AB130-engrossed,116,172 51.35 (3) (b) The court assigned to exercise jurisdiction under ch. chs. 48 and
3938
shall determine, based on the allegations of the petition and accompanying
4documents, whether the transfer is voluntary on the part of the minor if he or she is
5aged 14 or over, and whether the transfer of the minor to an inpatient facility is
6appropriate and consistent with the needs of the minor. In the event that the court
7is unable to make such determinations based on the petition and accompanying
8documents, it shall order additional information to be produced as it deems
9necessary to make such review, and make such determinations within 14 days of
10admission, or it may hold a hearing within 14 days of admission. If a notation of the
11minor's unwillingness appears on the face of the petition, or that a hearing has been
12requested by the minor, the minor's counsel, guardian ad litem, parent or guardian,
13the court shall hold a hearing and appoint counsel or a guardian ad litem for the
14minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall
15approve or disapprove the request for transfer. If the minor is under the continuing
16jurisdiction of the court of another county, the court may order the case transferred
17together with all appropriate records to that court.
AB130-engrossed, s. 401 18Section 401. 51.35 (3) (c) of the statutes is amended to read:
AB130-engrossed,117,619 51.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a
20secured child caring institution, as defined in s. 938.02 (15g),
or a licensed physician
21of the department of corrections, who has reason to believe that any individual
22confined in the facility or institution is, in his or her opinion, mentally ill, drug
23dependent or developmentally disabled, and is dangerous as defined in s. 51.20 (1)
24(a) 2., or is an alcoholic and is dangerous as defined in s. 51.45 (13) (a), shall file a
25written report with the superintendent of the facility or institution, stating the

1nature and basis of the belief. If the superintendent, upon review of the allegations
2in the report, determines that transfer is appropriate, he or she shall file a petition
3according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch
4chs. 48 and 938 of the county where the correctional facility or secured child caring
5institution
is located. The court shall hold a hearing according to procedures
6provided in s. 51.20 or 51.45 (13).
AB130-engrossed, s. 402 7Section 402. 51.35 (3) (e) of the statutes is amended to read:
AB130-engrossed,117,258 51.35 (3) (e) The department may authorize emergency transfer of an
9individual from a juvenile correctional facility or a secured child caring institution,
10as defined in s. 938.02 (15g),
to a state treatment facility if there is cause to believe
11that the individual is mentally ill, drug dependent or developmentally disabled and
12exhibits conduct which constitutes a danger as defined in s. 51.20 (1) (a) 2. to the
13individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13)
14(a) 1. and 2. The correctional custodian of the sending facility or institution shall
15execute a statement of emergency detention or petition for emergency commitment
16for the individual and deliver it to the receiving state treatment facility. The
17department shall file the statement or petition with the court within 24 hours after
18the subject individual is received for detention or commitment. The statement or
19petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency
20transfer is made, the director of the receiving facility may file a petition for continued
21commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the
22facility or institution from which the transfer was made. As an alternative to this
23procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that
24no prisoner may be released without the approval of the court which directed
25confinement in the correctional facility or secured child caring institution.
AB130-engrossed, s. 403
1Section 403. 51.35 (3) (g) of the statutes is amended to read:
AB130-engrossed,118,112 51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment
3facility under par. (a) may request in writing a return to the juvenile correctional
4facility or secured child caring institution, as defined in s. 938.02 (15g). In the case
5of a minor under 14 years of age, the parent or guardian may make the request. Upon
6receipt of a request for return from a minor 14 years of age or over, the director shall
7immediately notify the minor's parent or guardian. The minor shall be returned to
8the juvenile correctional facility or secured child caring institution within 48 hours
9after submission of the request unless a petition or statement is filed for emergency
10detention, emergency commitment, involuntary commitment or protective
11placement.
AB130-engrossed, s. 404 12Section 404. 51.42 (3) (ar) 4. b. of the statutes is amended to read:
AB130-engrossed,118,1513 51.42 (3) (ar) 4. b. Comprehensive diagnostic and evaluation services,
14including assessment as specified under ss. 343.30 (1q) and 343.305 (10) and
15assessments under s. ss. 48.295 (1) and 938.295 (1).
AB130-engrossed, s. 405 16Section 405. 51.42 (3) (as) 1. of the statutes is amended to read:
AB130-engrossed,119,1617 51.42 (3) (as) 1. A county department of community programs shall authorize
18all care of any patient in a state, local or private facility under a contractual
19agreement between the county department of community programs and the facility,
20unless the county department of community programs governs the facility. The need
21for inpatient care shall be determined by the program director or designee in
22consultation with and upon the recommendation of a licensed physician trained in
23psychiatry and employed by the county department of community programs or its
24contract agency. In cases of emergency, a facility under contract with any county
25department of community programs shall charge the county department of

1community programs having jurisdiction in the county where the patient is found.
2The county department of community programs shall reimburse the facility for the
3actual cost of all authorized care and services less applicable collections under s.
446.036, unless the department of health and social services determines that a charge
5is administratively infeasible, or unless the department of health and social services,
6after individual review, determines that the charge is not attributable to the cost of
7basic care and services. A county department of community programs may not
8reimburse any state institution or receive credit for collections for care received
9therein by nonresidents of this state, interstate compact clients, transfers under s.
1051.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a),
11commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats. , or s. 971.14,
12971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the
13guardianship or legal custody of the department of health and social services or the
14department of corrections under s. 48.355, 48.427 or, 48.43 or 938.355. The
15exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which
16are attributable to care and treatment of the client.
AB130-engrossed, s. 406 17Section 406. 51.437 (4rm) (a) of the statutes is amended to read:
AB130-engrossed,120,1918 51.437 (4rm) (a) A county department of developmental disabilities services
19shall authorize all care of any patient in a state, local or private facility under a
20contractual agreement between the county department of developmental disabilities
21services and the facility, unless the county department of developmental disabilities
22services governs the facility. The need for inpatient care shall be determined by the
23program director or designee in consultation with and upon the recommendation of
24a licensed physician trained in psychiatry and employed by the county department
25of developmental disabilities services or its contract agency prior to the admission

1of a patient to the facility except in the case of emergency services. In cases of
2emergency, a facility under contract with any county department of developmental
3disabilities services shall charge the county department of developmental
4disabilities services having jurisdiction in the county where the individual receiving
5care is found. The county department of developmental disabilities services shall
6reimburse the facility for the actual cost of all authorized care and services less
7applicable collections under s. 46.036, unless the department of health and social
8services determines that a charge is administratively infeasible, or unless the
9department of health and social services, after individual review, determines that
10the charge is not attributable to the cost of basic care and services. The exclusionary
11provisions of s. 46.03 (18) do not apply to direct and indirect costs which are
12attributable to care and treatment of the client. County departments of
13developmental disabilities services may not reimburse any state institution or
14receive credit for collections for care received therein by nonresidents of this state,
15interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s.
16975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06,
17admissions under s. 975.17, 1977 stats., or children placed in the guardianship or
18legal custody of the department of health and social services under s. 48.355, 48.427
19or, 48.43 or 938.355.
AB130-engrossed, s. 407 20Section 407. 51.45 (5) (d) 1. of the statutes is amended to read:
AB130-engrossed,121,221 51.45 (5) (d) 1. Ensure that each county receiving funding under par. (b) has
22in place not later than 12 months from the date the county initially receives the
23funding a coordinating council whose duties shall include the coordination of alcohol
24and other drug abuse activities relating to primary prevention with school districts,
25community service and treatment providers in the community, courts assigned to

1exercise jurisdiction under ch. chs. 48 and 938, law enforcement agencies, parents,
2children and the alcohol and other drug abuse prevention specialist.
AB130-engrossed, s. 408 3Section 408. 51.45 (11) (bm) of the statutes is amended to read:
AB130-engrossed,121,74 51.45 (11) (bm) If the person who appears to be incapacitated by alcohol under
5par. (b) is a minor, either a law enforcement officer or a person authorized to take a
6child into custody under ch. 48 or 938 may take the minor into custody as provided
7in par. (b).
AB130-engrossed, s. 409 8Section 409. 59.175 of the statutes is amended to read:
AB130-engrossed,121,22 959.175 Clerks of counties containing state institutions to make claims
10in certain cases.
The county clerk of any county which is entitled to reimbursement
11under s. 16.51 (7) shall make a certified claim against the state, without direction
12from the county board, in all cases where the reimbursement is directed in that
13subsection, upon forms prescribed by the department of administration. The forms
14shall contain information required by the clerk and shall be filed annually with the
15department of corrections
on or before June 1. If the claim is for reimbursement of
16expenses involving a prisoner in a state prison, as defined in s. 302.01, the form shall
17be filed with the department of corrections. If the claim is for reimbursement of
18expenses involving a child in a secured correctional facility, as defined in s. 938.02
19(15m), the form shall be filed with the department of health and social services.
If
20the claims are approved by the department of corrections or the department of health
21and social services
, they shall be certified to the department of administration and
22paid from the appropriation made by under s. 20.410 (1) (c) or 20.435 (3) (c).
AB130-engrossed, s. 410 23Section 410. 60.23 (22m) of the statutes is created to read:
AB130-engrossed,122,324 60.23 (22m) School attendance. If the town board has established a
25municipal court under s. 755.01 (1), enact and enforce an ordinance to impose a

1forfeiture, which is the same as the fine provided under s. 118.15 (5), upon a person
2having under his or her control a child who is between the ages of 6 and 18 years and
3whose child is not in compliance with s. 118.15.
AB130-engrossed, s. 411 4Section 411. 101.123 (1) (i) of the statutes is amended to read:
AB130-engrossed,122,85 101.123 (1) (i) "State institution" means a prison, a secured correctional
6facility, a mental health institute as defined in s. 51.01 (12) or a center for the
7developmentally disabled as defined in s. 51.01 (3), except that "state institution"
8does not include a Type 2 secured correctional facility, as defined in s. 938.02 (20)
.
AB130-engrossed, s. 412 9Section 412. 101.123 (3) (gg) of the statutes is created to read:
AB130-engrossed,122,1110 101.123 (3) (gg) A Type 2 secured correctional facility, as defined in s. 938.02
11(20).
AB130-engrossed, s. 413 12Section 413. 102.07 (13) of the statutes is amended to read:
AB130-engrossed,122,1813 102.07 (13) A child performing uncompensated community service work as a
14result of an informal disposition under s. 48.245 a deferred prosecution agreement
15under s. 938.245
, a consent decree under s. 48.32 938.32 or an order under s. 48.34
16(9) 938.34 (5g) is an employe of the county in which the court ordering the community
17service work is located. No compensation may be paid to that employe for temporary
18disability during the healing period.
AB130-engrossed, s. 414 19Section 414. 103.70 (1) of the statutes is amended to read:
AB130-engrossed,123,420 103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31
21and 103.78, and as may be provided under s. 103.79, a minor, unless indentured as
22an apprentice in accordance with s. 106.01, or unless 12 years and over and engaged
23in agricultural pursuits, or unless 14 years and over and enrolled in a youth
24apprenticeship program under s. 101.265, shall may not be employed or permitted
25to work at any gainful occupation or employment unless there is first obtained from

1the department or a permit officer a written permit authorizing the employment of
2the minor within those periods of time stated in the permit, which shall not exceed
3the maximum hours prescribed by law. The issuance of a permit under this
4subsection is subject to any limitations imposed under s. 938.342 (1) (e).
AB130-engrossed, s. 415 5Section 415. 103.72 of the statutes is amended to read:
AB130-engrossed,123,11 6103.72 Refusal and revocation of permits. (1) The department or permit
7officer may refuse to grant permits in the case of minors who seem physically unable
8to perform the labor at which they are to be employed. They may also refuse to grant
9a permit if in their judgment the best interests of the minor would be served by such
10that refusal. The department shall refuse to grant a permit if so ordered under s.
11938.342 (1) (e).
AB130-engrossed,123,21 12(2) Whenever it shall appear appears to the department that any a permit has
13been improperly or illegally issued, or that the physical or moral welfare or school
14attendance
of the minor would be best served by the revocation of the permit, the
15department may forthwith immediately, without notice, revoke the same, and
16permit. The department shall revoke a permit if ordered to do so under s. 938.342
17(1) (e). If the department revokes a permit, the department
shall , by registered mail,
18notify the person employing such the minor and the minor holding such the permit
19of such the revocation. Upon receipt of such the notice, the employer employing such
20the minor shall forthwith immediately return the revoked permit to the department
21and discontinue the employment of the minor.
AB130-engrossed, s. 416 22Section 416. 103.87 of the statutes is amended to read:
AB130-engrossed,124,11 23103.87 Employe not to be disciplined for testifying. No employer may
24discharge an employe because the employe is subpoenaed to testify in an action or
25proceeding pertaining to a crime or pursuant to ch. 48 or 938. On or before the first

1business day after the receipt of a subpoena to testify, the employe shall give the
2employer notice if he or she will have to be absent from employment because he or
3she has been subpoenaed to testify in an action or proceeding pertaining to a crime
4or pursuant to ch. 48 or 938. If a person is subpoenaed to testify in an action or
5proceeding as a result of a crime, as defined in s. 950.02 (1m), against the person's
6employer or an incident involving the person during the course of his or her
7employment, the employer shall not decrease or withhold the employe's pay for any
8time lost resulting from compliance with the subpoena. An employer who violates
9this section may be fined not more than $200 and may be required to make full
10restitution to the aggrieved employe, including reinstatement and back pay. Except
11as provided in this section, restitution shall be in accordance with s. 973.20.
AB130-engrossed, s. 417 12Section 417. 115.31 (1) (b) of the statutes is amended to read:
AB130-engrossed,124,2013 115.31 (1) (b) "Educational agency" means a school district, cooperative
14educational service agency, state correctional institution under s. 302.01, secured
15correctional facility, as defined in s. 48.02 938.02 (15m), secured child caring
16institution, as defined in s. 938.02 (15g),
the Wisconsin school for the visually
17handicapped, the Wisconsin school for the deaf, the Mendota mental health institute,
18the Winnebago mental health institute, a state center for the developmentally
19disabled, a private school or a private, nonprofit, nonsectarian agency under contract
20with a school board under s. 118.153 (3) (c).
AB130-engrossed, s. 418 21Section 418. 115.81 (9) (c) of the statutes is amended to read:
AB130-engrossed,124,2522 115.81 (9) (c) Notwithstanding ss. 48.34 (4) and (4m), 48.345, 48.363, 48.427
23(3), 767.24 (3), 880.12 and, 880.15, 938.183, 938.34 (4) and (4m), 938.345 and
24938.363
, a surrogate parent has the authority to act as the child's parent in all
25matters relating to this subchapter.
AB130-engrossed, s. 419
1Section 419. 115.85 (2m) of the statutes is amended to read:
AB130-engrossed,125,92 115.85 (2m) Placement disputes. If a dispute arises between the school board
3and the department of health and social services or a county department under s.
446.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the
5placement of a child in an appropriate program under sub. (2), the state
6superintendent shall resolve the dispute. This subsection applies only to placements
7in nonresidential educational programs made under ss. 48.48 (4) and, 48.57 (1) (c),
8938.48 (4) and 938.57 (1) (c)
and to placements in child caring institutions made
9under s. 115.815.
AB130-engrossed, s. 420 10Section 420. 118.125 (1) (a) of the statutes is amended to read:
AB130-engrossed,125,1711 118.125 (1) (a) "Behavioral records" means those pupil records which include
12psychological tests, personality evaluations, records of conversations, any written
13statement relating specifically to an individual pupil's behavior, tests relating
14specifically to achievement or measurement of ability, the pupil's physical health
15records other than his or her immunization records or any lead screening records
16required under s. 254.162, peace officers' records obtained under s. 48.396 938.396
17(1m) and any other pupil records that are not progress records.
AB130-engrossed, s. 421 18Section 421. 118.125 (2) (cg) of the statutes is created to read:
AB130-engrossed,125,2119 118.125 (2) (cg) A law enforcement agency shall, upon request, be provided by
20the school district clerk with a copy of the attendance record of a pupil who is the
21subject of an investigation by the law enforcement agency.
AB130-engrossed, s. 422 22Section 422. 118.125 (2) (cm) of the statutes is amended to read:
AB130-engrossed,126,223 118.125 (2) (cm) If school attendance is a condition of a child's dispositional
24order under s. 48.355 (2) (b) 7. or 938.355 (2) (b) 7., the school board shall notify the

1county department that is responsible for supervising the child within 5 days after
2any violation of the condition by the child.
AB130-engrossed, s. 423 3Section 423. 118.125 (2) (d) of the statutes is amended to read:
AB130-engrossed,127,24 118.125 (2) (d) Pupil records may shall be made available to persons employed
5by the school district which the pupil attends who are required by the department
6under s. 115.28 (7) to hold a license and other school district officials who have been
7determined by the school board to have legitimate educational or safety interests in
8the pupil records
. Peace officers' records obtained under s. 48.396 (1m) may 938.396
9(1m) (a) shall
be made available under this paragraph only for the purposes of s.
10118.127 (2) and only to those designated personnel involved in employes of the school
11district who have been designated by the school board to receive that information for
12the purpose of providing
alcohol and other drug abuse programs. Peace officers'
13records obtained under s. 938.396 (1m) (b) shall be made available under this
14paragraph for the purposes of s. 118.127 (3) to persons employed by the school district
15which the pupil attends who are required by the department under s. 115.28 (7) to
16hold a license, to other school district officials who have been determined by the
17school board to have legitimate educational or safety interests in those records and
18to those employes of the school district who have been designated by the school board
19to receive that information for the purpose of providing treatment programs. A
20school board member or an employe of a school district may not be held personally
21liable for any damages caused by the nondisclosure of any information specified in
22this paragraph unless the member or employe acted with actual malice in failing to
23disclose the information. A school district may not be held liable for any damages
24caused by the nondisclosure of any information specified in this paragraph unless

1the school district or its agent acted with gross negligence or with reckless, wanton
2or intentional misconduct in failing to disclose the information.
AB130-engrossed, s. 424 3Section 424. 118.125 (2) (j) 3. of the statutes is amended to read:
AB130-engrossed,127,164 118.125 (2) (j) 3. If a school has notified the parent, legal guardian or guardian
5ad litem of the information that it has designated as directory data with respect to
6any pupil, the school has allowed 14 days for the parent, legal guardian or guardian
7ad litem of the pupil to inform the school that such information may not be released
8without the prior consent of the parent, legal guardian or guardian ad litem and the
9parent, legal guardian or guardian ad litem has not so informed the school, the school
10district clerk, upon request, shall provide any representative of a law enforcement
11agency, as defined in s. 165.83 (1) (b), district attorney or corporation counsel, county
12department under s. 46.215, 46.22 or 46.23 or a court of record or municipal court
13with such information relating to any such pupil enrolled in the school district for the
14purpose of enforcing that pupil's school attendance or to respond, investigating
15alleged criminal or delinquent activity by the pupil or responding
to a health or safety
16emergency.
AB130-engrossed, s. 425 17Section 425. 118.125 (2) (L) of the statutes is amended to read:
AB130-engrossed,127,2118 118.125 (2) (L) A school board shall disclose the pupil records of a pupil in
19compliance with a court order under s. 48.34 (12) (b) 938.34 (7d) (b), 938.396 (1m) (c)
20or 938.78 (2) (b) 2.
after making a reasonable effort to notify the pupil's parent or legal
21guardian.
AB130-engrossed, s. 426 22Section 426. 118.125 (3) of the statutes is amended to read:
AB130-engrossed,128,923 118.125 (3) Maintenance of records. Each school board shall adopt rules in
24writing specifying the content of pupil records and the time during which pupil
25records shall be maintained. No behavioral records may be maintained for more than

1one year after the pupil ceases to be enrolled in the school, unless the pupil specifies
2in writing that his or her behavioral records may be maintained for a longer period.
3A pupil's progress records shall be maintained for at least 5 years after the pupil
4ceases to be enrolled in the school. A school board may maintain the records on
5microfilm or optical disk if authorized under s. 19.21 (4) (c), or in such other form as
6the school board deems appropriate. A school board shall maintain peace officers'
7records obtained under s. 48.396 938.396 (1m) separately from a pupil's other pupil
8records. Rules adopted under this subsection shall be published by the school board
9as a class 1 notice under ch. 985.
AB130-engrossed, s. 427m 10Section 427m. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts
11377, 385 and 491, is amended to read:
AB130-engrossed,128,2212 118.125 (4) Transfer of records. Within 5 working days, a school district shall
13transfer to another school or school district all pupil records relating to a specific
14pupil if the transferring school district has received written notice from the pupil if
15he or she is an adult or his or her parent or guardian if the pupil is a minor that the
16pupil intends to enroll in the other school or school district or written notice from the
17other school or school district that the pupil has enrolled or from a court that legal
18custody of the pupil has been transferred to the department of corrections or that
the
19pupil has been placed in a juvenile correctional facility. In this subsection, "school"
20and "school district" include any state juvenile correctional facility which provides
21an educational program for its residents instead of or in addition to that which is
22provided by public and private schools.
AB130-engrossed, s. 427p 23Section 427p. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts
24377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
25read:
AB130-engrossed,129,11
1118.125 (4) Transfer of records. Within 5 working days, a school district shall
2transfer to another school or school district all pupil records relating to a specific
3pupil if the transferring school district has received written notice from the pupil if
4he or she is an adult or his or her parent or guardian if the pupil is a minor that the
5pupil intends to enroll in the other school or school district or written notice from the
6other school or school district that the pupil has enrolled or from a court that the pupil
7has been placed in a juvenile correctional facility or a secured child caring
8institution, as defined in s. 938.02 (15g). In this subsection, "school" and "school
9district" include any state juvenile correctional facility or secured child caring
10institution which provides an educational program for its residents instead of or in
11addition to that which is provided by public and private schools.
AB130-engrossed, s. 428 12Section 428. 118.125 (5) of the statutes is renumbered 118.125 (5) (a) and
13amended to read:
AB130-engrossed,129,1614 118.125 (5) (a) Nothing Except as provided in par. (b), nothing in this section
15prohibits the use of a pupil's records in connection with the suspension or expulsion
16of the pupil or the use of such records by a multidisciplinary team under ch. 115.
AB130-engrossed, s. 429 17Section 429. 118.125 (5) (b) of the statutes is created to read:
AB130-engrossed,129,2118 118.125 (5) (b) Peace officers' records obtained under s. 938.396 (1m) and
19records of the court assigned to exercise jurisdiction under chs. 48 and 938 obtained
20under s. 938.396 (7) shall not be used as the sole basis for expelling or suspending
21a pupil.
AB130-engrossed, s. 430 22Section 430. 118.127 (1) of the statutes is amended to read:
AB130-engrossed,130,223 118.127 (1) Upon receipt of information from peace officers' records obtained
24under s. 48.396 938.396 (1m), the school district administrator shall notify any pupil

1named in the records, and the parent or guardian of any minor pupil named in the
2records, of the information.
AB130-engrossed, s. 431 3Section 431. 118.127 (2) of the statutes is amended to read:
AB130-engrossed,130,84 118.127 (2) A school district may shall use information from peace officers'
5records obtained under s. 48.396 (1m) only 938.396 (1m) (a) for the purpose of
6providing alcohol and other drug abuse programs for pupils enrolled in the school
7district. A school district shall not use peace officers' records obtained under s.
8938.396 (1m) (a) as the sole basis for expelling or suspending a pupil.
AB130-engrossed, s. 432 9Section 432. 118.127 (3) of the statutes is created to read:
AB130-engrossed,130,1410 118.127 (3) A school district shall use information from peace officers' records
11obtained under s. 938.396 (1m) (b) for legitimate educational or safety purposes and
12for the purpose of providing treatment programs for pupils enrolled in the school
13district. A school district shall not use peace officers' records obtained under s.
14938.396 (1m) (b) as the sole basis for expelling or suspending a pupil.
AB130-engrossed, s. 433 15Section 433. 118.15 (1) (cm) 1. of the statutes is amended to read:
AB130-engrossed,130,2216 118.15 (1) (cm) 1. Upon the child's request and with the approval of the child's
17parent or guardian, any child who is 17 years of age or over shall be excused by the
18school board from regular school attendance if the child began a program leading to
19a high school equivalency diploma in a secured correctional facility, as defined in s.
2048.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g),
21and the child and his or her parent or guardian agree under subd. 2. that the child
22will continue to participate in such a program.
AB130-engrossed, s. 434 23Section 434. 118.15 (5) (a) of the statutes is amended to read:
AB130-engrossed,131,724 118.15 (5) (a) Except as provided under par. (b) or if a person has been found
25guilty of a misdemeanor under s. 948.45, whoever violates this section may be fined

1not more than $500 or imprisoned for not more than 30 days or both, after evidence
2has been provided by the school attendance officer that the activities under s. 118.16
3(5) have been completed or were not completed due to the child's absence from school
4as provided in s. 118.16 (5m)
. In a prosecution under this paragraph, if the defendant
5proves that he or she is unable to comply with the law because of the disobedience
6of the child, the action shall be dismissed and the child shall be referred to the court
7assigned to exercise jurisdiction under ch. chs. 48 and 938.
AB130-engrossed, s. 435 8Section 435. 118.15 (5) (am) of the statutes is created to read:
AB130-engrossed,131,109 118.15 (5) (am) The court may order any person who violates this section to
10participate in counseling at the person's own expense.
AB130-engrossed, s. 436 11Section 436. 118.16 (2m) (a) (intro.) of the statutes is amended to read:
AB130-engrossed,131,1512 118.16 (2m) (a) (intro.) A school district administrator may designate any of
13the following individuals to take a child who resides in the school district and who
14is absent from school without an acceptable excuse under s. 118.15 into custody
15under s. 48.19 938.19 (1m):
AB130-engrossed, s. 437 16Section 437. 118.16 (2m) (d) of the statutes is amended to read:
AB130-engrossed,131,2317 118.16 (2m) (d) A school district administrator who makes a designation under
18par. (a) shall provide each individual so designated with an identification card of a
19form determined by the school board. The designee shall carry the identification card
20on his or her person at all times while the designee is on official duty under s. 48.19
21938.19 (1m) and shall exhibit the identification card to any person to whom the
22designee represents himself or herself as a person authorized to take a child into
23custody under s. 48.19 938.19 (1m).
AB130-engrossed, s. 438 24Section 438. 118.16 (2m) (e) of the statutes is amended to read:
AB130-engrossed,132,8
1118.16 (2m) (e) A school district administrator who makes a designation under
2par. (a) or the individual designated under par. (a) shall immediately attempt to
3notify, by personal contact or telephone call, the child's parent, guardian and legal
4custodian that the designation has been made and that the child may be taken into
5custody under s. 48.19 938.19 (1m). The school district administrator, or the
6designee, is not required to notify a parent, guardian or legal custodian under this
7paragraph if the parent, guardian or legal custodian is the person who requested that
8the child be taken into custody under s. 48.19 938.19 (1m).
AB130-engrossed, s. 439 9Section 439. 118.16 (4) (e) of the statutes is amended to read:
AB130-engrossed,132,1310 118.16 (4) (e) A school board may establish one or more youth service centers
11for the counseling of children who are taken into custody under s. 48.19 938.19 (1)
12(d) 9. or 10. for being absent from school without an acceptable excuse under s.
13118.15.
AB130-engrossed, s. 440 14Section 440. 118.16 (5) (intro.) of the statutes is amended to read:
AB130-engrossed,132,2215 118.16 (5) (intro.) Prior to Except as provided in sub. (5m), before any
16proceeding being may be brought against a child under s. 48.13 (6) 938.13 (6) for
17habitual truancy or under s. 938.125 (2) or 938.17 (2) for a violation of an ordinance
18enacted under s. 118.163 (2)
or against the child's parent or guardian under s. 118.15
19for failure to cause the child to attend school regularly, the school attendance officer
20shall provide evidence that appropriate school personnel in the school or school
21district in which the child is enrolled have, within the school year during which the
22truancy occurred, done all of the following:
AB130-engrossed, s. 441 23Section 441. 118.16 (5) (a) of the statutes is amended to read:
AB130-engrossed,133,3
1118.16 (5) (a) Met with the child's parent or guardian to discuss the child's
2truancy or have attempted to meet with the child's parent or guardian and been
3received no response or were refused.
AB130-engrossed, s. 442 4Section 442. 118.16 (5) (c) of the statutes is amended to read:
AB130-engrossed,133,95 118.16 (5) (c) Evaluated the child to determine whether learning problems may
6be a cause of the child's truancy and, if so, have taken steps to overcome the learning
7problems, except that the child need not be evaluated if tests administered to the
8child within the previous year indicate that the child is performing at his or her grade
9level
.
AB130-engrossed, s. 443 10Section 443. 118.16 (5m) of the statutes is created to read:
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