1995 Wisconsin Act 77

77,423 Section 423 . 51.35 (3) (g) of the statutes is amended to read:

51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile correctional facility or secured child caring institution, as defined in s. 938.02 (15g). In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile correctional facility or secured child caring institution within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.

77,424 Section 424 . 51.42 (3) (ar) 4. b. of the statutes is amended to read:

51.42 (3) (ar) 4. b. Comprehensive diagnostic and evaluation services, including assessment as specified under ss. 343.30 (1q) and 343.305 (10) and assessments under s. ss. 48.295 (1) and 938.295 (1).

77,425 Section 425 . 51.42 (3) (as) 1. of the statutes is amended to read:

51.42 (3) (as) 1. A county department of community programs shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and social services determines that a charge is administratively infeasible, or unless the department of health and social services, after individual review, determines that the charge is not attributable to the cost of basic care and services. A county department of community programs may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats. or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship or legal custody of the department of health and social services or the department of corrections under s. 48.355, 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client.

77,426 Section 426 . 51.437 (4rm) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and social services determines that a charge is administratively infeasible, or unless the department of health and social services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats. or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of health and social services under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 48.355 938.183 (2) or 938.355.

77,427 Section 427 . 51.45 (5) (d) 1. of the statutes is amended to read:

51.45 (5) (d) 1. Ensure that each county receiving funding under par. (b) has in place not later than 12 months from the date the county initially receives the funding a coordinating council whose duties shall include the coordination of alcohol and other drug abuse activities relating to primary prevention with school districts, community service and treatment providers in the community, courts assigned to exercise jurisdiction under ch. chs. 48 and 938, law enforcement agencies, parents, children and the alcohol and other drug abuse prevention specialist.

77,428 Section 428 . 51.45 (11) (bm) of the statutes is amended to read:

51.45 (11) (bm) If the person who appears to be incapacitated by alcohol under par. (b) is a minor, either a law enforcement officer or a person authorized to take a child into custody under ch. 48 or 938 may take the minor into custody as provided in par. (b).

77,429 Section 429 . 59.175 of the statutes, as affected by 1995 Wisconsin Act 27, section 3287bm, is amended to read:

59.175 Clerks of counties containing state institutions to make claims in certain cases. The county clerk of any county which is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the county board, in all cases where the reimbursement is directed in that subsection, upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01, or from the appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses involving a child in a secured correctional facility, as defined in s. 48.02 938.02 (15m).

77,430 Section 430 . 60.23 (22m) of the statutes is created to read:

60.23 (22m) School attendance. If the town board has established a municipal court under s. 755.01 (1), enact and enforce an ordinance to impose a forfeiture, which is the same as the fine provided under s. 118.15 (5), upon a person having under his or her control a child who is between the ages of 6 and 18 years and whose child is not in compliance with s. 118.15.

77,431 Section 431 . 101.123 (1) (i) of the statutes is amended to read:

101.123 (1) (i) “State institution" means a prison, a secured correctional facility, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3), except that “state institution" does not include a Type 2 secured correctional facility, as defined in s. 48.02 (20).

77,432 Section 432 . 101.123 (1) (i) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

101.123 (1) (i) “State institution" means a prison, a secured correctional facility, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3), except that “state institution" does not include a Type 2 secured correctional facility, as defined in s. 938.02 (20).

77,433 Section 433 . 101.123 (3) (gg) of the statutes is created to read:

101.123 (3) (gg) A Type 2 secured correctional facility, as defined in s. 48.02 (20).

77,412m Section 412m. 101.123 (3) (gg) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

101.123 (3) (gg) A Type 2 secured correctional facility, as defined in s. 48.02 938.02 (20).

77,434 Section 434 . 102.07 (13) of the statutes, as affected by 1995 Wisconsin Act 24, is amended to read:

102.07 (13) A child performing uncompensated community service work as a result of an informal disposition under s. 48.245 a deferred prosecution agreement under s. 938.245, a consent decree under s. 48.32 938.32 or an order under s. 48.34 (7t) or (9) 938.34 is an employe of the county in which the court ordering the community service work is located. No compensation may be paid to that employe for temporary disability during the healing period.

77,435 Section 435 . 103.72 of the statutes is amended to read:

103.72 Refusal and revocation of permits. (1) The department or permit officer may refuse to grant permits in the case of minors who seem physically unable to perform the labor at which they are to be employed. They may also refuse to grant a permit if in their judgment the best interests of the minor would be served by such that refusal.

