2005 - 2006 LEGISLATURE
August 30, 2005 - Introduced by Representatives Jeskewitz, Kerkman, Lothian,
Ott, Lehman, Fields, Davis, Owens, Townsend, Pope-Roberts and Turner,
cosponsored by Senators Kedzie, Coggs, Carpenter, A. Lasee, Wirch, Brown,
Zien, Roessler and
Lassa. Referred to Committee on Education.
1An Act to amend
118.164 (2) and 120.13 (1) (a) (intro.); and to create
118.02 (18) 2
and 118.46 of the statutes; relating to: school policies on bullying.
Analysis by the Legislative Reference Bureau
This bill directs the Department of Public Instruction (DPI) to develop a model
school policy on bullying. The policy must define bullying, prohibit pupils from
bullying, and provide penalties for bullying. The policy must also include procedures
for reporting bullying and for investigating such reports. The bill also directs DPI
to develop a model education and awareness program on bullying.
The bill directs each school board to adopt a policy prohibiting bullying. The
school board may adopt DPI's model policy. Once each year, the school board must
distribute the policy to all pupils enrolled in the school district and to their parents.
In addition, upon the occurrence of a bullying incident, the school board must
distribute the policy to all pupils involved in the incident and to their parents.
Finally, this bill adds Wednesday of the fourth week in September, Bullying
Awareness Day, to the list of special observance days for schools.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB647, s. 1
118.02 (18) of the statutes is created to read:
Wednesday of the 4th week in September, Bullying Awareness Day.
AB647, s. 2
118.164 (2) of the statutes is amended to read:
Subject to 20 USC 1415
(k) and beginning August 1, 1999, a teacher 4
may remove a pupil from the teacher's class if the pupil violates the code of classroom 5
conduct adopted under s. 120.13 (1) (a) or is dangerous, unruly or disruptive or 6
exhibits behavior that interferes with the ability of the teacher to teach effectively, 7
as specified in the code of classroom
conduct. The teacher shall send the pupil to the 8
school principal or his or her designee and notify the school principal or his or her 9
designee immediately of the reasons for the removal. In addition, the teacher shall 10
provide to the principal or his or her designee within 24 hours after the pupil's 11
removal from the class a written explanation of the reasons for the removal.
AB647, s. 3
118.46 of the statutes is created to read:
13118.46 Policy on bullying. (1)
By March 1, 2006, the department shall do 14
all of the following:
(a) Develop a model school policy on bullying. The policy shall do all of the 16
1. Define bullying to include harassment and intimidation.
2. Prohibit pupils from bullying and provide penalties for bullying.
3. Include a procedure for reporting bullying that allows reports to be made 20
4. Prohibit reprisals for reporting bullying and provide penalties for such 22
5. Include a procedure for investigating reports of bullying. The procedure 24
shall identify the school district employee in each school who is responsible for
conducting the investigation and require that the parent or guardian of each pupil 2
involved in a bullying incident be notified.
6. Require school district officials and employees to report incidents of bullying 4
and identify the persons to whom the reports must be made.
7. Identify when and where the policy applies.
(b) Develop a model education and awareness program on bullying.
(c) Post the model policy under par. (a) and the model program under par. (b) 8
on its Internet site.
By August 15, 2006, each school board shall adopt and include in its code 10
of conduct a policy prohibiting bullying. The school board may adopt the model policy 11
under sub. (1) (a). The school board shall provide a copy of the policy to any person 12
who requests it. Annually, the school board shall distribute the policy, separately 13
from its code of conduct, to all pupils enrolled in the school district and to their 14
parents or guardians. Upon the occurrence of a bullying incident, the school board 15
shall distribute the policy to all pupils involved in the incident and to their parents 16
AB647, s. 4
120.13 (1) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Make rules for the organization, gradation and 19
government of the schools of the school district, including rules pertaining to conduct 20
and dress of pupils in order to maintain good decorum and a favorable academic 21
atmosphere, which shall take effect when approved by a majority of the school board 22
and filed with the school district clerk. Subject to 20 USC 1415
(k), the school board 23
shall adopt a code to govern pupils' classroom
beginning in the 1999-2000
. The code shall be developed in consultation with a committee of school 25
district residents that consists of parents, pupils, members of the school board, school
administrators, teachers, pupil services professionals and other residents of the 2
school district who are appointed to the committee by the school board. The code of 3classroom
conduct may provide different standards of conduct for different schools 4
and may provide additional placement options under s. 118.164 (3). The code shall 5
include all of the following: