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:
AB693,11,2018 118.164 (3) (am) 2. The teacher of the pupil, together with the school principal
19or his or her designee, has met with the pupil regarding the pupil's conduct and the
20teacher has agreed for the pupil to be readmitted to the class.
AB693,16 21Section 16. 118.164 (3) (am) 3. of the statutes is created to read:
AB693,11,2322 118.164 (3) (am) 3. The teacher has voluntarily waived his or her right to the
23conditions for return to the classroom under subds. 1. and 2.
AB693,17 24Section 17. 118.21 (1) of the statutes is renumbered 118.21 (1) (a) and
25amended to read:
AB693,12,7
1118.21 (1) (a) The school board shall contract in writing with qualified teachers.
2The school board shall file a contract, with a copy of the teacher's authority to teach
3attached, shall be filed with the school district clerk. Such contract, in addition to
4fixing the teacher's wage, may provide for compensating the teacher for necessary
5travel expense. A teaching contract with any person not legally authorized to teach
6the named subject or at the named school shall be void. All teaching contracts shall
7terminate if, and when, the authority to teach terminates.
AB693,18 8Section 18. 118.21 (1) (b) of the statutes is created to read:
AB693,12,209 118.21 (1) (b) Beginning on the effective date of this paragraph .... [LRB inserts
10date], the school board shall include in each contract under this section a provision
11authorizing the teacher to terminate his or her contract without penalty, including
12the penalty of the payment of liquidated damages, if the teacher is the victim of a
13physical assault, as defined in s. 118.129 (1) (b), or of a violent crime, as defined in
14s. 939.632 (1) (e), while the teacher is on school premises, at or in transit to a
15school-sponsored activity, or otherwise engaged in official duties on behalf of the
16school district. The provision required under this paragraph shall specify that a
17teacher may terminate his or her contract as provided under this section only if the
18teacher provides the school board with a law enforcement report documenting the
19physical assault or violent crime within 2 months of the incident covered in the
20report.
AB693,19 21Section 19. 118.40 (4) (ar) 3. of the statutes is created to read:
AB693,13,1822 118.40 (4) (ar) 3. Ensure that a charter school employee or teacher who is
23injured as a result of physical assault, as defined in s. 118.129 (1) (b), or of a violent
24crime, as defined in s. 939.632 (1) (e), upon the person of the employee or teacher
25while the employee or teacher is in the performance of any duties as a charter school

1employee or teacher is provided with a reasonable paid leave of absence from
2employment with the governing board without a loss of leave benefits. Where
3inpatient care involving an overnight stay is required, a reasonable paid leave of
4absence is the longer of one workweek or the duration of the employee's or teacher's
5inpatient care. Where inpatient care involving an overnight stay is not required but
6medical treatment is needed, a reasonable paid leave of absence is the duration of
7time necessary to receive medical treatment or, if a health care provider certifies in
8writing that the employee or teacher is unable to return to work due to the injury,
9the duration of time specified by the health care provider. The governing board is
10entitled to the right of subrogation for reimbursement to the extent that an employee
11or teacher who sustains injuries while the employee or teacher is in the performance
12of his or her duties may recover the reimbursed items in an action or claim in tort
13against any 3rd party. A repayment made under this subdivision shall be limited to
14the total sum credited to the injured employee or teacher as damages for pay and
15fringe benefits actually received in the settlement of any claim caused by the
16negligence of the 3rd party. The governing board shall designate an employee to
17provide assistance to the charter school employee or teacher with insurance and
18benefits questions related to a leave of absence taken under this subdivision.
AB693,20 19Section 20 . 118.60 (1) (ae) of the statutes is created to read:
AB693,13,2020 118.60 (1) (ae) “Behavioral records” has the meaning given in s. 118.125 (1) (a).
AB693,21 21Section 21 . 118.60 (7) (b) 4m. of the statutes is created to read:
AB693,13,2522 118.60 (7) (b) 4m. a. Except as provided in subd. 4m. b., maintain behavioral
23records for each pupil attending the private school under this section while the pupil
24attends the school under the program under this section and until the pupil has
25graduated from high school.
AB693,14,6
1b. Maintain behavioral records of a pupil until the pupil has attained the age
2of 21 if all of the following apply: the pupil was enrolled in but is not currently
3enrolled in the private school under this section; the pupil has not graduated from
4the private school; neither the pupil nor the pupil's parent or guardian nor a school
5or school district nor a court has submitted to the governing body of the private school
6the written notice described in s. 118.125 (4).
AB693,14,97 c. A private school official who maintains behavioral records under this
8subdivision shall keep the information in those records confidential in the same
9manner as is required of a public school official under s. 118.125.
AB693,22 10Section 22 . 118.60 (7) (b) 5m. of the statutes is created to read:
AB693,14,1411 118.60 (7) (b) 5m. An adult pupil or the parent or guardian of a minor pupil
12shall, upon request, be shown, in the presence of a person qualified to explain and
13interpret the records, the pupil's behavioral records. Such pupil or parent or
14guardian shall, upon request, be provided with a copy of the behavioral records.
AB693,23 15Section 23 . 118.60 (7) (b) 7. b. of the statutes is amended to read:
AB693,15,316 118.60 (7) (b) 7. b. If the private school is affiliated with an organization that
17will maintain the progress records of each pupil who attended the school under this
18section for at least 5 years after the private school ceases operation as a private
19school, the private school may transfer a pupil's progress records to the organization
20if the pupil, or the parent or guardian of a minor pupil, consents in writing to the
21release of the progress records to the affiliated organization. The private school shall
22send to the department a copy of the consent form for each pupil who consents to the
23transfer of progress records under this subd. 7. b. The written notice shall be signed
24by the pupil, or the parent or guardian of a minor pupil, and shall include the name,
25phone number, mailing address, and other relevant contact information of the

1organization that will maintain the progress records, and a declaration by the
2affiliated organization that the organization agrees to maintain the progress records
3for at least 5 years after the private school ceases operation as a private school.
AB693,24 4Section 24. 118.60 (7) (b) 7m. of the statutes is created to read:
AB693,15,105 118.60 (7) (b) 7m. If the private school ceases operating as a private school,
6immediately transfer all of the behavioral records of each pupil who attended the
7school under this section to the school board of the school district within which the
8pupil resides. The private school shall send written notice to each pupil, or to the
9parent or guardian of a minor pupil, of the transfer of behavioral records under this
10subdivision.
AB693,25 11Section 25 . 119.16 (16) of the statutes is created to read:
AB693,15,2312 119.16 (16) Teacher employment contracts. Beginning on the effective date
13of this subsection .... [LRB inserts date], the board shall include in any employment
14contract with a teacher a provision authorizing the teacher to terminate his or her
15contract without penalty, including the penalty of the payment of liquidated
16damages, if the teacher is a victim of a physical assault, as defined in s. 118.129 (1)
17(b), or of a violent crime, as defined in s. 939.632 (1) (e), while the teacher is on school
18premises, at or in transit to a school-sponsored activity, or otherwise engaged in
19official duties on behalf of the school district. The provision required under this
20subsection shall specify that a teacher may terminate his or her contract as provided
21under this subsection only if the teacher provides the school board with a law
22enforcement report documenting the physical assault or violent crime within 2
23months of the incident covered in the report.
AB693,26 24Section 26 . 119.23 (1) (aem) of the statutes is created to read:
AB693,16,2
1119.23 (1) (aem) “Behavioral records” has the meaning given in s. 118.125 (1)
2(a).
AB693,27 3Section 27 . 119.23 (7) (b) 4m. of the statutes is created to read:
AB693,16,74 119.23 (7) (b) 4m. a. Except as provided in subd. 4m. b., maintain behavioral
5records for each pupil attending the private school under this section while the pupil
6attends the school under the program under this section and until the pupil has
7graduated from high school.
AB693,16,138 b. Maintain behavioral records of a pupil until the pupil has attained the age
9of 21 if all of the following apply: the pupil was enrolled in but is not currently
10enrolled in the private school under this section; the pupil has not graduated from
11the private school; neither the pupil nor the pupil's parent or guardian nor a school
12or school district nor a court has submitted to the governing body of the private school
13the written notice described in s. 118.125 (4).
AB693,16,1614 c. A private school official who maintains behavioral records under this
15subdivision shall keep the information in those records confidential in the same
16manner as is required of a public school official under s. 118.125.
AB693,28 17Section 28 . 119.23 (7) (b) 5m. of the statutes is created to read:
AB693,16,2118 119.23 (7) (b) 5m. An adult pupil or the parent or guardian of a minor pupil
19shall, upon request, be shown, in the presence of a person qualified to explain and
20interpret the records, the pupil's behavioral records. Such pupil or parent or
21guardian shall, upon request, be provided with a copy of the behavioral records.
AB693,29 22Section 29 . 119.23 (7) (b) 7. b. of the statutes is amended to read:
AB693,17,1023 119.23 (7) (b) 7. b. If the private school is affiliated with an organization that
24will maintain the progress records of each pupil who attended the school under this
25section for at least 5 years after the private school ceases operation as a private

1school, the private school may transfer a pupil's progress records to the organization
2if the pupil, or the parent or guardian of a minor pupil, consents in writing to the
3release of the progress records to the affiliated organization. The private school shall
4send to the department a copy of the consent form for each pupil who consents to the
5transfer of progress records under this subd. 7. b. The written notice shall be signed
6by the pupil, or the parent or guardian of a minor pupil, and shall include the name,
7phone number, mailing address, and other relevant contact information of the
8organization that will maintain the progress records, and a declaration by the
9affiliated organization that the organization agrees to maintain the progress records
10for at least 5 years after the private school ceases operation as a private school.
AB693,30 11Section 30 . 119.23 (7) (b) 7m. of the statutes is created to read:
AB693,17,1712 119.23 (7) (b) 7m. If the private school ceases operating as a private school,
13immediately transfer all of the behavioral records of each pupil who attended the
14school under this section to the school board of the school district within which the
15pupil resides. The private school shall send written notice to each pupil, or to the
16parent or guardian of a minor pupil, of the transfer of behavioral records under this
17subdivision.
AB693,31 18Section 31. 120.12 (24m) of the statutes is created to read:
AB693,18,1619 120.12 (24m) Assistance and leave benefits for victims of physical assault.
20Ensure that a school district employee or teacher who is injured as a result of
21physical assault, as defined in s. 118.129 (1) (b), or of a violent crime, as defined in
22s. 939.632 (1) (e), upon the person of the employee or teacher while the employee or
23teacher is in the performance of any duties as a school district employee or teacher
24is provided with a reasonable paid leave of absence from employment with the school
25district without a loss of leave benefits. Where inpatient care involving an overnight

1stay is required, a reasonable paid leave of absence is the longer of one workweek or
2the duration of the employee's or teacher's inpatient care. Where inpatient care
3involving an overnight stay is not required but medical treatment is needed, a
4reasonable paid leave of absence is the duration of time necessary to receive medical
5treatment or, if a health care provider certifies in writing that the employee or
6teacher is unable to return to work due to the injury, the duration of time specified
7by the health care provider. The school board is entitled to the right of subrogation
8for reimbursement to the extent that an employee or teacher who sustains injuries
9while the employee or teacher is in the performance of his or her duties may recover
10the reimbursed items in an action or claim in tort against any 3rd party. A repayment
11made under this subsection shall be limited to the total sum credited to the injured
12employee or teacher as damages for pay and fringe benefits actually received in the
13settlement of any claim caused by the negligence of the 3rd party. The school board
14shall designate a school district employee to provide assistance to the school district
15employee or teacher with insurance and benefits questions related to a leave of
16absence taken under this subsection.
AB693,32 17Section 32 . 120.12 (29) of the statutes is created to read:
AB693,18,1918 120.12 (29) Notice of teacher protections. Provide to each teacher employed
19by the school board the summary described in s. 115.28 (54t).
AB693,33 20Section 33. 120.13 (1) (a) 5. of the statutes is created to read:
AB693,19,2421 120.13 (1) (a) 5. A procedure under which a teacher may submit a request, in
22writing, to the president of the school board to request that the school board schedule
23a suspension hearing before the school board or, if applicable, under par. (e) 3. or s.
24119.25 (2) (b) before an independent hearing panel or independent hearing officer
25appointed by the school board under par. (e) 1. or s. 119.25 (1). The procedure under

1this subdivision may be used by a teacher only if the teacher has made a request in
2writing that a pupil be suspended under par. (b) 2. and the teacher's request has been
3denied by the school district administrator, principal, or teacher designated by the
4school district administrator to make the determination under par. (b) 2.
5Notwithstanding par. (b) 4., the school board shall include in the procedure required
6under this subdivision a requirement that the school district administrator,
7principal, or teacher designated by the school district administrator shall approve
8or deny the suspension request within 24 hours. The school board shall also include
9in the procedure required under this subdivision a requirement that, if the school
10district administrator, principal, or teacher designated by the school district
11administrator denies the request for a suspension, the school board president or, if
12the president is not available, the vice president of the school board, shall approve
13or deny the teacher's request to schedule a suspension hearing within 24 hours. The
14school board shall also include in the procedure required under this subdivision a
15requirement that, if the school board president agrees to schedule a suspension
16hearing as requested, the school board may either schedule the suspension hearing
17at the next regularly scheduled meeting or at a special meeting called for that
18purpose. The school board shall comply with the provisions under par. (b) 3. and
19shall, upon the request of the pupil or the pupil's parent or guardian, conduct the
20suspension hearing in a closed session. If a suspension hearing is held under the
21procedure established under this subdivision, the school board may suspend a pupil,
22including through an in-school suspension, for any of the reasons under par. (b) 2.
23If a school board suspends a pupil following a suspension hearing held under the
24procedure under this subdivision, the suspension may not exceed 5 school days.
AB693,34 25Section 34 . 120.13 (1) (b) 2. (intro.) of the statutes is amended to read:
AB693,20,6
1120.13 (1) (b) 2. (intro.) The school district administrator or any principal or
2teacher designated by the school district administrator may suspend a pupil,
3including through an in-school suspension,
for not more than 5 school days or, if a
4notice of expulsion hearing has been sent under par. (c) 4. or (e) 4. or s. 119.25 (2) (c),
5for not more than a total of 15 consecutive school days for any of the following
6reasons:
AB693,35 7Section 35 . 120.13 (1) (b) 4. of the statutes is amended to read:
AB693,20,198 120.13 (1) (b) 4. The suspended pupil or the pupil's parent or guardian may,
9within 5 school days following the commencement of the suspension, have a
10conference with the school district administrator or his or her designee who shall be
11someone other than a principal, administrator or teacher in the suspended pupil's
12school. If the school district administrator or his or her designee finds that the pupil
13was suspended unfairly or unjustly, or that the suspension was inappropriate, given
14the nature of the alleged offense, or that the pupil suffered undue consequences or
15penalties as a result of the suspension, reference to the suspension on the pupil's
16school record shall be expunged. The administrator, or the administrator's designee,
17shall make a finding within 15 days of the conference. This subdivision does not
18apply to a pupil suspended by a school board under the procedure established under
19par. (a) 5.
AB693,36 20Section 36 . 938.396 (1) (a) of the statutes is amended to read:
AB693,20,2421 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles
22shall be kept separate from records of adults. Law enforcement agency records of
23juveniles may not be open to inspection or their contents disclosed except under par.
24(b) or, (c), or (cm), sub. (1j), (2m) (c) 1p., or (10), or s. 938.293 or by order of the court.
AB693,37 25Section 37 . 938.396 (1) (c) 3. (intro.) of the statutes is amended to read:
AB693,21,16
1938.396 (1) (c) 3. (intro.) At the request of a school district administrator,
2administrator of a charter school established under s. 118.40 (2r) or (2x),
3administrator of a private school, or administrator of a tribal school, or designee of
4a school district administrator, charter school administrator, private school
5administrator, or tribal school administrator, or on its own initiative, a law
6enforcement agency may, subject to official agency policy, provide to the school
7district administrator, charter school administrator, private school administrator, or,
8provided the official agency policy specifies that the information may not be provided
9to an administrator of a tribal school or a tribal school administrator's designee
10unless the governing body of the tribal school agrees that the information will be used
11by the tribal school as provided in s. 118.127,
tribal school administrator or designee,
12for use as provided in s. 118.127, any information in its records relating to any of the
13following if the official agency policy specifies that the information may not be
14provided to an administrator of a tribal school or a tribal school administrator's
15designee unless the governing body of the tribal school agrees that the information
16will be used by the tribal school as provided in s. 118.127
:
AB693,38 17Section 38 . 938.396 (1) (c) 3. a. of the statutes is amended to read:
AB693,21,2018 938.396 (1) (c) 3. a. The use, possession, or distribution of alcohol or a controlled
19substance or controlled substance analog by a juvenile enrolled in the public school
20district, charter school, private school, or tribal school.
AB693,39 21Section 39 . 938.396 (1) (c) 3. c. of the statutes is amended to read:
AB693,21,2522 938.396 (1) (c) 3. c. An act for which a juvenile enrolled in the school district,
23charter school, private school, or tribal school was taken into custody under s. 938.19
24based on a law enforcement officer's belief that the juvenile was committing or had
25committed a violation of any state or federal criminal law.
AB693,40
1Section 40. 938.396 (1) (c) 3. d. of the statutes is amended to read:
AB693,22,32 938.396 (1) (c) 3. d. An act for which a juvenile enrolled in the public school
3district, charter school, private school, or tribal school was adjudged delinquent.
AB693,41 4Section 41 . 938.396 (1) (c) 4. of the statutes is amended to read:
AB693,22,115 938.396 (1) (c) 4. A law enforcement agency may enter into an interagency
6agreement with a school board, the governing board of a charter school established
7under s. 118.40 (2r) or (2x), the governing body of
a private school, a tribal school, a
8social welfare agency, or another law enforcement agency providing for the routine
9disclosure of information under subs. (1) pars. (b) 2. and 2m. and (c) 3. to the school
10board, private school governing board, governing body, tribal school, social welfare
11agency, or other law enforcement agency.
AB693,42 12Section 42. 938.396 (1) (cm) of the statutes is created to read:
AB693,22,2413 938.396 (1) (cm) Duty to disclose. 1. Notwithstanding par. (a) and subject to
14subd. 2., a law enforcement agency shall, following the act and within 24 hours after
15ascertaining the public school, charter school, or private school the pupil attends,
16provide to the administrator of a school district, the administrator of a charter school
17established under s. 118.40 (2r) or (2x), or the administrator of a private school, as
18defined in s. 115.001 (3r), for use as provided in s. 118.127, any information in its
19records relating to an act for which a pupil enrolled in the school district, charter
20school, or private school was taken into custody based on a law enforcement officer's
21belief that the pupil was committing or had committed a felony or a misdemeanor
22under s. 939.632 (1) (e) 3. The law enforcement agency shall make a reasonable effort
23to ascertain the public school, charter school, or private school attended by the pupil
24taken into custody as described in this subdivision.
AB693,23,3
12. a. Except as provided in subd. 2. b., a law enforcement agency is not required
2to provide the information required under subd. 1. if providing the information would
3jeopardize an ongoing investigation.
AB693,23,64 b. The exception provided in subd. 2. a. does not apply if failure to provide the
5information required under subd. 1. would place a person or property in imminent
6danger of harm.
AB693,43 7Section 43 . 938.396 (1) (d) of the statutes is amended to read:
AB693,23,228 938.396 (1) (d) Law enforcement access to school records. On petition of a law
9enforcement agency to review pupil records, as defined in s. 118.125 (1) (d), other
10than pupil records that may be disclosed without a court order under s. 118.125 (2)
11or (2m), for the purpose of pursuing an investigation of any alleged delinquent or
12criminal activity or on petition of a fire investigator under s. 165.55 (15) to review
13those pupil records for the purpose of pursuing an investigation under s. 165.55 (15),
14the court may order the school board of the school district, the governing board of the
15charter school established under s. 118.40 (2r) or (2x),
or the governing body of the
16private school, in which a juvenile is enrolled to disclose to the law enforcement
17agency or fire investigator the pupil records of that juvenile as necessary for the law
18enforcement agency or fire investigator to pursue the investigation. The law
19enforcement agency or fire investigator may use the pupil records only for the
20purpose of the investigation and may make the pupil records available only to
21employees of the law enforcement agency or fire investigator who are working on the
22investigation.
AB693,23,2323 (End)
Loading...
Loading...