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
19Section
88. 343.07 (5) of the statutes is amended to read:
AB637,49,320
343.07
(5) Definition. In this section, "qualified instructor" means a person
21employed by a public or private school
or by a tribal school, as defined in s. 115.001
22(16), holding an operator's license and meeting the teaching certification standards
23of the department of public instruction or the technical college system board to teach
1driver education, or an instructor of a school licensed under s. 343.61, or a teacher
2or student teacher in a driver education course for teachers conducted by an
3institution 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
4Section
89. 343.16 (1) (c) 3. of the statutes is amended to read:
AB637,49,75
343.16
(1) (c) 3. A course in driver education in nonpublic and private schools
6or tribal schools, as defined in s. 115.001 (16), that meets the minimum standards
7set 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
8Section
90. 447.06 (2) (a) 2. of the statutes is amended to read:
AB637,49,109
447.06
(2) (a) 2. For a school board or a governing body of a private school
or
10of 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
11Section
91. 895.48 (1m) (intro.) of the statutes is amended to read:
AB637,50,212
895.48
(1m) (intro.) Any physician or athletic trainer licensed under ch. 448,
13chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency
14medical technician licensed under s. 146.50, first responder certified under s. 146.50
15(8), physician assistant licensed under ch. 448, registered nurse licensed under ch.
16441, or a massage therapist or bodyworker issued a certificate under ch. 460 who
17renders voluntary health care to a participant in an athletic event or contest
18sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school,
19as defined in s. 115.001 (3r),
a tribal school, as defined in s. 115.001 (16), a public
20agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is
1immune from civil liability for his or her acts or omissions in rendering that care if
2all 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
3Section
92. 895.515 (2) of the statutes is amended to read:
AB637,50,124
895.515
(2) Any person engaged in the sale or use of commercial equipment or
5technology, for profit or not for profit, who donates any commercial equipment or
6technology to a public or private elementary or secondary school
, a tribal school, as
7defined in s. 115.001 (16), or an institution of higher education or who accepts
8reimbursement in an amount not to exceed overhead and transportation costs for any
9commercial equipment or technology provided to a public or private elementary or
10secondary school
, to a tribal school, or to an institution of higher education is immune
11from civil liability for the death of or injury to an individual caused by the commercial
12equipment 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
13Section
93. 938.02 (18e) of the statutes is created to read:
AB637,50,1414
938.02
(18e) "Tribal school" has the meaning given in s. 115.001 (16).
AB637, s. 94
15Section
94. 938.34 (7d) (a) 5. of the statutes is created to read:
AB637,50,1716
938.34
(7d) (a) 5. Pursuant to a contractual agreement with the school district
17in which the child resides, an educational program provided by a tribal school.
AB637, s. 95
18Section
95. 938.34 (7d) (c) of the statutes is amended to read:
AB637,51,6
1938.34
(7d) (c) The court shall order the county department or licensed child
2welfare agency responsible for supervising the juvenile to disclose to the school
3board, technical college district board
, tribal school, or private, nonprofit,
4nonsectarian agency which is providing an educational program under par. (a) 3.
5records or information about the juvenile, as necessary to assure the provision of
6appropriate 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
7Section
96. 938.34 (14t) of the statutes is amended to read:
AB637,52,38
938.34
(14t) Possession of a controlled substance or controlled substance
9analog on or near certain premises. If the juvenile is adjudicated delinquent under
10a violation of s. 961.41 (3g) by possessing or attempting to possess a controlled
11substance included in schedule I or II under ch. 961, a controlled substance analog
12of a controlled substance included in schedule I or II under ch. 961 or ketamine or
13flunitrazepam while in or on the premises of a scattered-site public housing project,
14as defined in s. 961.01 (20i), while in or on or otherwise within 1,000 feet of a state,
15county, city, village
, or town park, a jail or correctional facility, as defined in s. 961.01
16(12m), a multiunit public housing project, as defined in s. 961.01 (14m), a swimming
17pool open to members of the public, a youth center, as defined in s. 961.01 (22), or a
18community center, while in or on or otherwise within 1,000 feet of any private
, tribal, 19or public school premises
, or while in or on or otherwise within 1,000 feet of a school
1bus, as defined in s. 340.01 (56), the court shall require that the juvenile participate
2for 100 hours in a supervised work program or other community service work under
3sub. (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
4Section
97. 938.342 (1r) of the statutes is amended to read:
AB637,52,125
938.342
(1r) If school attendance under sub. (1d) (a) or (1g) (g) is a condition
6of an order under sub. (1d) or (1g), the order shall specify what constitutes a violation
7of the condition and shall direct the school board of the school district
, or the
8governing body of the private school
, in which the person is enrolled
, or shall request
9the governing body of the tribal school in which the person is enrolled, to notify the
10court or, if the person is under the supervision of an agency under sub. (1g) (j), the
11agency that is responsible for supervising the person within 5 days after any
12violation 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
13Section
98. 938.355 (2) (c) of the statutes is amended to read:
AB637,53,214
938.355
(2) (c) If school attendance is a condition of an order under par. (b) 7.,
15the order shall specify what constitutes a violation of the condition and shall direct
16the school board of the school district
, or the governing body of the private school
, in
17which the juvenile is enrolled
, or shall request the governing body of the tribal school
18in which the juvenile is enrolled, to notify the county department that is responsible
1for supervising the juvenile within 5 days after any violation of the condition by the
2juvenile.
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
3Section
99. 938.396 (1), (1m), (1p) and (7) of the statutes are amended to read:
AB637,54,44
938.396
(1) Law enforcement officers' records of juveniles shall be kept
5separate from records of adults. Law enforcement officers' records of juveniles shall
6not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g),
7(1m), (1r), (1t), (1x)
, or (5) or s. 938.293 or by order of the court. This subsection does
8not apply to representatives of the news media who wish to obtain information for
9the purpose of reporting news without revealing the identity of the juvenile involved,
10to the confidential exchange of information between the police and officials of the
11public or private school attended by the juvenile or other law enforcement or social
12welfare agencies or to juveniles 10 years of age or older who are subject to the
13jurisdiction of the court of criminal jurisdiction. A public school official who obtains
14information under this subsection shall keep the information confidential as
15required under s. 118.125
, and a private school official who obtains information
16under this subsection shall keep the information confidential in the same manner as
17is required of a public school official under s. 118.125.
This subsection does not apply
18to the confidential exchange of information between the police and officials of the
19tribal school attended by the juvenile if the police determine that enforceable
20protections are provided by a tribal school policy or tribal law that requires tribal
21school officials to keep the information confidential in a manner at least as stringent
22as is required of a public school official under s. 118.125. A law enforcement agency
1that obtains information under this subsection shall keep the information
2confidential as required under this subsection and s. 48.396 (1). A social welfare
3agency that obtains information under this subsection shall keep the information
4confidential 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
5(1m) (a)
A law enforcement agency, on its own initiative or on At the request
6of
the a school district administrator
of a public school district, the, administrator of
7a private school
, or administrator of a tribal school or
the designee of
the a school
8district administrator
or the, private school administrator,
or tribal school
9administrator, or on its own initiative, a law enforcement agency may, subject to
10official agency policy, provide to the school district administrator, private school
11administrator
, or tribal school administrator or designee any information in its
12records relating to the use, possession
, or distribution of alcohol or a controlled
13substance or controlled substance analog by a juvenile enrolled in the public school
14district
or, private school
, or tribal school. The information shall be used by the school
15district or private school as provided under s. 118.127 (2).
The official agency policy
16shall specify that the information may not be provided to the administrator of a tribal
17school or the tribal school administrator's designee unless the governing body of the
1tribal school agrees that the information will be used by the tribal school as provided
2under s. 118.127 (2).
AB637,55,163
(am)
A law enforcement agency, on its own initiative or on At the request of
4the a school district administrator
of a public school district, the, administrator of a
5private school
, or administrator of a tribal school or
the designee of
the a school
6district administrator
or the, private school administrator,
or tribal school
7administrator, or on its own initiative, a law enforcement agency, may, subject to
8official agency policy, provide to the school district administrator, private school
9administrator
, or tribal school administrator or designee any information in its
10records relating to the illegal possession by a juvenile of a dangerous weapon, as
11defined in s. 939.22 (10). The information shall be used by the school district or
12private school as provided in s. 118.127 (2).
The official agency policy shall specify
13that the information may not be provided to the administrator of a tribal school or
14the tribal school administrator's designee unless the governing body of the tribal
15school agrees that the information will be used by the tribal school as provided under
16s. 118.127 (2).
AB637,56,717
(ar)
A law enforcement agency, on its own initiative or on At the request of
the 18a school district administrator
of a public school district, the, administrator of a
19private school
, or administrator of a tribal school or
the designee of
the a school
20district administrator
or the, private school administrator,
or tribal school
21administrator, or on its own initiative, a law enforcement agency may, subject to
22official agency policy, provide to the school district administrator, private school
23administrator,
or tribal school administrator or designee any information in its
24records relating to an act for which a juvenile enrolled in the school district
or, private
25school
, or tribal school was taken into custody under s. 938.19 based on a law
1enforcement officer's belief that the juvenile was committing or had committed a
2violation of any state or federal criminal law. The information shall be used by the
3school district or private school as provided in s. 118.127 (2).
The official agency
4policy shall specify that the information may not be provided to the administrator
5of a tribal school or the tribal school administrator's designee unless the governing
6body of the tribal school agrees that the information will be used by the tribal school
7as provided under s. 118.127 (2).
AB637,56,218
(b)
A law enforcement agency, on its own initiative or on At the request of
the 9a school district administrator
of a public school district, the, administrator of a
10private school
, or administrator of a tribal school or
the designee of
the a school
11district administrator
or the, private school administrator,
or tribal school
12administrator, or on its own initiative, a law enforcement agency may, subject to
13official agency policy, provide to the school district administrator, private school
14administrator
, tribal school administrator, or designee any information in its records
15relating to the act for which a juvenile enrolled in the public school district
or, private
16school
, or tribal school was adjudged delinquent. The information shall be used by
17the school district or private school as provided in s. 118.127 (2).
The official agency
18policy shall specify that the information may not be provided to the administrator
19of a tribal school or the tribal school administrator's designee unless the governing
20body of the tribal school agrees that the information will be used by the tribal school
21as provided under s. 118.127 (2).
AB637,57,922
(c) On petition of a law enforcement agency to review pupil records, as defined
23in s. 118.125 (1) (d), other than pupil records that may be disclosed without a court
24order under s. 118.125 (2) or (2m), for the purpose of investigating alleged delinquent
25or criminal activity, the court may order the school board of the school district, or the
1governing body of the private school, in which a juvenile is enrolled to disclose to the
2law enforcement agency the pupil records of that juvenile as necessary for the law
3enforcement agency to pursue its investigation.
The court may request that the
4governing body of the tribal school in which a juvenile is enrolled disclose to the law
5enforcement agency the pupil records of that juvenile as necessary for the law
6enforcement agency to pursue its investigation. The law enforcement agency may
7use the pupil records only for the purpose of its investigation and may make the pupil
8records available only to employees of the law enforcement agency who are working
9on the investigation.
