SB239: Bill Text

SB239, s. 13 Section 13. 120.12 (26) of the statutes is created to read:

SB239,12,20 120.12 (26) Safe school plans. Have in effect a safe school plan for each school in the school district.

Note: Requires each school board to have in effect a safe school plan for each school in the school district. Under the effective date provisions of this bill, this requirement takes effect on the first day of the sixth month beginning after publication of the act.

SB239, s. 14 Section 14. 120.13 (1) (b) of the statutes is amended to read:

SB239,14,10 120.13 (1) (b) The school district administrator or any principal or teacher designated by the school district administrator also may make rules, with the consent of the school board, and may suspend a pupil for not more than 5 school days or, if a notice of expulsion hearing has been sent under par. (c) 4. or (e) 4. or s. 119.25 (2) (c), for not more than a total of 15 consecutive school days for noncompliance with such rules or school board rules, or for knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, for conduct by the pupil while at school or while under the supervision of a school authority which that endangers the property, health or safety of others, or for conduct while not at school or while not under the supervision of a school authority which that endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled. In this paragraph, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property. Prior to any suspension, the pupil shall be advised of the reason for the proposed suspension. The pupil may be suspended if it is determined that the pupil is guilty of noncompliance with such rule, or of the conduct charged, and that the pupil's suspension is reasonably justified. The parent or guardian of a suspended minor pupil shall be given prompt notice of the suspension and the reason for the suspension. The suspended pupil or the pupil's parent or guardian may, within 5 school days following the commencement of the suspension, have a conference with the school district administrator or his or her designee who shall be someone other than a principal, administrator or teacher in the suspended pupil's school. If the school district administrator or his or her designee finds that the pupil was suspended unfairly or unjustly, or that the suspension was inappropriate, given the nature of the alleged offense, or that the pupil suffered undue consequences or penalties as a result of the suspension, reference to the suspension on the pupil's school record shall be expunged. Such finding shall be made within 15 days of the conference. A pupil suspended under this paragraph shall not be denied the opportunity to take any quarterly, semester or grading period examinations or to complete course work missed during the suspension period, as provided in the attendance policy established under s. 118.16 (4) (a).

Note: Explicitly provides that a pupil may be suspended for making a threat to property, health or safety, as follows: (1) while at school or under the supervision of a school authority, making a threat to endanger the property, health or safety of others; or (2) while not at school or while not under the supervision of a school authority, making a threat to endanger the property, health or safety of others at school or under the supervision of a school authority or to endanger the property, health or safety of an employe or school board member of the school district.

SB239, s. 15 Section 15. 120.13 (1) (c) 1. of the statutes is amended to read:

SB239,15,4 120.13 (1) (c) 1. The school board may expel a pupil from school whenever it finds the pupil guilty of repeated refusal or neglect to obey the rules, or finds that a 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 means of explosives, or finds that the pupil engaged in conduct while at school or while under the supervision of a school authority which that endangered the property, health or safety of others, or finds that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which 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 employe or school board member of the school district in which the pupil is enrolled, and is satisfied that the interest of the school demands the pupil's expulsion. In this subdivision, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.

Note: Explicitly provides that a pupil may be expelled for making a threat to property, health or safety, as follows: (1) while at school or under the supervision of a school authority, making a threat to endanger the property, health or safety of others; or (2) while not at school or while not under the supervision of a school authority, making a threat to endanger the property, health or safety of others at school or under the supervision of a school authority or to endanger the property, health or safety of an employe or school board member of the school district.

SB239, s. 16 Section 16. 121.15 (3m) (a) 2. of the statutes is amended to read:

SB239,15,10 121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (2), other than s. 20.255 (2) (e), (fm), (fu), (k) and (m), and under ss. 20.275 (1) (d), (es), (et), (f), (fs) and (u) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) (s) that are used to provide grants or educational telecommunications access to school districts under s. 196.218 (4r).

Note: Provides that the amounts appropriated under this draft for grants to school boards and boards of control of CESAs for reducing violence and disruption in schools are not considered state aid in determining the state's commitment to fund two-thirds partial school revenues.

SB239, s. 17 Section 17. 165.72 (title) of the statutes is amended to read:

SB239,15,14 165.72 (title) Controlled Dangerous weapons or criminal activity in schools hotline; controlled substances hotline and rewards for controlled substances tips.

SB239, s. 18 Section 18. 165.72 (1) (a) of the statutes is renumbered 165.72 (1) (aj).

SB239, s. 19 Section 19. 165.72 (1) (ad) of the statutes is created to read:

SB239,15,17 165.72 (1) (ad) "Dangerous weapon" has the meaning given in s. 939.22 (10).

SB239, s. 20 Section 20. 165.72 (2) (intro.) of the statutes is amended to read:

SB239,16,3 165.72 (2) Hotline. (intro.) The department of justice shall maintain a single toll-free telephone number during normal retail business hours, as determined by departmental rule, for both all of the following:

SB239, s. 21 Section 21. 165.72 (2) (c) of the statutes is created to read:

SB239,16,6 165.72 (2) (c) For persons to provide anonymously information regarding dangerous weapons or criminal activity in public or private schools.

SB239, s. 22 Section 22. 165.72 (2g) of the statutes is created to read:

SB239,16,15 165.72 (2g) After-hours message for calls concerning dangerous weapons in schools. If a call is made outside of normal retail business hours to the telephone number maintained under sub. (2), the department shall provide for the call to be received by a telephone answering system or service. The telephone answering system or service shall provide a recorded message that requests the person calling to call the telephone number "911" or a local law enforcement agency if the person is calling to provide information regarding dangerous weapons or criminal activity in a school.