(2) Whenever it shall appear appears to the department that any a permit has been improperly or illegally issued, or that the physical or moral welfare or school attendance of the minor would be best served by the revocation of the permit or that the failing school performance of the minor would be remedied by the revocation of the permit, the department may forthwith immediately, without notice, revoke the same, and permit. The department shall revoke a permit if ordered to do so under s. 938.342 (1) (e). If the department revokes a permit, the department shall, by registered mail, notify the person employing such the minor and the minor holding such the permit of such the revocation. Upon receipt of such the notice, the employer employing such the minor shall forthwith immediately return the revoked permit to the department and discontinue the employment of the minor.

77,436 Section 436 . 103.87 of the statutes is amended to read:

103.87 Employe not to be disciplined for testifying. No employer may discharge an employe because the employe is subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48 or 938. On or before the first business day after the receipt of a subpoena to testify, the employe shall give the employer notice if he or she will have to be absent from employment because he or she has been subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48 or 938. If a person is subpoenaed to testify in an action or proceeding as a result of a crime, as defined in s. 950.02 (1m), against the person's employer or an incident involving the person during the course of his or her employment, the employer shall not decrease or withhold the employe's pay for any time lost resulting from compliance with the subpoena. An employer who violates this section may be fined not more than $200 and may be required to make full restitution to the aggrieved employe, including reinstatement and back pay. Except as provided in this section, restitution shall be in accordance with s. 973.20.

77,437 Section 437 . 115.31 (1) (b) of the statutes is amended to read:

115.31 (1) (b) “Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 48.02 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin school for the visually handicapped, the Wisconsin school for the deaf, the Mendota mental health institute, the Winnebago mental health institute, a state center for the developmentally disabled, a private school or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

77,438 Section 438 . 115.81 (9) (c) of the statutes is amended to read:

115.81 (9) (c) Notwithstanding ss. 48.34 (4) and (4m), 48.345, 48.363, 48.427 (3), 767.24 (3), 880.12 and, 880.15, 938.183, 938.34 (4), (4h), (4m) and (4n), 938.345 and 938.363, a surrogate parent has the authority to act as the child's parent in all matters relating to this subchapter.

77,439 Section 439 . 115.85 (2m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and social services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.48 (4), 48.553 (3) or 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

77,440 Section 440 . 118.125 (1) (a) of the statutes is amended to read:

118.125 (1) (a) “Behavioral records" means those pupil records which include psychological tests, personality evaluations, records of conversations, any written statement relating specifically to an individual pupil's behavior, tests relating specifically to achievement or measurement of ability, the pupil's physical health records other than his or her immunization records or any lead screening records required under s. 254.162, peace law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1m) and any other pupil records that are not progress records.

77,440m Section 440m. 118.125 (2) (c) of the statutes is amended to read:

118.125 (2) (c) The judge of any court of this state or of the United States shall, upon request, be provided by the school district clerk or his or her designee with a copy of all progress records of a pupil who is the subject of any proceeding in such court.

77,441 Section 441 . 118.125 (2) (cg) of the statutes is created to read:

118.125 (2) (cg) The school district clerk or his or her designee shall provide a law enforcement agency with a copy of a pupil's attendance record if the law enforcement agency certifies in writing that the pupil is under investigation for allegedly committing a criminal or delinquent act and that the law enforcement agency will not further disclose the pupil's attendance record except as permitted under s. 938.396 (1) to (1r).

77,442 Section 442 . 118.125 (2) (cm) of the statutes is amended to read:

118.125 (2) (cm) If school attendance is a condition of a child's dispositional order under s. 48.355 (2) (b) 7. or 938.355 (2) (b) 7., the school board shall notify the county department that is responsible for supervising the child within 5 days after any violation of the condition by the child.

77,443 Section 443 . 118.125 (2) (d) of the statutes is amended to read:

118.125 (2) (d) Pupil records may shall be made available to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license and other school district officials who have been determined by the school board to have legitimate educational or safety interests. Peace in the pupil records. Law enforcement officers' records obtained under s. 48.396 (1m) may 938.396 (1m) (a) shall be made available under this paragraph only for the purposes of s. 118.127 (2) and only to those designated personnel involved in employes of the school district who have been designated by the school board to receive that information for the purpose of providing alcohol and other drug abuse programs. Law enforcement officers' records obtained under s. 938.396 (1m) (b) shall be made available under this paragraph for the purposes of s. 118.127 (3) to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license, to other school district officials who have been determined by the school board to have legitimate educational or safety interests in those records and to those employes of the school district who have been designated by the school board to receive that information for the purpose of providing treatment programs. A school board member or an employe of a school district may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employe acted with actual malice in failing to disclose the information. A school district may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district or its agent acted with gross negligence or with reckless, wanton or intentional misconduct in failing to disclose the information.

