Currently, 4 schools in Wisconsin come under the tribally operated schools
component of the "alternative school" definition in s. 115.71 (1), stats. They are the:
Menominee Tribal School; Oneida Nation of Wisconsin Schools; Lac Courte Oreilles
Tribal School; and Mashkiisiibii (Bad River) Tribal School. The first 3 have contracts with
and are funded, in full or in part, by the Bureau of Indian Affairs (BIA). The last is funded
by the Bad River Tribal Council and does not have a contract with or receive a grant from
the BIA.
Currently it appears that one school in Wisconsin meets the "nonsectarian private
school . . . in which at least 75% of the pupils enrolled are American Indians" component
of the "alternative school" definition in s. 115.71 (1), stats. It is the Indian Community
School of Milwaukee, Inc. It appears that the state statutes dealing with private schools
already apply to this school, and this bill does not affect it.
Authority of the State with Regard to Tribally Operated Schools
In general, state civil regulatory laws do not apply to a tribe or a member of that
tribe on the tribe's reservation or off-reservation trust land unless an act of Congress, a
treaty, or case law (that is, decisions by the courts) provides that the state law is
applicable. Most K-12 education laws likely would be considered by the courts to be civil
regulatory laws. It appears that neither an act of Congress nor any treaty has authorized
the state to apply its civil regulatory education laws to a tribal school that is located on
a tribe's reservation or off-reservation trust land. As for whether case law does so, court
decisions suggest that, if a matter were litigated, a court would apply a balancing of
interests test and hold that a state civil regulatory education law applies to a tribal school
only if the state interests outweigh the tribal and federal interests. That analysis
depends on the facts surrounding each individual statute; thus, there is no universal
answer as to whether a state civil regulatory law applies to a tribal school.
However, in general, it appears that, with respect to most state K-12 education
laws, the state does not have authority to impose such laws on tribal schools. Moreover,
a tribe may choose to assert sovereign immunity if a legal action were filed against the
tribal school or tribal school officials to enforce any such law.
Nonetheless, a state may choose to provide funding or other benefits to a tribal
school and may condition such funding or benefits on meeting certain prerequisites to be
eligible for the funding or benefits.
THE BILL
This bill amends statutes that refer specifically to private schools, private school
employees, or private school pupils and provide a benefit or protection to them, with the
exception of statutes relating to: transportation; special education; and eligibility for
bonding for certain building projects through the Wisconsin Health and Educational
Facilities Authority. The bill also does not amend any statutes in ch. 119, stats., that refer
to private schools since ch. 119 relates only to the Milwaukee Public Schools. In general,
the amendments add references to tribal schools, tribal school employees, or tribal school
pupils in those statutes. In some cases, the bill includes language relating to tribal
schools that is not identical to current statutes relating to private schools. These relate
to statutes in which a requirement is integrally linked to a benefit provided--for
example, statutes allowing a private school to receive certain confidential records but
prohibiting redisclosure of the record. For those statutes, the bill generally extends the
benefit to a tribal school that chooses to comply with the required provision.
With respect to statutes that explicitly impose requirements on private schools
unrelated to a benefit, the bill does not add a reference to tribal schools. Such statutes
include requirements to: make a report to the Department of Public Instruction (DPI)
about enrollment; report to DPI charges and convictions of certain crimes and dismissals
and resignations related to immoral conduct of a person licensed by DPI and employed
by the school; display the flag and offer the pledge of allegiance or national anthem; have
a first aid kit; conduct fire drills; establish school safety zones; prohibit the use of a pupil's
social security number as a pupil identification number; have periodic lead inspections
in kindergarten; and abide by restaurant regulations if food is brought in under contract.
The bill amends several statutes that refer generically to schools without explicitly
referring to public schools, private schools, or tribal schools to make clear that if a benefit
applies to the school, the benefit also applies to tribal schools. The bill does not amend
statutes that impose a requirement generically on schools, including private schools, to
impose the requirement on tribal schools, for example, statutes relating to excluding
children who have not met the immunization or waiver of immunization requirements.
Whether such statutes apply to tribal schools is an issue to be resolved by the courts.
The bill defines a "tribal school" in s. 115.001 (16), stats., as an institution with an
educational program that has as its primary purpose providing education in any grade
or grades from kindergarten to 12 and that is controlled by the elected governing body
of a federally recognized American Indian tribe or band in Wisconsin or by a tribal
educational authority established under the laws of a federally recognized American
Indian tribe or band in Wisconsin. That definition then applies in chs. 115 to 121 (statutes
relating to K-12 education) under s. 115.001 (intro.), stats. The bill then uses the same
definition by cross-reference in statutes outside chs. 115 to 121, stats.
The provisions of the bill are explained in Notes following the Sections.
SB300, s. 1
1Section
1. 6.28 (2) (c) of the statutes is amended to read:
SB300,5,92
6.28
(2) (c) The principal of any private high school
having or of any tribal
3school, as defined in s. 115.001 (16), that operates high school grades that has a
4substantial number of students residing in a municipality may request the
5municipal clerk to establish registration dates when a special registration deputy
6will be present in the high school, or to appoint a special school registration deputy
7in accordance with par. (b). The clerk shall establish registration dates or appoint
8a special school registration deputy in the high school if the clerk determines the
9school to have a substantial number of students residing in the municipality.
Note: Permits a tribal school with high school grades that has a substantial
number of students to ask the municipal clerk to conduct voter registration at the high
school.
SB300, s. 2
10Section
2. 7.30 (2) (am) of the statutes is amended to read:
SB300,6,411
7.30
(2) (am) Except as otherwise provided in this paragraph, a pupil who is
1216 or 17 years of age, who is enrolled in grades 9 to 12 in a public or private school
13or in a tribal school, as defined in s. 115.001 (16), and who has at least a 3.0 grade
14point average or the equivalent may serve as an inspector at the polling place serving
15the pupil's residence, with the approval of the pupil's parent or guardian and of the
16principal of the school in which the pupil is enrolled. A pupil may serve as an
17inspector at a polling place under this paragraph only if at least one election official
18at the polling place other than the chief inspector is a qualified elector of this state.
19No pupil may serve as chief inspector at a polling place under this paragraph. Before
20appointment by any municipality of a pupil as an inspector under this paragraph,
21the municipal clerk shall obtain written authorization from the pupil's parent or
1guardian and from the principal of the school where the pupil is enrolled for the pupil
2to serve for the entire term for which he or she is appointed. Upon appointment of
3a pupil to serve as an inspector, the municipal clerk shall notify the principal of the
4school where the pupil is enrolled of the date of expiration of the pupil's term of office.
Note: Permits certain tribal school pupils to serve as inspectors at a polling place
under certain conditions.
SB300, s. 3
5Section
3. 15.377 (4) (f) of the statutes is amended to read:
SB300,6,76
15.377
(4) (f) Representatives of private schools
and, charter schools
, and tribal
7schools, as defined in s. 115.001 (16).
Note: Provides that representatives of tribal schools may serve on the DPI Council
on Special Education.
SB300, s. 4
8Section
4. 15.377 (8) (c) 14. of the statutes is created to read:
SB300,6,119
15.377
(8) (c) 14. One person licensed as a teacher and actively employed in a
10tribal school, as defined in s. 115.001 (16), recommended by a federally recognized
11American Indian tribe or band in this state that has a tribal school.
Note: Current law permits one licensed teacher actively employed in a private
school, recommended by the Wisconsin Association of Nonpublic Schools (which has been
renamed the Wisconsin Council of Religious and Independent Schools), to serve on the
DPI Professional Standards Council for Teachers. The council currently has 19 members
who, with one limited exception, are appointed for 3-year terms. With 3 exceptions, a
vacancy in any category is filled by having the entity that is authorized to make a
recommendation in that category provide 3 names to the state superintendent, who then
makes the selection for that category.
The bill increases the number of members to 20 by adding a provision for a licensed
teacher employed by a tribal school. The state superintendent must select this teacher
based on the recommendation of a tribe that has a tribal school.
SB300, s. 5
12Section
5
. 15.57 (3) of the statutes is amended to read:
SB300,6,1413
15.57
(3) One representative of public schools and one representative of private
14schools
or of tribal schools, as defined in s. 115.001 (16), appointed for 4-year terms.
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.
SB300, s. 6
15Section
6
. 16.971 (15) of the statutes is amended to read:
SB300,7,3
116.971
(15) Provide private schools
and tribal schools, as defined in s. 115.001
2(16), with telecommunications access under s. 16.997 and contract with
3telecommunications 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.
SB300, s. 7
4Section
7
. 16.972 (1) (cm) of the statutes is created to read:
SB300,7,65
16.972
(1) (cm) "Qualified tribal school" means a tribal school as defined in s.
6115.001 (16).
SB300,8,39
16.972
(2) (b) Except as provided in par. (a), provide such computer services and
10telecommunications services to local governmental units and the broadcasting
11corporation and provide such telecommunications services to qualified private
12schools,
tribal schools, postsecondary institutions, museums
, and zoos, as the
13department considers to be appropriate and as the department can efficiently and
14economically provide. The department may exercise this power only if in doing so
15it maintains the services it provides at least at the same levels that it provides prior
16to exercising this power and it does not increase the rates chargeable to users served
17prior to exercise of this power as a result of exercising this power. The department
18may charge local governmental units, the broadcasting corporation, and qualified
19private schools,
tribal schools, postsecondary institutions, museums
, and zoos, for
20services provided to them under this paragraph in accordance with a methodology
21determined by the department. Use of telecommunications services by a qualified
22private school
, tribal school, or postsecondary institution shall be subject to the same
1terms and conditions that apply to a municipality using the same services. The
2department shall prescribe eligibility requirements for qualified museums and zoos
3to receive telecommunications services under this paragraph.
SB300, s. 9
4Section
9
. 16.974 (2) and (3) of the statutes are amended to read:
SB300,8,105
16.974
(2) Subject to s. 16.972 (2) (b), enter into and enforce an agreement with
6any agency, any authority, any unit of the federal government, any local
7governmental unit,
or any entity in the private sector
, or any tribal school, as defined
8in s. 115.001 (16), to provide services authorized to be provided by the department
9to that agency, authority, unit,
or entity
, or tribal school at a cost specified in the
10agreement.
SB300,8,24
11(3) Develop or operate and maintain any system or device facilitating Internet
12or telephone access to information about programs of agencies, authorities, local
13governmental units,
or entities in the private sector, or
any tribal schools, as defined
14in s. 115.001 (16), or otherwise permitting the transaction of business by agencies,
15authorities, local governmental units,
or entities in the private sector
, or tribal
16schools by means of electronic communication. The department may assess
17executive branch agencies, other than the board of regents of the University of
18Wisconsin System, for the costs of systems or devices relating to information
19technology or telecommunications that are developed, operated, or maintained
20under this subsection in accordance with a methodology determined by the
21department. The department may also charge any agency, authority, local
22governmental unit,
or entity in the private sector
, or tribal school for such costs as
23a component of any services provided by the department to that agency, authority,
24local 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.
SB300, s. 10
1Section
10. 16.9785 of the statutes is amended to read:
SB300,9,8
216.9785 Purchases of computers by teachers. The department shall
3negotiate with private vendors to facilitate the purchase of computers and other
4educational technology, as defined in s. 24.60 (1r), by public
and, private
, and tribal 5elementary and secondary school teachers for their private use. The department
6shall attempt to make available types of computers and other educational technology
7under this section that will encourage and assist teachers in becoming
8knowledgeable 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.
SB300, s. 11
9Section
11. 16.99 (2g) of the statutes is amended to read:
SB300,9,1510
16.99
(2g) "Educational agency" means a school district, charter school
11sponsor, secured correctional facility, private school,
tribal school, as defined in s.
12115.001 (16), cooperative educational service agency, technical college district,
13private college, public library system, public library board, public museum, the
14Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational
15Services 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.
SB300, s. 12
16Section
12. 20.505 (1) (is) of the statutes is amended to read:
SB300,9,2017
20.505
(1) (is)
Information technology and communications services; nonstate
18entities. From the sources specified in ss. 16.972 (2) (b) and (c), 16.974 (2) and (3),
19and 16.997 (2) (d), to provide computer, telecommunications, electronic
20communications, and supercomputer services to state authorities, units of the
1federal government, local governmental units,
tribal schools, and entities in the
2private 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.
