27,2782r
Section 2782r. 118.125 (1) (cm) and (d) of the statutes are amended to read:
118.125 (1) (cm) “Pupil physical health records" means those pupil records that include basic health information about a pupil, including the pupil's immunization records, an emergency medical card, a log of first aid and medicine administered to the pupil, an athletic permit card, a record concerning the pupil's ability to participate in an education program, any lead screening records required under s. 254.162, the results of any routine screening test, such as for hearing, vision or scoliosis, and any follow-up to such test, and any other basic health information, as determined by the department state superintendent.
(d) “Pupil records" means all records relating to individual pupils maintained by a school but does not include notes or records maintained for personal use by a teacher or other person who is required by the department
state superintendent under s. 115.28 (7) to hold a certificate, license or permit if such records and notes are not available to others, nor does it include records necessary for, and available only to persons involved in, the psychological treatment of a pupil.
27,2783g
Section 2783g. 118.125 (2) (d) of the statutes is amended to read:
118.125 (2) (d) Pupil records 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 interests, including safety interests, in the pupil records. Law enforcement officers' records obtained under s. 938.396 (1m) (a) shall be made available under this paragraph for the purposes of
as provided in s. 118.127 (2) to those 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. Law enforcement officers' records obtained under s. 938.396 (1m) (am) and (b) shall be made available under this paragraph for the purposes of s. 118.127 (2m) and (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 interests, including 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.
27,2785b
Section 2785b. 118.127 (2) of the statutes is amended to read:
118.127 (2) A school district shall use disclose information from law enforcement officers' records obtained under s. 938.396 (1m) (a) to persons employed by the school district who are required by the department under s. 115.28 (7) to hold a license and to other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in that information. In addition, if that information relates to a pupil of the school district, the school district shall also disclose that information to those 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 treatment programs for pupils enrolled in the school district. A school district shall may not use law enforcement officers' records obtained under s. 938.396 (1m) (a) as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against a pupil.
27,2785bm
Section 2785bm. 118.127 (2m) of the statutes is repealed.
27,2785c
Section 2785c. 118.127 (3) of the statutes is repealed.
27,2785d
Section 2785d. 118.13 (2) of the statutes is amended to read:
118.13 (2) (a) Each school board shall develop written policies and procedures to implement this section and submit them to the department state superintendent as a part of its 1986 annual report under s. 120.18. The policies and procedures shall provide for receiving and investigating complaints by residents of the school district regarding possible violations of this section, for making determinations as to whether this section has been violated and for ensuring compliance with this section.
(b) Any person who receives a negative determination under par. (a) may appeal the determination to the department state superintendent.
27,2785h
Section 2785h. 118.13 (3) (a) (intro.) of the statutes is amended to read:
118.13 (3) (a) (intro.) The department state superintendent shall:
27,2785p
Section 2785p. 118.13 (3) (a) 1. of the statutes is amended to read:
118.13 (3) (a) 1. Decide appeals made to him or her under sub. (2) (b). Decisions of the department
state superintendent under this subdivision are subject to judicial review under ch. 227.
27,2785t
Section 2785t. 118.13 (3) (b) (intro.) of the statutes is amended to read:
118.13 (3) (b) (intro.) The department state superintendent may:
27,2787
Section 2787
. 118.145 (1) of the statutes is amended to read:
118.145 (1) The school board of a district operating high school grades shall determine, with the advice and consent of the department state superintendent, the minimum standards for admission to high school.
27,2787b
Section 2787b. 118.145 (4) of the statutes is created to read:
118.145 (4) The school board of a school district operating high school grades shall allow a pupil enrolled in a private school or a pupil enrolled in a home-based educational program, who has met the standards for admission to high school under sub. (1), to take up to 2 courses during each school semester if the pupil resides in the school district in which the public school is located and if the school board determines that there is sufficient space in the classroom.
27,2787e
Section 2787e. 118.15 (1) (cm) 5. of the statutes is amended to read:
118.15 (1) (cm) 5. The department
state superintendent shall grant a high school equivalency diploma to a child under this paragraph who completes the general educational development test with a passing score, as determined by the department state superintendent, and completes the additional requirements determined by the department state superintendent under s. 115.29 (4).
