LRB-4990/1
PG:kmg:jlb
1995 - 1996 LEGISLATURE
January 23, 1996 - Introduced by Representatives Ward, Coleman, Duff, Nass,
Ainsworth, Olsen, Lehman, Otte, Hasenohrl, Brandemuehl, Goetsch,
Hanson, Musser, Jensen, Silbaugh, Lazich, Hahn
and Ott, cosponsored by
Senators Rude, Panzer, Grobschmidt and Fitzgerald. Referred to Committee
on Education.
AB811,1,2 1An Act to amend 119.25 (2) (b) and 120.13 (1) (c) 3. of the statutes; relating to:
2notices of pupil expulsion hearings.
Analysis by the Legislative Reference Bureau
Under current law, before expelling a pupil from school, a school board must
hold a hearing. Notice of the hearing must be sent to the pupil and, if the pupil is
a minor, to the pupil's parent or guardian. The notice must include certain specified
information, and the section of the statutes relating to expulsion must be printed in
full on the face or back of the notice.
This bill eliminates the requirement that the statutory section be printed on the
notice. Instead, the bill requires the notice to specify that the statutory section is
available from the school district clerk upon request.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB811, s. 1 3Section 1. 119.25 (2) (b) of the statutes, as affected by 1995 Wisconsin Acts 32
4and 75, is amended to read:
AB811,3,45 119.25 (2) (b) No administrator may be designated to participate in an
6expulsion hearing if he or she was involved in the incident that led to the expulsion
7proceeding. Prior to expelling a pupil, the hearing officer or panel shall hold a
8hearing. Not less than 5 days' written notice of the hearing shall be sent to the pupil

1and, if the pupil is a minor, to the pupil's parent or guardian, specifying the
2particulars of the alleged conduct, stating the time and place of the hearing and
3stating that the hearing may result in the pupil's expulsion. This section shall be
4printed in full on the face or back of the notice.
The notice shall also specify that a
5copy of this paragraph is available from the school district clerk upon request.
Upon
6request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the
7hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or
8guardian, may be represented at the hearing by counsel. The hearing officer or panel
9shall keep a full record of the hearing. The hearing officer or panel shall inform each
10party of the right to a complete record of the proceeding. Upon request, the hearing
11officer or panel shall direct that a transcript of the record be prepared and that a copy
12of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent
13or guardian. Upon the ordering by the hearing officer or panel of the expulsion of a
14pupil, the school district shall mail a copy of the order to the board, the pupil and, if
15the pupil is a minor, the pupil's parent or guardian. A school board, hearing officer
16or panel may disclose the transcript to the parent or guardian of an adult pupil, if the
17adult pupil is a dependent of his or her parent or guardian under section 152 of the
18internal revenue code. Within 30 days after the date on which the order is issued,
19the board shall review the expulsion order and shall, upon review, approve, reverse
20or modify the order. The order of the hearing officer or panel shall be enforced while
21the board reviews the order. The expelled pupil or, if the pupil is a minor, the pupil's
22parent or guardian may appeal the board's decision to the state superintendent. If
23the board's decision is appealed to the state superintendent, within 60 days after the
24date on which the state superintendent receives the appeal, the state superintendent
25shall review the decision and shall, upon review, approve, reverse or modify the

1decision. The decision of the board shall be enforced while the state superintendent
2reviews the decision. An appeal from the decision of the state superintendent may
3be taken within 30 days to the circuit court for the county in which the school is
4located.
AB811, s. 2 5Section 2. 120.13 (1) (c) 3. of the statutes, as affected by 1995 Wisconsin Acts
632 and 75, is amended to read:
AB811,4,27 120.13 (1) (c) 3. Prior to expelling a pupil, the school board shall hold a hearing.
8Not less than 5 days' written notice of the hearing shall be sent to the pupil and, if
9the pupil is a minor, to the pupil's parent or guardian, specifying the particulars of
10the alleged refusal, neglect or conduct, stating the time and place of the hearing and
11stating that the hearing may result in the pupil's expulsion. The notice shall also
12specify that a copy of this paragraph is available from the school district clerk upon
13request.
Upon request of the pupil and, if the pupil is a minor, the pupil's parent or
14guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the
15pupil's parent or guardian may be represented at the hearing by counsel. The school
16board shall keep written minutes of the hearing. Upon the ordering by the school
17board of the expulsion of a pupil, the school district clerk shall mail a copy of the order
18to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The expelled
19pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the
20expulsion to the state superintendent. If the school board's decision is appealed to
21the state superintendent, within 60 days after the date on which the state
22superintendent receives the appeal, the state superintendent shall review the
23decision and shall, upon review, approve, reverse or modify the decision. The
24decision of the school board shall be enforced while the state superintendent reviews
25the decision. An appeal from the decision of the state superintendent may be taken

1within 30 days to the circuit court of the county in which the school is located. This
2paragraph shall be printed in full on the face or back of the notice.
AB811, s. 3 3Section 3. Initial applicability.
AB811,4,54 (1) This act first applies to notices sent under sections 119.25 (2) (b) and 120.13
5(1) (c) 3. of the statutes, as affected by this act, on the effective date of this subsection.
AB811,4,66 (End)
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