AB199, s. 23 16Section 23 . 39.41 (1) (br) of the statutes is created to read:
AB199,13,1717 39.41 (1) (br) "Tribal school" has the meaning given in s. 115.001 (16).
AB199, s. 24 18Section 24 . 39.41 (1m) (a) (intro.), (b), (c) 4. and 5., (e), (em), (g) and (j) of the
19statutes are amended to read:
AB199,13,2220 39.41 (1m) (a) (intro.) Subject to par. (d), by February 15 of each school year,
21the school board of each school district operating one or more high schools and the
22governing body of each private high school and of each tribal high school shall:
AB199,14,6
1(b) By February 15 of each school year, the school board of each school district
2operating one or more high schools and the governing body of each private high
3school and of each tribal high school may, for each high school with an enrollment of
4less than 80 pupils, nominate the senior with the highest grade point average in all
5subjects who may be designated as a scholar by the executive secretary under par.
6(c) 3.
AB199,14,107 (c) 4. For each public or, private, or tribal high school with an enrollment of at
8least 80 pupils, notify the school board of the school district operating the public high
9school or the governing body of the private or tribal high school of the number of
10scholars to be designated under par. (a).
AB199,14,1511 5. For each public or, private, or tribal high school with an enrollment of less
12than 80 pupils, notify the school board of the school district operating the public high
13school or the governing body of the private or tribal high school that the school board
14or governing body may nominate a senior under par. (b) who may be designated as
15a scholar by the executive secretary.
AB199,15,416 (e) Except as provided under par. (em), if 2 or more seniors from the same high
17school of less than 80 pupils have the same grade point average and, except for the
18limitation of one nominated senior, are otherwise eligible for nomination under par.
19(b), the faculty of the high school shall select the senior who may be nominated by
20the school board of the school district operating the public high school or the
21governing body of the private or tribal high school for designation under par. (b) as
22a scholar by the executive secretary. If that senior is designated as a scholar by the
23executive secretary and does not qualify for a higher education scholarship under
24sub. (2) (a) or (3) (a), faculty of the high school shall select one or more of the
25remaining seniors with the same grade point average for certification as a scholar

1and the school board of the school district operating the high school or the governing
2body of the private or tribal high school shall certify to the board one or more of these
3seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a)
4or (3) (a) until the scholarship may be awarded by the board.
AB199,15,145 (em) If the high school weights different courses differently to determine a
6pupil's grade point average, and the senior designated as a scholar by the executive
7secretary under par. (e) does not qualify for a higher education scholarship under
8sub. (2) (a) or (3) (a), the faculty of the high school shall select one senior with the
9same grade point average for certification as a scholar, or, if there is no senior with
10the same grade point average, one senior with the next highest grade point average
11for certification as a scholar, and the school board of the school district operating the
12high school or the governing body of the private or tribal high school shall certify to
13the board the selected senior as eligible for a higher education scholarship as a
14scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.
AB199,15,2315 (g) Notwithstanding par. (a), if a high school of at least 80 pupils closes or
16merges in the 1991-92 school year or in any school year thereafter, the school board
17of the school district operating the high school or the governing body of the private
18or tribal high school shall, subject to par. (d), for each of the 2 school years following
19the closure or merger, designate the same number of scholars from among the pupils
20enrolled in the high school at the time of closure or merger as the number of scholars
21designated for that high school in the school year the high school closed or merged.
22Any seniors designated under this paragraph shall be eligible for an original
23scholarship under this section.
AB199,16,324 (j) In the event that 2 or more seniors from the same high school of at least 80
25pupils have the same grade point average and are otherwise eligible for designation

