AB130-engrossed, s. 418 21Section 418. 115.81 (9) (c) of the statutes is amended to read:
AB130-engrossed,124,2522 115.81 (9) (c) Notwithstanding ss. 48.34 (4) and (4m), 48.345, 48.363, 48.427
23(3), 767.24 (3), 880.12 and, 880.15, 938.183, 938.34 (4) and (4m), 938.345 and
24938.363
, a surrogate parent has the authority to act as the child's parent in all
25matters relating to this subchapter.
AB130-engrossed, s. 419
1Section 419. 115.85 (2m) of the statutes is amended to read:
AB130-engrossed,125,92 115.85 (2m) Placement disputes. If a dispute arises between the school board
3and the department of health and social services or a county department under s.
446.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the
5placement of a child in an appropriate program under sub. (2), the state
6superintendent shall resolve the dispute. This subsection applies only to placements
7in nonresidential educational programs made under ss. 48.48 (4) and, 48.57 (1) (c),
8938.48 (4) and 938.57 (1) (c)
and to placements in child caring institutions made
9under s. 115.815.
AB130-engrossed, s. 420 10Section 420. 118.125 (1) (a) of the statutes is amended to read:
AB130-engrossed,125,1711 118.125 (1) (a) "Behavioral records" means those pupil records which include
12psychological tests, personality evaluations, records of conversations, any written
13statement relating specifically to an individual pupil's behavior, tests relating
14specifically to achievement or measurement of ability, the pupil's physical health
15records other than his or her immunization records or any lead screening records
16required under s. 254.162, peace officers' records obtained under s. 48.396 938.396
17(1m) and any other pupil records that are not progress records.
AB130-engrossed, s. 421 18Section 421. 118.125 (2) (cg) of the statutes is created to read:
AB130-engrossed,125,2119 118.125 (2) (cg) A law enforcement agency shall, upon request, be provided by
20the school district clerk with a copy of the attendance record of a pupil who is the
21subject of an investigation by the law enforcement agency.
AB130-engrossed, s. 422 22Section 422. 118.125 (2) (cm) of the statutes is amended to read:
AB130-engrossed,126,223 118.125 (2) (cm) If school attendance is a condition of a child's dispositional
24order under s. 48.355 (2) (b) 7. or 938.355 (2) (b) 7., the school board shall notify the

1county department that is responsible for supervising the child within 5 days after
2any violation of the condition by the child.
AB130-engrossed, s. 423 3Section 423. 118.125 (2) (d) of the statutes is amended to read:
AB130-engrossed,127,24 118.125 (2) (d) Pupil records may shall be made available to persons employed
5by the school district which the pupil attends who are required by the department
6under s. 115.28 (7) to hold a license and other school district officials who have been
7determined by the school board to have legitimate educational or safety interests in
8the pupil records
. Peace officers' records obtained under s. 48.396 (1m) may 938.396
9(1m) (a) shall
be made available under this paragraph only for the purposes of s.
10118.127 (2) and only to those designated personnel involved in employes of the school
11district who have been designated by the school board to receive that information for
12the purpose of providing
alcohol and other drug abuse programs. Peace officers'
13records obtained under s. 938.396 (1m) (b) shall be made available under this
14paragraph for the purposes of s. 118.127 (3) to persons employed by the school district
15which the pupil attends who are required by the department under s. 115.28 (7) to
16hold a license, to other school district officials who have been determined by the
17school board to have legitimate educational or safety interests in those records and
18to those employes of the school district who have been designated by the school board
19to receive that information for the purpose of providing treatment programs. A
20school board member or an employe of a school district may not be held personally
21liable for any damages caused by the nondisclosure of any information specified in
22this paragraph unless the member or employe acted with actual malice in failing to
23disclose the information. A school district may not be held liable for any damages
24caused by the nondisclosure of any information specified in this paragraph unless

1the school district or its agent acted with gross negligence or with reckless, wanton
2or intentional misconduct in failing to disclose the information.
