Public Sector

Local Safer at Home Orders—Can They do That?— Legally?

By: James M. Kalny On May 13, 2020 the Wisconsin Supreme Court in a split decision, struck down the Executive Order 28 Safer at Home (SAH).  The same day the decision was announced counties and some municipalities started enacting their own health orders.  In several cases the orders simply stated that the SAH and a couple other executive orders...

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Special Education Considerations in the Virtual Education Setting

Special Education Considerations in the Virtual Education Setting

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:...

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CARES Act: Educational Impact for School Districts

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,...

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$2 Trillion Stimulus CARES Act – Educational and Labor Impacts

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...

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FAPE During a Pandemic, What Does it Mean?

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...

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School District COVID-19 Update and Resources

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...

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COVID-19 Closes K-12 Public and Private Schools – Employers Must Adapt

By: Abby S. Busler On March 13, 2020, just before 5:00pm Governor Evers issued an agency order mandating the closure of all K-12 Wisconsin schools both public and private, as part of efforts to respond to and contain the spread of COVID-19 in Wisconsin. This decision has a widespread impact on Wisconsin’s workforce and its public and private...

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DHS and DPI Issued Guidance for School Districts Preparing for the Coronavirus

DHS and DPI Issued Guidance for School Districts Preparing for the Coronavirus

By: Abby S. Busler Note: Perspectives shared are limited to the factors present as of the date of the article and thus may no longer be relevant due to the fluid nature of the pandemic’s impact.  Please check with your Davis|Kuelthau attorney or the author for the most current perspectives.  It is important to regularly consult with federal,...

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