AB637: Bill Text

Note: The Educational Communications Board has 16 members who, with limited exceptions not applicable to this provision, are nominated by the Governor and confirmed by the Senate. This provision permits the Governor to nominate a representative who may represent either a tribal school or private school.

AB637, s. 6 Section 6 . 16.971 (15) of the statutes is amended to read:

AB637,7,3 16.971 (15) Provide private schools and tribal schools, as defined in s. 115.001 (16), with telecommunications access under s. 16.997 and contract with telecommunications providers to provide that access.

Note: Requires the Department of Administration (DOA) to include tribal schools in the Educational Telecommunication Access Program under s. 16.997, stats., which provides access to data lines and video links under certain conditions to certain educational agencies (including private schools) at certain costs. This program is the part of the Technology for Educational Achievement (TEACH) program that applies to private schools.

AB637, s. 7 Section 7 . 16.972 (1) (cm) of the statutes is created to read:

AB637,7,6 16.972 (1) (cm) "Qualified tribal school" means a tribal school as defined in s. 115.001 (16).

AB637, s. 8 Section 8 . 16.972 (2) (b) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

AB637,8,3 16.972 (2) (b) Except as provided in par. (a), provide such computer services and telecommunications services to local governmental units and the broadcasting corporation and provide such telecommunications services to qualified private schools, tribal schools, postsecondary institutions, museums, and zoos, as the department considers to be appropriate and as the department can efficiently and economically provide. The department may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The department may charge local governmental units, the broadcasting corporation, and qualified private schools, tribal schools, postsecondary institutions, museums, and zoos, for services provided to them under this paragraph in accordance with a methodology determined by the department. Use of telecommunications services by a qualified private school, tribal school, or postsecondary institution shall be subject to the same terms and conditions that apply to a municipality using the same services. The department shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.

AB637, s. 9 Section 9 . 16.974 (2) and (3) of the statutes are amended to read:

AB637,8,10 16.974 (2) Subject to s. 16.972 (2) (b), enter into and enforce an agreement with any agency, any authority, any unit of the federal government, any local governmental unit, or any entity in the private sector , or any tribal school, as defined in s. 115.001 (16), to provide services authorized to be provided by the department to that agency, authority, unit, or entity, or tribal school at a cost specified in the agreement.

AB637,8,24 (3) Develop or operate and maintain any system or device facilitating Internet or telephone access to information about programs of agencies, authorities, local governmental units, or entities in the private sector, or any tribal schools, as defined in s. 115.001 (16), or otherwise permitting the transaction of business by agencies, authorities, local governmental units, or entities in the private sector, or tribal schools by means of electronic communication. The department may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of systems or devices relating to information technology or telecommunications that are developed, operated, or maintained under this subsection in accordance with a methodology determined by the department. The department may also charge any agency, authority, local governmental unit, or entity in the private sector , or tribal school for such costs as a component of any services provided by the department to that agency, authority, local governmental unit, or entity, or tribal school.

Note: Sections 7, 8 , and 9 permit DOA to provide telecommunications services to tribal schools that DOA considers appropriate and charge for such services. Also see s. 20.505 (1) (is), stats., below.

AB637, s. 10 Section 10. 16.9785 of the statutes is amended to read:

AB637,9,8 16.9785 Purchases of computers by teachers. The department shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in s. 24.60 (1r), by public and, private, and tribal elementary and secondary school teachers for their private use. The department shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.

Note: Includes tribal school teachers in the DOA program to facilitate the purchase of computers by school teachers.

AB637, s. 11 Section 11. 16.99 (2g) of the statutes is amended to read:

AB637,9,15 16.99 (2g) "Educational agency" means a school district, charter school sponsor, secured correctional facility, private school, tribal school, as defined in s. 115.001 (16), cooperative educational service agency, technical college district, private college, public library system, public library board, public museum, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing.

