AB423: Bill Text

LRB-3007/1

PG:mfd:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 423

June 12, 1997 - Introduced by Representatives R. Young, Seratti, Baldwin, Boyle, Notestein and L. Young, cosponsored by Senator Adelman. Referred to Committee on Education.

AB423,1,8 An Act to repeal 120.13 (1) (c) 2.; to amend 15.09 (1) (a), 119.04 (1), 119.25 (2) (a) 1., 119.25 (2) (b), 120.13 (1) (c) 3., 120.13 (1) (c) 4. a., 120.13 (1) (c) 4. h., 120.13 (1) (e) 2. a., 120.13 (1) (e) 3., 120.13 (1) (e) 4. a., 120.13 (1) (e) 4. j. and 120.13 (1) (f); to repeal and recreate 120.13 (1) (c) 1.; and to create 15.09 (1) (c), 15.377 (8), 116.032 (4), 118.153 (1) (a) 5., 120.12 (25), 120.13 (1) (h), 120.13 (1) (i) and 121.05 (1) (a) 11. of the statutes; relating to: the expulsion of pupils from school and creating a council on pupil discipline in the department of public instruction.

Analysis by the Legislative Reference Bureau

Under current law, a school board may expel a pupil from school if the school board finds any of the following:

1. That the pupil is guilty of repeated refusal or neglect to obey school district rules.

2. That the pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by explosives.

3. That the pupil engaged in conduct while at school or while under the supervision of a school authority that endangered the property, health or safety of others.

4. That the pupil, while not at school or while not under the supervision of a school authority, engaged in conduct that endangered the property, health or safety of others at school or under the supervision of a school authority, or endangered the property, health or safety of any school district employe or school board member.

5. That the pupil is at least 16 years old and repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an educational atmosphere at school or at an activity supervised by a school authority.

This bill eliminates all of the above reasons for expulsion. Instead, the bill authorizes a school board to expel a pupil from school whenever the pupil does any of the following on school grounds, at a school-sponsored event or in a vehicle being used for a school purpose:

1. Uses violence, force, coercion, threats, intimidation or similar conduct in a manner that constitutes substantial interference with school purposes.

2. Wilfully causes or attempts to cause substantial damage to property, steals or attempts to steal property of substantial value, or repeatedly damages or steals school property.

3. Causes or attempts to cause personal injury to any school district official, employe or agent or to any pupil enrolled in the school district, unless the pupil engaged in such conduct by accident or with the reasonable belief that it was necessary to protect a person from harm.

4. Threatens or intimidates any pupil for the purpose of obtaining anything of value from the pupil.

5. Knowingly possesses a dangerous weapon.

6. Engages in the unlawful possession, selling, dispensing or use, or is under the influence, of alcohol or a controlled substance (dangerous drug).

7. If the pupil is at least 12 years of age, publicly engages in sexual intercourse or publicly exposes genitals with the intent to alarm another person.

8. Commits a sexual assault.

9. Engages in conduct that is punishable as a felony and that constitutes a danger to other pupils or interferes with school purposes.

10. Repeatedly violates school rules adopted by the school board if the school board has distributed a copy of the rules to each pupil enrolled in the school district and the violations constitute a substantial interference with school purposes.

Current law provides no limitation on the term of an expulsion. This bill provides that, with certain exceptions, a pupil may not be expelled from school beyond the last day of the semester in which the expulsion takes effect.

Current law specifies that no school board is required to enroll a pupil during the term of his or her expulsion from another school district. This bill eliminates that statement. Instead, the bill provides that if an expelled pupil seeks to enroll in another school district, the school board of the latter school district must determine whether it would have expelled the pupil from school and, if so, whether it would have done so for the same term. If the school board determines that it would have expelled the pupil from school for at least the same term, it may refuse to enroll the pupil during the term of the pupil's expulsion.

The bill provides that if a pupil is expelled from school and does not enroll in another school district, the school board must ensure that the pupil is enrolled in a children-at-risk program or in an appropriate educational program operated by a cooperative educational service agency under contract with the school board. (The bill specifies that pupils who are the subject of an expulsion hearing are eligible for children-at-risk programs.)

Currently, if a pupil is expelled from school, the pupil may appeal the expulsion to the state superintendent of public instruction. This bill provides that the appeal must be made within 30 days after the expulsion order is issued and requires that the state superintendent treat the appeal as a contested case, which means that all parties must be afforded an opportunity for hearing.

Finally, this bill establishes a council on pupil discipline in the department of public instruction. The committee consists of one senator, one representative to the assembly, one member appointed by the governor and 4 members who represent the interests of school boards, school administrators, teachers and parents, appointed by the state superintendent.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB423, s. 1 Section 1. 15.09 (1) (a) of the statutes is amended to read:

AB423,3,5 15.09 (1) (a) Unless otherwise provided by law, the governor shall appoint the members of councils for terms prescribed by law. Except as provided in par. pars. (b) and (c), fixed terms shall expire on July 1 and shall, if the term is for an even number of years, expire in an odd-numbered year.

AB423, s. 2 Section 2. 15.09 (1) (c) of the statutes is created to read:

AB423,3,8 15.09 (1) (c) The terms of 2 of the members of the council on pupil discipline appointed under s. 15.377 (8) (d) shall expire in an even-numbered year.

