AB637: Bill Text

AB637,47,13 301.46 (4) (a) 1. A public or private elementary or secondary school or a tribal school, as defined in s. 115.001 (16).

Note: Adds tribal schools to the list of those who may request information about persons on the sex offender registry.

AB637, s. 87 Section 87. 343.06 (1) (c) of the statutes is amended to read:

AB637,48,18 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools or tribal schools, as defined in s. 115.001 (16), which meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

Note: Allows an individual age 16 or 17 to obtain a driver's license if the individual has taken a driver training course at a tribal school if the course meets DPI minimum standards and all other license criteria are met. See s. 115.28 (11), stats., above, and s. 343.16 (1) (c) 3., stats., below.

AB637, s. 88 Section 88. 343.07 (5) of the statutes is amended to read:

AB637,49,3 343.07 (5) Definition. In this section, "qualified instructor" means a person employed by a public or private school or by a tribal school, as defined in s. 115.001 (16), holding an operator's license and meeting the teaching certification standards of the department of public instruction or the technical college system board to teach driver education, or an instructor of a school licensed under s. 343.61, or a teacher or student teacher in a driver education course for teachers conducted by an institution of higher education.

Note: Provides that an individual meeting certain credentials and employed by a tribal school is considered to be a qualified instructor to teach a driver education course for purposes of the state driver's license statutes.

AB637, s. 89 Section 89. 343.16 (1) (c) 3. of the statutes is amended to read:

AB637,49,7 343.16 (1) (c) 3. A course in driver education in nonpublic and private schools or tribal schools, as defined in s. 115.001 (16), that meets the minimum standards set by the department of public instruction.

Note: Permits an instructor of a driver education course in a tribal school to administer part of the driver's examination. See s. 343.06 (1) (c), stats., above.

AB637, s. 90 Section 90. 447.06 (2) (a) 2. of the statutes is amended to read:

AB637,49,10 447.06 (2) (a) 2. For a school board or a governing body of a private school or of a tribal school, as defined in s. 115.001 (16).

Note: Current law limits where a dental hygienist may practice. This provision additionally permits a dental hygienist to be employed at or independently contract with a tribal school.

AB637, s. 91 Section 91. 895.48 (1m) (intro.) of the statutes is amended to read:

AB637,50,2 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued a certificate under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (16), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

Note: Current law specifies, in pertinent part, that certain health care providers who render free health care at an athletic event at a private school are immune from liability for acts and omissions. The bill extends the immunity under state law if care is rendered at a tribal school's athletic event. Adding immunity under this provision also permits the health care provider who has been significantly exposed to the emergency victim to get the results of HIV tests.

AB637, s. 92 Section 92. 895.515 (2) of the statutes is amended to read:

AB637,50,12 895.515 (2) Any person engaged in the sale or use of commercial equipment or technology, for profit or not for profit, who donates any commercial equipment or technology to a public or private elementary or secondary school, a tribal school, as defined in s. 115.001 (16), or an institution of higher education or who accepts reimbursement in an amount not to exceed overhead and transportation costs for any commercial equipment or technology provided to a public or private elementary or secondary school, to a tribal school, or to an institution of higher education is immune from civil liability for the death of or injury to an individual caused by the commercial equipment or technology.

Note: Current law specifies, in pertinent part, that certain individuals who donate commercial equipment or technology to a private school are immune from civil liability under state law for death or injury caused by the donated equipment or technology. This amendment extends the immunity under state law if the donation is made to a tribal school.

AB637, s. 93 Section 93. 938.02 (18e) of the statutes is created to read:

AB637,50,14 938.02 (18e) "Tribal school" has the meaning given in s. 115.001 (16).

AB637, s. 94 Section 94. 938.34 (7d) (a) 5. of the statutes is created to read:

AB637,50,17 938.34 (7d) (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. 95 Section 95. 938.34 (7d) (c) of the statutes is amended to read:

AB637,51,6 938.34 (7d) (c) The court shall order the county department or licensed child welfare agency responsible for supervising the juvenile 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 juvenile, as necessary to assure the provision of appropriate educational services under par. (a).

Note: Under current law, a delinquency dispositional order, JIPS dispositional order, or a habitual truancy ordinance violation dispositional order may include an order that a juvenile 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 938.34 (7d) (a) 5., stats., specifies that the court is permitted to order a juvenile to attend a tribal school if the school district has a contract with the tribal school for such placements. Section 938.34 (7d) (c), stats., requires the court to order the supervising agency to disclose information to the tribal school necessary to assure the provision of appropriate educational services. Also see ss. 48.345 (12) (a) 5. and (c) and 121.78 (4), stats., above.

