2023 - 2024 LEGISLATURE
February 20, 2023 - Introduced by Representatives Duchow, Armstrong,
Donovan, Moses, Murphy, Mursau, Nedweski, Novak, Rettinger and
Sortwell, cosponsored by Senators Jagler, Wanggaard, James,
Stroebel, Cowles and Marklein. Referred to Committee on Education.
1An Act to create
115.385 (1) (e), 115.385 (1g) (g) and 118.124 of the statutes; 2relating to: reporting certain crimes and other incidents that occur on school
3property or school transportation and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Beginning in the 2024-25 school year, this bill requires public high schools and
private high schools participating in a parental choice program to collect statistics
on violations of municipal disorderly conduct ordinances and certain crimes,
including homicide, sexual assault, burglary, battery, and arson, that occur on school
property or on transportation provided by the school. The high school must collect
statistics about the crime or disorderly conduct only if 1) it occurred on a weekday
between the hours of 6 a.m. and 10 p.m.; 2) it is reported to law enforcement; and 3)
a charge is filed or citation is issued. The bill further requires that the collected
statistics be reported to the Department of Public Instruction and included on the
annual school and school district accountability report. Finally, the bill clarifies that
DPI may not consider crimes statistics reported by a school or school district for
purposes of determining a school or school district's performance on the annual
school and school district accountability report.
For further information see the state and 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:
115.385 (1) (e) of the statutes is created to read:
(e) All of the following information derived from statistics reported 3
under s. 118.124:
1. The total number of incidents per 100 pupils reported by the school or school 5
2. The average total number of incidents per 100 pupils reported statewide.
3. The total number of incidents listed under s. 118.124 (2) (a) 1., 2., 4., and 8. 8
per 100 pupils reported by the school or school district.
4. The average total number of incidents listed under s. 118.124 (2) (a) 1., 2., 10
4., and 8. per 100 pupils reported statewide.
115.385 (1g) (g) of the statutes is created to read:
(g) The department may not consider the statistics reported by a 13
school or school district under s. 118.124.
118.124 of the statutes is created to read:
15118.124 Statistics of crimes and other safety-related incidents. (1)
(a) “Participating private high school" means a private school participating in 18
a parental choice program under s. 118.60 or 119.23 that operates high school grades.
(b) “Public high school" means a public school, including a charter school, that 20
operates high school grades.
(a) Subject to par. (b), beginning in the 2024-25 school year, a public high 22
school and a participating private high school shall collect and maintain statistics 23
of incidents of the following:
2. Sexual assault.
3. Burglary, robbery, or theft.
4. Battery, substantial battery, or aggravated battery under s. 940.19.
6. Use or possession of alcohol, a controlled substance, as defined in s. 961.01 5
(4), or a controlled substance analog, as defined in s. 961.01 (4m).
7. Possession of a firearm in violation of s. 948.605 (2).
8. A violation of a municipal ordinance relating to disorderly conduct.
(b) The requirement under par. (a) applies only to an incident that satisfies all 9
of the following:
1. The incident occurred Monday to Friday between the hours of 6 a.m. and 10 11
2. The incident occurred on one of the following:
a. Property owned or leased by the school district in which the public high 14
school is located, by the operator of the charter school, or by the governing body of 15
the participating private high school.
b. Transportation, including all of the methods of transportation described in 17
ss. 121.55 and 121.555, provided by the public high school, participating private high 18
school, or school district.
3. The incident was reported to law enforcement, and, as a result of the 20
incident, a charge was filed or a citation was issued.
(a) Annually, each public high school in a school district other than a charter 22
school established under s. 118.40 (2r) or (2x) shall report the statistics collected 23
under sub. (2) to the school board. Annually, by July 31, each school board shall 24
submit to the department a report that includes the statistics reported under this 25
paragraph by each public high school in the school district and aggregate statistics
collected under sub. (2) for all of the public high schools in the school district other 2
than charter schools established under s. 118.40 (2r) or (2x).
(b) Annually, by July 31, each operator of a charter school established under 4
s. 118.40 (2r) or (2x) that operates high school grades and the governing body of each 5
participating private high school shall submit to the department the statistics the 6
operator or governing body collected under sub. (2).
(c) No school board, operator of a charter school established under s. 118.40 (2r) 8
or (2x), or governing body of a participating private high school may include the 9
identity of a pupil in a report under this subsection.
The department shall promulgate rules to administer this section, 11
including a rule that requires public high schools, participating private high schools, 12
and school districts to collect and report statistics of incidents under this section in 13
accordance with the uniform crime reporting system of the department of justice.
The department of justice shall cooperate with the department to develop 15
a reporting system under this section that incorporates the uniform crime reporting 16
system of the department of justice.
(1) The treatment of s. 115.385 (1) (e) first applies to the school and school 19
district accountability report published for the 2024-25 school year.
This act takes effect on the day after publication, 21
except as follows:
(1) School and school district accountability report.
The treatment of s. 23
115.385 (1) (e) and (1g) (g) takes effect on July 1, 2024.