LRB-3176/2
ML/GM/MD/JO/RN:wlj:kjf
1999 - 2000 LEGISLATURE
September 28, 1999 - Introduced by Joint Legislative Council. Referred to
Committee on Education.
SB239,2,6
1An Act to renumber 165.72 (1) (a);
to amend 49.45 (39) (b), 115.38 (1) (b), 119.04
2(1), 120.13 (1) (b), 120.13 (1) (c) 1., 121.15 (3m) (a) 2., 165.72 (title), 165.72 (2)
3(intro.), 165.72 (7) and 895.035 (4); and
to create 20.255 (2) (e), 36.11 (36), 38.04
4(27), 115.28 (42), 115.38 (1) (bm), 115.455, 118.16 (1m), 118.175, 120.12 (26),
5165.72 (1) (ad), 165.72 (2) (c), 165.72 (2g), 165.72 (2m), 895.035 (4a) and 947.017
6of the statutes;
relating to: grants to school districts and cooperative
7educational service agencies to reduce violence and disruption in schools; safe
8school plans; establishing a hotline in the department of justice for the
9reporting of information regarding dangerous weapons and criminal activity in
10schools; required reporting by certain school personnel of pupils without a
11parent or guardian; increasing the amount of parental liability for certain acts
12of a minor child affecting a school; medical assistance reimbursement to school
13districts and cooperative educational service agencies; authorizing school
14districts to expel or suspend a pupil for making a threat to the health or safety
1of a person or making a threat to damage property; suspension and expulsion
2information in the school performance report; treatment of days of absence due
3to a suspension or expulsion to determine truancy and habitual truancy;
4obtaining federal funds relating to school safety; threats to cause death, bodily
5harm or property damage in certain places; making an appropriation; and
6providing a penalty.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the joint legislative council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Prefatory note: This bill was developed by the joint legislative council's special
committee on school discipline and safety.
Grants for Reducing Violence and Disruption in Schools
The bill creates a grant program under which a school district or cooperative
educational service agency (CESA) may apply for a three-year grant to implement a
comprehensive range of research-based prevention and intervention strategies for
reducing violence and disruption in schools. In the first year of a grant, a school district
or CESA must match at least 25% of the grant amount from local, federal or private
sources. The required match is at least 50% in the second year of a grant and at least 75%
in the third year. The amount appropriated for the grants is not considered in
determining the state's commitment to fund two-thirds partial school revenues.
The department of public instruction (DPI) shall determine the amount of each
grant except that no school district or CESA may be awarded, in any fiscal year, more than
10% of the amount appropriated for the grants. DPI must ensure that grants are
distributed among small, medium and large school districts, based on enrollment.
The bill appropriates $5 million in general purpose revenue for the grants in each
of the fiscal years 1999-00 and 2000-01.
The bill also requires the Board of Regents of the University of Wisconsin (UW)
System to direct schools of education and other research-oriented departments in the
system to work with the state technical college board, school districts, private schools and
DPI to present to school districts and private schools the results of research on models
for and approaches to improving school safety and reducing discipline problems in schools
and at school activities. The bill creates a similar requirement applicable to the state
technical college board.
Safe School Plans
This bill creates a requirement that each school district in the state implement a
safe school plan for each school in the school district. The requirement takes effect on the
first day of the sixth month beginning after publication of the act.
Suspension or Expulsion for a Threat
Under current law, a school district:
1. May suspend a pupil for noncompliance with a school rule and may expel a pupil
for repeated refusal to obey the rules.
2. May suspend or expel a pupil for conduct while at school or under the supervision
of a school authority that endangers the property, health or safety of others, and must
suspend and expel a pupil for possession of a firearm while at school or under the
supervision of a school authority.
3. May suspend or expel a pupil for 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 endangers the property,
health or safety of any employe or school board member of the school district.
4. May suspend or expel a pupil for 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 (that is, making a bomb threat to
destroy school property).
For an expulsion, the school board must also be satisfied that the interest of the
school demands the pupil's expulsion.
This bill specifies that for suspensions and expulsions, conduct that endangers a
person or property includes making a threat to the health or safety of a person or making
a threat to damage property. (See items 2. and 3., above.)
