LRB-5505/1
TKK:amn
2017 - 2018 LEGISLATURE
February 21, 2018 - Introduced by Senator Craig, cosponsored by Representatives
Thiesfeldt, Kremer, Quinn, Weatherston, Sanfelippo, Jacque, Kuglitsch,
Duchow, Skowronski, Horlacher, Allen, Tusler, Brandtjen, Petersen,
Schraa and Wichgers. Referred to Committee on Education.
SB821,1,9 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 (3) (title), 118.127, 118.60 (7) (b) 7. b.,
3119.23 (7) (b) 7. b., 938.396 (1) (c) 3. (intro.), 938.396 (1) (c) 3. a., 938.396 (1) (c)
43. c., 938.396 (1) (c) 3. d., 938.396 (1) (c) 4. and 938.396 (1) (d); and to create
5115.28 (54t), 118.125 (1) (bc), 118.125 (1m), 118.125 (2) (dm), 118.125 (3) (b) 2.,
6118.1255, 118.164 (3) (am) 2., 118.21 (1) (b), 118.40 (4) (ar) 3., 118.60 (1) (ae),
7118.60 (7) (b) 4m., 118.60 (7) (b) 5m., 118.60 (7) (b) 7m., 119.16 (16), 119.23 (1)
8(aem), 119.23 (7) (b) 4m., 119.23 (7) (b) 5m., 119.23 (7) (b) 7m., 120.12 (24m) and
9120.12 (29) of the statutes; relating to: rights of and protections for teachers.
Analysis by the Legislative Reference Bureau
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 the remainder of the school day.

2. The right of a teacher to utilize a grievance procedure to address workplace
safety concerns.
3. The right of a teacher to use reasonable and necessary force under certain
circumstances.
4. 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.
5. 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.
6. Civil immunity provided to a teacher under state and federal laws for certain
discretionary acts.
7. The right of a teacher to review, upon request, the behavioral records of a
pupil enrolled in the teacher's class when the teacher has a legitimate educational
interest, including a safety interest, in doing so.
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:
SB821,1 1Section 1. 115.28 (54t) of the statutes is created to read:
SB821,3,72 115.28 (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:
SB821,3,98 (a) The right of a teacher, under s. 118.164 (2), to remove a pupil from the
9classroom under certain circumstances.
SB821,3,1210 (b) The right of a teacher to utilize the grievance procedure, established by the
11school board as required under s. 66.0509 (1m) (a), to address a workplace safety
12concern.
SB821,3,1413 (c) The right of a teacher, under s. 118.31 (3), to use reasonable and necessary
14force under certain circumstances.
SB821,3,1815 (d) The right of a school district employee or teacher, under s. 120.12 (24m), and
16of a charter school employee or teacher, under s. 118.40 (4) (ar) 3., to receive
17assistance and leave benefits if the employee or teacher is injured as a result of a
18physical assault or violent crime while performing work duties.
SB821,3,2119 (e) The right of a teacher, under s. 118.21 (1) (b) or 119.16 (16), to terminate his
20or her contract without penalty if the teacher is a victim of a physical assault or
21violent crime while performing work duties.
SB821,4,2
1(f) Civil immunity provided to a teacher by s. 893.80 (4) and by 20 USC 7941
2to 7948.
SB821,4,53 (g) The right of a teacher, under s. 118.125 (2) (dm), to review the behavioral
4records of a pupil enrolled in the teacher's class if the teacher has a legitimate
5educational interest, including a safety interest, in reviewing the records.
SB821,4,66 (h) Any other information the department considers relevant.
SB821,2 7Section 2. 115.38 (1) (b) 2. of the statutes is renumbered 115.38 (1) (b) 2. (intro.)
8and amended to read:
SB821,4,109 115.38 (1) (b) 2. (intro.) The following information about suspensions and
10expulsions:
SB821,4,11 11a. The numbers of suspensions and expulsions ; the.
SB821,4,17 12b. The reasons for which pupils are suspended or expelled, reported according
13to categories specified by the state superintendent; , and including all of the following
14categories: physical assaults on teachers; physical assaults on other school district
15employees; physical assaults on students; and physical assaults on adults not
16employed by
the school district. In this subd. 1. b., “physical assault” has the
17meaning given in s. 118.21 (1) (b) 1.
SB821,4,20 18c. The length of time for which pupils are expelled, reported according to
19categories specified by the state superintendent; whether, including the categories
20specified under subd. 2. b.
SB821,4,21 21d. Whether pupils return to school after their expulsion; the.
SB821,4,24 22e. The educational programs and services, if any, provided to pupils during
23their expulsions, reported according to categories specified by the state
24superintendent;, including the categories specified under subd. 2. b.
SB821,4,25 25f. The schools attended by pupils who are suspended or expelled; and the.
SB821,5,2
1g. The grade, sex, and ethnicity of pupils who are suspended or expelled and
2whether the pupils are children with disabilities, as defined in s. 115.76 (5).
SB821,3 3Section 3 . 118.125 (1) (bc) of the statutes is created to read:
SB821,5,54 118.125 (1) (bc) “Governing board” means the governing board of a charter
5school established under s. 118.40 (2r) or (2x).
SB821,4 6Section 4 . 118.125 (1m) of the statutes is created to read:
SB821,5,97 118.125 (1m) Public records laws applicable to independent charter
8schools.
The duties and responsibilities imposed under this section on school boards
9and upon a school district clerk or designee apply to a governing board.
SB821,5 10Section 5 . 118.125 (2) (dm) of the statutes is created to read:
SB821,5,1911 118.125 (2) (dm) 1. The school district clerk or his or her designee shall, upon
12request, make available to a person employed by the school district that the pupil
13attends and required by the department under s. 115.28 (7) to hold a license the
14behavioral records of a pupil who is enrolled in the person's class if the person has
15a legitimate educational interest, including a safety interest, in reviewing the
16records. A school district may not be held liable for any damages caused by the
17nondisclosure of any information specified in this subdivision unless the school
18district or its agent acted with gross negligence or with reckless, wanton, or
19intentional misconduct in failing to disclose the information.
SB821,6,520 2. A governing board or a designee of the governing board shall, upon request,
21make available to an instructional staff member employed by the charter school that
22the pupil attends the behavioral records of a pupil who is enrolled in the instructional
23staff member's class if the instructional staff member has a legitimate educational
24interest, including a safety interest, in reviewing the records. In this subdivision,
25“instructional staff” has the meaning given in the rules promulgated by the

1department under s. 121.02 (1) (a) 2. The governing board may not be held liable for
2any damages caused by the nondisclosure of any information specified in this
3subdivision unless the governing board or its agent acted with gross negligence or
4with reckless, wanton, or intentional misconduct in failing to disclose the
5information.
SB821,6,166 3. The governing body of a private school or a designee of the governing body
7that maintains behavioral records of pupils attending the private school as provided
8under s. 118.1255 or as required under ss. 118.60 (7) (b) 4m. and 119.23 (7) (b) 4m.
9shall, upon request, make available to a teacher employed by the private school that
10the pupil attends the behavioral records of a pupil who is enrolled in the teacher's
11class if the teacher has a legitimate educational interest, including a safety interest,
12in reviewing the records. The governing body of a private school may not be held
13liable for any damages caused by the nondisclosure of any information specified in
14this subdivision unless the governing body or its agent acted with gross negligence
15or with reckless, wanton, or intentional misconduct in failing to disclose the
16information.
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