Note: Includes tribal schools under the Educational Telecommunications Access Program which is part of the TEACH program. See s. 16.971 (15), stats., above.

AB637, s. 12 Section 12. 20.505 (1) (is) of the statutes is amended to read:

AB637,9,20 20.505 (1) (is) Information technology and communications services; nonstate entities. From the sources specified in ss. 16.972 (2) (b) and (c), 16.974 (2) and (3), and 16.997 (2) (d), to provide computer, telecommunications, electronic communications, and supercomputer services to state authorities, units of the federal government, local governmental units, tribal schools, and entities in the private sector, the amounts in the schedule.

Note: Amends the appropriation to DOA for technology and communications services provided to tribal schools to reflect the amendment to ss. 16.972 (2) (b) and 16.974 (2) and (3), stats., above.

AB637, s. 13 Section 13. 27.01 (7) (c) 10. of the statutes is amended to read:

AB637,10,14 27.01 (7) (c) 10. Any motor vehicle operated for the purpose of transporting pupils to or from curricular or extracurricular activities of a public or private school or, a home-based private educational program under s. 118.15 (4), or a tribal school, as defined in s. 115.001 (16). The operator of a motor vehicle transporting pupils under this subdivision shall possess and exhibit for inspection a written authorization from an administrator of the school or home-based private educational program indicating that admission to the vehicle admission area is part of an official school or home-based private educational program function and indicating the date for which the authorization is applicable. A separate authorization is required for each date on which the motor vehicle is admitted to the vehicle admission area under this subdivision.

Note: Exempts a motor vehicle transporting tribal school pupils to a state park or recreational area from the requirement to display a state park admission receipt.

AB637, s. 14 Section 14. 28.06 (1) of the statutes is amended to read:

AB637,10,20 28.06 (1) Limitation. Only planting stock of species and sizes suitable for forest and woodlot planting and for planting by school pupils, including pupils at a tribal school, as defined in s. 115.001 (16), to celebrate arbor day under s. 118.025 shall be produced in state forest nurseries. The department may employ labor at prevailing local wages for nursery operation or reforestation.

Note: Current law provides that the state forest nurseries may plant stock suitable for planting by school pupils to celebrate arbor day and authorizes distribution of the stock for arbor day plantings by school pupils. The bill specifies that tribal school pupils are included.

AB637, s. 15 Section 15. 29.301 (1) (a) of the statutes is amended to read:

AB637,11,4 29.301 (1) (a) In this subsection, "school" means a public or private elementary or secondary school, including a charter school, a tribal school, as defined in s. 115.001 (16), or a technical college.

Note: Adds tribal school to the definition of "school" that is used in s. 29.301 (1) (b), stats., which prohibits hunting within 1,700 feet of certain facilities, including a school.

AB637, s. 16 Section 16. 30.74 (1) (a) of the statutes is amended to read:

AB637,11,11 30.74 (1) (a) The department shall create comprehensive courses on boating safety and operation. These courses shall be offered in cooperation with schools, including tribal schools, as defined in s. 115.001 (16), private clubs and organizations, and may be offered by the department in areas where requested and where other sponsorship is unavailable. The department shall issue certificates to persons 10 years of age or older successfully completing such courses.

Note: Requires the Department of Natural Resources to create boating safety courses and offer them in cooperation with, among others, schools, including tribal schools.

AB637, s. 17 Section 17. 36.11 (36m) of the statutes is amended to read:

AB637,11,19 36.11 (36m) 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, tribal schools, as defined in s. 115.001 (16), and the department of public instruction to present to school districts and , private schools, and tribal 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: Requires the Board of Regents of the University of Wisconsin (UW) System to direct the UW schools of education to work with tribal schools, among others, on researching improving school safety and reducing school discipline problems and to share with tribal schools the results of such research.

