Related to: Private School

Dept. 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…

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Wisconsin 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…

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WHAT TO DO WHEN PARENTS REQUEST PRIVATE SCHOOL TUITION REIMBURSEMENT

WHAT 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…

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Happy Special Education Day!

Happy Special Education Day! Looking Ahead to the Biden Administration.

Happy National Special Education Day! Today commemorates the anniversary of the Individuals with Disabilities Education Act (formerly the Education for all Handicapped Children Act) being signed into law in 1975. This was truly a historic milestone. Until then, many children with disabilities were excluded from school. The IDEA was enacted to ensure that every child…

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Disciplining students while in remote, hybrid learning? Keep these points in mind

Disciplining students while in remote, hybrid learning? Keep these points in mind

Discipline is a school’s system designed to minimize disruption and promote positive social interaction. This is achieved through behavior management techniques such as positive reinforcement, social skills training, and development of problem-solving and decision-making skills, as well as punishment. Districts must still carry out discipline during remote and hybrid learning but, like everything else during…

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Special Education during COVID-19

Additional Guidance on Educating Students with Disabilities During COVID-19 School Closures

Since our March 17th Legal Update, the Wisconsin Department of Public Instruction (DPI) and the Office for Special Education and Rehabilitative Services (OSERS) have issued additional guidance related to the education of students with disabilities while schools are closed due to the COVID-19 pandemic. The guidance reinforces the importance of making determinations regarding individual services…

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Student Mental Health and Child Find: An Important Topic for Summer Professional Development

On the heels of national mental health awareness month and as school districts begin planning their summer inservices, it is a perfect time for a refresher on the extent to which schools can and should address the mental health needs of students. Although schools are not mental health care providers, a student’s mental health condition…

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5 Tips for Responding to Reports of Bullying

As National Bullying Prevention Month draws to a close, it is important to reflect on the legal requirements and best practices for addressing reports of bullying and harassment. Effectively responding to reports of bullying and harassment is critical, not only for protecting the safety and wellbeing of the students, but also for protecting the school…

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Is Your School’s Use of Technology in the Classroom Violating FERPA?

With each year, technology plays a more significant role in schools and classrooms.  For example, most school districts use a web-based student information system to manage student data and share that data with parents and school staff.   In addition, if a school district provides a 1:1 device to students, such as an iPad or Chromebook,…

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Can a Student Be Expelled for Threatening School Violence?

School districts are increasingly confronted with threats of school violence made by students, and in light of national events, they are right to take them seriously.  Oftentimes, the question arises of whether such conduct is subject to expulsion. Can a School District Expel a Student for Threatening School Violence? Yes.  Section 120.13(1)(c)1. of the Wisconsin…

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