LRB-5684/1
FFK:amn
March 2018 Special Session
2017 - 2018 LEGISLATURE
March 16, 2018 - Introduced by
Committee on Assembly Organization and
Representative Ott, by request of Governor Scott Walker. Referred to
Committee on Education.
AB5,1,4
1An Act to repeal 118.07 (4) (a) 2.;
to renumber and amend 118.07 (4) (a) 1.;
2to amend 118.07 (4) (b) and 118.07 (4) (d); and
to create 118.07 (4) (bm) 1.,
3118.07 (4) (bm) 3., 118.07 (4) (cm), 118.07 (4) (cp) and 118.07 (4) (e) of the
4statutes;
relating to: school safety plans.
Analysis by the Legislative Reference Bureau
Under current law, school boards of school districts and governing bodies of
private schools that were in existence on May 27, 2010, are required to have a school
safety plan in effect. Current law requires the school board of any school district or
the governing body of any private school created or opened after May 27, 2010, to
have a school safety plan in effect within three years of the creation or opening of the
school district or private school. This bill eliminates this three-year period and
requires all school boards and governing bodies of private schools to have a school
safety plan in effect. Under the bill, before creating or updating a school safety plan,
a school board or governing body of a private school must work with local law
enforcement to conduct an on-site safety assessment of each school building, site,
and facility that is regularly occupied by pupils. The on-site assessment must
include any playgrounds, athletic facilities or fields, and any other property occupied
by pupils on a regular basis.
Under current law, a school safety plan must include general guidelines
specifying procedures for emergency prevention and mitigation, preparedness,
response, and recovery and must specify a process for reviewing drills required to
comply with the plan. Under the bill, a school safety plan must also include an
individualized safety plan for each school building and facility that is regularly
occupied by pupils and specify guidelines and procedures to address specific types
of school safety incidents, including school violence and attacks, threats of school
violence and attacks, parent-student reunification, and threats to non-classroom
events. Under the bill, a school safety plan may not include restrictions on how
school district or private school employees report emergencies, school violence or
threats of school violence, or suspicious individuals or activities to law enforcement.
This bill requires each school board and the governing body of each private
school to ensure that pupils at each school building regularly occupied by pupils are
drilled annually in the proper response to a school violence event. The bill requires
the individual having charge of the school building at which a drill is held to submit
a written evaluation of the drill to the school board or governing body of the private
school and requires the school board or governing body of the private school to review
the written evaluation.
Under current law, the school board and the governing body of each private
school must review its school safety plan at least once every three years. This bill
also requires the school board or governing body to approve its school safety plan at
least once every three years.
Finally, the bill requires each school board and governing body of a private
school to annually submit its school safety plan, and various information related to
the implementation of the school safety plan, to the Department of Justice.
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:
AB5,1
1Section
1. 118.07 (4) (a) 1. of the statutes is renumbered 118.07 (4) (a) and
2amended to read:
AB5,2,53
118.07
(4) (a) Each school board and the governing body of each private school
4shall have in effect a school safety plan
for each public or private school in the school
5district within 3 years of May 27, 2010.
AB5,2
6Section
2. 118.07 (4) (a) 2. of the statutes is repealed.
AB5,3
7Section
3. 118.07 (4) (b) of the statutes is amended to read:
AB5,3,88
118.07
(4) (b) A school safety plan shall be created with the active participation
9of appropriate parties, as specified by the school board or governing body of the
10private school. The appropriate parties may include
the department of justice, local
1law enforcement officers, fire fighters, school administrators, teachers, pupil
2services professionals, as defined in s. 118.257 (1) (c), and mental health
3professionals.
Before creating or updating a school safety plan, a school board or
4governing body of a private school shall, in consultation with a local law enforcement
5agency, conduct an on-site safety assessment of each school building, site, and
6facility that is regularly occupied by pupils. The on-site assessment shall include
7playgrounds, athletic facilities or fields, and any other property that is occupied by
8pupils on a regular basis.
AB5,3,9
9(bm) A school safety plan shall include
general all of the following:
AB5,3,11
102. General guidelines specifying procedures for emergency prevention and
11mitigation, preparedness, response, and recovery.
The plan shall also specify the
AB5,3,13
124. The process for reviewing the methods for conducting drills required to
13comply with the plan.
AB5,4
14Section
4. 118.07 (4) (bm) 1. of the statutes is created to read:
AB5,3,1815
118.07
(4) (bm) 1. An individualized safety plan for each school building and
16facility that is regularly occupied by pupils. The individualized safety plan shall
17include any real property related to the school building or facility that is regularly
18occupied by pupils.
AB5,5
19Section
5. 118.07 (4) (bm) 3. of the statutes is created to read:
AB5,3,2420
118.07
(4) (bm) 3. Guidelines and procedures to address school violence and
21attacks, threats of school violence and attacks, bomb threats, fire, weather-related
22emergencies, intruders, parent-student reunification, and threats to non-classroom
23events, including recess, concerts and other performances, athletic events, and any
24other extracurricular activity or event.
AB5,6
25Section
6. 118.07 (4) (cm) of the statutes is created to read:
AB5,4,2
1118.07
(4) (cm) Neither a school board nor a governing body of a private school
2may include in a school safety plan any of the following:
AB5,4,43
1. A requirement for an employee to contact a school administrator, school
4official, or any other person before calling the telephone number “911”
.
AB5,4,65
2. A prohibition against an employee reporting school violence or a threat of
6school violence directly to a law enforcement agency.
AB5,4,87
3. A prohibition against an employee reporting a suspicious individual or
8activity directly to a law enforcement agency.
AB5,7
9Section
7. 118.07 (4) (cp) of the statutes is created to read:
AB5,4,1910
118.07
(4) (cp) Each school board and the governing body of each private school
11shall ensure that, at each school building regularly occupied by pupils, pupils are
12drilled, at least annually, in the proper response to a school violence event in
13accordance with the school safety plan in effect for that school building. The person
14having direct charge of the school building at which a drill is held under this
15paragraph shall submit a brief written evaluation of the drill to the school board or
16governing body of the private school within 30 days of holding the drill. The school
17board or governing body of the private school shall review all written evaluation
18submitted under this paragraph. A drill under this paragraph may be substituted
19for a school safety drill required under sub. (2) (a).
AB5,8
20Section
8. 118.07 (4) (d) of the statutes is amended to read:
AB5,4,2321
118.07
(4) (d) Each school board and the governing body of each private school
22shall review
and approve the school safety plan at least once every 3 years after the
23plan goes into effect.
AB5,9
24Section
9. 118.07 (4) (e) of the statutes is created to read:
AB5,5,5
1118.07
(4) (e) Before January 1, 2019, and before each January 1 thereafter,
2each school board and the governing body of each private school shall file a copy of
3its school safety plan with the department of justice. At the time a school board or
4governing body files a school safety plan, the school board or governing body shall
5also submit all of the following to the department of justice:
AB5,5,76
1. The date of the annual drill or drills under par. (cp) held during the previous
7year.
AB5,5,98
2. Certification that a written evaluation of the drill or drills under par. (cp) was
9reviewed by the school board or governing body under par. (cp).
AB5,5,1110
3. The date of the most recent school training on school safety required under
11par. (c) and the number of attendees.
AB5,5,1312
4. The most recent date on which the school board or governing body reviewed
13and approved the school safety plan.
AB5,5,1614
5. The most recent date on which the school board or governing body consulted
15with a local law enforcement agency to conduct on-site safety assessments required
16under par. (b).