AB423, s. 3 Section 3. 15.377 (8) of the statutes is created to read:

AB423,4,3 15.377 (8) Council on pupil discipline. There is created in the department of public instruction a council on pupil discipline. The council shall consist of the following members:

AB423,4,4 (a) One member appointed by the governor for a 2-year term.

AB423,4,7 (b) One senator who is a member of the senate committee whose subject matter is elementary and secondary education, appointed by the chairperson of that committee.

AB423,4,10 (c) One representative to the assembly who is a member of the assembly committee whose subject matter is elementary and secondary education, appointed by the chairperson of that committee.

AB423,4,13 (d) Four members who represent the interests of school boards, school administrators, teachers and parents, appointed by the state superintendent of public instruction for 2-years.

AB423, s. 4 Section 4. 116.032 (4) of the statutes is created to read:

AB423,4,20 116.032 (4) If a board of control contracts with the school board of an expelled pupil's school district of residence to provide an alternative educational program for the pupil under s. 120.13 (1) (i), the board of control and the school board shall jointly develop an individualized plan for success for the pupil. The plan shall include a strategy for the pupil to return to school in his or her school district of residence within one year or at the end of the pupil's term of expulsion, whichever is sooner.

AB423, s. 5 Section 5. 118.153 (1) (a) 5. of the statutes is created to read:

AB423,4,23 118.153 (1) (a) 5. Pupils who are the subject of an expulsion hearing under s. 119.25 (2) (b) or 120.13 (1) (c) 3. or (e) 3.

AB423, s. 6 Section 6. 119.04 (1) of the statutes is amended to read:

AB423,5,7 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 120.12 (5) and (15) to (24) (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.

AB423, s. 7 Section 7. 119.25 (2) (a) 1. of the statutes is amended to read:

AB423,5,11 119.25 (2) (a) 1. May expel a pupil from school whenever the hearing officer or panel finds that the pupil engaged in conduct that constitutes grounds for expulsion under s. 120.13 (1) (c) 1. or 2.

AB423, s. 8 Section 8. 119.25 (2) (b) of the statutes is amended to read:

AB423,6,14 119.25 (2) (b) No administrator may be designated to participate in an expulsion hearing if he or she was involved in the incident that led to the expulsion proceeding. Prior to expelling a pupil, the hearing officer or panel shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian, may be represented at the hearing by counsel. The hearing officer or panel shall keep a full record of the hearing. The hearing officer or panel shall inform each party of the right to a complete record of the proceeding. Upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent or guardian. Upon the ordering by the hearing officer or panel of the expulsion of a pupil, the school district shall mail a copy of the order to the board, the pupil and, if the pupil is a minor, the pupil's parent or guardian. A school board, hearing officer or panel may disclose the transcript to the parent or guardian of an adult pupil, if the adult pupil is a dependent of his or her parent or guardian under section 152 of the internal revenue code. Within 30 days after the date on which the order is issued, the board shall review the expulsion order and shall, upon review, approve, reverse or modify the order. The order of the hearing officer or panel shall be enforced while the board reviews the order. The Within 30 days after the date of the board's decision, the expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the board's decision to the department as a contested case under ch. 227. If the board's decision is appealed to the department, within 60 days after the date on which the department receives the appeal, the department shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the board shall be enforced while the department reviews the decision. An appeal from the decision of the department may be taken within 30 days to the circuit court for the county in which the school is located.

AB423, s. 9 Section 9. 120.12 (25) of the statutes is created to read:

AB423,6,17 120.12 (25) School district rules. Distribute a copy of the rules adopted under s.120.13 (1) (a) to all of the following:

AB423,6,19 (a) Each pupil enrolled in the school district, and his or her parent or guardian, at the beginning of each school term.

AB423,6,21 (b) Each pupil who enrolls in the school district after the beginning of a school term, and the pupil's parent or guardian.

AB423, s. 10 Section 10. 120.13 (1) (c) 1. of the statutes is repealed and recreated to read:

AB423,6,25 120.13 (1) (c) 1. The school board may expel a pupil from school whenever the pupil does any of the following on school grounds, at a school-sponsored event or in a vehicle being used for a school purpose:

AB423,7,2 a. Uses violence, force, coercion, threats, intimidation or similar conduct in a manner that constitutes substantial interference with school purposes.

AB423,7,5 b. Wilfully causes or attempts to cause substantial damage to property, steals or attempts to steal property of substantial value, or repeatedly damages or steals school property.

AB423,7,9 c. Causes or attempts to cause personal injury to any school district official, employe or agent or to any pupil enrolled in the school district, unless the pupil engaged in such conduct by accident or with the reasonable belief that it was necessary to protect a person from harm.

AB423,7,11 d. Threatens or intimidates any pupil for the purpose of obtaining anything of value from the pupil.

AB423,7,13 e. Except as provided in subd. 2m., knowingly possesses a dangerous weapon, as defined in s. 939.22 (10), other than a firearm, as defined in 18 USC 921 (a) (3).

AB423,7,16 f. Engages in the unlawful possession, selling, dispensing or use, or is under the influence, of alcohol, a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).