Date of enactment: March 26, 2018
2017 Assembly Bill 843   Date of publication*: March 27, 2018
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2017 WISCONSIN ACT 143
An Act to repeal 115.33 (4), 118.035 (5), 118.07 (4) (a) 2., 118.38 (4), 118.51 (4) (a) 4., 118.51 (6), 118.51 (7) (a) and 121.91 (5) (b); to renumber 118.51 (7) (b) and 121.91 (5) (a); to renumber and amend 118.07 (4) (a) 1.; to amend 51.17 (2), 115.28 (43), 118.07 (4) (b), 118.07 (4) (d), 118.07 (5), 118.126 (1) (c), 118.126 (2), 118.51 (3) (a) 4., 118.51 (9), 118.57 (2), 119.04 (1), 904.085 (4) (d), 905.045 (4) and 905.06 (4); and to create 15.253 (3), 20.455 (2) (f), 20.455 (2) (im), 20.923 (4) (c) 6., 118.07 (4) (bm) 1., 118.07 (4) (bm) 3., 118.07 (4) (cf), 118.07 (4) (cm), 118.07 (4) (cp), 118.07 (4) (e), 146.816 (2) (b) 5., 165.28, 165.88, 175.32, 230.08 (2) (wc) and 905.04 (4) (em) of the statutes; relating to: school safety; open enrollment; repealing outdated or expired reporting requirements; tuberculosis screening; providing an exemption from rule-making procedures; providing a criminal penalty; and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
143,1 Section 1. 15.253 (3) of the statutes is created to read:
15.253 (3) Office of school safety. There is created an office of school safety. The director of the office shall be appointed by the attorney general.
143,2 Section 2 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table PDF
143,3 Section 3 . 20.455 (2) (f) of the statutes is created to read:
20.455 (2) (f) School safety. As a continuing appropriation, the amounts in the schedule to provide grants under s. 165.88 (2).
143,4 Section 4 . 20.455 (2) (im) of the statutes is created to read:
20.455 (2) (im) Training to school staff. All moneys received from fees collected under s. 165.28 (3) to provide training to school staff under s. 165.28 (3).
143,5 Section 5. 20.923 (4) (c) 6. of the statutes is created to read:
20.923 (4) (c) 6. Justice, department of: director of the office of school safety.
143,6 Section 6 . 51.17 (2) of the statutes, as created by 2017 Wisconsin Act 140, is amended to read:
51.17 (2) Authorization. Any health care provider, as permitted by s. 146.816 (2) (b) 4. or 5., and any law enforcement officer may make a disclosure of information evidencing that an individual poses a substantial probability of serious bodily harm to any other person in a good faith effort to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
143,6j Section 6j. 115.28 (43) of the statutes is amended to read:
115.28 (43) School safety funding. With the department of justice, seek and apply for federal funds relating to school safety and reducing violence and disruption in schools, including funds for alternative schools or programs. Each department shall make a report by January 1, 2001, and January 1, 2003, of its progress in applying for and obtaining funds under this subsection. The report shall be provided to the legislature in the manner provided under s. 13.172 (2) to the cochairpersons of the joint committee on finance and to the governor.
143,6p Section 6p. 115.33 (4) of the statutes is repealed.
143,6r Section 6r. 118.035 (5) of the statutes is repealed.
143,7 Section 7. 118.07 (4) (a) 1. of the statutes is renumbered 118.07 (4) (a) and amended to read:
118.07 (4) (a) Each school board and the governing body of each private school shall have in effect a school safety plan for each public or private school in the school district within 3 years of May 27, 2010.
143,8 Section 8. 118.07 (4) (a) 2. of the statutes is repealed.
143,9 Section 9. 118.07 (4) (b) of the statutes is amended to read:
118.07 (4) (b) A school safety plan shall be created with the active participation of appropriate parties, as specified by the school board or governing body of the private school. The appropriate parties may include the department of justice, local law enforcement officers, fire fighters, school administrators, teachers, pupil services professionals, as defined in s. 118.257 (1) (c), and mental health professionals. Before creating or updating a school safety plan, a school board or governing body of a private school shall, in consultation with a local law enforcement agency, conduct an on-site safety assessment of each school building, site, and facility that is regularly occupied by pupils. The on-site assessment shall include playgrounds, athletic facilities or fields, and any other property that is occupied by pupils on a regular basis.
(bm) A school safety plan shall include general all of the following:
2. General guidelines specifying procedures for emergency prevention and mitigation, preparedness, response, and recovery. The plan shall also specify the
4. The process for reviewing the methods for conducting drills required to comply with the plan.
143,10 Section 10. 118.07 (4) (bm) 1. of the statutes is created to read:
118.07 (4) (bm) 1. An individualized safety plan for each school building and facility that is regularly occupied by pupils. The individualized safety plan shall include any real property related to the school building or facility that is regularly occupied by pupils.