SB239, s. 23 Section 23. 165.72 (2m) of the statutes is created to read:

SB239,16,21 165.72 (2m) Transmission of information concerning dangerous weapons in schools. Immediately upon receiving any information under sub. (2) (c) regarding dangerous weapons or criminal activity in a school, or immediately at the beginning of the next retail business day if the information is not received during normal retail business hours, the department shall provide the information to all of the following:

SB239,16,22 (a) The administration of the school.

SB239,16,24 (b) The appropriate law enforcement agency for the municipality in which the school is located.

SB239, s. 24 Section 24. 165.72 (7) of the statutes is amended to read:

SB239,17,3 165.72 (7) Publicity. The department shall cooperate with the department of public instruction in publicizing, in public and private schools, the use of the toll-free telephone number under sub. (2).

Note: The treatment of s. 165.72 expands the controlled substances hotline, maintained by the DOJ, to also allow persons to provide anonymously information regarding dangerous weapons or criminal activity in public or private schools. DOJ must provide a telephone answering system to receive calls outside of normal business hours that provides a message to tell callers to call "911" or a local law enforcement agency if the caller is calling to provide information regarding dangerous weapons or criminal activity in a school. Immediately upon receiving information regarding dangerous weapons or criminal activity in a school, or immediately at the beginning of the next retail business day if the information is not received during normal business hours, DOJ must provide the information to the administrator of the school and the appropriate law enforcement agency for the municipality in which the school is located.

SB239, s. 25 Section 25. 895.035 (4) of the statutes is amended to read:

SB239,17,13 895.035 (4) Except for recovery under sub. (4a) or for retail theft under s. 943.51, the maximum recovery under this section from any parent or parents may not exceed the amount specified in s. 799.01 (1) (d) for damages resulting from any one act of a juvenile in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court. If 2 or more juveniles in the custody of the same parent or parents commit the same act the total recovery under this section may not exceed the amount specified in s. 799.01 (1) (d), in addition to taxable costs and disbursements. The maximum recovery from any parent or parents for retail theft by their minor child is established under s. 943.51.

Note: Reflects the creation of s. 895.035 (4a).

SB239, s. 26 Section 26. 895.035 (4a) of the statutes is created to read:

SB239,18,2 895.035 (4a) (a) The maximum recovery under this section by a school board or a governing body of a private school from any parent or parents with custody of a minor child may not exceed $10,000 for damages resulting from any one act of the minor child in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court, for damages caused to the school district or private school by any of the following actions of the minor child:

SB239,18,5 1. An act or threat that endangers the health or safety of persons at the school or under the supervision of a school authority and that results in a substantial disruption of a school day or a school activity.

SB239,18,8 2. An act intended to, or a threat to damage the property of a school district, a private school, or a person at the school or under the supervision of a school authority that results in a substantial disruption of a school day or school activity.

SB239,18,10 3. An act resulting in a violation of s. 943.01, 943.02, 943.03, 943.05, 943.06 or 947.015.

SB239,18,13 (b) In addition to other recoverable damages, damages under par. (a) may include the cost to the school district or private school in loss of instructional time directly resulting from the action of the minor child under par. (a).

SB239,18,17 (c) If 2 or more minor children in the custody of the same parent or parents are involved in the same action under par. (a), the total recovery may not exceed $10,000, in addition to taxable costs, disbursements and reasonable attorney fees, as determined by the court.

Note: Increases, from $5,000 to $10,000, the maximum dollar amount for parental liability for acts of minor children for certain violence-related costs that cause damages to a public school district or a private school.

SB239, s. 27 Section 27. 947.017 of the statutes is created to read:

SB239,18,22 947.017 Threat to cause death, bodily harm or property damage. (1) In this section, "governmental unit" means the United States, this state or one of its political subdivisions, an instrumentality or corporation of any of the foregoing or a combination or subunit of any of the foregoing.

SB239,19,5 (2) A person is guilty of a Class E felony if the person threatens to use a dangerous weapon or explosives to cause death, bodily harm or property damage in or on the premises of a structure owned, occupied or controlled by a governmental unit, a school, as defined in s. 948.50 (2) (a), or an institution of higher education, as defined in s. 108.02 (18).

Note: Creates a new felony for a threat to use a dangerous weapon or explosives to cause death, bodily harm or property damage in or on the premises of a structure owned, occupied or controlled by a governmental unit, a school or an institution of higher education.

SB239, s. 28 Section 28. Initial applicability.

SB239,19,9 (1) The treatment of section 115.38 (1) (b) and (bm) of the statutes first applies to reports required, under section 115.38 (2) of the statutes, to be distributed by January 1, 2002.

Note: Provides that the first school performance report which must contain the additional information related to suspensions and expulsions required under this bill, is the report that must be filed by January 1, 2002.

SB239, s. 29 Section 29. Effective dates. This act takes effect on the day after publication, except as follows:

SB239,19,13 (1) The treatment of section 120.12 (26) of the statutes takes effect on the first day of the 6th month beginning after publication.

Note: Requires school boards to have safe school plans in effect on the first day of the 6th month following publication of the act. All other provisions of the act take effect on the day after publication.

SB239,19,14 (End)