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1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1997 SENATE BILL 274
April 21, 1998 - Offered by
Committee on Education.
SB274-ASA2,1,3
1An Act to renumber and amend 120.13 (1) (a);
to amend 119.04 (1); and
to
2create 118.164 and 120.13 (1) (a) 1. to 4. of the statutes;
relating to: removal
3of disruptive pupils from the class.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB274-ASA2,1,7
5118.164 Removal of pupils from the class. (1) In this section, "teacher"
6means a person holding a license or permit issued by the state superintendent whose
7employment by a school district requires that he or she hold that license or permit.
SB274-ASA2,2,5
8(2) Subject to
20 USC 1415 (k) and beginning August 1, 1999, a teacher may
9remove a pupil from the teacher's class if the pupil violates the code of classroom
10conduct adopted under s. 120.13 (1) (a) or is dangerous, unruly or disruptive or
11interferes with the ability of the teacher to teach effectively, as specified in the code
1of classroom conduct. The teacher shall send the pupil to the school principal or his
2or her designee and notify the school principal or his or her designee immediately of
3the reasons for the removal. In addition, the teacher shall provide to the principal
4or his or her designee within 24 hours after the pupil's removal from the class a
5written explanation of the reasons for the removal.
SB274-ASA2,2,7
6(3) (a)
The school principal or his or her designee shall place the pupil in one
7of the following:
SB274-ASA2,2,88
1. An alternative education program, as defined in s. 115.28 (7) (e) 1.
SB274-ASA2,2,109
2. Another class in the school or another appropriate place in the school, as
10determined by the school principal or his or her designee.
SB274-ASA2,2,1111
3. Another instructional setting.
SB274-ASA2,2,1512
4. The class from which the pupil was removed if, after weighing the interests
13of the removed pupil, the other pupils in the class and the teacher, the school
14principal or his or her designee determines that readmission to the class is the best
15or only alternative.
SB274-ASA2,2,1816
(b) This subsection does not prohibit the teacher who removed the pupil from
17the class or the school board, school district administrator, school principal or their
18designees from disciplining the pupil.
SB274-ASA2,3,321
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c),
22115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
23(2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to
24118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163,
118.164, 118.18,
25118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30
1to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (24), 120.125, 120.13 (1), (2)
2(b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st
3class city school district and board.
SB274-ASA2, s. 3
4Section
3. 120.13 (1) (a) of the statutes is renumbered 120.13 (1) (a) (intro.)
5and amended to read:
SB274-ASA2,3,186
120.13
(1) (a) (intro.) Make rules for the organization, gradation and
7government of the schools of the school district, including rules pertaining to conduct
8and dress of pupils in order to maintain good decorum and a favorable academic
9atmosphere, which shall take effect when approved by a majority of the school board
10and filed with the school district clerk.
Subject to 20 USC 1415 (k), the school board
11shall adopt a code to govern pupils' classroom conduct beginning in the 1999-2000
12school year. The code shall be developed in consultation with a committee of school
13district residents that consists of parents, pupils, members of the school board, school
14administrators, teachers, pupil services professionals and other residents of the
15school district who are appointed to the committee by the school board. The code of
16classroom conduct may provide different standards of conduct for different schools
17and may provide additional placement options under s. 118.164 (3). The code shall
18include all of the following:
SB274-ASA2, s. 4
19Section
4. 120.13 (1) (a) 1. to 4. of the statutes are created to read:
SB274-ASA2,3,2220
120.13
(1) (a) 1. A specification of what constitutes dangerous, disruptive or
21unruly behavior or interference with the ability of the teacher to teach effectively
22under s. 118.164 (2).
SB274-ASA2,3,2423
2. Any grounds in addition to those under subd. 1. for the removal of a pupil
24from the class under s. 118.164 (2).
SB274-ASA2,4,3
13. The procedures for determining the appropriate educational placement of a
2pupil who has been removed from the class and assigned a placement by the school
3principal or his or her designee under s. 118.164.
SB274-ASA2,4,54
4. A procedure for notifying the parent or guardian of a minor pupil who has
5been removed from the class under s. 118.164 (2).
SB274-ASA2,4,107
(1) The joint legislative council is requested to study all of the following issues
8related to school discipline and to report its findings, conclusions and
9recommendations, if any, to the 1999 legislature in the manner provided under
10section 13.172 (2) of the statutes:
SB274-ASA2,4,1111
(a) The procedures for placement of unruly, disruptive or dangerous pupils.
SB274-ASA2,4,1212
(b) Alternative educational placement options.
SB274-ASA2,4,1413
(c) Adequacy of data collection regarding suspension, expulsion and other
14discipline of unruly, disruptive or dangerous pupils.
SB274-ASA2,4,1515
(d) Training school district staff to manage the behavior of pupils.
SB274-ASA2,4,1716
(e) Limiting the liability of school district staff, school board members and the
17school board for disciplining pupils.
SB274-ASA2,4,1818
(f) The discipline of children with disabilities.
