SENATE AMENDMENT 19,
TO SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 133
June 30, 1999 - Offered by Senators Darling, Panzer, Welch, A. Lasee, Farrow,
Roessler, Drzewiecki, Rude and Schultz.
AB133-SSA1-SA1-SA19,1,115
36.11
(36m) School safety research. The board shall direct the schools of
6education and other appropriate research-oriented departments within the system,
7to work with the technical college system board under s. 38.04 (27), school districts,
8private schools and the department of public instruction to present to school districts
9and private schools the results of research on models for and approaches to
10improving school safety and reducing discipline problems in schools and at school
11activities.".".
AB133-SSA1-SA1-SA19,2,94
38.04
(27) School safety. The board shall work with schools of education and
5other departments of the University of Wisconsin System under s. 36.11 (36m),
6school districts, private schools and the department of public instruction to present
7to school districts and private schools the results of research on models for and
8approaches to improving school safety and reducing discipline problems in schools
9and at school activities.".".
AB133-SSA1-SA1-SA19,2,1913
115.28
(43) School safety funding. With the department of justice, seek and
14apply for federal funds relating to school safety and reducing violence and disruption
15in schools, including funds for alternative schools or programs. Each department
16shall make a report by January 1, 2001, and January 1, 2003, of its progress in
17applying for and obtaining funds under this subsection. The report shall be provided
18to the legislature in the manner provided under s. 13.172 (2) to the cochairpersons
19of the joint committee on finance and to the governor.".".
AB133-SSA1-SA1-SA19,2,23
22"
Section 2048p. 115.38 (1) (b) of the statutes is renumbered 115.38 (1) (b) 1.
23and amended to read:
AB133-SSA1-SA1-SA19,3,7
1115.38
(1) (b) 1. Other indicators of school and school district performance,
2including dropout, attendance, retention in grade and graduation rates
; numbers of
3suspensions and expulsions; percentage of habitual truants, as defined in s. 118.16
4(1) (a); percentage of pupils participating in extracurricular and community
5activities and advanced placement courses; percentage of graduates enrolled in
6postsecondary educational programs; and percentage of graduates entering the
7workforce.
AB133-SSA1-SA1-SA19,3,179
115.38
(1) (b) 2. The numbers of suspensions and expulsions; the reasons for
10which pupils are suspended or expelled, reported according to categories specified by
11the state superintendent; the length of time for which pupils are expelled, reported
12according to categories specified by the state superintendent; whether pupils return
13to school after their expulsion; the educational programs and services, if any,
14provided to pupils during their expulsions, reported according to categories specified
15by the state superintendent; the schools attended by pupils who are suspended or
16expelled; and the grade, sex and ethnicity of pupils who are suspended or expelled
17and whether the pupils are children with disabilities, as defined in s. 115.76 (5).".".
AB133-SSA1-SA1-SA19,3,2421
118.16
(1m) The period during which a pupil is absent from school due to a
22suspension or expulsion under s. 120.13 or 119.25 is neither an absence without an
23acceptable excuse for the purposes of sub. (1) (a) nor an absence without legal cause
24for the purposes of sub. (1) (c).
AB133-SSA1-SA1-SA19,4,5
2118.175 Pupils without parents or guardians; report required. (1) This
3section does not apply to a pupil who has a legal custodian, as defined in s. 48.02 (11)
4or 938.02 (11), or who is cared for by a kinship care relative, as defined in s. 48.57 (3m)
5(a).
AB133-SSA1-SA1-SA19,4,10
6(2) If a pupil is a child who is without a parent or guardian, any school teacher,
7school administrator, school counselor or school social worker who knows that the
8child is without a parent or guardian shall report that fact as soon as possible to the
9county department under s. 46.22 or 46.23 or, in a county having a population of
10500,000 or more, to the department of health and family services.".".
AB133-SSA1-SA1-SA19,4,2215
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c),
16115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
17(2), 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14,
18118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19,
19118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to
118.43
20118.435, 118.51, 118.52, 118.55, 120.12 (5) and (15) to
(25) (26), 120.125, 120.13 (1),
21(2) (b) to (g), (3), (14), (17) to (19), (26), (34)
and
, (35)
and (37) and 120.14 are
22applicable to a 1st class city school district and board.".".
AB133-SSA1-SA1-SA19,5,32
120.12
(26) School safety plans. Have in effect a school safety plan for each
3school in the school district.
AB133-SSA1-SA1-SA19,6,135
120.13
(1) (b) The school district administrator or any principal or teacher
6designated by the school district administrator also may make rules, with the
7consent of the school board, and may suspend a pupil for not more than 5 school days
8or, if a notice of expulsion hearing has been sent under par. (c) 4 or (e) 4. or s. 119.25
9(2) (c), for not more than a total of 15 consecutive school days for noncompliance with
10such rules or school board rules, or for knowingly conveying any threat or false
11information concerning an attempt or alleged attempt being made or to be made to
12destroy any school property by means of explosives, for conduct by the pupil while
13at school or while under the supervision of a school authority which endangers the
14property, health or safety of others, or for conduct while not at school or while not
15under the supervision of a school authority which endangers the property, health or
16safety of others at school or under the supervision of a school authority or endangers
17the property, health or safety of any employe or school board member of the school
18district in which the pupil is enrolled.
In this paragraph, conduct that endangers a
19person or property includes making a threat to the health or safety of a person or
20making a threat to damage property. Prior to any suspension, the pupil shall be
21advised of the reason for the proposed suspension. The pupil may be suspended if
22it is determined that the pupil is guilty of noncompliance with such rule, or of the
23conduct charged, and that the pupil's suspension is reasonably justified. The parent
24or guardian of a suspended minor pupil shall be given prompt notice of the
25suspension and the reason for the suspension. The suspended pupil or the pupil's
1parent or guardian may, within 5 school days following the commencement of the
2suspension, have a conference with the school district administrator or his or her
3designee who shall be someone other than a principal, administrator or teacher in
4the suspended pupil's school. If the school district administrator or his or her
5designee finds that the pupil was suspended unfairly or unjustly, or that the
6suspension was inappropriate, given the nature of the alleged offense, or that the
7pupil suffered undue consequences or penalties as a result of the suspension,
8reference to the suspension on the pupil's school record shall be expunged. Such
9finding shall be made within 15 days of the conference. A pupil suspended under this
10paragraph shall not be denied the opportunity to take any quarterly, semester or
11grading period examinations or to complete course work missed during the
12suspension period, as provided in the attendance policy established under s. 118.16
13(4) (a).
AB133-SSA1-SA1-SA19,7,315
120.13
(1) (c) 1. The school board may expel a pupil from school whenever it
16finds the pupil guilty of repeated refusal or neglect to obey the rules, or finds that a
17pupil knowingly conveyed or caused to be conveyed any threat or false information
18concerning an attempt or alleged attempt being made or to be made to destroy any
19school property by means of explosives, or finds that the pupil engaged in conduct
20while at school or while under the supervision of a school authority which
21endangered the property, health or safety of others, or finds that a pupil while not
22at school or while not under the supervision of a school authority engaged in conduct
23which endangered the property, health or safety of others at school or under the
24supervision of a school authority or endangered the property, health or safety of any
25employe or school board member of the school district in which the pupil is enrolled,
1and is satisfied that the interest of the school demands the pupil's expulsion.
In this
2subdivision, conduct that endangers a person or property includes making a threat
3to the health or safety of a person or making a threat to damage property.".".
AB133-SSA1-SA1-SA19,7,9
7165.72 (title)
Controlled
Dangerous weapons or criminal activity in
8schools hotline; controlled substances hotline and rewards
for controlled
9substances tips.
AB133-SSA1-SA1-SA19,7,1212
165.72
(1) (ad) "Dangerous weapon" has the meaning given in s. 939.22 (10).
AB133-SSA1-SA1-SA19,7,1614
165.72
(2) Hotline. (intro.) The department
of justice shall maintain a
single 15toll-free telephone number during normal retail business hours, as determined by
16departmental rule, for
both all of the following:
AB133-SSA1-SA1-SA19,7,1918
165.72
(2) (c) For persons to provide information anonymously regarding
19dangerous weapons or criminal activity in public or private schools.
AB133-SSA1-SA1-SA19,8,421
165.72
(2g) After-hours message for calls concerning dangerous weapons
22in schools. If a call is made outside of normal retail business hours to the telephone
23number maintained under sub. (2), the department shall provide for the call to be
24received by a telephone answering system or service. The telephone answering
1system or service shall provide a recorded message that requests the person calling
2to call the telephone number "911" or a local law enforcement agency if the person
3is calling to provide information regarding dangerous weapons or criminal activity
4in a school.
AB133-SSA1-SA1-SA19,8,106
165.72
(2m) Transmission of information concerning dangerous weapons in
7schools. Immediately upon receiving any information under sub. (2) (c) regarding
8dangerous weapons or criminal activity in a school, or immediately at the beginning
9of the next retail business day if the information is not received during normal retail
10business hours, the department shall provide the information to all of the following:
AB133-SSA1-SA1-SA19,8,1111
(a) The administration of the school.
AB133-SSA1-SA1-SA19,8,1312
(b) The appropriate law enforcement agency for the municipality in which the
13school is located.
AB133-SSA1-SA1-SA19,8,1715
165.72
(7) Publicity. The department shall cooperate with the department of
16public instruction in publicizing, in public
and private schools, the use of the toll-free
17telephone number under sub. (2).".".
AB133-SSA1-SA1-SA19,9,521
895.035
(4) Except for recovery
under sub. (4a) or for retail theft under s.
22943.51, the maximum recovery
under this section from any parent or parents may
23not exceed the amount specified in s. 799.01 (1) (d) for damages resulting from any
24one act of a juvenile in addition to taxable costs and disbursements and reasonable
1attorney fees, as determined by the court. If 2 or more juveniles in the custody of the
2same parent or parents commit the same act the total recovery
under this section 3may not exceed the amount specified in s. 799.01 (1) (d), in addition to taxable costs
4and disbursements. The maximum recovery from any parent or parents for retail
5theft by their minor child is established under s. 943.51.
AB133-SSA1-SA1-SA19,9,127
895.035
(4a) (a) The maximum recovery under this section by a school board
8or a governing body of a private school from any parent or parents with custody of
9a minor child may not exceed $20,000 for damages resulting from any one act of the
10minor child in addition to taxable costs and disbursements and reasonable attorney
11fees, as determined by the court, for damages caused to the school board or the
12governing body of a private school by any of the following actions of the minor child:
AB133-SSA1-SA1-SA19,9,1613
1. An act or threat that endangers the property, health or safety of persons at
14the school or under the supervision of a school authority or that damages the
15property of a school board or the governing body of a private school and that results
16in a substantial disruption of a school day or a school activity.
AB133-SSA1-SA1-SA19,9,1817
2. An act resulting in a violation of s. 943.01, 943.02, 943.03, 943.05, 943.06 or
18947.015.
AB133-SSA1-SA1-SA19,9,2219
(b) In addition to other recoverable damages, damages under par. (a) may
20include the cost to the school board or the governing body of a private school in loss
21of instructional time directly resulting from the action of the minor child under par.
22(a).
AB133-SSA1-SA1-SA19,9,2423
(c) If 2 or more minor children in the custody of the same parent or parents are
24involved in the same action under par. (a), the total recovery may not exceed $20,000,
1in addition to taxable costs, disbursements and reasonable attorney fees, as
2determined by the court.
AB133-SSA1-SA1-SA19,10,53
(d) If an insurance policy does not explicitly provide coverage for actions under
4par. (a), the issuer of that policy is not liable for the damages resulting from those
5actions.".".
AB133-SSA1-SA1-SA19,10,12
9947.017 Threat to cause death, bodily harm or property damage. (1)
10In this section, "governmental unit" means the United States, this state or one of its
11political subdivisions, an instrumentality or corporation of any of the foregoing or a
12combination or subunit of any of the foregoing.
AB133-SSA1-SA1-SA19,10,17
13(2) A person is guilty of a Class E felony if the person threatens to use a
14dangerous weapon or explosives to cause death, bodily harm or property damage in
15or on the premises of a structure owned, occupied or controlled by a governmental
16unit, a school, as defined in s. 948.50 (2) (a), or an institution of higher education, as
17defined in s. 108.02 (18).".".
AB133-SSA1-SA1-SA19,10,23
20"
(4g) School performance reports. The renumbering and amendment of
21section 115.38 (1) (b) of the statutes and the creation of section 115.38 (1) (b) 2. of the
22statutes first apply to reports required, under section 115.38 (2) of the statutes, to be
23distributed by January 1, 2002.".".
AB133-SSA1-SA1-SA19,11,3
2"
(1g) School safety plans. The creation of section 120.12 (26) of the statutes
3takes effect on the first day of the 6th month beginning after publication.".".
