Note: Includes tribal schools in DPI's program to assist schools in developing
suicide prevention programs.
AB637, s. 53 5Section 53. 115.368 (1) and (2) (a) and (b) of the statutes are amended to read:
AB637,28,106 115.368 (1) The purpose of this section is to enable and encourage public and,
7private, and tribal schools to develop protective behaviors programs and
8anti-offender behavior programs designed to assist minors and their parents or
9guardians in recognizing, avoiding, preventing, and halting physically or
10psychologically intrusive or abusive situations that may be harmful to minors.
AB637,29,9 11(2) (a) Develop and conduct protective behaviors training programs for the
12professional staff of public and, private , and tribal schools and counties under ss.
1346.034, 46.215, 46.22, 46.23, 51.42, and 51.437. The training programs shall include
14information on how to assist a minor and his or her parent or guardian in
15recognizing, avoiding, preventing, and halting physically or psychologically
16intrusive or abusive situations that may be harmful to the minor, including child
17abuse, sexual abuse, and child enticement. The training programs shall emphasize
18how to help minors to develop positive psychological, emotional, and
19problem-solving responses to such situations, and to avoid relying on negative,
20fearful, or solely reactive methods of dealing with such situations. The training
21programs shall also include information on the detection, by other minors, their
22parents or guardians, and school staff, of conditions that indicate that a minor is
23being or has been subjected to such situations; the proper action to take when there

1is reason to believe that a minor is being or has been subjected to such situations; and
2the coordination of school protective behaviors programs and activities with
3programs and activities of other state and local agencies. Persons other than the
4professional staff of public and, private , and tribal schools and counties under ss.
546.034, 46.215, 46.22, 46.23, 51.42, and 51.437 may attend the training programs.
6The department may charge such persons a fee sufficient to cover the increased costs
7of materials, but not personnel cost, to the department of their participation in the
8programs. The department may not deny any resident of Wisconsin the opportunity
9to participate in a program if the person is unable to pay any fee.
AB637,29,1310 (b) Provide consultation and technical assistance to public and, private, and
11tribal
schools for the development and implementation of protective behaviors
12programs and the coordination of those programs with programs of other state and
13local agencies.
Note: Includes tribal schools in DPI's program to assist schools in developing
protective behavior programs.
AB637, s. 54 14Section 54. 115.42 (1) (a) 2. and (2) (a) 2. of the statutes are amended to read:
AB637,29,1615 115.42 (1) (a) 2. The person is licensed as a teacher by the state superintendent
16or employed as a teacher in a private school or tribal school located in this state.
AB637,29,19 17(2) (a) 2. The person maintains his or her license as a teacher by the state
18superintendent or remains employed in a private school or tribal school located in
19this 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 20Section 55. 115.52 (3) (b) 1., 2. and 10. of the statutes are amended to read:
AB637,30,3
1115.52 (3) (b) 1. Provide evaluation services to assist local educational agencies,
2cooperative educational service agencies, county children with disabilities education
3boards, private schools, tribal schools, and others.
AB637,30,64 2. Provide technical assistance and consultation services to local educational
5agencies, cooperative educational service agencies, county children with disabilities
6education boards, private schools, tribal schools, and others.
AB637,30,107 10. Rent or lease technological materials and assistive technology devices, as
8defined in s. 115.76 (1), to local educational agencies, cooperative educational service
9agencies, county children with disabilities education boards, and private schools,
10and 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 11Section 56. 115.525 (3) (b) 2. of the statutes is amended to read:
AB637,30,1512 115.525 (3) (b) 2. Provide technical assistance and consultation services to
13entities such as local educational agencies, cooperative educational service agencies,
14county children with disabilities education boards and , private schools, and tribal
15schools
.
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 16Section 57. 116.01 of the statutes is amended to read:
AB637,31,5 17116.01 Purpose. The organization of school districts in Wisconsin is such that
18the legislature recognizes the need for a service unit between the school district and
19the state superintendent. The cooperative educational service agencies are designed
20to serve educational needs in all areas of Wisconsin by serving as a link both between
21school districts and between school districts and the state. Cooperative educational

1service agencies may provide leadership, coordination, and education services to
2school districts, University of Wisconsin System institutions, and technical colleges.
3Cooperative educational service agencies may facilitate communication and
4cooperation among all public and, private , and tribal schools, agencies, and
5organizations 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 6Section 58. 116.032 (1) and (3) (a) (intro.) of the statutes are amended to read:
AB637,31,127 116.032 (1) Subject to subs. (2) to (5), for the purpose of providing services to
8pupils, a board of control may contract with school districts, University of Wisconsin
9System institutions, technical college district boards, private schools, tribal schools,
10and agencies or organizations that provide services to pupils. A board of control may
11also contract with one or more school boards to operate a charter school under s.
12118.40 (3) (c).
AB637,31,16 13(3) (a) (intro.) A board of control may contract with a private school, tribal
14school,
or private agency or organization to provide a service or program to that
15private school, tribal school, or private agency or organization only if all of the
16following apply:
Note: Subject to certain conditions, authorizes a CESA to contract with a tribal
school.
AB637, s. 59 17Section 59. 118.025 of the statutes is amended to read:
AB637,31,21 18118.025 Arbor day observance. A school The principal of a public, private,
19or tribal school
may request one free tree provided from state forest nurseries by the
20department of natural resources under s. 28.06 for each 4th grade pupil in the school
21for 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 1Section 60. 118.08 (1) of the statutes is amended to read:
AB637,32,72 118.08 (1) On any street or highway which borders the grounds of any public
3or, private, or tribal school in which school is held for a term of not less than 6 months,
4the authority in charge of the maintenance of the street or highway shall erect black
5and yellow "school" warning signs. The authority may also designate school
6crossings across any street or highway, whether or not the street or highway borders
7on 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 8Section 61. 118.125 (2) (n) of the statutes is amended to read:
AB637,32,229 118.125 (2) (n) For the purpose of providing services to a pupil before
10adjudication, a school board may disclose pupil records to a law enforcement agency,
11district attorney, city attorney, corporation counsel, agency, as defined in s. 938.78
12(1), intake worker under s. 48.067 or 938.067, court of record, municipal court,
13private school, or another school board if disclosure is pursuant to an interagency
14agreement and the person to whom the records are disclosed certifies in writing that
15the records will not be disclosed to any other person except as permitted under this
16subsection. For the purpose of providing services to a pupil before adjudication, a
17school board may disclose pupil records to a tribal school if disclosure is pursuant to
18an agreement between the school board and the governing body of the tribal school
19and if the school board determines that enforceable protections are provided by a
20tribal school policy or tribal law that requires the tribal school official to whom the
21records are disclosed not to disclose the records to any other person except as
22permitted 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 1Section 62. 118.125 (4) of the statutes is amended to read:
AB637,33,152 118.125 (4) Transfer of records. Within 5 working days, a school district shall
3transfer to another school, including a private school or tribal school, or school
4district all pupil records relating to a specific pupil if the transferring school district
5has received written notice from the pupil if he or she is an adult or his or her parent
6or guardian if the pupil is a minor that the pupil intends to enroll in the other school
7or school district or written notice from the other school or school district that the
8pupil has enrolled or from a court that the pupil has been placed in a secured
9correctional facility, as defined in s. 938.02 (15m), a secured child caring institution,
10as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).
11In this subsection, "school" and "school district" include any secured correctional
12facility, secured child caring institution, secured group home, adult correctional
13institution, mental health institute, or center for the developmentally disabled, that
14provides an educational program for its residents instead of or in addition to that
15which 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 16Section 63. 118.127 (2) of the statutes is amended to read:
AB637,34,17
1118.127 (2) A school district or , private school, or tribal school may disclose
2information from law enforcement officers' records obtained under s. 938.396 (1m)
3only to persons employed by the school district who are required by the department
4under s. 115.28 (7) to hold a license, to persons employed by the private school or
5tribal school
as teachers and to other school district or, private school, or tribal school
6officials who have been determined by the school board or governing body of the
7private school or tribal school to have legitimate educational interests, including
8safety interests, in that information. In addition, if that information relates to a
9pupil of the school district or, private school, or tribal school, the school district or,
10private school, or tribal school may also disclose that information to those employees
11of the school district or, private school , or tribal school who have been designated by
12the school board or governing body of the private school or tribal school to receive that
13information for the purpose of providing treatment programs for pupils enrolled in
14the school district or, private school , or tribal school. A school district may not use
15law enforcement officers' records obtained under s. 938.396 (1m) as the sole basis for
16expelling or suspending a pupil or as the sole basis for taking any other disciplinary
17action, 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.)
AB637, s. 64 18Section 64. 118.145 (3) and (4) of the statutes are amended to read:
AB637,35,719 118.145 (3) If the superintendent or principal of a private school or of a tribal
20school
files with the department the course of study for elementary grades prescribed

1by such school and if such course of study is substantially equivalent to the course
2of study prepared for elementary grades by the department, a certificate or diploma
3or other written evidence issued by the superintendent or principal of the private
4school or tribal school showing that the pupil has completed such course of study
5shall entitle the pupil to admission to a public high school. The certificate or diploma
6or a certified copy thereof or a certified copy of a list of graduates shall be filed with
7the school district clerk of the school district operating the high school.
AB637,35,13 8(4) The school board of a school district operating high school grades shall allow
9a pupil enrolled in a private school, a pupil enrolled in a tribal school, or a pupil
10enrolled in a home-based educational program, who has met the standards for
11admission to high school under sub. (1), to take up to 2 courses during each school
12semester if the pupil resides in the school district in which the public school is located
13and if the school board determines that there is sufficient space in the classroom.
Note: Permits a tribal school to file with DPI information about the elementary
school course of study which entitles a pupil having completed that course of study to be
admitted to a public high school. Also permits a tribal school pupil who has met the
standards for admission to high school to take up to 2 courses each semester at a public
high school in the school district in which the pupil resides if the school board determines
that there is sufficient space in the classroom. (Under s. 121.004 (7) (e), stats., public
schools receive some equalization aid for providing this instruction; under s. 121.05 (1)
(a) 12., stats., the number of these pupils is included in the annual school district report;
and under s. 121.54 (2) (c), stats., a school district may elect, but is not required, to provide
transportation for pupils under s. 118.145 (4), stats.)
AB637, s. 65 14Section 65. 118.15 (1) (a) of the statutes is amended to read:
AB637,36,215 118.15 (1) (a) Except as provided under pars. (b) to (d) and sub. (4), unless the
16child is excused under sub. (3) or has graduated from high school, any person having
17under control a child who is between the ages of 6 and 18 years shall cause the child
18to attend school regularly during the full period and hours, religious holidays
19excepted, that the public or, private , or tribal school in which the child should be

1enrolled is in session until the end of the school term, quarter , or semester of the
2school year in which the child becomes 18 years of age.
Note: Current law does not clearly provide that attendance at a tribal school
satisfies the compulsory school attendance laws. The bill explicitly refers to attendance
at a tribal school.
The bill does not treat tribal schools similarly to private schools under the
compulsory school attendance laws in that private schools are required: (1) to keep
records, including: the dates school is held, the names and ages of pupils, the names and
addresses of parents of the pupils, and the dates pupils were present at school; and (2)
make that information available to the school board's school attendance officer. The bill
does not require tribal schools to do so.
AB637, s. 66 3Section 66. 118.15 (1) (d) 4. of the statutes is amended to read:
AB637,36,84 118.15 (1) (d) 4. Enrollment in any nonsectarian private school or program, or
5tribal school
, located in the school district in which the child resides, which complies
6with the requirements of 42 USC 2000d. Enrollment of a child under this subdivision
7shall be pursuant to a contractual agreement which under s. 121.78 (5) that provides
8for the payment of the child's tuition by the school district.
Note: Under current law, a child's parent or the child may request that the school
board provide program or curriculum modifications, including several items specified in
the statutes, including a request to attend a private school, rather than the public school.
The school board then decides the matter. The bill permits a curriculum modification to
be requested to attend a tribal school.
AB637, s. 67 9Section 67. 118.153 (1) (b) of the statutes is amended to read:
AB637,36,1310 118.153 (1) (b) "Dropout" means a child who ceased to attend school, does not
11attend a public or, private, or tribal school, technical college, or home-based private
12educational program on a full-time basis, has not graduated from high school, and
13does not have an acceptable excuse under s. 118.15 (1) (b) to (d) or (3).
Note: Exempts a child who attends tribal school from the definition of "dropout"
in the statute for children at risk of not graduating from high school programs. That
definition is used by cross-reference in several other statutes.
The bill does not amend s. 118.163, stats., relating to municipal truancy and school
dropout ordinances. However, the effect of the amendments noted above that include
tribal schools will affect s. 118.163, stats.
AB637, s. 68 14Section 68. 118.16 (2) (em) of the statutes is created to read:
AB637,37,3
1118.16 (2) (em) Shall request information regarding the attendance of any child
2between the ages of 6 and 18 who is a resident of the school district and who claims
3or is claimed to be in attendance at a tribal school.
Note: As part of the school attendance enforcement statute, current law requires
private schools to keep a record containing certain information about pupils, including
their attendance. Current law also specifies that a school attendance officer must have
access to this information at all reasonable times. [s. 118.16 (2) (e) and (3), stats.] The
bill requires a school attendance officer to request information about the attendance of
a child between the ages of 6 and 18 who is a resident of the school district and who claims
or is claimed to be attending a tribal school. The bill does not require the tribal school to
keep or provide the information to the school attendance officer.
AB637, s. 69 4Section 69. 118.162 (1) (am) and (m) of the statutes are created to read:
AB637,37,85 118.162 (1) (am) A representative from each tribal school in the county,
6designated by the governing body of that tribal school that he or she represents, who
7may be a member of the tribal school governing body, school administrator, teacher,
8pupil services professional, or parent of a child enrolled in that tribal school.
AB637,37,109 (m) A parent of a pupil enrolled in a tribal school located in the county, who
10resides in the county, designated by the county board.
Note: Adds to the county committee that advises on school districts' truancy plans:
(1) a representative of each tribal school in the county; and (2) a parent of a tribal school
pupil. The latter provision is modeled after the provision for a parent of a private school
pupil being appointed to the county committee.
AB637, s. 70 11Section 70. 118.255 (2) of the statutes is amended to read:
AB637,38,612 118.255 (2) (a) If a school board, cooperative educational service agency, or
13county children with disabilities education board provides physical or mental health
14treatment services to its pupils, it may also provide such services within the private
15school or tribal school facilities to those private school or tribal school pupils who are
16referred to the public school board, cooperative educational service agency, or county
17children with disabilities education board by the administrator of a private school
18or tribal school for evaluation for possible servicing. There shall be no charge for
19health treatment services provided to any pupils unless public school students or

1their parents are charged for similar services. For purposes of state aid, as it is
2provided under s. 115.88 to the public school district, for the health treatment service
3program, private school and tribal school pupils receiving such health treatment
4services shall be counted among the pupils of the public school district receiving such
5services, although each child may receive health treatment services within the
6child's own school facilities, whether public or, private, or tribal.
AB637,38,157 (b) A school board, cooperative educational service agency, or county children
8with disabilities education board providing services under this section may enter
9into agreements with the administrator of a private school or tribal school on the
10scheduling, space, and other necessary arrangements for performance of such health
11treatment services. A school board, cooperative educational service agency, or county
12children with disabilities education board shall not pay any private school or tribal
13school
for any services or facilities provided under this section. Control of the health
14treatment services program shall rest with the public school board, cooperative
15educational service agency, or county children with disabilities education board.
AB637,38,1916 (c) A school board, cooperative educational service agency, or county children
17with disabilities education board may provide health treatment services only within
18private school or tribal school facilities located within the boundaries of the school
19district, cooperative educational service agency, or county.
Note: Permits school boards, CESAs, and county children with disabilities
education boards to provide health treatment services to tribal school pupils at tribal
schools under certain circumstances. One of the required circumstances is that the pupil
be referred by the tribal school administrator.
AB637, s. 71 20Section 71. 118.257 (1) (d) of the statutes is amended to read:
AB637,39,221 118.257 (1) (d) "School" means a public, parochial or, private, or tribal school
22which provides an educational program for one or more grades between grades 1 and

112 and which is commonly known as an elementary school, middle school, junior high
2school, senior high school, or high school.
Note: Current law exempts from liability certain staff at a private school for
removing a pupil from school premises or from school-sponsored activities for suspicion
of certain activities relating to controlled substances. Changing this definition has the
effect of extending to certain tribal school officials the same exemption from liability
under state law. It also has the effect of adding tribal schools to the definition of school
in s. 134.66 (1) (h), stats., which cross-references this definition. This would prohibit a
retailer from placing a vending machine that dispenses cigarettes within 500 feet of a
tribal school.
Extending the immunity protections under state law to certain tribal school staff
does not affect whatever right such staff have to raise a defense of tribal sovereign
immunity if sued.
AB637, s. 72 3Section 72. 118.29 (2) (a) (intro.) and 3. and (b) and (3) of the statutes are
4amended to read:
AB637,39,145 118.29 (2) (a) (intro.) Notwithstanding chs. 441, 447, 448, and 450, a school bus
6operator validly authorized under ss. 343.12 and 343.17 (3) (c) to operate the school
7bus he or she is operating, any school employee or volunteer, county children with
8disabilities education board employee or volunteer or cooperative educational
9service agency employee or volunteer authorized in writing by the administrator of
10the school district, the board or the agency, respectively, or by a school principal, and
11any private school employee or volunteer authorized in writing by a private school
12administrator or private school principal, and any tribal school employee or
13volunteer authorized in writing by a tribal school administrator or tribal school
14principal
:
AB637,39,1815 3. Is Subject to sub. (4m), is immune from civil liability for his or her acts or
16omissions in administering a drug or prescription drug to a pupil under subd. 1., 2.,
172m., or 2r. unless the act or omission constitutes a high degree of negligence. This
18subdivision does not apply to health care professionals.
AB637,40,6
1(b) Any Subject to sub. (4m), any school district administrator, county children
2with disabilities education board administrator, cooperative educational service
3agency administrator, public or, private , or tribal school principal, or private or tribal
4school administrator who authorizes an employee or volunteer to administer a drug
5or prescription drug to a pupil under par. (a) is immune from civil liability for the act
6of authorization unless it constitutes a high degree of negligence.
AB637,40,15 7(3) Emergency care; civil liability exemption. Any school bus operator validly
8authorized under ss. 343.12 and 343.17 (3) (c) to operate the school bus he or she is
9operating and any public or, private , or tribal school employee or volunteer, county
10children with disabilities education board employee or volunteer, or cooperative
11educational service agency employee or volunteer, other than a health care
12professional, who in good faith renders emergency care to a pupil of a public or,
13private, or tribal school is immune from civil liability for his or her acts or omissions
14in rendering such emergency care. The immunity from civil liability provided under
15this subsection is in addition to and not in lieu of that provided under s. 895.48 (1).
AB637, s. 73 16Section 73. 118.29 (4m) of the statutes is created to read:
AB637,40,2017 118.29 (4m) Applicability to tribal school employees. The immunity under
18sub. (2) applies to a tribal school employee, administrator, or volunteer only if the
19governing body of the tribal school has adopted a written policy that complies with
20sub. (4).
Note: Current law, in pertinent part, permits private school employees and
volunteers to administer certain drugs to pupils under certain circumstances and
exempts them from liability under state law for doing so. It also requires the governing
board of a private school to adopt a written policy governing such administration. The
bill permits tribal school employees and volunteers to do so in the same situations and
extends to them the same exemptions from liability under state law if the governing body
of the tribal school has adopted a written policy that complies with the requirements for
a written policy that apply to private schools. The bill also extends to tribal school
employees and volunteers the same exemption from liability under state law when they

are rendering emergency care that applies to certain others, including private school
employees and volunteers.
Extending the immunity protections to tribal school employees and volunteers
does not affect whatever right they have to raise a defense of tribal sovereign immunity
if sued.
AB637, s. 74 1Section 74. 118.295 of the statutes is amended to read:
AB637,41,8 2118.295 Suicide intervention; civil liability exemption. Any school
3board, private school, tribal school, county children with disabilities education
4board, or cooperative educational service agency, and any officer, employee, or
5volunteer thereof, who in good faith attempts to prevent suicide by a pupil is immune
6from civil liability for his or her acts or omissions in respect to the suicide or
7attempted suicide. The civil liability immunity provided in this section is in addition
8to and not in lieu of that provided under s. 895.48 (1).
Note: Current law, in pertinent part, specifies that private school officers,
employees, and volunteers who in good faith attempt to prevent suicide by a pupil are
exempt under state law from civil liability for their acts or omissions. The bill extends
the same exemptions from liability under state law to tribal school officers, employees,
and volunteers.
Extending the immunity protections to tribal school officers, employees, and
volunteers does not affect whatever right they have to raise a defense of tribal sovereign
immunity if sued.
AB637, s. 75 9Section 75. 120.18 (1) (a) 2. and (s) of the statutes are amended to read:
AB637,42,210 120.18 (1) (a) 2. Adding the number of persons under this paragraph who were
11residents of the school district and were enrolled in the school district on the 3rd
12Friday of September of the previous school year; plus the number of persons under
13this paragraph who were residents of the school district and who were enrolled in
14private schools, tribal schools, home-based private educational programs, or other
15school districts on the 3rd Friday of September of the previous school year; plus the
16number or an estimate of the number of those persons under this paragraph who
17were residents of the school district and not enrolled in the school district, private

1schools, tribal schools, home-based private educational programs, or other school
2districts on the 3rd Friday of September of the previous school year.
AB637,42,43 (s) Such other facts and statistics in relation to the schools, public or, private,
4or tribal
, in the school district as the department requires.
Note: In the annual school district report submitted by the school district clerk to
DPI, requires inclusion of the above information about tribal schools and tribal school
pupils. (This information can be included only if the tribal school voluntarily provides the
information to the school district.)
AB637, s. 76 5Section 76. 121.05 (1) (a) 7. of the statutes is amended to read:
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