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About School Law

The School Law Team at von Briesen & Roper, s.c. is uniquely qualified to provide the solution to all of a school district’s legal needs. For more than fifty years, we have delivered client-driven results to school districts throughout Wisconsin. Our team’s depth and breadth of experience allows us to understand the unique challenges facing school districts today and help our clients become true leaders and innovators. Whether we are called upon to serve a school district as general counsel or on a special project basis, our guiding principle is to serve school districts creatively and efficiently while following the school district’s mission and vision.

The following are a sample of the areas in which we have helped our school district clients excel in an ever-changing regulatory, revenue and operational climate:

Student Issues

  • Special Education, including IDEA and Section 504
  • Confidentiality and privacy issues including HIPAA and FERPA
  • Drafting of student disciplinary codes
  • Investigation of student misconduct
  • Student expulsions and other discipline
  • Title IX issues
  • Accommodation of students with disabilities
  • Open Enrollment
  • Tuition Waivers
  • Athletic and extra-curricular codes
  • Student searches

Labor and Employment

  • Development and maintenance of administrative and employee handbooks and grievance procedures
  • Prevention and defense of discrimination and harassment claims
  • FLSA compliance
  • Investigation of employee misconduct
  • Counsel and recommendation regarding employee discipline and termination
  • Teacher and administrator contracts and nonrenewal
  • Employment practices training
  • Defense of employee litigation claims
  • Counsel regarding the Family Medical Leave Act, the Americans with Disabilities Act and workers’ compensation
  • Total base wage bargaining
  • Employee grievances under the district’s grievance procedure
  • Assignment letters for co-curricular services including for coaches and advisors
  • Independent contractor analysis and guidance for positions in the district

Employee Benefits

  • Development of language for benefit programs in employee handbooks
  • Addressing post-retirement benefits, vested benefit claims and funding for post-retirement benefits
  • Early retirement issues
  • District obligations with respect to 403(b) plans
  • District obligations under HIPAA
  • Exploring financing for unfunded district post-retirement liabilities

Governance

  • Development and maintenance of Board policies
  • Public records and open meetings guidance
  • Training in policy governance
  • School district reorganization and boundary adjustments
  • Risk management
  • Support for district annual and special meetings Parliamentary procedure for board meetings

Information Technology

  • Technology and acceptable use policies
  • Social media use policies
  • Technology transfer issues
  • Electronic and paper records destruction policies
  • Technology and software agreements
  • Copyright and trademark issues

Constitutional Issues

  • Freedom of speech claims
  • Liberty interest claims
  • Student and employee searches
  • Civil rights

Contracting

  • Negotiation of contracts for the purchase of goods and services including energy performance contracts
  • Technology and software agreements
  • Dark fiber and related technology infrastructure agreements

Construction and Land Use

  • Real estate purchases and sales
  • Environmental regulations, compliance and claims
  • Zoning and land development
  • Preparation of construction contracts
  • Construction litigation claims
  • Assist in preparation of Requests for Proposals for professional services for construction management, architectural services and assistance in project specifications and negotiate contracts for those services
  • Development of change order methods

Finance

  • Bonds and other debt instruments
  • Service as special disclosure counsel
  • Analysis of referendum questions


Other Services

  • Establishing on-site and near-site health clinics
  • Intergovernmental cooperation agreements
  • Shared service agreements
  • Boundary disputes and processes