Education

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 of immediate attention is the definitions section. It is critical to clearly define the individuals eligible to invoke the procedure, limiting…
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 demanding that districts move exclusively to a virtual instruction environment. This development is disappointing, considering the extensive time, effort, expense, and…
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 one place at one time).  If a student is suspected of violating these regulations, the university has taken the position that…
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 where the child attends school on certain days and participates in remote learning on others, an employee is eligible for FFCRA…
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 contact a lawyer to discuss their options and possible course of action to protect their rights and status as a student.…