Publications
Court Denies Teachers’ Attempt at Pre-Act 10 Protections

Court Denies Teachers’ Attempt at Pre-Act 10 Protections

By Robert W. Burns & Anthony J. Steffek In a resounding success for Wisconsin school districts, another attempt by the Wisconsin Education Association Council to use the courts to re-insert pre-Act 10 collectively bargained terms into individual teaching contracts has been rejected. In Marks, et al. v. Board of Education of the Wisconsin...

read more

School and Higher Education Law Newsletter

Featured News: U.S. Supreme Court to Weigh in on Transgender Issue as Wisconsin Federal Judge Allows Transgender Discrimination Lawsuit to Proceed Under Title IX Court Denies Teachers' Attempt at Pre-Act 10 Protections Playing with Fire - Are You Using PBIS Appropriately with Disciplinary Removals? Wisconsin Court of Appeals Upholds School...

read more

Playing with Fire – Are You Using PBIS Appropriately with Disciplinary Removals?

By D|K's School and Higher Education Law Team In August, the U.S. Department of Education’s Office of Special Education Programs (OSEP) released guidance regarding the use of positive behavioral interventions and supports (PBIS) in individualized education programs (IEPs). OSEP outlined schools’ obligations in providing PBIS to ensure that...

read more

U.S. Supreme Court to Weigh in on Transgender Issue as Wisconsin Federal Judge Allows Transgender Discrimination Lawsuit to Proceed Under Title IX

By D|K's School and Higher Education Law Team On October 28, 2016, the U.S. Supreme Court agreed to hear the appeal of the 4th Circuit’s decision in the G.G. v. Gloucester County School Board (discussed in our Client Alert dated August 8, 2016), which will clarify the status of the law and split in lower court decisions. The U. S. Supreme Court...

read more

Are Your District Websites Accessible to Individuals with Disabilities?

By D|K's School and Higher Education Law Team An increasing area of attention for the U.S. Department of Education Office of Civil Rights (OCR) is whether school districts are providing accessible websites for individuals with disabilities. OCR has heightened its enforcement actions against larger educational institutions over the past few years...

read more
Temporary Workers and the FMLA: What You Don’t Know Can Hurt You

Temporary Workers and the FMLA: What You Don’t Know Can Hurt You

By Laurie E. Meyer Temporary Workers and the FMLA As most employers know, the federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the...

read more
Nursing Home Arbitration Rule Challenged in Court

Nursing Home Arbitration Rule Challenged in Court

By Alec Dobson The nation’s largest association of long-term care providers filed a lawsuit this week asking a federal court to block enforcement of new federal regulations that will prohibit pre-dispute arbitration agreements in nursing homes and other long-term care facilities participating in Medicare and Medicaid. The Centers for Medicare...

read more
Nursing Home Arbitration Rule Challenged in Court

Sweeping New Rules Govern Long-Term Care

By Alec Dobson Nursing homes and other long-term care facilities across the country must meet stringent, wide-ranging and costly regulatory requirements in order to participate in Medicare and Medicaid programs, under a new rule issued Tuesday by the U.S. Department of Health and Human Services and its Centers for Medicare and Medicaid Services....

read more
Nursing Home Arbitration Rule Challenged in Court

New Federal Regulations Prohibit Pre-Dispute Arbitration in Long-Term Care

By Alec Dobson Disputes over care in nursing homes and other long-term care facilities will increasingly be decided in litigation, rather than arbitration, as a result of new federal regulations banning pre-dispute arbitration agreements in facilities that participate in the Medicare and Medicaid programs. The Centers for Medicare & Medicaid...

read more