AB693: Bill Text

LRB-0917/1

TKK:amn

2017 - 2018 LEGISLATURE

2017 Assembly BILL 693

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 An Act to renumber and amend 115.38 (1) (b) 2., 118.125 (3), 118.164 (3) (a) 4. and 118.21 (1); to amend 118.125 (1) (a), 118.125 (3) (title), 118.127, 118.60 (7) (b) 7. b., 119.23 (7) (b) 7. b., 120.13 (1) (b) 2. (intro.), 120.13 (1) (b) 4., 938.396 (1) (a), 938.396 (1) (c) 3. (intro.), 938.396 (1) (c) 3. a., 938.396 (1) (c) 3. c., 938.396 (1) (c) 3. d., 938.396 (1) (c) 4. and 938.396 (1) (d); and to create 115.28 (54t), 118.125 (1) (bc), 118.125 (1m), 118.125 (2) (dm), 118.125 (3) (b) 2., 118.1255, 118.129, 118.164 (3) (am) 1., 118.164 (3) (am) 2., 118.164 (3) (am) 3., 118.21 (1) (b), 118.40 (4) (ar) 3., 118.60 (1) (ae), 118.60 (7) (b) 4m., 118.60 (7) (b) 5m., 118.60 (7) (b) 7m., 119.16 (16), 119.23 (1) (aem), 119.23 (7) (b) 4m., 119.23 (7) (b) 5m., 119.23 (7) (b) 7m., 120.12 (24m), 120.12 (29), 120.13 (1) (a) 5. and 938.396 (1) (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 Section 1. 115.28 (54t) of the statutes is created to read:

AB693,3,7 115.28 (54t) Notice of teacher rights and protections. Include on the department's Internet site a summary of laws governing the rights and protections afforded to a public school teacher under state and federal law. The state superintendent shall include in the summary all of the following, and shall annually provide electronic notice to each school board of the summary described in this subsection:

AB693,3,9 (a) The right of a teacher, under s. 118.164 (2), to remove a pupil from the classroom under certain circumstances.

AB693,4,2 (b) The right of a teacher, under s. 118.129 (3), to receive information from a school board about a pupil who was taken into custody based on a law enforcement officer's belief that the pupil was committing or had committed a felony or a misdemeanor under s. 939.632 (1) (e) 3.

AB693,4,4 (c) The right of a teacher, under s. 118.31 (3), to use reasonable and necessary force under certain circumstances.

AB693,4,6 (d) The right of a teacher, under s. 120.13 (1) (a) 5., to request a school board to schedule a suspension hearing.

AB693,4,10 (e) The right of a school district employee or teacher, under s. 120.12 (24m), and of a charter school employee or teacher, under s. 118.40 (4) (ar) 3., to receive assistance and leave benefits if the employee or teacher is injured as a result of a physical assault or violent crime while performing work duties.

AB693,4,13 (f) The right of a teacher, under s. 118.21 (1) (b) or 119.16 (16), 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.

AB693,4,15 (g) Civil immunity provided to a teacher by s. 893.80 (4) and by 20 USC 7941 to 7948.

AB693,4,17 (h) The right of a teacher, under s. 118.125 (2) (dm), to, upon request, review the behavioral records of a pupil enrolled in the teacher's class.

AB693,4,18 (i) Any other information the department considers relevant.

AB693,2 Section 2. 115.38 (1) (b) 2. of the statutes is renumbered 115.38 (1) (b) 2. (intro.) and amended to read:

AB693,4,22 115.38 (1) (b) 2. (intro.) The following information about suspensions and expulsions:

AB693,4,23 a. The numbers of suspensions and expulsions ; the.

AB693,5,4 b. The reasons for which pupils are suspended or expelled, reported according to categories specified by the state superintendent; , and including all of the following categories: physical assaults on teachers; physical assaults on other school district employees; physical assaults on students; and physical assaults on adults not employed by the school district. In this subd. 1. b., “physical assault” has the meaning given in s. 118.129 (1) (b).

AB693,5,7 c. The length of time for which pupils are expelled, reported according to categories specified by the state superintendent; whether , including the categories specified under subd. 2. b.

AB693,5,8 d. Whether pupils return to school after their expulsion; the.

AB693,5,11 e. The educational programs and services, if any, provided to pupils during their expulsions, reported according to categories specified by the state superintendent;, including the categories specified under subd. 2. b.

AB693,5,12 f. The schools attended by pupils who are suspended or expelled; and the.

AB693,5,14 g. The grade, sex, and ethnicity of pupils who are suspended or expelled and whether the pupils are children with disabilities, as defined in s. 115.76 (5).

AB693,3 Section 3 . 118.125 (1) (a) of the statutes is amended to read:

AB693,5,23 118.125 (1) (a) “Behavioral records" means those pupil records that include psychological tests, personality evaluations, records of conversations, any written statement relating specifically to an individual pupil's behavior, tests relating specifically to achievement or measurement of ability, the pupil's physical health records other than his or her immunization records or any lead screening records required under s. 254.162, law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or, (c) 3., or (cm), and any other pupil records that are not progress records.

AB693,4 Section 4 . 118.125 (1) (bc) of the statutes is created to read:

AB693,6,2 118.125 (1) (bc) “Governing board” means the governing board of a charter school established under s. 118.40 (2r) or (2x).

AB693,5 Section 5 . 118.125 (1m) of the statutes is created to read:

AB693,6,6 118.125 (1m) Public records laws applicable to independent charter schools. The duties and responsibilities imposed under this section on school boards and upon a school district clerk or designee apply to a governing board.

AB693,6 Section 6 . 118.125 (2) (dm) of the statutes is created to read:

AB693,6,15 118.125 (2) (dm) 1. The school district clerk or his or her designee shall, upon request, make available to a person employed by the school district that the pupil attends and required by the department under s. 115.28 (7) to hold a license the behavioral records of a pupil who is enrolled in the person's class. A school district may not be held liable for any damages caused by the nondisclosure of any information specified in this subdivision unless the school district or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.

AB693,6,24 2. A governing board shall, upon request, make available to an instructional staff member employed by the charter school that the pupil attends the behavioral records of a pupil who is enrolled in the instructional staff member's class. In this subdivision, “instructional staff” has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2. The governing board may not be held liable for any damages caused by the nondisclosure of any information specified in this subdivision unless the governing board or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.

AB693,7,9 3. The governing body of a private school that maintains behavioral records of pupils attending the private school as provided under s. 118.1255 or as required under ss. 118.60 (7) (b) 4m. and 119.23 (7) (b) 4m. shall, upon request, make available to a teacher employed by the private school that the pupil attends the behavioral records of a pupil who is enrolled in the teacher's class. The governing body of a private school may not be held liable for any damages caused by the nondisclosure of any information specified in this subdivision unless the governing body or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.

AB693,7 Section 7. 118.125 (3) (title) of the statutes is amended to read:

AB693,7,12 118.125 (3) (title) Maintenance of records by a school board or independent charter school.

AB693,8 Section 8 . 118.125 (3) of the statutes is renumbered 118.125 (3) (a) and amended to read:

AB693,7,18 118.125 (3) (a) Each school board and governing board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No A school board or governing board shall publish rules adopted under this subsection as a class 1 notice under ch. 985.

AB693,7,24 (b) 1. Except as provided in subd. 2., a school board or governing board shall maintain behavioral records may be maintained for more than one year after of a pupil for as long as the pupil ceases to be remains enrolled in a school in the school , unless district or in the charter school and until the pupil specifies in writing that his or her behavioral records may be maintained for a longer period has graduated from high school in the school district or at the charter school.

AB693,8,2 (c) A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in a school in the school district or in the charter school.

AB693,8,5 (d) A school board or governing board may maintain the pupil records on microfilm, on an optical disc, or in electronic format if authorized under s. 19.21 (4) (c), or in such other form as the school board or governing board deems appropriate.

AB693,8,9 (e) A school board or governing board shall maintain law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or, (c) 3., or (cm) separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under ch. 985.

AB693,9 Section 9 . 118.125 (3) (b) 2. of the statutes is created to read:

AB693,8,12 118.125 (3) (b) 2. A school board or governing board shall maintain behavioral records of a pupil until the pupil has attained the age of 21 if all of the following apply:

AB693,8,14 a. The pupil was enrolled in but is not currently enrolled in a school in the school district or in the charter school.