Effective date text
(b) The school board shall submit a copy of the rules under sub. (1) to the state superintendent when the rule is first adopted and whenever the rule is amended.
118.258 History
History: 1989 a. 121;
1995 a. 27 s.
9145 (1).
118.26
118.26
Claim against school district. No action may be brought or maintained against a school district upon a claim or cause of action unless the claimant complies with
s. 893.80. This section does not apply to actions commenced under
s. 19.37 or
19.97.
118.26 Annotation
VTAE districts are school districts under this section. Binder v. Madison, 72 W (2d) 613, 241 NW (2d) 613.
118.27
118.27
Gifts and grants. The school board of a district may receive, accept and use gifts or grants of furniture, books, equipment, supplies, moneys, securities or other property, real or personal, used or useful for school research and educational purposes. All moneys received as gifts or grants shall be placed in the school district treasury but shall be considered segregated trust funds. Whenever a school board receives gifts or grants under this section, it shall make such use thereof, or invest the same in the case of moneys, as the donor or grantor specifies. In the absence of any specific direction as to the use of such gifts or grants by a donor or grantor, the school board may determine the use of or invest the same in accordance with the law applicable to trust investments. In the use, control or investment of such gifts or grants, the school board may exercise the rights and powers generally conferred upon trustees.
118.27 Annotation
If moneys are accepted under this section, district must act as trustee of the moneys, except under circumstances in 66.30 (2m).
74 Atty. Gen. 45.
118.28
118.28
Community action agencies. The school board of a school district may appropriate funds for promoting and assisting any community action agency under
s. 49.37.
118.29
118.29
Administration of drugs to pupils and emergency care. 118.29(1)(a)
(a) "Administer" means the direct application of a drug or prescription drug, whether by injection, ingestion or other means, to the human body.
118.29(1)(c)
(c) "Health care professional" means a person licensed as an emergency medical technician under
s. 146.50 or any person licensed, certified, permitted or registered under
chs. 441 or
446 to
449.
118.29(1)(e)
(e) "Practitioner" means any physician, dentist or podiatrist licensed in any state.
118.29(2)
(2) Authority to administer drugs; civil liability exemption. 118.29(2)(a)(a) Notwithstanding
chs. 441,
447,
448 and
450, a school bus operator validly authorized under
ss. 343.12 and
343.17 (3) (c) to operate the school bus he or she is operating, any school employe or volunteer, county handicapped children's education board employe or volunteer or cooperative educational service agency employe or volunteer authorized in writing by the administrator of the school district, the board or the agency, respectively, or by a school principal, and any private school employe or volunteer authorized in writing by a private school administrator or private school principal:
118.29(2)(a)1.
1. May administer any drug which may lawfully be sold over the counter without a prescription to a pupil in compliance with the written instructions of the pupil's parent or guardian if the pupil's parent or guardian consents in writing.
118.29(2)(a)2.
2. May administer a prescription drug to a pupil in compliance with the written instructions of a practitioner if the pupil's parent or guardian consents in writing.
118.29(2)(a)3.
3. Is immune from civil liability for his or her acts or omissions in administering a drug or prescription drug to a pupil under
subd. 1. or
2. unless the act or omission constitutes a high degree of negligence. This subdivision does not apply to health care professionals.
118.29(2)(b)
(b) Any school district administrator, county handicapped children's education board administrator, cooperative educational service agency administrator, public or private school principal or private school administrator who authorizes an employe 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 or private school employe or volunteer, county handicapped children's education board employe or volunteer or cooperative educational service agency employe or volunteer, other than a health care professional, who in good faith renders emergency care to a pupil of a public or private 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 handicapped children's education board, cooperative educational service agency or governing body of a private school whose employes 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 employes 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(5)
(5) Exemption. No employe 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.
118.295
118.295
Suicide intervention; civil liability exemption. Any school board, private school, county handicapped children's education board or cooperative educational service agency, and any officer, employe 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).
118.295 History
History: 1985 a. 29;
1987 a. 14.
118.30
118.30
Pupil assessment. 118.30(1)(1) The department shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and 10th grades.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27, s.
9145 (1). The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27, s. 9145 (1), it read:
Effective date text
(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(1m)
(1m) Except as otherwise provided in this section, annually each school board shall do all of the following:
118.30(1m)(a)
(a) Beginning in the 1996-97 school year, administer the 4th grade 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)
(am) Administer the 8th grade 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) 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(2)(a)(a) To the extent possible, all examinations under this section shall be free of bias.