AB130-engrossed, s. 424 3Section 424. 118.125 (2) (j) 3. of the statutes is amended to read:
AB130-engrossed,127,164 118.125 (2) (j) 3. If a school has notified the parent, legal guardian or guardian
5ad litem of the information that it has designated as directory data with respect to
6any pupil, the school has allowed 14 days for the parent, legal guardian or guardian
7ad litem of the pupil to inform the school that such information may not be released
8without the prior consent of the parent, legal guardian or guardian ad litem and the
9parent, legal guardian or guardian ad litem has not so informed the school, the school
10district clerk, upon request, shall provide any representative of a law enforcement
11agency, as defined in s. 165.83 (1) (b), district attorney or corporation counsel, county
12department under s. 46.215, 46.22 or 46.23 or a court of record or municipal court
13with such information relating to any such pupil enrolled in the school district for the
14purpose of enforcing that pupil's school attendance or to respond, investigating
15alleged criminal or delinquent activity by the pupil or responding
to a health or safety
16emergency.
AB130-engrossed, s. 425 17Section 425. 118.125 (2) (L) of the statutes is amended to read:
AB130-engrossed,127,2118 118.125 (2) (L) A school board shall disclose the pupil records of a pupil in
19compliance with a court order under s. 48.34 (12) (b) 938.34 (7d) (b), 938.396 (1m) (c)
20or 938.78 (2) (b) 2.
after making a reasonable effort to notify the pupil's parent or legal
21guardian.
AB130-engrossed, s. 426 22Section 426. 118.125 (3) of the statutes is amended to read:
AB130-engrossed,128,923 118.125 (3) Maintenance of records. Each school board shall adopt rules in
24writing specifying the content of pupil records and the time during which pupil
25records shall be maintained. No behavioral records may be maintained for more than

1one year after the pupil ceases to be enrolled in the school, unless the pupil specifies
2in writing that his or her behavioral records may be maintained for a longer period.
3A pupil's progress records shall be maintained for at least 5 years after the pupil
4ceases to be enrolled in the school. A school board may maintain the records on
5microfilm or optical disk if authorized under s. 19.21 (4) (c), or in such other form as
6the school board deems appropriate. A school board shall maintain peace officers'
7records obtained under s. 48.396 938.396 (1m) separately from a pupil's other pupil
8records. Rules adopted under this subsection shall be published by the school board
9as a class 1 notice under ch. 985.
AB130-engrossed, s. 427m 10Section 427m. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts
11377, 385 and 491, is amended to read:
AB130-engrossed,128,2212 118.125 (4) Transfer of records. Within 5 working days, a school district shall
13transfer to another school or school district all pupil records relating to a specific
14pupil if the transferring school district has received written notice from the pupil if
15he or she is an adult or his or her parent or guardian if the pupil is a minor that the
16pupil intends to enroll in the other school or school district or written notice from the
17other school or school district that the pupil has enrolled or from a court that legal
18custody of the pupil has been transferred to the department of corrections or that
the
19pupil has been placed in a juvenile correctional facility. In this subsection, "school"
20and "school district" include any state juvenile correctional facility which provides
21an educational program for its residents instead of or in addition to that which is
22provided by public and private schools.
AB130-engrossed, s. 427p 23Section 427p. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts
24377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
25read:
AB130-engrossed,129,11
1118.125 (4) Transfer of records. Within 5 working days, a school district shall
2transfer to another school or school district all pupil records relating to a specific
3pupil if the transferring school district has received written notice from the pupil if
4he or she is an adult or his or her parent or guardian if the pupil is a minor that the
5pupil intends to enroll in the other school or school district or written notice from the
6other school or school district that the pupil has enrolled or from a court that the pupil
7has been placed in a juvenile correctional facility or a secured child caring
8institution, as defined in s. 938.02 (15g). In this subsection, "school" and "school
9district" include any state juvenile correctional facility or secured child caring
10institution which provides an educational program for its residents instead of or in
11addition to that which is provided by public and private schools.
