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.
AB199, s. 67
5Section
67. 118.127 (2) of the statutes is amended to read:
AB199,36,26
118.127
(2) A school district
or, private school
, or tribal school may disclose
7information from law enforcement officers' records obtained under s. 938.396 (1) (c)
83. only to persons employed by the school district who are required by the department
9under s. 115.28 (7) to hold a license, to persons employed by the private school
or
10tribal school as teachers, and to other school district
or, private school
, or tribal school 11officials who have been determined by the school board or governing body of the
12private school
or tribal school to have legitimate educational interests, including
13safety interests, in that information. In addition, if that information relates to a
14pupil of the school district
or, private school
or tribal school, the school district
or, 15private school
, or tribal school may also disclose that information to those employees
16of the school district
or, private school
, or tribal school who have been designated by
17the school board or governing body of the private school
or tribal school to receive that
18information for the purpose of providing treatment programs for pupils enrolled in
19the school district
or, private school
, or tribal school. A school district may not use
20law enforcement officers' records obtained under s. 938.396 (1) (c) 3. as the sole basis
21for expelling or suspending a pupil or as the sole basis for taking any other
1disciplinary action, including action under the school district's athletic code, against
2a pupil.
Note: This amendment relates to the amendment to s. 938.396 (1) (c) 3., below.
If law enforcement records are disclosed to a tribal school under that provision, the
amendment to s. 118.127 (2), stats., imposes duties on the tribal school that are the same
as those duties imposed on a private school that receives such information, namely,
limiting to whom the tribal school may disclose the information. (The amendment to s.
938.396 (1) (c) 3., stats., below, specifies that the law enforcement agency policy must
specify that the law enforcement agency cannot provide information under s. 938.396 (1)
(c) 3., stats., to a tribal school unless the governing body of the tribal school agrees that
the information will be used by the tribal school in the same manner as public and private
schools as provided under s. 118.127 (2), stats.)
AB199, s. 68
3Section
68. 118.145 (3) and (4) of the statutes are amended to read:
AB199,36,124
118.145
(3) If the superintendent
or principal of a private school
or of a tribal
5school files with the department the course of study for elementary grades prescribed
6by such school and if such course of study is substantially equivalent to the course
7of study prepared for elementary grades by the department, a certificate or diploma
8or other written evidence issued by the superintendent
or principal of the private
9school
or tribal school showing that the pupil has completed such course of study
10shall entitle the pupil to admission to a public high school. The certificate or diploma
11or a certified copy thereof or a certified copy of a list of graduates shall be filed with
12the school district clerk of the school district operating the high school.
AB199,36,18
13(4) The school board of a school district operating high school grades shall allow
14a pupil enrolled in a private school
, a pupil enrolled in a tribal school, or a pupil
15enrolled in a home-based educational program, who has met the standards for
16admission to high school under sub. (1), to take up to 2 courses during each school
17semester if the pupil resides in the school district in which the public school is located
18and if the school board determines that there is sufficient space in the classroom.
Note: Permits a tribal school to file with DPI information about the elementary
school course of study which entitles a pupil having completed that course of study to be
admitted to a public high school. Also permits a tribal school pupil who has met the
standards for admission to high school to take up to 2 courses each semester at a public
high school in the school district in which the pupil resides if the school board determines
that there is sufficient space in the classroom. (Under s. 121.004 (7) (e), stats., public
schools receive some equalization aid for providing this instruction; under s. 121.05 (1)
(a) 12., stats., the number of these pupils is included in the annual school district report;
and under s. 121.54 (2) (c), stats., a school district may elect, but is not required, to provide
transportation for pupils under s. 118.145 (4), stats.)
AB199, s. 69
1Section
69. 118.15 (1) (a) of the statutes is amended to read:
AB199,37,82
118.15
(1) (a) Except as provided under pars. (b) to (d) and sub. (4), unless the
3child is excused under sub. (3) or has graduated from high school, any person having
4under control a child who is between the ages of 6 and 18 years shall cause the child
5to attend school regularly during the full period and hours, religious holidays
6excepted, that the public
or, private
, or tribal school in which the child should be
7enrolled is in session until the end of the school term, quarter
, or semester of the
8school year in which the child becomes 18 years of age.
Note: Current law does not clearly provide that attendance at a tribal school
satisfies the compulsory school attendance laws. The bill explicitly refers to attendance
at a tribal school.
The bill does not treat tribal schools similarly to private schools under the
compulsory school attendance laws in that private schools are required to: (1) keep
records, including: the dates school is held, the names and ages of pupils, the names and
addresses of parents of the pupils, and the dates pupils were present at school; and (2)
make that information available to the school board's school attendance officer. The bill
does not require tribal schools to do so.
AB199, s. 70
9Section
70. 118.15 (1) (d) 4. of the statutes is amended to read:
AB199,37,1410
118.15
(1) (d) 4. Enrollment in any nonsectarian private school or program
, or
11tribal school, located in the school district in which the child resides, which complies
12with the requirements of
42 USC 2000d. Enrollment of a child under this subdivision
13shall be pursuant to a contractual agreement
which
under s. 121.78 (5) that provides
14for the payment of the child's tuition by the school district.
Note: Under current law, a child's parent or the child may request that the school
board provide program or curriculum modifications, including several items specified in
the statutes, including a request to attend a private school, rather than the public school.
The school board then decides the matter. The bill permits a curriculum modification to
be requested to attend a tribal school.
AB199, s. 71
15Section
71. 118.153 (1) (b) of the statutes is amended to read:
AB199,38,4
1118.153
(1) (b) "Dropout" means a child who ceased to attend school, does not
2attend a public
or, private
, or tribal school, technical college
, or home-based private
3educational program on a full-time basis, has not graduated from high school
, and
4does not have an acceptable excuse under s. 118.15 (1) (b) to (d) or (3).
Note: Exempts a child who attends tribal school from the definition of "dropout"
in the statute for children at risk of not graduating from high school programs. That
definition is used by cross-reference in several other statutes.
The bill does not amend s. 118.163, stats., relating to municipal truancy and school
dropout ordinances. However, the effect of the amendments noted above that include
tribal schools will affect s. 118.163, stats.
AB199, s. 72
5Section
72. 118.16 (2) (em) of the statutes is created to read:
AB199,38,86
118.16
(2) (em) Shall request information regarding the attendance of any child
7between the ages of 6 and 18 who is a resident of the school district and who claims
8or is claimed to be in attendance at a tribal school.
Note: As part of the school attendance enforcement statute, current law requires
private schools to keep a record containing certain information about pupils, including
their attendance. Current law also specifies that a school attendance officer must have
access to this information at all reasonable times. [s. 118.16 (2) (e) and (3), stats.] The
bill requires a school attendance officer to request information about the attendance of
a child between the ages of 6 and 18 who is a resident of the school district and who claims
or is claimed to be attending a tribal school. The bill does not require the tribal school to
keep or provide the information to the school attendance officer.
AB199, s. 73
9Section
73. 118.162 (1) (am) and (m) of the statutes are created to read:
AB199,38,1310
118.162
(1) (am) A representative from each tribal school in the county,
11designated by the governing body of that tribal school that he or she represents, who
12may be a member of the tribal school governing body, school administrator, teacher,
13pupil services professional, or parent of a child enrolled in that tribal school.
AB199,38,1514
(m) A parent of a pupil enrolled in a tribal school located in the county, who
15resides in the county, designated by the county board.
Note: Adds to the county committee that advises on school districts' truancy plans:
(1) a representative of each tribal school in the county; and (2) a parent of a tribal school
pupil. The latter provision is modeled after the provision for a parent of a private school
pupil being appointed to the county committee.
AB199, s. 74
16Section
74. 118.255 (2) of the statutes is amended to read:
AB199,39,14
1118.255
(2) (a) If a school board, cooperative educational service agency
, or
2county children with disabilities education board provides physical or mental health
3treatment services to its pupils, it may also provide such services within the private
4school
or tribal school facilities to those private school
or tribal school pupils who are
5referred to the public school board, cooperative educational service agency
, or county
6children with disabilities education board by the administrator of a private school
7or tribal school for evaluation for possible servicing. There shall be no charge for
8health treatment services provided to any pupils unless public school students or
9their parents are charged for similar services. For purposes of state aid, as it is
10provided under s. 115.88 to the public school district, for the health treatment service
11program, private school
and tribal school pupils receiving such health treatment
12services shall be counted among the pupils of the public school district receiving such
13services, although each child may receive health treatment services within the
14child's own school facilities, whether public
or, private
, or tribal.
AB199,39,2315
(b) A school board, cooperative educational service agency, or county children
16with disabilities education board providing services under this section may enter
17into agreements with the administrator of a private school
or tribal school on the
18scheduling, space
, and other necessary arrangements for performance of such health
19treatment services. A school board, cooperative educational service agency
, or county
20children with disabilities education board shall not pay any private school
or tribal
21school for any services or facilities provided under this section. Control of the health
22treatment services program shall rest with the public school board, cooperative
23educational service agency
, or county children with disabilities education board.
AB199,40,224
(c) A school board, cooperative educational service agency
, or county children
25with disabilities education board may provide health treatment services only within
1private school
or tribal school facilities located within the boundaries of the school
2district, cooperative educational service agency
, or county.
Note: Permits school boards, CESAs, and county children with disabilities
education boards to provide health treatment services to tribal school pupils at tribal
schools under certain circumstances. One of the required circumstances is that the pupil
be referred by the tribal school administrator.
AB199, s. 75
3Section
75. 118.257 (1) (d) of the statutes is amended to read:
AB199,40,74
118.257
(1) (d) "School" means a public, parochial
or, private
, or tribal school
5which provides an educational program for one or more grades between grades 1 and
612 and which is commonly known as an elementary school, middle school, junior high
7school, senior high school
, or high school.
Note: Current law exempts from liability certain staff at a private school for
removing a pupil from school premises or from school-sponsored activities for suspicion
of certain activities relating to controlled substances. Changing this definition has the
effect of extending to certain tribal school officials the same exemption from liability
under state law. It also has the effect of adding tribal schools to the definition of school
in s. 134.66 (1) (h), stats., which cross-references this definition. This would prohibit a
retailer from placing a vending machine that dispenses cigarettes within 500 feet of a
tribal school.
Extending the immunity protections under state law to certain tribal school staff
does not affect whatever right such staff have to raise a defense of tribal sovereign
immunity if sued.