By: Kathy L. Nusslock In Cattau v. National Insurance Services of Wisconsin, Inc.,[1]decided on April 30, 2019, the Wisconsin Supreme Court unanimously declared the pleading standard articulated in 1983 in Strid v. Converse[2] was unchanged by its 2014 decision in Data Key Partners v. Permira Advisers, LLC.[3] This declaration may surprise many practitioners, who viewed…
Read Full ArticleBy: Kathy L. Nusslock Public school districts and private schools within the district often have a contentious relationship when it comes to the transportation of students to and from school. A recent decision by a federal court of appeals[1] confirmed that the Milwaukee Public School District (“MPS”) did not violate the Equal Protection Clause of…
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By Bruce B. Deadman Reminder: It’s not too soon for sponsors of 403(b) plans to start the process of adopting IRS pre-approved plan documents. Under a new program, local governments, school districts and other tax-exempt entities that sponsor retirement plans under Section 403(b) of the Internal Revenue Code (the “Code”) can for the first time…
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By Abby S. Busler In the aftermath of multiple school shootings across the country, Wisconsin lawmakers took action this past week in an effort to improve safety in Wisconsin Schools. On March 26, 2018 Governor Scott Walker signed into law provisions calculated to improve school safety. The new laws are backed by substantial grant monies…
Read Full ArticleBy D|K’s School and Higher Education Team As reported by media on January 9, 2018, the Kenosha Unified School District announced that it plans to withdraw its petition for certiorari based on a settlement in the transgender case Whitaker v. Kenosha Unified School District. As background, on May 30, 2017, the Seventh Circuit Court of…
Read Full ArticleBy Bruce B. Deadman Under a new IRS program, tax-exempt entities who sponsor 403(b) retirement plans can adopt pre-approved documents that include determination letters that confirm the tax-qualified status of their plans. Plan sponsors need to adopt pre-approved plans before March 31, 2020, in order to qualify for the program. Under a 403(b) plan, eligible…
Read Full ArticleBy Abby S. Busler On June 8, 2017, Candice Jackson, Acting Assistant Secretary for the U.S. Department of Education Civil Rights Division, modified many of the practices to investigate civil rights violations by public school districts. The changes are summarized as follows: First, the Office for Civil Rights (OCR) no longer grants certain complaints automatic…
Read Full ArticleBy Abby S. Busler On June 6, 2017, the Office for Civil Rights (OCR) released internal guidance on transgender student complaints. The memorandum eliminates OCR reliance on the May 2016 Dear Colleague Letter. OCR will no longer process complaints based solely on the basis of transgender students being denied facility use, such as restrooms or…
Read Full ArticleBy D|K’s Labor and Employment Team Former employees who are currently collecting benefits under the Wisconsin ETF should carefully consider the potential effect of resuming work for a WRS employer on their benefit payments. The reemployment rules can be confusing, and take into account the dates of the annuitant’s prior WRS employment. Annuitants who previously…
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By James M. Kalny On June 29, the Wisconsin Supreme Court issued an opinion in State of Wisconsin ex rel. John Krueger v. Appleton Area School District Board of Education and Communication Arts 1 Materials Review Committee, No. 2015AP231 regarding what constitutes a governmental body for purposes of the Wisconsin Open Meetings Law. The Supreme…
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