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This is a list of Legal Comments from the Wisconsin School News, WASB's magazine, that are available to WASB members on this Web site. Some of the Legal Comments on this list may no longer give the current view of law; however, they are included to help show the change and development of Wisconsin school law over time.

The Legal Comments are designed to provide authoritative general information, with commentary, as a service to WASB members. The Legal Comments should not be relied upon as legal advice. If required, legal advice regarding the topics in the Legal Comments should be obtained from the school district's legal counsel.

2000+ | 1990 - 1999 | 1980 - 1989 | 1970 - 1979 | 1961 - 1969

DateTitle
Year 2000+
12/08icon Preparing for the renewal and nonrenewal of teacher and administrator contracts
11/08icon Habitual truancy and court intervention
10/08icon Taxes on board member compensation
9/08icon Employee use of personal vehicles is risky business
8/08icon Final candidates under the Wisconsin public records law
7/08icon Virtual charter schools
6/08icon An employee's duty to cooperate in internal investigations
5/08icon Employee use of e-mail for union activities
4/08icon Vesting of administrative employees' retirement benefits
3/08icon The Government Accountability Board
2/08icon Title IX and athletics after 35 years
1/08icon The doctrine of 'deliberate indifference'
12/07icon Indemnifying and insuring employees' actions
11/07icon The legal significance of school board policies
10/07icon Caregiver employment discrimination
9/07icon Limiting student speech that promotes illegal drug use
8/07icon Courts decide significant cases involving open meetings law
7/07icon Disclosure of employee investigation and disciplinary records
6/07icon Grievances and the union's duty of fair representation
5/07icon Teacher 'free speech' in the classroom
4/07icon Board member voting
3/07icon The duties and responsibilities of school board officers
2/07icon Releasing the records of students with disabilities for protection against abuse
1/07icon Union buttons and signs in the classroom
12/06icon Restricting access to school property and events
11/06icon Two-way electronic communication devices
10/06icon E-mails as public records
9/06icon Control over school district curriculum and homework
8/06icon Employee speech rights
7/06icon Health insurance and tax issues
6/06icon Board policies guide scholarship awards
5/06icon What is a "governmental body" subject to Open Meetings Law
4/06icon Employment rights of uniformed service members
3/06icon Use of subpoenas in labor disputes
2/06icon Student fees and school board authority
1/06icon Alternative methods for transporting students to school activities
12/05icon Juvenile restitution and parental liability for acts of minors
11/05icon Nepotism and employment decisions
10/05icon Religious displays and the Establishment Clause
9/05icon Access to employee investigation records under the public records law
8/05icon A primer on annual meetings
7/05icon Family courts actions affecting the rights of parents
6/05icon Open- and closed-campus policies
5/05icon Defamation claims by board members and district employees
4/05icon Participant waivers and district releases from liability
3/05icon Fifth Amendment privilege and employment investigations
2/05icon Accessibility to school events by individuals with disabilities
1/05icon Probationary employees
12/04icon Understanding the financial audit
11/04icon Spousal conflicts of interest
10/04icon Compliance with Wisconsin 's open meetings law (Part 2)
9/04icon Compliance with Wisconsin 's open meetings law (Part 1)
8/04icon Student transportation
7/04icon EEOC rule for retiree coordinated health care benefits
6/04icon Hazing and bullying
5/04icon Law enforcement searches of the workplace
4/04icon Employees' off-duty misconduct
2-3/04icon Last chance agreements
1/04icon Regulation of off-campus student publications
12/03icon Terminating unlicensed teachers
11/03icon Software piracy
10/03icon Recent changes to the public records law (Part 2)
9/03icon Recent changes to the public records law (Part 1)
8/03icon Use of public funds for political purposes
7/03icon Board member conflicts and incompatibility of offices
6/03icon Video surveillance
5/03icon Employee conflicts of interest
4/03icon Earnings garnishment
3/03icon The HIPAA privacy rule
2/03icon New under the No Child Left Behind Act
1/03icon Who pays for residential care?