AB637,57,14
10(1p) A law enforcement agency may enter into an interagency agreement with
11a school board, a private school,
a tribal school, a social welfare agency, or another
12law enforcement agency providing for the routine disclosure of information under
13subs. (1) and (1m) to the school board, private school,
tribal school, social welfare
14agency, 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
15(7) (a) Notwithstanding sub. (2) (a), if a petition under s. 938.12 or 938.13 (12)
16is filed alleging that a juvenile has committed a delinquent act that would be a felony
17if committed by an adult, the court clerk shall notify the school board of the school
18district,
or the governing body of the private school,
or the governing body of the
1tribal school in which the juvenile is enrolled or the designee of the school board or
2governing body of the fact that the petition has been filed and the nature of the
3delinquent act alleged in the petition. Notwithstanding sub. (2) (a), if later the
4proceeding on the petition is closed, dismissed
, or otherwise terminated without a
5finding that the juvenile has committed a delinquent act, the court clerk shall notify
6the school board of the school district
or the governing body of the private school or
7tribal school in which the juvenile is enrolled or the school board's
or governing body's 8designee that the proceeding has been terminated without a finding that the juvenile
9has committed a delinquent act.
AB637,58,1710
(am) Notwithstanding sub. (2) (a) and subject to par. (b), if a juvenile is
11adjudged delinquent, within 5 days after the date on which the dispositional order
12is entered, the court clerk shall notify the school board of the school district,
or the
13governing body of the private school,
or the governing body of the tribal school in
14which the juvenile is enrolled or the designee of the school board or governing body
15of the fact that the juvenile has been adjudicated delinquent, the nature of the
16violation committed by the juvenile, and the disposition imposed on the juvenile
17under s. 938.34 as a result of the violation.
AB637,59,218
(ar) Notwithstanding sub. (2) (a), if school attendance is a condition of a
19dispositional order under s. 938.342 (1d) or (1g) or 938.355 (2) (b) 7., within 5 days
20after the date on which the dispositional order is entered, the clerk of the court
21assigned to exercise jurisdiction under this chapter and ch. 48 or the clerk of the
22municipal court exercising jurisdiction under s. 938.17 (2) shall notify the school
23board of the school district,
or the governing body of the private school,
or the
24governing body of the tribal school in which the juvenile is enrolled or the designee
1of the school board or governing body of the fact that the juvenile's school attendance
2is a condition of a dispositional order.
AB637,59,123
(b) If a juvenile is found to have committed a delinquent act at the request of
4or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been
5a felony under chs. 939 to 948 or 961 if committed by an adult and is adjudged
6delinquent on that basis, within 5 days after the date on which the dispositional
7order is entered the court clerk shall notify the school board of the school district,
or 8the governing body of the private school,
or the governing body of the tribal school 9in which the juvenile is enrolled or the designee of the school board or governing body
10of the fact that the juvenile has been adjudicated delinquent on that basis, the nature
11of the violation committed by the juvenile and the disposition imposed on the juvenile
12under s. 938.34 as a result of that violation.
AB637,59,2513
(bm) Notwithstanding sub. (2) (a), in addition to the disclosure made under par.
14(am) or (b), if a juvenile is adjudicated delinquent and as a result of the dispositional
15order is enrolled in a different school district
or, private school
, or tribal school from
16the school district
or, private school
, or tribal school in which the juvenile is enrolled
17at the time of the dispositional order, the court clerk, within 5 days after the date on
18which the dispositional order is entered, shall provide the school board of the
19juvenile's new school district, the governing body of the juvenile's new private school
20or
tribal school, or the designee of the school board or governing body with the
21information specified in par. (am) or (b), whichever is applicable, and, in addition,
22shall notify that school board, governing body
, or designee of whether the juvenile
23has been adjudicated delinquent previously by that court, the nature of any previous
24violations committed by the juvenile and the dispositions imposed on the juvenile
25under s. 938.34 as a result of those previous violations.