77,444 Section 444 . 118.125 (2) (e) of the statutes is amended to read:

118.125 (2) (e) Upon the written permission of an adult pupil, or the parent or guardian of a minor pupil, the school shall make available to the person named in the permission the pupil's progress records or such portions of the pupil's behavioral records as determined by the person authorizing the release. Peace Law enforcement officers' records obtained under s. 48.396 938.396 (1m) may not be made available under this paragraph unless specifically identified by the adult pupil or by the parent or guardian of a minor pupil in the written permission.

77,444m Section 444m. 118.125 (2) (i) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

118.125 (2) (i) Upon request, the school district clerk or his or her designee shall provide the names of pupils who have withdrawn from the public school prior to graduation under s. 118.15 (1) (c) to the technical college district board in which the public school is located or, for verification of eligibility for public assistance under ch. 49, to the department of health and social services, the department of industry, labor and human relations or a county department under s. 46.215, 46.22 or 46.23.

77,444r Section 444r. 118.125 (2) (j) 2. of the statutes is amended to read:

118.125 (2) (j) 2. If a school has notified the parent, legal guardian or guardian ad litem that a pupil's name and address has been designated as directory data, has allowed 14 days for the parent, legal guardian or guardian ad litem of the pupil to inform the school that the pupil's name and address may not be released without the prior consent of the parent, legal guardian or guardian ad litem and the parent, legal guardian or guardian ad litem has not so informed the school, the school district clerk or his or her designee, upon request, shall provide a technical college district board with the name and address of each such pupil who is expected to graduate from high school in the current school year.

77,445 Section 445 . 118.125 (2) (j) 3. of the statutes is amended to read:

118.125 (2) (j) 3. If a school has notified the parent, legal guardian or guardian ad litem of the information that it has designated as directory data with respect to any pupil, the school has allowed 14 days for the parent, legal guardian or guardian ad litem of the pupil to inform the school that such information may not be released without the prior consent of the parent, legal guardian or guardian ad litem and the parent, legal guardian or guardian ad litem has not so informed the school, the school district clerk or his or her designee, upon request, shall provide any representative of a law enforcement agency, as defined in s. 165.83 (1) (b), district attorney or corporation counsel, county department under s. 46.215, 46.22 or 46.23 or a court of record or municipal court with such information relating to any such pupil enrolled in the school district for the purpose of enforcing that pupil's school attendance or to respond, investigating alleged criminal or delinquent activity by the pupil or responding to a health or safety emergency.

77,446 Section 446 . 118.125 (2) (L) of the statutes is amended to read:

118.125 (2) (L) A school board shall disclose the pupil records of a pupil in compliance with a court order under s. 48.34 48.345 (12) (b) , 938.34 (7d) (b), 938.396 (1m) (c) or 938.78 (2) (b) 2. after making a reasonable effort to notify the pupil's parent or legal guardian.

77,447 Section 447 . 118.125 (2) (n) of the statutes is created to read:

118.125 (2) (n) Subject to par. (m), if a public school discloses information in a pupil record under par. (c), (cg), (d), (f), (g), (j) or (L), the public school shall notify the pupil who is the subject of the record and the pupil's parent or guardian of that disclosure and shall provide to the pupil and the parent or guardian the information disclosed, unless the public school determines that provision of the information to the parent or guardian would result in imminent danger to the pupil.

77,448 Section 448 . 118.125 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

118.125 (3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm, optical disk or in electronic format if authorized under s. 19.21 (4) (c), or in such other form as the school board deems appropriate. A school board shall maintain peace law enforcement officers' records obtained under s. 48.396 938.396 (1m) separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under ch. 985.

77,449 Section 449 . 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that legal custody of the pupil has been transferred to the department of corrections or that the pupil has been placed in a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g). In this subsection, “school" and “school district" include any state juvenile correctional facility or secured child caring institution which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

77,450 Section 450 . 118.125 (5) of the statutes is renumbered 118.125 (5) (a) and amended to read:

118.125 (5) (a) Nothing Except as provided in par. (b), nothing in this section prohibits the use of a pupil's records in connection with the suspension or expulsion of the pupil or the use of such records by a multidisciplinary team under ch. 115.

77,451 Section 451 . 118.125 (5) (b) of the statutes is created to read:

118.125 (5) (b) Law enforcement officers' records obtained under s. 938.396 (1m) and records of the court assigned to exercise jurisdiction under chs. 48 and 938 obtained under s. 938.396 (7) shall not be used as the sole basis for expelling or suspending a pupil.

