LRB-2205/1
MJL&GMM:kg:jf
1997 - 1998 LEGISLATURE
April 17, 1997 - Introduced by Representatives Underheim, Krusick, Hasenohrl,
Baldwin, Kunicki, Krug, Plale, Steinbrink, Vander Loop, Dobyns, Kaufert,
Ryba, Grothman, Zukowski, Musser, Owens, Sykora, Ott, Walker, Jeskewitz,
Hahn, Freese, Albers, Hoven, Powers
and Gard, cosponsored by Senators C.
Potter, Rude, Shibilski, Clausing
and Cowles. Referred to Committee on
Education.
AB301,1,4 1An Act to amend 119.04 (1) and 120.13 (1) (b); and to create 118.164, 119.25 (2)
2(a) 3., 119.44 (2) (a) 2. c., 120.13 (1) (c) 2g., 120.13 (1) (e) 2. c. and 120.18 (1) (gr)
3of the statutes; relating to: removal of disruptive pupils from the classroom
4and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Current law provides that a pupil may be suspended for not more than 5 days
for any of the following reasons: noncompliance with school rules; knowingly
conveying any threat or false information concerning an attempt or alleged attempt
being made or to be made to destroy any school property by means of explosives;
conduct while at school or while under the supervision of a school authority that
endangers the property, health or safety of others; conduct while not at school or
while not under the supervision of a school authority that endangers the property,
health or safety of others at school or under the supervision of a school authority; or
conduct that endangers the property, health or safety of any employe or school board
member of the school district in which the pupil is enrolled. Before any suspension,
the pupil must be advised of the reason for the proposed suspension. In addition, the
parent or guardian of a minor pupil must be given prompt notice of the suspension
and an opportunity within 5 school days following the commencement of the
suspension to have a conference with the school district administrator.
A school board may expel a pupil from school if it finds: that the pupil engaged
in any of the conduct described above; that the pupil is guilty of repeated refusal to
obey the rules, and the school board is satisfied that the interest of the school

demands the pupil's expulsion; or that a pupil who is at least 16 years old has
repeatedly engaged in conduct while at school or under the supervision of a school
authority that disrupted the ability of school authorities to maintain order or an
educational atmosphere at school or at a school-supervised activity, and the school
board is satisfied that the interest of the school demands the pupil's expulsion. If a
school board finds that a pupil, while at school or while under supervision of a school
authority, possessed a firearm, the school board must commence expulsion
proceedings and expel the pupil for not less than one year. Before expelling the pupil,
the school board must hold a hearing.
This bill provides that a teacher may remove a pupil who is enrolled in a grade
from 5 to 12 from the teacher's classroom if the teacher determines that the pupil is
uncooperative, unruly or disruptive or if the pupil has been absent from the
classroom for a total of 10 days without an excuse and, if, on a previous occasion
during the same school year, the teacher supplied a written warning to the pupil of
the teacher's intent to remove the pupil from the classroom. If a teacher removes a
pupil from the classroom, the teacher must promptly inform the school principal and
the parent or guardian of a minor pupil. A removed pupil may not return to the
classroom until he or she and his or her guardian, if the pupil is a minor, have
attended a conference with the teacher in which the teacher explains the standards
of behavior that he or she expects the pupil to meet and until the teacher gives his
or her written consent to the pupil's return. If a pupil who is removed from the
classroom due to absence does not receive this written permission, the pupil may not
return to the classroom for one year from the date of removal. Teachers are not
required to provide makeup examinations or provide tutoring to assist any pupil who
has been removed from the classroom. In addition, each employer must permit an
employe to take no more than 4 hours of leave in each school year for the purpose of
picking up the child of the employe who has been removed from a classroom. An
employe is not entitled to receive wages or salary while taking this leave, but he or
she may substitute for this leave paid or unpaid leave of any other type provided by
the employer.
A pupil removed under this bill may appeal his or her removal to a pupil
disciplinary committee that is composed primarily of teachers and includes the
school principal and parents appointed by the school principal. Within 48 hours of
receiving the appeal, the committee must hold a hearing and either uphold or reverse
the decision to remove the pupil.
Finally, this bill requires a school board to expel a pupil from school for one year
if the pupil possesses on school property or at a school-sponsored event a weapon,
controlled substance, or drug paraphernalia or if the pupil is convicted of certain
crimes or adjudged delinquent for violating certain criminal statutes. In addition,
these acts are grounds for suspension from school.

