Posts by Mary Gerbig
United States Supreme Court Decides That IDEA’s Exhaustion Requirement Does Not Apply When the Only Relief Sought is Money Damage
On March 21, 2023, the United States Supreme Court issued its decision in Perez v. Sturgis Public Schools. The case raised the question of whether a plaintiff is required to exhaust the administrative processes under the Individuals with Disabilities Education Act (IDEA) when the remedy a plaintiff seeks is not available under the IDEA. This…
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 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 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 MoreU.S. Department of Education Releases Additional Guidance on COVID-19 Disclosures
On September 24, 2020, the United States Department of Education released additional guidance related to disclosures of COVID-19 cases within schools. The Q&A reminds schools of the Department’s prior guidance in March of 2020, related to disclosure of student information, and highlights the most common questions related to this topic. This Legal Update will summarize…
Read MoreDPI and AG Provide Guidance Related to Schools After Supreme Court Decision
On May 13, 2020, the Wisconsin Supreme Court struck down Emergency Order #28, Safer at Home Order, issued by the State of Wisconsin Department of Health Services (DHS) Secretary, Andrea Palm, in Wisconsin Legislature v. Palm. Order #28, and its predecessor order, extended Governor Tony Evers’ original Safer at Home Order through May 26, 2020. After…
Read MoreUpdated DHS and CDC Guidance on Summer Camps and Reopening Considerations
Late yesterday, the Wisconsin Department of Health Services (DHS) issued “Interim Guidance on Summer Camps”. The Interim Guidance states: “At this time, DHS recommends that congregate activities for children that are considered educational or enrichment programs, including residential summer camps, be postponed or canceled. COVID-19 continues to circulate throughout Wisconsin, and the state has not yet met…
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