AB637: Bill Text

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:

AB637,29,16 115.42 (1) (a) 2. The person is licensed as a teacher by the state superintendent or employed as a teacher in a private school or tribal school located in this state.

AB637,29,19 (2) (a) 2. The person maintains his or her license as a teacher by the state superintendent or remains employed in a private school or tribal school located in this state.

Note: Includes teachers employed at a tribal school as those eligible for grants if they are certified by the National Board for Professional Teaching Standards and meet other criteria.

AB637, s. 55 Section 55. 115.52 (3) (b) 1., 2. and 10. of the statutes are amended to read:

AB637,30,3 115.52 (3) (b) 1. Provide evaluation services to assist local educational agencies, cooperative educational service agencies, county children with disabilities education boards, private schools, tribal schools, and others.

AB637,30,6 2. Provide technical assistance and consultation services to local educational agencies, cooperative educational service agencies, county children with disabilities education boards, private schools, tribal schools, and others.

AB637,30,10 10. Rent or lease technological materials and assistive technology devices, as defined in s. 115.76 (1), to local educational agencies, cooperative educational service agencies, county children with disabilities education boards, and private schools, and tribal schools.

Note: Includes tribal schools with those groups to which the Wisconsin Educational Services Program for the Deaf and Hard of Hearing may provide the services specified.

AB637, s. 56 Section 56. 115.525 (3) (b) 2. of the statutes is amended to read:

AB637,30,15 115.525 (3) (b) 2. Provide technical assistance and consultation services to entities such as local educational agencies, cooperative educational service agencies, county children with disabilities education boards and , private schools, and tribal schools.

Note: Includes tribal schools with those groups to which the Wisconsin Center for the Blind and Visually Impaired may provide technical assistance and consultation services.

AB637, s. 57 Section 57. 116.01 of the statutes is amended to read:

AB637,31,5 116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for a service unit between the school district and the state superintendent. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts and between school districts and the state. Cooperative educational service agencies may provide leadership, coordination, and education services to school districts, University of Wisconsin System institutions, and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public and, private , and tribal schools, agencies, and organizations that provide services to pupils.

Note: Authorizes cooperative educational service agencies (CESAs) to facilitate communication and cooperation among public, private, and tribal schools, agencies, and organizations that provide services to pupils.

AB637, s. 58 Section 58. 116.032 (1) and (3) (a) (intro.) of the statutes are amended to read:

AB637,31,12 116.032 (1) Subject to subs. (2) to (5), for the purpose of providing services to pupils, a board of control may contract with school districts, University of Wisconsin System institutions, technical college district boards, private schools, tribal schools, and agencies or organizations that provide services to pupils. A board of control may also contract with one or more school boards to operate a charter school under s. 118.40 (3) (c).

AB637,31,16 (3) (a) (intro.) A board of control may contract with a private school, tribal school, or private agency or organization to provide a service or program to that private school, tribal school, or private agency or organization only if all of the following apply:

Note: Subject to certain conditions, authorizes a CESA to contract with a tribal school.

AB637, s. 59 Section 59. 118.025 of the statutes is amended to read:

AB637,31,21 118.025 Arbor day observance. A school The principal of a public, private, or tribal school may request one free tree provided from state forest nurseries by the department of natural resources under s. 28.06 for each 4th grade pupil in the school for planting in conjunction with an annual observance and celebration of arbor day.

Note: Specifies that tribal schools may request trees from the state forest nursery for arbor day observance.

AB637, s. 60 Section 60. 118.08 (1) of the statutes is amended to read:

AB637,32,7 118.08 (1) On any street or highway which borders the grounds of any public or, private, or tribal school in which school is held for a term of not less than 6 months, the authority in charge of the maintenance of the street or highway shall erect black and yellow "school" warning signs. The authority may also designate school crossings across any street or highway, whether or not the street or highway borders on the grounds of a school.

