118.29(2)(b)
(b) Subject to
sub. (4m), any school district administrator, county children with disabilities education board administrator, cooperative educational service agency administrator, public, private, or tribal school principal, or private or tribal school administrator who authorizes an employee or volunteer to administer a nonprescription drug product or prescription drug to a pupil under
par. (a) is immune from civil liability for the act of authorization unless it constitutes a high degree of negligence or the administrator or principal authorizes a person who has not received the required training under
sub. (6) to administer a nonprescription drug product or prescription drug to a pupil.
Effective date note
NOTE: Par. (b) is shown as affected eff. 3-1-11 by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i). Prior to 3-1-11, par. (b) reads:
Effective date text
(b) Subject to sub. (4m), any school district administrator, county children with disabilities education board administrator, cooperative educational service agency administrator, public, private, or tribal school principal, or private or tribal school administrator who authorizes an employee or volunteer to administer a drug or prescription drug to a pupil under par. (a) is immune from civil liability for the act of authorization unless it constitutes a high degree of negligence.
118.29(3)
(3) Emergency care; civil liability exemption. Any school bus operator validly authorized under
ss. 343.12 and
343.17 (3) (c) to operate the school bus he or she is operating and any public, private, or tribal school employee or volunteer, county children with disabilities education board employee or volunteer, or cooperative educational service agency employee or volunteer, other than a health care professional, who in good faith renders emergency care to a pupil of a public, private, or tribal school is immune from civil liability for his or her acts or omissions in rendering such emergency care. The immunity from civil liability provided under this subsection is in addition to and not in lieu of that provided under
s. 895.48 (1).
118.29(4)
(4) Written policies. Any school board, county children with disabilities education board, cooperative educational service agency or governing body of a private school whose employees or volunteers may be authorized to administer nonprescription drug products or prescription drugs to pupils under this section shall adopt a written policy governing the administration of nonprescription drug products and prescription drugs to pupils. In developing the policy, the school board, board, agency or governing body shall seek the assistance of one or more school nurses who are employees of the school board, board, agency or governing body or are providing services or consultation under
s. 121.02 (1) (g). The policy shall include procedures for obtaining and filing in the school or other appropriate facility the written instructions and consent required under
sub. (2) (a), for the periodic review of such written instructions by a registered nurse licensed under
s. 441.06 or in a party state, as defined in
s. 441.50 (2) (j), for the storing of nonprescription drug products and prescription drugs, and for record keeping, including documenting the administration of each dose, including errors.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 3-1-11 by
2009 Wis. Act 160. Prior to 3-1-11 it reads:
Effective date text
(4) Written policies. Any school board, county children with disabilities education board, cooperative educational service agency or governing body of a private school whose employees or volunteers may be authorized to administer drugs or prescription drugs to pupils under this section shall adopt a written policy governing the administration of drugs and prescription drugs to pupils. In developing the policy, the school board, board, agency or governing body shall seek the assistance of one or more appropriate health care professionals who are employees of the school board, board, agency or governing body or are providing services or consultation under s. 121.02 (1) (g). The policy shall include procedures for obtaining and filing in the school or other appropriate facility the written instructions and consent required under sub. (2) (a), for the periodic review of such written instructions, for the storing of drugs and prescription drugs, for record keeping and for the appropriate instruction of persons who may be authorized to administer drugs or prescription drugs to pupils under this section.
118.29(4m)
(4m) Applicability to tribal school employees. The immunity under
sub. (2) applies to a tribal school employee, administrator, or volunteer only if the governing body of the tribal school has adopted a written policy that complies with
sub. (4).
118.29(5)
(5) Exemption. No employee except a health care professional may be required to administer a nonprescription drug product or prescription drug to a pupil under this section by any means other than ingestion.
Effective date note
NOTE: Sub. (5) is shown as amended eff. 3-1-11 by
2009 Wis. Act 160. Prior to 3-1-11 it reads:
Effective date text
(5) Exemption. No employee except a health care professional may be required to administer a drug or prescription drug to a pupil under this section by any means other than ingestion.
118.29(6)
(6) Training. Notwithstanding
sub. (2) (a) 1. to
2r., no school bus driver, employee, or volunteer may administer a nonprescription drug product or prescription drug under
sub. (2) (a) 1. or
2., use an epinephrine auto-injector under
sub. (2) (a) 2m., or administer glucagon under
sub. (2) (a) 2r. unless he or she has received training, approved by the department, in administering nonprescription drug products and prescription drugs. This subsection does not apply to health care professionals.
118.291
118.291
Asthmatic pupils; possession and use of inhalers. 118.291(1g)(a)
(a) "Asthma" means a chronic inflammatory disease of the airways, characterized by airway obstruction, which is at least partially reversible and which manifests as increased bronchial responsiveness to a variety of stimuli.
118.291(1g)(b)
(b) "School" includes a public, private, and tribal school.
118.291(1r)
(1r) While in school, at a school-sponsored activity or under the supervision of a school authority, an asthmatic pupil may possess and use a metered dose inhaler or dry powder inhaler if all of the following are true:
118.291(1r)(a)
(a) The pupil uses the inhaler before exercise to prevent the onset of asthmatic symptoms or uses the inhaler to alleviate asthmatic symptoms.
118.291(1r)(b)
(b) The pupil has the written approval of the pupil's physician and, if the pupil is a minor, the written approval of the pupil's parent or guardian.
118.291(1r)(c)
(c) The pupil has provided the school principal with a copy of the approval or approvals under
par. (b).
118.291(2)(a)(a) No school district, school board or school district employee is civilly liable for injury to a pupil caused by a school district employee who prohibits a pupil from using an inhaler because of the employee's good faith belief that the requirements of
sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee's good faith belief that the requirements of
sub. (1r) had been satisfied.
118.291(2)(b)
(b) No private school or private school employee is civilly liable for injury to a pupil caused by a private school employee who prohibits a pupil from using an inhaler because of the employee's good faith belief that the requirements of
sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee's good faith belief that the requirements of
sub. (1r) had been satisfied.
118.291(2)(c)
(c) No tribal school or tribal school employee is civilly liable for injury to a pupil caused by a tribal school employee who prohibits a pupil from using an inhaler because of the employee's good faith belief that the requirements of
sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee's good faith belief that the requirements of
sub. (1r) had been satisfied.
118.295
118.295
Suicide intervention; civil liability exemption. Any school board, private school, tribal school, county children with disabilities education board, or cooperative educational service agency, and any officer, employee, or volunteer thereof, who in good faith attempts to prevent suicide by a pupil is immune from civil liability for his or her acts or omissions in respect to the suicide or attempted suicide. The civil liability immunity provided in this section is in addition to and not in lieu of that provided under
s. 895.48 (1).
118.30
118.30
Pupil assessment. 118.30(1)(1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and 10th grades.
118.30(1g)(a)1.1. By August 1, 1998, each school board shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The school board may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.
118.30(1g)(a)2.
2. By January 1, 2000, or by January 1 of the 1st school year of operation, whichever is later, each operator of a charter school under
s. 118.40 (2r) shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history. The operator of the charter school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.
118.30(1g)(a)3.
3. The governing body of each private school participating in the program under
s. 119.23 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.
118.30(1g)(c)
(c) Each school board operating elementary grades and each operator of a charter school under
s. 118.40 (2r) that operates elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board or operator of the charter school develops or adopts an examination under this paragraph, it shall notify the department.
118.30(1m)
(1m) Except as otherwise provided in this section, annually each school board shall do all of the following:
118.30(1m)(a)1.1. Except as provided in
subs. (6) and
(7), administer the 4th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.
118.30(1m)(a)2.
2. Except as provided in
sub. (7), if the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.
118.30(1m)(am)1.1. Except as provided in
subs. (6) and
(7), administer the 8th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.
118.30(1m)(am)2.
2. Except as provided in
sub. (7), if the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.
118.30(1m)(b)
(b) Except as provided in
sub. (7), administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade.
118.30(1r)
(1r) Annually each operator of a charter school under
s. 118.40 (2r) shall do all of the following:
118.30(1r)(a)1.1. Except as provided in
sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils enrolled in the charter school in the 4th grade.
118.30(1r)(a)2.
2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the charter school in the 4th grade.
118.30(1r)(am)1.1. Except as provided in
sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils enrolled in the charter school in the 8th grade.
118.30(1r)(am)2.
2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the charter school in the 8th grade.
118.30(1r)(b)
(b) Administer the 10th grade examination to all pupils enrolled in the charter school in the 10th grade.
118.30(1s)(a)(a) Except as provided in
par. (b), annually, the governing body of each private school participating in the program under
s. 119.23 shall do all of the following:
118.30(1s)(a)1.
1. Administer the 4th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils attending the 4th grade in the private school under
s. 119.23.
118.30(1s)(a)2.
2. Administer the 8th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils attending the 8th grade in the private school under
s. 119.23.
118.30(1s)(a)3.
3. Administer the 10th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils attending the 10th grade in the private school under
s. 119.23.
118.30(1s)(a)4.
4. Administer to pupils attending the private school under
s. 119.23 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under
20 USC 6311 (b) (3).
118.30(1s)(b)
(b) If, before January 1, 2010, the state superintendent notifies in writing the cochairpersons of the joint committee on finance and the chairpersons of the appropriate standing committees in each house of the legislature that the department will adopt or approve substantially redesigned examinations under
sub. (1) to be initially administered to pupils in the 2011-12 school year, then, in the 2010-11 school year, the governing body of each private school participating in the program under
s. 119.23 shall administer nationally normed standardized tests in reading, mathematics, and science to pupils attending the school under
s. 119.23 in the 4th, 8th, and 10th grades instead of administering the examinations under
par. (a).
118.30(2)(a)(a) To the extent possible, all examinations under this section shall be free of bias.
118.30(2)(b)1.1. If a pupil is enrolled in a special education program under
subch. V of ch. 115, the school board, operator of the charter school under
s. 118.40 (2r), or governing body of the private school participating in the program under
s. 119.23 shall comply with
s. 115.77 (1m) (bg).
118.30(2)(b)2.
2. According to criteria established by the state superintendent by rule, the school board, operator of the charter school under
s. 118.40 (2r), or governing body of the private school participating in the program under
s. 119.23 may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under
s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.
118.30(2)(b)3.
3. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under
sub. (1m).
118.30(2)(b)4.
4. Upon the request of a pupil's parent or guardian, the operator of a charter school under
s. 118.40 (2r) shall excuse the pupil from taking an examination administered under
sub. (1r).
118.30(2)(b)5.
5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under
s. 119.23 shall excuse the pupil from taking an examination administered under
sub. (1s) (a) 1. to
3.
118.30(2)(c)
(c) The results of examinations administered under this section or under
20 USC 6311 (b) (3) to pupils enrolled in public schools, including charter schools, may not be used to discharge, suspend or formally discipline a teacher or as the reason for the nonrenewal of a teacher's contract.
118.30(2)(d)
(d) The results of examinations under this section may not be used in determining general or categorical aids to school districts.
118.30(3)(a)(a) The state superintendent shall allow a person to view an examination required to be administered under this section if the person submits to the state superintendent a written request to do so within 90 days after the date of administration of the examination. This paragraph does not apply while an examination is being developed or validated.
118.30(3)(b)
(b) The state superintendent shall promulgate rules establishing procedures to administer
par. (a). To the extent feasible, the rules shall protect the security and confidentiality of the examinations required to be administered under this section.
118.30(4)
(4) The department shall study the utility of administering technology-based performance assessments to pupils.
118.30(6)
(6) A school board and an operator of a charter school under
s. 118.40 (2r) is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under
sub. (1) if the school board or the operator of the charter school administers its own 4th and 8th grade examinations, the school board or operator of the charter school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under
sub. (1), and the federal department of education approves.
118.30(7)
(7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under
sub. (1m) regardless of the location of the charter school.
118.30 History
History: 1991 a. 269;
1993 a. 16,
367;
1995 a. 27 ss.
3971b to
3971yd,
9145 (1);
1997 a. 27,
164,
237;
1999 a. 9,
19,
32,
185,
186;
2001 a. 16,
109;
2003 a. 33;
2009 a. 28,
60.
118.30 Cross-reference
Cross-reference: See also ch.
PI 28, Wis. adm. code.
118.31
118.31
Corporal punishment. 118.31(1)(1) In this section, "corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. "Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. "Corporal punishment" does not include actions consistent with an individualized education program developed under
s. 115.787 or reasonable physical activities associated with athletic training.
118.31(2)
(2) Except as provided in
sub. (3), no official, employee or agent of a school board may subject a pupil enrolled in the school district to corporal punishment.
118.31(3)
(3) Subsection (2) does not prohibit an official, employee or agent of a school board from:
118.31(3)(a)
(a) Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person.
118.31(3)(b)
(b) Using reasonable and necessary force to obtain possession of a weapon or other dangerous object within a pupil's control.
118.31(3)(c)
(c) Using reasonable and necessary force for the purpose of self-defense or the defense of others under
s. 939.48.
118.31(3)(d)
(d) Using reasonable and necessary force for the protection of property under
s. 939.49.
118.31(3)(e)
(e) Using reasonable and necessary force to remove a disruptive pupil from a school premises or motor vehicle, as defined in
s. 125.09 (2) (a) 1. and
4., or from school-sponsored activities.
118.31(3)(f)
(f) Using reasonable and necessary force to prevent a pupil from inflicting harm on himself or herself.
118.31(3)(g)
(g) Using reasonable and necessary force to protect the safety of others.
