von Briesen’s School Law Section is unlike any other law firm service offering in Wisconsin. As a full-service law firm comprised of more than 200 professionals, von Briesen offers schools of all kinds and sizes a one-stop solution for any legal need. Our ability to handle any matter our clients face allows us to approach each issue with a higher level of understanding and efficiency and, in turn, to deliver more effective results. But more importantly, our capabilities allow clients to focus on their job rather than searching for the right law firm to call when a new issue arises. 

Our school law base is diverse and reflective of our broad capabilities. We serve public school districts, private and religiously affiliated schools, and charter schools of all sizes and backgrounds throughout Wisconsin. 

Whether serving as general counsel or on a special project basis, we partner with schools to provide timely, creative, efficient, and practical legal counsel aligned with each client’s mission and vision. With experience across the full spectrum of school law matters, von Briesen helps schools navigate complex issues with confidence.

Following are some of the areas in which we help schools 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
• Inappropriate relations with staff and others
• 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
• Gender identity

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 Family Medical Leave Act, 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

• District obligations with respect to 403(b) and 457 plans
• Non-discrimination testing
• 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 under HIPAA
• Financing for unfunded district post-retirement liabilities

Governance

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

Information Technology

• Cyber crime preparation and recovery
• Technology and acceptable use policies
• Social media use policies
• Artificial intelligence policies and issues
• 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 service and vendor contracts
• Negotiation of sponsorship agreements
• Technology and software agreements
• Dark fiber and related technology infrastructure agreements
• Transportation

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 RFPs 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 eminent domain
• School Resource Officer agreements