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The U.S. Department of the Treasury (“Treasury”) and the IRS recently proposed regulations that would deny § 501(c)(3) tax-exempt status to private schools that maintain race-based admissions, scholarship or related programs. While the proposal is directed at educational institutions, the preamble contains important lessons for health care foundations and other charitable organizations managing donor-restricted funds.

In discussing the potential impact of the rule, Treasury expressly acknowledges that donor-imposed restrictions may require modification. The preamble notes that where “a race-based…
Continue Reading Health Care Philanthropy Update: Treasury’s Proposed Rule Offers Lessons for Foundations on Donor Intent and Endowment Management

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The Supreme Court of the United States has at last addressed a years’ long debate: How is the term “sex” defined under Title IX? In its landmark decision West Virginia v. B.P.J., the Court found the term means one’s sex at birth, rather than one’s gender identity. As a result, the Court determined public institutions may implement sex-based eligibility restrictions for women’s and girls’ sports focused on the athlete’s sex assigned at birth without violating Title IX. The Court…
Continue Reading Title IX and ‘Sex’: What B.P.J. Means for Wisconsin Schools

The Wisconsin Supreme Court recently clarified student questioning conducted by school resource officers in schools may constitute “custodial interrogation” requiring Miranda warnings, even when no arrest occurs. In State v. K.R.C., the Court held that a 12-year-old student was in custody for Miranda purposes when the student was questioned by two police officers in the SRO office. One officer was the school resource officer, and the other officer was not affiliated with the school.

The K.R.C. decision provides important…
Continue Reading Wisconsin Supreme Court Addresses Miranda Protections in School Settings

The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the United States and ensures special education and related services to those children.

Those who work with children in the court system should understand the basics from IDEA so that they can support families in accessing crucial educational services and promote a child’s educational stability.
Child Find and FAPE
Among other requirements within the IDEA,…
Continue Reading Advocating for Students with Disabilities: IDEA Basics for Wisconsin Attorneys

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

 In this issue:

  • Governor Tony Evers Signs 2025–2027 Wisconsin Biennial Budget into Law
  • K-12 Education and Child Care
  • UW System and Technical Colleges
  • Tax Relief for Household Affordability
  • Investments in Tourism Industry
  • Health care and Public Health
  • Transportation and Infrastructure Development
  • Support for Veterans and Military Families
  • Agriculture, Conservation, and Clean

…
Continue Reading Capitol Connection, July 2025

Shot of a group of unrecognisable businesspeople having a meeting in a modern office
Planning the way to profit

Numerous school referenda were approved in the 2025 Spring election this week, and construction is now on the horizon. Let’s consider the contracts that will become the foundation of these building projects.

The American Institute of Architects (AIA) provides a comprehensive suite of contracts designed to streamline the creation and management of construction agreements. While these forms are expertly crafted to anticipate challenges in construction projects, they are primarily tailored for commercial use rather than for governmental entities such…
Continue Reading Why School Districts Should Consult With Legal Counsel Before Signing a Standard AIA Contract

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

In this issue:

Election 2024: State Legislature

After the implementation of new legislative maps, months of campaigning, heated rhetoric, a barrage of unsolicited text messages, and lots of junk mail, the 2024 election has concluded.

After the votes were tallied:

  • Democrats gained 10 seats in the Wisconsin Assembly
  • Republicans maintain

…
Continue Reading Capitol Connection, November 2024

Posted on August 31,2024 in College Student Representation
Title IX is a federal law that was enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any educational program or activity that receives federal funding. This law is crucial because it ensures that all students, regardless of gender, have equal access to education and related opportunities. Title IX is often associated with addressing issues like sexual harassment, assault, and discrimination on college campuses, making it…
Continue Reading Can Someone Be Kicked Out of School for Title IX Violations?

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

For the past several years, Wisconsin has ranked near the top of the country for racial disparity in nearly every category related to the juvenile justice system.1

State and national trends also support that there is a particular group of youth of color that are uniquely susceptible to involvement in the juvenile justice system: those who have a disability. Nationally, children with disabilities are removed from school and referred to and involved in the juvenile justice system at…
Continue Reading Interrupting the School to Prison Pipeline at the Intersection of Race and Disability

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

It’s the start of another school year. For families of students with disabilities some extra time working with school staff before the start of the school year or early in the year can lead to success throughout the year. Here is some information we hope helps for the new school year.

IDEA, IEPs, and FAPE – Meeting the Needs of Students with Disabilities

The Individuals with Disabilities Education Act (“IDEA”) provides that every student is entitled to a free…
Continue Reading Supporting Students with Disabilities – Starting the School Year Off Right

Athletic running track with numbers
Athletic running track with lane numbers at a stadium

Enacted in 1972, Title IX prohibits discrimination based on sex in educational activities that receive federal funds and requires public elementary and secondary schools, as well as colleges and universities, to effectively accommodate the athletic interests and abilities of students and provide equal opportunity in the benefits, opportunities, and treatment provided for athletic teams.

While Title IX does not directly address gender identity, the Department of Education recently released a notice of proposed rulemaking related to a transgender student’s…
Continue Reading All Tied Up: OCR Issues New Resources on Equal Athletic Opportunity Under Title IX

School Bus
Yellow school bus crossing a bridge

It is every student’s favorite time of the school year: Field trip season! However, for school districts across Wisconsin grappling with staffing challenges, field trips are additional areas of risk where student needs can go unmet. Such emerging needs might include accommodations for diabetes, the fastest growing chronic disease in children in the United States. On a national scale, from 2001 to 2017, the number of people under age 20 living with Type 1 diabetes increased by 45 percent.
Continue Reading Ride on the Magic School Bus: Navigating Student Needs with Staff Shortages

On December 29, 2022, the United States Court of Appeals for the Ninth Circuit held that a Washington principal violated a middle school teacher’s free speech rights by threatening discipline, if the teacher continued wearing a “Make America Great Again” (“MAGA”) hat to staff training sessions. The Court found no evidence that the teacher caused any actual disruption by repeatedly bringing or wearing the hat to teacher-only trainings. The decision can be found here.

Background
A teacher repeatedly…
Continue Reading Ninth Circuit Holds MAGA Hat is Free Speech