AB130-engrossed, s. 428 12Section 428. 118.125 (5) of the statutes is renumbered 118.125 (5) (a) and
13amended to read:
AB130-engrossed,129,1614 118.125 (5) (a) Nothing Except as provided in par. (b), nothing in this section
15prohibits the use of a pupil's records in connection with the suspension or expulsion
16of the pupil or the use of such records by a multidisciplinary team under ch. 115.
AB130-engrossed, s. 429 17Section 429. 118.125 (5) (b) of the statutes is created to read:
AB130-engrossed,129,2118 118.125 (5) (b) Peace officers' records obtained under s. 938.396 (1m) and
19records of the court assigned to exercise jurisdiction under chs. 48 and 938 obtained
20under s. 938.396 (7) shall not be used as the sole basis for expelling or suspending
21a pupil.
AB130-engrossed, s. 430 22Section 430. 118.127 (1) of the statutes is amended to read:
AB130-engrossed,130,223 118.127 (1) Upon receipt of information from peace officers' records obtained
24under s. 48.396 938.396 (1m), the school district administrator shall notify any pupil

1named in the records, and the parent or guardian of any minor pupil named in the
2records, of the information.
AB130-engrossed, s. 431 3Section 431. 118.127 (2) of the statutes is amended to read:
AB130-engrossed,130,84 118.127 (2) A school district may shall use information from peace officers'
5records obtained under s. 48.396 (1m) only 938.396 (1m) (a) for the purpose of
6providing alcohol and other drug abuse programs for pupils enrolled in the school
7district. A school district shall not use peace officers' records obtained under s.
8938.396 (1m) (a) as the sole basis for expelling or suspending a pupil.
AB130-engrossed, s. 432 9Section 432. 118.127 (3) of the statutes is created to read:
AB130-engrossed,130,1410 118.127 (3) A school district shall use information from peace officers' records
11obtained under s. 938.396 (1m) (b) for legitimate educational or safety purposes and
12for the purpose of providing treatment programs for pupils enrolled in the school
13district. A school district shall not use peace officers' records obtained under s.
14938.396 (1m) (b) as the sole basis for expelling or suspending a pupil.
AB130-engrossed, s. 433 15Section 433. 118.15 (1) (cm) 1. of the statutes is amended to read:
AB130-engrossed,130,2216 118.15 (1) (cm) 1. Upon the child's request and with the approval of the child's
17parent or guardian, any child who is 17 years of age or over shall be excused by the
18school board from regular school attendance if the child began a program leading to
19a high school equivalency diploma in a secured correctional facility, as defined in s.
2048.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g),
21and the child and his or her parent or guardian agree under subd. 2. that the child
22will continue to participate in such a program.
AB130-engrossed, s. 434 23Section 434. 118.15 (5) (a) of the statutes is amended to read:
AB130-engrossed,131,724 118.15 (5) (a) Except as provided under par. (b) or if a person has been found
25guilty of a misdemeanor under s. 948.45, whoever violates this section may be fined

1not more than $500 or imprisoned for not more than 30 days or both, after evidence
2has been provided by the school attendance officer that the activities under s. 118.16
3(5) have been completed or were not completed due to the child's absence from school
4as provided in s. 118.16 (5m)
. In a prosecution under this paragraph, if the defendant
5proves that he or she is unable to comply with the law because of the disobedience
6of the child, the action shall be dismissed and the child shall be referred to the court
7assigned to exercise jurisdiction under ch. chs. 48 and 938.
AB130-engrossed, s. 435 8Section 435. 118.15 (5) (am) of the statutes is created to read:
AB130-engrossed,131,109 118.15 (5) (am) The court may order any person who violates this section to
10participate in counseling at the person's own expense.
