SB300, s. 25 21Section 25. 45.396 (2) of the statutes is amended to read:
SB300,16,1422 45.396 (2) Any veteran upon the completion of any correspondence course or
23part-time classroom study from an institution of higher education located in this

1state, from a school that is approved under s. 45.35 (9m), from a proprietary school
2that is approved under s. 45.54, or from any public or private high school, or from any
3tribal school, as defined in s. 115.001 (16), that operates high school grades
may be
4reimbursed in part for the cost of the course by the department upon presentation
5to the department of a certificate from the school indicating that the veteran has
6completed the course and stating the cost of the course and upon application for
7reimbursement completed by the veteran and received by the department no later
8than 60 days after the termination of the course for which the application for
9reimbursement is made. The department shall accept and process an application
10received more than 60 days after the termination of the course if the applicant shows
11good cause for the delayed receipt. The department may not require that an
12application be received sooner than 60 days after a course is completed. Benefits
13granted under this section shall be paid out of the appropriation under s. 20.485 (2)
14(th).
Note: Provides that a veteran is eligible for reimbursement for a course taken at
a tribal high school under certain circumstances.
SB300, s. 26 15Section 26. 46.275 (3r) (a) 3. of the statutes is amended to read:
SB300,16,1916 46.275 (3r) (a) 3. The person will be relocated into the home of the person's
17parent or guardian and will be receiving state monitoring of the relocation and
18services provided by a public or private school or a tribal school, as defined in s.
19115.001 (16)
.
Note: Current law permits the Department of Health and Family Services (DHFS)
to relocate a resident of a state center for the developmentally disabled to the community
without county participation under certain circumstances, including the circumstance in
s. 46.275 (3r) (a) 3., stats., which is amended to include a tribal school.
SB300, s. 27 20Section 27. 48.02 (18m) of the statutes is created to read:
SB300,16,2121 48.02 (18m) "Tribal school" has the meaning given in s. 115.001 (16).
SB300, s. 28
1Section 28. 48.345 (12) (a) 5. of the statutes is created to read:
SB300,17,32 48.345 (12) (a) 5. Pursuant to a contractual agreement with the school district
3in which the child resides, an educational program provided by a tribal school.
SB300, s. 29 4Section 29. 48.345 (12) (c) of the statutes is amended to read:
SB300,17,115 48.345 (12) (c) The judge shall order the county department, department, in
6a county having a population of 500,000 or more, or licensed child welfare agency
7responsible for supervising the child to disclose to the school board, technical college
8district board, tribal school, or private, nonprofit, nonsectarian agency which is
9providing an educational program under par. (a) 3. records or information about the
10child, as necessary to assure the provision of appropriate educational services under
11par. (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.
SB300, s. 30 12Section 30. 48.355 (2) (c) of the statutes is amended to read:
SB300,17,1913 48.355 (2) (c) If school attendance is a condition of an order under par. (b) 7.,
14the order shall specify what constitutes a violation of the condition and shall direct
15the school board of the school district, or the governing body of the private school, in
16which the child is enrolled, or shall request the governing body of the tribal school
17in which the child is enrolled,
to notify the county department that is responsible for
18supervising the child or, in a county having a population of 500,000 or more, the
19department 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.
SB300, s. 31 1Section 31. 48.396 (1) of the statutes is amended to read:
SB300,19,32 48.396 (1) Law enforcement officers' records of children shall be kept separate
3from records of adults. Law enforcement officers' records of the adult expectant
4mothers of unborn children shall be kept separate from records of other adults. Law
5enforcement officers' records of children and the adult expectant mothers of unborn
6children shall not be open to inspection or their contents disclosed except under sub.
7(1b), (1d), or (5) or s. 48.293 or by order of the court. This subsection does not apply
8to the representatives of newspapers or other reporters of news who wish to obtain
9information for the purpose of reporting news without revealing the identity of the
10child or adult expectant mother involved, to the confidential exchange of information
11between the police and officials of the public or private school attended by the child
12or other law enforcement or social welfare agencies or to children 10 years of age or
13older who are subject to the jurisdiction of the court of criminal jurisdiction. A public
14school official who obtains information under this subsection shall keep the
15information confidential as required under s. 118.125, and a private school official
16who obtains information under this subsection shall keep the information
17confidential in the same manner as is required of a public school official under s.
18118.125. This subsection does not apply to the confidential exchange of information
19between the police and officials of the tribal school attended by the child if the police
20determine that enforceable protections are provided by a tribal school policy or tribal
21law that requires tribal school officials to keep the information confidential in a
22manner at least as stringent as is required of a public school official under s. 118.125.

