AB718-ASA1,2,7
4118.45 Tests for alcohol use. A school board employe or agent, or law
5enforcement officer, as defined in s. 102.475 (8) (c), authorized by a public school
6board may require a public school pupil, including a charter school pupil, to provide
7one or more samples of his or her breath for the purpose of determining the presence
8of alcohol in the pupil's breath whenever the authorized employe, agent or officer has
9reasonable suspicion that the pupil is under the influence of alcohol while the pupil
10is on the school premises, as defined in s. 125.09 (2) (a) 4. The authorized employe,
11agent or officer shall use a breath screening device approved by the department of
12transportation for the purpose of determining the presence of alcohol in a person's
13breath to determine if alcohol is present in the pupil's breath. The results of the
14breath screening device or the fact that a pupil refused to submit to breath testing
1may be used in any hearing or proceeding regarding the suspension or expulsion of
2a student due to alcohol use. No school board may require a pupil to provide one or
3more samples of his or her breath for the purpose of determining the presence of
4alcohol in the pupil's breath until the school board has adopted written policies
5regarding disciplines that will result from being under the influence of alcohol while
6on school premises or from refusing to submit to breath testing to determine the
7presence of alcohol in the pupil's breath.