AB637,61,7
1(c) No information from the juvenile's court records, other than information
2disclosed under par. (a), (am), (ar), (b), or (bm), may be disclosed to the school board
3of the school district,
or the governing body of the private school,
or the governing
4body of the tribal school in which the juvenile is enrolled or the designee of the school
5board or governing body except by order of the court. Any information provided
6under this subsection to the school board of the school district, or the governing body
7of the private school, in which the juvenile is enrolled or the designee of the school
8board or governing body shall be disclosed by the school board, governing body, or
9designee to employees of the school district or private school who work directly with
10the juvenile or who have been determined by the school board, governing body, or
11designee to have legitimate educational interests, including safety interests, in the
12information. A school district or private school employee to whom information is
13disclosed under this paragraph may not further disclose the information.
If
14information is disclosed to the governing body of a tribal school under this
15subsection, the court shall request that the governing body or its designee disclose
16the information to employees who work directly with the juvenile or who have been
17determined by the governing body or its designee to have legitimate educational
18interests, including safety interests, in the information, and shall further request
19that the governing body prohibit any employee to whom information is disclosed
20under this paragraph from further disclosing the information. A school board may
21not use any information provided under this subsection as the sole basis for expelling
22or suspending a juvenile or as the sole basis for taking any other disciplinary action,
23including action under the school district's athletic code, against the juvenile. A
24member of a school board or of the governing body of a private school or
tribal school
25or an employee of a school district
or, private school
, or tribal school may not be held
1personally liable for any damages caused by the nondisclosure of any information
2specified in this paragraph unless the member or employee acted with actual malice
3in failing to disclose the information. A school district
or, private school
, or tribal
4school may not be held liable for any damages caused by the nondisclosure of any
5information specified in this paragraph unless the school district, private school, or
6tribal school, or its agent acted with gross negligence or with reckless, wanton, or
7intentional 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
8Section
100. 938.78 (2) (b) of the statutes is amended to read:
AB637,62,109
938.78
(2) (b) 1. Paragraph (a) does not apply to the confidential exchange of
10information between an agency and another social welfare agency, a law
11enforcement agency, the victim-witness coordinator, a fire investigator under s.
12165.55 (15), a public school district
, or a private school regarding an individual in the
13care or legal custody of the agency. A social welfare agency that obtains information
14under this paragraph shall keep the information confidential as required under this
15section and s. 48.78. A law enforcement agency that obtains information under this
16paragraph shall keep the information confidential as required under ss. 48.396 (1)
1and 938.396 (1). A public school that obtains information under this paragraph shall
2keep the information confidential as required under s. 118.125
, and a private school
3that obtains information under this paragraph shall keep the information
4confidential in the same manner as is required of a public school under s. 118.125.
5Paragraph (a) does not apply to the confidential exchange of information between an
6agency and officials of a tribal school regarding an individual in the care or legal
7custody of the agency if the agency determines that enforceable protections are
8provided by a tribal school policy or tribal law that requires tribal school officials to
9keep the information confidential in a manner at least as stringent as is required of
10a public school official under s. 118.125.
AB637,62,1511
1m. An agency may enter into an interagency agreement with a school board,
12a private school,
a tribal school, a law enforcement agency, or another social welfare
13agency providing for the routine disclosure of information under subd. 1. to the school
14board, private school,
tribal school, law enforcement agency, or other social welfare
15agency.
AB637,63,216
2. On petition of an agency to review pupil records, as defined in s. 118.125 (1)
17(d), other than pupil records that may be disclosed without court order under s.
18118.125 (2) or (2m), for the purpose of providing treatment or care for an individual
19in the care or legal custody of the agency, the court may order the school board of the
20school district, or the governing body of the private school, in which an individual is
21enrolled to disclose to the agency the pupil records of the individual as necessary for
22the agency to provide that treatment or care.
