SB239: Bill Text

1. May suspend a pupil for noncompliance with a school rule and may expel a pupil for repeated refusal to obey the rules.

2. May suspend or expel a pupil for conduct while at school or under the supervision of a school authority that endangers the property, health or safety of others, and must suspend and expel a pupil for possession of a firearm while at school or under the supervision of a school authority.

3. May suspend or expel a pupil for conduct while not at school or while not under the supervision of a school authority 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.

4. May suspend or expel a pupil 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 (that is, making a bomb threat to destroy school property).

For an expulsion, the school board must also be satisfied that the interest of the school demands the pupil's expulsion.

This bill specifies that for suspensions and expulsions, 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. (See items 2. and 3., above.)

Hotline

Under current law, the department of justice (DOJ) is required to maintain a toll-free telephone number during normal retail business hours for persons to provide information regarding suspected violations of laws concerning controlled substances (dangerous drugs).

This bill requires DOJ to maintain a single toll-free telephone number both for information regarding suspected controlled substances law violations and for persons to anonymously provide information regarding dangerous weapons or criminal activity in public or private schools.

If a call is made to the toll-free telephone number outside of normal retail business hours, DOJ shall provide for the call to be received by a telephone answering system or service. That system or service shall provide a recorded message that requests the person calling to call "911" or a local law enforcement agency if the person is calling to provide information regarding dangerous weapons or criminal activity in a school.

The bill also provides that, immediately upon receiving any 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 retail business hours, DOJ must provide the information to the administration of the school and the appropriate law enforcement agency for the municipality in which the school is located.

Parental Liability

Current law sets forth certain limits on parental liability for damages resulting from acts of a minor child. In general, except for recovery for retail theft (which has separate provisions on amounts recoverable), the maximum recovery from any parent or parents may not exceed $5,000 for damages resulting from any one act of a "juvenile" in addition to costs and reasonable attorney fees.

This bill creates a new provision establishing a higher maximum dollar amount for parental liability for certain violence-related acts of minor children. Under the bill, for damages caused to the property of a school district or private school by any of the following acts by a minor child, the maximum recovery by a school board or governing body of a private school from any parent or parents with custody of the child may not exceed $10,000:

1. An act or threat that endangers the health or safety of others at school or under the supervision of a school authority or that is intended to damage the property of a school district, private school or persons at school or under the supervision of a school authority and that results in a substantial disruption of a school day or a school activity.

2. A violation of any of the following:

a. Section 943.01, stats., relating to damage to property.

b. Section 943.02, stats., relating to arson of buildings and damage of property by explosives.

c. Section 943.03, stats., relating to arson of property other than a building.

d. Section 943.05, stats., relating to placing combustible or explosive materials in or near property with intent to set fire or blow up the property.

e. Section 947.015, stats., relating to bomb scares.

The bill specifies that in addition to other types of damages, a school board or governing body of a private school may recover the school district's or private school's cost in loss of instructional time directly resulting from the act of the minor child.

Reporting a Pupil Without a Parent or Guardian

This bill creates a new reporting requirement relating to a pupil without a parent or guardian. Under the bill, if a pupil is a child who is without a parent or guardian, any school teacher, school administrator, school counselor or school social worker who knows that the child is without a parent or guardian must report that fact as soon as possible to the appropriate county department of social services or, in Milwaukee County, to the department of health and family services (DHFS). This requirement does not apply to a pupil who has a legal custodian, as defined in s. 48.02 (11), stats., or who is cared for by a kinship care relative under s. 48.57 (3m), stats., or a long-term kinship care relative under s. 48.57 (3n), stats.

Suspension and Expulsion Data in School Performance Report

Under current law, the state superintendent of public instruction must develop a school and school district performance report for use by school districts. Each school board must distribute the report to the parent or guardian of each pupil enrolled in the school district, including pupils enrolled in charter schools, or give the report to each pupil to take home to his or her parent or guardian. The state superintendent must publish and distribute to the legislature a summary of the school districts' reports.

Current law specifies that the report must include indicators of academic achievement; other indicators of school and school district performance; staffing and financial information; data on pupils participating in the part-time open enrollment program; and the method of reading instruction and reading textbooks used in the school district. Among other items, the other indicators of school and school district performance must include numbers of suspensions and expulsions.

This bill specifies that, in addition to numbers of suspensions and expulsions, the school or school district performance report must include all of the following:

1. The reasons for which pupils are suspended or expelled, reported according to categories specified by the state superintendent.

2. The length of time for which pupils are expelled, reported according to categories specified by the state superintendent.

3. Whether pupils return to school after their expulsions.

4. The educational programs and services, if any, provided to pupils during their expulsions, reported according to categories specified by the state superintendent.

