Tess is a partner in the School Law Practice Group and provides legal consultation to school districts, charter schools, and postsecondary institutions in a broad range of areas including special education and disability law, policy development, student-related issues, and corporate organization. In addition, Tess is a frequent speaker and provides consultation on the issue of food allergies and the law. Tess is also a member of the Litigation Practice Group, providing litigation support in federal, state, and administrative actions, and she co-chairs the Nonprofit Practice Group, assisting small nonprofits with organization and governance issues.
Admitted to Practice
- Wisconsin State Courts
- United States District Court of the Western District of Wisconsin
Representative Work
- Successfully defended school districts and technical colleges in OCR complaints involving: retaliation, disability discrimination, and website accessibility
- Successfully defended school districts in state IDEA complaints involving: seclusion and restraint, child-fund, expulsion, manifestation determination reviews, and IEP Development
- Successfully defended school districts in due process complaints resolving most on summary judgement briefing
- Drafted corporate governance documents and 501(c)(3) applications for many Wisconsin charter schools
- Assisted school districts in successfully mediating issues related to special education and Section 504
Presentations, Publications, & Contributions
- Author:
- "Legal Comment: Website and Educational Technology Accessibility," Wisconsin School News, June/July 2016
- "Legal Comment: Accommodating Parents and Visitors with Disabilities in Schools," Wisconsin School News, September 2013
- "Legal Comment: Seclusion and Restraint," Wisconsin School News, March 2013
- "The ADAAA: Key Changes to Disability Law," Wisconsin Lawyer, May 2012
- Presenter:
- "Accommodating Disabilities in Higher Education: Requirements Under Section 504 and the ADA," Education Admin Web Advisor, April 2017
- "Accommodating Disabilities in Higher Education: What to Expect in 2017!" Education Admin Web Advisor, March 2017
- "Addressing Unemployment Compensation Standards," Wisconsin Technical College System, HR Leadership Program, March 2017
- "Addressing Transgender Issues For Students and Employees," Wisconsin Technical College System, HR Leadership Program, July 2016
- "The ADA and Section 504: A Review of Critical Compliance Issues in Higher Education," AHEAD Spring Conference, April 2016
- "OCR Compliance: Knowing What Triggers an OCR Investigation and How to Respond When it Happens," AHEAD Spring Conference, April 2016
- "Section 504 Current Compliance Issues," WCASS Winter Conference, February 2016
- "What's Trending in the Department of Education's Office for Civil Rights," CESA 2 - RSN, December 2015
- "Serving Students with Mental Health Issues," WCASS Spring Conference, May 2016
- "Nuts and Bolts of Disciplining Students with Disabilities," WCASS, May 2015
- "Accommodating Students with Concussions," CESA 2, April 2015 (May 2015)
- "Legal Updates for Higher Education," Wisconsin Technical College System, April 2015, November 2014 & April 2014
- "K-12 Special Education and Disability Law Requirements," Training Series, March 2014
- "Nuts and Bolts of the IDEA," Education Admin Web Advisor, January 2014
- "Establishing the Framework: IDEA, Section 504 and ADA," Education Admin Web Advisor, January 2014
- "School Actions (or Inaction) that can Result in Legal Entanglements," NBI November 2013
- "Legal Highlights for Charter School Planning Grantees," DPI, October 2013
- "Wisconsin's Seclusion and Restraint Law: Implementation and Issues," Boardman Clark School Law Seminar, November 2012
- "Food Allergies and the Law," Webcast, Wisconsin State Bar Association, October 2010
- Articles Cited In:
- "Adult Peanut Allergies Present Workplace Challenges," LIZ NEPORENT, ABC News National, -- abcnews.go.com, April 2013
- "Lesley U. Decision: A Victory for Allergy," Celiac Access, Allergic Living, March 2013
- "We must create a national policy to protect and manage food allergic students at school," Annals of Allergy, Asthma & Immunology, August 2012
- "Helping Families Manage Food Allergy in School," Medscape Pediatrics, July 2011
Community Involvement & Board Memberships
- Wisconsin School Attorneys Association, Board of Directors
- Court Appointed Special Advocates (CASA), Former Member, Board of Directors
- Verona Area Community Theater (VACT), Former Member, Board of Directors
- Lily's Fund for Epilepsy Research
- Porchlight, Inc., Former President and Member, Board of Directors
- Dane County Bar Association, Former Member, Board of Directors
- Verona Public Library, Former Member, Board of Directors
Professional Memberships
- Wisconsin School Attorneys Association
- Wisconsin Council of Administrators of Special Service
- Wisconsin Association of School Boards
- Dane County Bar Association
Education
- J.D., cum laude, University of Wisconsin Law School, 1993
- B.A., cum laude, Marquette University, 1990
Experience
- Judicial Clerk, Late Honorable Justice William A. Bablitch, Wisconsin Supreme Court, 1993-1995
Tess’s Latest Writing & Presentations
New Eligibility Criteria for Emotional Behavioral Disability, Deaf, Blind, and Deafblind Now in Effect
School Law FYI | 12.20.21
The administrative rules addressing special education eligibility criteria for two different educational disabilities were recently revised and a newly added disability category is now in effect. The revised PI 11.36 (Areas of Impairment), modifies the definition of the categories of blind and visually impaired and deaf and hard of hearing (DHH) and further modifies the evaluation requirements associated with each of those disability categories. Also, the revised rules add a new required Individualized Education Program (IEP) team member when determining eligibility for deaf and hard of hearing.