Publications

Is Your School District Prepared for H1N1?

By D&K's School and Higher Education Law Team School districts across the state are preparing for the probable outbreak of H1N1 in their district. Unfortunately, schools are a hotbed for the spread of H1N1 influenza and children have been disproportionately impacted by the virus. Questions abound as schools consider how a school closing due...

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Are You Keeping Your Business Secrets To Yourself?

Are You Keeping Your Business Secrets To Yourself?

So, you have some company secrets. What business doesn’t? You may have a confidential marketing strategy that your most aggressive competitor would covet, if only it knew that your strategy has been reduced to a private inter-office memo. Perhaps you have a closely veiled manufacturing method that an up-and-coming entrepreneur would salivate...

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Are You Prepared to Bargain Over Teacher Preparation Time?

Governor Doyle recently signed 2009 Wisconsin Act 34 into law, which requires that preparation time be treated as a mandatory subject of bargaining. The new law reverses a Wisconsin Supreme Court decision that held that a guaranteed amount of preparation time was a permissive subject of bargaining. Dodgeland Education Association v. WERC, 250...

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Wisconsin Extends FMLA Benefits to Include Domestic Partners

When Governor Doyle signed the 2009-2011 biennial budget on June 29, 2009, several basic legal protections previously available only to married couples were made available to same-sex couples. Among these legal protections is the right to exercise leave under Wisconsin’s Family and Medical Leave Act (“WFMLA”) in order to care for a domestic...

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Economic Stimulus Package Creates New Employee Whistleblower Protections

Earlier this year the American Recovery and Reinvestment Act of 2009 (ARRA) was enacted to address the current economic challenges facing our country. Contained in the ARRA are new whistleblower protections for employees of “non-federal employers” receiving stimulus funds, including public school districts and their contractors and...

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Supreme Court Affirms Private School Reimbursement Option Under the IDEA

By Mary S. Gerbig On June 22, 2009 the U. S. Supreme Court confirmed that parents can seek reimbursement for the cost of private tuition under the Individuals with Disabilities Education Act (IDEA) even if their children have not previously received special education services through a public school. Forest Grove Sch. Dist. vs. T. A., 109 LRP...

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New Bargaining Law: New Opportunities

Overview Governor Doyle signed the 2009-11 state budget (2009 Wis. Act 28) into law on June 29, 2009, which included several changes to Wisconsin’s Collective Bargaining Law for school districts. Most significantly, the bill repealed the 16-year old Qualified Economic Offer (QEO) Law and reinstated final-offer, binding arbitration as the way to...

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