AB130-engrossed, s. 436 11Section 436. 118.16 (2m) (a) (intro.) of the statutes is amended to read:
AB130-engrossed,131,1512 118.16 (2m) (a) (intro.) A school district administrator may designate any of
13the following individuals to take a child who resides in the school district and who
14is absent from school without an acceptable excuse under s. 118.15 into custody
15under s. 48.19 938.19 (1m):
AB130-engrossed, s. 437 16Section 437. 118.16 (2m) (d) of the statutes is amended to read:
AB130-engrossed,131,2317 118.16 (2m) (d) A school district administrator who makes a designation under
18par. (a) shall provide each individual so designated with an identification card of a
19form determined by the school board. The designee shall carry the identification card
20on his or her person at all times while the designee is on official duty under s. 48.19
21938.19 (1m) and shall exhibit the identification card to any person to whom the
22designee represents himself or herself as a person authorized to take a child into
23custody under s. 48.19 938.19 (1m).
AB130-engrossed, s. 438 24Section 438. 118.16 (2m) (e) of the statutes is amended to read:
AB130-engrossed,132,8
1118.16 (2m) (e) A school district administrator who makes a designation under
2par. (a) or the individual designated under par. (a) shall immediately attempt to
3notify, by personal contact or telephone call, the child's parent, guardian and legal
4custodian that the designation has been made and that the child may be taken into
5custody under s. 48.19 938.19 (1m). The school district administrator, or the
6designee, is not required to notify a parent, guardian or legal custodian under this
7paragraph if the parent, guardian or legal custodian is the person who requested that
8the child be taken into custody under s. 48.19 938.19 (1m).
AB130-engrossed, s. 439 9Section 439. 118.16 (4) (e) of the statutes is amended to read:
AB130-engrossed,132,1310 118.16 (4) (e) A school board may establish one or more youth service centers
11for the counseling of children who are taken into custody under s. 48.19 938.19 (1)
12(d) 9. or 10. for being absent from school without an acceptable excuse under s.
13118.15.
AB130-engrossed, s. 440 14Section 440. 118.16 (5) (intro.) of the statutes is amended to read:
AB130-engrossed,132,2215 118.16 (5) (intro.) Prior to Except as provided in sub. (5m), before any
16proceeding being may be brought against a child under s. 48.13 (6) 938.13 (6) for
17habitual truancy or under s. 938.125 (2) or 938.17 (2) for a violation of an ordinance
18enacted under s. 118.163 (2)
or against the child's parent or guardian under s. 118.15
19for failure to cause the child to attend school regularly, the school attendance officer
20shall provide evidence that appropriate school personnel in the school or school
21district in which the child is enrolled have, within the school year during which the
22truancy occurred, done all of the following:
AB130-engrossed, s. 441 23Section 441. 118.16 (5) (a) of the statutes is amended to read:
AB130-engrossed,133,3
1118.16 (5) (a) Met with the child's parent or guardian to discuss the child's
2truancy or have attempted to meet with the child's parent or guardian and been
3received no response or were refused.
AB130-engrossed, s. 442 4Section 442. 118.16 (5) (c) of the statutes is amended to read:
AB130-engrossed,133,95 118.16 (5) (c) Evaluated the child to determine whether learning problems may
6be a cause of the child's truancy and, if so, have taken steps to overcome the learning
7problems, except that the child need not be evaluated if tests administered to the
8child within the previous year indicate that the child is performing at his or her grade
9level
.
AB130-engrossed, s. 443 10Section 443. 118.16 (5m) of the statutes is created to read:
AB130-engrossed,133,1311 118.16 (5m) Subsection (5) (b), (c) and (d) does not apply if the school
12attendance officer provides evidence that appropriate school personnel were unable
13to carry out the activity due to the child's absences from school.
AB130-engrossed, s. 444 14Section 444. 118.16 (6) of the statutes is amended to read:
AB130-engrossed,133,2115 118.16 (6) Following receipt of evidence that activities under sub. (5) have been
16completed or were not completed due to the child's absence from school as provided
17in sub. (5m)
, the school attendance officer may file information on any child who
18continues to be truant with the court assigned to exercise jurisdiction under ch. chs.
1948 and 938 in accordance with s. 48.24 938.24. Filing information on a child under
20this subsection does not preclude concurrent prosecution of the child's parent or
21guardian under s. 118.15 (5).
