AB130: Bill Text Engrossed

AB130-engrossed, s. 392 Section 392. 51.14 (2) of the statutes is amended to read:

AB130-engrossed,111,9 51.14 (2) Mental health review officer. Each court assigned to exercise jurisdiction under ch chs. 48 and 938 shall designate a mental health review officer to review petitions filed under sub. (3).

AB130-engrossed, s. 393 Section 393. 51.15 (1) (a) (intro.), 3. and 4. of the statutes are amended to read:

AB130-engrossed,111,15 51.15 (1) (a) (intro.) A law enforcement officer or other person authorized to take a child into custody under ch. 48 or 938 may take an individual into custody if the officer or person has cause to believe that such individual is mentally ill, drug dependent or developmentally disabled, and that the individual evidences any of the following:

AB130-engrossed,112,2 3. A substantial probability of physical impairment or injury to himself or herself due to impaired judgment, as manifested by evidence of a recent act or omission. The probability of physical impairment or injury is not substantial under this subdivision if reasonable provision for the individual's protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's protection available in the community under this subdivision.

AB130-engrossed,112,20 4. Behavior manifested by a recent act or omission that, due to mental illness or drug dependency, he or she is unable to satisfy basic needs for nourishment, medical care, shelter or safety without prompt and adequate treatment so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue unless the individual receives prompt and adequate treatment for this mental illness or drug dependency. No substantial probability of harm under this subdivision exists if reasonable provision for the individual's treatment and protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual can receive protective placement under s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). The individual's status as a minor does not automatically establish a substantial probability of death, serious physical injury, serious physical debilitation or serious disease under this subdivision. Food, shelter or other care provided to an individual who is substantially incapable of providing the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's treatment or protection available in the community under this subdivision.

AB130-engrossed, s. 394 Section 394. 51.20 (1) (a) 2. b., c. and d. of the statutes are amended to read:

AB130-engrossed,113,6 51.20 (1) (a) 2. b. Evidences a substantial probability of physical harm to other individuals as manifested by evidence of recent homicidal or other violent behavior, or by evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them, as evidenced by a recent overt act, attempt or threat to do serious physical harm. In this subd. 2. b., if the petition is filed under a court order under s. 48.30 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising jurisdiction under ch. chs. 48 and 938 that the child committed the act or acts alleged in the petition under s. 48.12 or 48.13 938.12 or 938.13 (12) may be used to prove that the child exhibited recent homicidal or other violent behavior or committed a recent overt act, attempt or threat to do serious physical harm.

AB130-engrossed,113,20 c. Evidences such impaired judgment, manifested by evidence of a pattern of recent acts or omissions, that there is a substantial probability of physical impairment or injury to himself or herself. The probability of physical impairment or injury is not substantial under this subd. 2. c. if reasonable provision for the subject individual's protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual is appropriate for protective placement under s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). The subject individual's status as a minor does not automatically establish a substantial probability of physical impairment or injury under this subd. 2. c. Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by a person other than a treatment facility, does not constitute reasonable provision for the subject individual's protection available in the community under this subd. 2. c.

AB130-engrossed,114,13 d. Evidences behavior manifested by recent acts or omissions that, due to mental illness, he or she is unable to satisfy basic needs for nourishment, medical care, shelter or safety without prompt and adequate treatment so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue unless the individual receives prompt and adequate treatment for this mental illness. No substantial probability of harm under this subd. 2. d. exists if reasonable provision for the individual's treatment and protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual is appropriate for protective placement under s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). The individual's status as a minor does not automatically establish a substantial probability of death, serious physical injury, serious physical debilitation or serious disease under this subd. 2. d. Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's treatment or protection available in the community under this subd. 2. d.

AB130-engrossed, s. 395 Section 395. 51.20 (1) (b) of the statutes is amended to read:

AB130-engrossed,114,18 51.20 (1) (b) Each petition for examination shall be signed by 3 adult persons, at least one of whom has personal knowledge of the conduct of the subject individual, except that this requirement does not apply if the petition is filed pursuant to a court order under s. 48.30 938.30 (5) (c) 1. or (d) 1.

AB130-engrossed, s. 396 Section 396. 51.20 (6) of the statutes is amended to read:

AB130-engrossed,114,21 51.20 (6) Juveniles. For minors, the hearings held under this section shall be before the court assigned to exercise jurisdiction under ch. chs. 48 and 938.