AB637, s. 18 Section 18. 38.001 (3) (a) of the statutes is amended to read:

AB637,12,5 38.001 (3) (a) 1. Contract with secondary schools, including tribal schools, to provide educational opportunities for high school age students in order to enhance their potential for benefiting from postsecondary education and for obtaining employment.

AB637,12,8 2. Coordinate and cooperate with secondary schools, including tribal schools, to facilitate the transition of secondary school students into postsecondary technical college education through curriculum articulation and collaboration.

Note: Provides that the purposes of the Technical College System include contracting, coordinating, and cooperating with tribal schools.

AB637, s. 19 Section 19. 38.01 (9m) of the statutes is created to read:

AB637,12,10 38.01 (9m) "Tribal school" has the meaning given in s. 115.001 (16).

AB637, s. 20 Section 20. 38.04 (27) of the statutes is amended to read:

AB637,12,17 38.04 (27) School safety. The board shall work with schools of education and other departments of the University of Wisconsin System under s. 36.11 (36m), school districts, private schools, tribal schools, and the department of public instruction to present to school districts and, private schools, and tribal 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: Requires the Technical College System Board to additionally work with tribal schools on researching improving school safety and reducing school discipline problems and to share with tribal schools the results of such research.

AB637, s. 21 Section 21. 38.14 (3) (a) and (bm) of the statutes are amended to read:

AB637,12,21 38.14 (3) (a) The district board may enter into contracts to provide educational services to public and private educational institutions, tribal schools, federal and state agencies, local governmental bodies, industries, and businesses.

AB637,13,3 (bm) The district board may enter into contracts to provide fiscal and management services to public and private educational institutions, tribal schools, federal and state agencies, and local governmental units.

Note: Authorizes a technical college system district board to contract with tribal schools, among others, to provide educational services or fiscal and management services.

AB637, s. 22 Section 22 . 39.41 (1) (bm) of the statutes is amended to read:

AB637,13,8 39.41 (1) (bm) "Senior" means a pupil enrolled in the 12th grade in a public or private high school, a tribal school, the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the school operated by the Wisconsin Center for the Blind and Visually Impaired.

AB637, s. 23 Section 23 . 39.41 (1) (c) of the statutes is created to read:

AB637,13,10 39.41 (1) (c) "Tribal school" has the meaning given in s. 115.001 (16).

AB637, s. 24 Section 24 . 39.41 (1m) (a) (intro.), (b), (c) 4. and 5., (e), (em), (g) and (j) of the statutes are amended to read:

AB637,13,15 39.41 (1m) (a) (intro.) Subject to par. (d), by February 15 of each school year, the school board of each school district operating one or more high schools and the governing body of each private high school and of each tribal high school shall:

AB637,13,21 (b) By February 15 of each school year, the school board of each school district operating one or more high schools and the governing body of each private high school and of each tribal high school may, for each high school with an enrollment of less than 80 pupils, nominate the senior with the highest grade point average in all subjects who may be designated as a scholar by the executive secretary under par. (c) 3.

AB637,14,2 (c) 4. For each public or, private, or tribal high school with an enrollment of at least 80 pupils, notify the school board of the school district operating the public high school or the governing body of the private or tribal high school of the number of scholars to be designated under par. (a).

AB637,14,7 5. For each public or, private, or tribal high school with an enrollment of less than 80 pupils, notify the school board of the school district operating the public high school or the governing body of the private or tribal high school that the school board or governing body may nominate a senior under par. (b) who may be designated as a scholar by the executive secretary.

AB637,14,21 (e) Except as provided under par. (em), if 2 or more seniors from the same high school of less than 80 pupils have the same grade point average and, except for the limitation of one nominated senior, are otherwise eligible for nomination under par. (b), the faculty of the high school shall select the senior who may be nominated by the school board of the school district operating the public high school or the governing body of the private or tribal high school for designation under par. (b) as a scholar by the executive secretary. If that senior is designated as a scholar by the executive secretary and does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), faculty of the high school shall select one or more of the remaining seniors with the same grade point average for certification as a scholar and the school board of the school district operating the high school or the governing body of the private or tribal high school shall certify to the board one or more of these seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.