12/02icon Open enrollment
11/02icon The 'work for hire' copyright rule and moonlighting
10/02icon Records retention schedules
9/02icon District regulation of student speech
8/02icon U.S. Supreme Court highlights
7/02icon Protection of pupil privacy rights
6/02icon Drug-sniffing dogs, searches and seizures
5/02icon School officials' and employees' civil liability protection
4/02icon Student eligibility under section 504
3/02icon Verbal sexual harassment
2/02icon Employee disability discrimination
1/02icon Revisiting student residency determinations
12/01icon Zero tolerance discipline policies
11/01icon Wisconsin 's Open Meetings Law and communicating with technology
10/01icon Discrimination against job applicants based on criminal convictions
9/01icon Revisiting community-use policies: Creating the limited public forum
8/01icon Employee references and employer liability
7/01icon Disorderly conduct and students' First Amendment rights
6/01icon The family and medical leave acts and employee rights under collective bargaining agreements
5/01icon Public schools and the Boy Scouts of America
4/01icon Children's online safety
3/01icon Recent developments regarding the constructive discharge doctrine
2/01icon Caution required when confronted with student privacy issues
1/01icon When is a grade a student record?
12/00icon Caution required when considering modification of retiree benefits
11/00icon Supreme Court further defines public policy exception to discharge of at-will employees
10/00icon Early reinstatement of expelled students
9/00icon Compelled use of comp time
8/00icon Supreme Court rejects student prayer at football games
7/00icon Tax treatment of early retirement, severance, and deferred compensation payments
6/00icon Determining essential functions under the ADA
5/00icon Discipline of students for content of personal web sites
4/00icon Compensation of school board members and tax-related issues
3/00icon Judicial review of expulsion decisions
2/00icon Legal update: Liability for student suicide and searches
1/00icon Search and seizure - drug testing of teachers
Year 1990 - 1999
12/99icon Prayer at school events - the debate continues
11/99icon Recent rulings under the sexual harassment law
10/99icon Use of lawful products and discrimination
9/99icon Teacher certification
8/99icon Liability, records requests, and the ADA - Recent court decisions
7/99icon Peer sexual harassment actionable under Title IX
6/99icon Suspension without pay - An option when investigating employee misconduct
5/99icon Expulsion for firearm possession
4/99icon School uniforms
3/99icon The Year 2000 problem - Legal issues
2/99icon Waiver of right to litigate
1/99icon An insurer's duty to defend employee misconduct
12/98icon Academic freedom and the curriculum
11/98icon Getting tough with truants
10/98icon Legislature addresses classroom conduct
9/98icon Alternatives to statutory mandates
8/98icon The absent employee and the ADA
7/98icon Charter schools
6/98icon Legal Comment update: Open meetings law, student drug testing, and age discrimination
5/98icon School board member conflict of interest
4/98icon Harassment injunctions
3/98icon School board meetings and defamation: Are your statements protected?
2/98icon Mobile home parking permit fees
1/98icon Workplace searches and employee privacy rights
12/97icon When is employee speech protected?
11/97icon Reimbursement of employee educational expenses: Taxable compensation or tax-free fringe benefit?
10/97icon Software licensing and the consequences of pirating software
9/97icon Searches in public schools
8/97icon New legal requirements for foreign students
7/97icon Religion in schools, sexual harassment, ADA : Federal guidelines help clarify law
6/97icon Responding to public records requests
5/97icon Waiver of liability
4/97icon Detachment of territory from a school district
3/97icon Good Friday - Can it be a holiday?
2/97icon Legal Comment update: Defamation of employees, Fair Labor Standards Act, drug and alcohol testing, and peer sexual harassment
1/97icon Health care reform
12/96icon Disciplining students with disabilities
11/96icon Tax-sheltered annuity plans: How much can employees contribute?