27,2787m
Section 2787m. 118.15 (2) (a) 3. of the statutes is amended to read:
118.15 (2) (a) 3. Multiply the quotient under subd. 1. by any additional costs associated with direct student support services, as determined jointly by the department state superintendent and the state director of the technical college system.
27,2788
Section 2788
. 118.15 (2) (c) of the statutes is amended to read:
118.15 (2) (c) Pupils attending a technical college under this subsection may receive general education subjects at the technical college and shall be counted as pupils enrolled in the high school for all purposes including computing state aid for the school district. Payments by the school district under par. (a) shall be deemed costs of operation and maintenance.
27,2788b
Section 2788b. 118.153 (2) (b) of the statutes is amended to read:
118.153 (2) (b) 1. If in the previous school year a school district had 50 or more dropouts and a dropout rate exceeding 5% of its total high school enrollment, the school board shall apply to the department state superintendent for aid under this section.
2. If in the previous school year a school district had 40 or more dropouts, the school board may apply to the department state superintendent for aid under this section.
27,2788c
Section 2788c. 118.153 (3m) of the statutes is created to read:
118.153 (3m) (a) After reviewing the recommendations of the governor's council on workforce excellence under s. 106.115 (2) (em), the state superintendent may approve an innovative school-to-work program provided by a nonprofit organization for children at risk in a county having a population of 500,000 or more to assist those children at risk in acquiring employability skills and occupational-specific competencies before leaving high school. If the state superintendent approves a program under this paragraph, the state superintendent may award a grant, from the appropriation under s. 20.255 (3) (ef), to the nonprofit organization providing the program and the nonprofit organization shall use the funds received under the grant to provide the program.
(b) The state superintendent shall establish requirements for the operation of the grant program under this subsection. Those requirements need not be promulgated as rules.
27,2788d
Section 2788d. 118.153 (4) (a) and (b) of the statutes are amended to read:
118.153 (4) (a) Beginning in August 1994, and annually thereafter, a school board that applied for aid under this section in the previous school year shall submit a report to the department state superintendent. The report shall include only information about the pupils enrolled in a program for children at risk in the previous school year that is necessary for the department state superintendent to determine the number of pupils who achieved each of the objectives under par. (c).
(b) Upon receipt of a school board's annual report under par. (a) the department state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. 20.255 (2) (ac) in the previous school year.
27,2788h
Section 2788h. 118.153 (7) of the statutes is amended to read:
118.153 (7) The department
state superintendent shall promulgate rules to implement and administer this section. The rules shall not be overly restrictive in defining approved programs and shall not serve to exclude programs that have demonstrated success in meeting the needs of children at risk.
27,2788p
Section 2788p. 118.155 (1) of the statutes is amended to read:
118.155 (1) Any school board shall, without approval of the department state superintendent, permit pupils with written permission of a parent or guardian to be absent from school at least 60 minutes but not more than 180 minutes per week to obtain religious instruction outside the school during the required school period. The supervisor of such religious instruction shall report monthly, to the principal of the school regularly attended, the names of the pupils who attended such weekly religious instruction. The school board may deny the privilege of released time to pupils who absent themselves from such religious instruction after requesting the privilege. The time period, or periods, allotted for the pupil to be absent from school for the purpose of religious instruction shall be determined by the school board.
27,2788t
Section 2788t. 118.16 (2) (b) of the statutes is amended to read:
118.16 (2) (b) Annually, on or before August 1, shall determine how many pupils enrolled in the school district were absent in the previous year and whether the absences were excused under s. 118.15 and shall notify the department state superintendent of the determination.
27,2789
Section 2789
. 118.165 (2) of the statutes is amended to read:
118.165 (2) An institution may request the department state superintendent to approve the institution's educational program as a private school. The department state superintendent shall base its his or her approval solely on the criteria under sub. (1).
27,2790
Section 2790
. 118.167 of the statutes is amended to read:
118.167 (title) Private school determination by department state superintendent. If an association that regulates or accredits private educational institutions in this state submits an affidavit to the department
state superintendent attesting that the institution meets or exceeds all of the criteria under s. 118.165 and the department state superintendent finds that the institution does meet or exceed all of the criteria under s. 118.165, the department state superintendent shall determine that the institution is a private school. If at any time the department state superintendent finds that an institution determined to be a private school under this section no longer meets the criteria under s. 118.165, the department
state superintendent may withdraw the determination.
