By: Attorney Adam Schleis

The ability to attend school and receive a quality education is a right provided to all children in the United States. However, this right can sometimes be affected by disciplinary matters that cause school officials to believe that a student should be removed from school. In Wisconsin, specific procedures must be followed before a student can be expelled, and parents may need to take steps to defend their child and ensure that they will still be able to attend school and receive an education. With the help of an attorney, parents can make the correct arguments in expulsion hearings, and if necessary, they can file an appeal on their student's behalf. By understanding the laws that affect school expulsions, the grounds for discipline in these cases, and the legal procedures that will be followed, parents can make sure their children's rights will be protected throughout every step of the process.

Expulsion Procedures in Wisconsin

In Wisconsin, only school boards have the power to expel students from school. A school may issue a suspension of up to five days, and a student may be suspended for up to 15 days pending an expulsion. Any other long-term period in which a student will not be allowed to attend school is considered an expulsion. If officials believe an expulsion is warranted, an expulsion hearing will be scheduled, and notice of this hearing will be provided to the student and their parent or guardian at least five days in advance. The notice must state the specific grounds for expulsion, which may include:

As COVID-19 vaccines are being provided to people throughout the state of Wisconsin, Governor Tony Evers has issued a new emergency order requiring the state's residents to use masks or other face coverings whenever they are indoors or in an enclosed space and around people who are not members of their immediate family. This order comes as part of the state's effort to administer vaccines. Since the supplies of vaccines are limited, health care workers have been given the top priority for vaccinations, and the state has also begun administering vaccines to first responders. People over the age of 65 will be prioritized in the next round of vaccines. By continuing to wear masks and practice social distancing, Wisconsinites can remain safe until everyone has had the chance to be vaccinated. For more information, please visit the state of Wisconsin's COVID-19 web page. Here is Gov. Evers' press release:

Gov. Evers Announces New Public Health Emergency, Issues New Face Coverings Order as State Continues Vaccine Distribution 

MADISON — Gov. Tony Evers today signed Executive Order #104 and Emergency Order #1 establishing a new statewide public health emergency and face coverings requirement, respectively, as the state continues to expand vaccination distribution across the state. Executive Order #104 is available here and Emergency Order #1 is available here. 

“We’re working every day to get vaccines distributed and get shots in arms to get our state back to some sort of normal,” said Gov. Evers. “At the end of the day, vaccine supplies are limited, so while we continue to ask the federal government for more vaccines and faster, we have to keep working together to stop the spread today by continuing wear our masks, staying home whenever we can, avoiding gatherings, and doubling down on our efforts to keep our friends, neighbors, and families safe.”

As of today, Wisconsin has administered 248,185 vaccines across the state and began administering vaccines in Phase 1B to first responders and law enforcement earlier this week. The Department of Health Services (DHS) also announced Wisconsinites 65 years or older will be eligible for the vaccine starting Mon., Jan. 25, 2021. There are approximately 700,000 Wisconsin residents 65 years or older that would be eligible for the next round of vaccines, therefore it will take time to get through this group and will be dependent on the number of vaccines provided by the federal government. 

President Biden signed an executive order on January 21, 2021 mandating mask usage in airports and on many planes, trains, ships, and intercity buses. This is part of a new strategy announced after his inauguration to confront the coronavirus pandemic that has killed more than 405,000 people in the United States. Learn more here.

For up-to-date information about Wisconsin’s COVID-19 response, visit the DHS COVID-19 webpage. We also encourage you to follow @DHSWI on Facebook and Twitter, or dhs.wi on Instagram for more information on COVID-19.

Due to an unprecedented number of COVID infections, hospitalizations, and deaths in Wisconsin, Governor Tony Evers has issued a new emergency order stating that indoor public gatherings must be limited to 25% or less of a room or building's public occupancy capacity. This order applies to all locations that are open to the public, including stores, restaurants, businesses, and ticketed events. The governor also urged Wisconsinites to stay home whenever possible, wear masks, wash their hands frequently, get tested following exposure to COVID-19 or after experiencing any symptoms, and receive flu shots. Please visit the state of Wisconsin's COVID-19 dashboard for more information about how the state has been affected by the pandemic. Here is Gov. Evers' press release:

Due to a sharp increase in the number of COVID-19 cases in Wisconsin, Governor Tony Evers has declared a new public health emergency in addition to the previous emergency declaration made on July 30. This surge in cases has mostly affected people between the ages of 18 and 24, including those on college campuses and who have attended social gatherings. To address these concerns Gov. Evers also issued an executive order requiring Wisconsin residents who are five years old or more to wear masks or other face coverings whenever they are indoors or in enclosed spaces with people other than those in their household or family. Here is Gov. Evers' press release:

Gov. Evers Declares New Public Health Emergency Due to Campus Outbreaks, Issues New Face Coverings Order

MADISON — Gov. Tony Evers today declared a new public health emergency in Wisconsin due to recent surge in cases among young people and issued a new face coverings order effective immediately. Executive Order #90 is available here. Emergency Order #1 is available here. Both orders are effective immediately and will expire after sixty days or with a subsequent superseding order. The governor previously declared a public health emergency under Executive Order #82, which remains in effect.

By Attorney Ray Dall’Osto and Attorney Erin Strohbehn

Wisconsin once again is facing a misguided attempt to stop practical and essential public health measures and overturn orders issued by Governor Evers and his administration to help Wisconsin get through the unprecedented COVID-19 pandemic. Unfortunately, our state supreme court (unlike courts in almost every other state) did just that by a 4-3 majority earlier this Spring. Now, a conservative law group has filed a suit seeking to overturn the Governor’s mask order.

An article in Harvard Law Today from May 2020, written by Peter Brann, the former Maine state solicitor, and James Tierney, a former Maine attorney general, says it all.