10/96icon Absenteeism and the completion of missed examinations and course work
9/96icon Supreme Court: Personnel records are public records
8/96icon Pupil discrimination and school mascots
7/96icon Administrative and professional employee exemption to the Fair Labor Standards Act
6/96icon Using the competitive bid process
5/96icon The standard for teacher license revocation
4/96icon Peer sexual harassment
3/96icon Control of curriculum curtails rights of speech
2/96icon Using force to maintain student discipline
1/96icon Juvenile justice code affects school districts
12/95icon Selected issues under age discrimination laws
11/95icon School administrator compensation
10/95icon Ratification of tentative agreements
9/95icon Federal laws address weapons in schools
8/95icon Supreme Court approves random drug testing for student athletes
7/95icon Military leave and employment rights
6/95icon Special education law - A primer (part 2)
5/95icon Special education law - A primer (part 1)
4/95icon Let me assure you... When substitute teachers are entitled to unemployment compensation during the summer months
3/95icon Control of school curriculum
2/95icon Election of school board members
1/95icon Selected issues under the Fair Labor Standards Act
12/94icon Regulating the conduct of students and nonstudents on school premises
11/94icon Defamation at public meetings
10/94icon Holidays in the schools
9/94icon Current developments in the application of the open meetings law
8/94icon Personnel evaluations
7/94icon Drug and alcohol testing for bus drivers
6/94icon Restricting police interviews of students in school
5/94icon Student distribution of religious literature
4/94icon Custom and past practice: "till death do us part" (part 2)
3/94icon Custom and past practice: "till death do us part" (part 1)
2/94icon Dealing with teachers' concerted activities
1/94icon Mandatory reporting of immoral conduct: License revocations under section 115.31
12/93icon Community service requirements for students
11/93icon Supreme Court allows public employee in parochial school
10/93icon Health and safety precautions for school districts
9/93icon Meeting or chance encounter? The Wisconsin Supreme Court interprets the open meetings law
8/93icon Locker searches approved
7/93icon Limiting employer liability through after-acquired evidence
6/93icon Non-duplication of insurance provisions found discriminatory
5/93icon Regulating advertisers in school publications
4/93icon The high price of sexual harassment
3/93icon Privacy: A primer
2/93icon Good laws save student from suicide
1/93icon On second thought: Reconsideration and rescission of school board action (part 2)
12/92icon On second thought: Reconsideration and rescission of school board action (part 1)
11/92icon Recall of school board members revisited
10/92icon Cleaner or custodian? Job classification systems and the Equal Pay Act
9/92icon Accessibility and the ADA
8/92icon Supreme Court outlaws graduation prayer
7/92icon Collecting liquidated damages for breach of teaching contracts
6/92icon Tax saving on construction projects
5/92icon Another Kinsey report
4/92icon Court gives choice a chance
3/92icon Look who's applying for superintendent
2/92icon What's in a name
1/92icon In special ed, parents have the last word
12/91icon Don't teach that to my child!
11/91icon Non-renewal for administrators
10/91icon Child abuse reporting: the buck starts here
9/91icon Bye, bye, bonding? New options for school construction
8/91icon Limiting liability for sexual harassment: Some quick lessons
7/91icon Summer schooling for children with disabilities
6/91icon A Kinsey report
5/91icon The private conference
4/91icon Teaching in religious dress
3/91icon Reemployment rights revisited
2/91icon Tech prep: Options for the forgotten half
1/91icon Arrest and conviction records: New developments
12/90icon Official (and unofficial) newspapers
11/90icon No taxation without representation (unless ordered by a federal judge)
10/90icon When teachers molest students, is the district to blame?
9/90icon Employment rights of guard and reserve members
8/90icon New developments in copyright law
7/90icon Supreme Court ruling on Equal Access Act opens Pandora's box
6/90icon What is a record under the public records law?
5/90icon School districts can offer tax-sheltered annuities
4/90icon Alcohol, drugs and discipline
3/90icon Defamation and job references: Zinda revisited
2/90icon Pay me now or pay me later: Implementing arbitraiton awards
Year 1980 - 1989
12/89icon Christmas and the constitution
11/89icon Section 1981: the other civil rights law
9/89icon Schools must know about 'right to know'
8/89icon Constructive discharge: When a resignation is not a resignation
7/89icon Employment discrimination: Mixed motives, mixed signals
6/89icon Student dress codes revisited
5/89icon Sex equity part of athletic program
4/89icon Hollywood, classroom standards clash
3/89icon Legislature writes new rules for disciplining students
2/89icon Searching the workplace: The search for guidelines continues
1/89icon State asks schools to foster day care
12/88icon Prayer at school-sponsored events: Think before you pray
11/88icon The legislature gets serious about school attendance
10/88icon Defamation and job references: Say something nice or nothing at all?
9/88icon Selecting textbooks: Courts uphold board authority
8/88icon Asbestos rules: Read 'em and weep
7/88icon Condemning property for school use: An option - at a price
6/88icon Campaign '88: Organizing unions part II
5/88icon Campaign '88: Organizing unions part I
4/88icon Court addresses negligence in hiring, supervising school employees
3/88icon Student speech in the curriculum
1/88icon Fair play: Equal pay for coaches
12/87icon Reducing staff: When in doubt, follow s. 118.22
11/87icon Ensuring impartial arbitration
10/87icon Exceptions allow accumulated surplus
9/87icon Fun and games in the schoolyard
8/87icon Liability for employee negligence, revisited
7/87icon Privilged communications: Coping with student use of alcohol, drugs
6/87icon Tuberculosis and teaching: Part II
5/87icon Tuberculosis and teaching: Part I
4/87icon Alcohol and the schools
3/87icon Liaibility: Recent cases reject pie-in-the-sky theories
2/87icon Open meetings revisited: Voting in closed session
1/87icon Congress amends Education of the Handicapped Act: Part II
12/86icon Congress amends Education of the Handicapped Act: Part I
11/86icon Court upholds regulating student use of vulgar language
10/86icon Ruling expands exceptions to discharging at-will employees
9/86icon Home-based education poses transfer questions
8/86icon Loudermill, due process and discharge
6/86icon Court decisions clarify residency questions
5/86icon Hudson: Making sure the share is fair
4/86icon Know limitations on voluntary use of competitive bidding
3/86icon A moment of silence in the schools: the Jaffree decision
2/86icon Court broadens remedies for student violence against faculty
1/86icon Congress amends Fair Labor Standards Act
12/85icon School board solicitation and administration of gifts and grants
11/85icon District may have to reimburse tuition for handicapped children
10/85icon Arrest or conviction records: FEA places limits on employer discretion
9/85icon Student and parental rights under the Hatch Amendments
8/85icon Furnishing alcohol to minors: Legal hangovers for hosts?
7/85icon Use of school facilities: Part II
6/85icon School boards and the use of school facilities: Part I
5/85icon In self defense: attorney fees for prevailing defendants may be recovered
4/85icon Will the circle be unbroken? Schools again subject to U.S. minimum wage/overtime law
3/85icon Searches and seizures in the school: A legal standard
2/85icon School districts may be liable for employee negligence
1/85icon Agencies may award interest and attorney fees in employment actions
12/84icon Wisconsin child abuse and neglect act requires reporting of suspected cases
11/84icon Answers to five common questions about release of pupil records
10/84icon Educating the older handicapped student: Part II: Diplomas and competency testing
9/84icon Educating the older handicapped student: Part I: when does a school district's obligation end?
8/84icon School districts may be responsible for negligent acts of their officers and employees
7/84icon Unions must assume duty of fair representation
6/84icon A delicate balance: Regulation of school theatrical productions
5/84icon Current issues in copyright law
4/84icon An introduction to the new copyright law
3/84icon Contractual umbrella provide shelter from tort liability
2/84icon Civil rights liabilities for boards are expanded
1/84icon Valid athletic codes must be reasonable
12/83icon School districts can offer employees deferred compensation
11/83icon Understanding the warranties in your computer purchase contracts
9/83