LRBs0304/2
PG:cjs:km
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 663
February 22, 2000 - Offered by
Committee on Education.
AB663-ASA1,1,4
1An Act to renumber and amend 118.30 (3);
to amend 118.125 (2) (g) 2.; and
2to create 118.125 (7) and 118.30 (3) (b) of the statutes;
relating to: the
3disclosure of pupil records by the department of public instruction, the
4confidentiality of pupil assessments and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB663-ASA1, s. 1
5Section
1. 118.125 (2) (g) 2. of the statutes is amended to read:
AB663-ASA1,1,126
118.125
(2) (g) 2. Upon request by the department, the school board shall
7provide the department with any information contained in a pupil record that
relates
8to is in connection with an audit or evaluation of a federal or state-supported
9education program
, for the enforcement of or compliance with federal law relating
10to such a program or that is required to determine compliance with requirements
11under chs. 115 to 121.
The department shall keep confidential all pupil records
12provided to the department by a school board.
AB663-ASA1,2,92
118.125
(7) Confidentiality
of information provided to department. (a) The
3department shall keep confidential all information relating to individual pupils that
4is provided to the department except that the department may disclose such
5information to the U.S. comptroller general or the U.S. secretary of education, or to
6appropriate state agencies and local educational agencies, as determined by the state
7superintendent, in connection with an audit or evaluation of a federal or
8state-supported education program or for the enforcement of or compliance with
9federal law relating to such a program.
AB663-ASA1,2,1210
(b) A person to whom information is disclosed under par. (a) shall not disclose
11the information to any other person and shall destroy the information when it is no
12longer needed for the purposes specified in par. (a).
AB663-ASA1,2,1613
(c) If the department determines that a person to whom information is
14disclosed under par. (a) has disclosed the information in violation of par. (b), the
15department may not disclose information relating to individual pupils to that person
16for 3 years from the date of the determination.
AB663-ASA1,2,2017
(d) In addition to the fees specified in s. 19.35 (3), the department may impose
18a fee upon a requester that does not exceed the actual, necessary and direct cost of
19deleting from the requested record information that is prohibited from being
20disclosed under this section or
20 USC 1232g.
AB663-ASA1, s. 3
21Section 3. 118.30 (3) of the statutes is renumbered 118.30 (3) (a) and amended
22to read:
AB663-ASA1,3,323
118.30
(3) (a) The state superintendent shall
make available upon request, 24allow a person to view an examination required to be administered under this section
25if the person submits to the state superintendent a written request to do so within
190 days after the date of administration
, any
of the examination
required to be
2administered under this section. This
subsection
paragraph does not apply while
the 3an examination is being developed or validated.
AB663-ASA1,3,85
118.30
(3) (b) The state superintendent shall promulgate rules establishing
6procedures to administer par. (a). To the extent feasible, the rules shall protect the
7security and confidentiality of the examinations required to be administered under
8this section.