5. The schools attended by pupils who are suspended or expelled.

6. The grade, sex and ethnicity of pupils who are suspended or expelled and whether the pupils are children with disabilities.

Habitual Truancy and Suspensions or Expulsions

This bill explicitly states that the period during which a pupil is absent from school due to a suspension or expulsion is neither an absence without an acceptable excuse for the purposes of the definition of "habitual truant" nor an absence without legal cause for the purposes of the definition of "truancy".

Medical Assistance (MA) Reimbursement

Under current law, if a school district or CESA provides "school medical services", it may receive 60% of the federal share of MA reimbursement for allowable charges for those services and for allowable administrative costs. "School medical services" are health care services that are provided in a school to children who are eligible for MA that are appropriate to a school setting, as provided in the state MA plan.

This bill provides that a school board or CESA that provides school medical services may receive the entire federal share of the allowable charges and allowable administrative costs.

Federal Funds

The bill directs DOJ and DPI aggressively to seek and apply for federal funds relating to school safety and reducing violence and disruption in schools. Each department is required to make a report of its progress in applying for and obtaining such funds. The reports, which are to be made by January 1, 2001, and January 1, 2003, are to be submitted to the legislature, the cochairpersons of the joint committee on finance and the governor.

Felony for Threatening to Cause Death, Bodily Harm or Property Damage at a Government Building, School or Institution of Higher Education

Current law prohibits a person from intentionally conveying a threat or false information, knowing the threat or information to be false, concerning an attempt or an alleged attempt being made or to be made to destroy property with explosives. A person who violates this prohibition is guilty of a Class E felony and may be fined not more than $10,000 or imprisoned for not more than two years or both, if the offense occurs before December 31, 1999, or may be fined not more than $10,000 or imprisoned for not more than five years or both, if the offense occurs on or after December 31, 1999.

This bill prohibits a person from threatening to use a dangerous weapon or explosives to cause death, bodily harm or property damage at a government building, a school or an institution of higher education. For purposes of the criminal code [chs. 939 to 951, stats.]: (1) "bodily harm" is defined to mean physical pain or injury, illness or any impairment of physical condition; and (2) "dangerous weapon" is defined to mean any firearm, whether loaded or unloaded, any device designed as a weapon and capable of producing death or great bodily harm, any electric weapon under s. 941.295 (4), stats., or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

A person who violates the prohibition created by the bill is guilty of a Class E felony (see penalties above).

SB239, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

Note: Creates the appropriation schedule entry for grants for reducing violence and disruption in schools. The grant program is created in s. 115.455 and the appropriation for the grants is created in s. 20.255 (2) (e).

SB239, s. 2 Section 2. 20.255 (2) (e) of the statutes is created to read:

SB239,6,4 20.255 (2) (e) Grants for reducing violence and disruption. The amounts in the schedule for grants to school boards and boards of control of cooperative educational service agencies under s. 115.455.

Note: Creates the appropriation for grants for reducing violence and disruption in schools. The grant program is created in s. 115.455.

SB239, s. 3 Section 3. 36.11 (36) of the statutes is created to read:

SB239,6,12 36.11 (36) School safety research. The board shall direct the schools of education and other appropriate research-oriented departments within the system, to work with the technical college system board under s. 38.04 (27), school districts, private schools and the department of public instruction to present to school districts and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.

Note: Directs the Board of Regents of the UW System to work with others to present to public and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems.

SB239, s. 4 Section 4. 38.04 (27) of the statutes is created to read:

SB239,7,4 38.04 (27) School safety research. The board shall work with schools of education and other departments of the University of Wisconsin System under s. 36.11 (36), school districts, private schools and the department of public instruction to present to school districts and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.

Note: Directs the state technical college board to work with others to present to public and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems.

SB239, s. 5 Section 5. 49.45 (39) (b) of the statutes is amended to read:

SB239,7,17 49.45 (39) (b) Payment for school medical services. If a school district or a cooperative educational service agency elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the school district or the cooperative educational service agency for 60% of the federal share of allowable charges for the school medical services that it provides and for allowable administrative costs. The department shall promulgate rules establishing a methodology for making reimbursements under this paragraph. All other expenses for the school medical services shall be paid for by the school district or the cooperative educational service agency with funds received from state or local taxes. The school district or the cooperative educational service agency shall comply with all requirements of the federal department of health and human services for receiving federal financial participation.

Note: Increases the percentage of the federal share of MA reimbursement for allowable charges that a school board or board of control of a CESA may receive for providing school medical services to MA-eligible pupils and administrative costs from 60% to 100%.

SB239, s. 6 Section 6. 115.28 (42) of the statutes is created to read:

SB239,8,4 115.28 (42) Federal funds for school safety. The department of justice, aggressively seek and apply for federal funds relating to school safety and reducing violence and disruption in schools, including funds for alternative schools or programs. Each department shall make a report by January 1, 2001, and January 1, 2003, of its progress in applying for and obtaining funds under this section. The report shall be provided under s. 13.172 (2) to the legislature, to the cochairpersons of the joint committee on finance and to the governor.

Note: Requires DOJ and DPI aggressively to seek and apply for federal funds, relating to school safety and reducing violence and disruption in schools, and report to the legislature on their progress in applying for and obtaining such funds.

SB239, s. 7 Section 7. 115.38 (1) (b) of the statutes is amended to read:

SB239,8,12 115.38 (1) (b) Other indicators of school and school district performance, including dropout, attendance, retention in grade and graduation rates ; numbers of suspensions and expulsions; percentage of habitual truants, as defined in s. 118.16 (1) (a); percentage of pupils participating in extracurricular and community activities and advanced placement courses; percentage of graduates enrolled in postsecondary educational programs; and percentage of graduates entering the workforce.

SB239, s. 8 Section 8. 115.38 (1) (bm) of the statutes is created to read:

SB239,8,22 115.38 (1) (bm) The numbers of suspensions and expulsions; the reasons for which pupils are suspended or expelled, reported according to categories specified by the state superintendent; the length of time for which pupils are expelled, reported according to categories specified by the state superintendent; whether pupils return to school after their expulsions; the educational programs and services, if any, provided to pupils during their expulsions, reported according to categories specified by the state superintendent; the schools attended by pupils who are suspended or expelled; and the grade, sex and ethnicity of pupils who are suspended or expelled and whether the pupils are children with disabilities, as defined in s. 115.76 (5).

Note: Expands information related to pupil suspensions and expulsions that a school board must include in its school performance reports.

SB239, s. 9 Section 9. 115.455 of the statutes is created to read:

SB239,9,6 115.455 Grants for reducing violence and disruption. (1) A school board or board of control of a cooperative educational service agency may apply to the department for a grant under this section to implement a comprehensive prevention and intervention plan for reducing violence and disruption in schools. The application shall include all of the following:

SB239,9,10 (a) A plan to implement, in the school district or school districts, a comprehensive range of research-based prevention and intervention strategies to build positive relationships for youth with parents, schools, communities or other youth, or other research-based strategies, including any of the following:

SB239,9,12 1. Alternative educational programs and services for disruptive pupils or pupils who have been suspended or expelled.

SB239,9,13 2. Coordination with integrated services programs under s. 46.56.

SB239,9,14 3. Alternatives to suspension or expulsion.

SB239,9,15 4. Families and schools together programs as described in s. 115.361 (3) (a).

SB239,9,16 5. Before-school and after-school activities.

SB239,9,17 6. Conflict resolution.

SB239,9,19 7. Direct instruction programs or other research-based instruction programs whose skill development and cognition results equal those of direct instruction.

SB239,9,20 8. Mentoring programs for teachers in the management of classroom behavior.

SB239,9,25 9. Professional staff development classes on managing classrooms, identifying pupils who and situations that may become violent, preventing violence and identifying and communicating with those state and local agencies that can assist in providing services or responses to pupils and situations described in this subdivision.

SB239,10,2 (b) A description of how the success of the plan in reducing violence and disruption in school will be evaluated.

SB239,10,5 (c) A description of how activities funded by and funding received under the grant will be coordinated with activities funded by and funding received under any federal grants received for similar activities.

SB239,10,7 (d) A description of the persons who were involved in developing the plan and the programs or services with which activities under the plan will be coordinated.

SB239,10,11 (2) The department may not award a grant under this section to a school board or cooperative educational service agency unless the following persons are involved in developing the plan under sub. (1) and unless activities under the plan are coordinated with the programs and services of the following persons, as appropriate:

SB239,10,12 (a) Parents.

SB239,10,17 (b) The county departments responsible for human services, social services, mental health, alcohol and drug abuse services, developmental disabilities and child welfare services under ss. 46.21, 46.215, 46.22, 46.23, 48.56, 51.42 and 51.437 and personnel from the department of health and family services who are responsible for child welfare services in Milwaukee County, as provided in s. 48.561.

SB239,10,18 (c) Local public health agencies.

SB239,10,20 (d) Persons involved in administering or providing intervention services for children from birth to age 3 under s. 51.44 (5).

SB239,10,22 (e) Persons involved in administering or providing family preservation and family support services under 42 USC 629 to 629e.

SB239,10,24 (f) Persons involved in administering or providing integrated service programs for children with severe disabilities under s. 46.56.