AB130-engrossed, s. 445 22Section 445. 118.162 (4) (e) of the statutes is amended to read:
AB130-engrossed,134,223 118.162 (4) (e) The types of truancy cases to be referred to the district attorney
24for the filing of information under s. 48.24 938.24 or prosecution under s. 118.15 (5)

1and the time periods within which the district attorney will respond to and take
2action on the referrals.
AB130-engrossed, s. 446 3Section 446. 118.163 (2) (b) of the statutes is amended to read:
AB130-engrossed,134,64 118.163 (2) (b) An order for the child to participate in counseling, community
5service
or a supervised work program as provided or other community service work
6under s. 48.34 (9) 938.34 (5g).
AB130-engrossed, s. 447 7Section 447. 118.163 (2) (d) of the statutes is amended to read:
AB130-engrossed,134,98 118.163 (2) (d) An order for the child to attend an educational program under
9s. 48.34 (12) 938.34 (7d).
AB130-engrossed, s. 448 10Section 448. 118.163 (2) (e) of the statutes is created to read:
AB130-engrossed,134,1311 118.163 (2) (e) An order for the department of industry, labor and human
12relations to revoke or refuse to issue, under s. 103.72, a permit under s. 103.70
13authorizing the employment of the child.
AB130-engrossed, s. 450 14Section 450. 120.12 (18) of the statutes is amended to read:
AB130-engrossed,135,215 120.12 (18) Continuity of educational programming. Coordinate and provide
16for continuity of educational programming for pupils receiving educational services
17as the result of a court order under s. 48.34 (12) 938.34 (7d), including but not limited
18to providing a written report to the court assigned to exercise jurisdiction under ch.
19chs. 48 and 938 and the agency which is required to submit an educational plan for
20a child under s. 48.33 938.33 (1) (e). The written report shall describe the child's
21educational status and make recommendations regarding educational programming
22for the child. The written report shall be in writing, except that if the educational
23plan under s. 938.33 (1) (e) is presented orally at the dispositional hearing the report
24may be presented orally to the court assigned to exercise jurisdiction under chs. 48
25and 938 and the agency at the dispositional hearing. If written, the
report shall be

1provided to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 and
2the agency at least 3 days before the date of the child's dispositional hearing.
AB130-engrossed, s. 452 3Section 452. 121.78 (4) of the statutes is amended to read:
AB130-engrossed,135,144 121.78 (4) Court-ordered educational services. If a pupil is receiving
5educational services as the result of a court order under s. 48.34 48.345 (12) or 938.34
6(7d)
, the school board of the school district in which the pupil resided at the time of
7issuance of the court order shall pay tuition for the pupil. A school board paying
8tuition for a pupil under this subsection shall count the pupil as 1.0 pupil in
9membership for general aid under subch. II. The school board shall pay each agency
10specified under s. 48.34 48.345 (12) (a) 2. to 4. or 938.34 (7d) (a) 2. to 4., for each
11full-time equivalent pupil served by the agency, an amount equal to at least 80% of
12the average per pupil cost for the school district. No state aid may be paid to the
13technical college district for pupils attending the technical college under s. 48.34
1448.345 (12) (a) 4. or 938.34 (7d) (a) 4.
AB130-engrossed, s. 453 15Section 453. 125.07 (4) (bs) 1. of the statutes is amended to read:
AB130-engrossed,135,1916 125.07 (4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more
17than $500, suspension of the person's operating privilege as provided under s. 343.30
18(6) (b) 1., participation in a supervised work program or other community service
19work
under par. (cg) or any combination of these penalties.
AB130-engrossed, s. 454 20Section 454. 125.07 (4) (bs) 2. of the statutes is amended to read:
AB130-engrossed,135,2521 125.07 (4) (bs) 2. For a violation committed within 12 months of a previous
22violation, either a forfeiture of not less than $300 nor more than $500, suspension
23of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation
24in a supervised work program or other community service work under par. (cg) or any
25combination of these penalties.
