AB199,9,6
18(3) Develop or operate and maintain any system or device facilitating Internet
19or telephone access to information about programs of agencies, authorities, local
20governmental units,
or entities in the private sector, or
any tribal schools, as defined
21in s. 115.001 (16), or otherwise permitting the transaction of business by agencies,
22authorities, local governmental units,
or entities in the private sector
, or tribal
23schools by means of electronic communication. The department may assess
24executive branch agencies, other than the board of regents of the University of
25Wisconsin System, for the costs of systems or devices relating to information
1technology or telecommunications that are developed, operated, or maintained
2under this subsection in accordance with a methodology determined by the
3department. The department may also charge any agency, authority, local
4governmental unit,
or entity in the private sector
, or tribal school for such costs as
5a component of any services provided by the department to that agency, authority,
6local governmental unit,
or entity
, or tribal school.
Note: Sections 7 to 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.
AB199, s. 10
7Section
10. 16.9785 of the statutes is amended to read:
AB199,9,14
816.9785 Purchases of computers by teachers. The department shall
9negotiate with private vendors to facilitate the purchase of computers and other
10educational technology, as defined in s. 24.60 (1r), by public
and, private
, and tribal 11elementary and secondary school teachers for their private use. The department
12shall attempt to make available types of computers and other educational technology
13under this section that will encourage and assist teachers in becoming
14knowledgeable 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.
AB199, s. 11
15Section
11. 16.99 (2g) of the statutes is amended to read:
AB199,9,2116
16.99
(2g) "Educational agency" means a school district, charter school
17sponsor, juvenile correctional facility, private school,
tribal school, as defined in s.
18115.001 (16), cooperative educational service agency, technical college district,
19private college, public library system, public library board, public museum, the
20Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational
21Services 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.
AB199, s. 12
1Section
12. 20.505 (1) (is) of the statutes is amended to read:
AB199,10,72
20.505
(1) (is)
Information technology and communications services; nonstate
3entities. From the sources specified in ss. 16.972 (2) (b) and (c), 16.974 (2) and (3),
4and 16.997 (2) (d), to provide computer, telecommunications, electronic
5communications, and supercomputer services to state authorities, units of the
6federal government, local governmental units,
tribal schools, and entities in the
7private 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.
AB199, s. 13
8Section
13. 27.01 (7) (c) 10. of the statutes is amended to read:
AB199,10,199
27.01
(7) (c) 10. Any motor vehicle operated for the purpose of transporting
10pupils to or from curricular or extracurricular activities of a public or private school
11or, a home-based private educational program under s. 118.15 (4)
, or a tribal school,
12as defined in s. 115.001 (16). The operator of a motor vehicle transporting pupils
13under this subdivision shall possess and exhibit for inspection a written
14authorization from an administrator of the school or home-based private
15educational program indicating that admission to the vehicle admission area is part
16of an official school or home-based private educational program function and
17indicating the date for which the authorization is applicable. A separate
18authorization is required for each date on which the motor vehicle is admitted to the
19vehicle 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.
AB199, s. 14
20Section
14. 28.06 (1) of the statutes is amended to read:
AB199,11,5
128.06
(1) Limitation. Only planting stock of species and sizes suitable for forest
2and woodlot planting and for planting by school pupils
, including pupils at a tribal
3school, as defined in s. 115.001 (16), to celebrate arbor day under s. 118.025 shall be
4produced in state forest nurseries. The department may employ labor at prevailing
5local 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.
AB199, s. 15
6Section
15. 29.301 (1) (a) of the statutes is amended to read:
AB199,11,97
29.301
(1) (a) In this subsection, "school" means a public or private elementary
8or secondary school, including a charter school,
a tribal school, as defined in s.
9115.001 (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.
AB199, s. 16
10Section
16. 30.74 (1) (a) of the statutes is amended to read:
AB199,11,1711
30.74
(1) (a) The department shall create comprehensive courses on boating
12safety and operation. These courses shall be offered in cooperation with schools,
13including tribal schools, as defined in s. 115.001 (16), private clubs and
14organizations, and may be offered by the department in areas where requested and
15where other sponsorship is unavailable. The department shall issue certificates to
16persons 10 years of age or older successfully completing such courses. The
17department shall prescribe the course content and the form of the certificate.
Note: Requires the department of natural resources to create boating safety
courses and offer them in cooperation with, among others, schools, including tribal
schools.
