November 29, 2017 - Introduced by Representatives Thiesfeldt, Kremer, Quinn,
Weatherston, Sanfelippo, Jacque, Kuglitsch, Duchow, Skowronski,
Horlacher, Allen, Tusler, Brandtjen, Petersen, Schraa and Wichgers.
Referred to Committee on Judiciary.
AB693,1,11 1An Act to renumber and amend 115.38 (1) (b) 2., 118.125 (3), 118.164 (3) (a)
24. and 118.21 (1); to amend 118.125 (1) (a), 118.125 (3) (title), 118.127, 118.60
3(7) (b) 7. b., 119.23 (7) (b) 7. b., 120.13 (1) (b) 2. (intro.), 120.13 (1) (b) 4., 938.396
4(1) (a), 938.396 (1) (c) 3. (intro.), 938.396 (1) (c) 3. a., 938.396 (1) (c) 3. c., 938.396
5(1) (c) 3. d., 938.396 (1) (c) 4. and 938.396 (1) (d); and to create 115.28 (54t),
6118.125 (1) (bc), 118.125 (1m), 118.125 (2) (dm), 118.125 (3) (b) 2., 118.1255,
7118.129, 118.164 (3) (am) 1., 118.164 (3) (am) 2., 118.164 (3) (am) 3., 118.21 (1)
8(b), 118.40 (4) (ar) 3., 118.60 (1) (ae), 118.60 (7) (b) 4m., 118.60 (7) (b) 5m., 118.60
9(7) (b) 7m., 119.16 (16), 119.23 (1) (aem), 119.23 (7) (b) 4m., 119.23 (7) (b) 5m.,
10119.23 (7) (b) 7m., 120.12 (24m), 120.12 (29), 120.13 (1) (a) 5. and 938.396 (1)
11(cm) of the statutes; relating to: rights of and protections for teachers.
Analysis by the Legislative Reference Bureau
Duty to report
This bill generally requires a law enforcement agency to report to the
administrator of a school district, charter school, or private school certain

information when the agency learns that a pupil who is enrolled in the school is taken
into custody in connection with a felony or violent misdemeanor. The law
enforcement agency must provide this information to the school within 24 hours
after determining the school the pupil attends. The bill also requires the school board
of a school district and the governing body of a private or charter school to notify a
teacher who is working directly with a pupil who is the subject of such a record as
soon as practicable and, if possible, prior to the pupil attending the teacher's class.
Finally, the bill requires the principal or administrator of a public, private, or charter
school to notify a law enforcement agency within 24 hours after learning of a physical
assault or violent crime towards a person by a pupil that takes place at school or at
a school-sponsored activity if requested by a witness to or adult victim of the
incident.
Notice of teacher rights and protections
This bill creates and modifies certain rights and protections for teachers and
requires the Department of Public Instruction to include on its Internet site a
summary of the laws governing these rights and protections, which include the
following:
1. The right of a teacher to remove a pupil from a classroom under certain
circumstances for a period of two consecutive days.
2. The right of a teacher to receive information from a school board about a pupil
who was taken into custody based upon a law enforcement officer's belief that the
pupil was committing or had committed a felony or violent misdemeanor.
3. The right of a teacher to use reasonable and necessary force under certain
circumstances.
4. The right of a teacher to request a school board to schedule a suspension
hearing when that teacher has requested that a pupil be suspended and the
administrator of the school has denied the request. Under current law, no hearing
is required to suspend a pupil.
5. The right of a school district employee or teacher to receive assistance and
leave benefits if the teacher is injured as a result of a physical assault or violent crime
while performing work duties.
6. The right of a teacher to terminate his or her contract without penalty if the
teacher is a victim of a physical assault or violent crime while performing work
duties.
7. Civil immunity provided to a teacher under state and federal laws for certain
discretionary acts.
8. The right of a teacher to review, upon request, the behavioral records of a
pupil enrolled in the teacher's class.
Records and reporting
The bill requires each school board and independent charter school to maintain
pupil behavioral records until the pupil has graduated from high school. If the pupil
is no longer enrolled in a school in the school district and if the school district has not
received a request to transfer the pupil's records to another school, the school district
must retain the records until the pupil attains the age of 21. Current law prohibits
a school board from maintaining such records for more than one year.

The bill also requires private schools participating in the Milwaukee, Racine,
or statewide parental choice program to maintain behavioral records for each pupil
while the pupil attends the private school for the same period of time as is required
of public schools. Current law requires such private schools to maintain a pupil's
progress records while the pupil attends the private school and for at least five years
after the pupil ceases to attend the school. The bill requires a private school that is
not participating in a parental choice program to maintain pupil behavioral records
only if the private school has adopted a policy governing the maintenance of pupil
progress records and, with one exception, for the same length of time the private
school maintains the progress records. The private school is not required to maintain
a pupil's behavioral records once the pupil has graduated from the private school.
If a private school maintains behavioral records, the private school must keep the
information confidential in the same manner as is required of a public school official
who maintains behavioral records.
The bill also requires DPI to include additional information about suspensions
and expulsions in the school district report it creates for each school district,
including the number of physical assaults by pupils on teachers and other school
district employees, on other pupils, and on adults not employed by the school district.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB693,1 1Section 1. 115.28 (54t) of the statutes is created to read:
AB693,3,72 115.28 (54t) Notice of teacher rights and protections. Include on the
3department's Internet site a summary of laws governing the rights and protections
4afforded to a public school teacher under state and federal law. The state
5superintendent shall include in the summary all of the following, and shall annually
6provide electronic notice to each school board of the summary described in this
7subsection:
AB693,3,98 (a) The right of a teacher, under s. 118.164 (2), to remove a pupil from the
9classroom under certain circumstances.
AB693,4,210 (b) The right of a teacher, under s. 118.129 (3), to receive information from a
11school board about a pupil who was taken into custody based on a law enforcement

1officer's belief that the pupil was committing or had committed a felony or a
2misdemeanor under s. 939.632 (1) (e) 3.
AB693,4,43 (c) The right of a teacher, under s. 118.31 (3), to use reasonable and necessary
4force under certain circumstances.
AB693,4,65 (d) The right of a teacher, under s. 120.13 (1) (a) 5., to request a school board
6to schedule a suspension hearing.
AB693,4,107 (e) The right of a school district employee or teacher, under s. 120.12 (24m), and
8of a charter school employee or teacher, under s. 118.40 (4) (ar) 3., to receive
9assistance and leave benefits if the employee or teacher is injured as a result of a
10physical assault or violent crime while performing work duties.
AB693,4,1311 (f) The right of a teacher, under s. 118.21 (1) (b) or 119.16 (16), to terminate his
12or her contract without penalty if the teacher is a victim of a physical assault or
13violent crime while performing work duties.
AB693,4,1514(g) Civil immunity provided to a teacher by s. 893.80 (4) and by 20 USC 7941
15to 7948.
AB693,4,1716 (h) The right of a teacher, under s. 118.125 (2) (dm), to, upon request, review
17the behavioral records of a pupil enrolled in the teacher's class.
AB693,4,1818 (i) Any other information the department considers relevant.
AB693,2 19Section 2. 115.38 (1) (b) 2. of the statutes is renumbered 115.38 (1) (b) 2. (intro.)
20and amended to read:
AB693,4,2221 115.38 (1) (b) 2. (intro.) The following information about suspensions and
22expulsions:
AB693,4,23 23a. The numbers of suspensions and expulsions ; the.
AB693,5,4 24b. The reasons for which pupils are suspended or expelled, reported according
25to categories specified by the state superintendent; , and including all of the following

1categories: physical assaults on teachers; physical assaults on other school district
2employees; physical assaults on students; and physical assaults on adults not
3employed by
the school district. In this subd. 1. b., “physical assault” has the
4meaning given in s. 118.129 (1) (b).
AB693,5,7 5c. The length of time for which pupils are expelled, reported according to
6categories specified by the state superintendent; whether, including the categories
7specified under subd. 2. b.
AB693,5,8 8d. Whether pupils return to school after their expulsion; the.
AB693,5,11 9e. The educational programs and services, if any, provided to pupils during
10their expulsions, reported according to categories specified by the state
11superintendent;, including the categories specified under subd. 2. b.
AB693,5,12 12f. The schools attended by pupils who are suspended or expelled; and the.
AB693,5,14 13g. The grade, sex, and ethnicity of pupils who are suspended or expelled and
14whether the pupils are children with disabilities, as defined in s. 115.76 (5).
AB693,3 15Section 3. 118.125 (1) (a) of the statutes is amended to read:
AB693,5,2316 118.125 (1) (a) “Behavioral records" means those pupil records that include
17psychological tests, personality evaluations, records of conversations, any written
18statement relating specifically to an individual pupil's behavior, tests relating
19specifically to achievement or measurement of ability, the pupil's physical health
20records other than his or her immunization records or any lead screening records
21required under s. 254.162, law enforcement officers' records obtained under s. 48.396
22(1) or 938.396 (1) (b) 2. or, (c) 3., or (cm), and any other pupil records that are not
23progress records.
AB693,4 24Section 4. 118.125 (1) (bc) of the statutes is created to read:
AB693,6,2
1118.125 (1) (bc) “Governing board” means the governing board of a charter
2school established under s. 118.40 (2r) or (2x).
AB693,5 3Section 5. 118.125 (1m) of the statutes is created to read:
AB693,6,64 118.125 (1m) Public records laws applicable to independent charter
5schools.
The duties and responsibilities imposed under this section on school boards
6and upon a school district clerk or designee apply to a governing board.
AB693,6 7Section 6. 118.125 (2) (dm) of the statutes is created to read:
AB693,6,158 118.125 (2) (dm) 1. The school district clerk or his or her designee shall, upon
9request, make available to a person employed by the school district that the pupil
10attends and required by the department under s. 115.28 (7) to hold a license the
11behavioral records of a pupil who is enrolled in the person's class. A school district
12may not be held liable for any damages caused by the nondisclosure of any
13information specified in this subdivision unless the school district or its agent acted
14with gross negligence or with reckless, wanton, or intentional misconduct in failing
15to disclose the information.
AB693,6,2416 2. A governing board shall, upon request, make available to an instructional
17staff member employed by the charter school that the pupil attends the behavioral
18records of a pupil who is enrolled in the instructional staff member's class. In this
19subdivision, “instructional staff” has the meaning given in the rules promulgated by
20the department under s. 121.02 (1) (a) 2. The governing board may not be held liable
21for any damages caused by the nondisclosure of any information specified in this
22subdivision unless the governing board or its agent acted with gross negligence or
23with reckless, wanton, or intentional misconduct in failing to disclose the
24information.
AB693,7,9
13. The governing body of a private school that maintains behavioral records of
2pupils attending the private school as provided under s. 118.1255 or as required
3under ss. 118.60 (7) (b) 4m. and 119.23 (7) (b) 4m. shall, upon request, make available
4to a teacher employed by the private school that the pupil attends the behavioral
5records of a pupil who is enrolled in the teacher's class. The governing body of a
6private school may not be held liable for any damages caused by the nondisclosure
7of any information specified in this subdivision unless the governing body or its agent
8acted with gross negligence or with reckless, wanton, or intentional misconduct in
9failing to disclose the information.
AB693,7 10Section 7. 118.125 (3) (title) of the statutes is amended to read:
AB693,7,1211 118.125 (3) (title) Maintenance of records by a school board or independent
12charter school
.
AB693,8 13Section 8. 118.125 (3) of the statutes is renumbered 118.125 (3) (a) and
14amended to read:
AB693,7,1815 118.125 (3) (a) Each school board and governing board shall adopt rules in
16writing specifying the content of pupil records and the time during which pupil
17records shall be maintained. No A school board or governing board shall publish
18rules adopted under this subsection as a class 1 notice under ch. 985.
AB693,7,24 19(b) 1. Except as provided in subd. 2., a school board or governing board shall
20maintain
behavioral records may be maintained for more than one year after of a
21pupil for as long as
the pupil ceases to be remains enrolled in a school in the school ,
22unless
district or in the charter school and until the pupil specifies in writing that
23his or her behavioral records may be maintained for a longer period
has graduated
24from high school in the school district or at the charter school
.
AB693,8,2
1(c) A pupil's progress records shall be maintained for at least 5 years after the
2pupil ceases to be enrolled in a school in the school district or in the charter school.
AB693,8,5 3(d) A school board or governing board may maintain the pupil records on
4microfilm, on an optical disc, or in electronic format if authorized under s. 19.21 (4)
5(c), or in such other form as the school board or governing board deems appropriate.
AB693,8,9 6(e) A school board or governing board shall maintain law enforcement officers'
7records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or, (c) 3., or (cm) separately
8from a pupil's other pupil records. Rules adopted under this subsection shall be
9published by the school board as a class 1 notice under ch. 985.
AB693,9 10Section 9. 118.125 (3) (b) 2. of the statutes is created to read:
AB693,8,1211 118.125 (3) (b) 2. A school board or governing board shall maintain behavioral
12records of a pupil until the pupil has attained the age of 21 if all of the following apply:
AB693,8,1413 a. The pupil was enrolled in but is not currently enrolled in a school in the school
14district or in the charter school.
AB693,8,1615 b. The pupil has not graduated from a school in the school district or from the
16charter school.
AB693,8,1917 c. Neither the pupil nor the pupil's parent or guardian nor another school or
18school district nor a court has submitted to the school board or governing board the
19written notice described in sub. (4).
AB693,10 20Section 10. 118.1255 of the statutes is created to read:
AB693,8,21 21118.1255 Maintenance of records by a private school. (1) In this section:
AB693,8,2222 (a) “Behavioral records” has the meaning given in s. 118.125 (1) (a).
AB693,8,2323 (b) “Progress records” has the meaning given in s. 118.125 (1) (c).
AB693,9,7 24(2) (a) Subject to ss. 118.60 (7) (b) 4., 4m., 7., and 7m. and 119.23 (7) (b) 4., 4m.,
257., and 7m., and except as provided in par. (b), if the governing body of a private school

1has adopted a policy governing the maintenance of progress records of a pupil who
2attends the private school, the governing body shall maintain behavioral records of
3a pupil for the same duration of time that the governing body is required by that
4policy to maintain the progress records of the pupil. A private school official who
5maintains behavioral records under this subsection shall keep the information in
6those records confidential in the same manner as is required of a public school official
7under s. 118.125.
AB693,9,98 (b) The governing body of a private school is not required to maintain the
9behavioral records for a pupil once the pupil has graduated from the private school.
AB693,11 10Section 11. 118.127 of the statutes is amended to read:
AB693,9,25 11118.127 Law enforcement agency information. A school district, charter
12school established under s. 118.40 (2r) or (2x),
private school, or tribal school may
13disclose information from law enforcement officers' records obtained under s.
14938.396 (1) (c) 3. and (cm) only to persons employed by the school district who are
15required by the department under s. 115.28 (7) to hold a license, to persons employed
16by the private school or tribal school as teachers, to persons employed by the charter
17school as instructional staff,
and to other school district, private school, charter
18school,
or tribal school officials who have been determined by the school board,
19governing board of the charter school,
or governing body of the private school or tribal
20school to have legitimate educational interests, including safety interests, in that
21information. In addition, if that information relates to a pupil of the school district,
22charter school, private school, or tribal school, the school district, charter school,
23private school, or tribal school may also disclose that information to those employees
24of the school district, charter school, private school, or tribal school who have been
25designated by the school board, governing board of the charter school, or governing

1body of the private school or tribal school to receive that information for the purpose
2of providing treatment programs for pupils enrolled in the school district, charter
3school,
private school, or tribal school. A school district may not use law enforcement
4officers' records obtained under s. 938.396 (1) (c) 3. or (cm) as the sole basis for
5expelling or suspending a pupil or as the sole basis for taking any other disciplinary
6action against a pupil, but may use law enforcement officers' records obtained under
7s. 938.396 (1) (c) 3. or (cm) as the sole basis for taking action against a pupil under
8the school district's athletic code.
AB693,12 9Section 12. 118.129 of the statutes is created to read:
AB693,10,11 10118.129 Report to law enforcement agency; notice of violent pupil
11offenders.
(1) In this section:
AB693,10,1212 (a) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b).
AB693,10,1613 (b) “Physical assault” means the knowing or intentional touching of another
14person, by the use of any body part or object, with the intent to cause physical harm.
15“Physical assault” does not include the reasonable and necessary use of force for the
16purpose of self-defense or the defense of others under s. 939.48.
AB693,10,1717 (c) “Violent crime” has the meaning given in s. 939.632 (1) (e).
AB693,10,24 18(2) The principal or administrator of a public school, including a charter school,
19or of a private school shall, if requested by an adult who witnessed the incident or
20a victim of the incident, within 24 hours after being informed about the incident,
21notify a law enforcement agency of an incident involving a physical assault of or
22violent crime towards a person by a pupil that takes place on school premises or at
23or in transit to a school-sponsored activity. The principal or administrator shall
24include a brief summary of the incident in the pupil's records.
AB693,11,6
1(3) The school board of a school district, the governing board of a charter school,
2and the governing body of a private school shall notify a teacher who is working
3directly, in the current school year, with a pupil who is the subject of a record received,
4in the current school year, by the school board, charter school, or private school
5pursuant to s. 938.396 (1) (cm) of the contents of that record as soon as practicable
6and, if possible, before the pupil next attends the teacher's class.
AB693,13 7Section 13. 118.164 (3) (a) 4. of the statutes is renumbered 118.164 (3) (am)
8(intro.) and amended to read:
AB693,11,139 118.164 (3) (am) (intro.) The school principal or his or her designee may return
10the pupil to the
class from which the pupil was removed if, after weighing the
11interests of the removed pupil, the other pupils in the class, and the teacher, the
12school principal or his or her designee determines that readmission to the class is the
13best or only alternative. and if any of the following applies:
AB693,14 14Section 14. 118.164 (3) (am) 1. of the statutes is created to read:
AB693,11,1615 118.164 (3) (am) 1. The pupil has remained out of the teacher's classroom for
16one school day following the day on which the pupil was removed from the classroom.
AB693,15 17Section 15. 118.164 (3) (am) 2. of the statutes is created to read:
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