.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,…
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