Posts by Emily Turzinski
Department of Education Releases Guidance on State General Supervision Responsibilities Under Parts B and C of the IDEA
This week, the U.S. Department of Education issued guidance to State Educational Agencies (SEAs), including the Wisconsin Department of Public Instruction, for implementing a “general supervision system” against local educational agencies (LEAs), including Wisconsin school districts, under the Individuals with Disabilities Education Act (IDEA). According to DOE, “a reasonably designed State general supervision system” should…
Read MoreSupreme Court Rules in Student Free Speech Case
On June 23, 2021, the U.S. Supreme Court issued its decision in Mahanoy Area School District v. B.L., finding in favor of the student plaintiff (B.L.) in a highly anticipated school speech case. The Supreme Court held that, though public schools may have a special interest in regulating certain off-campus student speech, the interests offered…
Read MoreWisconsin Supreme Court Strikes Down Dane County Order Closing Schools
Today, on June 11, 2021, in the matter of James v. Heinrich, 2021 WI 58, the Wisconsin Supreme Court ruled that that local health officers do not have the statutory power to close schools under Wisconsin Statute § 252.03. Additionally, because the schools involved in the case were private religious institutions, the Court held that…
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 MoreIDEA Class Action Brought Against All U.S. School Districts is Appealed
In a previous Legal Update, we discussed the recently dismissed IDEA class action lawsuit, J.T. v. DeBlasio, filed in the District Court for the Southern District of New York as a result of the COVID-19 pandemic. This Legal Update provides additional information related to the case. In July of 2020, the Plaintiffs’ complaint was filed…
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