Related to: Private School
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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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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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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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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Earlier today, Federal District Court Judge Reed O’Connor of the Northern District of Texas issued a preliminary injunction in State of Texas et al. v. United States of America et al. This case began when thirteen states and agencies, including the State of Wisconsin, filed a lawsuit alleging that the interpretation of “sex” in the joint…
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On May 13, 2016, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division issued a joint guidance document regarding transgender students. The guidance, which is not in the form of a regulation but rather a Dear Colleague Letter, states, “The Departments interpret Title IX to require…
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As we celebrate National Children’s Mental Health Awareness Day today, it is important to reflect upon the legal requirements and best practices relating to the education of children with mental health disorders. This is a complex matter, as it involves the intersection of legal issues, educational issues, and medical issues. A child’s mental health disorder…
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Last week, the Fourth Circuit Court of Appeals overturned a lower court’s decision dismissing a transgender student’s Title IX discrimination claim against his school district. Notably, the Fourth Circuit deferred to the Department of Education’s interpretation of the Title IX regulations in making its decision. Because the Fourth Circuit is the highest court to have…
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On Friday, April 8, 2016, a Dane County Circuit Court judge struck down Wisconsin’s Right to Work law, thirteen months after the law first took effect in the state. In his opinion, Judge William Foust held that Wisconsin’s Right to Work law is an unlawful taking that violates the Wisconsin Constitution because the law obligates…
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A federal district court in Wisconsin recently dismissed one of the U.S. Equal Employment Opportunity Commission’s (“EEOC”) well-publicized attacks on employer wellness programs. Our earlier legal updates regarding this case and some other EEOC challenges can be found here: August 2014 Legal Update and October 2014 Legal Update. In EEOC v. Flambeau, Inc., No. 14-cv-638…
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