Publications

Charter schools are schools operated according to a contract, known as a “charter,” between the charter school and a school board or another authorizing entity. Charter schools receive public funding and are generally exempt from many state laws that apply to traditional public schools. According to Wisconsin’s Department of Public Instruction (DPI), charter schools were established in Wisconsin to “foster an environment for innovation and parental choice” and are intended to “exist as living laboratories that influence the larger public school system and introduce an element of competition within that system.”

Under current federal and state law, “hemp” is generally defined as the Cannabis plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol (THC) concentration of up to 0.3 percent on a dry weight basis. Since enactment of that definition in the federal 2018 Farm Bill and subsequently in 2019 Wisconsin Act 68, “hemp” is exempt from federal and state controlled substances laws that otherwise prohibit manufacture, delivery, and possession of marijuana and THC.  

Recently, Sec. 781 of P.L. 119-37 modified the federal definition of “hemp” that was created in the 2018 Farm Bill to, in part, specify substances and products that are either expressly included in or excluded from that definition, and thus either exempt from or covered by federal controlled substances laws. However, such changes do not take effect until November 12, 2026. This issue brief describes the pending substantive changes to the federal definition of “hemp” and discusses the effect of those pending changes on the legality of hemp under Wisconsin law, as well as other practical effects.

Prospective employers commonly require applicants to supply names of previous employers for the purpose of contacting those previous employers to obtain information about the applicant. However, former employers are often hesitant to provide information about prior employees due to the perceived risk of potential liability. Instead, former employers have shifted toward practices to minimize such risk—for example, declining to respond or providing a neutral response with limited information, such as name, position, title, dates of employment, and salary.

While Wisconsin law presumes that an employer makes references in good faith and the law provides protection from liability for such good faith references, the presumption of good faith can be rebutted, and, depending on the circumstances, an employer could be held liable for making a reference. This issue brief summarizes current law related to employment references, including the most common legal claims related to references that could result in liability for an employer.

Drone flight for commercial, recreational, and governmental purposes continues to expand. For lawmakers considering drone legislation, it is important to understand the existing legal framework for drone use. This information memorandum provides an overview of certain federal, state, and municipal regulations pertaining to drones. It also discusses preemption by federal and state law.

State law contemplates, but does not require, four-year-old kindergarten (4K) programs in public schools. This issue brief discusses the various approaches to 4K programs that currently exist in Wisconsin, if a school board opts to provide a 4K programs. This issue brief also summarizes a recently-enacted program that, as an alternative to school-sponsored 4K programs, provides funds to child care providers for instructional programming to four-year-old children, if certain conditions are met.

Like other states,  Wisconsin’s child welfare laws include a “safe haven” law, which allows a parent to relinquish custody of a newborn child under methods that provide immediate care for the child’s health and safety. Wisconsin’s safe haven law grants the relinquishing parent and any person assisting the parent both anonymity and immunity from liability and specifies certain procedures and protections for the person who receives a relinquished child. This issue brief summarizes Wisconsin’s safe haven law and the subsequent child welfare procedures that may apply.

Each child in Wisconsin between the ages of four and 20 is entitled to a free, public education. If a child has special educational needs, he or she is also entitled to an individualized education program designed to meet the child’s needs and educate the child to his or her greatest potential.
   
Generally, children attend schools that are located within the school district where they reside. However, under Wisconsin’s open enrollment laws, a child may attend a school that is located in a different school district following an application process, unless his or her application is denied for one or more statutorily established reasons.

While a school board has broad authority to determine its district’s course of study, state law requires that course of study to account for and include several specific topics. Generally, each school board is required to provide an instructional program designed to enable students to meet statutorily specified educational goals related to academic skills and knowledge, vocational skills, citizenship, and personal development. This issue brief outlines the various other requirements related to curriculum and instruction in public schools in Wisconsin.