Wisconsin Legislature: 77,460

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:

118.16 (5) (a) Met with the child's parent or guardian to discuss the child's truancy or have attempted to meet with the child's parent or guardian and been received no response or were refused.

77,463 Section 463 . 118.16 (5) (c) of the statutes is amended to read:

118.16 (5) (c) Evaluated the child to determine whether learning problems may be a cause of the child's truancy and, if so, have taken steps to overcome the learning problems, except that the child need not be evaluated if tests administered to the child within the previous year indicate that the child is performing at his or her grade level.

77,464 Section 464 . 118.16 (5m) of the statutes is created to read:

118.16 (5m) Subsection (5) (b), (c) and (d) does not apply if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activity due to the child's absences from school.

77,465 Section 465 . 118.16 (6) of the statutes is amended to read:

118.16 (6) Following receipt of If the school attendance officer receives evidence that activities under sub. (5) have been completed or were not completed due to the child's absence from school as provided in sub. (5m), the school attendance officer may file information on any child who continues to be truant with the court assigned to exercise jurisdiction under ch. chs. 48 and 938 in accordance with s. 48.24 938.24. Filing information on a child under this subsection does not preclude concurrent prosecution of the child's parent or guardian under s. 118.15 (5).

77,466 Section 466 . 118.162 (4) (e) of the statutes is amended to read:

118.162 (4) (e) The types of truancy cases to be referred to the district attorney for the filing of information under s. 48.24 938.24 or prosecution under s. 118.15 (5) and the time periods within which the district attorney will respond to and take action on the referrals.

77,467 Section 467 . 118.163 (2) (b) of the statutes is amended to read:

118.163 (2) (b) An order for the child to participate in counseling, community service or a supervised work program as provided or other community service work under s. 48.34 (9) 938.34 (5g).

77,468 Section 468 . 118.163 (2) (d) of the statutes is amended to read:

118.163 (2) (d) An order for the child to attend an educational program under s. 48.34 (12) 938.34 (7d).

77,469 Section 469 . 118.163 (2) (e) of the statutes is created to read:

118.163 (2) (e) An order for the department of industry, labor and human relations to revoke, under s. 103.72, a permit under s. 103.70 authorizing the employment of the child.

77,470 Section 470 . 118.163 (2) (f) of the statutes is created to read:

118.163 (2) (f) An order for the juvenile to be placed in a teen court program as described in s. 938.342 (1) (f).

77,471 Section 471 . 120.12 (18) of the statutes is amended to read:

120.12 (18) Continuity of educational programming. Coordinate and provide for continuity of educational programming for pupils receiving educational services as the result of a court order under s. 48.34 (12) 48.345 (12) or 938.34 (7d), including but not limited to providing a written report to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 and the agency which is required to submit an educational plan for a child under s. 48.33 or 938.33 (1) (e). The written report shall describe the child's educational status and make recommendations regarding educational programming for the child. The written report shall be in writing, except that if the educational plan under s. 938.33 (1) (e) is presented orally at the dispositional hearing the report may be presented orally to the court assigned to exercise jurisdiction under chs. 48 and 938 and the agency at the dispositional hearing. If written, the report shall be provided to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 and the agency at least 3 days before the date of the child's dispositional hearing.

77,472 Section 472 . 121.78 (4) of the statutes is amended to read:

121.78 (4) Court-ordered educational services. If a pupil is receiving educational services as the result of a court order under s. 48.34 48.345 (12) or 938.34 (7d), the school board of the school district in which the pupil resided at the time of issuance of the court order shall pay tuition for the pupil. A school board paying tuition for a pupil under this subsection shall count the pupil as 1.0 pupil in membership for general aid under subch. II. The school board shall pay each agency specified under s. 48.34 48.345 (12) (a) 2. to 4. or 938.34 (7d) (a) 2. to 4., for each full-time equivalent pupil served by the agency, an amount equal to at least 80% of the average per pupil cost for the school district. No state aid may be paid to the technical college district for pupils attending the technical college under s. 48.34 48.345 (12) (a) 4. or 938.34 (7d) (a) 4.

77,473 Section 473 . 125.07 (4) (bs) 1. of the statutes is amended to read:

125.07 (4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,474 Section 474 . 125.07 (4) (bs) 2. of the statutes is amended to read:

125.07 (4) (bs) 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,475 Section 475. 125.07 (4) (bs) 3. of the statutes is amended to read:

125.07 (4) (bs) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,476 Section 476 . 125.07 (4) (bs) 4. of the statutes is amended to read:

125.07 (4) (bs) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,477 Section 477 . 125.07 (4) (c) 1. of the statutes is amended to read:

125.07 (4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,478 Section 478 . 125.07 (4) (c) 2. of the statutes is amended to read:

125.07 (4) (c) 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,479 Section 479 . 125.07 (4) (c) 3. of the statutes is amended to read:

125.07 (4) (c) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,480 Section 480 . 125.07 (4) (c) 4. of the statutes is amended to read:

125.07 (4) (c) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

77,481 Section 481 . 125.07 (4) (cg) of the statutes is amended to read:

125.07 (4) (cg) 1. If the court orders a person to participate in a A supervised work program ordered under par. (bs) or (c), the shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed, or it may consist of uncompensated community service work, and shall be administered by a the county department under s. 46.215 or 46.22 or a community agency approved by the court. Community service work ordered under par. (bs) or (c), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under par. (bs) or (c).

2. The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from an agency staff a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.

77,482 Section 482 . 125.07 (4) (d) of the statutes is amended to read:

125.07 (4) (d) A person who is under 18 years of age on the date of disposition is subject to s. 48.344 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 48.344 938.344 (3).

77,483 Section 483 . 125.07 (4) (e) 2. a. of the statutes is amended to read:

125.07 (4) (e) 2. a. Submit to an alcohol abuse assessment that conforms to the criteria specified under s. 48.547 938.547 (4) and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol abuse assessment and shall specify the date by which the assessment must be completed.

77,484 Section 484 . 125.085 (3) (bd) of the statutes is amended to read:

125.085 (3) (bd) Any underage person who violates par. (b) is subject to a forfeiture of not less than $100 nor more than $500, suspension of the person's operating privilege under s. 343.30 (6) (bm), participation in a supervised work program or other community service work under par. (bh) or any combination of these penalties.

77,485 Section 485 . 125.085 (3) (bh) of the statutes is amended to read:

125.085 (3) (bh) 1. If the court orders a person to participate in a A supervised work program ordered under par. (bd), the shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed, or it may consist of uncompensated community service work, and shall be administered by the county department under s. 46.215 or 46.22 or a community agency approved by the court. Community service work ordered under par. (bd), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under par. (bd).

77,486 Section 486 . 125.085 (3) (bt) of the statutes is amended to read:

125.085 (3) (bt) A person who is under 18 years of age on the date of disposition is subject to s. 48.344 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 48.344 938.344 (3).

77,487 Section 487 . 125.09 (2) (d) of the statutes is amended to read:

125.09 (2) (d) A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 48.344 and 125.07 (4) (c) and (d) and 938.344 provide the penalties applicable to underage persons.

77,488 Section 488 . 146.34 (1) (e) of the statutes is amended to read:

146.34 (1) (e) “Legal custodian" means a person other than a parent or guardian or an agency to whom the legal custody of a minor has been transferred by a court under ch. 48 or 938, but does not include a person who has only physical custody of a minor.