AB637: Bill Text

AB637,17,11 48.345 (12) (c) The judge shall order the county department, department, in a county having a population of 500,000 or more, or licensed child welfare agency responsible for supervising the child to disclose to the school board, technical college district board, tribal school, or private, nonprofit, nonsectarian agency which is providing an educational program under par. (a) 3. records or information about the child, as necessary to assure the provision of appropriate educational services under par. (a).

Note: Under current law, a child in need of protection or services (CHIPS) dispositional order may include an order that a child attend an educational program provided by the school district or one of several programs under contract with the school district. Current law does not include a tribal school.

Section 48.345 (12) (a) 5., stats., specifies that the court is permitted to order a child to attend a tribal school if the school district has a contract with the tribal school for such placements. Section 48.345 (12) (c), stats., is amended to require the court to order the supervising agency to disclose information to the tribal school necessary to assure appropriate educational services in such cases. Also see ss. 121.78 (4) and 938.34 (7d) (a) 5. and (c), stats., below.

AB637, s. 30 Section 30. 48.355 (2) (c) of the statutes is amended to read:

AB637,17,19 48.355 (2) (c) If school attendance is a condition of an order under par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district, or the governing body of the private school, in which the child is enrolled, or shall request the governing body of the tribal school in which the child is enrolled, to notify the county department that is responsible for supervising the child or, in a county having a population of 500,000 or more, the department within 5 days after any violation of the condition by the child.

Note: Under s. 48.355 (2) (b) 7., stats., a CHIPS dispositional order may state the conditions with which the child must comply. If school attendance is a condition, current law requires that the order direct the school board or the governing body of a private school to notify the court within 5 days of a violation of the condition. The bill requires that the court order request that a tribal school do so.

AB637, s. 31 Section 31. 48.396 (1) of the statutes is amended to read:

AB637,19,3 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the public or private school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. This subsection does not apply to the confidential exchange of information between the police and officials of the tribal school attended by the child if the police determine that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

Note: Current law provides that the subsection which specifies that, subject to certain exceptions, law enforcement records relating to children under ch. 48 (the children's code) are confidential does not apply to the confidential exchange of information between the police and school officials. Current law further requires that public school officials who obtain information under this provision keep the information confidential as required in s. 118.125, stats. (relating to the confidentiality of pupil records). Current law also requires that private school officials who obtain information under this provision keep the information confidential in the same manner as is required of a public school official. The bill permits the police to confidentially exchange information with tribal school officials if the police determine that a tribal school policy or tribal law provides enforceable protections that require tribal school officials to keep the information confidential in a manner at least as stringent as is required of public and private school officials.

AB637, s. 32 Section 32. 48.65 (2) (b) of the statutes is amended to read:

AB637,19,5 48.65 (2) (b) A public or parochial school or a tribal school.

Note: The day care license statute requires that, with certain exceptions, a facility that provides care for 4 or more children under the age of 7 must obtain a day care center license. Because the day care license statute is a state civil regulatory law, it is not clear that this statute applies to a facility operated by a tribe or tribal member on a reservation or off-reservation trust land, although a tribe or tribal member may choose to obtain a license. In the event a court interprets the day care license statute as applying to a tribe or tribal member, the bill makes clear that a tribal school is not subject to this statute.

AB637, s. 33 Section 33. 48.78 (2) (b) of the statutes is amended to read:

AB637,20,8 48.78 (2) (b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, a public school, or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125. Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125.

Note: Section 48.78 (2) (a), stats., provides that, subject to certain exceptions, DHFS, a county department of human services or county department of social services, a licensed child welfare agency, or a licensed day care center (collectively referred to as agency) must keep its records relating to children under ch. 48, stats., confidential. Section 48.78 (2) (b), stats., provides an exception and permits the confidential exchange of information with a public or private school which is then required to keep the information confidential if required to do so under the pupil records statute. The bill permits an agency to confidentially exchange information with tribal school officials if the agency determines that a tribal school policy or tribal law provides enforceable protections that require tribal school officials to keep the information confidential in a manner at least as stringent as is required of public and private school officials.

AB637, s. 34 Section 34. 49.26 (1) (a) 2. bm. of the statutes is created to read:

AB637,20,10 49.26 (1) (a) 2. bm. A tribal school, as defined in s. 115.001 (16).

Note: Includes a tribal school in the definition of a "school" under the Learnfare Program, which requires certain individuals to attend school under certain circumstances as a condition of eligibility under the Wisconsin Works Program.

AB637, s. 35 Section 35. 49.26 (1) (g) 2. of the statutes is amended to read:

AB637,20,14 49.26 (1) (g) 2. The individual has not graduated from a public or, private, or tribal high school or obtained a declaration of equivalency of high school graduation under s. 115.29 (4).