AB199, s. 17
18Section
17. 36.11 (36m) of the statutes is amended to read:
AB199,12,7
136.11
(36m) School safety research. The board shall direct the schools of
2education and other appropriate research-oriented departments within the system,
3to work with the technical college system board under s. 38.04 (27), school districts,
4private schools
, tribal schools, as defined in s. 115.001 (16), and the department of
5public instruction to present to school districts
and
, private schools
, and tribal
6schools the results of research on models for and approaches to improving school
7safety 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.
AB199, s. 18
8Section
18. 38.001 (3) (a) of the statutes is amended to read:
AB199,12,129
38.001
(3) (a) 1. Contract with secondary schools,
including tribal schools, to
10provide educational opportunities for high school age students in order to enhance
11their potential for benefiting from postsecondary education and for obtaining
12employment.
AB199,12,1513
2. Coordinate and cooperate with secondary schools,
including tribal schools, 14to facilitate the transition of secondary school students into postsecondary technical
15college education through curriculum articulation and collaboration.
Note: Provides that the purposes of the technical college system include
contracting, coordinating, and cooperating with tribal schools.
AB199, s. 19
16Section
19. 38.01 (9m) of the statutes is created to read:
AB199,12,1717
38.01
(9m) "Tribal school" has the meaning given in s. 115.001 (16).
AB199, s. 20
18Section
20. 38.04 (27) of the statutes is amended to read:
AB199,13,319
38.04
(27) School safety. The board shall work with schools of education and
20other departments of the University of Wisconsin System under s. 36.11 (36m),
21school districts, private schools
, tribal schools, and the department of public
1instruction to present to school districts
and
, private schools
, and tribal schools the
2results of research on models for and approaches to improving school safety and
3reducing 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.
AB199, s. 21
4Section
21. 38.14 (3) (a) and (bm) of the statutes are amended to read:
AB199,13,75
38.14
(3) (a) The district board may enter into contracts to provide educational
6services to public and private educational institutions,
tribal schools, federal and
7state agencies, local governmental bodies, industries
, and businesses.
AB199,13,108
(bm) The district board may enter into contracts to provide fiscal and
9management services to public and private educational institutions,
tribal schools, 10federal and state agencies
, and local governmental units.
Note: Authorizes a technical college district board to contract with tribal schools,
among others, to provide educational services or fiscal and management services.
AB199, s. 22
11Section
22
. 39.41 (1) (bm) of the statutes is amended to read:
AB199,13,1512
39.41
(1) (bm) "Senior" means a pupil enrolled in the 12th grade in a public or
13private high school,
a tribal school, the school operated by the Wisconsin Educational
14Services Program for the Deaf and Hard of Hearing
, or the school operated by the
15Wisconsin Center for the Blind and Visually Impaired.
AB199, s. 23
16Section
23
. 39.41 (1) (br) of the statutes is created to read:
AB199,13,1717
39.41
(1) (br) "Tribal school" has the meaning given in s. 115.001 (16).
AB199, s. 24
18Section
24
. 39.41 (1m) (a) (intro.), (b), (c) 4. and 5., (e), (em), (g) and (j) of the
19statutes are amended to read:
AB199,13,2220
39.41
(1m) (a) (intro.) Subject to par. (d), by February 15 of each school year,
21the school board of each school district operating one or more high schools and the
22governing body of each private high school
and of each tribal high school shall:
AB199,14,6
1(b) By February 15 of each school year, the school board of each school district
2operating one or more high schools and the governing body of each private high
3school
and of each tribal high school may, for each high school with an enrollment of
4less than 80 pupils, nominate the senior with the highest grade point average in all
5subjects who may be designated as a scholar by the executive secretary under par.
6(c) 3.
AB199,14,107
(c) 4. For each public
or, private
, or tribal high school with an enrollment of at
8least 80 pupils, notify the school board of the school district operating the public high
9school or the governing body of the private
or tribal high school of the number of
10scholars to be designated under par. (a).
AB199,14,1511
5. For each public
or, private
, or tribal high school with an enrollment of less
12than 80 pupils, notify the school board of the school district operating the public high
13school or the governing body of the private
or tribal high school that the school board
14or governing body may nominate a senior under par. (b) who may be designated as
15a scholar by the executive secretary.
AB199,15,416
(e) Except as provided under par. (em), if 2 or more seniors from the same high
17school of less than 80 pupils have the same grade point average and, except for the
18limitation of one nominated senior, are otherwise eligible for nomination under par.