AB130-engrossed, s. 397 Section 397. 51.20 (13) (cr) of the statutes is amended to read:

AB130-engrossed,115,3 51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 48.30 938.30 (5) (c) 1. and is found to have committed a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis and to comply with the reporting and testing requirements of s. 175.45.

AB130-engrossed, s. 398 Section 398. 51.35 (3) (title) of the statutes is amended to read:

AB130-engrossed,115,6 51.35 (3) (title) Transfer of certain children from juvenile correctional facilities and secured child caring institutions.

AB130-engrossed, s. 399 Section 399. 51.35 (3) (a) of the statutes is amended to read:

AB130-engrossed,115,25 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility under s. 48.52 or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility or institution, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department, upon review of a request for transfer, determines that transfer is appropriate, the department may immediately transfer the individual. The department shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under ch. chs. 48 and 938 of the county where the treatment facility is located.

AB130-engrossed, s. 400 Section 400. 51.35 (3) (b) of the statutes is amended to read:

AB130-engrossed,116,17 51.35 (3) (b) The court assigned to exercise jurisdiction under ch. chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the transfer is voluntary on the part of the minor if he or she is aged 14 or over, and whether the transfer of the minor to an inpatient facility is appropriate and consistent with the needs of the minor. In the event that the court is unable to make such determinations based on the petition and accompanying documents, it shall order additional information to be produced as it deems necessary to make such review, and make such determinations within 14 days of admission, or it may hold a hearing within 14 days of admission. If a notation of the minor's unwillingness appears on the face of the petition, or that a hearing has been requested by the minor, the minor's counsel, guardian ad litem, parent or guardian, the court shall hold a hearing and appoint counsel or a guardian ad litem for the minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall approve or disapprove the request for transfer. If the minor is under the continuing jurisdiction of the court of another county, the court may order the case transferred together with all appropriate records to that court.

AB130-engrossed, s. 401 Section 401. 51.35 (3) (c) of the statutes is amended to read:

AB130-engrossed,117,6 51.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution is, in his or her opinion, mentally ill, drug dependent or developmentally disabled, and is dangerous as defined in s. 51.20 (1) (a) 2., or is an alcoholic and is dangerous as defined in s. 51.45 (13) (a), shall file a written report with the superintendent of the facility or institution, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch chs. 48 and 938 of the county where the correctional facility or secured child caring institution is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB130-engrossed, s. 402 Section 402. 51.35 (3) (e) of the statutes is amended to read:

AB130-engrossed,117,25 51.35 (3) (e) The department may authorize emergency transfer of an individual from a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as defined in s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending facility or institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the facility or institution from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the correctional facility or secured child caring institution.

AB130-engrossed, s. 403 Section 403. 51.35 (3) (g) of the statutes is amended to read:

AB130-engrossed,118,11 51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile correctional facility or secured child caring institution, as defined in s. 938.02 (15g). In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile correctional facility or secured child caring institution within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.

AB130-engrossed, s. 404 Section 404. 51.42 (3) (ar) 4. b. of the statutes is amended to read:

AB130-engrossed,118,15 51.42 (3) (ar) 4. b. Comprehensive diagnostic and evaluation services, including assessment as specified under ss. 343.30 (1q) and 343.305 (10) and assessments under s. ss. 48.295 (1) and 938.295 (1).

AB130-engrossed, s. 405 Section 405. 51.42 (3) (as) 1. of the statutes is amended to read:

AB130-engrossed,119,16 51.42 (3) (as) 1. A county department of community programs shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and social services determines that a charge is administratively infeasible, or unless the department of health and social services, after individual review, determines that the charge is not attributable to the cost of basic care and services. A county department of community programs may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats. , or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship or legal custody of the department of health and social services or the department of corrections under s. 48.355, 48.427 or, 48.43 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client.

AB130-engrossed, s. 406 Section 406. 51.437 (4rm) (a) of the statutes is amended to read:

AB130-engrossed,120,19 51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and social services determines that a charge is administratively infeasible, or unless the department of health and social services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., or children placed in the guardianship or legal custody of the department of health and social services under s. 48.355, 48.427 or, 48.43 or 938.355.

