Related to: Public School

CDC Relaxes In-School Masking Guidelines For Vaccinated Students And Staff

On Friday July 9, 2021, the Centers for Disease Control and Prevention (CDC) relaxed its guidance on mask-wearing within K-12 schools, advising that vaccinated teachers and students no longer need to wear masks inside school buildings. In anticipation of the 2021-2022 school year, the CDC published new guidelines, highlighting the need for flexible, context-specific decision-making…

Read More

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…

Read More

Supreme 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 More

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…

Read More
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…

Read More
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…

Read More

IDEA Class Action Brought Against All U.S. School Districts is Dismissed

On July 28, 2020, a complaint was brought in the Southern District of New York, in the case J.T. v. de Blasio, against every school district in the United States alleging that all are or have violated the IDEA when deciding to close schools in March 2020, due to the COVID-19 pandemic. The Plaintiffs not…

Read More

COVID-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…

Read More

DPI 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 More

Updated 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…

Read More