118.30(2)(b)1.1. The school board may determine not to administer an examination under this section to a pupil enrolled in a special education program under
subch. V of ch. 115. The school board may modify the format and administration of an examination for a pupil enrolled in such a program.
118.30(2)(b)2.
2. According to criteria established by the department by rule, the school board 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.
Effective date note
NOTE: Subd. 2. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
2. According to criteria established by the state superintendent by rule, the school board 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 this section.
118.30(2)(c)
(c) The results of examinations administered under this section to pupils enrolled in public schools, including charter schools, may not be used to evaluate teacher performance, 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)
(3) The department shall make available upon request, within 90 days after the date of administration, any examination required to be administered under this section. This subsection does not apply while the examination is being developed or validated.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(3) The state superintendent shall make available upon request, within 90 days after the date of administration, any examination required to be administered under this section. This subsection does not apply while the examination is being developed or validated.
118.30(4)
(4) The department shall study the utility of administering technology-based performance assessments to pupils.
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. 115.80 (4) (a) or reasonable physical activities associated with athletic training.
118.31(2)
(2) Except as provided in
sub. (3), no official, employe 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, employe 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.
118.31(3)(h)
(h) Using incidental, minor or reasonable physical contact designed to maintain order and control.
118.31(4)
(4) Each school board shall adopt a policy that allows any official, employe or agent of the school board to use reasonable and necessary force for the purposes of
sub. (3) (a) to
(h). In determining whether or not a person was acting within the exceptions in
sub. (3), deference shall be given to reasonable, good faith judgments made by an official, employe or agent of a school board.
118.31(5)
(5) Except as provided in
s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or their officials, employes or agents for damages arising out of claims involving allegations of improper or unnecessary use of force by school employes against students.
118.31(6)
(6) Nothing in this section shall prohibit, permit or otherwise affect any action taken by an official, employe or agent of a school board with regard to a person who is not a pupil enrolled in the school district.
118.31 Note
NOTE: This section was created by
1987 Wis. Act 303. Section 1 of that act is entitled "Legislative findings and purpose".
118.32
118.32
Strip search by school employe. Any official, employe or agent of any school or school district is prohibited under
s. 948.50 from conducting a strip search of any pupil.
118.32 History
History: 1983 a. 489;
1987 a. 332 s.
64.
118.33
118.33
High school graduation standards. 118.33(1)(a)(a) Except as provided in
par. (d), beginning on September 1, 1988, a school board may not grant a high school diploma to any pupil unless the pupil has earned:
118.33(1)(a)1.
1. In the high school grades, at least 4 credits of English including writing composition, 3 credits of social studies including state and local government, 2 credits of mathematics, 2 credits of science and 1.5 credits of physical education.
118.33(1)(a)2.
2. In grades 7 to 12, at least 0.5 credit of health education.
118.33(1)(am)
(am) The department shall encourage school boards to require an additional 8.5 credits selected from any combination of vocational education, foreign languages, fine arts and other courses.
Effective date note
NOTE: Par. (am) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(am) The state superintendent shall encourage school boards to require an additional 8.5 credits selected from any combination of vocational education, foreign languages, fine arts and other courses.
118.33(1)(b)
(b) Beginning September 1, 1988, a school board may not grant a high school diploma to any pupil unless, during the high school grades, the pupil has been enrolled in a class or has participated in an activity approved by the school board during each class period of each school day, or the pupil has been enrolled in an alternative education program, as defined in
s. 115.28 (7) (e) 1. Nothing in this paragraph prohibits a school board from establishing a program that allows a pupil enrolled in the high school grades who has demonstrated a high level of maturity and personal responsibility to leave the school premises for up to one class period each day if the pupil does not have a class scheduled during that class period.
118.33(1)(c)
(c) A school board may require a pupil to participate in community service activities in order to receive a high school diploma.
118.33(1)(d)
(d) A school board may grant a high school diploma to a pupil who has not satisfied the requirements under
par. (a) if all of the following apply:
118.33(1)(d)2.
2. The school board determines that the pupil has demonstrated a level of proficiency in the subjects listed in
par. (a) equivalent to that which he or she would have attained if he or she had satisfied the requirements under
par. (a).
Effective date note
NOTE: Sub. (2) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(2) The state superintendent shall:
118.33(2)(c)
(c) Establish course requirements under
sub. (1) and approve any school board's high school graduation standards policy that is equivalent to the requirements under
sub. (1).
118.33(2)(m)
(m) Adopt policies to accommodate pupils with exceptional educational interests, needs or requirements, not limited to children with exceptional educational needs, as defined under
s. 115.76 (3).
