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STATE OF KANSAS, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF EDUCATION, et al., Defendants (Case No. 24-4041-JWB)

In April 2024, the Department of Education (DoE) issued final Title IX rules that apply to complaints of sex discrimination occurring on or after August 1, 2024. Shortly thereafter, a number of states and organizations challenged the implementation of the final rules.

In State of Kansas, et al, v. United States Department of Education, the plaintiffs filed action against the DoE…
Continue Reading Title IX Regulations

The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the June 2024 Recap issue of the Capitol Connection.

Inside this issue

Vos Recall Denied by Elections Commission

A months-long back-and-forth between Assembly Speaker Robin Vos and a group seeking to recall the Republican leader ended on June 27th when in a 4-2 decision, the Wisconsin Elections Commission decided that organizers of the effort failed to collect enough…
Continue Reading Capitol Connection, June 2024 Recap

Due to the rising costs of education, many Americans are looking for ways to fund the educational expenses of their children and grandchildren.

In 2023, Congress overhauled the Free Application for Federal Student Aid (“FAFSA”) and the Department of Education’s process for awarding federal student aid, which has taken effect for the 2024–25 award year. These changes included a simplified form, removal of the sibling discount, introduction of a new eligibility formula, modified family and aid considerations, and expanded…
Continue Reading How Can You Help Pay for Your Student’s Education?

Posted on April 09, 2024 in College Student Representation
Disciplinary proceedings that could potentially lead to expulsion can be a daunting experience for any university student. Higher education is pivotal to pursuing many opportunities and career goals, and expulsion could threaten a person’s future. Understanding how to navigate such a situation is crucial. With legal representation from an experienced attorney, a student can defend against expulsion and ensure that his or her rights and interests are upheld…
Continue Reading How Can University Students Defend Against Expulsion?

Often, around the time of parent-teacher conferences at the end of the first quarter or trimester of the school year, many parents become aware that their child is struggling in school. Sometimes teachers or school staff identify areas where a student is lagging behind their classmates. Sometimes parents assisting their children with schoolwork note that their child is not understanding grade-level concepts. Sometimes students themselves share their frustration with parents: whether it be refusing to go to school, statements…
Continue Reading Parent-Teacher Conferences Are Happening: Know the Difference Between IEPs and 504s

Students have the right to pursue an education and other opportunities while attending college, and they are protected against discrimination on the basis of sex, sexual orientation, or gender identity. This discrimination may come in a variety of forms, including sexual harassment, sexual assault, and gender-based violence. Students who have experienced harassment or who have been accused of harassing or assaulting someone else can work with a lawyer who provides legal representation for students. An attorney can provide…
Continue Reading How Does Title IX Address Sexual Harassment on College Campuses?

Supporting her Rugby Players

As students pursue a college education, they should all be treated fairly and equally. Unfortunately, there are a variety of situations where students may face discrimination, and they may be treated differently based on their sex, gender identity, or sexual orientation. In cases where a student has experienced discrimination, they will need to understand how Title IX, a federal civil rights law, addresses their situation and provides them with protections. By working with an attorney who can provide representation …
Continue Reading How Does Title IX Protect College Students Against Discrimination?

​​Nov. 10, 2021 – An action to compel a school district to turn over applications for a vacant school board position and applicants’ personal information will go forw​​​ard under an opinion issued by the Wisconsin Court of Appeals District II last week.
In Mastel v. School Di​strict of Elmbrook, 2020AP1871 (Oct. 28, 2021), a three-judge panel held that a Waukesha County Circuit Court judge erred by dismissing a mandamus action brought by a public records requester.

The requester,…
Continue Reading Appeals Court Allows Mandamus Action on School Records to Proceed

Following publication of our recent Legal Update discussing the statewide surge of workplace safety grievances, we have received many questions regarding which grievance procedure provisions deserve immediate attention to best prepare for a potential grievance. While each district’s grievance procedure may contain procedures or provisions unique to itself, there are a few core provisions that should be included within all grievance procedures for purposes of providing a fair, effective, and efficient grievance process.

The first grievance procedure section deserving…
Continue Reading School District Grievance Procedure Provisions to Immediately Review

School districts continue to navigate the challenges associated with delivering educational instruction during a pandemic. Wisconsin’s status as a COVID-19 “hot spot” continues, leaving districts in the position of having to closely monitor local data and make difficult decisions, oftentimes pivoting between instructional delivery models. Many school districts have seen a rash of workplace safety grievances filed pursuant to Wis. Stat. § 66.0509(1m) by district employees or union leadership raising workplace safety concerns and, in many instances, seeking relief…
Continue Reading It’s Called A Workplace Safety Grievance, But What Is This Really About?

The start of the new school year. The arrival of students on campus. Moving away from home. It is easy to think it was 2019, but it is NOT.  In the midst of the COVID-19 pandemic, students were notified (through the Office of Student Conduct and Community Standards and University Housing, the OSCCS) prior to their arrival on campus this fall, that OSCCS would be enforcing social distancing and small group assembly (meaning less than 10 people together in…
Continue Reading Emergency Suspensions on Campus are No Joke

The U.S. Department of Labor (DOL) on August 27, 2020, issued three new FAQs (98–100) pertaining to the Families First Coronavirus Relief Act (FFCRA) that clarify an employee’s eligibility for FFCRA leave to care for a child whose school or child care is closed, or child care provider is unavailable because of COVID-19, depends on the school’s approach to in-person and remote learning.

FAQ # 98 – Hybrid Learning

If a child’s school is operating on a hybrid model…
Continue Reading Department of Labor Provides Clarification on FFCRA Child Care Leave

What Should a Student Do if They Receive a Notice of Investigation for Sexual Assault or Sexual Harassment on a College Campus?
They need to contact experienced counsel.  Title IX is not an easy process for anyone to navigate, particularly when it could affect their academic status.  New regulations issued in the spring of 2020 changed a student’s rights with respect to these investigations, including their right to a hearing and to cross-examine witnesses.  It is imperative that they…
Continue Reading Changes to Title IX Take Effect August 14, 2020