27,2790m
Section 2790m. 118.18 of the statutes is amended to read:
118.18 Teacher reports. Every teacher shall record the names, ages and studies of all pupils under his or her charge and their daily attendance and such other facts or matters relating to the school as the department
state superintendent or school board requires.
27,2792b
Section 2792b. 118.19 (3), (4) and (4m) of the statutes are amended to read:
118.19 (3) (a) No license to teach in any public school may be issued unless the applicant possesses a bachelor's degree including such professional training as the department by rule requires, except as permitted under par. (b) and ss. 115.28 (17) (a) and 118.192. Notwithstanding s. 36.11 (16), beginning August 31, 1990, no teacher preparatory program in this state may be approved by the department state superintendent under s. 115.28 (7) (a), unless each student in the program is required to complete student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school. Beginning August 31, 1990, no license to teach in any public school may be granted to an applicant who completed a professional training program outside this state unless the applicant completed student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the department state superintendent. The department state superintendent may grant exceptions to the student teaching requirements under this paragraph when the midyear calendars of the institution offering the teacher preparatory program and the cooperating school differ from each other and would prevent students from attending classes at the institution in accordance with the institution's calendar. The department state superintendent shall promulgate rules to implement this subsection.
(b) The department state superintendent shall permanently certify any applicant to teach Wisconsin native American languages and culture who has successfully completed the university of Wisconsin-Milwaukee school of education approved Wisconsin native American languages and culture project certification program at any time between January 1, 1974, and December 31, 1977. School districts shall not assign individuals certified under this paragraph to teach courses other than Wisconsin native American languages and culture, unless they qualify under par. (a).
(4) (a) Notwithstanding subch. II of ch. 111, the
department state superintendent may not grant a license to any person who has been convicted of any Class A, B, C or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, for 6 years following the date of the conviction, and may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.
(b) Notwithstanding par. (a), the department
state superintendent shall grant a license to a person convicted of a crime described under par. (a), prior to the expiration of the 6-year period following the conviction, if the conviction is reversed, set aside or vacated.
(4m) Beginning July 1, 1995, the department state superintendent may not issue or renew a license to teach the visually impaired unless the applicant demonstrates, based on criteria established by the department
state superintendent by rule, that he or she is proficient in reading and writing braille and in teaching braille. In promulgating rules under this subsection, the department
state superintendent shall take into consideration the standard used by the librarian of congress for certifying braille transcribers.
27,2792d
Section 2792d. 118.19 (8) of the statutes is amended to read:
118.19 (8) Beginning July 1, 1992, the department state superintendent may not grant to any person a license to teach unless the person has received instruction in the study of minority group relations, including instruction in the history, culture and tribal sovereignty of the federally recognized American Indian tribes and bands located in this state.
27,2792e
Section 2792e. 118.19 (9) (a) (intro.) of the statutes is amended to read:
118.19 (9) (a) (intro.) Except as provided in par. (b), beginning on July 1, 1996, the department state superintendent may not issue an initial teaching license, school district administrator's license or school administrator's license unless the applicant has demonstrated competency in all of the following:
27,2792h
Section 2792h. 118.19 (9) (b) of the statutes is amended to read:
118.19 (9) (b) The department
state superintendent may waive the requirements under par. (a) if the applicant demonstrates competency in the subjects under par. (a) 1. to 3. within 12 months after the date on which the license is issued.
27,2792L
Section 2792L. 118.19 (10) (b) (intro.) of the statutes is amended to read:
118.19 (10) (b) (intro.) With the assistance of the department of justice, the department state superintendent shall do all of the following:
27,2792p
Section 2792p. 118.19 (10) (b) 2. of the statutes is amended to read:
118.19 (10) (b) 2. Over a 5-year period, conduct a background investigation of each person who holds a license, issued by the department state superintendent, that has no expiration date and who is employed by an educational agency.
27,2792r
Section 2792r. 118.19 (10) (c) of the statutes is amended to read:
118.19 (10) (c) If the person under par. (b) is a nonresident, or if the department state superintendent determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the department state superintendent shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.