Note: Provides an exception for the school attendance requirement under the Learnfare Program if an individual has graduated from a tribal high school.

AB637, s. 36 Section 36. 51.45 (4) (d) of the statutes is amended to read:

AB637,21,4 51.45 (4) (d) Cooperate with the department of public instruction, local boards of education, schools, including tribal schools, as defined in s. 115.001 (16), police departments, courts, and other public and private agencies, organizations, and individuals in establishing programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education.

Note: Requires DHFS to cooperate with various entities, including tribal schools, to establish alcoholism prevention and treatment programs and to prepare curriculum materials.

AB637, s. 37 Section 37 . 103.21 (7) of the statutes is created to read:

AB637,21,6 103.21 (7) "Tribal school" has the meaning given in s. 115.001 (16).

AB637, s. 38 Section 38 . 103.23 (2) (intro.) and (a) of the statutes are amended to read:

AB637,21,10 103.23 (2) (intro.) A minor under 12 years of age may work in a fund-raising sale for a nonprofit organization, a public school or , a private school, or a tribal school under the following conditions:

AB637,21,12 (a) Each minor must give the nonprofit organization, public school or, private school, or tribal school written approval from the minor's parent or guardian.

AB637, s. 39 Section 39. 103.25 (3m) (c) and (5) of the statutes are amended to read:

AB637,21,16 103.25 (3m) (c) This subsection does not apply to employment of a minor by a newspaper publisher or in a fund-raising sale for a nonprofit organization, a public school or, a private school, or a tribal school.

AB637,21,18 (5) This section does not apply to employment of a minor in a fund-raising sale for a nonprofit organization, a public school or, a private school, or a tribal school.

AB637, s. 40 Section 40. 103.27 (3) of the statutes is amended to read:

AB637,21,22 103.27 (3) This section does not apply to employment of a minor in a fund-raising sale for a nonprofit organization, a public school or, a private school, or a tribal school.

AB637, s. 41 Section 41 . 103.275 (8) of the statutes is amended to read:

AB637,22,3 103.275 (8) Exception. This section does not apply to the employment of a minor by a newspaper publisher or in a fund-raising sale for a nonprofit organization, a public school or, a private school, or a tribal school.

Note: Section 37 creates a definition of "tribal school" for purposes of the statutes relating to minors working in the street trades or fund raising. In general, minors doing fund raising by selling for a public or private school are exempt from these statutes. The courts have not made clear if these statutes may be applied on reservations or on off-reservation trust land to minors who are engaged in such activities for a tribal school. While a court may be less likely to apply the statute to American Indian minors who are fund raising on their own reservation or off-reservation trust land, it is possible that a court would apply the statute to non-Indian minors who are fund raising for a tribal school.

Sections 38 to 41 specify that the statutes do not apply if a minor is engaged in fund-raising activities for a tribal school.

AB637, s. 42 Section 42. 103.64 (6) of the statutes is created to read:

AB637,22,5 103.64 (6) "Tribal school" has the meaning given in s. 115.001 (16).

Note: Defines tribal school as used in ss. 103.67 (2) (c) and 103.71 (1) (b), below.

AB637, s. 43 Section 43. 103.67 (2) (c) of the statutes is amended to read:

AB637,22,9 103.67 (2) (c) Minors 12 years of age or older may be employed in street trades, and any minor may work in fund-raising sales for nonprofit organizations, public schools or, private schools, or tribal schools, as provided in ss. 103.21 to 103.31.

Note: Relates to Sections 37 to 41 , above.

AB637, s. 44 Section 44. 103.71 (1) (b) of the statutes is amended to read:

AB637,22,17 103.71 (1) (b) A diploma or certificate to this effect issued by the superintendent of the parochial school system or by the principal of the parochial or private school or tribal school last attended by such minor. Such superintendent, principal, or clerk shall issue such diploma or certificate upon receipt of any application in behalf of any minor entitled thereto. As used in this paragraph the term "school district" shall apply to all regularly constituted school districts, including union free high school districts.

Note: Permits a child who has completed high school, including a tribal high school, to be employed during school hours.

AB637, s. 45 Section 45. 115.001 (16) of the statutes is created to read:

AB637,23,7 115.001 (16) "Tribal school" means an institution with an educational program that has as its primary purpose providing education in any grade or grades from kindergarten to 12 and that is controlled by the elected governing body of a federally recognized American Indian tribe or band in Wisconsin or by a tribal educational authority established under the laws of a federally recognized American Indian tribe or band in Wisconsin.

Note: Defines tribal school for purposes of chs. 115 to 121, stats., which relate to K-12 education. This definition is also cross-referenced in statutes outside these chapters that are being amended to refer to tribal schools.

AB637, s. 46 Section 46. 115.28 (7) (b) and (e) 1. and (11) (intro.) of the statutes are amended to read:

AB637,23,19 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools and tribal schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in either public or, private, or tribal schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school or tribal school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private schools are not obligated to employ only licensed or certified teachers.

Note: Provides that, although state law does not require that teachers in tribal schools have a state license, a state license may be issued if the applicant who teaches in a tribal school meets the state license criteria. Further provides that appropriate experience in a tribal school is counted in determining teaching experience under the state licensure law.

Whether a tribal school is obligated to employ only state licensed or certified teachers is determined by tribal law (or by federal law if the tribal school receives funding from the BIA). Because the issue is not determined by state law, the bill does not include language regarding the matter.

AB637,24,7 (e) 1. In this paragraph, "alternative education program" means an instructional program, approved by the school board, that utilizes successful alternative or adaptive school structures and teaching techniques and that is incorporated into existing, traditional classrooms or regularly scheduled curricular programs or that is offered in place of regularly scheduled curricular programs. "Alternative educational program" does not include a private school , a tribal school, or a home-based private educational program.

Note: For the alternative education program license, specifies that, like a private school, an alternative educational program does not include a tribal school.

AB637,24,14 (11) Driver education courses. (intro.) Approve driver education courses offered by school districts, county children with disabilities education boards, and technical college districts for the purposes of s. 343.16 (1) (c) 1. and establish minimum standards for driver education courses offered in private schools and tribal schools for the purposes of s. 343.16 (1) (c) 3. All driver education courses approved or for which standards are established under this subsection shall do all of the following:

Note: Requires the state superintendent to establish minimum standards for driver education courses offered in tribal schools so that the courses can be accepted by the Department of Transportation (DOT) under ss. 343.06 (1) (c) and 343.16, stats., which relate to qualifications for a driver's license and examining applicants for a driver's license.

If the tribal school does not comply with the requirements for the driver education course, the consequence would be that DOT cannot accept the tribal school course for purposes of the driver's license statute.

AB637, s. 47 Section 47. 115.34 (2) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

AB637,25,7 115.34 (2) The state superintendent shall make payments to school districts, private schools, charter schools under s. 118.40 (2r), tribal schools, the program under s. 115.52, and the center under s. 115.525 for school lunches served to children in the prior year as determined by the state superintendent from the appropriation under s. 20.255 (2) (cn). Payments shall equal the state's matching obligation under 42 USC 1751 et seq. Payments in the current year shall be determined by prorating the state's matching obligation based on the number of school lunches served to children in the prior year. In this subsection, "private school" means any school defined in s. 115.001 (3r) which complies with the requirements of 42 USC 2000d.

Note: Adds tribal schools to the school lunch program.

AB637, s. 48 Section 48. 115.341 of the statutes is amended to read:

AB637,25,15 115.341 School breakfast program. (1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board 10 cents for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable, and shall reimburse each governing body of a private school or tribal school 10 cents for each breakfast served at the private school or tribal school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable.

AB637,25,19 (2) If the appropriation under s. 20.255 (2) (cm) in any fiscal year is insufficient to pay the full amount of aid under this section, the state superintendent shall prorate state aid payments among the school boards and governing bodies of private schools and tribal schools entitled to the aid.

Note: Adds tribal schools to the school breakfast program.

AB637, s. 49 Section 49. 115.343 (1) of the statutes is amended to read:

AB637,26,8 115.343 (1) The department shall establish a school day milk program. A public, private, or tribal school participating in the program shall offer each eligible child one half-pint of Wisconsin-produced whole milk, 2% milk, 1.5% milk, one percent milk, 0.5% milk, skim milk or chocolate milk on each day in which school is in session. If a child is allergic to milk or has metabolic disorders or other conditions which prohibit him or her from drinking milk, the child shall be offered juice as a substitute. Any school that participates in the program is encouraged to consider bids from local milk suppliers. The school shall keep all information related to the identity of the pupils who receive a beverage under the program confidential. In this subsection, "Wisconsin-produced" means that all or part of the raw milk used by the milk processor was produced in this state.

Note: Current law provides aid for the school day milk program. According to DPI staff, this statute is interpreted as applying to all schools, including tribal schools. The bill clearly specifies that tribal schools may be participating schools.

AB637, s. 50 Section 50. 115.345 (7m) of the statutes is amended to read:

AB637,26,13 115.345 (7m) A private school or tribal school may establish a food services plan for elderly persons. If the plan meets all of the requirements of this section and is approved by the state superintendent, the private school or tribal school is eligible for reimbursement in the same manner as school districts under sub. (5).

Note: Adds tribal schools as eligible for reimbursement for a food services plan for the elderly.

AB637, s. 51 Section 51. 115.36 (1) and (2) (a), (b) and (d) 3. of the statutes are amended to read:

AB637,26,18 115.36 (1) The purpose of this section is to enable and encourage public and, private, and tribal schools to develop comprehensive programs to prevent or ameliorate alcohol and other drug abuse among minors.

AB637,26,21 (2) (a) Develop and conduct training programs for the professional staff of public and, private, and tribal schools in alcohol and other drug abuse prevention, intervention, and instruction programs.

AB637,27,3 (b) Provide consultation and technical assistance to public and, private, and tribal schools for the development and implementation of alcohol and other drug abuse prevention, intervention, and instruction programs.

AB637,27,5 (d) 3. The systematic dissemination of information concerning available resources to appropriate public and, private, and tribal school staff.

Note: Includes tribal schools in DPI's program to assist schools in developing alcohol and other drug abuse programs.

AB637, s. 52 Section 52. 115.365 (1) and (2) (a) and (b) of the statutes are amended to read:

AB637,27,9 115.365 (1) The purpose of this section is to enable and encourage public and, private, and tribal schools to develop programs designed to prevent suicide among minors.

AB637,27,22 (2) (a) Develop and conduct training programs in suicide prevention for the professional staff of public and, private , and tribal schools and county departments under ss. 46.215, 46.22, and 51.42. The programs shall include information on how to assist minors in the positive emotional development which will help prevent suicidal tendencies; the detection, by minors, school staff, and parents, of conditions which indicate suicidal tendencies; the proper action to take when there is reason to believe that a minor has suicidal tendencies or is contemplating suicide; and the coordination of school suicide prevention programs and activities with the suicide prevention and intervention programs and activities of other state and local agencies. Persons other than the professional staff of public and, private, and tribal schools and county departments under ss. 46.215, 46.22, and 51.42 may attend the training programs. The department may charge such persons a fee sufficient to cover the increased costs to the department of their participation in the programs.

AB637,28,4 (b) Provide consultation and technical assistance to public and, private, and tribal schools for the development and implementation of suicide prevention programs and the coordination of those programs with the suicide prevention and intervention programs of other state and local agencies.

Note: Includes tribal schools in DPI's program to assist schools in developing suicide prevention programs.

AB637, s. 53 Section 53. 115.368 (1) and (2) (a) and (b) of the statutes are amended to read:

AB637,28,10 115.368 (1) The purpose of this section is to enable and encourage public and, private, and tribal schools to develop protective behaviors programs and anti-offender behavior programs designed to assist minors and their parents or guardians in recognizing, avoiding, preventing, and halting physically or psychologically intrusive or abusive situations that may be harmful to minors.

AB637,29,9 (2) (a) Develop and conduct protective behaviors training programs for the professional staff of public and, private , and tribal schools and counties under ss. 46.034, 46.215, 46.22, 46.23, 51.42, and 51.437. The training programs shall include information on how to assist a minor and his or her parent or guardian in recognizing, avoiding, preventing, and halting physically or psychologically intrusive or abusive situations that may be harmful to the minor, including child abuse, sexual abuse, and child enticement. The training programs shall emphasize how to help minors to develop positive psychological, emotional, and problem-solving responses to such situations, and to avoid relying on negative, fearful, or solely reactive methods of dealing with such situations. The training programs shall also include information on the detection, by other minors, their parents or guardians, and school staff, of conditions that indicate that a minor is being or has been subjected to such situations; the proper action to take when there is reason to believe that a minor is being or has been subjected to such situations; and the coordination of school protective behaviors programs and activities with programs and activities of other state and local agencies. Persons other than the professional staff of public and, private , and tribal schools and counties under ss. 46.034, 46.215, 46.22, 46.23, 51.42, and 51.437 may attend the training programs. The department may charge such persons a fee sufficient to cover the increased costs of materials, but not personnel cost, to the department of their participation in the programs. The department may not deny any resident of Wisconsin the opportunity to participate in a program if the person is unable to pay any fee.

AB637,29,13 (b) Provide consultation and technical assistance to public and, private, and tribal schools for the development and implementation of protective behaviors programs and the coordination of those programs with programs of other state and local agencies.

Note: Includes tribal schools in DPI's program to assist schools in developing protective behavior programs.

AB637, s. 54 Section 54. 115.42 (1) (a) 2. and (2) (a) 2. of the statutes are amended to read: