Amendment ASA1-AB760

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2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2003 ASSEMBLY BILL 760

March 10, 2004 - Offered by Representatives Olsen and Pope-Roberts.

AB760-ASA1,1,4 An Act to amend 118.164 (2), 118.164 (3) (a) (intro.), 118.164 (3) (a) 4., 118.164 (3) (b), 120.13 (1) (a) 1., 120.13 (1) (a) 2., 120.13 (1) (a) 3. and 120.13 (1) (a) 4.; and to create 118.164 (4) of the statutes; relating to: removal of a pupil from class, from any portion of school property, or from a school-sponsored activity.

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

AB760-ASA1, s. 1 Section 1. 118.164 (2) of the statutes is amended to read:

AB760-ASA1,2,7 118.164 (2) Subject to 20 USC 1415 (k) and beginning August 1, 1999, a teacher may remove a pupil from the teacher's class if the pupil violates the code of classroom conduct adopted under s. 120.13 (1) (a) or is dangerous, unruly or disruptive or exhibits behavior that interferes with the ability of the teacher to teach effectively as specified in the code of classroom conduct. Subject to 20 USC 1415 (k), an individual employed by the school district as a teacher's assistant may remove a pupil from class if the pupil violates the code of classroom conduct adopted under s. 120.13 (1) (a); is dangerous, unruly, or disruptive; or exhibits behavior that interferes with the ability of the teacher's assistant to perform his or her job effectively. The teacher or teacher's assistant shall send the pupil to the school principal or his or her designee and notify the school principal or his or her designee immediately of the reasons for the removal. In addition, the teacher or teacher's assistant shall provide to the principal or his or her designee within 24 hours after the pupil's removal from the class a written explanation of the reasons for the removal.

AB760-ASA1, s. 2 Section 2. 118.164 (3) (a) (intro.) of the statutes is amended to read:

AB760-ASA1,2,10 118.164 (3) (a) (intro.) The school principal or his or her designee shall place the a pupil who has been removed from class under sub. (2) in one of the following:

AB760-ASA1, s. 3 Section 3. 118.164 (3) (a) 4. of the statutes is amended to read:

AB760-ASA1,2,16 118.164 (3) (a) 4. The class from which the pupil was removed if, after weighing the interests of the removed pupil, the other pupils in the class and, the teacher, and the teacher's assistant if the teacher's assistant removed the pupil, the school principal or his or her designee determines that readmission to the class is the best or only alternative.

AB760-ASA1, s. 4 Section 4. 118.164 (3) (b) of the statutes is amended to read:

AB760-ASA1,2,20 118.164 (3) (b) This subsection does not prohibit the teacher or teacher's assistant who removed the pupil from the class or the school board, school district administrator, school principal, or their designees from disciplining the pupil.

AB760-ASA1, s. 5 Section 5. 118.164 (4) of the statutes is created to read:

AB760-ASA1,3,6 118.164 (4) (a) Subject to 20 USC 1415 (k), a school employee may remove a pupil from any portion of school property or from a school-sponsored activity that is supervised by the school employee, other than from a class under sub. (2), if the pupil is dangerous, unruly, or disruptive or exhibits behavior that interferes with the ability of the school employee to perform his or her job effectively or if there are other grounds for removal, as specified in the code of classroom conduct under s. 120.13 (1) (a) 2. The school employee may send the pupil to the school principal or his or her designee. As soon as feasible, the school employee shall notify the school principal or his or her designee of the removal and provide the principal or designee with an explanation of the reasons for the removal.

AB760-ASA1,3,10 (b) This subsection does not prohibit the school employee who removed the pupil from school property or a school-sponsored activity or the school board, school district administrator, school principal, or their designees from disciplining the pupil.

AB760-ASA1, s. 6 Section 6. 120.13 (1) (a) 1. of the statutes is amended to read:

AB760-ASA1,3,16 120.13 (1) (a) 1. A specification of what constitutes dangerous, disruptive, or unruly behavior or; behavior that interferes with the ability of the teacher to teach effectively or a teacher's assistant to perform his or her job effectively under s. 118.164 (2); and behavior that interferes with the ability of a school employee to perform his or her job effectively under s. 118.164 (4).

AB760-ASA1, s. 7 Section 7. 120.13 (1) (a) 2. of the statutes is amended to read:

AB760-ASA1,3,20 120.13 (1) (a) 2. Any grounds in addition to those under subd. 1. for the removal of a pupil from the class under s. 118.164 (2) or from school property or a school-sponsored activity under s. 118.164 (4).

AB760-ASA1, s. 8 Section 8. 120.13 (1) (a) 3. of the statutes is amended to read:

AB760-ASA1,3,24 120.13 (1) (a) 3. The procedures for determining the appropriate educational placement of a pupil who has been removed from the class and assigned a placement by the school principal or his or her designee under s. 118.164 (2).

AB760-ASA1, s. 9 Section 9. 120.13 (1) (a) 4. of the statutes is amended to read:

AB760-ASA1,4,3 120.13 (1) (a) 4. A procedure for notifying the parent or guardian of a minor pupil who has been removed from the class under s. 118.164 (2) or removed from school property or a school-sponsored activity under s. 118.164 (4).

AB760-ASA1,4,4 (End)