2017 - 2018 LEGISLATURE
November 29, 2017 - Introduced by Representatives Thiesfeldt, Kremer, Quinn,
Weatherston, Sanfelippo, Jacque, Kuglitsch, Duchow, Skowronski,
Horlacher, Allen, Tusler, Brandtjen, Petersen, Schraa and Wichgers.
Referred to Committee on Judiciary.
1An Act to renumber and amend
115.38 (1) (b) 2., 118.125 (3), 118.164 (3) (a) 2
4. and 118.21 (1); to amend
118.125 (1) (a), 118.125 (3) (title), 118.127, 118.60 3
(7) (b) 7. b., 119.23 (7) (b) 7. b., 120.13 (1) (b) 2. (intro.), 120.13 (1) (b) 4., 938.396 4
(1) (a), 938.396 (1) (c) 3. (intro.), 938.396 (1) (c) 3. a., 938.396 (1) (c) 3. c., 938.396 5
(1) (c) 3. d., 938.396 (1) (c) 4. and 938.396 (1) (d); and to create
115.28 (54t), 6
118.125 (1) (bc), 118.125 (1m), 118.125 (2) (dm), 118.125 (3) (b) 2., 118.1255, 7
118.129, 118.164 (3) (am) 1., 118.164 (3) (am) 2., 118.164 (3) (am) 3., 118.21 (1) 8
(b), 118.40 (4) (ar) 3., 118.60 (1) (ae), 118.60 (7) (b) 4m., 118.60 (7) (b) 5m., 118.60 9
(7) (b) 7m., 119.16 (16), 119.23 (1) (aem), 119.23 (7) (b) 4m., 119.23 (7) (b) 5m., 10
119.23 (7) (b) 7m., 120.12 (24m), 120.12 (29), 120.13 (1) (a) 5. and 938.396 (1) 11
(cm) of the statutes; relating to: rights of and protections for teachers.
Analysis by the Legislative Reference Bureau
Duty to report
This bill generally requires a law enforcement agency to report to the
administrator of a school district, charter school, or private school certain
information when the agency learns that a pupil who is enrolled in the school is taken
into custody in connection with a felony or violent misdemeanor. The law
enforcement agency must provide this information to the school within 24 hours
after determining the school the pupil attends. The bill also requires the school board
of a school district and the governing body of a private or charter school to notify a
teacher who is working directly with a pupil who is the subject of such a record as
soon as practicable and, if possible, prior to the pupil attending the teacher's class.
Finally, the bill requires the principal or administrator of a public, private, or charter
school to notify a law enforcement agency within 24 hours after learning of a physical
assault or violent crime towards a person by a pupil that takes place at school or at
a school-sponsored activity if requested by a witness to or adult victim of the
Notice of teacher rights and protections
This bill creates and modifies certain rights and protections for teachers and
requires the Department of Public Instruction to include on its Internet site a
summary of the laws governing these rights and protections, which include the
1. The right of a teacher to remove a pupil from a classroom under certain
circumstances for a period of two consecutive days.
2. The right of a teacher to receive information from a school board about a pupil
who was taken into custody based upon a law enforcement officer's belief that the
pupil was committing or had committed a felony or violent misdemeanor.
3. The right of a teacher to use reasonable and necessary force under certain
4. The right of a teacher to request a school board to schedule a suspension
hearing when that teacher has requested that a pupil be suspended and the
administrator of the school has denied the request. Under current law, no hearing
is required to suspend a pupil.
5. The right of a school district employee or teacher to receive assistance and
leave benefits if the teacher is injured as a result of a physical assault or violent crime
while performing work duties.
6. The right of a teacher to terminate his or her contract without penalty if the
teacher is a victim of a physical assault or violent crime while performing work
7. Civil immunity provided to a teacher under state and federal laws for certain
8. The right of a teacher to review, upon request, the behavioral records of a
pupil enrolled in the teacher's class.
Records and reporting
The bill requires each school board and independent charter school to maintain
pupil behavioral records until the pupil has graduated from high school. If the pupil
is no longer enrolled in a school in the school district and if the school district has not
received a request to transfer the pupil's records to another school, the school district
must retain the records until the pupil attains the age of 21. Current law prohibits
a school board from maintaining such records for more than one year.
