AB199,46,417
121.78
(5) Alternative programs. If a pupil is placed in an alternative program
18under s. 118.15 (1) (d) 4., the school board shall pay tuition to the agency of service
1pursuant to a contractual agreement between the school board and the agency of
2service. If the agency of service is a tribal school, any federal or state aid received
3by the tribal school for the pupil shall be subtracted in determining the amount of
4aid 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
5Section
87. 125.09 (2) (a) 2. of the statutes is amended to read:
AB199,46,106
125.09
(2) (a) 2. "School" means a public
, school, a parochial or private school
,
7or a tribal school, as defined in s. 115.001 (16), which provides an educational
8program for one or more grades between grades 1 and 12 and which is commonly
9known as an elementary school, middle school, junior high school, senior high school
, 10or 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
11Section
88. 125.68 (3) (intro.) of the statutes is amended to read:
AB199,47,212
125.68
(3) Restrictions on location. (intro.) No "Class A" or "Class B" license
13or permit may be issued for premises the main entrance of which is less than 300 feet
14from the main entrance of any public or parochial school,
any tribal school, as defined
15in s 115.001 (16), any hospital
, or
any church, except that this prohibition may be
16waived by a majority vote of the governing body of the municipality in which the
17premises is located. The distance shall be measured by the shortest route along the
18highway from the main entrance of the school, church
, or hospital to the main
1entrance of the premises covered by the license or permit. The prohibition in this
2subsection 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
3Section
89. 252.15 (1) (ab) and (2) (a) 7. a. of the statutes are amended to read:
AB199,47,134
252.15
(1) (ab) "Affected person" means an emergency medical technician; first
5responder; fire fighter; peace officer; correctional officer; person who is employed at
6a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential
7care center for children and youth, as defined in s. 938.02 (15g); state patrol officer;
8jailer, keeper of a jail, or person designated with custodial authority by the jailer or
9keeper; health care provider; employee of a health care provider; staff member of a
10state crime laboratory; social worker; or employee of a school district, cooperative
11educational service agency, charter school, private school,
tribal school, as defined
12in s. 115.001 (16), the Wisconsin Educational Services Program for the Deaf and
13Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired.
AB199,48,12
14(2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency
15medical technician; first responder; fire fighter; peace officer; correctional officer;
16person who is employed at a juvenile correctional facility, as defined in s. 938.02
17(10p), or a secured residential care center for children and youth, as defined in s.
18938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with
19custodial authority by the jailer or keeper, during the course of providing care or
20services to an individual; a peace officer, correctional officer, state patrol officer,
21jailer, or keeper of a jail, or person designated with custodial authority by the jailer
22or keeper, while searching or arresting an individual or while controlling or
23transferring an individual in custody; a health care provider or an employee of a
1health care provider, during the course of providing care or treatment to an
2individual or handling or processing specimens of body fluids or tissues of an
3individual; a staff member of a state crime laboratory, during the course of handling
4or processing specimens of body fluids or tissues of an individual; social worker; or
5an employee of a school district, cooperative educational service agency, charter
6school, private school,
tribal school, as defined in s. 115.001 (16), the Wisconsin
7Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin
8Center for the Blind and Visually Impaired, while performing employment duties
9involving an individual; who is significantly exposed to the individual may subject
10the individual's blood to a test or a series of tests for the presence of HIV, antigen or
11nonantigenic products of HIV or an antibody to HIV and may receive disclosure of
12the 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
13Section
90. 255.30 (4) of the statutes is amended to read:
AB199,48,1714
255.30
(4) The state superintendent of public instruction shall prepare and
15circulate to each public and private educational institution
and to each tribal school,
16as defined in s. 115.001 (16), in this state instructions and recommendations for
17implementing 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
18Section
91. 301.45 (1d) (c) of the statutes is amended to read:
AB199,49,219
301.45
(1d) (c) "Student" means a person who is enrolled on a full-time or
20part-time basis in any public
or, private
, or tribal educational institution, including
1a secondary school, a business, trade, technical or vocational school
, or an institution
2of 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
3Section
92. 301.46 (4) (a) 1. of the statutes is amended to read:
AB199,49,54
301.46
(4) (a) 1. A public or private elementary or secondary school
or a tribal
5school, 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
6Section
93. 343.06 (1) (c) of the statutes is amended to read:
AB199,50,97
343.06
(1) (c) To any person under age 18 unless the person is enrolled in a
8school program or high school equivalency program and is not a habitual truant as
9defined in s. 118.16 (1) (a), has graduated from high school or been granted a
10declaration of high school graduation equivalency, or is enrolled in a home-based
11private educational program, as defined in s. 115.001 (3g), and has satisfactorily
12completed a course in driver education in public schools approved by the department
13of public instruction, or in technical colleges approved by the technical college system
14board, or in nonpublic and private schools
or tribal schools, defined in s. 115.011 (16), 15that meet the minimum standards set by the department of public instruction, or has
16satisfactorily completed a substantially equivalent course in driver training
17approved by the department and given by a school licensed by the department under
18s. 343.61, or has satisfactorily completed a substantially equivalent course in driver
19education or training approved by another state and has attained the age of 16,
20except as provided in s. 343.07 (1g). The department shall not issue a license to any
21person under the age of 18 authorizing the operation of "Class M" vehicles unless the
1person has successfully completed a basic rider course approved by the department.
2The department may, by rule, exempt certain persons from the basic rider course
3requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135
4are exempt from the driver education, basic rider or driver training course
5requirement. The secretary shall prescribe rules for licensing of schools and
6instructors to qualify under this paragraph. The driver education course shall be
7made available to every eligible student in the state. Except as provided under s.
8343.16 (1) (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's
9examination 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
10Section
94. 343.07 (1c) of the statutes is amended to read:
AB199,50,1711
343.07
(1c) Definition. In this section, "qualified instructor" means a person
12employed by a public or private school
or by a tribal school, as defined in s. 115.001
13(16), holding an operator's license and meeting the teaching certification standards
14of the department of public instruction or the technical college system board to teach
15driver education, or an instructor of a school licensed under s. 343.61, or a teacher
16or student teacher in a driver education course for teachers conducted by an
17institution 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
18Section
95. 343.16 (1) (c) 3. of the statutes is amended to read:
AB199,50,2119
343.16
(1) (c) 3. A course in driver education in nonpublic and private schools
20or tribal schools, as defined in s. 115.001 (16), that meets the minimum standards
21set 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
1Section
96. 447.06 (2) (a) 2. of the statutes is amended to read:
AB199,51,32
447.06
(2) (a) 2. For a school board or a governing body of a private school
or
3of 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
4Section
97. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
AB199,51,155
895.48
(1m) (a) (intro.) Except as provided in par. (b), any physician or athletic
6trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed
7under ch. 447, emergency medical technician licensed under s. 146.50, first
8responder certified under s. 146.50 (8), physician assistant licensed under ch. 448,
9registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued
10a certificate under ch. 460 who renders voluntary health care to a participant in an
11athletic event or contest sponsored by a nonprofit corporation, as defined in s.
1266.0129 (6) (b), a private school, as defined in s. 115.001 (3r),
a tribal school, as
13defined in s. 115.001 (16), a public agency, as defined in s. 46.856 (1) (b), or a school,
14as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or
15omissions 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
16Section
98. 895.515 (2) of the statutes is amended to read:
AB199,52,717
895.515
(2) Any person engaged in the sale or use of commercial equipment or
18technology, for profit or not for profit, who donates any commercial equipment or
1technology to a public or private elementary or secondary school
, a tribal school, as
2defined in s. 115.001 (16), or an institution of higher education or who accepts
3reimbursement in an amount not to exceed overhead and transportation costs for any
4commercial equipment or technology provided to a public or private elementary or
5secondary school
, to a tribal school, or to an institution of higher education is immune
6from civil liability for the death of or injury to an individual caused by the commercial
7equipment 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
8Section
99. 938.02 (18e) of the statutes is created to read:
AB199,52,99
938.02
(18e) "Tribal school" has the meaning given in s. 115.001 (16).
AB199, s. 100
10Section
100. 938.34 (7d) (a) 5. of the statutes is created to read:
AB199,52,1211
938.34
(7d) (a) 5. Under a contractual agreement with the school district in
12which the child resides, an educational program provided by a tribal school.
AB199, s. 101
13Section
101. 938.34 (7d) (c) of the statutes is amended to read:
AB199,52,1914
938.34
(7d) (c) The court shall order the county department or licensed child
15welfare agency responsible for supervising the juvenile to disclose to the school
16board, technical college district board
, tribal school, or private, nonprofit,
17nonsectarian agency which is providing an educational program under par. (a) 3.
18records or information about the juvenile, as necessary to assure the provision of
19appropriate 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
1Section
102. 938.34 (14t) of the statutes is amended to read:
AB199,53,162
938.34
(14t) Possession of a controlled substance or controlled substance
3analog on or near certain premises. If the juvenile is adjudicated delinquent under
4a violation of s. 961.41 (3g) by possessing or attempting to possess a controlled
5substance included in schedule I or II under ch. 961, a controlled substance analog
6of a controlled substance included in schedule I or II under ch. 961 or ketamine or
7flunitrazepam while in or on the premises of a scattered-site public housing project,
8as defined in s. 961.01 (20i), while in or on or otherwise within 1,000 feet of a state,
9county, city, village
, or town park, a jail or correctional facility, as defined in s. 961.01
10(12m), a multiunit public housing project, as defined in s. 961.01 (14m), a swimming
11pool open to members of the public, a youth center, as defined in s. 961.01 (22), or a
12community center, while in or on or otherwise within 1,000 feet of any private
, tribal, 13or public school premises
, or while in or on or otherwise within 1,000 feet of a school
14bus, as defined in s. 340.01 (56), the court shall require that the juvenile participate
15for 100 hours in a supervised work program or other community service work under
16sub. (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
17Section
103. 938.342 (1r) of the statutes is amended to read:
AB199,54,618
938.342
(1r) School attendance condition. If school attendance is a condition
19of an order under sub. (1d) or (1g), the order shall specify what constitutes a violation
1of the condition and shall direct the school board of the school district
, or the
2governing body of the private school
, in which the person is enrolled
, or shall request
3the governing body of the tribal school in which the person is enrolled, to notify the
4court or, if the person is under the supervision of an agency under sub. (1g) (j), the
5agency that is responsible for supervising the person, within 5 days after any
6violation 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
7Section
104. 938.355 (2) (c) of the statutes is amended to read:
AB199,54,148
938.355
(2) (c) If school attendance is a condition of an order under par. (b) 7.,
9the order shall specify what constitutes a violation of the condition and shall direct
10the school board of the school district
, or the governing body of the private school
, in
11which the juvenile is enrolled
, or shall request the governing body of the tribal school
12in which the juvenile is enrolled, to notify the county department that is responsible
13for supervising the juvenile within 5 days after any violation of the condition by the
14juvenile.
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.
AB199, s. 105
15Section
105. 938.396 (1) (b) 2. of the statutes is amended to read:
AB199,55,316
938.396
(1) (b) 2. The confidential exchange of information between a law
17enforcement agency and officials of the
public or private school attended by the
18juvenile. A public school official who obtains information under this subdivision
19shall keep the information confidential as required under s. 118.125, and a private
1school official who obtains information under this subdivision shall keep the
2information confidential in the same manner as is required of a public school official
3under s. 118.125.
AB199, s. 106
4Section
106
. 938.396 (1) (b) 2m. of the statutes is created to read:
AB199,55,105
938.396
(1) (b) 2m. The confidential exchange of information between a law
6enforcement agency and officials of the tribal school attended by the juvenile if the
7law enforcement agency determines that enforceable protections are provided by a
8tribal school policy or tribal law that requires tribal school officials to keep the
9information confidential in a manner at least as stringent as is required of a public
10school official under s. 118.125.
Note: Under current law, subject to certain exceptions, law enforcement records
relating to juveniles under ch. 938, stats. (juvenile justice code), are confidential. One
of the exceptions is for the confidential exchange of information between a law
enforcement agency and school officials. However, current law requires that public school
officials who obtain information under this exception 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 exception
keep the information confidential in the same manner as is required of a public school
official.
Section 106 permits a law enforcement agency to confidentially exchange
information with tribal school officials if the law enforcement 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. 107
11Section
107. 938.396 (1) (c) 3. (intro.), a., c. and d. and 4. of the statutes are
12amended to read:
AB199,56,613
938.396
(1) (c) 3. (intro.)
A law enforcement agency, on its own initiative or on 14At the request of
the a school district administrator
of a public school district, the, 15administrator of a private school,
or administrator of a tribal school, or
the designee
16of
the a school district administrator
or the, private school administrator,
or tribal
17school administrator, or on its own initiative, a law enforcement agency may, subject
18to official agency policy, provide to the school district administrator, private school
1administrator,
or tribal school administrator or designee, for use as provided in s.
2118.127 (2), any information in its records relating to any of the following
if the
3official agency policy specifies that the information may not be provided to an
4administrator of a tribal school or a tribal school administrator's designee unless the
5governing body of the tribal school agrees that the information will be used by the
6tribal school as provided in s. 118.127 (2):
AB199,56,97
a. The use, possession, or distribution of alcohol or a controlled substance or
8controlled substance analog by a juvenile enrolled in the public school district
or, 9private school
, or tribal school.
AB199,56,1310
c. An act for which a juvenile enrolled in the school district
or, private school
,
11or tribal school was taken into custody under s. 938.19 based on a law enforcement
12officer's belief that the juvenile was committing or had committed a violation of any
13state or federal criminal law.
AB199,56,1514
d. An act for which a juvenile enrolled in the public school district
or, private
15school
, or tribal school was adjudged delinquent.
AB199,56,2016
4. A law enforcement agency may enter into an interagency agreement with a
17school board, a private school,
a tribal school, a social welfare agency, or another law
18enforcement agency providing for the routine disclosure of information under subs.
19(1) (b) 2.
and 2m. and (c) 3. to the school board, private school,
tribal school, social
20welfare agency, or other law enforcement agency.
Note: Under current law, a law enforcement agency may, on its own initiative or
on the request of a public or private school, disclose certain information to the public or
private school. The school is then required to use the information as provided in s. 118.127
(2), stats., which generally prohibits disclosure except to certain individuals. The law
enforcement agency may do so only subject to official agency policy.
The bill permits a law enforcement agency to also disclose information, on its own
initiative or on request, to a tribal school but requires that the law enforcement agency
policy specify that the law enforcement agency cannot provide information 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., above. The bill also permits a law enforcement agency to
enter into an interagency agreement with a tribal school to disclose information under
s. 938.396 (1) (b) 2m. and (c) 3., stats.
AB199, s. 108
1Section
108. 938.396 (2g) (m) of the statutes is amended to read:
AB199,57,142
938.396
(2g) (m)
Notification of juvenile's school. 1. If a petition under s. 938.12
3or 938.13 (12) is filed alleging that a juvenile has committed a delinquent act that
4would be a felony if committed by an adult, the court clerk shall notify the school
5board of the school district,
or the governing body of the private school,
or the
6governing body of the tribal school in which the juvenile is enrolled or the designee
7of the school board or governing body of the fact that the petition has been filed and
8the nature of the delinquent act alleged in the petition. If later the proceeding on the
9petition is closed, dismissed, or otherwise terminated without a finding that the
10juvenile has committed a delinquent act, the court clerk shall notify the school board
11of the school district
, or the governing body of the private school
, or tribal school in
12which the juvenile is enrolled or the designee of the school board or governing body
13that the proceeding has been terminated without a finding that the juvenile has
14committed a delinquent act.
AB199,57,2115
2. Subject to subd. 4., if a juvenile is adjudged delinquent, within 5 days after
16the date on which the dispositional order is entered, the court clerk shall notify the
17school board of the school district,
or the governing body of the private school,
or the
18governing body of the tribal school in which the juvenile is enrolled or the designee
19of the school board or governing body of the fact that the juvenile has been
20adjudicated delinquent, the nature of the violation committed by the juvenile, and
21the disposition imposed on the juvenile under s. 938.34 as a result of the violation.
AB199,58,622
3. If school attendance is a condition of a dispositional order under s. 938.342
23(1d) or (1g) or 938.355 (2) (b) 7., within 5 days after the date on which the dispositional
1order is entered, the clerk of the court assigned to exercise jurisdiction under this
2chapter and ch. 48 or the clerk of the municipal court exercising jurisdiction under
3s. 938.17 (2) shall notify the school board of the school district,
or the governing body
4of the private school,
or the governing body of the tribal school in which the juvenile
5is enrolled or the designee of the school board or governing body of the fact that the
6juvenile's school attendance is a condition of a dispositional order.
AB199,58,167
4. If a juvenile is found to have committed a delinquent act at the request of or
8for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been
9a felony under chs. 939 to 948 or 961 if committed by an adult and is adjudged
10delinquent on that basis, within 5 days after the date on which the dispositional
11order is entered
, the court clerk shall notify the school board of the school district,
12or the governing body of the private school,
or the governing body of the tribal school 13in which the juvenile is enrolled or the designee of the school board or governing body
14of the fact that the juvenile has been adjudicated delinquent on that basis, the nature
15of the violation committed by the juvenile, and the disposition imposed on the
16juvenile under s. 938.34 as a result of that violation.
AB199,59,417
5. In addition to the disclosure made under subd. 2. or 4., if a juvenile is
18adjudicated delinquent and as a result of the dispositional order is enrolled in a
19different school district
or, private school
, or tribal school from the school district
or, 20private school
, or tribal school in which the juvenile is enrolled at the time of the
21dispositional order, the court clerk, within 5 days after the date on which the
22dispositional order is entered, shall provide the school board of the juvenile's new
23school district, the governing body of the juvenile's new private school,
or the
24governing body of the tribal school or the designee of the school board or governing
25body with the information specified in subd. 2. or 4., whichever is applicable, and, in
1addition, shall notify that school board, governing body, or designee of whether the
2juvenile has been adjudicated delinquent previously by that court, the nature of any
3previous violations committed by the juvenile, and the dispositions imposed on the
4juvenile under s. 938.34 as a result of those previous violations.
AB199,60,115
6. Except as required under subds. 1. to 5. or by order of the court, no
6information from the juvenile's court records may be disclosed to the school board of
7the school district,
or the governing body of the private school,
or the governing body
8of the tribal school in which the juvenile is enrolled or the designee of the school board
9or governing body. Any information from a juvenile's court records provided to the
10school board of the school district
, or the governing body of the private school
, in
11which the juvenile is enrolled or the designee of the school board or governing body
12shall be disclosed by the school board, governing body, or designee to employees of
13the school district or private school who work directly with the juvenile or who have
14been determined by the school board, governing body, or designee to have legitimate
15educational interests, including safety interests, in the information. A school district
16or private school employee to whom that information is disclosed may not further
17disclose the information.
If information is disclosed to the governing body of a tribal
18school under this subdivision, the court shall request that the governing body of the
19tribal school or its designee disclose the information to employees who work directly
20with the juvenile or who have been determined by the governing body or its designee
21to have legitimate educational interests, including safety interests, in the
22information, and shall further request that the governing body prohibit any
23employee to whom information is disclosed under this subdivision from further
24disclosing the information. A school board may not use any information from a
25juvenile's court records as the sole basis for expelling or suspending a juvenile or as
1the sole basis for taking any other disciplinary action, including action under the
2school district's athletic code, against the juvenile. A member of a school board or of
3the governing body of a private school
or tribal school or an employee of a school
4district
or, private school
, or tribal school may not be held personally liable for any
5damages caused by the nondisclosure of any information specified in this subdivision
6unless the member or employee acted with actual malice in failing to disclose the
7information. A school district
or, private school
, or tribal school may not be held liable
8for any damages caused by the nondisclosure of any information specified in this
9subdivision unless the school district, private school,
or tribal school or its agent
10acted with gross negligence or with reckless, wanton, or intentional misconduct in
11failing to disclose the information.
Note: Under current law, juvenile court records relating to ch. 938 proceedings are
confidential unless an exception is specified in the statutes. Those exceptions include a
requirement that the clerk of juvenile court notify the school board of the school district
or the governing body of a private school, or their designee, of certain matters relating
to a juvenile delinquency or JIPS proceeding or adjudication. The bill additionally
requires that the clerk notify the governing body of a tribal school, or its designee, of those
matters.
Current law requires that the school board or governing body of a private school
disclose this information to employees who work directly with the juvenile or who have
been determined by the governing body, or its designee, to have legitimate educational
interests, including safety interests, in the information. Current law prohibits the
employee from further disclosing this information. The bill requires the court to request
that the governing body of a tribal school, or its designee, disclose the information to those
employees and request that the governing body prohibit those employees from further
disclosing the information. The bill extends the immunity protections under state law
to employees of the tribal school.
Extending the immunity protections to employees of the tribal school does not
affect whatever right tribal school employees have to raise a defense of tribal sovereign
immunity if sued for redisclosure of the information.
AB199, s. 109
12Section
109. 938.78 (2) (b) of the statutes is amended to read:
AB199,61,1413
938.78
(2) (b) 1. Paragraph (a) does not apply to the confidential exchange of
14information between an agency and another social welfare agency, a law
15enforcement agency, the victim-witness coordinator, a fire investigator under s.
16165.55 (15), a public school district or a private school regarding an individual in the
1care or legal custody of the agency. A social welfare agency that obtains information
2under this paragraph shall keep the information confidential as required under this
3section and s. 48.78. A law enforcement agency that obtains information under this
4paragraph shall keep the information confidential as required under ss. 48.396 (1)
5and 938.396 (1) (a). A public school that obtains information under this paragraph
6shall keep the information confidential as required under s. 118.125
, and a private
7school that obtains information under this paragraph shall keep the information
8confidential in the same manner as is required of a public school under s. 118.125.
9Paragraph (a) does not apply to the confidential exchange of information between an
10agency and officials of a tribal school regarding an individual in the care or legal
11custody of the agency if the agency determines that enforceable protections are
12provided by a tribal school policy or tribal law that requires tribal school officials to
13keep the information confidential in a manner at least as stringent as is required of
14a public school official under s. 118.125.
AB199,61,1915
1m. An agency may enter into an interagency agreement with a school board,
16a private school,
a tribal school, a law enforcement agency, or another social welfare
17agency providing for the routine disclosure of information under subd. 1. to the school
18board, private school,
tribal school, law enforcement agency, or other social welfare
19agency.
AB199,62,620
2. On petition of an agency to review pupil records, as defined in s. 118.125 (1)
21(d), other than pupil records that may be disclosed without court order under s.
22118.125 (2) or (2m), for the purpose of providing treatment or care for an individual
23in the care or legal custody of the agency, the court may order the school board of the
24school district, or the governing body of the private school, in which an individual is
25enrolled to disclose to the agency the pupil records of the individual as necessary for
1the agency to provide that treatment or care.
The court may request the governing
2body of the tribal school in which an individual is enrolled to disclose to the agency
3the pupil records of the individual as necessary for the agency to provide that
4treatment or care. The agency may use the pupil records only for the purpose of
5providing treatment or care and may make the pupil records available only to
6employees of the agency who are providing treatment or care for the individual.
Note: Section 938.78, stats., provides that, subject to certain exceptions, the
department of corrections, a county department of human services or county department
of social services, or a licensed child welfare agency (collectively referred to as agency)
must keep its ch. 938 records confidential. Section 938.78 (2) (b), stats., provides the
exception that 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 a tribal
school 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. The bill also permits interagency agreements for the disclosure of information
to include tribal schools and permits the court to request a tribal school to disclose
information necessary for the agency to provide care and treatment.
AB199, s. 110
7Section
110. 939.632 (1) (a) and (d) 3. of the statutes are amended to read:
AB199,62,128
939.632
(1) (a) "School" means a public
school, parochial or private school
, or
9tribal school, as defined in s. 115.001 (16), that provides an educational program for
10one or more grades between grades 1 and 12 and that is commonly known as an
11elementary school, middle school, junior high school, senior high school
, or high
12school.
AB199,62,1513
(d) 3. On a school bus or public transportation transporting students to and
14from a public or private school
or to and from a tribal school, as defined in s. 115.001
15(16).