143,11 Section 11. 118.07 (4) (bm) 3. of the statutes is created to read:
118.07 (4) (bm) 3. Guidelines and procedures to address school violence and attacks, threats of school violence and attacks, bomb threats, fire, weather-related emergencies, intruders, parent-student reunification, and threats to non-classroom events, including recess, concerts and other performances, athletic events, and any other extracurricular activity or event.
143,12 Section 12 . 118.07 (4) (cf) of the statutes is created to read:
118.07 (4) (cf) Upon the creation of a school safety plan under par. (a) and upon each review of a school safety plan under par. (d), a school board shall submit a copy of the most recent blueprints of each school building and facility in the school district to each local law enforcement agency with jurisdiction over any portion of the school district and to the office of school safety. Upon the creation of a school safety plan under par. (a) and upon each review of a safety plan under par. (d), a governing body of a private school shall submit a copy of the most recent blueprints of the private school and all of its facilities to each local law enforcement agency with jurisdiction over the private school and to the office of school safety.
143,13 Section 13. 118.07 (4) (cm) of the statutes is created to read:
118.07 (4) (cm) Neither a school board nor a governing body of a private school may include in a school safety plan any of the following:
1. A requirement for an employee to contact a school administrator, school official, or any other person before calling the telephone number “911”.
2. A prohibition against an employee reporting school violence or a threat of school violence directly to a law enforcement agency.
3. A prohibition against an employee reporting a suspicious individual or activity directly to a law enforcement agency.
143,14 Section 14. 118.07 (4) (cp) of the statutes is created to read:
118.07 (4) (cp) Each school board and the governing body of each private school shall ensure that, at each school building regularly occupied by pupils, pupils are drilled, at least annually, in the proper response to a school violence event in accordance with the school safety plan in effect for that school building. The person having direct charge of the school building at which a drill is held under this paragraph shall submit a brief written evaluation of the drill to the school board or governing body of the private school within 30 days of holding the drill. The school board or governing body of the private school shall review all written evaluation submitted under this paragraph. A drill under this paragraph may be substituted for a school safety drill required under sub. (2) (a).
143,15 Section 15. 118.07 (4) (d) of the statutes is amended to read:
118.07 (4) (d) Each school board and the governing body of each private school shall review and approve the school safety plan at least once every 3 years after the plan goes into effect.
143,16 Section 16. 118.07 (4) (e) of the statutes is created to read:
118.07 (4) (e) Before January 1, 2019, and before each January 1 thereafter, each school board and the governing body of each private school shall file a copy of its school safety plan with the office of school safety. At the time a school board or governing body files a school safety plan, the school board or governing body shall also submit all of the following to the office of school safety:
1. The date of the annual drill or drills under par. (cp) held during the previous year.
2. Certification that a written evaluation of the drill or drills under par. (cp) was reviewed by the school board or governing body under par. (cp).
3. The date of the most recent school training on school safety required under par. (c) and the number of attendees.
4. The most recent date on which the school board or governing body reviewed and approved the school safety plan.
5. The most recent date on which the school board or governing body consulted with a local law enforcement agency to conduct on-site safety assessments required under par. (b).
143,17 Section 17 . 118.07 (5) of the statutes is amended to read:
118.07 (5) Each school board shall require every employee of the school district governed by the school board to receive training provided by the department in identifying children who have been abused or neglected and, in the laws and procedures under s. 48.981 governing the reporting of suspected or threatened child abuse and neglect, and in the laws under s. 175.32 governing the reporting of a threat of violence. A school district employee shall receive that training within the first 6 months after commencing employment with the school district and at least once every 5 years after that initial training.
143,18 Section 18 . 118.126 (1) (c) of the statutes is amended to read:
118.126 (1) (c) The information is required to be reported under s. 48.981 or 175.32.
143,19 Section 19 . 118.126 (2) of the statutes is amended to read:
118.126 (2) A school psychologist, counselor, social worker, or nurse, or any teacher or administrator designated by the school board who engages in alcohol or drug abuse program activities, who in good faith discloses or fails to disclose information under sub. (1) is immune from civil liability for such acts or omissions. This subsection does not apply to information required to be reported under s. 48.981 or 175.32.
143,19f Section 19f. 118.38 (4) of the statutes is repealed.
143,19h Section 19h. 118.51 (3) (a) 4. of the statutes is amended to read:
118.51 (3) (a) 4. On or before the 2nd Friday following the first Monday in June following receipt of a copy of the application, if a resident school board denies a pupil's enrollment in a nonresident school district under sub. (6) or (7), the resident school board shall notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the denial.
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