School and Higher Education
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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Can Employees Use FMLA Leave to Attend IEP Meetings at Their Children’s School?

Can Employees Use FMLA Leave to Attend IEP Meetings at Their Children’s School?

By: Abby S. Busler and Laurie E. Meyer Recently, the United States Department of Labor (DOL) issued an opinion letter addressing whether an employee may take leave under the Family and Medical Leave Act (FMLA) to attend a meeting to discuss the Individualized Education Program (IEP) of the employee’s child. In the situation posed to the DOL, an...

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Wisconsin’s Pleading Standard: Sea Change or “Same Old/Same Old?”

Wisconsin’s Pleading Standard: Sea Change or “Same Old/Same Old?”

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...

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Wisconsin’s Pleading Standard: Sea Change or “Same Old/Same Old?”

To Bus or Not to Bus, That Is the Question

By: 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...

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REMINDER: It’s Time for School Districts, Municipalities and Other Tax-Exempt Entities That Sponsor 403(b) Plans to Adopt New Pre-Approved Documents

REMINDER: It’s Time for School Districts, Municipalities and Other Tax-Exempt Entities That Sponsor 403(b) Plans to Adopt New Pre-Approved Documents

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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New School Safety Legislation in Wisconsin

New School Safety Legislation in Wisconsin

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 for...

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Kenosha Unified School District Settles Transgender Lawsuit

By 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 Appeals...

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REMINDER: It’s Time for School Districts, Municipalities and Other Tax-Exempt Entities That Sponsor 403(b) Plans to Adopt New Pre-Approved Documents

It’s Time for Tax-Exempt Entities to Restate Their 403(b) Plans

By 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)...

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New School Safety Legislation in Wisconsin

OCR Changes Complaint Investigation Procedures

By 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...

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