AB130-engrossed, s. 407 Section 407. 51.45 (5) (d) 1. of the statutes is amended to read:

AB130-engrossed,121,2 51.45 (5) (d) 1. Ensure that each county receiving funding under par. (b) has in place not later than 12 months from the date the county initially receives the funding a coordinating council whose duties shall include the coordination of alcohol and other drug abuse activities relating to primary prevention with school districts, community service and treatment providers in the community, courts assigned to exercise jurisdiction under ch. chs. 48 and 938, law enforcement agencies, parents, children and the alcohol and other drug abuse prevention specialist.

AB130-engrossed, s. 408 Section 408. 51.45 (11) (bm) of the statutes is amended to read:

AB130-engrossed,121,7 51.45 (11) (bm) If the person who appears to be incapacitated by alcohol under par. (b) is a minor, either a law enforcement officer or a person authorized to take a child into custody under ch. 48 or 938 may take the minor into custody as provided in par. (b).

AB130-engrossed, s. 409 Section 409. 59.175 of the statutes is amended to read:

AB130-engrossed,121,22 59.175 Clerks of counties containing state institutions to make claims in certain cases. The county clerk of any county which is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the county board, in all cases where the reimbursement is directed in that subsection, upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claim is for reimbursement of expenses involving a prisoner in a state prison, as defined in s. 302.01, the form shall be filed with the department of corrections. If the claim is for reimbursement of expenses involving a child in a secured correctional facility, as defined in s. 938.02 (15m), the form shall be filed with the department of health and social services. If the claims are approved by the department of corrections or the department of health and social services, they shall be certified to the department of administration and paid from the appropriation made by under s. 20.410 (1) (c) or 20.435 (3) (c).

AB130-engrossed, s. 410 Section 410. 60.23 (22m) of the statutes is created to read:

AB130-engrossed,122,3 60.23 (22m) School attendance. If the town board has established a municipal court under s. 755.01 (1), enact and enforce an ordinance to impose a forfeiture, which is the same as the fine provided under s. 118.15 (5), upon a person having under his or her control a child who is between the ages of 6 and 18 years and whose child is not in compliance with s. 118.15.

AB130-engrossed, s. 411 Section 411. 101.123 (1) (i) of the statutes is amended to read:

AB130-engrossed,122,8 101.123 (1) (i) "State institution" means a prison, a secured correctional facility, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3), except that "state institution" does not include a Type 2 secured correctional facility, as defined in s. 938.02 (20).

AB130-engrossed, s. 412 Section 412. 101.123 (3) (gg) of the statutes is created to read:

AB130-engrossed,122,11 101.123 (3) (gg) A Type 2 secured correctional facility, as defined in s. 938.02 (20).

AB130-engrossed, s. 413 Section 413. 102.07 (13) of the statutes is amended to read:

AB130-engrossed,122,18 102.07 (13) A child performing uncompensated community service work as a result of an informal disposition under s. 48.245 a deferred prosecution agreement under s. 938.245, a consent decree under s. 48.32 938.32 or an order under s. 48.34 (9) 938.34 (5g) is an employe of the county in which the court ordering the community service work is located. No compensation may be paid to that employe for temporary disability during the healing period.

AB130-engrossed, s. 414 Section 414. 103.70 (1) of the statutes is amended to read:

AB130-engrossed,123,4 103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31 and 103.78, and as may be provided under s. 103.79, a minor, unless indentured as an apprentice in accordance with s. 106.01, or unless 12 years and over and engaged in agricultural pursuits, or unless 14 years and over and enrolled in a youth apprenticeship program under s. 101.265, shall may not be employed or permitted to work at any gainful occupation or employment unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which shall not exceed the maximum hours prescribed by law. The issuance of a permit under this subsection is subject to any limitations imposed under s. 938.342 (1) (e).

AB130-engrossed, s. 415 Section 415. 103.72 of the statutes is amended to read:

AB130-engrossed,123,11 103.72 Refusal and revocation of permits. (1) The department or permit officer may refuse to grant permits in the case of minors who seem physically unable to perform the labor at which they are to be employed. They may also refuse to grant a permit if in their judgment the best interests of the minor would be served by such that refusal. The department shall refuse to grant a permit if so ordered under s. 938.342 (1) (e).

AB130-engrossed,123,21 (2) Whenever it shall appear appears to the department that any a permit has been improperly or illegally issued, or that the physical or moral welfare or school attendance of the minor would be best served by the revocation of the permit, the department may forthwith immediately, without notice, revoke the same, and permit. The department shall revoke a permit if ordered to do so under s. 938.342 (1) (e). If the department revokes a permit, the department shall , by registered mail, notify the person employing such the minor and the minor holding such the permit of such the revocation. Upon receipt of such the notice, the employer employing such the minor shall forthwith immediately return the revoked permit to the department and discontinue the employment of the minor.

AB130-engrossed, s. 416 Section 416. 103.87 of the statutes is amended to read:

AB130-engrossed,124,11 103.87 Employe not to be disciplined for testifying. No employer may discharge an employe because the employe is subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48 or 938. On or before the first business day after the receipt of a subpoena to testify, the employe shall give the employer notice if he or she will have to be absent from employment because he or she has been subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48 or 938. If a person is subpoenaed to testify in an action or proceeding as a result of a crime, as defined in s. 950.02 (1m), against the person's employer or an incident involving the person during the course of his or her employment, the employer shall not decrease or withhold the employe's pay for any time lost resulting from compliance with the subpoena. An employer who violates this section may be fined not more than $200 and may be required to make full restitution to the aggrieved employe, including reinstatement and back pay. Except as provided in this section, restitution shall be in accordance with s. 973.20.

AB130-engrossed, s. 417 Section 417. 115.31 (1) (b) of the statutes is amended to read:

AB130-engrossed,124,20 115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 48.02 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin school for the visually handicapped, the Wisconsin school for the deaf, the Mendota mental health institute, the Winnebago mental health institute, a state center for the developmentally disabled, a private school or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

AB130-engrossed, s. 418 Section 418. 115.81 (9) (c) of the statutes is amended to read:

AB130-engrossed,124,25 115.81 (9) (c) Notwithstanding ss. 48.34 (4) and (4m), 48.345, 48.363, 48.427 (3), 767.24 (3), 880.12 and, 880.15, 938.183, 938.34 (4) and (4m), 938.345 and 938.363, a surrogate parent has the authority to act as the child's parent in all matters relating to this subchapter.

AB130-engrossed, s. 419 Section 419. 115.85 (2m) of the statutes is amended to read:

AB130-engrossed,125,9 115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and social services or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under ss. 48.48 (4) and, 48.57 (1) (c), 938.48 (4) and 938.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

AB130-engrossed, s. 420 Section 420. 118.125 (1) (a) of the statutes is amended to read:

AB130-engrossed,125,17 118.125 (1) (a) "Behavioral records" means those pupil records which include psychological tests, personality evaluations, records of conversations, any written statement relating specifically to an individual pupil's behavior, tests relating specifically to achievement or measurement of ability, the pupil's physical health records other than his or her immunization records or any lead screening records required under s. 254.162, peace officers' records obtained under s. 48.396 938.396 (1m) and any other pupil records that are not progress records.

AB130-engrossed, s. 421 Section 421. 118.125 (2) (cg) of the statutes is created to read:

AB130-engrossed,125,21 118.125 (2) (cg) A law enforcement agency shall, upon request, be provided by the school district clerk with a copy of the attendance record of a pupil who is the subject of an investigation by the law enforcement agency.

AB130-engrossed, s. 422 Section 422. 118.125 (2) (cm) of the statutes is amended to read:

AB130-engrossed,126,2 118.125 (2) (cm) If school attendance is a condition of a child's dispositional order under s. 48.355 (2) (b) 7. or 938.355 (2) (b) 7., the school board shall notify the county department that is responsible for supervising the child within 5 days after any violation of the condition by the child.

AB130-engrossed, s. 423 Section 423. 118.125 (2) (d) of the statutes is amended to read:

AB130-engrossed,127,2 118.125 (2) (d) Pupil records may shall be made available to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license and other school district officials who have been determined by the school board to have legitimate educational or safety interests in the pupil records. Peace officers' records obtained under s. 48.396 (1m) may 938.396 (1m) (a) shall be made available under this paragraph only for the purposes of s. 118.127 (2) and only to those designated personnel involved in employes of the school district who have been designated by the school board to receive that information for the purpose of providing alcohol and other drug abuse programs. Peace officers' records obtained under s. 938.396 (1m) (b) shall be made available under this paragraph for the purposes of s. 118.127 (3) to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license, to other school district officials who have been determined by the school board to have legitimate educational or safety interests in those records and to those employes of the school district who have been designated by the school board to receive that information for the purpose of providing treatment programs. A school board member or an employe of a school district may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employe acted with actual malice in failing to disclose the information. A school district may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district or its agent acted with gross negligence or with reckless, wanton or intentional misconduct in failing to disclose the information.

