LRBs0593/2
PG:skg&mkd:ks
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 425
March 26, 1996 - Offered by Senator Welch.
SB425-SSA1,1,2
1An Act to create 118.135 of the statutes;
relating to: surveys and
2questionnaires of pupils and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB425-SSA1,1,7
4118.135 Surveys and questionnaires of pupils. (1) Availability for
5inspection. Each school board shall make available for inspection by the parents and
6guardians of pupils enrolled in the school district every survey or questionnaire of
7pupils for which notification is required under sub (2).
SB425-SSA1,1,12
8(2) Notification required. (a) Before an official, employe or agent of a school
9board conducts any written survey or questionnaire of pupils that is designed or
10intended to reveal information about any of the following, the official, employe or
11agent shall notify the pupil, if the pupil is an adult or an emancipated minor, or the
12pupil's parent or guardian, if the pupil is an unemancipated minor:
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1. The political affiliations of the pupil's parents.
SB425-SSA1,2,2
12. Mental or psychological problems that may embarrass the pupil or the pupil's
2family.
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3. The sexual behavior or attitudes of the pupil or the pupil's family.
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4. Illegal, antisocial, self-incriminating or demeaning behavior of the pupil or
5the pupil's family.
SB425-SSA1,2,76
5. Critical appraisals of individuals with whom the pupil has close family
7relationships.
SB425-SSA1,2,108
6. Legally recognized privileged or analogous relationships that the pupil or a
9member of the pupil's family may have, including relationships with lawyers,
10physicians or members of the clergy.
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7. The income of the pupil or the pupil's family, unless the information is
12required by law to determine eligibility for participation in a program or for receiving
13financial assistance.
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8. The religious beliefs or practices of the pupil or the pupil's family.
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(b) No official, employe or agent of a school board may include a pupil in any
16survey or questionnaire conducted under par. (a) if the pupil, if he or she is an adult
17or emancipated minor, or the pupil's parent or guardian, if the pupil is an
18unemancipated minor, objects to the inclusion of the pupil in the survey or
19questionnaire.
SB425-SSA1,2,2420
(c) An official, employe or agent of a school board shall notify the pupil or the
21pupil's parent under par. (a) regarding each survey or questionnaire conducted. This
22notice shall explicitly describe, in writing, the specific survey or questionnaire to
23which the notice applies and the procedure for filing an objection to the pupil's
24inclusion in the survey or questionnaire under par. (b).
SB425-SSA1,2,25
25(3) Exceptions. Subsection (2) does not apply to any of the following:
SB425-SSA1,3,6
1(a) Any communication between an official, employe or agent of a school board
2and an individual pupil, or notes or records of any such communication, if the
3communication is initiated by the pupil or the communication is initiated by an
4official, employe or agent of the school board who has reason to believe that the pupil
5has been abused or neglected, as defined in s. 48.981 (1) (a) and (d), or threatened
6with abuse or neglect.
SB425-SSA1,3,87
(b) An emergency situation requiring the immediate intervention of an official,
8employe or agent of a school board.
SB425-SSA1,3,10
9(4) Notice. Annually each school board shall notify the pupils enrolled in the
10school district and their parents or guardians of the provisions of subs. (1) to (3).
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11(5) Policy. Each school board shall adopt a policy to implement and administer
12this section
.
SB425-SSA1,3,14
13(6) Penalty. Any person who knowingly violates sub. (2) (a) or (b) shall forfeit
14not less than $25 nor more than $300 for each violation.
SB425-SSA1,3,21
15(7) Enforcement. (a) Forfeitures under this section shall be enforced by action
16on behalf of the state by the attorney general or, upon the verified complaint of any
17person, by the district attorney of any county where a violation occurs. In actions
18brought by the attorney general, the court shall award any forfeiture recovered
19together with reasonable costs to the state; and in actions brought by the district
20attorney, the court shall award any forfeiture recovered together with reasonable
21costs to the county.
SB425-SSA1,4,222
(b) In addition and supplementary to the remedy provided in sub. (6), the
23attorney general or the district attorney may commence an action, separately or in
24conjunction with an action brought under sub. (6), to obtain such other legal or
1equitable relief, including but not limited to mandamus, injunction or declaratory
2judgment, as may be appropriate under the circumstances.
SB425-SSA1,4,54
(1) This act first applies to surveys and questionnaires conducted on
5September 1, 1996.
