Note: Section 37 creates a definition of "tribal school" for purposes of the statutes
relating to minors working in the street trades or fund raising. In general, minors doing
fund raising by selling for a public or private school are exempt from these statutes. The
courts have not made clear if these statutes may be applied on reservations or on
off-reservation trust land to minors who are engaged in such activities for a tribal school.
While a court may be less likely to apply the statute to American Indian minors who are
fund raising on their own reservation or off-reservation trust land, it is possible that a
court would apply the statute to non-Indian minors who are fund raising for a tribal
school.
Sections 38 to 41 specify that the statutes do not apply if a minor is engaged in
fund-raising activities for a tribal school.
AB199, s. 42
1Section
42. 103.64 (6) of the statutes is created to read:
AB199,23,22
103.64
(6) "Tribal school" has the meaning given in s. 115.001 (16).
Note: Defines tribal school as used in ss. 103.67 (2) (c) and 103.71 (1) (b), below.
AB199, s. 43
3Section
43. 103.67 (2) (c) of the statutes is amended to read:
AB199,23,64
103.67
(2) (c) Minors 12 years of age or older may be employed in street trades,
5and any minor may work in fund-raising sales for nonprofit organizations, public
6schools
or, private schools
, or tribal schools, as provided in ss. 103.21 to 103.31.
Note: Relates to Sections 37 and 41
, above.
AB199, s. 44
7Section
44. 103.71 (1) (b) of the statutes is amended to read:
AB199,23,148
103.71
(1) (b) A diploma or certificate to this effect issued by the superintendent
9of the parochial school system or by the principal of the parochial or private school
10or tribal school last attended by such minor. Such superintendent, principal
, or clerk
11shall issue such diploma or certificate upon receipt of any application in behalf of any
12minor entitled thereto. As used in this paragraph the term "school district" shall
13apply to all regularly constituted school districts, including union free high school
14districts.
Note: Permits a child who has completed high school, including a tribal high
school, to be employed during school hours.
AB199, s. 45
15Section
45. 115.001 (16) of the statutes is created to read:
AB199,24,316
115.001
(16) "Tribal school" means an institution with an educational program
17that has as its primary purpose providing education in any grade or grades from
18kindergarten to 12 and that is controlled by the elected governing body of a federally
1recognized American Indian tribe or band in Wisconsin or by a tribal educational
2authority established under the laws of a federally recognized American Indian tribe
3or band in Wisconsin.
Note: Defines tribal school for purposes of chs. 115 to 121, stats., which relate to
K-12 education. This definition is also cross-referenced in statutes outside these
chapters that are being amended to refer to tribal schools.
AB199, s. 46
4Section
46. 115.28 (7) (b) and (e) 1. and (11) (intro.) of the statutes are amended
5to read:
AB199,24,156
115.28
(7) (b) Subject to the same rules and laws concerning qualifications of
7applicants and granting and revocation of licenses or certificates under par. (a), the
8state superintendent shall grant certificates and licenses to teachers in private
9schools
and tribal schools, except that teaching experience requirements for such
10certificates and licenses may be fulfilled by teaching experience in
either public
or, 11private
, or tribal schools. An applicant is not eligible for a license or certificate unless
12the state superintendent finds that the private school
or tribal school in which the
13applicant taught offered an adequate educational program during the period of the
14applicant's teaching therein. Private schools are not obligated to employ only
15licensed or certified teachers.
Note: Provides that, although state law does not require that teachers in tribal
schools have a state license, a state license may be issued if the applicant who teaches in
a tribal school meets the state license criteria. Further provides that appropriate
experience in a tribal school is counted in determining teaching experience under the
state licensure law.
Whether a tribal school is obligated to employ only state licensed or certified
teachers is determined by tribal law (or by federal law if the tribal school receives funding
from the BIA). Because the issue is not determined by state law, the bill does not include
language regarding the matter.
AB199,25,316
(e) 1. In this paragraph, "alternative education program" means an
17instructional program, approved by the school board, that utilizes successful
18alternative or adaptive school structures and teaching techniques and that is
19incorporated into existing, traditional classrooms or regularly scheduled curricular
1programs or that is offered in place of regularly scheduled curricular programs.
2"Alternative educational program" does not include a private school
, a tribal school, 3or a home-based private educational program.
Note: For the alternative education program license, specifies that, like a private
school, an alternative educational program does not include a tribal school.
AB199,25,10
4(11) Driver education courses. (intro.) Approve driver education courses
5offered by school districts, county children with disabilities education boards, and
6technical college districts for the purposes of s. 343.16 (1) (c) 1. and establish
7minimum standards for driver education courses offered in private schools
and tribal
8schools for the purposes of s. 343.16 (1) (c) 3. All driver education courses approved
9or for which standards are established under this subsection shall do all of the
10following:
Note: Requires the state superintendent to establish minimum standards for
driver education courses offered in tribal schools so that the courses can be accepted by
the department of transportation (DOT) under ss. 343.06 (1) (c) and 343.16, stats., which
relate to qualifications for a driver's license and examining applicants for a driver's
license.
If the tribal school does not comply with the requirements for the driver education
course, the consequence would be that DOT cannot accept the tribal school course for
purposes of the driver's license statute.
AB199, s. 47
11Section
47. 115.34 (2) of the statutes is amended to read:
AB199,25,2012
115.34
(2) The state superintendent shall make payments to school districts,
13private schools, charter schools under s. 118.40 (2r),
tribal schools, the program
14under s. 115.52, and the center under s. 115.525 for school lunches served to children
15in the prior year as determined by the state superintendent from the appropriation
16under s. 20.255 (2) (cn). Payments shall equal the state's matching obligation under
1742 USC 1751 et seq. Payments in the current year shall be determined by prorating
18the state's matching obligation based on the number of school lunches served to
19children in the prior year. In this subsection, "private school" means any school
20defined in s. 115.001 (3r) which complies with the requirements of
42 USC 2000d.
Note: Adds tribal schools to the school lunch program.
AB199, s. 48
1Section
48. 115.341 of the statutes is amended to read:
AB199,26,8
2115.341 School breakfast program. (1) From the appropriation under s.
320.255 (2) (cm), the state superintendent shall reimburse each school board 10 cents
4for each breakfast served at a school that meets the requirements of
7 CFR 220.8 or
5220.8a, whichever is applicable, and shall reimburse each governing body of a
6private school
or tribal school 10 cents for each breakfast served at the private school
7or tribal school that meets the requirements of
7 CFR 220.8 or
220.8a, whichever is
8applicable.
AB199,26,12
9(2) If the appropriation under s. 20.255 (2) (cm) in any fiscal year is insufficient
10to pay the full amount of aid under this section, the state superintendent shall
11prorate state aid payments among the school boards and governing bodies of private
12schools
and tribal schools entitled to the aid.
Note: Adds tribal schools to the school breakfast program.
AB199, s. 49
13Section
49. 115.343 (1) of the statutes is amended to read:
AB199,27,214
115.343
(1) The department shall establish a school day milk program. A
15public, private, or tribal school participating in the program shall offer each eligible
16child one half-pint of Wisconsin-produced whole milk, 2% milk, 1.5% milk, one
17percent milk, 0.5% milk, skim milk or chocolate milk on each day in which school is
18in session. If a child is allergic to milk or has metabolic disorders or other conditions
19which prohibit him or her from drinking milk, the child shall be offered juice as a
20substitute. Any school that participates in the program is encouraged to consider
21bids from local milk suppliers. The school shall keep all information related to the
22identity of the pupils who receive a beverage under the program confidential. In this
1subsection, "Wisconsin-produced" means that all or part of the raw milk used by the
2milk processor was produced in this state.
Note: Current law provides aid for the school day milk program. According to DPI
staff, this statute is interpreted as applying to all schools, including tribal schools. The
bill clearly specifies that tribal schools may be participating schools.
AB199, s. 50
3Section
50. 115.345 (7m) of the statutes is amended to read:
AB199,27,74
115.345
(7m) A private school
or tribal school may establish a food services plan
5for elderly persons. If the plan meets all of the requirements of this section and is
6approved by the state superintendent, the private school
or tribal school is eligible
7for reimbursement in the same manner as school districts under sub. (5).
Note: Adds tribal schools as eligible for reimbursement for a food services plan for
the elderly.
AB199, s. 51
8Section
51. 115.36 (1) and (2) (a), (b) and (d) 3. of the statutes are amended
9to read:
AB199,27,1210
115.36
(1) The purpose of this section is to enable and encourage public
and, 11private
, and tribal schools to develop comprehensive programs to prevent or
12ameliorate alcohol and other drug abuse among minors.
AB199,27,15
13(2) (a) Develop and conduct training programs for the professional staff of
14public
and, private
, and tribal schools in alcohol and other drug abuse prevention,
15intervention
, and instruction programs.
AB199,27,1816
(b) Provide consultation and technical assistance to public
and, private
, and
17tribal schools for the development and implementation of alcohol and other drug
18abuse prevention, intervention
, and instruction programs.
AB199,27,2019
(d) 3. The systematic dissemination of information concerning available
20resources to appropriate public
and, private
, and tribal school staff.
Note: Includes tribal schools in DPI's program to assist schools in developing
alcohol and other drug abuse programs.
AB199, s. 52
21Section
52. 115.365 (1) and (2) (a) and (b) of the statutes are amended to read:
AB199,28,3
1115.365
(1) The purpose of this section is to enable and encourage public
and, 2private
, and tribal schools to develop programs designed to prevent suicide among
3minors.
AB199,28,16
4(2) (a) Develop and conduct training programs in suicide prevention for the
5professional staff of public
and, private
, and tribal schools and county departments
6under ss. 46.215, 46.22
, and 51.42. The programs shall include information on how
7to assist minors in the positive emotional development which will help prevent
8suicidal tendencies; the detection, by minors, school staff
, and parents, of conditions
9which indicate suicidal tendencies; the proper action to take when there is reason to
10believe that a minor has suicidal tendencies or is contemplating suicide; and the
11coordination of school suicide prevention programs and activities with the suicide
12prevention and intervention programs and activities of other state and local
13agencies. Persons other than the professional staff of public
and, private
, and tribal 14schools and county departments under ss. 46.215, 46.22
, and 51.42 may attend the
15training programs. The department may charge such persons a fee sufficient to cover
16the increased costs to the department of their participation in the programs.
AB199,28,2017
(b) Provide consultation and technical assistance to public
and, private
, and
18tribal schools for the development and implementation of suicide prevention
19programs and the coordination of those programs with the suicide prevention and
20intervention programs of other state and local agencies.
Note: Includes tribal schools in DPI's program to assist schools in developing
suicide prevention programs.
AB199, s. 53
21Section
53. 115.368 (1) and (2) (a) and (b) of the statutes are amended to read:
AB199,29,322
115.368
(1) The purpose of this section is to enable and encourage public
and, 23private
, and tribal schools to develop protective behaviors programs and
1anti-offender behavior programs designed to assist minors and their parents or
2guardians in recognizing, avoiding, preventing
, and halting physically or
3psychologically intrusive or abusive situations that may be harmful to minors.
AB199,29,25
4(2) (a) Develop and conduct protective behaviors training programs for the
5professional staff of public
and, private
, and tribal schools and counties under ss.
646.034, 46.215, 46.22, 46.23, 51.42
, and 51.437. The training programs shall include
7information on how to assist a minor and his or her parent or guardian in
8recognizing, avoiding, preventing
, and halting physically or psychologically
9intrusive or abusive situations that may be harmful to the minor, including child
10abuse, sexual abuse
, and child enticement. The training programs shall emphasize
11how to help minors to develop positive psychological, emotional
, and
12problem-solving responses to such situations, and to avoid relying on negative,
13fearful
, or solely reactive methods of dealing with such situations. The training
14programs shall also include information on the detection, by other minors, their
15parents or guardians
, and school staff, of conditions that indicate that a minor is
16being or has been subjected to such situations; the proper action to take when there
17is reason to believe that a minor is being or has been subjected to such situations; and
18the coordination of school protective behaviors programs and activities with
19programs and activities of other state and local agencies. Persons other than the
20professional staff of public
and, private
, and tribal schools and counties under ss.
2146.034, 46.215, 46.22, 46.23, 51.42
, and 51.437 may attend the training programs.
22The department may charge such persons a fee sufficient to cover the increased costs
23of materials, but not personnel cost, to the department of their participation in the
24programs. The department may not deny any resident of Wisconsin the opportunity
25to participate in a program if the person is unable to pay any fee.
AB199,30,4
1(b) Provide consultation and technical assistance to public
and, private
, and
2tribal schools for the development and implementation of protective behaviors
3programs and the coordination of those programs with programs of other state and
4local agencies.
Note: Includes tribal schools in DPI's program to assist schools in developing
protective behavior programs.
AB199, s. 54
5Section
54. 115.42 (1) (a) 2. of the statutes is amended to read:
AB199,30,76
115.42
(1) (a) 2. The person is licensed as a teacher by the state superintendent
7or employed as a teacher in a private school
or tribal school located in this state.
AB199, s. 55
8Section
55. 115.42 (2) (a) 2. of the statutes is amended to read:
AB199,30,119
115.42
(2) (a) 2. The person maintains his or her license as a teacher by the state
10superintendent or remains employed in a private school
or tribal school located in
11this state.
Note: Includes teachers employed at a tribal school as those eligible for grants if
they are certified by the national board for professional teaching standards and meet
other criteria.
AB199, s. 56
12Section
56. 115.52 (3) (b) 1. of the statutes is amended to read:
AB199,30,1513
115.52
(3) (b) 1. Provide evaluation services to assist local educational agencies,
14cooperative educational service agencies, county children with disabilities education
15boards, private schools,
tribal schools, and others.
AB199, s. 57
16Section
57. 115.52 (3) (b) 2. of the statutes is amended to read:
AB199,30,1917
115.52
(3) (b) 2. Provide technical assistance and consultation services to local
18educational agencies, cooperative educational service agencies, county children with
19disabilities education boards, private schools,
tribal schools, and others.
AB199, s. 58
20Section
58. 115.52 (3) (b) 10. of the statutes is amended to read:
AB199,31,221
115.52
(3) (b) 10. Rent or lease technological materials and assistive technology
22devices, as defined in s. 115.76 (1), to local educational agencies, cooperative
1educational service agencies, county children with disabilities education boards,
and 2private schools
, and tribal schools.
Note: Includes tribal schools with those groups to which the Wisconsin
educational services program for the deaf and hard of hearing may provide the services
specified.
AB199, s. 59
3Section
59. 115.525 (3) (b) 2. of the statutes is amended to read:
AB199,31,74
115.525
(3) (b) 2. Provide technical assistance and consultation services to
5entities such as local educational agencies, cooperative educational service agencies,
6county children with disabilities education boards
and
, private schools
, and tribal
7schools.
Note: Includes tribal schools with those groups to which the Wisconsin center for
the blind and visually impaired may provide technical assistance and consultation
services.
AB199, s. 60
8Section
60. 116.01 of the statutes is amended to read:
AB199,31,18
9116.01 Purpose. The organization of school districts in Wisconsin is such that
10the legislature recognizes the need for a service unit between the school district and
11the state superintendent. The cooperative educational service agencies are designed
12to serve educational needs in all areas of Wisconsin by serving as a link both between
13school districts and between school districts and the state. Cooperative educational
14service agencies may provide leadership, coordination
, and education services to
15school districts, University of Wisconsin System institutions
, and technical colleges.
16Cooperative educational service agencies may facilitate communication and
17cooperation among all public
and, private
, and tribal schools, agencies
, and
18organizations that provide services to pupils.
Note: Authorizes cooperative educational service agencies (CESAs) to facilitate
communication and cooperation among public, private, and tribal schools, agencies, and
organizations that provide services to pupils.
AB199, s. 61
19Section
61. 116.032 (1) and (3) (a) (intro.) of the statutes are amended to read:
AB199,32,6
1116.032
(1) Subject to subs. (2) to (5), for the purpose of providing services to
2pupils
, a board of control may contract with school districts, University of Wisconsin
3System institutions, technical college district boards, private schools,
tribal schools, 4and agencies or organizations that provide services to pupils. A board of control may
5also contract with one or more school boards to operate a charter school under s.
6118.40 (3) (c).
AB199,32,10
7(3) (a) (intro.) A board of control may contract with a private school
, tribal
8school, or private agency or organization to provide a service or program to that
9private school
, tribal school, or private agency or organization only if all of the
10following apply:
Note: Subject to certain conditions, authorizes a CESA to contract with a tribal
school.
AB199, s. 62
11Section
62. 118.025 of the statutes is amended to read:
AB199,32,15
12118.025 Arbor day observance. A school The principal
of a public, private,
13or tribal school may request one free tree provided from state forest nurseries by the
14department of natural resources under s. 28.06 for each 4th grade pupil in the school
15for planting in conjunction with an annual observance and celebration of arbor day.
Note: Specifies that tribal schools may request trees from the state forest nursery
for arbor day observance.
