Publications

Davis & Kuelthau Infrastructure Stimulus Team

Davis & Kuelthau, s.c. has formed a team of attorneys to assist public sector and private sector clients with the Federal infrastructure stimulus program known as the American Recovery and Reinvestment Bill of 2009 (H.R. 1) that the House of Representatives passed on January 28, 2009. The Governor also recently created the Office of Recovery...

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The Student-Teacher Relationship In A Texting World

The past few years have seen explosive growth in the use of new communication technologies including text messaging (texting), instant messages (IMs) and the use of social networking sites like Facebook and MySpace. It is estimated that 2 trillion instant messages were sent in 2007. These new means of communicating have become main stream. The...

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Amendment to ADA Opens Door To Increased Disability Claims and Damages

Congress recently voted to pass the ADA Amendment Act (“ADAAA”), which brings the ADA back to the standards originally intended by Congress, rather than the legal standards created by several U.S. Supreme Court cases. The President signed the ADAAA into law on September 25, 2008. The ADAAA will become effective on January 1, 2009. Wisconsin...

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Changes To The Federal Pupil Records Law

By Mary S. Gerbig The Family Educational Rights and Privacy Act (FERPA), first enacted in 1974, is the federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (DOE). On March 24, 2008, the Department of Education (DOE)...

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Supreme Court Permits Access to Information Discussed in Closed Session

Recently the Wisconsin Supreme Court issued a decision that could have a far reaching impact on the discussions that elected officials have in closed session. In Sands v. Whitnall School District, 2008 WI 89 (July 11, 2008) , the Supreme Court concluded that the discussions and action taken by elected officials in closed session are subject to...

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Does the Public Records Law Apply to Private Contractors?

On June 25, 2008, the Wisconsin Supreme Court issued a decision further interpreting Wisconsin’s Public Records Law. The Court addressed several different issues, some of which may affect how school districts respond to open records requests, including the format in which they provide records and who will be considered an “authority” when dealing...

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Final 403(b) Regulations: Some Immediate Action Required

On July 26, 2007, the Internal Revenue Service (IRS) issued final regulations for 403(b) plans. These final regulations were expected for several years, and they are generally consistent with proposed regulations that were issued in November 2004. Most items under the final regulations can be addressed over the next two school years. This Legal...

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