Stan JOHNSON, Karla Thurow, Thomas McLaughlin, and Wisconsin Education Association Council, Plaintiffs-Appellants,
v.
Elizabeth BURMASTER, Defendant-Co-Appellant,
Northern Ozaukee School District, Northern Ozaukee School District Board of Education, Jeffrey M. Lallensack, and Walter Clarke, K12 Inc., Defendants-Respondents,
Mark Gundrum And Mary Gundrum, And Their Children, J.G. and B.G., Stephen McManus and Moira McManus, and their child, K.M., Joel Jensen and Carrie Jensen, and their child, NJ., Scott Kulla and Mary Kulla, and their children, C.K. and G.K, Thomas Magnor and Mary Magnor, and their children, A.M., B.M. and E.M., Brion Collins and Jennifer Collins, and their child, E.C., Daniel Fritz and Jennifer Fritz, and their child, M.F., Jeffrey A. Morris and Louise J. Morris, and their child, J.M., Mark M. Mejac and Marie Mejac, and their child, P.M., Intervening Defendants-Respondents.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral Argument October 30, 2007.
Opinion Filed December 5, 2007.
Attorney(s) appearing for the Case
On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of and oral argument by Lucy T. Brown of Wisconsin Education Association Council of Madison.
On behalf of the defendant-co-appellant, the cause was submitted the brief of Peggy A. Lautenschlager and J.B. Van Holler, attorneys general, and Paul L. Barnett, assistant attorney general. There was oral argument by Paul L. Barnett.
On behalf of the defendants-respondents, the cause was submitted on the briefs of Alyson K. Zierdt of Davis & Kuelthau, S.C., and Jay P. Lefkowitz, Michael D. Shumsky, Jeffrey B. Wall, and Derek S. Bentsen of Kirkland & Ellis, LLP, Washington, D.C. There was oral argument by Jay Lefkowitz.
On behalf of the intervening defendants-respondents, the cause was submitted on the briefs of and oral argument by Michael D. Dean of Michael D. Dean, LLC, Waukesha.
A nonparty brief was filed by Christopher C. Mohrman of Micheal Best & Friedich, LLP, of Milwaukee, for the Wisconsin Coalition of Virtual School Families, Inc.
A nonparty brief was filed by William M. Conley and John D. Myer of Foley & Lardner, LLP, of Madison for Cooperative Educational Service Agency # 9.
Before BROWN, C.J., ANDERSON, P.J., and NETTESHEIM., J.
Court of Appeals of Wisconsin.
¶ 1 BROWN, C.J.
Wisconsin Virtual Academy (WIVA) is a charter school established by the Northern Ozaukee School District. Though WIVA's administrative offices are within district boundaries in Fredonia, it serves pupils across the state by providing curricular materials to them in their homes via internet, and mail. WIVA employs several certified teachers who also live throughout the state and have email, telephone and some internet-based contact with the pupils...
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