1under par. (a), the school board of the school district operating the high school or the
2governing body of the private or tribal high school shall make the designation of the
3faculty of the high school for purposes of par. (d) or (i).
Note: Sections 22 to 24 include seniors at a tribal high school in the academic
excellence higher education scholarships program that provides certain seniors with
academic scholarships at the UW, technical college, or participating private institutions
of higher education.
AB199, s. 25 4Section 25. 45.20 (2) (a) 1., (c) 1. and (d) 1. of the statutes are amended to read:
AB199,16,115 45.20 (2) (a) 1. The department shall administer a tuition reimbursement
6program for eligible veterans enrolling as undergraduates in any institution of
7higher education in this state, enrolling in a school that is approved under s. 45.03
8(11), enrolling in a proprietary school that is approved under s. 38.50, enrolling in a
9public or private high school, enrolling in a tribal school, as defined in s. 115.011 (16),
10that operates high school grades,
or receiving a waiver of nonresident tuition under
11s. 39.47.
AB199,17,212 (c) 1. A veteran who meets the eligibility requirements under par. (b) 1. may
13be reimbursed upon satisfactory completion of an undergraduate semester in any
14institution of higher education in this state, or upon satisfactory completion of a
15course at any school that is approved under s. 45.03 (11), any proprietary school that
16is approved under s. 38.50, any public or private high school, any tribal school, as
17defined in s. 115.001 (16), that operates high school grades,
or any institution from
18which the veteran receives a waiver of nonresident tuition under s. 39.47. Except as
19provided in par. (e), the amount of reimbursement may not exceed the total cost of
20the veteran's tuition minus any grants or scholarships that the veteran receives
21specifically for the payment of the tuition, or, if the tuition is for an undergraduate
22semester in any institution of higher education, the standard cost of tuition for a

1state resident for an equivalent undergraduate semester at the University of
2Wisconsin-Madison, whichever is less.
AB199,17,83 (d) 1. A veteran's eligibility for reimbursement under this subsection at any
4institution of higher education in this state, at a school that is approved under s.
545.03 (11), at a proprietary school that is approved under s. 38.50, at a public or
6private high school, at a tribal school, as defined in s. 115.001 (16), that operates high
7school grades,
or at an institution where he or she is receiving a waiver of nonresident
8tuition under s. 39.47 is limited to the following:
Note: Provides that a veteran is eligible for reimbursement for a course taken at
a tribal high school under certain circumstances.
AB199, s. 26 9Section 26. 46.275 (3r) (a) 3. of the statutes is amended to read:
AB199,17,1310 46.275 (3r) (a) 3. The person will be relocated into the home of the person's
11parent or guardian and will be receiving state monitoring of the relocation and
12services provided by a public or private school or a tribal school, as defined in s.
13115.001 (16)
.
Note: Current law permits the department of health and family services (DHFS)
to relocate a resident of a state center for the developmentally disabled to the community
without county participation under certain circumstances, including the circumstance in
s. 46.275 (3r) (a) 3., stats., which is amended to include a tribal school.
AB199, s. 27 14Section 27. 48.02 (18m) of the statutes is created to read:
AB199,17,1515 48.02 (18m) "Tribal school" has the meaning given in s. 115.001 (16).
AB199, s. 28 16Section 28. 48.345 (12) (a) 5. of the statutes is created to read:
AB199,17,1817 48.345 (12) (a) 5. Pursuant to a contractual agreement with the school district
18in which the child resides, an educational program provided by a tribal school.
AB199, s. 29 19Section 29. 48.345 (12) (c) of the statutes is amended to read:
AB199,18,520 48.345 (12) (c) The judge shall order the county department, department, in
21a county having a population of 500,000 or more, or licensed child welfare agency

1responsible for supervising the child to disclose to the school board, technical college
2district board, tribal school, or private, nonprofit, nonsectarian agency which is
3providing an educational program under par. (a) 3. records or information about the
4child, as necessary to assure the provision of appropriate educational services under
5par. (a).
Note: Under current law, a child in need of protection or services (CHIPS)
dispositional order may include an order that a child attend an educational program
provided by the school district or one of several programs under contract with the school
district. Current law does not include a tribal school.
Section 48.345 (12) (a) 5., stats., specifies that the court is permitted to order a child
to attend a tribal school if the school district has a contract with the tribal school for such
placements. Section 48.345 (12) (c), stats., is amended to require the court to order the
supervising agency to disclose information to the tribal school necessary to assure
appropriate educational services in such cases. Also see ss. 121.78 (4) and 938.34 (7d) (a)
5. and (c), stats., below.
AB199, s. 30 6Section 30. 48.355 (2) (c) of the statutes is amended to read:
AB199,18,137 48.355 (2) (c) If school attendance is a condition of an order under par. (b) 7.,
8the order shall specify what constitutes a violation of the condition and shall direct
9the school board of the school district, or the governing body of the private school, in
10which the child is enrolled, or shall request the governing body of the tribal school
11in which the child is enrolled,
to notify the county department that is responsible for
12supervising the child or, in a county having a population of 500,000 or more, the
13department within 5 days after any violation of the condition by the child.
Note: Under s. 48.355 (2) (b) 7., stats., a CHIPS dispositional order may state the
conditions with which the child must comply. If school attendance is a condition, current
law requires that the order direct the school board or the governing body of a private
school to notify the court within 5 days of a violation of the condition. The bill requires
that the court order request that a tribal school do so.
AB199, s. 31 14Section 31. 48.396 (1) of the statutes is amended to read:
AB199,19,2315 48.396 (1) Law enforcement officers' records of children shall be kept separate
16from records of adults. Law enforcement officers' records of the adult expectant
17mothers of unborn children shall be kept separate from records of other adults. Law

1enforcement officers' records of children and the adult expectant mothers of unborn
2children shall not be open to inspection or their contents disclosed except under sub.
3(1b), (1d), (5), or (6) or s. 48.293 or by order of the court. This subsection does not
4apply to the representatives of newspapers or other reporters of news who wish to
5obtain information for the purpose of reporting news without revealing the identity
6of the child or adult expectant mother involved, to the confidential exchange of
7information between the police and officials of the public or private school attended
8by the child or other law enforcement or social welfare agencies, or to children 10
9years of age or older who are subject to the jurisdiction of the court of criminal
10jurisdiction. A public school official who obtains information under this subsection
11shall keep the information confidential as required under s. 118.125 , and a private
12school official who obtains information under this subsection shall keep the
13information confidential in the same manner as is required of a public school official
14under s. 118.125. This subsection does not apply to the confidential exchange of
15information between the police and officials of the tribal school attended by the child
16if the police determine that enforceable protections are provided by a tribal school
17policy or tribal law that requires tribal school officials to keep the information
18confidential in a manner at least as stringent as is required of a public school official
19under s. 118.125.
A law enforcement agency that obtains information under this
20subsection shall keep the information confidential as required under this subsection
21and s. 938.396 (1) (a). A social welfare agency that obtains information under this
22subsection shall keep the information confidential as required under ss. 48.78 and
23938.78.
Note: Current law provides that the subsection which specifies that, subject to
certain exceptions, law enforcement records relating to children under ch. 48 (the
children's code) are confidential does not apply to the confidential exchange of

information between the police and school officials. Current law further requires that
public school officials who obtain information under this provision keep the information
confidential as required in s. 118.125, stats. (relating to the confidentiality of pupil
records). Current law also requires that private school officials who obtain information
under this provision keep the information confidential in the same manner as is required
of a public school official. The bill permits the police to confidentially exchange
information with tribal school officials if the police determine that a tribal school policy
or tribal law provides enforceable protections that require tribal school officials to keep
the information confidential in a manner at least as stringent as is required of public and
private school officials.
AB199, s. 32 1Section 32. 48.65 (2) (b) of the statutes is amended to read:
AB199,20,22 48.65 (2) (b) A public or parochial school or a tribal school.
Note: The day care license statute requires that, with certain exceptions, a facility
that provides care for 4 or more children under the age of 7 must obtain a day care center
license. Because the day care license statute is a state civil regulatory law, it is not clear
that this statute applies to a facility operated by a tribe or tribal member on a reservation
or off-reservation trust land, although a tribe or tribal member may choose to obtain a
license. In the event a court interprets the day care license statute as applying to a tribe
or tribal member, the bill makes clear that a tribal school is not subject to this statute.
AB199, s. 33 3Section 33. 48.78 (2) (b) of the statutes is amended to read:
AB199,21,44 48.78 (2) (b) Paragraph (a) does not apply to the confidential exchange of
5information between an agency and another social welfare agency, a law
6enforcement agency, a public school, or a private school regarding an individual in
7the care or legal custody of the agency. A social welfare agency that obtains
8information under this paragraph shall keep the information confidential as
9required under this section and s. 938.78. A law enforcement agency that obtains
10information under this paragraph shall keep the information confidential as
11required under ss. 48.396 (1) and 938.396 (1) (a). A public school that obtains
12information under this paragraph shall keep the information confidential as
13required under s. 118.125, and a private school that obtains information under this
14paragraph shall keep the information confidential in the same manner as is required
15of a public school under s. 118.125. Paragraph (a) does not apply to the confidential
16exchange of information between an agency and officials of a tribal school regarding

1an individual in the care or legal custody of the agency if the agency determines that
2enforceable protections are provided by a tribal school policy or tribal law that
3requires tribal school officials to keep the information confidential in a manner at
4least as stringent as is required of a public school official under s. 118.125.
Note: Section 48.78 (2) (a), stats., provides that, subject to certain exceptions,
DHFS, a county department of human services or county department of social services,
a licensed child welfare agency, or a licensed day care center (collectively referred to as
agency) must keep its records relating to children under ch. 48, stats., confidential.
Section 48.78 (2) (b), stats., provides an exception and permits the confidential exchange
of information with a public or private school which is then required to keep the
information confidential if required to do so under the pupil records statute. The bill
permits an agency to confidentially exchange information with tribal school officials if the
agency determines that a tribal school policy or tribal law provides enforceable
protections that require tribal school officials to keep the information confidential in a
manner at least as stringent as is required of public and private school officials.
AB199, s. 34 5Section 34. 49.26 (1) (a) 2. bm. of the statutes is created to read:
AB199,21,66 49.26 (1) (a) 2. bm. A tribal school, as defined in s. 115.001 (16).
Note: Includes a tribal school in the definition of a "school" under the learnfare
program, which requires certain individuals to attend school under certain
circumstances as a condition of eligibility under the Wisconsin works program.
AB199, s. 35 7Section 35. 49.26 (1) (g) 2. of the statutes is amended to read:
AB199,21,108 49.26 (1) (g) 2. The individual has not graduated from a public or, private, or
9tribal
high school or obtained a declaration of equivalency of high school graduation
10under s. 115.29 (4).
Note: Provides an exception for the school attendance requirement under the
learnfare program if an individual has graduated from a tribal high school.
AB199, s. 36 11Section 36. 51.45 (4) (d) of the statutes is amended to read:
AB199,21,1712 51.45 (4) (d) Cooperate with the department of public instruction, local boards
13of education, schools, including tribal schools, as defined in s. 115.001 (16), police
14departments, courts, and other public and private agencies, organizations, and
15individuals in establishing programs for the prevention of alcoholism and treatment
16of alcoholics and intoxicated persons, and preparing curriculum materials thereon
17for use at all levels of school education.

Note: Requires DHFS to cooperate with various entities, including tribal schools,
to establish alcoholism prevention and treatment programs and to prepare curriculum
materials.
AB199, s. 37 1Section 37 . 103.21 (7) of the statutes is created to read:
AB199,22,22 103.21 (7) "Tribal school" has the meaning given in s. 115.001 (16).
AB199, s. 38 3Section 38 . 103.23 (2) (intro.) and (a) of the statutes are amended to read:
AB199,22,64 103.23 (2) (intro.) A minor under 12 years of age may work in a fund-raising
5sale for a nonprofit organization, a public school or , a private school, or a tribal school
6under the following conditions:
AB199,22,87 (a) Each minor must give the nonprofit organization, public school or, private
8school, or tribal school written approval from the minor's parent or guardian.
AB199, s. 39 9Section 39. 103.25 (3m) (c) and (5) of the statutes are amended to read:
AB199,22,1210 103.25 (3m) (c) This subsection does not apply to employment of a minor by a
11newspaper publisher or in a fund-raising sale for a nonprofit organization, a public
12school or, a private school, or a tribal school.
AB199,22,14 13(5) This section does not apply to employment of a minor in a fund-raising sale
14for a nonprofit organization, a public school or, a private school, or a tribal school.
AB199, s. 40 15Section 40. 103.27 (3) of the statutes is amended to read:
AB199,22,1816 103.27 (3) This section does not apply to employment of a minor in a
17fund-raising sale for a nonprofit organization, a public school or, a private school, or
18a tribal school
.
AB199, s. 41 19Section 41 . 103.275 (8) of the statutes is amended to read:
AB199,22,2220 103.275 (8) Exception. This section does not apply to the employment of a
21minor by a newspaper publisher or in a fund-raising sale for a nonprofit
22organization, a public school or, a private school, or a tribal school.
Note: Section 37 creates a definition of "tribal school" for purposes of the statutes
relating to minors working in the street trades or fund raising. In general, minors doing

fund raising by selling for a public or private school are exempt from these statutes. The
courts have not made clear if these statutes may be applied on reservations or on
off-reservation trust land to minors who are engaged in such activities for a tribal school.
While a court may be less likely to apply the statute to American Indian minors who are
fund raising on their own reservation or off-reservation trust land, it is possible that a
court would apply the statute to non-Indian minors who are fund raising for a tribal
school.
Sections 38 to 41 specify that the statutes do not apply if a minor is engaged in
fund-raising activities for a tribal school.
AB199, s. 42 1Section 42. 103.64 (6) of the statutes is created to read:
AB199,23,22 103.64 (6) "Tribal school" has the meaning given in s. 115.001 (16).
Note: Defines tribal school as used in ss. 103.67 (2) (c) and 103.71 (1) (b), below.
AB199, s. 43 3Section 43. 103.67 (2) (c) of the statutes is amended to read:
AB199,23,64 103.67 (2) (c) Minors 12 years of age or older may be employed in street trades,
5and any minor may work in fund-raising sales for nonprofit organizations, public
6schools or, private schools, or tribal schools, as provided in ss. 103.21 to 103.31.
Note: Relates to Sections 37 and 41 , above.
AB199, s. 44 7Section 44. 103.71 (1) (b) of the statutes is amended to read:
AB199,23,148 103.71 (1) (b) A diploma or certificate to this effect issued by the superintendent
9of the parochial school system or by the principal of the parochial or private school
10or tribal school last attended by such minor. Such superintendent, principal, or clerk
11shall issue such diploma or certificate upon receipt of any application in behalf of any
12minor entitled thereto. As used in this paragraph the term "school district" shall
13apply to all regularly constituted school districts, including union free high school
14districts.
Note: Permits a child who has completed high school, including a tribal high
school, to be employed during school hours.
AB199, s. 45 15Section 45. 115.001 (16) of the statutes is created to read:
AB199,24,316 115.001 (16) "Tribal school" means an institution with an educational program
17that has as its primary purpose providing education in any grade or grades from
18kindergarten to 12 and that is controlled by the elected governing body of a federally

1recognized American Indian tribe or band in Wisconsin or by a tribal educational
2authority established under the laws of a federally recognized American Indian tribe
3or band in Wisconsin.
Note: Defines tribal school for purposes of chs. 115 to 121, stats., which relate to
K-12 education. This definition is also cross-referenced in statutes outside these
chapters that are being amended to refer to tribal schools.
AB199, s. 46 4Section 46. 115.28 (7) (b) and (e) 1. and (11) (intro.) of the statutes are amended
5to read:
AB199,24,156 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of
7applicants and granting and revocation of licenses or certificates under par. (a), the
8state superintendent shall grant certificates and licenses to teachers in private
9schools and tribal schools, except that teaching experience requirements for such
10certificates and licenses may be fulfilled by teaching experience in either public or,
11private, or tribal schools. An applicant is not eligible for a license or certificate unless
12the state superintendent finds that the private school or tribal school in which the
13applicant taught offered an adequate educational program during the period of the
14applicant's teaching therein. Private schools are not obligated to employ only
15licensed or certified teachers.
Note: Provides that, although state law does not require that teachers in tribal
schools have a state license, a state license may be issued if the applicant who teaches in
a tribal school meets the state license criteria. Further provides that appropriate
experience in a tribal school is counted in determining teaching experience under the
state licensure law.
Whether a tribal school is obligated to employ only state licensed or certified
teachers is determined by tribal law (or by federal law if the tribal school receives funding
from the BIA). Because the issue is not determined by state law, the bill does not include
language regarding the matter.
AB199,25,316 (e) 1. In this paragraph, "alternative education program" means an
17instructional program, approved by the school board, that utilizes successful
18alternative or adaptive school structures and teaching techniques and that is
19incorporated into existing, traditional classrooms or regularly scheduled curricular

1programs or that is offered in place of regularly scheduled curricular programs.
2"Alternative educational program" does not include a private school , a tribal school,
3or a home-based private educational program.
Note: For the alternative education program license, specifies that, like a private
school, an alternative educational program does not include a tribal school.
AB199,25,10 4(11) Driver education courses. (intro.) Approve driver education courses
5offered by school districts, county children with disabilities education boards, and
6technical college districts for the purposes of s. 343.16 (1) (c) 1. and establish
7minimum standards for driver education courses offered in private schools and tribal
8schools
for the purposes of s. 343.16 (1) (c) 3. All driver education courses approved
9or for which standards are established under this subsection shall do all of the
10following:
Note: Requires the state superintendent to establish minimum standards for
driver education courses offered in tribal schools so that the courses can be accepted by
the department of transportation (DOT) under ss. 343.06 (1) (c) and 343.16, stats., which
relate to qualifications for a driver's license and examining applicants for a driver's
license.
If the tribal school does not comply with the requirements for the driver education
course, the consequence would be that DOT cannot accept the tribal school course for
purposes of the driver's license statute.
AB199, s. 47 11Section 47. 115.34 (2) of the statutes is amended to read:
AB199,25,2012 115.34 (2) The state superintendent shall make payments to school districts,
13private schools, charter schools under s. 118.40 (2r), tribal schools, the program
14under s. 115.52, and the center under s. 115.525 for school lunches served to children
15in the prior year as determined by the state superintendent from the appropriation
16under s. 20.255 (2) (cn). Payments shall equal the state's matching obligation under
1742 USC 1751 et seq. Payments in the current year shall be determined by prorating
18the state's matching obligation based on the number of school lunches served to
19children in the prior year. In this subsection, "private school" means any school
20defined in s. 115.001 (3r) which complies with the requirements of 42 USC 2000d.

Note: Adds tribal schools to the school lunch program.
AB199, s. 48 1Section 48. 115.341 of the statutes is amended to read:
AB199,26,8 2115.341 School breakfast program. (1) From the appropriation under s.
320.255 (2) (cm), the state superintendent shall reimburse each school board 10 cents
4for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or
5220.8a, whichever is applicable, and shall reimburse each governing body of a
6private school or tribal school 10 cents for each breakfast served at the private school
7or tribal school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is
8applicable.
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