AB130-engrossed, s. 455
1Section 455. 125.07 (4) (bs) 3. of the statutes is amended to read:
AB130-engrossed,136,62 125.07 (4) (bs) 3. For a violation committed within 12 months of 2 previous
3violations, either a forfeiture of not less than $500 nor more than $750, revocation
4of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a
5supervised work program or other community service work under par. (cg) or any
6combination of these penalties.
AB130-engrossed, s. 456 7Section 456. 125.07 (4) (bs) 4. of the statutes is amended to read:
AB130-engrossed,136,128 125.07 (4) (bs) 4. For a violation committed within 12 months of 3 or more
9previous violations, either a forfeiture of not less than $750 nor more than $1,000,
10revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation
11in a supervised work program or other community service work under par. (cg) or any
12combination of these penalties.
AB130-engrossed, s. 457 13Section 457. 125.07 (4) (c) 1. of the statutes is amended to read:
AB130-engrossed,136,1714 125.07 (4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more
15than $200, suspension of the person's operating privilege as provided under s. 343.30
16(6) (b) 1., participation in a supervised work program or other community service
17work
under par. (cg) or any combination of these penalties.
AB130-engrossed, s. 458 18Section 458. 125.07 (4) (c) 2. of the statutes is amended to read:
AB130-engrossed,136,2319 125.07 (4) (c) 2. For a violation committed within 12 months of a previous
20violation, either a forfeiture of not less than $200 nor more than $300, suspension
21of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation
22in a supervised work program or other community service work under par. (cg) or any
23combination of these penalties.
AB130-engrossed, s. 459 24Section 459. 125.07 (4) (c) 3. of the statutes is amended to read:
AB130-engrossed,137,5
1125.07 (4) (c) 3. For a violation committed within 12 months of 2 previous
2violations, either a forfeiture of not less than $300 nor more than $500, revocation
3of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a
4supervised work program or other community service work under par. (cg) or any
5combination of these penalties.
AB130-engrossed, s. 460 6Section 460. 125.07 (4) (c) 4. of the statutes is amended to read:
AB130-engrossed,137,117 125.07 (4) (c) 4. For a violation committed within 12 months of 3 or more
8previous violations, either a forfeiture of not less than $500 nor more than $1,000,
9revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation
10in a supervised work program or other community service work under par. (cg) or any
11combination of these penalties.
AB130-engrossed, s. 461 12Section 461. 125.07 (4) (cg) of the statutes is amended to read:
AB130-engrossed,138,213 125.07 (4) (cg) 1. If the court orders a person to participate in a A supervised
14work program ordered under par. (bs) or (c), the shall be administered by the county
15department under s. 46.215 or 46.22 or by a community agency approved by the
16court. The
court shall set standards for the supervised work program within the
17budgetary limits established by the county board of supervisors. The supervised
18work
program may provide the person with reasonable compensation reflecting the
19market value of the work performed, or it may consist of uncompensated community
20service work, and shall be administered by a the county department under s. 46.215
21or 46.22 or a community agency approved by the court
. Community service work
22ordered under par. (bs) or (c), other than community service work performed under
23a supervised work program, shall be administered by a public agency or nonprofit
24charitable organization approved by the court. The court may use any available

1resources, including any community service work program, in ordering the child to
2perform community service work under par. (bs) or (c)
.
AB130-engrossed,138,103 2. The supervised work program or other community service work shall be of
4a constructive nature designed to promote the person's rehabilitation, shall be
5appropriate to the person's age level and physical ability and shall be combined with
6counseling from an agency staff a member of the staff of the county department,
7community agency, public agency or nonprofit charitable organization
or other
8qualified person. The supervised work program or other community service work
9may not conflict with the person's regular attendance at school. The amount of work
10required shall be reasonably related to the seriousness of the person's offense.
AB130-engrossed, s. 462 11Section 462. 125.07 (4) (d) of the statutes is amended to read:
AB130-engrossed,138,1512 125.07 (4) (d) A person who is under 18 years of age on the date of disposition
13is subject to s. 48.344 938.344 unless proceedings have been instituted against the
14person in a court of civil or criminal jurisdiction after dismissal of the citation under
15s. 48.344 938.344 (3).
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