The court may request the governing
23body of the tribal school in which an individual is enrolled to disclose to the agency
24the pupil records of the individual as necessary for the agency to provide that
25treatment or care. The agency may use the pupil records only for the purpose of
1providing treatment or care and may make the pupil records available only to
2employees 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
3Section
101. 939.632 (1) (a) and (d) 3. of the statutes are amended to read:
AB637,63,84
939.632
(1) (a) "School" means a public
school, parochial or private school
, or
5tribal school, as defined in s. 115.001 (16), that provides an educational program for
6one or more grades between grades 1 and 12 and that is commonly known as an
7elementary school, middle school, junior high school, senior high school
, or high
8school.
AB637,63,119
(d) 3. On a school bus or public transportation transporting students to and
10from a public or private school
or to and from a tribal school, as defined in s. 115.001
11(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
12Section
102. 944.21 (8) (b) 2. of the statutes is amended to read:
AB637,63,1413
944.21
(8) (b) 2. A private school, as defined in s. 115.001 (3r)
, or a tribal school,
14as 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
1Section
103. 948.095 (1) (a) of the statutes is amended to read:
AB637,64,32
948.095
(1) (a) "School" means a public or private elementary or secondary
3school
, 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
4Section
104. 948.11 (4) (b) 2. of the statutes is amended to read:
AB637,64,65
948.11
(4) (b) 2. A private school, as defined in s. 115.001 (3r)
, or a tribal school,
6as 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
7Section
105. 948.50 (2) (a) of the statutes is amended to read:
AB637,64,128
948.50
(2) (a) "School" means a public
school, parochial or private school
, or
9tribal school, as defined in s. 115.001 (16), which provides an educational program
10for one or more grades between kindergarten and grade 12 and which is commonly
11known as a kindergarten, elementary school, middle school, junior high school,
12senior 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
13Section
106. 948.61 (1) (b) of the statutes is amended to read:
AB637,64,1814
948.61
(1) (b) "School" means a public
school, parochial or private school
, or
15tribal school, as defined in s. 115.001 (16), which provides an educational program
16for one or more grades between grades 1 and 12 and which is commonly known as
17an elementary school, middle school, junior high school, senior high school
, or high
18school.
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.
AB637,65,43
961.49
(1m) (b) 6. Any private or public school premises
and any premises of
4a 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
5Section
108. 961.495 of the statutes is amended to read:
AB637,66,6
6961.495 Possession or attempted possession of a controlled substance
7on or near certain places. If any person violates s. 961.41 (3g) by possessing or
8attempting to possess a controlled substance included in schedule I or II, a controlled
9substance analog of a controlled substance included in schedule I or II or ketamine
10or flunitrazepam while in or on the premises of a scattered-site public housing
11project, while in or on or otherwise within 1,000 feet of a state, county, city, village
, 12or town park, a jail or correctional facility, a multiunit public housing project, a
13swimming pool open to members of the public, a youth center or a community center,
14while in or on or otherwise within 1,000 feet of any private or public school premises
15or of any premises of a tribal school, as defined in s. 115.001 (16), or while in or on
16or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court
17shall, in addition to any other penalties that may apply to the crime, impose 100
18hours of community service work for a public agency or a nonprofit charitable
1organization. The court shall ensure that the defendant is provided a written
2statement of the terms of the community service order and that the community
3service order is monitored. Any organization or agency acting in good faith to which
4a defendant is assigned pursuant to an order under this section has immunity from
5any civil liability in excess of $25,000 for acts or omissions by or impacting on the
6defendant.
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.
AB637,66,98
(1) The treatment of sections 15.377 (4) (f) and (8) (c) 14. and 15.57 (3) of the
9statutes first applies to appointments made on the effective date of this subsection.
AB637,66,1110
(2) The treatment of section 45.396 (2) of the statutes first applies to courses
11completed on the effective date of this subsection.
AB637,66,1512
(3) The treatment of sections 48.345 (12) (a) 5., 48.355 (2) (c), 938.34 (7d) (a) 5.,
13938.342 (1r), 938.355 (2) (c), and 938.396 (7) (am), (ar), (b), (bm), and (c) of the
14statutes first applies to dispositional orders issued on the effective date of this
15subsection.