AB199, s. 63
16Section
63. 118.07 (3) of the statutes is amended to read:
AB199,33,717
118.07
(3) The department shall make available to school districts, private
18schools,
tribal schools, and charter schools information about meningococcal disease,
19including the causes and symptoms of the disease, how it is spread, and how to obtain
20additional information about the disease and the availability, effectiveness, and
21risks of vaccinations against the disease. The department may do so by posting the
22information on its Internet site. At the beginning of the 2006-07 to 2011-12 school
1years, each school board and the governing body of each private school and each
2charter school shall provide the parents and guardians of pupils enrolled in grades
36 to 12 in the school district or school with the information. At the beginning of the
42012 school year and each school year thereafter, each school board and the
5governing body of each private school and each charter school shall provide the
6parents and guardians of pupils enrolled in grade 6 in the school district or school
7with the information.
Note: Requires DPI to provide information to tribal schools about meningococcal
disease. However, in contrast to requirements imposed on public, private, and charter
schools, the bill does not require that tribal schools provide the information to parents and
guardians of pupils.
AB199, s. 64
8Section
64. 118.08 (1) of the statutes is amended to read:
AB199,33,149
118.08
(1) On any street or highway which borders the grounds of any public
10or, private
, or tribal school in which school is held for a term of not less than 6 months,
11the authority in charge of the maintenance of the street or highway shall erect black
12and yellow "school" warning signs. The authority may also designate school
13crossings across any street or highway, whether or not the street or highway borders
14on the grounds of a school.
Note: Requires the authority in charge of a street or highway to erect school
warning signs, including signs for tribal schools.
AB199, s. 65
15Section
65. 118.125 (2) (n) of the statutes is amended to read:
AB199,34,816
118.125
(2) (n) For the purpose of providing services to a pupil before
17adjudication, a school board may disclose pupil records to a law enforcement agency,
18district attorney, city attorney, corporation counsel, agency, as defined in s. 938.78
19(1), intake worker under s. 48.067 or 938.067, court of record, municipal court,
20private school, or another school board if disclosure is pursuant to an interagency
21agreement and the person to whom the records are disclosed certifies in writing that
1the records will not be disclosed to any other person except as permitted under this
2subsection.
For the purpose of providing services to a pupil before adjudication, a
3school board may disclose pupil records to a tribal school if disclosure is pursuant to
4an agreement between the school board and the governing body of the tribal school
5and if the school board determines that enforceable protections are provided by a
6tribal school policy or tribal law that requires the tribal school official to whom the
7records are disclosed not to disclose the records to any other person except as
8permitted under this subsection.
Note: Current law provides that, for the purpose of providing services to a pupil
before adjudication, a school board may disclose pupil records to certain entities,
including a private school, if disclosure is pursuant to an interagency agreement and the
person to whom records are disclosed certifies that the records will not be disclosed to any
other person except as permitted under s. 118.125 (2), stats. The bill permits a school
board to disclose pupil records to a tribal school under this provision if disclosure is
pursuant to an agreement between the school board and the governing body of the tribal
school and if the school board determines that enforceable protections are provided by a
tribal school policy or tribal law that requires the tribal school official to whom the records
are disclosed not to disclose the records to any other person except as permitted under s.
118.125 (2), stats.
AB199, s. 66
9Section
66. 118.125 (4) of the statutes is amended to read:
AB199,35,410
118.125
(4) Transfer of records. Within 5 working days, a school district shall
11transfer to another school
, including a private or tribal school, or school district all
12pupil records relating to a specific pupil if the transferring school district has
13received written notice from the pupil if he or she is an adult or his or her parent or
14guardian if the pupil is a minor that the pupil intends to enroll in the other school
15or school district or written notice from the other school or school district that the
16pupil has enrolled or from a court that the pupil has been placed in a juvenile
17correctional facility, as defined in s. 938.02 (10p), or a secured residential care center
18for children and youth, as defined in s. 938.02 (15g). In this subsection, "school" and
19"school district" include any juvenile correctional facility, secured residential care
1center for children and youth, adult correctional institution, mental health institute,
2or center for the developmentally disabled, that provides an educational program for
3its residents instead of or in addition to that which is provided by public
and, private
,
4and tribal schools.
Note: Clarifies that, under current law, the requirement that a school district
transfer records to a school includes a requirement that a school district transfer records
to a tribal school. The bill also adds a reference to tribal schools in referring to a center
for the developmentally disabled that provides an educational program directly or in
addition to that provided by a tribal school.