The bill also requires private schools participating in the Milwaukee, Racine,
or statewide parental choice program to maintain behavioral records for each pupil
while the pupil attends the private school for the same period of time as is required
of public schools. Current law requires such private schools to maintain a pupil's
progress records while the pupil attends the private school and for at least five years
after the pupil ceases to attend the school. The bill requires a private school that is
not participating in a parental choice program to maintain pupil behavioral records
only if the private school has adopted a policy governing the maintenance of pupil
progress records and, with one exception, for the same length of time the private
school maintains the progress records. The private school is not required to maintain
a pupil's behavioral records once the pupil has graduated from the private school.
If a private school maintains behavioral records, the private school must keep the
information confidential in the same manner as is required of a public school official
who maintains behavioral records.
The bill also requires DPI to include additional information about suspensions
and expulsions in the school district report it creates for each school district,
including the number of physical assaults by pupils on teachers and other school
district employees, on other pupils, and on adults not employed by the school district.
For further information see the 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:
115.28 (54t) of the statutes is created to read:
115.28 (54t) Notice of teacher rights and protections.
Include on the 3
department's Internet site a summary of laws governing the rights and protections 4
afforded to a public school teacher under state and federal law. The state 5
superintendent shall include in the summary all of the following, and shall annually 6
provide electronic notice to each school board of the summary described in this 7
(a) The right of a teacher, under s. 118.164 (2), to remove a pupil from the 9
classroom under certain circumstances.
(b) The right of a teacher, under s. 118.129 (3), to receive information from a 11
school board about a pupil who was taken into custody based on a law enforcement
officer's belief that the pupil was committing or had committed a felony or a 2
misdemeanor under s. 939.632 (1) (e) 3.
(c) The right of a teacher, under s. 118.31 (3), to use reasonable and necessary 4
force under certain circumstances.
(d) The right of a teacher, under s. 120.13 (1) (a) 5., to request a school board 6
to schedule a suspension hearing.
(e) The right of a school district employee or teacher, under s. 120.12 (24m), and 8
of a charter school employee or teacher, under s. 118.40 (4) (ar) 3., to receive 9
assistance and leave benefits if the employee or teacher is injured as a result of a 10
physical assault or violent crime while performing work duties.
(f) The right of a teacher, under s. 118.21 (1) (b) or 119.16 (16), to terminate his 12
or her contract without penalty if the teacher is a victim of a physical assault or 13
violent crime while performing work duties.
(g) Civil immunity provided to a teacher by s. 893.80 (4) and by 20 USC 7941 15
(h) The right of a teacher, under s. 118.125 (2) (dm), to, upon request, review 17
the behavioral records of a pupil enrolled in the teacher's class.
(i) Any other information the department considers relevant.
115.38 (1) (b) 2. of the statutes is renumbered 115.38 (1) (b) 2. (intro.) 20
and amended to read:
(b) 2. (intro.) The following information about suspensions and
numbers of suspensions and expulsions
reasons for which pupils are suspended or expelled, reported according 25
to categories specified by the state superintendent;
, and including all of the following
1categories: physical assaults on teachers; physical assaults on other school district
2employees; physical assaults on students; and physical assaults on adults not
the school district. In this subd. 1. b., “physical assault” has the
4meaning given in s. 118.129 (1) (b).
length of time for which pupils are expelled, reported according to 6
categories specified by the state superintendent; whether, including the categories
7specified under subd. 2. b.
pupils return to school after their expulsion; the.
educational programs and services, if any, provided to pupils during 10
their expulsions, reported according to categories specified by the state 11
categories specified under subd. 2. b.
schools attended by pupils who are suspended or expelled; and the.
and ethnicity of pupils who are suspended or expelled and 14
whether the pupils are children with disabilities, as defined in s. 115.76 (5).
118.125 (1) (a) of the statutes is amended to read:
(a) “Behavioral records" means those pupil records that include 17
psychological tests, personality evaluations, records of conversations, any written 18
statement relating specifically to an individual pupil's behavior, tests relating 19
specifically to achievement or measurement of ability, the pupil's physical health 20
records other than his or her immunization records or any lead screening records 21
required under s. 254.162, law enforcement officers' records obtained under s. 48.396 22
(1) or 938.396 (1) (b) 2. or,
(c) 3., or (cm),
and any other pupil records that are not 23
118.125 (1) (bc) of the statutes is created to read: