School and Education Attorneys, James Kalny and Abby (Busler) Tilkens will be presenting at the 2022 WASB/WSAA School Law Conference & Workshop on Thursday, January 20, 2022 from 1:45 PM - 2:45 PM. Click here to view the powerpoint presentation. Their presentation, Free Speech from the Tinker Era Through 2021 and Beyond will explore the changing territory of free speech. After providing a...
On Tuesday, November 16, 2021, litigation pending in several federal circuits regarding the federal vaccine/testing mandate described below was consolidated in the U.S. Court of Appeals for the Sixth Circuit. Below, we summarize the mandate, discuss the various court developments, and provide guidance as to steps employers could take while the legal challenges continue. OSHA Issues ETS Mandate...
School and Education Attorneys, Anthony J. Steffek and Abby (Busler) Tilkens will be presenting at the 2021 WASB/WSAA School Law Conference & Workshop on Friday, January 22, 2021 from 8:30 AM – 9:30 AM. Their presentation, The New Normal: Virtual Education in a Pandemic, will address changes in Virtual education. After providing a brief update on legal considerations, the presenters will...
By: Anthony J. Steffek and Abby S. Busler In light of the recent extension of school closures through the end of this school year, this article will review additional guidance from the Department of Public Instruction (DPI) regarding the issue of Free Appropriate Public Education (FAPE) for special education students during virtual learning: School districts must provide a free and appropriate...
By: Abby S. Busler The Coronavirus Aid, Relief and Economic Security (CARES) Act includes among its many provisions specific funding sources for Wisconsin school districts. This includes a Governor’s Emergency Education Relief Fund and an Elementary Secondary School Emergency Relief Fund. The CARES Act also created a higher education relief fund, but that is not applicable for K-12 schools. The...
The impact of COVID-19 is imparting an unprecedented burden on educators across Wisconsin. Breaking news is the new constant, leaving board members, superintendents and other administrators buried in pending urgent decisions amidst a sea of uncertainty. Davis|Kuelthau is dedicated to helping each of you through these challenging times. Members of our School Team, Robert (Bob) Burns, Anthony...
By: Abby S. Busler While the majority of provisions in the CARES Act address loans and stimulus plans for individuals and businesses, the CARES Act also enacts additional legislation directly impacting schools and amends the Families First Coronavirus Response Act (FFCRA). The Act sets forth approximately $13.5 billion dollars through formula grants to States to support local educational...
By: Abby S. Busler School Districts across the state are experiencing an upheaval of all that is normal and forced to react and adapt to the “new” normal. On March 24, 2020, Governor Evers set forth Emergency Order #12, issuing a Stay At Home order. That order specifically directed that schools will not be open until April 24, 2020. Many school districts transitioned to virtual learning, or...
By: Michael Van Someren and Lawrence J. Glusman The “Coronavirus Aid, Relief, and Economic Security Act” or “CARES Act” was signed into law by the president on March 27, 2020. The CARES Act has a number of provisions meant to allow employers to receive forgivable loans to pay business expenses and permit them to maintain continuity of operations to the extent possible in light of other legal...
The current COVID-19 health emergency has confronted school districts with a wide variety of serious challenges. The purpose of this article is to compile useful information pertaining to several key recurring topics and serve as a reference tool. Italicized items are excerpts from the source documents linked below. Given the fast moving developments in this crisis, the shelf life of most...