AB130-engrossed, s. 424 Section 424. 118.125 (2) (j) 3. of the statutes is amended to read:

AB130-engrossed,127,16 118.125 (2) (j) 3. If a school has notified the parent, legal guardian or guardian ad litem of the information that it has designated as directory data with respect to any pupil, the school has allowed 14 days for the parent, legal guardian or guardian ad litem of the pupil to inform the school that such information may not be released without the prior consent of the parent, legal guardian or guardian ad litem and the parent, legal guardian or guardian ad litem has not so informed the school, the school district clerk, upon request, shall provide any representative of a law enforcement agency, as defined in s. 165.83 (1) (b), district attorney or corporation counsel, county department under s. 46.215, 46.22 or 46.23 or a court of record or municipal court with such information relating to any such pupil enrolled in the school district for the purpose of enforcing that pupil's school attendance or to respond, investigating alleged criminal or delinquent activity by the pupil or responding to a health or safety emergency.

AB130-engrossed, s. 425 Section 425. 118.125 (2) (L) of the statutes is amended to read:

AB130-engrossed,127,21 118.125 (2) (L) A school board shall disclose the pupil records of a pupil in compliance with a court order under s. 48.34 (12) (b) 938.34 (7d) (b), 938.396 (1m) (c) or 938.78 (2) (b) 2. after making a reasonable effort to notify the pupil's parent or legal guardian.

AB130-engrossed, s. 426 Section 426. 118.125 (3) of the statutes is amended to read:

AB130-engrossed,128,9 118.125 (3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm or optical disk if authorized under s. 19.21 (4) (c), or in such other form as the school board deems appropriate. A school board shall maintain peace officers' records obtained under s. 48.396 938.396 (1m) separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under ch. 985.

AB130-engrossed, s. 427m Section 427m. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-engrossed,128,22 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that legal custody of the pupil has been transferred to the department of corrections or that the pupil has been placed in a juvenile correctional facility. In this subsection, "school" and "school district" include any state juvenile correctional facility which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB130-engrossed, s. 427p Section 427p. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,129,11 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any state juvenile correctional facility or secured child caring institution which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB130-engrossed, s. 428 Section 428. 118.125 (5) of the statutes is renumbered 118.125 (5) (a) and amended to read:

AB130-engrossed,129,16 118.125 (5) (a) Nothing Except as provided in par. (b), nothing in this section prohibits the use of a pupil's records in connection with the suspension or expulsion of the pupil or the use of such records by a multidisciplinary team under ch. 115.

AB130-engrossed, s. 429 Section 429. 118.125 (5) (b) of the statutes is created to read:

AB130-engrossed,129,21 118.125 (5) (b) Peace officers' records obtained under s. 938.396 (1m) and records of the court assigned to exercise jurisdiction under chs. 48 and 938 obtained under s. 938.396 (7) shall not be used as the sole basis for expelling or suspending a pupil.

AB130-engrossed, s. 430 Section 430. 118.127 (1) of the statutes is amended to read:

AB130-engrossed,130,2 118.127 (1) Upon receipt of information from peace officers' records obtained under s. 48.396 938.396 (1m), the school district administrator shall notify any pupil named in the records, and the parent or guardian of any minor pupil named in the records, of the information.

AB130-engrossed, s. 431 Section 431. 118.127 (2) of the statutes is amended to read:

AB130-engrossed,130,8 118.127 (2) A school district may shall use information from peace officers' records obtained under s. 48.396 (1m) only 938.396 (1m) (a) for the purpose of providing alcohol and other drug abuse programs for pupils enrolled in the school district. A school district shall not use peace officers' records obtained under s. 938.396 (1m) (a) as the sole basis for expelling or suspending a pupil.

AB130-engrossed, s. 432 Section 432. 118.127 (3) of the statutes is created to read:

AB130-engrossed,130,14 118.127 (3) A school district shall use information from peace officers' records obtained under s. 938.396 (1m) (b) for legitimate educational or safety purposes and for the purpose of providing treatment programs for pupils enrolled in the school district. A school district shall not use peace officers' records obtained under s. 938.396 (1m) (b) as the sole basis for expelling or suspending a pupil.