27,2792u
Section 2792u. 118.19 (10) (d) (intro.) of the statutes is amended to read:
118.19 (10) (d) (intro.) Upon request, an educational agency shall provide the department state superintendent with all of the following information about each person employed by the educational agency who holds a license, issued by the department state superintendent, that has no expiration date:
27,2792y
Section 2792y. 118.19 (10) (e) of the statutes is amended to read:
118.19 (10) (e) The department
state superintendent may issue or renew a license or permit conditioned upon the receipt of a satisfactory background investigation.
27,2793
Section 2793
. 118.19 (10) (f) of the statutes is amended to read:
118.19 (10) (f) The department
state superintendent shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.
27,2794m
Section 2794m. 118.192 (1) to (3) of the statutes are amended to read:
118.192 (1) The department
state superintendent shall establish an alternative teacher training program for mathematics and science teachers. The program shall be conducted during the summer and shall consist of approximately 100 hours of formal instruction.
(2) An individual who holds a bachelor's degree in engineering, mathematics, biology, chemistry or physics, has at least 5 years of experience as an engineer, mathematician or science professional and passes the appropriate subject area portion of the national teacher's examination administered by the educational testing service, inc., in mathematics or science may apply to the department state superintendent for enrollment in the alternative teacher training program. The department
state superintendent shall charge a fee sufficient to cover the costs of the program.
(3) The department state superintendent shall grant a professional teaching permit to any person who satisfactorily completes the program under sub. (2). The permit authorizes the person to teach mathematics or science, as specified by the department state superintendent, in grades kindergarten to 12 for 2 years, if the person is supervised by a person who holds a regular teaching license. The permit is renewable.
27,2795
Section 2795
. 118.192 (5) of the statutes is repealed.
27,2795m
Section 2795m. 118.195 of the statutes is amended to read:
118.195 Discrimination against handicapped teachers prohibited. (1) No person otherwise qualified may be denied a certificate or license from the department state superintendent under s. 118.19 (1) because the person is totally or partially blind, deaf or physically handicapped nor may any school district refuse to employ a teacher on such grounds, if such handicapped teacher is able to carry out the duties of the position which the person seeks.
(2) Any school board may request the department state superintendent for advice and assistance in interpreting this section.
27,2796
Section 2796
. 118.20 (2) of the statutes is amended to read:
118.20 (2) The department
state superintendent or a person designated by the state superintendent may receive and investigate complaints charging discrimination in employment, assignment or reassignment of teachers or administrative personnel in the public schools and the department state superintendent or designee may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.
27,2797
Section
2797. 118.20 (3) of the statutes is amended to read:
118.20 (3) If the department
state superintendent finds probable cause to believe that any discrimination prohibited by this section has been or is being practiced, the department state superintendent shall immediately endeavor to eliminate the practice by conference, conciliation or persuasion. In case of failure to eliminate the discrimination, the department state superintendent shall issue and serve a written notice of hearing, specifying the nature of the discrimination which appears to have been committed, and requiring the public school official, employe, teacher agency or placement bureau named, hereinafter called the “respondent" to answer the complaint at a hearing before the department state superintendent. The notice shall specify a time of hearing not less than 10 days after service of the complaint, and a place of hearing within the county in which the discrimination is alleged to have occurred.
27,2798
Section 2798
. 118.20 (4) of the statutes is amended to read:
118.20 (4) After hearing, if the department state superintendent finds that the respondent has engaged in discrimination prohibited by this section the department state superintendent shall make written findings and recommend such action by the respondent as shall satisfy the purposes of this section and shall serve a certified copy of the findings and recommendations on the respondent together with an order requiring the respondent to comply with the recommendations. Any person aggrieved by noncompliance with the order shall be entitled to have the order enforced specifically by suit in equity. If the department state superintendent finds that the respondent has not engaged in the alleged discrimination, the department state superintendent shall serve a certified copy of the department's state superintendent's findings on the complainant together with an order dismissing the complaint.
27,2799
Section 2799
. 118.20 (5) of the statutes is amended to read:
118.20 (5) If any public school official, employe, teachers agency or placement bureau violates sub. (1) or fails or refuses to obey any lawful order made by the department state superintendent pursuant to this section, such person shall forfeit and pay into the state treasury not less than $25 nor more than $50, or be imprisoned not less than 5 nor more than 30 days. Such violation or failure or refusal to obey an order shall be grounds for the removal of any school district administrator, member of a school board or other public school official. Findings and orders of the department state superintendent under this section shall be subject to judicial review under ch. 227.