Note: Requires the authority in charge of a street or highway to erect school warning signs, including signs for tribal schools.

AB637, s. 61 Section 61. 118.125 (2) (n) of the statutes is amended to read:

AB637,32,22 118.125 (2) (n) For the purpose of providing services to a pupil before adjudication, a school board may disclose pupil records to a law enforcement agency, district attorney, city attorney, corporation counsel, agency, as defined in s. 938.78 (1), intake worker under s. 48.067 or 938.067, court of record, municipal court, private school, or another school board if disclosure is pursuant to an interagency agreement and the person to whom the records are disclosed certifies in writing that the records will not be disclosed to any other person except as permitted under this subsection. For the purpose of providing services to a pupil before adjudication, a school board may disclose pupil records to a tribal school if disclosure is pursuant to an agreement between the school board and the governing body of the tribal school and if the school board determines that enforceable protections are provided by a tribal school policy or tribal law that requires the tribal school official to whom the records are disclosed not to disclose the records to any other person except as permitted under this subsection.

Note: Current law provides that, for the purpose of providing services to a pupil before adjudication, a school board may disclose pupil records to certain entities, including a private school, if disclosure is pursuant to an interagency agreement and the person to whom records are disclosed certifies that the records will not be disclosed to any other person except as permitted under s. 118.125 (2), stats. The bill permits a school board to disclose pupil records to a tribal school under this provision if disclosure is pursuant to an agreement between the school board and the governing body of the tribal school and if the school board determines that enforceable protections are provided by a tribal school policy or tribal law that requires the tribal school official to whom the records are disclosed not to disclose the records to any other person except as permitted under s. 118.125 (2), stats.

AB637, s. 62 Section 62. 118.125 (4) of the statutes is amended to read:

AB637,33,15 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school, including a private school or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p). In this subsection, "school" and "school district" include any secured correctional facility, secured child caring institution, secured group home, adult correctional institution, mental health institute, or center for the developmentally disabled, that provides an educational program for its residents instead of or in addition to that which is provided by public and, private , and tribal schools.

Note: Clarifies that, under current law, the requirement that a school district transfer records to a school includes a requirement that a school district transfer records to a tribal school. The bill also adds a reference to tribal schools in referring to a center for the developmentally disabled that provides an educational program directly or in addition to that provided by a tribal school.

AB637, s. 63 Section 63. 118.127 (2) of the statutes is amended to read:

AB637,34,17 118.127 (2) A school district or , private school, or tribal school may disclose information from law enforcement officers' records obtained under s. 938.396 (1m) only to persons employed by the school district who are required by the department under s. 115.28 (7) to hold a license, to persons employed by the private school or tribal school as teachers and to other school district or, private school, or tribal school officials who have been determined by the school board or governing body of the private school or tribal school to have legitimate educational interests, including safety interests, in that information. In addition, if that information relates to a pupil of the school district or, private school, or tribal school, the school district or, private school, or tribal school may also disclose that information to those employees of the school district or, private school , or tribal school who have been designated by the school board or governing body of the private school or tribal school to receive that information for the purpose of providing treatment programs for pupils enrolled in the school district or, private school , or tribal school. A school district may not use law enforcement officers' records obtained under s. 938.396 (1m) as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against a pupil.

Note: This amendment relates to the amendment to s. 938.396 (1m), below. If law enforcement records are disclosed to a tribal school under that provision, the amendment to s. 118.127 (2), stats., imposes duties on the tribal school that are the same as those duties imposed on a private school that receives such information, namely, limiting to whom the tribal school may disclose the information. (The amendment to s. 938.396 (1m), stats., below, specifies that the law enforcement agency policy must specify that the law enforcement agency cannot provide information under s. 938.396 (1m), stats., to a tribal school unless the governing body of the tribal school agrees that the information will be used by the tribal school in the same manner as public and private schools as provided under s. 118.127 (2), stats.)