19(b), the faculty of the high school shall select the senior who may be nominated by
20the school board of the school district operating the public high school or the
21governing body of the private
or tribal high school for designation under par. (b) as
22a scholar by the executive secretary. If that senior is designated as a scholar by the
23executive secretary and does not qualify for a higher education scholarship under
24sub. (2) (a) or (3) (a), faculty of the high school shall select one or more of the
25remaining seniors with the same grade point average for certification as a scholar
1and the school board of the school district operating the high school or the governing
2body of the private
or tribal high school shall certify to the board one or more of these
3seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a)
4or (3) (a) until the scholarship may be awarded by the board.
AB199,15,145
(em) If the high school weights different courses differently to determine a
6pupil's grade point average, and the senior designated as a scholar by the executive
7secretary under par. (e) does not qualify for a higher education scholarship under
8sub. (2) (a) or (3) (a), the faculty of the high school shall select one senior with the
9same grade point average for certification as a scholar, or, if there is no senior with
10the same grade point average, one senior with the next highest grade point average
11for certification as a scholar, and the school board of the school district operating the
12high school or the governing body of the private
or tribal high school shall certify to
13the board the selected senior as eligible for a higher education scholarship as a
14scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.
AB199,15,2315
(g) Notwithstanding par. (a), if a high school of at least 80 pupils closes or
16merges in the 1991-92 school year or in any school year thereafter, the school board
17of the school district operating the high school or the governing body of the private
18or tribal high school shall, subject to par. (d), for each of the 2 school years following
19the closure or merger, designate the same number of scholars from among the pupils
20enrolled in the high school at the time of closure or merger as the number of scholars
21designated for that high school in the school year the high school closed or merged.
22Any seniors designated under this paragraph shall be eligible for an original
23scholarship under this section.
AB199,16,324
(j) In the event that 2 or more seniors from the same high school of at least 80
25pupils have the same grade point average and are otherwise eligible for designation
1under par. (a), the school board of the school district operating the high school or the
2governing body of the private
or tribal high school shall make the designation of the
3faculty of the high school for purposes of par. (d) or (i).
Note: Sections 22 to 24 include seniors at a tribal high school in the academic
excellence higher education scholarships program that provides certain seniors with
academic scholarships at the UW, technical college, or participating private institutions
of higher education.
AB199, s. 25
4Section
25. 45.20 (2) (a) 1., (c) 1. and (d) 1. of the statutes are amended to read:
AB199,16,115
45.20
(2) (a) 1. The department shall administer a tuition reimbursement
6program for eligible veterans enrolling as undergraduates in any institution of
7higher education in this state, enrolling in a school that is approved under s. 45.03
8(11), enrolling in a proprietary school that is approved under s. 38.50, enrolling in a
9public or private high school,
enrolling in a tribal school, as defined in s. 115.011 (16),
10that operates high school grades, or receiving a waiver of nonresident tuition under
11s. 39.47.
AB199,17,212
(c) 1. A veteran who meets the eligibility requirements under par. (b) 1. may
13be reimbursed upon satisfactory completion of an undergraduate semester in any
14institution of higher education in this state, or upon satisfactory completion of a
15course at any school that is approved under s. 45.03 (11), any proprietary school that
16is approved under s. 38.50, any public or private high school,
any tribal school, as
17defined in s. 115.001 (16), that operates high school grades, or any institution from
18which the veteran receives a waiver of nonresident tuition under s. 39.47. Except as
19provided in par. (e), the amount of reimbursement may not exceed the total cost of
20the veteran's tuition minus any grants or scholarships that the veteran receives
21specifically for the payment of the tuition, or, if the tuition is for an undergraduate
22semester in any institution of higher education, the standard cost of tuition for a
1state resident for an equivalent undergraduate semester at the University of
2Wisconsin-Madison, whichever is less.
AB199,17,83
(d) 1. A veteran's eligibility for reimbursement under this subsection at any
4institution of higher education in this state, at a school that is approved under s.
545.03 (11), at a proprietary school that is approved under s. 38.50, at a public or
6private high school,
at a tribal school, as defined in s. 115.001 (16), that operates high
7school grades, or at an institution where he or she is receiving a waiver of nonresident
8tuition under s. 39.47 is limited to the following:
Note: Provides that a veteran is eligible for reimbursement for a course taken at
a tribal high school under certain circumstances.
AB199, s. 26
9Section
26. 46.275 (3r) (a) 3. of the statutes is amended to read:
AB199,17,1310
46.275
(3r) (a) 3. The person will be relocated into the home of the person's
11parent or guardian and will be receiving state monitoring of the relocation and
12services provided by a public or private school
or a tribal school, as defined in s.
