LRB-4407/1
PG:jld:jf
2005 - 2006 LEGISLATURE
March 21, 2006 - Introduced by Representatives Davis, Ward, J. Fitzgerald,
Albers, Boyle, Gronemus, Gunderson, Jeskewitz, Krawczyk, Lehman,
Musser, Owens, Petrowski, Wasserman, Kerkman and Loeffelholz,
cosponsored by Senators Kedzie, Roessler, Darling and Hansen. Referred to
Committee on Education.
AB1132,1,3
1An Act to renumber 118.291 (1);
to renumber and amend 118.291 (2); and
to
2create 118.291 (1g) and 118.291 (2) (b) of the statutes;
relating to: the
3possession and use of inhalers in private schools.
Analysis by the Legislative Reference Bureau
Under current law, an asthmatic pupil enrolled in a public school may possess
and use an inhaler in school, at a school-sponsored activity, or under the supervision
of a school authority if: 1) the pupil uses the inhaler before exercise or to alleviate
asthmatic symptoms; 2) the pupil has the written approval of the pupil's physician
and his or her parents; and 3) the pupil has provided the school principal with a copy
of the approval or approvals.
Current law also exempts a school district, school board, and school employee
from civil liability for injury to a pupil caused by an employee who prohibits a pupil
from using an inhaler because of the employee's good faith belief that the above
requirements were not satisfied or who allows a pupil to use an inhaler because of
the employee's good faith belief that the above requirements had been satisfied.
This bill extends all of the above provisions to private schools, pupils enrolled
in private schools, and private school employees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1132, s. 1
1Section
1. 118.291 (1) of the statutes is renumbered 118.291 (1r).
AB1132, s. 2
2Section
2. 118.291 (1g) of the statutes is created to read:
AB1132,2,33
118.291
(1g) In this section:
AB1132,2,64
(a) "Asthma" means a chronic inflammatory disease of the airways,
5characterized by airway obstruction, which is at least partially reversible and which
6manifests as increased bronchial responsiveness to a variety of stimuli.
AB1132,2,77
(b) "School" includes a public and a private school.
AB1132, s. 3
8Section
3. 118.291 (2) of the statutes is renumbered 118.291 (2) (a) and
9amended to read:
AB1132,2,1510
118.291
(2) (a) No school district, school board or school district employee is
11civilly liable for
damage injury to a pupil caused by a school district employee who
12prohibits a pupil from using an inhaler because of the employee's good faith belief
13that the requirements of sub.
(1) (1r) had not been satisfied or who allows a pupil to
14use an inhaler because of the employee's good faith belief that the requirements of
15sub.
(1) (1r) had been satisfied.
AB1132, s. 4
16Section
4. 118.291 (2) (b) of the statutes is created to read:
AB1132,2,2117
118.291
(2) (b) No private school or private school employee is civilly liable for
18injury to a pupil caused by a private school employee who prohibits a pupil from using
19an inhaler because of the employee's good faith belief that the requirements of sub.
20(1r) had not been satisfied or who allows a pupil to use an inhaler because of the
21employee's good faith belief that the requirements of sub. (1r) had been satisfied.
