SB239: Bill Text

Note: Creates the appropriation schedule entry for grants for reducing violence and disruption in schools. The grant program is created in s. 115.455 and the appropriation for the grants is created in s. 20.255 (2) (e).

SB239, s. 2 Section 2. 20.255 (2) (e) of the statutes is created to read:

SB239,6,4 20.255 (2) (e) Grants for reducing violence and disruption. The amounts in the schedule for grants to school boards and boards of control of cooperative educational service agencies under s. 115.455.

Note: Creates the appropriation for grants for reducing violence and disruption in schools. The grant program is created in s. 115.455.

SB239, s. 3 Section 3. 36.11 (36) of the statutes is created to read:

SB239,6,12 36.11 (36) School safety research. The board shall direct the schools of education and other appropriate research-oriented departments within the system, to work with the technical college system board under s. 38.04 (27), school districts, private schools and the department of public instruction to present to school districts and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.

Note: Directs the Board of Regents of the UW System to work with others to present to public and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems.

SB239, s. 4 Section 4. 38.04 (27) of the statutes is created to read:

SB239,7,4 38.04 (27) School safety research. The board shall work with schools of education and other departments of the University of Wisconsin System under s. 36.11 (36), school districts, private schools and the department of public instruction to present to school districts and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.

Note: Directs the state technical college board to work with others to present to public and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems.

SB239, s. 5 Section 5. 49.45 (39) (b) of the statutes is amended to read:

SB239,7,17 49.45 (39) (b) Payment for school medical services. If a school district or a cooperative educational service agency elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the school district or the cooperative educational service agency for 60% of the federal share of allowable charges for the school medical services that it provides and for allowable administrative costs. The department shall promulgate rules establishing a methodology for making reimbursements under this paragraph. All other expenses for the school medical services shall be paid for by the school district or the cooperative educational service agency with funds received from state or local taxes. The school district or the cooperative educational service agency shall comply with all requirements of the federal department of health and human services for receiving federal financial participation.

Note: Increases the percentage of the federal share of MA reimbursement for allowable charges that a school board or board of control of a CESA may receive for providing school medical services to MA-eligible pupils and administrative costs from 60% to 100%.

SB239, s. 6 Section 6. 115.28 (42) of the statutes is created to read:

SB239,8,4 115.28 (42) Federal funds for school safety. The department of justice, aggressively seek and apply for federal funds relating to school safety and reducing violence and disruption in schools, including funds for alternative schools or programs. Each department shall make a report by January 1, 2001, and January 1, 2003, of its progress in applying for and obtaining funds under this section. The report shall be provided under s. 13.172 (2) to the legislature, to the cochairpersons of the joint committee on finance and to the governor.

Note: Requires DOJ and DPI aggressively to seek and apply for federal funds, relating to school safety and reducing violence and disruption in schools, and report to the legislature on their progress in applying for and obtaining such funds.

SB239, s. 7 Section 7. 115.38 (1) (b) of the statutes is amended to read:

SB239,8,12 115.38 (1) (b) Other indicators of school and school district performance, including dropout, attendance, retention in grade and graduation rates ; numbers of suspensions and expulsions; percentage of habitual truants, as defined in s. 118.16 (1) (a); percentage of pupils participating in extracurricular and community activities and advanced placement courses; percentage of graduates enrolled in postsecondary educational programs; and percentage of graduates entering the workforce.

SB239, s. 8 Section 8. 115.38 (1) (bm) of the statutes is created to read:

SB239,8,22 115.38 (1) (bm) The numbers of suspensions and expulsions; the reasons for which pupils are suspended or expelled, reported according to categories specified by the state superintendent; the length of time for which pupils are expelled, reported according to categories specified by the state superintendent; whether pupils return to school after their expulsions; the educational programs and services, if any, provided to pupils during their expulsions, reported according to categories specified by the state superintendent; the schools attended by pupils who are suspended or expelled; and the grade, sex and ethnicity of pupils who are suspended or expelled and whether the pupils are children with disabilities, as defined in s. 115.76 (5).

Note: Expands information related to pupil suspensions and expulsions that a school board must include in its school performance reports.

SB239, s. 9 Section 9. 115.455 of the statutes is created to read:

SB239,9,6 115.455 Grants for reducing violence and disruption. (1) A school board or board of control of a cooperative educational service agency may apply to the department for a grant under this section to implement a comprehensive prevention and intervention plan for reducing violence and disruption in schools. The application shall include all of the following:

SB239,9,10 (a) A plan to implement, in the school district or school districts, a comprehensive range of research-based prevention and intervention strategies to build positive relationships for youth with parents, schools, communities or other youth, or other research-based strategies, including any of the following:

SB239,9,12 1. Alternative educational programs and services for disruptive pupils or pupils who have been suspended or expelled.

SB239,9,13 2. Coordination with integrated services programs under s. 46.56.

SB239,9,14 3. Alternatives to suspension or expulsion.

SB239,9,15 4. Families and schools together programs as described in s. 115.361 (3) (a).

SB239,9,16 5. Before-school and after-school activities.

SB239,9,17 6. Conflict resolution.

SB239,9,19 7. Direct instruction programs or other research-based instruction programs whose skill development and cognition results equal those of direct instruction.

SB239,9,20 8. Mentoring programs for teachers in the management of classroom behavior.

SB239,9,25 9. Professional staff development classes on managing classrooms, identifying pupils who and situations that may become violent, preventing violence and identifying and communicating with those state and local agencies that can assist in providing services or responses to pupils and situations described in this subdivision.

SB239,10,2 (b) A description of how the success of the plan in reducing violence and disruption in school will be evaluated.

SB239,10,5 (c) A description of how activities funded by and funding received under the grant will be coordinated with activities funded by and funding received under any federal grants received for similar activities.

SB239,10,7 (d) A description of the persons who were involved in developing the plan and the programs or services with which activities under the plan will be coordinated.

SB239,10,11 (2) The department may not award a grant under this section to a school board or cooperative educational service agency unless the following persons are involved in developing the plan under sub. (1) and unless activities under the plan are coordinated with the programs and services of the following persons, as appropriate:

SB239,10,12 (a) Parents.

SB239,10,17 (b) The county departments responsible for human services, social services, mental health, alcohol and drug abuse services, developmental disabilities and child welfare services under ss. 46.21, 46.215, 46.22, 46.23, 48.56, 51.42 and 51.437 and personnel from the department of health and family services who are responsible for child welfare services in Milwaukee County, as provided in s. 48.561.

SB239,10,18 (c) Local public health agencies.

SB239,10,20 (d) Persons involved in administering or providing intervention services for children from birth to age 3 under s. 51.44 (5).

SB239,10,22 (e) Persons involved in administering or providing family preservation and family support services under 42 USC 629 to 629e.

SB239,10,24 (f) Persons involved in administering or providing integrated service programs for children with severe disabilities under s. 46.56.

SB239,10,25 (g) Law enforcement agencies.

SB239,11,1 (h) Courts.

SB239,11,12 (3) The department shall pay grants under this section in 3 annual instalments from the appropriation under s. 20.255 (2) (e). No school board or board of control of a cooperative educational service agency may be awarded, in any fiscal year, more than 10% of the amount appropriated in s. 20.255 (2) (e). The department shall distribute grants among small, medium and large school districts, based on enrollments. As a condition of receiving a grant, a school board or board of control of a cooperative educational service agency shall provide matching funds in an amount equal to at least 25% of the amount of its grant in the first year of the grant, 50% of the amount of its grant in the 2nd year of the grant and 75% of the amount of its grant in the 3rd year of the grant. The matching funds may be from local, federal or private sources.

Note: Creates a grant program under which a school board or board of control of a CESA may apply for a three-year grant to implement a comprehensive prevention and intervention plan for reducing violence and disruption in schools.

SB239, s. 10 Section 10. 118.16 (1m) of the statutes is created to read:

SB239,11,17 118.16 (1m) The period during which a pupil is absent from school due to a suspension or expulsion under s. 120.13 or 119.25 is neither an absence without an acceptable excuse for the purposes of sub. (1) (a) nor an absence without legal cause for the purposes of sub. (1) (c).

Note: Clarifies that the period that a pupil is absent from school due to a suspension or expulsion is neither an absence without an acceptable excuse for the purposes of the definition of "habitual truant" nor an absence without legal excuse for the purposes of the definition of "truancy".

SB239, s. 11 Section 11. 118.175 of the statutes is created to read:

SB239,12,2 118.175 Pupils without parents or guardians; report required. (1) This section does not apply to a pupil who has a legal custodian, as defined in s. 48.02 (11) or 938.02 (11), or who is cared for by a kinship care relative under s. 48.57 (3m) or a long-term kinship care relative under s. 48.57 (3n).

SB239,12,7 (2) If a pupil is a child who is without a parent or guardian, any school teacher, school administrator, school counselor or school social worker who knows that the child is without a parent or guardian shall report that fact as soon as possible to the county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, to the department of health and family services.

Note: Requires certain school personnel who know that a child is without a parent or guardian to report that fact as soon as possible to the appropriate county department of social services or human services or, in Milwaukee County, the department of health and family services.

SB239, s. 12 Section 12. 119.04 (1) of the statutes, as affected by 1997 Wisconsin Act 77, is amended to read:

SB239,12,17 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 115.455, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.175, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (25) (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.

Note: Ensures that all provisions of the bill apply to the Milwaukee Public Schools.

SB239, s. 13 Section 13. 120.12 (26) of the statutes is created to read:

SB239,12,20 120.12 (26) Safe school plans. Have in effect a safe school plan for each school in the school district.

Note: Requires each school board to have in effect a safe school plan for each school in the school district. Under the effective date provisions of this bill, this requirement takes effect on the first day of the sixth month beginning after publication of the act.

SB239, s. 14 Section 14. 120.13 (1) (b) of the statutes is amended to read:

SB239,14,10 120.13 (1) (b) The school district administrator or any principal or teacher designated by the school district administrator also may make rules, with the consent of the school board, and may suspend a pupil for not more than 5 school days or, if a notice of expulsion hearing has been sent under par. (c) 4. or (e) 4. or s. 119.25 (2) (c), for not more than a total of 15 consecutive school days for noncompliance with such rules or school board rules, or for knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, for conduct by the pupil while at school or while under the supervision of a school authority which that endangers the property, health or safety of others, or for conduct while not at school or while not under the supervision of a school authority which that endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled. In this paragraph, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property. Prior to any suspension, the pupil shall be advised of the reason for the proposed suspension. The pupil may be suspended if it is determined that the pupil is guilty of noncompliance with such rule, or of the conduct charged, and that the pupil's suspension is reasonably justified. The parent or guardian of a suspended minor pupil shall be given prompt notice of the suspension and the reason for the suspension. The suspended pupil or the pupil's parent or guardian may, within 5 school days following the commencement of the suspension, have a conference with the school district administrator or his or her designee who shall be someone other than a principal, administrator or teacher in the suspended pupil's school. If the school district administrator or his or her designee finds that the pupil was suspended unfairly or unjustly, or that the suspension was inappropriate, given the nature of the alleged offense, or that the pupil suffered undue consequences or penalties as a result of the suspension, reference to the suspension on the pupil's school record shall be expunged. Such finding shall be made within 15 days of the conference. A pupil suspended under this paragraph shall not be denied the opportunity to take any quarterly, semester or grading period examinations or to complete course work missed during the suspension period, as provided in the attendance policy established under s. 118.16 (4) (a).

Note: Explicitly provides that a pupil may be suspended for making a threat to property, health or safety, as follows: (1) while at school or under the supervision of a school authority, making a threat to endanger the property, health or safety of others; or (2) while not at school or while not under the supervision of a school authority, making a threat to endanger the property, health or safety of others at school or under the supervision of a school authority or to endanger the property, health or safety of an employe or school board member of the school district.

SB239, s. 15 Section 15. 120.13 (1) (c) 1. of the statutes is amended to read:

SB239,15,4 120.13 (1) (c) 1. The school board may expel a pupil from school whenever it finds the pupil guilty of repeated refusal or neglect to obey the rules, or finds that a pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or finds that the pupil engaged in conduct while at school or while under the supervision of a school authority which that endangered the property, health or safety of others, or finds that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which that endangered the property, health or safety of others at school or under the supervision of a school authority or endangered the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled, and is satisfied that the interest of the school demands the pupil's expulsion. In this subdivision, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.

Note: Explicitly provides that a pupil may be expelled for making a threat to property, health or safety, as follows: (1) while at school or under the supervision of a school authority, making a threat to endanger the property, health or safety of others; or (2) while not at school or while not under the supervision of a school authority, making a threat to endanger the property, health or safety of others at school or under the supervision of a school authority or to endanger the property, health or safety of an employe or school board member of the school district.

SB239, s. 16 Section 16. 121.15 (3m) (a) 2. of the statutes is amended to read:

SB239,15,10 121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (2), other than s. 20.255 (2) (e), (fm), (fu), (k) and (m), and under ss. 20.275 (1) (d), (es), (et), (f), (fs) and (u) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) (s) that are used to provide grants or educational telecommunications access to school districts under s. 196.218 (4r).

Note: Provides that the amounts appropriated under this draft for grants to school boards and boards of control of CESAs for reducing violence and disruption in schools are not considered state aid in determining the state's commitment to fund two-thirds partial school revenues.

SB239, s. 17 Section 17. 165.72 (title) of the statutes is amended to read:

SB239,15,14 165.72 (title) Controlled Dangerous weapons or criminal activity in schools hotline; controlled substances hotline and rewards for controlled substances tips.

SB239, s. 18 Section 18. 165.72 (1) (a) of the statutes is renumbered 165.72 (1) (aj).

SB239, s. 19 Section 19. 165.72 (1) (ad) of the statutes is created to read:

SB239,15,17 165.72 (1) (ad) "Dangerous weapon" has the meaning given in s. 939.22 (10).

SB239, s. 20 Section 20. 165.72 (2) (intro.) of the statutes is amended to read:

SB239,16,3 165.72 (2) Hotline. (intro.) The department of justice shall maintain a single toll-free telephone number during normal retail business hours, as determined by departmental rule, for both all of the following:

SB239, s. 21 Section 21. 165.72 (2) (c) of the statutes is created to read:

SB239,16,6 165.72 (2) (c) For persons to provide anonymously information regarding dangerous weapons or criminal activity in public or private schools.

SB239, s. 22 Section 22. 165.72 (2g) of the statutes is created to read:

SB239,16,15 165.72 (2g) After-hours message for calls concerning dangerous weapons in schools. If a call is made outside of normal retail business hours to the telephone number maintained under sub. (2), the department shall provide for the call to be received by a telephone answering system or service. The telephone answering system or service shall provide a recorded message that requests the person calling to call the telephone number "911" or a local law enforcement agency if the person is calling to provide information regarding dangerous weapons or criminal activity in a school.

SB239, s. 23 Section 23. 165.72 (2m) of the statutes is created to read:

SB239,16,21 165.72 (2m) Transmission of information concerning dangerous weapons in schools. Immediately upon receiving any information under sub. (2) (c) regarding dangerous weapons or criminal activity in a school, or immediately at the beginning of the next retail business day if the information is not received during normal retail business hours, the department shall provide the information to all of the following:

SB239,16,22 (a) The administration of the school.

SB239,16,24 (b) The appropriate law enforcement agency for the municipality in which the school is located.

SB239, s. 24 Section 24. 165.72 (7) of the statutes is amended to read:

SB239,17,3 165.72 (7) Publicity. The department shall cooperate with the department of public instruction in publicizing, in public and private schools, the use of the toll-free telephone number under sub. (2).

Note: The treatment of s. 165.72 expands the controlled substances hotline, maintained by the DOJ, to also allow persons to provide anonymously information regarding dangerous weapons or criminal activity in public or private schools. DOJ must provide a telephone answering system to receive calls outside of normal business hours that provides a message to tell callers to call "911" or a local law enforcement agency if the caller is calling to provide information regarding dangerous weapons or criminal activity in a school. Immediately upon receiving information regarding dangerous weapons or criminal activity in a school, or immediately at the beginning of the next retail business day if the information is not received during normal business hours, DOJ must provide the information to the administrator of the school and the appropriate law enforcement agency for the municipality in which the school is located.

SB239, s. 25 Section 25. 895.035 (4) of the statutes is amended to read:

SB239,17,13 895.035 (4) Except for recovery under sub. (4a) or for retail theft under s. 943.51, the maximum recovery under this section from any parent or parents may not exceed the amount specified in s. 799.01 (1) (d) for damages resulting from any one act of a juvenile in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court. If 2 or more juveniles in the custody of the same parent or parents commit the same act the total recovery under this section may not exceed the amount specified in s. 799.01 (1) (d), in addition to taxable costs and disbursements. The maximum recovery from any parent or parents for retail theft by their minor child is established under s. 943.51.