13115.001 (16).
Note: Current law permits the department of health and family services (DHFS)
to relocate a resident of a state center for the developmentally disabled to the community
without county participation under certain circumstances, including the circumstance in
s. 46.275 (3r) (a) 3., stats., which is amended to include a tribal school.
AB199, s. 27
14Section
27. 48.02 (18m) of the statutes is created to read:
AB199,17,1515
48.02
(18m) "Tribal school" has the meaning given in s. 115.001 (16).
AB199, s. 28
16Section
28. 48.345 (12) (a) 5. of the statutes is created to read:
AB199,17,1817
48.345
(12) (a) 5. Pursuant to a contractual agreement with the school district
18in which the child resides, an educational program provided by a tribal school.
AB199, s. 29
19Section
29. 48.345 (12) (c) of the statutes is amended to read:
AB199,18,520
48.345
(12) (c) The judge shall order the county department, department, in
21a county having a population of 500,000 or more, or licensed child welfare agency
1responsible for supervising the child to disclose to the school board, technical college
2district board
, tribal school, or private, nonprofit, nonsectarian agency which is
3providing an educational program under par. (a) 3. records or information about the
4child, as necessary to assure the provision of appropriate educational services under
5par. (a).
Note: Under current law, a child in need of protection or services (CHIPS)
dispositional order may include an order that a child attend an educational program
provided by the school district or one of several programs under contract with the school
district. Current law does not include a tribal school.
Section 48.345 (12) (a) 5., stats., specifies that the court is permitted to order a child
to attend a tribal school if the school district has a contract with the tribal school for such
placements. Section 48.345 (12) (c), stats., is amended to require the court to order the
supervising agency to disclose information to the tribal school necessary to assure
appropriate educational services in such cases. Also see ss. 121.78 (4) and 938.34 (7d) (a)
5. and (c), stats., below.
AB199, s. 30
6Section
30. 48.355 (2) (c) of the statutes is amended to read:
AB199,18,137
48.355
(2) (c) If school attendance is a condition of an order under par. (b) 7.,
8the order shall specify what constitutes a violation of the condition and shall direct
9the school board of the school district, or the governing body of the private school, in
10which the child is enrolled
, or shall request the governing body of the tribal school
11in which the child is enrolled, to notify the county department that is responsible for
12supervising the child or, in a county having a population of 500,000 or more, the
13department within 5 days after any violation of the condition by the child.
Note: Under s. 48.355 (2) (b) 7., stats., a CHIPS dispositional order may state the
conditions with which the child must comply. If school attendance is a condition, current
law requires that the order direct the school board or the governing body of a private
school to notify the court within 5 days of a violation of the condition. The bill requires
that the court order request that a tribal school do so.
AB199, s. 31
14Section
31. 48.396 (1) of the statutes is amended to read:
AB199,19,2315
48.396
(1) Law enforcement officers' records of children shall be kept separate
16from records of adults. Law enforcement officers' records of the adult expectant
17mothers of unborn children shall be kept separate from records of other adults. Law
1enforcement officers' records of children and the adult expectant mothers of unborn
2children shall not be open to inspection or their contents disclosed except under sub.
3(1b), (1d), (5), or (6) or s. 48.293 or by order of the court. This subsection does not
4apply to the representatives of newspapers or other reporters of news who wish to
5obtain information for the purpose of reporting news without revealing the identity
6of the child or adult expectant mother involved, to the confidential exchange of
7information between the police and officials of the
public or private school attended
8by the child or other law enforcement or social welfare agencies, or to children 10
9years of age or older who are subject to the jurisdiction of the court of criminal
10jurisdiction. A public school official who obtains information under this subsection
11shall keep the information confidential as required under s. 118.125
, and a private
12school official who obtains information under this subsection shall keep the
13information confidential in the same manner as is required of a public school official
14under s. 118.125.
This subsection does not apply to the confidential exchange of
15information between the police and officials of the tribal school attended by the child
16if the police determine that enforceable protections are provided by a tribal school
17policy or tribal law that requires tribal school officials to keep the information
18confidential in a manner at least as stringent as is required of a public school official
19under s. 118.125. A law enforcement agency that obtains information under this
20subsection shall keep the information confidential as required under this subsection
21and s. 938.396 (1) (a). A social welfare agency that obtains information under this
22subsection shall keep the information confidential as required under ss. 48.78 and
23938.78.