SB300, s. 13
3Section
13. 27.01 (7) (c) 10. of the statutes is amended to read:
SB300,10,144
27.01
(7) (c) 10. Any motor vehicle operated for the purpose of transporting
5pupils to or from curricular or extracurricular activities of a public or private school
6or, a home-based private educational program under s. 118.15 (4)
, or a tribal school,
7as defined in s. 115.001 (16). The operator of a motor vehicle transporting pupils
8under this subdivision shall possess and exhibit for inspection a written
9authorization from an administrator of the school or home-based private
10educational program indicating that admission to the vehicle admission area is part
11of an official school or home-based private educational program function and
12indicating the date for which the authorization is applicable. A separate
13authorization is required for each date on which the motor vehicle is admitted to the
14vehicle 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.
SB300, s. 14
15Section
14. 28.06 (1) of the statutes is amended to read:
SB300,10,2016
28.06
(1) Limitation. Only planting stock of species and sizes suitable for forest
17and woodlot planting and for planting by school pupils
, including pupils at a tribal
18school, as defined in s. 115.001 (16), to celebrate arbor day under s. 118.025 shall be
19produced in state forest nurseries. The department may employ labor at prevailing
20local 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.
SB300, s. 15
1Section
15. 29.301 (1) (a) of the statutes is amended to read:
SB300,11,42
29.301
(1) (a) In this subsection, "school" means a public or private elementary
3or secondary school, including a charter school,
a tribal school, as defined in s.
4115.001 (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.
SB300, s. 16
5Section
16. 30.74 (1) (a) of the statutes is amended to read:
SB300,11,116
30.74
(1) (a) The department shall create comprehensive courses on boating
7safety and operation. These courses shall be offered in cooperation with schools,
8including tribal schools, as defined in s. 115.001 (16), private clubs and
9organizations, and may be offered by the department in areas where requested and
10where other sponsorship is unavailable. The department shall issue certificates to
11persons 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.
SB300, s. 17
12Section
17. 36.11 (36m) of the statutes is amended to read:
SB300,11,1913
36.11
(36m) School safety research. The board shall direct the schools of
14education and other appropriate research-oriented departments within the system,
15to work with the technical college system board under s. 38.04 (27), school districts,
16private schools
, tribal schools, as defined in s. 115.001 (16), and the department of
17public instruction to present to school districts
and
, private schools
, and tribal
18schools the results of research on models for and approaches to improving school
19safety 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.
SB300, s. 18
1Section
18. 38.001 (3) (a) of the statutes is amended to read:
SB300,12,52
38.001
(3) (a) 1. Contract with secondary schools,
including tribal schools, to
3provide educational opportunities for high school age students in order to enhance
4their potential for benefiting from postsecondary education and for obtaining
5employment.
SB300,12,86
2. Coordinate and cooperate with secondary schools,
including tribal schools, 7to facilitate the transition of secondary school students into postsecondary technical
8college education through curriculum articulation and collaboration.
Note: Provides that the purposes of the Technical College System include
contracting, coordinating, and cooperating with tribal schools.
SB300, s. 19
9Section
19. 38.01 (9m) of the statutes is created to read:
SB300,12,1010
38.01
(9m) "Tribal school" has the meaning given in s. 115.001 (16).
SB300, s. 20
11Section
20. 38.04 (27) of the statutes is amended to read:
SB300,12,1712
38.04
(27) School safety. The board shall work with schools of education and
13other departments of the University of Wisconsin System under s. 36.11 (36m),
14school districts, private schools
, tribal schools, and the department of public
15instruction to present to school districts
and, private schools
, and tribal schools the
16results of research on models for and approaches to improving school safety and
17reducing 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.
SB300, s. 21
18Section
21. 38.14 (3) (a) and (bm) of the statutes are amended to read:
SB300,12,2119
38.14
(3) (a) The district board may enter into contracts to provide educational
20services to public and private educational institutions,
tribal schools, federal and
21state agencies, local governmental bodies, industries
, and businesses.
SB300,13,3
1(bm) The district board may enter into contracts to provide fiscal and
2management services to public and private educational institutions,
tribal schools, 3federal 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.
SB300, s. 22
4Section
22
. 39.41 (1) (bm) of the statutes is amended to read:
SB300,13,85
39.41
(1) (bm) "Senior" means a pupil enrolled in the 12th grade in a public or
6private high school,
a tribal school, the school operated by the Wisconsin Educational
7Services Program for the Deaf and Hard of Hearing
, or the school operated by the
8Wisconsin Center for the Blind and Visually Impaired.
SB300, s. 23
9Section
23
. 39.41 (1) (c) of the statutes is created to read:
SB300,13,1010
39.41
(1) (c) "Tribal school" has the meaning given in s. 115.001 (16).
SB300, s. 24
11Section
24
. 39.41 (1m) (a) (intro.), (b), (c) 4. and 5., (e), (em), (g) and (j) of the
12statutes are amended to read:
SB300,13,1513
39.41
(1m) (a) (intro.) Subject to par. (d), by February 15 of each school year,
14the school board of each school district operating one or more high schools and the
15governing body of each private high school
and of each tribal high school shall:
SB300,13,2116
(b) By February 15 of each school year, the school board of each school district
17operating one or more high schools and the governing body of each private high
18school
and of each tribal high school may, for each high school with an enrollment of
19less than 80 pupils, nominate the senior with the highest grade point average in all
20subjects who may be designated as a scholar by the executive secretary under par.
21(c) 3.
SB300,14,222
(c) 4. For each public
or, private
, or tribal high school with an enrollment of at
23least 80 pupils, notify the school board of the school district operating the public high
1school or the governing body of the private
or tribal high school of the number of
2scholars to be designated under par. (a).
SB300,14,73
5. For each public
or, private
, or tribal high school with an enrollment of less
4than 80 pupils, notify the school board of the school district operating the public high
5school or the governing body of the private
or tribal high school that the school board
6or governing body may nominate a senior under par. (b) who may be designated as
7a scholar by the executive secretary.
SB300,14,218
(e) Except as provided under par. (em), if 2 or more seniors from the same high
9school of less than 80 pupils have the same grade point average and, except for the
10limitation of one nominated senior, are otherwise eligible for nomination under par.
11(b), the faculty of the high school shall select the senior who may be nominated by
12the school board of the school district operating the public high school or the
13governing body of the private
or tribal high school for designation under par. (b) as
14a scholar by the executive secretary. If that senior is designated as a scholar by the
15executive secretary and does not qualify for a higher education scholarship under
16sub. (2) (a) or (3) (a), faculty of the high school shall select one or more of the
17remaining seniors with the same grade point average for certification as a scholar
18and the school board of the school district operating the high school or the governing
19body of the private
or tribal high school shall certify to the board one or more of these
20seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a)
21or (3) (a) until the scholarship may be awarded by the board.
SB300,15,622
(em) If the high school weights different courses differently to determine a
23pupil's grade point average, and the senior designated as a scholar by the executive
24secretary under par. (e) does not qualify for a higher education scholarship under
25sub. (2) (a) or (3) (a), the faculty of the high school shall select one senior with the
1same grade point average for certification as a scholar, or, if there is no senior with
2the same grade point average, one senior with the next highest grade point average
3for certification as a scholar, and the school board of the school district operating the
4high school or the governing body of the private
or tribal high school shall certify to
5the board the selected senior as eligible for a higher education scholarship as a
6scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.
SB300,15,157
(g) Notwithstanding par. (a), if a high school of at least 80 pupils closes or
8merges in the 1991-92 school year or in any school year thereafter, the school board
9of the school district operating the high school or the governing body of the private
10or tribal high school shall, subject to par. (d), for each of the 2 school years following
11the closure or merger, designate the same number of scholars from among the pupils
12enrolled in the high school at the time of closure or merger as the number of scholars
13designated for that high school in the school year the high school closed or merged.
14Any seniors designated under this paragraph shall be eligible for an original
15scholarship under this section.
SB300,15,2016
(j) In the event that 2 or more seniors from the same high school of at least 80
17pupils have the same grade point average and are otherwise eligible for designation
18under par. (a), the school board of the school district operating the high school or the
19governing body of the private
or tribal high school shall make the designation of the
20faculty of the high school for purposes of par. (d) or (i).