AB725: Bill Text

LRB-3736/2

PG:kmg:rs

2003 - 2004 LEGISLATURE

2003 Assembly BILL 725

January 5, 2004 - Introduced by Representatives Olsen, Towns, Bies, Gielow, Gunderson, Kestell, Kreibich, J. Lehman, M. Lehman, Musser, Petrowski, Rhoades and J. Wood, cosponsored by Senators Welch and Brown. Referred to Committee on Education.

AB725,1,8 An Act to repeal 101.14 (1) (d), 115.001 (11), 115.28 (3m) (c), 115.28 (7m), 115.28 (32), 115.28 (33), 115.28 (34), 115.28 (37), 115.28 (44), 118.015 (2) and (3), 118.07 (2) (b), 118.258 (2) (b), 120.12 (13) and 120.25 (5); to renumber 118.258 (2) (a) and 120.12 (17); to renumber and amend 118.07 (2) (a); and to amend 118.019 (5), 118.126 (1) (intro.), 118.126 (1) (b), 118.126 (2), 118.257 (1) (c), 118.258 (1), 118.38 (1) (a) 7., 120.12 (23), 120.13 (11), 121.53 (6), 121.54 (2) (b) 1. and 250.06 (6) of the statutes; relating to: eliminating various school district and Department of Public Instruction requirements.

Analysis by the Legislative Reference Bureau

This bill makes a variety of changes to the laws governing elementary and secondary education, including:

1. Current law, with some exceptions, requires a school district to provide transportation to and from school for a pupil attending a private school that is located at least two miles from the pupil's residence. This bill provides that a school district providing transportation for private school pupils must do so only on days on which public school is held in the school district.

2. Current law directs the Department of Public Instruction (DPI) to license school nurses, although a school district may employ a nurse who is not licensed by DPI. This bill eliminates the authority of DPI to license nurses as school nurses.

3. Each school district is currently required to employ a reading specialist, certified by DPI, to develop and coordinate a comprehensive reading curriculum. This bill eliminates this requirement.

4. Currently, a school board must pay the tuition of a pupil enrolled in the school district who attends the University of Wisconsin System if the course that the pupil is taking is not offered in the school district, the pupil will receive high school credit for the course, and the pupil is not participating in the Youth Options Program. This bill eliminates this requirement.

5. Current law requires each public and private school to file a report annually pertaining to fire drills with the Department of Commerce and with the local fire department. This bill eliminates this requirement. The bill requires each public and private school to keep a record of each fire drill for at least seven years.

6. Currently, a school district that offers an instructional program in human growth and development must appoint an advisory committee to review the curriculum of the program every three years. This bill requires the committee to review the curriculum as needed.

7. Current law directs each school board to adopt rules prohibiting a pupil from using or possessing a paging or two-way communication device while on school premises and to submit the rules to DPI. This bill eliminates these requirements. Under the bill, if a school board adopts such rules, it must provide a copy to each pupil enrolled in the school district.

8. Current law requires a school board to report school bus accidents to DPI. This bill eliminates this requirement.

9. Current law requires a school district to report to DPI when the school district contracts with another school district to acquire or use the latter district's facilities or equipment. This bill eliminates this requirement.

10. This bill eliminates the requirement that a school board annually adopt a policy on access to extracurricular and recreational school programs and activities.

11. This bill eliminates the requirement that DPI coordinate the exchange of teachers.

12. This bill eliminates the requirement that DPI promote public awareness of, access to, and training of health professionals for rural and underserved urban areas.

13. This bill eliminates the requirement that school boards maintain a mailbox for each school located on a rural mail route.

14. This bill eliminates the requirement that DPI report to the legislature every three years on all cooperative educational service agency programs and services.

For further information see the state and 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:

AB725, s. 1 Section 1. 101.14 (1) (d) of the statutes is repealed.

AB725, s. 2 Section 2. 115.001 (11) of the statutes is repealed.

AB725, s. 3 Section 3. 115.28 (3m) (c) of the statutes is repealed.

AB725, s. 4 Section 4. 115.28 (7m) of the statutes is repealed.

AB725, s. 5 Section 5. 115.28 (32) of the statutes is repealed.

AB725, s. 6 Section 6. 115.28 (33) of the statutes is repealed.

AB725, s. 7 Section 7. 115.28 (34) of the statutes is repealed.

AB725, s. 8 Section 8. 115.28 (37) of the statutes is repealed.

AB725, s. 9 Section 9. 115.28 (44) of the statutes is repealed.

AB725, s. 10 Section 10. 118.015 (2) and (3) of the statutes are repealed.

AB725, s. 11 Section 11. 118.019 (5) of the statutes is amended to read:

AB725,3,18 118.019 (5) Advisory committee. In any school district that offers a human growth and development curriculum, the school board shall appoint an advisory committee composed of parents, teachers, school administrators, pupils, health care professionals, members of the clergy and other residents of the school district. The advisory committee shall develop the human growth and development curriculum and advise the school board on the design, review and implementation of the advisory committee's human growth and development curriculum. The advisory committee shall review the curriculum at least every 3 years as needed.

AB725, s. 12 Section 12. 118.07 (2) (a) of the statutes is renumbered 118.07 (2) and amended to read:

AB725,4,2 118.07 (2) Once each month, without previous warning, the person having direct charge of any public or private school shall drill all pupils in the proper method of departure from the building as if in case of fire, except when the person having direct charge deems that the health of the pupils may be endangered by inclement weather conditions. The school board or governing body of the private school shall maintain for at least 7 years a record of each fire drill conducted.

AB725, s. 13 Section 13. 118.07 (2) (b) of the statutes is repealed.

AB725, s. 14 Section 14. 118.126 (1) (intro.) of the statutes is amended to read:

AB725,4,9 118.126 (1) (intro.) A school psychologist, school counselor, school social worker, and nurse, and any teacher or administrator designated by the school board who engages in alcohol or drug abuse program activities, shall keep confidential information received from a pupil that the pupil or another pupil is using or is experiencing problems resulting from the use of alcohol or other drugs unless:

AB725, s. 15 Section 15. 118.126 (1) (b) of the statutes is amended to read:

AB725,4,16 118.126 (1) (b) The school psychologist, school counselor, school social worker, nurse, teacher, or administrator has reason to believe that there is serious and imminent danger to the health, safety, or life of any person and that disclosure of the information to another person will alleviate the serious and imminent danger. No more information than is required to alleviate the serious and imminent danger may be disclosed; or

AB725, s. 16 Section 16. 118.126 (2) of the statutes is amended to read:

AB725,4,23 118.126 (2) A school psychologist, school counselor, school social worker, or nurse, or any teacher or administrator designated by the school board who engages in alcohol or drug abuse program activities, who in good faith discloses or fails to disclose information under sub. (1) is immune from civil liability for such acts or omissions. This subsection does not apply to information required to be reported under s. 48.981.

AB725, s. 17 Section 17. 118.257 (1) (c) of the statutes is amended to read:

AB725,5,2 118.257 (1) (c) "Pupil services professional" means a school counselor, school social worker, school psychologist, or school nurse.

AB725, s. 18 Section 18. 118.258 (1) of the statutes is amended to read:

AB725,5,9 118.258 (1) Each A school board shall may adopt rules prohibiting a pupil from using or possessing an electronic paging or 2-way communication device while on premises owned or rented by or under the control of a public school. The rules may allow for the use or possession of such a device by a pupil if the school board or its designee determines that the device is used or possessed for a medical, school, educational, vocational, or other legitimate use.