AB637,15,6 (em) If the high school weights different courses differently to determine a pupil's grade point average, and the senior designated as a scholar by the executive secretary under par. (e) does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), the faculty of the high school shall select one senior with the same grade point average for certification as a scholar, or, if there is no senior with the same grade point average, one senior with the next highest grade point average for certification as a scholar, and the school board of the school district operating the high school or the governing body of the private or tribal high school shall certify to the board the selected senior as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.

AB637,15,15 (g) Notwithstanding par. (a), if a high school of at least 80 pupils closes or merges in the 1991-92 school year or in any school year thereafter, the school board of the school district operating the high school or the governing body of the private or tribal high school shall, subject to par. (d), for each of the 2 school years following the closure or merger, designate the same number of scholars from among the pupils enrolled in the high school at the time of closure or merger as the number of scholars designated for that high school in the school year the high school closed or merged. Any seniors designated under this paragraph shall be eligible for an original scholarship under this section.

AB637,15,20 (j) In the event that 2 or more seniors from the same high school of at least 80 pupils have the same grade point average and are otherwise eligible for designation under par. (a), the school board of the school district operating the high school or the governing body of the private or tribal high school shall make the designation of the faculty of the high school for purposes of par. (d) or (i).

Note: Sections 22 , 23, and 24 include seniors at a tribal high school in the Academic Excellence Higher Education Scholarships Program that provides certain seniors with academic scholarships at the UW, technical college, or participating private institutions of higher education.

AB637, s. 25 Section 25. 45.396 (2) of the statutes is amended to read:

AB637,16,14 45.396 (2) Any veteran upon the completion of any correspondence course or part-time classroom study from an institution of higher education located in this state, from a school that is approved under s. 45.35 (9m), from a proprietary school that is approved under s. 45.54, or from any public or private high school, or from any tribal school, as defined in s. 115.001 (16), that operates high school grades may be reimbursed in part for the cost of the course by the department upon presentation to the department of a certificate from the school indicating that the veteran has completed the course and stating the cost of the course and upon application for reimbursement completed by the veteran and received by the department no later than 60 days after the termination of the course for which the application for reimbursement is made. The department shall accept and process an application received more than 60 days after the termination of the course if the applicant shows good cause for the delayed receipt. The department may not require that an application be received sooner than 60 days after a course is completed. Benefits granted under this section shall be paid out of the appropriation under s. 20.485 (2) (th).

Note: Provides that a veteran is eligible for reimbursement for a course taken at a tribal high school under certain circumstances.

AB637, s. 26 Section 26. 46.275 (3r) (a) 3. of the statutes is amended to read:

AB637,16,19 46.275 (3r) (a) 3. The person will be relocated into the home of the person's parent or guardian and will be receiving state monitoring of the relocation and services provided by a public or private school or a tribal school, as defined in s. 115.001 (16).

Note: Current law permits the Department of Health and Family Services (DHFS) to relocate a resident of a state center for the developmentally disabled to the community without county participation under certain circumstances, including the circumstance in s. 46.275 (3r) (a) 3., stats., which is amended to include a tribal school.

AB637, s. 27 Section 27. 48.02 (18m) of the statutes is created to read:

AB637,16,21 48.02 (18m) "Tribal school" has the meaning given in s. 115.001 (16).

AB637, s. 28 Section 28. 48.345 (12) (a) 5. of the statutes is created to read:

AB637,17,3 48.345 (12) (a) 5. Pursuant to a contractual agreement with the school district in which the child resides, an educational program provided by a tribal school.

AB637, s. 29 Section 29. 48.345 (12) (c) of the statutes is amended to read:

AB637,17,11 48.345 (12) (c) The judge shall order the county department, department, in a county having a population of 500,000 or more, or licensed child welfare agency responsible for supervising the child to disclose to the school board, technical college district board, tribal school, or private, nonprofit, nonsectarian agency which is providing an educational program under par. (a) 3. records or information about the child, as necessary to assure the provision of appropriate educational services under par. (a).

Note: Under current law, a child in need of protection or services (CHIPS) dispositional order may include an order that a child attend an educational program provided by the school district or one of several programs under contract with the school district. Current law does not include a tribal school.

Section 48.345 (12) (a) 5., stats., specifies that the court is permitted to order a child to attend a tribal school if the school district has a contract with the tribal school for such placements. Section 48.345 (12) (c), stats., is amended to require the court to order the supervising agency to disclose information to the tribal school necessary to assure appropriate educational services in such cases. Also see ss. 121.78 (4) and 938.34 (7d) (a) 5. and (c), stats., below.

AB637, s. 30 Section 30. 48.355 (2) (c) of the statutes is amended to read:

AB637,17,19 48.355 (2) (c) If school attendance is a condition of an order under par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district, or the governing body of the private school, in which the child is enrolled, or shall request the governing body of the tribal school in which the child is enrolled, to notify the county department that is responsible for supervising the child or, in a county having a population of 500,000 or more, the department within 5 days after any violation of the condition by the child.

Note: Under s. 48.355 (2) (b) 7., stats., a CHIPS dispositional order may state the conditions with which the child must comply. If school attendance is a condition, current law requires that the order direct the school board or the governing body of a private school to notify the court within 5 days of a violation of the condition. The bill requires that the court order request that a tribal school do so.

AB637, s. 31 Section 31. 48.396 (1) of the statutes is amended to read:

AB637,19,3 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the public or private school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. This subsection does not apply to the confidential exchange of information between the police and officials of the tribal school attended by the child if the police determine that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

Note: Current law provides that the subsection which specifies that, subject to certain exceptions, law enforcement records relating to children under ch. 48 (the children's code) are confidential does not apply to the confidential exchange of information between the police and school officials. Current law further requires that public school officials who obtain information under this provision keep the information confidential as required in s. 118.125, stats. (relating to the confidentiality of pupil records). Current law also requires that private school officials who obtain information under this provision keep the information confidential in the same manner as is required of a public school official. The bill permits the police to confidentially exchange information with tribal school officials if the police determine that a tribal school policy or tribal law provides enforceable protections that require tribal school officials to keep the information confidential in a manner at least as stringent as is required of public and private school officials.

AB637, s. 32 Section 32. 48.65 (2) (b) of the statutes is amended to read:

AB637,19,5 48.65 (2) (b) A public or parochial school or a tribal school.

Note: The day care license statute requires that, with certain exceptions, a facility that provides care for 4 or more children under the age of 7 must obtain a day care center license. Because the day care license statute is a state civil regulatory law, it is not clear that this statute applies to a facility operated by a tribe or tribal member on a reservation or off-reservation trust land, although a tribe or tribal member may choose to obtain a license. In the event a court interprets the day care license statute as applying to a tribe or tribal member, the bill makes clear that a tribal school is not subject to this statute.

AB637, s. 33 Section 33. 48.78 (2) (b) of the statutes is amended to read:

AB637,20,8 48.78 (2) (b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, a public school, or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125. Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125.

Note: Section 48.78 (2) (a), stats., provides that, subject to certain exceptions, DHFS, a county department of human services or county department of social services, a licensed child welfare agency, or a licensed day care center (collectively referred to as agency) must keep its records relating to children under ch. 48, stats., confidential. Section 48.78 (2) (b), stats., provides an exception and permits the confidential exchange of information with a public or private school which is then required to keep the information confidential if required to do so under the pupil records statute. The bill permits an agency to confidentially exchange information with tribal school officials if the agency determines that a tribal school policy or tribal law provides enforceable protections that require tribal school officials to keep the information confidential in a manner at least as stringent as is required of public and private school officials.