Note: Current law provides that the subsection which specifies that, subject to
certain exceptions, law enforcement records relating to children under ch. 48 (the
children's code) are confidential does not apply to the confidential exchange of
information between the police and school officials. Current law further requires that
public school officials who obtain information under this provision keep the information
confidential as required in s. 118.125, stats. (relating to the confidentiality of pupil
records). Current law also requires that private school officials who obtain information
under this provision keep the information confidential in the same manner as is required
of a public school official. The bill permits the police to confidentially exchange
information with tribal school officials if the police determine that a tribal school policy
or tribal law provides enforceable protections that require tribal school officials to keep
the information confidential in a manner at least as stringent as is required of public and
private school officials.
AB199, s. 32
1Section
32. 48.65 (2) (b) of the statutes is amended to read:
AB199,20,22
48.65
(2) (b) A public or parochial school
or a tribal school.
Note: The day care license statute requires that, with certain exceptions, a facility
that provides care for 4 or more children under the age of 7 must obtain a day care center
license. Because the day care license statute is a state civil regulatory law, it is not clear
that this statute applies to a facility operated by a tribe or tribal member on a reservation
or off-reservation trust land, although a tribe or tribal member may choose to obtain a
license. In the event a court interprets the day care license statute as applying to a tribe
or tribal member, the bill makes clear that a tribal school is not subject to this statute.
AB199, s. 33
3Section
33. 48.78 (2) (b) of the statutes is amended to read:
AB199,21,44
48.78
(2) (b) Paragraph (a) does not apply to the confidential exchange of
5information between an agency and another social welfare agency, a law
6enforcement agency, a public school, or a private school regarding an individual in
7the care or legal custody of the agency. A social welfare agency that obtains
8information under this paragraph shall keep the information confidential as
9required under this section and s. 938.78. A law enforcement agency that obtains
10information under this paragraph shall keep the information confidential as
11required under ss. 48.396 (1) and 938.396 (1) (a). A public school that obtains
12information under this paragraph shall keep the information confidential as
13required under s. 118.125, and a private school that obtains information under this
14paragraph shall keep the information confidential in the same manner as is required
15of a public school under s. 118.125.
Paragraph (a) does not apply to the confidential
16exchange of information between an agency and officials of a tribal school regarding
1an individual in the care or legal custody of the agency if the agency determines that
2enforceable protections are provided by a tribal school policy or tribal law that
3requires tribal school officials to keep the information confidential in a manner at
4least as stringent as is required of a public school official under s. 118.125.
Note: Section 48.78 (2) (a), stats., provides that, subject to certain exceptions,
DHFS, a county department of human services or county department of social services,
a licensed child welfare agency, or a licensed day care center (collectively referred to as
agency) must keep its records relating to children under ch. 48, stats., confidential.
Section 48.78 (2) (b), stats., provides an exception and permits the confidential exchange
of information with a public or private school which is then required to keep the
information confidential if required to do so under the pupil records statute. The bill
permits an agency to confidentially exchange information with tribal school officials if the
agency determines that a tribal school policy or tribal law provides enforceable
protections that require tribal school officials to keep the information confidential in a
manner at least as stringent as is required of public and private school officials.
AB199, s. 34
5Section
34. 49.26 (1) (a) 2. bm. of the statutes is created to read:
AB199,21,66
49.26
(1) (a) 2. bm. A tribal school, as defined in s. 115.001 (16).
Note: Includes a tribal school in the definition of a "school" under the learnfare
program, which requires certain individuals to attend school under certain
circumstances as a condition of eligibility under the Wisconsin works program.
AB199, s. 35
7Section
35. 49.26 (1) (g) 2. of the statutes is amended to read:
AB199,21,108
49.26
(1) (g) 2. The individual has not graduated from a public
or, private
, or
9tribal high school or obtained a declaration of equivalency of high school graduation
10under s. 115.29 (4).
Note: Provides an exception for the school attendance requirement under the
learnfare program if an individual has graduated from a tribal high school.
AB199, s. 36
11Section
36. 51.45 (4) (d) of the statutes is amended to read:
AB199,21,1712
51.45
(4) (d) Cooperate with the department of public instruction, local boards
13of education, schools,
including tribal schools, as defined in s. 115.001 (16), police
14departments, courts, and other public and private agencies, organizations
, and
15individuals in establishing programs for the prevention of alcoholism and treatment
16of alcoholics and intoxicated persons, and preparing curriculum materials thereon
17for use at all levels of school education.