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Special Education during COVID-19

U.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…

OCR Releases New Q&A Guidance for K-12 Public Schools Regarding Educating Students with Disabilities during COVID-19

On September 28, the Department of Education Office for Civil Rights (OCR) published thirteen questions and answers pertaining to public schools in the current COVID-19 environment. While this document is not legally binding, it gives insight into the OCR’s position on various new topics. The OCR references the newest CDC guidance which encourages local communities…

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Title IX Sexual Harassment Policy Checklist

As we reviewed in a previous Legal Update, the U.S. Department of Education issued new Title IX regulations establishing requirements for a school district’s response to reports of sexual harassment in its programs or activities.  The new regulations went into effect on August 14, 2020, as schools were inundated with issues related to COVID-19 and school…

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Special Education during COVID-19

Ensure Substitute Teachers Are Aware of Accommodations in IEPs and 504 Plans

In a previous Legal Update, we discussed the importance of ensuring that regular education teachers, including substitute teachers, have access to their students’ IEPs and are aware of the specific accommodations and/or modifications that must be provided pursuant to the IEP in the regular education setting. This is especially critical during the current COVID-19 pandemic, when…

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403(b) Plan

Governor Evers Reissues Mask Order and Declares New Public Health Emergency

Today, September 22, 2020, Gov. Tony Evers declared a new Public Health Emergency and issued a new face covering Emergency Order requiring individuals to wear face coverings when indoors, except in a private residence or when no one else is present. Both orders are effective immediately and will expire on November 21, 2020 or with a…

403(b) Plan

DOL Issues Revised Regulations For Paid Leave Under the FFCRA

On Friday, September 11, 2020, the Department of Labor (DOL) released revised regulations for the Families First Coronavirus Response Act (FFCRA). These changes were in part a response to the federal lawsuit in the Southern District of New York that invalidated portions of the previous regulations as of August 3, 2020.   The DOL’s revised…

403(b) Plan

Gov. Evers Issues Statewide Mask Order

Today, July 30, 2020, Gov. Tony Evers declared a Public Health Emergency and issued an Emergency Order requiring individuals to wear face coverings when indoors, except in a private residence.  This order covers not only public locations like bars, restaurants, and stores, but also business settings like production facilities and offices.  This order goes into…

403(b) Plan

New FMLA Forms Released

Today, the Department of Labor (DOL) announced the release of new optional forms for administering the federal Family and Medical Leave Act (FMLA). While the DOL’s specific forms are not required, they are widely used by employers to ensure compliance with the law. The new FMLA forms can be found here. According to the DOL,…

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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…

Governor Evers’ Safer-at-Home Order Extended to May 26, 2020

Yesterday, April 16, 2020, Governor Evers’ issued an extension to his March 24, 2020 Safer-at-Home Order in an attempt to further “flatten the curve” of COVID-19 in the State of Wisconsin. While the intent of the Order is to loosen certain restrictions currently in place, it does impose additional requirements on business operations not found…

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