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2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 484
November 27, 2007 - Offered by Representative Ballweg.
AB484-ASA1,1,5 1An Act to renumber and amend 118.164 (2); to amend 118.164 (title), 118.164
2(3) (a) (intro.), 118.164 (3) (a) 4. and 120.13 (1) (a); and to create 118.164 (2) (a)
34., 118.164 (2m) and 120.13 (1) (a) 5. of the statutes; relating to: removal of a
4pupil from class and sending a pupil from any portion of school district property
5to the principal.
Analysis by the Legislative Reference Bureau
Current law generally allows a teacher to remove a pupil from his or her class
and send the pupil to the principal if the pupil violates the code of classroom conduct
adopted by the school board; is dangerous, unruly, or disruptive; or exhibits behavior
that interferes with the teacher's ability to teach effectively, as specified by the code
of classroom conduct.
This bill makes removal of a pupil from class subject to a pupil's individualized
education program. The bill extends to any school district employee the ability to
remove a pupil from a class and send the pupil to the principal. The bill also allows
a school district employee to send a pupil from any portion of school district property
to the principal. Under the bill, the code of classroom conduct must specify the kinds
of behavior that interfere with the ability of a school district employee to perform his
or her job effectively and that would warrant removal from class. The bill also
permits a school district to specify, in any code of conduct other than the code of

classroom conduct, behavior that would warrant sending a pupil from school district
property to the principal, including behavior that interferes with the ability of a
school district employee to effectively perform his or her job.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB484-ASA1, s. 1 1Section 1. 118.164 (title) of the statutes is amended to read:
AB484-ASA1,2,3 2118.164 (title) Removal of pupils a pupil from the class or sending a
3pupil from any portion of school district property
.
AB484-ASA1, s. 2 4Section 2. 118.164 (2) of the statutes is renumbered 118.164 (2) (a) (intro.) and
5amended to read:
AB484-ASA1,2,96 118.164 (2) (a) (intro.) Subject to 20 USC 1415 (k) and beginning
7August 1, 1999
, and a pupil's individualized education program under s. 115.787, a
8teacher school district employee may remove a pupil from the teacher's class if the
9pupil violates does any of the following:
AB484-ASA1,2,10 101. Violates the code of classroom conduct adopted under s. 120.13 (1) (a) or is.
AB484-ASA1,2,11 112. Exhibits behavior that is dangerous, unruly, or disruptive or exhibits.
AB484-ASA1,2,13 123. Exhibits behavior that interferes with the ability of the a teacher to teach
13effectively, as specified in the code of classroom conduct under s. 120.13 (1) (a).
AB484-ASA1,2,19 14(b) The teacher school district employee shall send the a pupil removed from
15class
to the school principal or his or her designee and notify the school principal or
16his or her designee immediately of the reasons for the removal. In addition, the
17teacher school district employee shall provide to the principal or his or her designee
18within 24 hours after the pupil's removal from the class a written explanation of the
19reasons for the removal.
AB484-ASA1, s. 3 20Section 3. 118.164 (2) (a) 4. of the statutes is created to read:
AB484-ASA1,3,3
1118.164 (2) (a) 4. Exhibits behavior that interferes with the ability of a school
2district employee to effectively perform his or her job in class, as specified in the code
3of classroom conduct under s. 120.13 (1) (a).
AB484-ASA1, s. 4 4Section 4. 118.164 (2m) of the statutes is created to read:
AB484-ASA1,3,75 118.164 (2m) (a) A school district employee may send a pupil from any portion
6of school district property other than class to the school principal or his or her
7designee if the pupil does any of the following:
AB484-ASA1,3,98 1. Violates any code of conduct, other than the code of classroom conduct,
9adopted under s. 120.13 (1) (a) .
AB484-ASA1,3,1010 2. Exhibits behavior that is dangerous, unruly, or disruptive.
AB484-ASA1,3,1311 3. Exhibits behavior that interferes with the ability of a school district
12employee to effectively perform his or her job, as specified in any code of conduct,
13other than the code of classroom conduct, adopted under s. 120.13 (1) (a).
AB484-ASA1,3,1814 (b) If a school district employee sends a pupil to the school principal or his or
15her designee under this subsection, the school district employee shall immediately
16notify the school principal or his or her designee of the reasons for sending the pupil
17and shall provide to the principal or his or her designee a written explanation of the
18reasons within 24 hours after sending the pupil.
AB484-ASA1, s. 5 19Section 5. 118.164 (3) (a) (intro.) of the statutes is amended to read:
AB484-ASA1,3,2220 118.164 (3) (a) (intro.) The Subject to s. 115.79, the school principal or his or
21her designee shall place the a pupil who has been removed from class under sub. (2)
22in one of the following:
AB484-ASA1, s. 6 23Section 6. 118.164 (3) (a) 4. of the statutes is amended to read:
AB484-ASA1,4,324 118.164 (3) (a) 4. The class from which the pupil was removed if, after weighing
25the interests of the removed pupil, the other pupils in the class and, the teacher of

1the class from which the pupil was removed, and the school district employee if the
2school district employee removed the pupil
, the school principal or his or her designee
3determines that readmission to the class is the best or only alternative.
AB484-ASA1, s. 7 4Section 7. 120.13 (1) (a) of the statutes is amended to read:
AB484-ASA1,4,185 120.13 (1) (a) Make rules for the organization, gradation and government of
6the schools of the school district, including rules pertaining to conduct and dress of
7pupils in order to maintain good decorum and a favorable academic atmosphere,
8which shall take effect when approved by a majority of the school board and filed with
9the school district clerk. Subject to 20 USC 1415 (k), the school board shall adopt a
10code to govern pupils' classroom conduct beginning in the 1999-2000 school year.
11The
. Except for that portion of the code of classroom conduct required under subd.
125., the
code of classroom conduct shall be developed in consultation with a committee
13of school district residents that consists of parents, pupils, members of the school
14board, school administrators, teachers, pupil services professionals and other
15residents of the school district who are appointed to the committee by the school
16board. The code of classroom conduct may provide different standards of conduct for
17different schools and may provide additional placement options under s. 118.164 (3).
18The code of classroom conduct shall include all of the following:
AB484-ASA1,4,2119 1. A specification of what constitutes dangerous, disruptive, or unruly behavior
20under s. 118.164 (2) (a) 2. or behavior that interferes with the ability of the teacher
21to teach effectively under s. 118.164 (2) (a) 3.
AB484-ASA1,4,2322 2. Any grounds in addition to those under subd. 1. for the removal of a pupil
23from the class under s. 118.164 (2).
AB484-ASA1,5,3
13. The procedures for determining the appropriate educational placement of a
2pupil who has been removed from the class and assigned a placement by the school
3principal or his or her designee under s. 118.164 (3).
AB484-ASA1,5,54 4. A procedure for notifying the parent or guardian of a minor pupil who has
5been removed from the class under s. 118.164 (2).
AB484-ASA1, s. 8 6Section 8. 120.13 (1) (a) 5. of the statutes is created to read:
AB484-ASA1,5,97 120.13 (1) (a) 5. A specification of what constitutes behavior that interferes
8with the ability of a school district employee to effectively perform his or her or job
9in class under s. 118.164 (2) (a) 4.
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