AB637, s. 96 Section 96. 938.34 (14t) of the statutes is amended to read:

AB637,52,3 938.34 (14t) Possession of a controlled substance or controlled substance analog on or near certain premises. If the juvenile is adjudicated delinquent under a violation of s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II under ch. 961, a controlled substance analog of a controlled substance included in schedule I or II under ch. 961 or ketamine or flunitrazepam while in or on the premises of a scattered-site public housing project, as defined in s. 961.01 (20i), while in or on or otherwise within 1,000 feet of a state, county, city, village, or town park, a jail or correctional facility, as defined in s. 961.01 (12m), a multiunit public housing project, as defined in s. 961.01 (14m), a swimming pool open to members of the public, a youth center, as defined in s. 961.01 (22), or a community center, while in or on or otherwise within 1,000 feet of any private, tribal, or public school premises, or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall require that the juvenile participate for 100 hours in a supervised work program or other community service work under sub. (5g).

Note: Current statutes provide that if a juvenile is adjudicated delinquent for possessing certain drugs on the premises of or within 1,000 feet of a school, the juvenile court must impose 100 hours of community service work for a public agency or a nonprofit charitable organization in addition to other penalties the court imposes. The bill specifies that the penalty enhancement also applies for possession on or within 1,000 feet of the premises of a tribal school.

AB637, s. 97 Section 97. 938.342 (1r) of the statutes is amended to read:

AB637,52,12 938.342 (1r) If school attendance under sub. (1d) (a) or (1g) (g) is a condition of an order under sub. (1d) or (1g), 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 person is enrolled, or shall request the governing body of the tribal school in which the person is enrolled, to notify the court or, if the person is under the supervision of an agency under sub. (1g) (j), the agency that is responsible for supervising the person within 5 days after any violation of the condition by the person.

Note: Under s. 938.342 (1d) (a) and (1g) (g), stats., a court that determined that a juvenile violated a school truancy or habitual truancy ordinance may order the juvenile to attend school. If school attendance is required, current law requires the court to order the school board or the governing body of a private school to notify the court within 5 days of a violation of this condition. The bill requires that the court order request that a tribal school do so.

AB637, s. 98 Section 98. 938.355 (2) (c) of the statutes is amended to read:

AB637,53,2 938.355 (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 juvenile is enrolled, or shall request the governing body of the tribal school in which the juvenile is enrolled, to notify the county department that is responsible for supervising the juvenile within 5 days after any violation of the condition by the juvenile.

Note: Under s. 938.355 (2) (b) 7., stats., a delinquency or JIPS dispositional order may state the conditions with which the juvenile 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 this condition. The bill requires that the court order request that a tribal school do so.

AB637, s. 99 Section 99. 938.396 (1), (1m), (1p) and (7) of the statutes are amended to read:

AB637,54,4 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t), (1x), or (5) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the public or private school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 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 juvenile 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. 48.396 (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 juveniles under ch. 938, stats. (juvenile justice 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.

AB637,55,2 (1m) (a) A law enforcement agency, on its own initiative or on At the request of the a school district administrator of a public school district, the, administrator of a private school, or administrator of a tribal school or the designee of the a school district administrator or the, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, private school administrator, or tribal school administrator or designee any information in its records relating to the use, possession, or distribution of alcohol or a controlled substance or controlled substance analog by a juvenile enrolled in the public school district or, private school, or tribal school. The information shall be used by the school district or private school as provided under s. 118.127 (2). The official agency policy shall specify that the information may not be provided to the administrator of a tribal school or the tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided under s. 118.127 (2).

AB637,55,16 (am) A law enforcement agency, on its own initiative or on At the request of the a school district administrator of a public school district, the, administrator of a private school, or administrator of a tribal school or the designee of the a school district administrator or the, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency, may, subject to official agency policy, provide to the school district administrator, private school administrator, or tribal school administrator or designee any information in its records relating to the illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10). The information shall be used by the school district or private school as provided in s. 118.127 (2). The official agency policy shall specify that the information may not be provided to the administrator of a tribal school or the tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided under s. 118.127 (2).

AB637,56,7 (ar) A law enforcement agency, on its own initiative or on At the request of the a school district administrator of a public school district, the, administrator of a private school, or administrator of a tribal school or the designee of the a school district administrator or the, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, private school administrator, or tribal school administrator or designee any information in its records relating to an act for which a juvenile enrolled in the school district or, private school, or tribal school was taken into custody under s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed a violation of any state or federal criminal law. The information shall be used by the school district or private school as provided in s. 118.127 (2). The official agency policy shall specify that the information may not be provided to the administrator of a tribal school or the tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided under s. 118.127 (2).

AB637,56,21 (b) A law enforcement agency, on its own initiative or on At the request of the a school district administrator of a public school district, the, administrator of a private school, or administrator of a tribal school or the designee of the a school district administrator or the, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, private school administrator, tribal school administrator, or designee any information in its records relating to the act for which a juvenile enrolled in the public school district or, private school, or tribal school was adjudged delinquent. The information shall be used by the school district or private school as provided in s. 118.127 (2). The official agency policy shall specify that the information may not be provided to the administrator of a tribal school or the tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided under s. 118.127 (2).

AB637,57,9 (c) On petition of a law enforcement agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without a court order under s. 118.125 (2) or (2m), for the purpose of investigating alleged delinquent or criminal activity, the court may order the school board of the school district, or the governing body of the private school, in which a juvenile is enrolled to disclose to the law enforcement agency the pupil records of that juvenile as necessary for the law enforcement agency to pursue its investigation. The court may request that the governing body of the tribal school in which a juvenile is enrolled disclose to the law enforcement agency the pupil records of that juvenile as necessary for the law enforcement agency to pursue its investigation. The law enforcement agency may use the pupil records only for the purpose of its investigation and may make the pupil records available only to employees of the law enforcement agency who are working on the investigation.

AB637,57,14 (1p) A law enforcement agency may enter into an interagency agreement with a school board, a private school, a tribal school, a social welfare agency, or another law enforcement agency providing for the routine disclosure of information under subs. (1) and (1m) to the school board, private school, tribal school, social welfare agency, or other law enforcement agency.

Note: Under current law, a law enforcement agency may, on its own initiative or on the request of a public or private school, disclose certain information to the public or private school. The school is then required to use the information as provided in s. 118.127 (2), stats., which generally prohibits disclosure except to certain individuals. The law enforcement agency may do so only subject to official agency policy. The bill permits a law enforcement agency to also disclose information to a tribal school but requires that the law enforcement agency policy specify that the law enforcement agency cannot provide information to a tribal school unless the governing body of the tribal school agrees that the information will be used by the tribal school in the same manner as public and private schools as provided under s. 118.127 (2)., stats., above.

The bill also permits a law enforcement agency to enter into an interagency agreement with a tribal school to disclose information under s. 938.396 (1) and (1m), stats.

AB637,58,9 (7) (a) Notwithstanding sub. (2) (a), if a petition under s. 938.12 or 938.13 (12) is filed alleging that a juvenile has committed a delinquent act that would be a felony if committed by an adult, the court clerk shall notify the school board of the school district, or the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the petition has been filed and the nature of the delinquent act alleged in the petition. Notwithstanding sub. (2) (a), if later the proceeding on the petition is closed, dismissed, or otherwise terminated without a finding that the juvenile has committed a delinquent act, the court clerk shall notify the school board of the school district or the governing body of the private school or tribal school in which the juvenile is enrolled or the school board's or governing body's designee that the proceeding has been terminated without a finding that the juvenile has committed a delinquent act.

AB637,58,17 (am) Notwithstanding sub. (2) (a) and subject to par. (b), if a juvenile is adjudged delinquent, within 5 days after the date on which the dispositional order is entered, the court clerk shall notify the school board of the school district, or the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile has been adjudicated delinquent, the nature of the violation committed by the juvenile, and the disposition imposed on the juvenile under s. 938.34 as a result of the violation.

AB637,59,2 (ar) Notwithstanding sub. (2) (a), if school attendance is a condition of a dispositional order under s. 938.342 (1d) or (1g) or 938.355 (2) (b) 7., within 5 days after the date on which the dispositional order is entered, the clerk of the court assigned to exercise jurisdiction under this chapter and ch. 48 or the clerk of the municipal court exercising jurisdiction under s. 938.17 (2) shall notify the school board of the school district, or the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile's school attendance is a condition of a dispositional order.

AB637,59,12 (b) If a juvenile is found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed by an adult and is adjudged delinquent on that basis, within 5 days after the date on which the dispositional order is entered the court clerk shall notify the school board of the school district, or the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile has been adjudicated delinquent on that basis, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under s. 938.34 as a result of that violation.

AB637,59,25 (bm) Notwithstanding sub. (2) (a), in addition to the disclosure made under par. (am) or (b), if a juvenile is adjudicated delinquent and as a result of the dispositional order is enrolled in a different school district or, private school, or tribal school from the school district or, private school , or tribal school in which the juvenile is enrolled at the time of the dispositional order, the court clerk, within 5 days after the date on which the dispositional order is entered, shall provide the school board of the juvenile's new school district, the governing body of the juvenile's new private school or tribal school, or the designee of the school board or governing body with the information specified in par. (am) or (b), whichever is applicable, and, in addition, shall notify that school board, governing body, or designee of whether the juvenile has been adjudicated delinquent previously by that court, the nature of any previous violations committed by the juvenile and the dispositions imposed on the juvenile under s. 938.34 as a result of those previous violations.

AB637,61,7 (c) No information from the juvenile's court records, other than information disclosed under par. (a), (am), (ar), (b), or (bm), may be disclosed to the school board of the school district, or the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body except by order of the court. Any information provided under this subsection to the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body shall be disclosed by the school board, governing body, or designee to employees of the school district or private school who work directly with the juvenile or who have been determined by the school board, governing body, or designee to have legitimate educational interests, including safety interests, in the information. A school district or private school employee to whom information is disclosed under this paragraph may not further disclose the information. If information is disclosed to the governing body of a tribal school under this subsection, the court shall request that the governing body or its designee disclose the information to employees who work directly with the juvenile or who have been determined by the governing body or its designee to have legitimate educational interests, including safety interests, in the information, and shall further request that the governing body prohibit any employee to whom information is disclosed under this paragraph from further disclosing the information. A school board may not use any information provided under this subsection as the sole basis for expelling or suspending a juvenile or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against the juvenile. A member of a school board or of the governing body of a private school or tribal school or an employee of a school district or, private school, or tribal school may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employee acted with actual malice in failing to disclose the information. A school district or, private school, or tribal school may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district, private school, or tribal school, or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.

Note: Under current law, juvenile court records relating to ch. 938 proceedings are confidential unless an exception is specified in the statutes. Those exceptions include a requirement that the clerk of juvenile court notify the school board of the school district or the governing body of a private school, or their designee, of certain matters relating to a juvenile delinquency or JIPS proceeding or adjudication. The bill additionally requires that the clerk notify the governing body of a tribal school, or its designee, of those matters.

Current law requires that the school board or governing body of a private school disclose this information to employees who work directly with the juvenile or who have been determined by the governing body, or its designee, to have legitimate educational interests, including safety interests, in the information. Current law prohibits the employee from further disclosing this information. The bill requires the court to request that the governing body of a tribal school, or its designee, disclose the information to those employees and request that the governing body prohibit those employees from further disclosing the information. The bill extends the immunity protections under state law to employees of the tribal school.

Extending the immunity protections to employees of the tribal school does not affect whatever right tribal school employees have to raise a defense of tribal sovereign immunity if sued for redisclosure of the information.

AB637, s. 100 Section 100. 938.78 (2) (b) of the statutes is amended to read:

AB637,62,10 938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a public school district, 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. 48.78. 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.

AB637,62,15 1m. An agency may enter into an interagency agreement with a school board, a private school, a tribal school, a law enforcement agency, or another social welfare agency providing for the routine disclosure of information under subd. 1. to the school board, private school, tribal school, law enforcement agency, or other social welfare agency.

AB637,63,2 2. On petition of an agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without court order under s. 118.125 (2) or (2m), for the purpose of providing treatment or care for an individual in the care or legal custody of the agency, the court may order the school board of the school district, or the governing body of the private school, in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The court may request the governing body of the tribal school in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The agency may use the pupil records only for the purpose of providing treatment or care and may make the pupil records available only to employees of the agency who are providing treatment or care for the individual.

Note: Section 938.78, stats., provides that, subject to certain exceptions, the Department of Corrections, a county department of human services or county department of social services, or a licensed child welfare agency (collectively referred to as agency) must keep its ch. 938 records confidential. Section 938.78 (2) (b), stats., provides the exception that 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 a tribal school 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. The bill also permits interagency agreements for the disclosure of information to include tribal schools and permits the court to request a tribal school to disclose information necessary for the agency to provide care and treatment.