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:
AB301, s. 1 1Section 1. 118.164 of the statutes is created to read:
AB301,3,2 2118.164 Removal of pupils from the classroom. (1) In this section:
AB301,3,73 (a) "Employer" means a person engaging in any activity, enterprise or business
4in this state employing at least one individual. "Employer" includes the state and
5any office, department, independent agency, authority, institution, association,
6society or other body in state government created or authorized to be created by the
7constitution or any law, including the legislature and the courts.
AB301,3,118 (b) "Teacher" means a person holding a license or permit issued by the
9department whose employment by a school district requires that he or she hold that
10license or permit but does not include a short-term substitute, as defined by the
11department by rule.
AB301,3,13 12(2) Except as provided in sub. (8), a teacher may remove a pupil who is enrolled
13in a grade from 5 to 12 from the teacher's classroom if all of the following apply:
AB301,3,1614 (a) The teacher determines that the pupil is uncooperative, disruptive or
15dangerous or the pupil has been absent for a total of at least 10 days without an
16acceptable excuse under s. 118.15 or 118.16 (4).
AB301,4,317 (b) On a previous occasion during the same school year, the teacher determined
18that the pupil was uncooperative, disruptive or dangerous or the pupil had been
19absent for at least 10 days and on that occasion or because the pupil had been absent
20for at least 10 days provided a written warning to the pupil and to the parent or
21guardian of a minor pupil and a copy of the warning to the school principal,

1describing the nature of the violation under par. (a) and stating the teacher's intent
2to remove the pupil from the classroom if the violation continued or any other
3violation under par. (a) occurred.
AB301,4,15 4(3) A teacher shall promptly inform the school principal and, if the pupil is a
5minor, the pupil's parent or guardian, if the teacher removes a pupil from the
6classroom under this section. A teacher who removes a pupil from a classroom under
7this section shall send the pupil to the school's administrative office. If the removed
8pupil is a minor, the school principal shall notify the pupil's parent or guardian that
9the pupil has been removed from the classroom. The school principal may detain the
10pupil in the administrative office for the remainder of the school day, send the pupil
11to a school detention center for the remainder of the school day, send the pupil to his
12or her next scheduled class or, if the pupil is a minor, send the pupil home after
13notifying the pupil's parent or guardian. Thereafter, the school principal shall decide
14where to send the pupil during the time scheduled for the class from which the pupil
15has been removed.
AB301,4,22 16(4) Except as provided in sub. (7), a pupil who has been removed from a
17classroom under this section may not return to the classroom unless the pupil and,
18if the pupil is a minor, the pupil's parent or guardian, have attended a conference
19with the teacher in which the teacher explains the standards of behavior that he or
20she expects the pupil to meet and the teacher has given his or her written consent
21to the pupil's return, or the teacher waives the required meeting under this
22subsection.
AB301,5,2 23(5) Except as provided under sub. (7), if a pupil has been removed from a
24classroom due to absence under sub. (2) (a) and does not receive the teacher's

1permission to return to the classroom under sub. (4), the pupil may not return to the
2classroom for one year from the date of removal.
AB301,5,5 3(6) A teacher is not required to provide makeup examinations or to hold private
4conferences or tutoring sessions to assist any pupil to make up any school work
5missed because the pupil was removed from a classroom under this section.
AB301,5,14 6(7) Each school board shall establish in each middle school, junior high school
7and senior high school a pupil disciplinary committee that is composed primarily of
8teachers and includes the school principal and parents appointed by the school
9principal. A pupil removed under this section may appeal his or her removal orally
10or in writing to the pupil disciplinary committee. The pupil disciplinary committee
11shall hold a hearing, issue a written decision upholding or overturning the removal
12within 48 hours of receiving the appeal and mail a copy of the written decision to the
13pupil, and, if the pupil is a minor, to the pupil's parent or guardian. The decision of
14the committee is final.
AB301,5,17 15(8) If a collective bargaining agreement entered into under subch. IV of ch. 111
16specifies a different pupil disciplinary procedure from the procedure in this section,
17the procedure in that collective bargaining agreement shall govern.
AB301,5,20 18(9) (a) Each employer shall permit an employe to take no more than 4 hours
19of leave in each school year for the purpose of picking up the child of the employe who
20has been removed from a classroom under this section.
AB301,5,2321 (b) An employe is not entitled to receive wages or salary while taking leave
22under par. (a). An employe may substitute for leave under par. (a) paid or unpaid
23leave of any other type provided by the employer.
AB301,6,2 24(10) Before the beginning of each school term, each school board shall mail a
25written notice of a teacher's authority to remove a pupil under this section to each

1pupil enrolled in the school district or, if the pupil is a minor, to the pupil's parent or
2guardian.
AB301, s. 2 3Section 2. 119.04 (1) of the statutes is amended to read:
AB301,6,104 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c),
5115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
6(2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to
7118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20,
8118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 120.12
9(5) and (15) to (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34)
10and (35) and 120.14 are applicable to a 1st class city school district and board.
AB301, s. 3 11Section 3. 119.25 (2) (a) 3. of the statutes is created to read:
AB301,6,1612 119.25 (2) (a) 3. Shall commence proceedings under par. (b) and expel a pupil
13from school for either the rest of the school year or for 12 months, whichever is
14appropriate under s. 120.13 (1) (c) 2g., whenever that hearing officer or panel finds
15that the pupil engaged in conduct that constitutes grounds for expulsion under s.
16120.13 (1) (c) 2g.
AB301, s. 4 17Section 4. 119.44 (2) (a) 2. c. of the statutes is created to read:
AB301,6,1918 119.44 (2) (a) 2. c. The number of incidents in which teachers removed pupils
19from the classroom under s. 118.164.
AB301, s. 5 20Section 5. 120.13 (1) (b) of the statutes is amended to read:
AB301,8,721 120.13 (1) (b) The school district administrator or any principal or teacher
22designated by the school district administrator also may make rules, with the
23consent of the school board, and may suspend a pupil for not more than 5 school days
24or, if a notice of expulsion hearing has been sent under par. (c) 4. or (e) 4. or s. 119.25
25(2) (c), for not more than a total of 15 consecutive school days for noncompliance with

1such rules or school board rules, or for knowingly conveying any threat or false
2information concerning an attempt or alleged attempt being made or to be made to
3destroy any school property by means of explosives, or for conduct by the pupil while
4at school or while under the supervision of a school authority which endangers the
5property, health or safety of others, or for conduct while not at school or while not
6under the supervision of a school authority which endangers the property, health or
7safety of others at school or under the supervision of a school authority or endangers
8the property, health or safety of any employe or school board member of the school
9district in which the pupil is enrolled, or for possession on school property or at a
10school-sponsored event of a weapon, controlled substance, as defined under s. 961.01
11(4), a controlled substance analog, as defined under s. 961.01 (4m), or drug
12paraphernalia, as defined under s. 961.571, or for the conviction of a crime under or
13an adjudication of delinquency on the basis of a violation of ss. 940.02 (2), 940.08,
14940.09 (1g), 940.24, 941.20 to 941.298, 948.55, 948.60, 948.605, 948.61, 961.41 to
15961.50 and 961.571 to 961.577
. Prior to any suspension, the pupil shall be advised
16of the reason for the proposed suspension. The pupil may be suspended if it is
17determined that the pupil is guilty of noncompliance with such rule, or of the conduct
18charged, and that the pupil's suspension is reasonably justified. The parent or
19guardian of a suspended minor pupil shall be given prompt notice of the suspension
20and the reason for the suspension. The suspended pupil or the pupil's parent or
21guardian may, within 5 school days following the commencement of the suspension,
22have a conference with the school district administrator or his or her designee who
23shall be someone other than a principal, administrator or teacher in the suspended
24pupil's school. If the school district administrator or his or her designee finds that
25the pupil was suspended unfairly or unjustly, or that the suspension was

1inappropriate, given the nature of the alleged offense, or that the pupil suffered
2undue consequences or penalties as a result of the suspension, reference to the
3suspension on the pupil's school record shall be expunged. Such finding shall be
4made within 15 days of the conference. A pupil suspended under this paragraph
5shall not be denied the opportunity to take any quarterly, semester or grading period
6examinations or to complete course work missed during the suspension period, as
7provided in the attendance policy established under s. 118.16 (4) (a).
AB301, s. 6 8Section 6. 120.13 (1) (c) 2g. of the statutes is created to read:
AB301,8,199 120.13 (1) (c) 2g. In addition to the grounds for expulsion under subd. 1., the
10school board shall commence proceedings under subd. 3. and expel a pupil from
11school for one year if the pupil has in his or her possession on school property or at
12a school-sponsored event a weapon, other than a firearm, as defined in 18 USC 921
13(a) (3); a controlled substance, as defined under s. 961.01 (4); a controlled substance
14analog, as defined under s. 961.01 (4m); or drug paraphernalia, as defined under s.
15961.571. A school board shall commence proceedings under subd. 3. against a pupil
16who has been convicted of a crime under or adjudicated delinquent on the basis of
17a violation of ss. 940.02 (2), 940.08, 940.09 (1g), 940.24, 941.20 to 941.298, 948.55,
18948.60, 948.605, 948.61, 961.41 to 961.50 and 961.571 to 961.577 and expel that pupil
19from school for a period of one year beginning from the date of the conviction.
AB301, s. 7 20Section 7. 120.13 (1) (e) 2. c. of the statutes is created to read:
AB301,8,2321 120.13 (1) (e) 2. c. Shall commence proceedings under subd. 3. and expel a pupil
22for one year whenever that hearing officer or panel finds that the pupil engaged in
23conduct that constitutes grounds for expulsion under par. (c) 2g.
AB301, s. 8 24Section 8. 120.18 (1) (gr) of the statutes is created to read:
AB301,9,2
1120.18 (1) (gr) The number of incidents in which teachers removed pupils from
2the classroom under s. 118.164.
AB301, s. 9 3Section 9. Effective date.
AB301,9,54 (1) This act takes effect on the first day of the 6th month beginning after
5publication.
AB301,9,66 (End)
Loading...
Loading...