77,452 Section 452 . 118.127 of the statutes is amended to read:

118.127 (title) Peace Law enforcement officers' records. (1) Upon receipt of information from peace law enforcement officers' records obtained under s. 48.396 938.396 (1m), the school district administrator shall notify any pupil named in the records, and the parent or guardian of any minor pupil named in the records, of the information.

(2) A school district may shall use information from peace law enforcement officers' records obtained under s. 48.396 (1m) only 938.396 (1m) (a) for the purpose of providing alcohol and other drug abuse programs for pupils enrolled in the school district. A school district shall not use law enforcement officers' records obtained under s. 938.396 (1m) (a) as the sole basis for expelling or suspending a pupil.

77,453 Section 453 . 118.127 (3) of the statutes is created to read:

118.127 (3) A school district shall use information from law enforcement officers' records obtained under s. 938.396 (1m) (b) for legitimate educational or safety purposes and for the purpose of providing treatment programs for pupils enrolled in the school district. A school district shall not use law enforcement officers' records obtained under s. 938.396 (1m) (b) as the sole basis for expelling or suspending a pupil.

77,454 Section 454 . 118.15 (1) (cm) 1. of the statutes is amended to read:

118.15 (1) (cm) 1. Upon the child's request and with the approval of the child's parent or guardian, any child who is 17 years of age or over shall be excused by the school board from regular school attendance if the child began a program leading to a high school equivalency diploma in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), and the child and his or her parent or guardian agree under subd. 2. that the child will continue to participate in such a program.

77,455 Section 455 . 118.15 (5) (a) of the statutes is amended to read:

118.15 (5) (a) Except as provided under par. (b) or if a person has been found guilty of a misdemeanor under s. 948.45, whoever violates this section may be fined not more than $500 or imprisoned for not more than 30 days or both, after if evidence has been provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's absence from school as provided in s. 118.16 (5m). In a prosecution under this paragraph, if the defendant proves that he or she is unable to comply with the law because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under ch. chs. 48 and 938.

77,456 Section 456 . 118.15 (5) (am) of the statutes is created to read:

118.15 (5) (am) The court may order any person who violates this section to participate in counseling at the person's own expense.

77,457 Section 457 . 118.16 (2m) (a) (intro.) of the statutes is amended to read:

118.16 (2m) (a) (intro.) A school district administrator may designate any of the following individuals to take a child who resides in the school district and who is absent from school without an acceptable excuse under s. 118.15 into custody under s. 48.19 938.19 (1m):

77,458 Section 458 . 118.16 (2m) (d) of the statutes is amended to read:

118.16 (2m) (d) A school district administrator who makes a designation under par. (a) shall provide each individual so designated with an identification card of a form determined by the school board. The designee shall carry the identification card on his or her person at all times while the designee is on official duty under s. 48.19 938.19 (1m) and shall exhibit the identification card to any person to whom the designee represents himself or herself as a person authorized to take a child into custody under s. 48.19 938.19 (1m).

77,459 Section 459 . 118.16 (2m) (e) of the statutes is amended to read:

118.16 (2m) (e) A school district administrator who makes a designation under par. (a) or the individual designated under par. (a) shall immediately attempt to notify, by personal contact or telephone call, the child's parent, guardian and legal custodian that the designation has been made and that the child may be taken into custody under s. 48.19 938.19 (1m). The school district administrator, or the designee, is not required to notify a parent, guardian or legal custodian under this paragraph if the parent, guardian or legal custodian is the person who requested that the child be taken into custody under s. 48.19 938.19 (1m).

77,460 Section 460 . 118.16 (4) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

118.16 (4) (e) Except as provided under s. 119.55, a school board may establish one or more youth service centers for the counseling of children who are taken into custody under s. 48.19 938.19 (1) (d) 9. or 10. for being absent from school without an acceptable excuse under s. 118.15.

77,461 Section 461 . 118.16 (5) (intro.) of the statutes is amended to read:

118.16 (5) (intro.) Prior to Except as provided in sub. (5m), before any proceeding being may be brought against a child under s. 48.13 (6) 938.13 (6) for habitual truancy or under s. 938.125 (2) or 938.17 (2) for a violation of an ordinance enacted under s. 118.163 (2) or against the child's parent or guardian under s. 118.15 for failure to cause the child to attend school regularly, the school attendance officer shall provide evidence that appropriate school personnel in the school or school district in which the child is enrolled have, within the school year during which the truancy occurred, done all of the following:

77,462 Section 462 . 118.16 (5) (a) of the statutes is amended to read: