Below are our latest posts regarding the coronavirus pandemic.
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School Law FYI
Boardman Clark previously reported on the Department of Public Instruction’s (“DPI”) guidance document COVID-19 Special Education Question and Answer Document (“Question and Answer Document”): Guidance for Public School Districts Serving Students with Disabilities During the Current Closure Related to COVID-19 and Department of Public Instruction Updates COVID-19 Special Education Guidance. DPI published several recent updates to the Question and Answer Document with new information regarding compensatory or recovery services, requests for education records, evaluations, extended school year, use of the “I-10,” planning for additional school closures, and in-home special education services. The updates to the Question and Answer Document are summarized below and the full version of DPI’s guidance may be found here: COVID-19 Special Education Question and Answer Document.
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School Law FYI
Unemployment compensation issues continue to be tricky to navigate, and COVID-19 has thrown its own wrinkles into the mix. This article is intended to remind districts to issue notices of reasonable assurance at the end of this academic year.
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School Law FYI
On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law. This law funds a variety of programs. One such program provides tax credits to employers that voluntarily provide certain types of paid leave to employees. The big change for school districts is that beginning April 1, 2021, for the first time, districts will be eligible for tax credits to cover some of the costs of this leave.
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School Law FYI
Review of the Debrief Meeting Requirement and Analysis of Significant IDEA Complaint Decisions
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School Law FYI
The Consolidated Appropriations Act of 2021 (Act) was signed into law by President Trump on Sunday, December 27, 2020. While the Act made changes to the to the Families First Coronavirus Relief Act (FFCRA), it does not extend the mandatory leave portion of the FFCRA. Therefore, as of January 1, 2021, employers will no longer be required to provide the mandatory Emergency Paid Sick Leave (EPSL) or Emergency paid FMLA leave (EFMLA) under the FFCRA.
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School Law FYI
Boardman Clark previously reported on the Department of Public Instruction’s (DPI) guidance document COVID-19 Special Education Question and Answer Document (Question and Answer Document). Recently, DPI made significant updates to the Question and Answer Document and those revisions address issues regarding students with disabilities who are unable to wear face coverings, how districts can conduct appropriate specific learning disability (SLD) evaluations in virtual environments, providing choice of educational environments (virtual versus in-person) to students with disabilities, and changes of placement when school closures are not mandated.
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School Law FYI
Public Health Madison & Dane County has issued a number of Emergency Orders over the last couple weeks including Emergency Order #7, which took effect at 8:00am on July 2, 2020 and Emergency Order #8 which takes effect at 8:00 a.m. on July 13, 2020. (all the changes are cumulative and found in the most recent Order #8).
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School Law FYI
On May 29, 2020, the Department of Public Instruction (DPI) issued much-anticipated and much-needed guidance regarding the provision of “additional services” to students with disabilities who regressed or made insufficient progress during extended school closures such as those caused by the COVID-19 pandemic.
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School Law FYI
On May 13, 2020, the Wisconsin Supreme Court, by a 4 to 3 decision, declared that Emergency Order 28 is “unlawful, invalid, and unenforceable,” effective immediately.
However, most notable for school districts, the Court stated in footnotes that its decision does not apply to Section 4.a. of Emergency Order 28. Section 4.a. indicates that “[p]ublic and private K-12 schools shall remain closed for pupil instruction and extracurricular activities for the remainder of the 2019-2020 school year."
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School Law FYI
This latest article outlines the most significant topics contained in FAQs #89-93. As we have previously advised, the DOL is continually updating these FAQs without advance notice. The following is a description of the DOL’s FAQs as they appeared on May 7, 2020. Because the DOL’s FAQ responses are subject to change, school districts seeking the latest guidance on the FFCRA should consult with their attorney to ensure they are reviewing the latest and most accurate DOL guidance.
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