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May 14, 2008 
Freedom Note - May 12, 2008
4 Year Virtual School Battle is Finally Over
 
Greetings!  

In This Issue:
 
1.  "Our Long Virtual Nightmare is Over"

2.  WIVA Case History:  What Really Happened

3.  Open Letter From FFF About Court of Appeals Decision

4.  2007 Wisconsin Act 222
 
Any information contained within this newsletter can be found on our website www.firstfreedomsfoundation.org
 
Long Virtual Nightmare is Over 
 
by Mike Dean
 
           On May 6, 2008, Ozaukee County Judge Joseph McCormack's clerk entered a stipulated final judgment in
Johnson v. Burmaster, Case No. 2204 CV 0012, quietly ending the 4 year struggle of thousands of Wisconsin parents and children to preserve the virtual schools that had proven so successful both for them and for the exceptional districts and teachers that created and taught in them. First Freedoms Foundation ("FFF") represented the family of State Rep. Mark Gundrum and 8 other families who intervened in the case to protect the interests of virtual school parents and students against Wisconsin's "education establishment." The case was still pending in the Wisconsin Supreme Court when the legislature finally acted to end the dispute. The judgment states that "The parties and the Court agree that the recent enactment of 2007 Act 222 obviates the need for injunctive relief from this Court."  Read More
 
"Our Long Virtual Nightmare is Over" can be read at FirstFreedomsFoundation.org
WIVA Case History: What Really Happened. 
 
Read the parents argument in the court of appeals, the court's decision, and Mike Dean's article in published by Heartland Institute.
 
Appellate Brief submitted by FFF. Read Here
 
Court of Appeals decision. Read Here
 
Article published in School Reform News by Mike Dean regarding the WIVA case. Read Here
 
Open Letter From FFFMailman
About Court of Appeals Decision
 
Dear Reader -
 
In Johnson v. Burmaster, WEAC alleged that parents were "teaching" their own children illegally in a public school without being state-certified. (I addressed only the certification issue, the district addressed the other issues.) WEAC and DPI urged the broadest possible definition of "teaching" (Admin. Code PI 34.01) to ensure they caught as much parent activity as possible within that definition.
2007 Wisconsin Act 222
 

2007 Wisconsin Act 222 is legislation signed by Govenor Doyle on April 7, 2008 that allows virtual schools to continue teaching students of Wisconsin.  Act 222 resolves three issues presented in Johnson v. Burmaster:

(1) It permits students residing outside a virtual school district to attend the school through the open enrollment process.

(2) It specifically authorizes school districts to create virtual charter schools. 
 
(3) It authorizes standards and requirements for certified teachers employed to teach in virtual schools, but does not require licensure or regulation of parents or others who provide "instructional services" to students. 
 
Act 222 also requires DPI to conduct an ongoing study and evaluation of virtual charter schools, and imposes a total statewide enrollment cap of 5,250 students.
 

If not for the leadership in the legislature, Wisconsin virtual schools could very well of gone the way of extinction. First Freedoms Foundation commends those in the legislature who fought to keep virtual schools doors open. Without the efforts and leadership of the State Legislature and DPI, Wisconsin virtual schools would never have flourished making Wisconsin, once again, a national leader in the ways of educational alternatives. 

 
2007 Wisconsin Act 222. Read Here
 
2007 WI Act 222 Supported by Many
 
Legislation regarding virtual schools drew the attention and support of many organizations.
 
Wisconsin Coalition of Virtual School Families organized a rally of over 1100 members at the State Capitol to encourage legislature to vote in favor of keeping virtual schools open.
 
Wisconsin Charter School Association followed proposed legislation regarding the future of virtual schools closely.
 
Wisconsin School Board Association supported 2007 WI Act 222.
 
Wisconsin Taxpayers Alliance recently published research regarding the growth of virtual schools in Wisconsin over the next five years. Read the press release. Request a copy of report.
Who is First Freedoms Foundation?
LargeFirst Freedoms Foundation is a 501(c)(3) non-profit foundation whose mission is to defend historic civil liberties and constitutional principles through public interest litigation and education. 
FFF's goals are to defend core freedoms and constitutional principles in court and to educate the public about constitutional rights and principles, the impact of the judicial branch and court decisions, and the importance of judicial elections and appointments.
 
If you would like to learn more about FFF please go to the website at www.firstfreedomsfoundation.org or click on the logo.
 
Join Our Mailing List 
In This Issue
"Our Long Virtual Nightmare is Over"
WIVA Case History
Open Letter from FFF
2007 Wisconsin Act 222
Who is First Freedoms Foundation?
FREEDOM IN THE DOCKET
Johnson v Burmaster
Wis. App. Case No. 2006 AP 1380
Swaffer v Deininger East. Dist. Case No. 08-C-0208
Siefert v Alexander
West. Dist. Case No. 08-C-0126-C
Bhandari v Nilsestuen
Dane County Case No. 2007 CV 2226
Helgeland v DETF
Wis. App. Case No. 2005 AP 002540
 
Sincerely,

Mike Dean

General Counsel
First Freedoms Foundation, Inc.
Info@firstfreedomsfoundation.org