AB637, s. 101 Section 101. 939.632 (1) (a) and (d) 3. of the statutes are amended to read:

AB637,63,8 939.632 (1) (a) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (16), that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

AB637,63,11 (d) 3. On a school bus or public transportation transporting students to and from a public or private school or to and from a tribal school, as defined in s. 115.001 (16).

Note: Current statutes provide an enhanced penalty for violent crimes committed in a school zone, which includes on the premises of or within 1,000 feet of the school premises, on a school bus or public transportation transporting pupils to and from school, and at school bus stops. The bill adds tribal schools to the definition of a "school" for the purpose of the penalty enhancement.

AB637, s. 102 Section 102. 944.21 (8) (b) 2. of the statutes is amended to read:

AB637,63,14 944.21 (8) (b) 2. A private school, as defined in s. 115.001 (3r), or a tribal school, as defined in s. 115.001 (16).

Note: Provides that an employee, member of the board of directors, or trustee of a tribal school, while in his or her capacity as such, may not be prosecuted under s. 944.21, stats. (crimes relating to obscene materials or performance).

AB637, s. 103 Section 103. 948.095 (1) (a) of the statutes is amended to read:

AB637,64,3 948.095 (1) (a) "School" means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001 (16).

Note: Current statutes provide that it is a Class H felony for school staff at a public or private school to have sexual contact or sexual intercourse with a child who is age 16 or older. (If school staff are not involved, it is a class A misdemeanor to have sexual intercourse with a child age 16 or older.) The bill adds tribal schools to the definition of "school" for this purpose.

AB637, s. 104 Section 104. 948.11 (4) (b) 2. of the statutes is amended to read:

AB637,64,6 948.11 (4) (b) 2. A private school, as defined in s. 115.001 (3r), or a tribal school, as defined in s. 115.001 (16).

Note: Provides that an employee, member of the board of directors, or trustee of a tribal school, while in his or her capacity as such, may not be prosecuted under s. 948.11, stats. (crimes relating to exposing a child to harmful material or harmful descriptions or narrations).

AB637, s. 105 Section 105. 948.50 (2) (a) of the statutes is amended to read:

AB637,64,12 948.50 (2) (a) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (16), which provides an educational program for one or more grades between kindergarten and grade 12 and which is commonly known as a kindergarten, elementary school, middle school, junior high school, senior high school, or high school.

Note: Current statutes provide a criminal penalty for strip searches of pupils by school employees. The bill adds tribal schools to the definition of school for this purpose. (Section 118.32, stats. (prohibiting strip searches), refers to schools without further definition, and the definition is supplied by s. 948.50, stats.)

AB637, s. 106 Section 106. 948.61 (1) (b) of the statutes is amended to read:

AB637,64,18 948.61 (1) (b) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (16), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

Note: Current law in s. 948.61, stats., provides a criminal penalty for possessing certain dangerous weapons other than firearms on school premises. Current law in s. 948.605, stats., prohibits possession of a firearm in or on the grounds of a school or within 1,000 feet of a school (school zone) and provides certain criminal penalties under certain circumstances for the discharge of a firearm in a school zone. The bill adds tribal schools to the definition of "school" for both of these statutes inasmuch as s. 948.605, stats., cross-references the definition in s. 948.61, stats. Under s. 938.34 (14q), stats., additional consequences for a delinquency disposition also may apply for firearms violation on school premises. Under s. 973.135, stats., information about a conviction must be forwarded to DOT.

AB637, s. 107 Section 107. 961.49 (1m) (b) 6. of the statutes, as affected by 2005 Wisconsin Act 14, is amended to read:

AB637,65,4 961.49 (1m) (b) 6. Any private or public school premises and any premises of a tribal school, as defined in s. 115.001 (16).

Note: Current statutes provide a criminal penalty for possessing controlled substances (certain drugs) on or within 1,000 feet of a school. The bill specifies that possession on or within 1,000 feet of the premises of a tribal school is included in that crime.

AB637, s. 108 Section 108. 961.495 of the statutes is amended to read:

AB637,66,6 961.495 Possession or attempted possession of a controlled substance on or near certain places. If any person violates s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II, a controlled substance analog of a controlled substance included in schedule I or II or ketamine or flunitrazepam while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village, or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or of any premises of a tribal school, as defined in s. 115.001 (16), or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

Note: Current statutes provide that for possessing certain drugs on the premises of or within 1,000 feet of a school, the court must additionally impose 100 hours of community service work for a public agency or a nonprofit charitable organization. The bill specifies that the penalty enhancement also applies for possession on or within 1,000 feet of the premises of a tribal school.