AB199: Bill Text

AB199,41,21 (3) Emergency care; civil liability exemption. Any school bus operator validly authorized under ss. 343.12 and 343.17 (3) (c) to operate the school bus he or she is operating and any public or, private , or tribal school employee or volunteer, county children with disabilities education board employee or volunteer, or cooperative educational service agency employee or volunteer, other than a health care professional, who in good faith renders emergency care to a pupil of a public or, private, or tribal school is immune from civil liability for his or her acts or omissions in rendering such emergency care. The immunity from civil liability provided under this subsection is in addition to and not in lieu of that provided under s. 895.48 (1).

AB199, s. 77 Section 77. 118.29 (4m) of the statutes is created to read:

AB199,42,2 118.29 (4m) Applicability to tribal school employees. The immunity under sub. (2) applies to a tribal school employee, administrator, or volunteer only if the governing body of the tribal school has adopted a written policy that complies with sub. (4).

Note: Current law, in pertinent part, permits private school employees and volunteers to administer certain drugs to pupils under certain circumstances and exempts them from liability under state law for doing so. It also requires the governing board of a private school to adopt a written policy governing such administration. The bill permits tribal school employees and volunteers to do so in the same situations and extends to them the same exemptions from liability under state law if the governing body of the tribal school has adopted a written policy that complies with the requirements for a written policy that apply to private schools. The bill also extends to tribal school employees and volunteers the same exemption from liability under state law when they are rendering emergency care that applies to certain others, including private school employees and volunteers.

Extending the immunity protections under state law to tribal school employees and volunteers does not affect whatever right they have to raise a defense of tribal sovereign immunity if sued.

AB199, s. 78 Section 78. 118.291 (1g) (b) of the statutes is amended to read:

AB199,42,4 118.291 (1g) (b) "School" includes a public and a, private, or tribal school.

AB199, s. 79 Section 79. 118.291 (2) (c) of the statutes is created to read:

AB199,42,10 118.291 (2) (c) No tribal school or tribal school employee is civilly liable for injury to a pupil caused by a tribal school employee who prohibits a pupil from using an inhaler because of the employee's good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee's good faith belief that the requirements of sub. (1r) had been satisfied.

Note: Current law, as amended by 2005 Wisconsin Act 398, permits a pupil with asthma to use an inhaler at school under circumstances when the pupil has provided the school principal with written approval of the pupil's physician and parent. Current statutes provide immunity under state law for school employees who permit inhaler use because of a good faith belief that these conditions have been satisfied or who prohibit use because of a good faith belief that these conditions have not been satisfied.

The bill extends the immunity to tribal school employees under the same conditions. This extension of immunity protections under state law does not affect whatever right a tribal school employee may have to raise a defense of tribal sovereign immunity if sued.

AB199, s. 80 Section 80. 118.295 of the statutes is amended to read:

AB199,43,5 118.295 Suicide intervention; civil liability exemption. Any school board, private school, tribal school, county children with disabilities education board, or cooperative educational service agency, and any officer, employee, or volunteer thereof, who in good faith attempts to prevent suicide by a pupil is immune from civil liability for his or her acts or omissions in respect to the suicide or attempted suicide. The civil liability immunity provided in this section is in addition to and not in lieu of that provided under s. 895.48 (1).

Note: Current law, in pertinent part, specifies that private school officers, employees, and volunteers who in good faith attempt to prevent suicide by a pupil are exempt under state law from civil liability for their acts or omissions. The bill extends the same exemptions from liability under state law to tribal school officers, employees, and volunteers.

Extending the immunity protections to tribal school officers, employees, and volunteers does not affect whatever right they have to raise a defense of tribal sovereign immunity if sued.

AB199, s. 81 Section 81. 120.18 (1) (a) 2. and (s) of the statutes are amended to read:

AB199,43,16 120.18 (1) (a) 2. Adding the number of persons under this paragraph who were residents of the school district and were enrolled in the school district on the 3rd Friday of September of the previous school year; plus the number of persons under this paragraph who were residents of the school district and who were enrolled in private schools, tribal schools, home-based private educational programs, or other school districts on the 3rd Friday of September of the previous school year; plus the number or an estimate of the number of those persons under this paragraph who were residents of the school district and not enrolled in the school district, private schools, tribal schools, home-based private educational programs, or other school districts on the 3rd Friday of September of the previous school year.

AB199,43,18 (s) Such other facts and statistics in relation to the schools, public or, private, or tribal, in the school district as the department requires.

Note: In the annual school district report submitted by the school district clerk to DPI, requires inclusion of the above information about tribal schools and tribal school pupils. (This information can be included only if the tribal school voluntarily provides the information to the school district.)

AB199, s. 82 Section 82. 121.05 (1) (a) 7. of the statutes is amended to read:

AB199,44,2 121.05 (1) (a) 7. Pupils enrolled in a nonsectarian private school or program, or tribal school, under s. 118.15 (1) (d) 4.

Note: Current law requires that the pupil membership report (which is used to calculate state aid to school districts) include pupils enrolled in a nonsectarian private school or program if the school district is paying tuition for the pupil to attend such a private school or program because of a curriculum modification agreed to by the school board. This Section adds tribal schools to reflect the proposed amendment to s. 118.15 (1) (d) 4., stats., above.

AB199, s. 83 Section 83. 121.76 (1) (a) of the statutes is amended to read:

AB199,44,7 121.76 (1) (a) "Agency of service" means a school board, board of control of a cooperative educational service agency, county children with disabilities education board, or governing body of a nonsectarian private school or, university model school, or tribal school, which provides services for which tuition may be charged.

Note: Current law defines "agency of service" for purposes of subch. V, ch. 121, stats., which describes various circumstances under which a pupil may attend a school other than a public school in the school district of residence, how tuition and aid are calculated if the school district is paying for it, and how tuition is otherwise calculated. The entity providing the services is the agency of service. As a result of other provisions of this bill, a tribal school may be providing the services due to curriculum modification or court-ordered educational placement.

AB199, s. 84 Section 84. 121.76 (2) (c) of the statutes is amended to read:

AB199,44,12 121.76 (2) (c) The agency of service, other than a tribal school, shall rebate a proportional share of state or federal aid received for pupils for whom it received tuition. The rebate shall be paid to the agency or person who paid the tuition within 30 days of its receipt by the agency of service.

Note: Under current law, if an agency of service, including a private school, receives tuition from a school district, it must rebate a proportional share of any federal or state aid it received. Because a tribal school could assert a defense of sovereign immunity in any lawsuit to collect a rebate, the bill does not require a tribal school to rebate such aid. Rather, the bill provides in s. 121.78 (4) and (5), stats., below, that federal and state aid are subtracted in determining the amount of tuition paid to a tribal school that is providing either court-ordered educational placement under an agreement with the school district or curriculum modification under an agreement with the school district.

AB199, s. 85 Section 85. 121.78 (4) of the statutes is amended to read:

AB199,45,15 121.78 (4) Court-ordered educational services. If a pupil is receiving educational services as the result of a court order under s. 48.345 (12) or 938.34 (7d), the school board of the school district in which the pupil resided at the time of issuance of the court order shall pay tuition for the pupil. A school board paying tuition for a pupil under this subsection shall count the pupil as 1.0 pupil in membership for general aid under subch. II. The school board shall pay each agency specified under s. 48.345 (12) (a) 2. to 4. or 938.34 (7d) (a) 2. to 4., for each full-time equivalent pupil served by the agency, an amount equal to at least 80% of the average per pupil cost for the school district. No state aid may be paid to the technical college district for pupils attending the technical college under s. 48.345 (12) (a) 4. or 938.34 (7d) (a) 4. The minimum amount paid by a school board to a tribal school specified under s. 48.345 (12) (a) 5. or 938.34 (7d) (a) 5., for each full-time equivalent pupil served by the tribal school, shall be determined by multiplying the average per pupil cost for the school district by 0.8 and then subtracting any federal or state aid received by the tribal school for the pupil.

Note: Amends this provision to reflect the amendments which add s. 48.345 (12) (a) 5., stats., above, and s. 938.34 (7d) (a) 5., stats., below, which permit a court to require in a CHIPS, juvenile in need of protection or services (JIPS), or delinquency dispositional order an educational placement at a tribal school that must be paid for by the school district. Under current law, a school board must pay an agency providing such services, other than a technical college, at least 80% of the average per pupil cost for the school district. This is the minimum amount that must be specified in the contract between the school board and agency. The agency of service must rebate all federal and state aid received for that pupil under s. 121.76 (2) (c), stats.

The bill specifies that if a tribal school is providing a court-ordered educational placement for a pupil under an agreement with the school district, the minimum amount paid by the school board to the tribal school must be determined by multiplying the average per pupil cost of the school district times 0.80 and then subtracting all federal and state aid received by the tribal school for that pupil.

AB199, s. 86 Section 86. 121.78 (5) of the statutes is created to read:

AB199,46,4 121.78 (5) Alternative programs. If a pupil is placed in an alternative program under s. 118.15 (1) (d) 4., the school board shall pay tuition to the agency of service pursuant to a contractual agreement between the school board and the agency of service. If the agency of service is a tribal school, any federal or state aid received by the tribal school for the pupil shall be subtracted in determining the amount of aid to be paid.

Note: The bill provides that if a school board approves a curriculum modification allowing a pupil to attend a nonsectarian private school or tribal school at school district expense and pursuant to an agreement between the school board and the private school or tribal school, the school board pays tuition pursuant to an agreement with the private school or tribal school. The bill requires such an agreement with a tribal school to provide for subtracting the amount of federal and state aid received for the pupil in determining the amount of tuition paid by the school district to the tribal school. The bill is silent with respect to private schools in this regard, as private schools are required to rebate any such payment under s. 121.76 (2) (c), stats.

AB199, s. 87 Section 87. 125.09 (2) (a) 2. of the statutes is amended to read:

AB199,46,10 125.09 (2) (a) 2. "School" means a public, school, a parochial or private school, or a tribal school, as defined in s. 115.001 (16), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

Note: Includes tribal school in the definition of "school" for purposes of the statute that restricts possession of alcohol beverages on school premises. Violation of this statute or an ordinance adopted in conformity with this statute has consequences under various statutes, with special provisions applying to juveniles.

AB199, s. 88 Section 88. 125.68 (3) (intro.) of the statutes is amended to read:

AB199,47,2 125.68 (3) Restrictions on location. (intro.) No "Class A" or "Class B" license or permit may be issued for premises the main entrance of which is less than 300 feet from the main entrance of any public or parochial school, any tribal school, as defined in s 115.001 (16), any hospital, or any church, except that this prohibition may be waived by a majority vote of the governing body of the municipality in which the premises is located. The distance shall be measured by the shortest route along the highway from the main entrance of the school, church, or hospital to the main entrance of the premises covered by the license or permit. The prohibition in this subsection does not apply to any of the following:

Note: Includes tribal schools in the statute that generally restricts the location of the premises for which a class A or class B liquor license is issued from being within 300 feet from the main entrance of a school.

AB199, s. 89 Section 89. 252.15 (1) (ab) and (2) (a) 7. a. of the statutes are amended to read:

AB199,47,13 252.15 (1) (ab) "Affected person" means an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper; health care provider; employee of a health care provider; staff member of a state crime laboratory; social worker; or employee of a school district, cooperative educational service agency, charter school, private school, tribal school, as defined in s. 115.001 (16), the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired.

AB199,48,12 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper, during the course of providing care or services to an individual; a peace officer, correctional officer, state patrol officer, jailer, or keeper of a jail, or person designated with custodial authority by the jailer or keeper, while searching or arresting an individual or while controlling or transferring an individual in custody; a health care provider or an employee of a health care provider, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; a staff member of a state crime laboratory, during the course of handling or processing specimens of body fluids or tissues of an individual; social worker; or an employee of a school district, cooperative educational service agency, charter school, private school, tribal school, as defined in s. 115.001 (16), the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired, while performing employment duties involving an individual; who is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

Note: While the results of human immunodeficiency virus (HIV) tests are generally confidential, this amendment includes tribal school employees in the category of persons who, when significantly exposed to an individual (for example, by contact with the individual's blood) may require HIV testing of the individual and receive the results of the test.

AB199, s. 90 Section 90. 255.30 (4) of the statutes is amended to read:

AB199,48,17 255.30 (4) The state superintendent of public instruction shall prepare and circulate to each public and private educational institution and to each tribal school, as defined in s. 115.001 (16), in this state instructions and recommendations for implementing the eye safety provisions of this section.

Note: Requires the state superintendent to provide information about eye safety to tribal schools, in addition to the other entities specified in current law.

AB199, s. 91 Section 91. 301.45 (1d) (c) of the statutes is amended to read:

AB199,49,2 301.45 (1d) (c) "Student" means a person who is enrolled on a full-time or part-time basis in any public or, private , or tribal educational institution, including a secondary school, a business, trade, technical or vocational school, or an institution of higher education.

Note: Amends the definition of "student" for the purpose of the sex offender registration law to also include students at a tribal educational institution, which would include tribal colleges as well as tribal schools. The registration and reporting requirements apply to state residents, persons employed or carrying on a vocation in this state, and students attending school in this state.

AB199, s. 92 Section 92. 301.46 (4) (a) 1. of the statutes is amended to read:

AB199,49,5 301.46 (4) (a) 1. A public or private elementary or secondary school or a tribal school, as defined in s. 115.001 (16).

Note: Adds tribal schools to the list of those who may request information about persons on the sex offender registry.

AB199, s. 93 Section 93. 343.06 (1) (c) of the statutes is amended to read:

AB199,50,9 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency, or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools or tribal schools, defined in s. 115.011 (16), that meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1g). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

Note: Allows an individual age 16 or 17 to obtain a driver's license if the individual has taken a driver training course at a tribal school if the course meets DPI minimum standards and all other license criteria are met. See s. 115.28 (11), stats., above, and s. 343.16 (1) (c) 3., stats., below.

AB199, s. 94 Section 94. 343.07 (1c) of the statutes is amended to read:

AB199,50,17 343.07 (1c) Definition. In this section, "qualified instructor" means a person employed by a public or private school or by a tribal school, as defined in s. 115.001 (16), holding an operator's license and meeting the teaching certification standards of the department of public instruction or the technical college system board to teach driver education, or an instructor of a school licensed under s. 343.61, or a teacher or student teacher in a driver education course for teachers conducted by an institution of higher education.

Note: Provides that an individual meeting certain credentials and employed by a tribal school is considered to be a qualified instructor to teach a driver education course for purposes of the state driver's license statutes.

AB199, s. 95 Section 95. 343.16 (1) (c) 3. of the statutes is amended to read:

AB199,50,21 343.16 (1) (c) 3. A course in driver education in nonpublic and private schools or tribal schools, as defined in s. 115.001 (16), that meets the minimum standards set by the department of public instruction.

Note: Permits an instructor of a driver education course in a tribal school to administer part of the driver's examination. See s. 343.06 (1) (c), stats., above.

AB199, s. 96 Section 96. 447.06 (2) (a) 2. of the statutes is amended to read:

AB199,51,3 447.06 (2) (a) 2. For a school board or a governing body of a private school or of a tribal school, as defined in s. 115.001 (16).

Note: Current law limits where a dental hygienist may practice. This provision additionally permits a dental hygienist to be employed at or independently contract with a tribal school.

AB199, s. 97 Section 97. 895.48 (1m) (a) (intro.) of the statutes is amended to read:

AB199,51,15 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued a certificate under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (16), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

Note: Current law specifies, in pertinent part, that certain health care providers who render free health care at an athletic event at a private school are immune from liability for acts and omissions. The bill extends the immunity under state law if care is rendered at a tribal school's athletic event. Adding immunity under this provision also permits the health care provider who has been significantly exposed to the emergency victim to get the results of HIV tests. Extending immunity under state law does not affect whatever right to immunity may be provided under the laws of that tribe.

AB199, s. 98 Section 98. 895.515 (2) of the statutes is amended to read:

AB199,52,7 895.515 (2) Any person engaged in the sale or use of commercial equipment or technology, for profit or not for profit, who donates any commercial equipment or technology to a public or private elementary or secondary school, a tribal school, as defined in s. 115.001 (16), or an institution of higher education or who accepts reimbursement in an amount not to exceed overhead and transportation costs for any commercial equipment or technology provided to a public or private elementary or secondary school, to a tribal school, or to an institution of higher education is immune from civil liability for the death of or injury to an individual caused by the commercial equipment or technology.

Note: Current law specifies, in pertinent part, that certain individuals who donate commercial equipment or technology to a private school are immune from civil liability under state law for death or injury caused by the donated equipment or technology. This amendment extends the immunity under state law if the donation is made to a tribal school. Extending immunity under state law does not affect whatever right to immunity may be provided under the laws of that tribe.

AB199, s. 99 Section 99. 938.02 (18e) of the statutes is created to read:

AB199,52,9 938.02 (18e) "Tribal school" has the meaning given in s. 115.001 (16).

AB199, s. 100 Section 100. 938.34 (7d) (a) 5. of the statutes is created to read:

AB199,52,12 938.34 (7d) (a) 5. Under a contractual agreement with the school district in which the child resides, an educational program provided by a tribal school.

AB199, s. 101 Section 101. 938.34 (7d) (c) of the statutes is amended to read:

AB199,52,19 938.34 (7d) (c) The court shall order the county department or licensed child welfare agency responsible for supervising the juvenile to disclose to the school board, technical college district board, tribal school, or private, nonprofit, nonsectarian agency which is providing an educational program under par. (a) 3. records or information about the juvenile, as necessary to assure the provision of appropriate educational services under par. (a).

Note: Under current law, a delinquency dispositional order, JIPS dispositional order, or a habitual truancy ordinance violation dispositional order may include an order that a juvenile 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 938.34 (7d) (a) 5., stats., specifies that the court is permitted to order a juvenile to attend a tribal school if the school district has a contract with the tribal school for such placements. Section 938.34 (7d) (c), stats., requires the court to order the supervising agency to disclose information to the tribal school necessary to assure the provision of appropriate educational services. Also see ss. 48.345 (12) (a) 5. and (c) and 121.78 (4), stats., above.

AB199, s. 102 Section 102. 938.34 (14t) of the statutes is amended to read:

AB199,53,16 938.34 (14t) Possession of a controlled substance or controlled substance analog on or near certain premises. If the juvenile is adjudicated delinquent under a violation of s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II under ch. 961, a controlled substance analog of a controlled substance included in schedule I or II under ch. 961 or ketamine or flunitrazepam while in or on the premises of a scattered-site public housing project, as defined in s. 961.01 (20i), while in or on or otherwise within 1,000 feet of a state, county, city, village, or town park, a jail or correctional facility, as defined in s. 961.01 (12m), a multiunit public housing project, as defined in s. 961.01 (14m), a swimming pool open to members of the public, a youth center, as defined in s. 961.01 (22), or a community center, while in or on or otherwise within 1,000 feet of any private, tribal, or public school premises, or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall require that the juvenile participate for 100 hours in a supervised work program or other community service work under sub. (5g).

Note: Current statutes provide that if a juvenile is adjudicated delinquent for possessing certain drugs on the premises of or within 1,000 feet of a school, the juvenile court must impose 100 hours of community service work for a public agency or a nonprofit charitable organization in addition to other penalties the court imposes. The bill specifies that the penalty enhancement also applies for possession on or within 1,000 feet of the premises of a tribal school.

AB199, s. 103 Section 103. 938.342 (1r) of the statutes is amended to read:

AB199,54,6 938.342 (1r) School attendance condition. If school attendance is a condition of an order under sub. (1d) or (1g), the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district, or the governing body of the private school, in which the person is enrolled, or shall request the governing body of the tribal school in which the person is enrolled, to notify the court or, if the person is under the supervision of an agency under sub. (1g) (j), the agency that is responsible for supervising the person, within 5 days after any violation of the condition by the person.

Note: Under s. 938.342 (1d) and (1g), stats., a court that determined that a juvenile violated a school truancy or habitual truancy ordinance may order the juvenile to attend school. If school attendance is required, current law requires the court to order the school board or the governing body of a private school to notify the court within 5 days of a violation of this condition. The bill requires that the court order request that a tribal school do so.

AB199, s. 104 Section 104. 938.355 (2) (c) of the statutes is amended to read:

AB199,54,14 938.355 (2) (c) If school attendance is a condition of an order under par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled, or shall request the governing body of the tribal school in which the juvenile is enrolled, to notify the county department that is responsible for supervising the juvenile within 5 days after any violation of the condition by the juvenile.

Note: Under s. 938.355 (2) (b) 7., stats., a delinquency or JIPS dispositional order may state the conditions with which the juvenile 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 this condition. The bill requires that the court order request that a tribal school do so.