SB821: Bill Text

SB821,5 Section 5. 118.125 (2) (dm) of the statutes is created to read:

SB821,5,19 118.125 (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 if the person has a legitimate educational interest, including a safety interest, in reviewing the records. 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.

SB821,6,5 2. A governing board or a designee of the 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 if the instructional staff member has a legitimate educational interest, including a safety interest, in reviewing the records. 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.

SB821,6,16 3. The governing body of a private school or a designee of the governing body 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 if the teacher has a legitimate educational interest, including a safety interest, in reviewing the records. 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.

SB821,6 Section 6. 118.125 (3) (title) of the statutes is amended to read:

SB821,6,19 118.125 (3) (title) Maintenance of records by a school board or independent charter school.

SB821,7 Section 7. 118.125 (3) of the statutes is renumbered 118.125 (3) (a) and amended to read:

SB821,6,25 118.125 (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.

SB821,7,6 (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.

SB821,7,8 (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.

SB821,7,11 (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.

SB821,7,15 (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. 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.

SB821,8 Section 8. 118.125 (3) (b) 2. of the statutes is created to read:

SB821,7,18 118.125 (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:

SB821,7,20 a. The pupil was enrolled in but is not currently enrolled in a school in the school district or in the charter school.

SB821,7,22 b. The pupil has not graduated from a school in the school district or from the charter school.

SB821,7,25 c. Neither the pupil nor the pupil's parent or guardian nor another school or school district nor a court has submitted to the school board or governing board the written notice described in sub. (4).

SB821,9 Section 9. 118.1255 of the statutes is created to read:

SB821,8,2 118.1255 Maintenance of records by a private school. (1) In this section:

SB821,8,3 (a) “Behavioral records” has the meaning given in s. 118.125 (1) (a).

SB821,8,4 (b) “Progress records” has the meaning given in s. 118.125 (1) (c).

SB821,8,13 (2) (a) Subject to ss. 118.60 (7) (b) 4., 4m., 7., and 7m. and 119.23 (7) (b) 4., 4m., 7., and 7m., and except as provided in par. (b), if the governing body of a private school has adopted a policy governing the maintenance of progress records of a pupil who attends the private school, the governing body shall maintain behavioral records of a pupil for the same duration of time that the governing body is required by that policy to maintain the progress records of the pupil. A private school official who maintains behavioral records under this subsection shall keep the information in those records confidential in the same manner as is required of a public school official under s. 118.125.

SB821,8,15 (b) The governing body of a private school is not required to maintain the behavioral records for a pupil once the pupil has graduated from the private school.

SB821,10 Section 10. 118.127 of the statutes is amended to read:

SB821,9,14 118.127 Law enforcement agency information. A school district, charter school established under s. 118.40 (2r) or (2x), private school, or tribal school may disclose information from law enforcement officers' records obtained under s. 938.396 (1) (c) 3. only to persons employed by the school district who are required by the department under s. 115.28 (7) to hold a license, to persons employed by the private school or tribal school as teachers, to persons employed by the charter school as instructional staff, and to other school district, private school, charter school, or tribal school officials who have been determined by the school board , governing board of the charter school, or governing body of the private school or tribal school to have legitimate educational interests, including safety interests, in that information. In addition, if that information relates to a pupil of the school district, charter school, private school, or tribal school, the school district, charter school, private school, or tribal school may also disclose that information to those employees of the school district, charter school, private school, or tribal school who have been designated by the school board, governing board of the charter school, or governing body of the private school or tribal school to receive that information for the purpose of providing treatment programs for pupils enrolled in the school district, charter school, private school, or tribal school. A school district may not use law enforcement officers' records obtained under s. 938.396 (1) (c) 3. as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action against a pupil, but may use law enforcement officers' records obtained under s. 938.396 (1) (c) 3. as the sole basis for taking action against a pupil under the school district's athletic code.

SB821,11 Section 11. 118.164 (3) (a) 4. of the statutes is renumbered 118.164 (3) (am) 1. and amended to read:

SB821,9,23 118.164 (3) (am) 1. The school principal or his or her designee may return the pupil to the class from which the pupil was removed if, except as provided in subd. 2., the pupil has remained out of the teacher's classroom for the remainder of the day on which the pupil was removed from the classroom and if, after weighing the interests of the removed pupil, the other pupils in the class, and the teacher, the school principal or his or her designee determines that readmission to the class is the best or only alternative.

SB821,12 Section 12. 118.164 (3) (am) 2. of the statutes is created to read:

SB821,10,2 118.164 (3) (am) 2. The teacher of the pupil may waive the requirement that the pupil remain out of the teacher's classroom for the remainder of the day.

SB821,13 Section 13. 118.21 (1) of the statutes is renumbered 118.21 (1) (a) and amended to read:

SB821,10,11 118.21 (1) (a) The school board shall contract in writing with qualified teachers. The school board shall file a contract, with a copy of the teacher's authority to teach attached, shall be filed with the school district clerk. Such contract, in addition to fixing the teacher's wage, may provide for compensating the teacher for necessary travel expense. A teaching contract with any person not legally authorized to teach the named subject or at the named school shall be void. All teaching contracts shall terminate if, and when, the authority to teach terminates.

SB821,14 Section 14. 118.21 (1) (b) of the statutes is created to read:

SB821,10,17 118.21 (1) (b) 1. In this paragraph, “physical assault” means the knowing or intentional touching of another person, by the use of any body part or object, with the intent to cause physical harm. “Physical assault” does not include the reasonable and necessary use of force for the purpose of self-defense or the defense of others under s. 939.48.

SB821,11,3 2. Beginning on the effective date of this subdivision .... [LRB inserts date], the school board shall include in each contract under this section a provision authorizing the teacher to terminate his or her contract without penalty, including the penalty of the payment of liquidated damages, if the teacher is the victim of a physical assault or of a violent crime, as defined in s. 939.632 (1) (e), while the teacher is on school premises, at or in transit to a school-sponsored activity, or otherwise engaged in official duties on behalf of the school district. The provision required under this subdivision shall specify that a teacher may terminate his or her contract as provided under this subdivision only if the teacher provides the school board with a law enforcement report documenting the physical assault or violent crime within 2 months of the incident covered in the report.

SB821,15 Section 15. 118.40 (4) (ar) 3. of the statutes is created to read:

SB821,12,2 118.40 (4) (ar) 3. Ensure that a charter school employee or teacher who is injured as a result of physical assault, as defined in s. 118.21 (1) (b) 1., or of a violent crime, as defined in s. 939.632 (1) (e), upon the person of the employee or teacher while the employee or teacher is in the performance of any duties as a charter school employee or teacher is provided with a reasonable paid leave of absence from employment with the governing board without a loss of leave benefits. Where inpatient care involving an overnight stay is required, a reasonable paid leave of absence is the longer of one workweek or the duration of the employee's or teacher's inpatient care. Where inpatient care involving an overnight stay is not required but medical treatment is needed, a reasonable paid leave of absence is the duration of time necessary to receive medical treatment or, if a health care provider certifies in writing that the employee or teacher is unable to return to work due to the injury, the duration of time specified by the health care provider. The governing board is entitled to the right of subrogation for reimbursement to the extent that an employee or teacher who sustains injuries while the employee or teacher is in the performance of his or her duties may recover the reimbursed items in an action or claim in tort against any 3rd party. A repayment made under this subdivision shall be limited to the total sum credited to the injured employee or teacher as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of the 3rd party. The governing board shall designate an employee to provide assistance to the charter school employee or teacher with insurance and benefits questions related to a leave of absence taken under this subdivision.

SB821,16 Section 16. 118.60 (1) (ae) of the statutes is created to read:

SB821,12,4 118.60 (1) (ae) “Behavioral records” has the meaning given in s. 118.125 (1) (a).

SB821,17 Section 17. 118.60 (7) (b) 4m. of the statutes is created to read:

SB821,12,9 118.60 (7) (b) 4m. a. Except as provided in subd. 4m. b., maintain behavioral records for each pupil attending the private school under this section while the pupil attends the school under the program under this section and until the pupil has graduated from high school.

SB821,12,15 b. Maintain behavioral records of a pupil until the pupil has attained the age of 21 if all of the following apply: the pupil was enrolled in but is not currently enrolled in the private school under this section; the pupil has not graduated from the private school; neither the pupil nor the pupil's parent or guardian nor a school or school district nor a court has submitted to the governing body of the private school the written notice described in s. 118.125 (4).

SB821,12,18 c. A private school official who maintains behavioral records under this subdivision shall keep the information in those records confidential in the same manner as is required of a public school official under s. 118.125.

SB821,18 Section 18. 118.60 (7) (b) 5m. of the statutes is created to read:

SB821,12,23 118.60 (7) (b) 5m. An adult pupil or the parent or guardian of a minor pupil shall, upon request, be shown, in the presence of a person qualified to explain and interpret the records, the pupil's behavioral records. Such pupil or parent or guardian shall, upon request, be provided with a copy of the behavioral records.

SB821,19 Section 19. 118.60 (7) (b) 7. b. of the statutes is amended to read:

SB821,13,13 118.60 (7) (b) 7. b. If the private school is affiliated with an organization that will maintain the progress records of each pupil who attended the school under this section for at least 5 years after the private school ceases operation as a private school, the private school may transfer a pupil's progress records to the organization if the pupil, or the parent or guardian of a minor pupil, consents in writing to the release of the progress records to the affiliated organization. The private school shall send to the department a copy of the consent form for each pupil who consents to the transfer of progress records under this subd. 7. b. The written notice shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall include the name, phone number, mailing address, and other relevant contact information of the organization that will maintain the progress records, and a declaration by the affiliated organization that the organization agrees to maintain the progress records for at least 5 years after the private school ceases operation as a private school.

SB821,20 Section 20. 118.60 (7) (b) 7m. of the statutes is created to read:

SB821,13,20 118.60 (7) (b) 7m. If the private school ceases operating as a private school, immediately transfer all of the behavioral records of each pupil who attended the school under this section to the school board of the school district within which the pupil resides. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of behavioral records under this subdivision.

SB821,21 Section 21. 119.16 (16) of the statutes is created to read:

SB821,14,8 119.16 (16) Teacher employment contracts. Beginning on the effective date of this subsection .... [LRB inserts date], the board shall include in any employment contract with a teacher a provision authorizing the teacher to terminate his or her contract without penalty, including the penalty of the payment of liquidated damages, if the teacher is a victim of a physical assault, as defined in s. 118.21 (1) (b) 1., or of a violent crime, as defined in s. 939.632 (1) (e), while the teacher is on school premises, at or in transit to a school-sponsored activity, or otherwise engaged in official duties on behalf of the school district. The provision required under this subsection shall specify that a teacher may terminate his or her contract as provided under this subsection only if the teacher provides the school board with a law enforcement report documenting the physical assault or violent crime within 2 months of the incident covered in the report.

SB821,22 Section 22. 119.23 (1) (aem) of the statutes is created to read:

SB821,14,11 119.23 (1) (aem) “Behavioral records” has the meaning given in s. 118.125 (1) (a).

SB821,23 Section 23. 119.23 (7) (b) 4m. of the statutes is created to read:

SB821,14,16 119.23 (7) (b) 4m. a. Except as provided in subd. 4m. b., maintain behavioral records for each pupil attending the private school under this section while the pupil attends the school under the program under this section and until the pupil has graduated from high school.

SB821,14,22 b. Maintain behavioral records of a pupil until the pupil has attained the age of 21 if all of the following apply: the pupil was enrolled in but is not currently enrolled in the private school under this section; the pupil has not graduated from the private school; neither the pupil nor the pupil's parent or guardian nor a school or school district nor a court has submitted to the governing body of the private school the written notice described in s. 118.125 (4).

SB821,14,25 c. A private school official who maintains behavioral records under this subdivision shall keep the information in those records confidential in the same manner as is required of a public school official under s. 118.125.

SB821,24 Section 24. 119.23 (7) (b) 5m. of the statutes is created to read:

SB821,15,5 119.23 (7) (b) 5m. An adult pupil or the parent or guardian of a minor pupil shall, upon request, be shown, in the presence of a person qualified to explain and interpret the records, the pupil's behavioral records. Such pupil or parent or guardian shall, upon request, be provided with a copy of the behavioral records.

SB821,25 Section 25. 119.23 (7) (b) 7. b. of the statutes is amended to read:

SB821,15,19 119.23 (7) (b) 7. b. If the private school is affiliated with an organization that will maintain the progress records of each pupil who attended the school under this section for at least 5 years after the private school ceases operation as a private school, the private school may transfer a pupil's progress records to the organization if the pupil, or the parent or guardian of a minor pupil, consents in writing to the release of the progress records to the affiliated organization. The private school shall send to the department a copy of the consent form for each pupil who consents to the transfer of progress records under this subd. 7. b. The written notice shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall include the name, phone number, mailing address, and other relevant contact information of the organization that will maintain the progress records, and a declaration by the affiliated organization that the organization agrees to maintain the progress records for at least 5 years after the private school ceases operation as a private school.

SB821,26 Section 26. 119.23 (7) (b) 7m. of the statutes is created to read:

SB821,16,2 119.23 (7) (b) 7m. If the private school ceases operating as a private school, immediately transfer all of the behavioral records of each pupil who attended the school under this section to the school board of the school district within which the pupil resides. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of behavioral records under this subdivision.

SB821,27 Section 27. 120.12 (24m) of the statutes is created to read:

SB821,17,2 120.12 (24m) Assistance and leave benefits for victims of physical assault. Ensure that a school district employee or teacher who is injured as a result of physical assault, as defined in s. 118.21 (1) (b) 1., or of a violent crime, as defined in s. 939.632 (1) (e), upon the person of the employee or teacher while the employee or teacher is in the performance of any duties as a school district employee or teacher is provided with a reasonable paid leave of absence from employment with the school district without a loss of leave benefits. Where inpatient care involving an overnight stay is required, a reasonable paid leave of absence is the longer of one workweek or the duration of the employee's or teacher's inpatient care. Where inpatient care involving an overnight stay is not required but medical treatment is needed, a reasonable paid leave of absence is the duration of time necessary to receive medical treatment or, if a health care provider certifies in writing that the employee or teacher is unable to return to work due to the injury, the duration of time specified by the health care provider. The school board is entitled to the right of subrogation for reimbursement to the extent that an employee or teacher who sustains injuries while the employee or teacher is in the performance of his or her duties may recover the reimbursed items in an action or claim in tort against any 3rd party. A repayment made under this subsection shall be limited to the total sum credited to the injured employee or teacher as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of the 3rd party. The school board shall designate a school district employee to provide assistance to the school district employee or teacher with insurance and benefits questions related to a leave of absence taken under this subsection.

SB821,28 Section 28. 120.12 (29) of the statutes is created to read:

SB821,17,5 120.12 (29) Notice of teacher protections. Provide to each teacher employed by the school board the summary described in s. 115.28 (54t).

SB821,29 Section 29. 938.396 (1) (c) 3. (intro.) of the statutes is amended to read:

SB821,17,22 938.396 (1) (c) 3. (intro.) At the request of a school district administrator, administrator of a charter school established under s. 118.40 (2r) or (2x), administrator of a private school, or administrator of a tribal school, or designee of a school district administrator, charter school administrator, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, charter school administrator, private school administrator, or, provided the official agency policy specifies that the information may not be provided to an administrator of a tribal school or a tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided in s. 118.127, tribal school administrator or designee, for use as provided in s. 118.127, any information in its records relating to any of the following if the official agency policy specifies that the information may not be provided to an administrator of a tribal school or a tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided in s. 118.127:

SB821,30 Section 30. 938.396 (1) (c) 3. a. of the statutes is amended to read:

SB821,18,3 938.396 (1) (c) 3. a. The use, possession, or distribution of alcohol or a controlled substance or controlled substance analog by a juvenile enrolled in the public school district, charter school, private school, or tribal school.

SB821,31 Section 31. 938.396 (1) (c) 3. c. of the statutes is amended to read:

SB821,18,8 938.396 (1) (c) 3. c. An act for which a juvenile enrolled in the school district, charter school, private school, or tribal school was taken into custody under s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed a violation of any state or federal criminal law.

SB821,32 Section 32. 938.396 (1) (c) 3. d. of the statutes is amended to read:

SB821,18,11 938.396 (1) (c) 3. d. An act for which a juvenile enrolled in the public school district, charter school, private school, or tribal school was adjudged delinquent.

SB821,33 Section 33. 938.396 (1) (c) 4. of the statutes is amended to read:

SB821,18,19 938.396 (1) (c) 4. A law enforcement agency may enter into an interagency agreement with a school board, the governing board of a charter school established under s. 118.40 (2r) or (2x), the governing body of a private school, a tribal school, a social welfare agency, or another law enforcement agency providing for the routine disclosure of information under subs. (1) pars. (b) 2. and 2m. and (c) 3. to the school board, private school governing board, governing body, tribal school, social welfare agency, or other law enforcement agency.

SB821,34 Section 34. 938.396 (1) (d) of the statutes is amended to read:

SB821,19,10 938.396 (1) (d) Law enforcement access to school records. On petition of a law enforcement agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without a court order under s. 118.125 (2) or (2m), for the purpose of pursuing an investigation of any alleged delinquent or criminal activity or on petition of a fire investigator under s. 165.55 (15) to review those pupil records for the purpose of pursuing an investigation under s. 165.55 (15), the court may order the school board of the school district, the governing board of the charter school established under s. 118.40 (2r) or (2x), or the governing body of the private school, in which a juvenile is enrolled to disclose to the law enforcement agency or fire investigator the pupil records of that juvenile as necessary for the law enforcement agency or fire investigator to pursue the investigation. The law enforcement agency or fire investigator may use the pupil records only for the purpose of the investigation and may make the pupil records available only to employees of the law enforcement agency or fire investigator who are working on the investigation.

SB821,19,11 (End)