Hotline
Under current law, the department of justice (DOJ) is required to maintain a
toll-free telephone number during normal retail business hours for persons to provide
information regarding suspected violations of laws concerning controlled substances
(dangerous drugs).
This bill requires DOJ to maintain a single toll-free telephone number both for
information regarding suspected controlled substances law violations and for persons to
anonymously provide information regarding dangerous weapons or criminal activity in
public or private schools.
If a call is made to the toll-free telephone number outside of normal retail business
hours, DOJ shall provide for the call to be received by a telephone answering system or
service. That system or service shall provide a recorded message that requests the person
calling to call "911" or a local law enforcement agency if the person is calling to provide
information regarding dangerous weapons or criminal activity in a school.
The bill also provides that, immediately upon receiving any information regarding
dangerous weapons or criminal activity in a school, or immediately at the beginning of
the next retail business day if the information is not received during normal retail
business hours, DOJ must provide the information to the administration of the school and
the appropriate law enforcement agency for the municipality in which the school is
located.
Parental Liability
Current law sets forth certain limits on parental liability for damages resulting
from acts of a minor child. In general, except for recovery for retail theft (which has
separate provisions on amounts recoverable), the maximum recovery from any parent or
parents may not exceed $5,000 for damages resulting from any one act of a "juvenile" in
addition to costs and reasonable attorney fees.
This bill creates a new provision establishing a higher maximum dollar amount for
parental liability for certain violence-related acts of minor children. Under the bill, for
damages caused to the property of a school district or private school by any of the following
acts by a minor child, the maximum recovery by a school board or governing body of a
private school from any parent or parents with custody of the child may not exceed
$10,000:
1. An act or threat that endangers the health or safety of others at school or under
the supervision of a school authority or that is intended to damage the property of a school
district, private school or persons at school or under the supervision of a school authority
and that results in a substantial disruption of a school day or a school activity.
2. A violation of any of the following:
a. Section 943.01, stats., relating to damage to property.
b. Section 943.02, stats., relating to arson of buildings and damage of property by
explosives.
c. Section 943.03, stats., relating to arson of property other than a building.
d. Section 943.05, stats., relating to placing combustible or explosive materials in
or near property with intent to set fire or blow up the property.
e. Section 947.015, stats., relating to bomb scares.
The bill specifies that in addition to other types of damages, a school board or
governing body of a private school may recover the school district's or private school's cost
in loss of instructional time directly resulting from the act of the minor child.
Reporting a Pupil Without a Parent or Guardian
This bill creates a new reporting requirement relating to a pupil without a parent
or guardian. Under the bill, if a pupil is a child who is without a parent or guardian, any
school teacher, school administrator, school counselor or school social worker who knows
that the child is without a parent or guardian must report that fact as soon as possible
to the appropriate county department of social services or, in Milwaukee County, to the
department of health and family services (DHFS). This requirement does not apply to
a pupil who has a legal custodian, as defined in s. 48.02 (11), stats., or who is cared for
by a kinship care relative under s. 48.57 (3m), stats., or a long-term kinship care relative
under s. 48.57 (3n), stats.
Suspension and Expulsion Data in School Performance Report
Under current law, the state superintendent of public instruction must develop a
school and school district performance report for use by school districts. Each school
board must distribute the report to the parent or guardian of each pupil enrolled in the
school district, including pupils enrolled in charter schools, or give the report to each pupil
to take home to his or her parent or guardian. The state superintendent must publish
and distribute to the legislature a summary of the school districts' reports.
Current law specifies that the report must include indicators of academic
achievement; other indicators of school and school district performance; staffing and
financial information; data on pupils participating in the part-time open enrollment
program; and the method of reading instruction and reading textbooks used in the school
district. Among other items, the other indicators of school and school district
performance must include numbers of suspensions and expulsions.
This bill specifies that, in addition to numbers of suspensions and expulsions, the
school or school district performance report must include all of the following:
1. The reasons for which pupils are suspended or expelled, reported according to
categories specified by the state superintendent.
2. The length of time for which pupils are expelled, reported according to categories
specified by the state superintendent.