23A law enforcement agency that obtains information under this subsection shall keep

1the information confidential as required under this subsection and s. 938.396 (1). A
2social welfare agency that obtains information under this subsection shall keep the
3information 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.
SB300, s. 32 4Section 32. 48.65 (2) (b) of the statutes is amended to read:
SB300,19,55 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.
SB300, s. 33 6Section 33. 48.78 (2) (b) of the statutes is amended to read:
SB300,20,87 48.78 (2) (b) Paragraph (a) does not apply to the confidential exchange of
8information between an agency and another social welfare agency, a law
9enforcement agency, a public school, or a private school regarding an individual in
10the care or legal custody of the agency. A social welfare agency that obtains
11information under this paragraph shall keep the information confidential as
12required under this section and s. 938.78. A law enforcement agency that obtains
13information under this paragraph shall keep the information confidential as
14required under ss. 48.396 (1) and 938.396 (1). A public school that obtains
15information under this paragraph shall keep the information confidential as

1required under s. 118.125, and a private school that obtains information under this
2paragraph shall keep the information confidential in the same manner as is required
3of a public school under s. 118.125. Paragraph (a) does not apply to the confidential
4exchange of information between an agency and officials of a tribal school regarding
5an individual in the care or legal custody of the agency if the agency determines that
6enforceable protections are provided by a tribal school policy or tribal law that
7requires tribal school officials to keep the information confidential in a manner at
8least 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.
SB300, s. 34 9Section 34. 49.26 (1) (a) 2. bm. of the statutes is created to read:
SB300,20,1010 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.
SB300, s. 35 11Section 35. 49.26 (1) (g) 2. of the statutes is amended to read:
SB300,20,1412 49.26 (1) (g) 2. The individual has not graduated from a public or, private, or
13tribal
high school or obtained a declaration of equivalency of high school graduation
14under 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.
SB300, s. 36 15Section 36. 51.45 (4) (d) of the statutes is amended to read:
SB300,21,416 51.45 (4) (d) Cooperate with the department of public instruction, local boards
17of education, schools, including tribal schools, as defined in s. 115.001 (16), police

1departments, courts, and other public and private agencies, organizations, and
2individuals in establishing programs for the prevention of alcoholism and treatment
3of alcoholics and intoxicated persons, and preparing curriculum materials thereon
4for 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.
SB300, s. 37 5Section 37 . 103.21 (7) of the statutes is created to read:
SB300,21,66 103.21 (7) "Tribal school" has the meaning given in s. 115.001 (16).
SB300, s. 38 7Section 38 . 103.23 (2) (intro.) and (a) of the statutes are amended to read:
SB300,21,108 103.23 (2) (intro.) A minor under 12 years of age may work in a fund-raising
9sale for a nonprofit organization, a public school or , a private school, or a tribal school
10under the following conditions:
SB300,21,1211 (a) Each minor must give the nonprofit organization, public school or, private
12school, or tribal school written approval from the minor's parent or guardian.
SB300, s. 39 13Section 39. 103.25 (3m) (c) and (5) of the statutes are amended to read:
SB300,21,1614 103.25 (3m) (c) This subsection does not apply to employment of a minor by a
15newspaper publisher or in a fund-raising sale for a nonprofit organization, a public
16school or, a private school, or a tribal school.
SB300,21,18 17(5) This section does not apply to employment of a minor in a fund-raising sale
18for a nonprofit organization, a public school or, a private school, or a tribal school.
SB300, s. 40 19Section 40. 103.27 (3) of the statutes is amended to read:
SB300,21,2220 103.27 (3) This section does not apply to employment of a minor in a
21fund-raising sale for a nonprofit organization, a public school or, a private school, or
22a tribal school
.
SB300, s. 41 23Section 41 . 103.275 (8) of the statutes is amended to read:
SB300,22,3
1103.275 (8) Exception. This section does not apply to the employment of a
2minor by a newspaper publisher or in a fund-raising sale for a nonprofit
3organization, 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.
SB300, s. 42 4Section 42. 103.64 (6) of the statutes is created to read:
SB300,22,55 103.64 (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.
SB300, s. 43 6Section 43. 103.67 (2) (c) of the statutes is amended to read:
SB300,22,97 103.67 (2) (c) Minors 12 years of age or older may be employed in street trades,
8and any minor may work in fund-raising sales for nonprofit organizations, public
9schools or, private schools, or tribal schools, as provided in ss. 103.21 to 103.31.
Note: Relates to Sections 37 to 41 , above.
SB300, s. 44 10Section 44. 103.71 (1) (b) of the statutes is amended to read:
SB300,22,1711 103.71 (1) (b) A diploma or certificate to this effect issued by the superintendent
12of the parochial school system or by the principal of the parochial or private school
13or tribal school last attended by such minor. Such superintendent, principal, or clerk
14shall issue such diploma or certificate upon receipt of any application in behalf of any
15minor entitled thereto. As used in this paragraph the term "school district" shall
16apply to all regularly constituted school districts, including union free high school
17districts.
Note: Permits a child who has completed high school, including a tribal high
school, to be employed during school hours.
SB300, s. 45
1Section 45. 115.001 (16) of the statutes is created to read:
SB300,23,72 115.001 (16) "Tribal school" means an institution with an educational program
3that has as its primary purpose providing education in any grade or grades from
4kindergarten to 12 and that is controlled by the elected governing body of a federally
5recognized American Indian tribe or band in Wisconsin or by a tribal educational
6authority established under the laws of a federally recognized American Indian tribe
7or 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.
SB300, s. 46 8Section 46. 115.28 (7) (b) and (e) 1. and (11) (intro.) of the statutes are amended
9to read:
SB300,23,1910 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of
11applicants and granting and revocation of licenses or certificates under par. (a), the
12state superintendent shall grant certificates and licenses to teachers in private
13schools and tribal schools, except that teaching experience requirements for such
14certificates and licenses may be fulfilled by teaching experience in either public or,
15private, or tribal schools. An applicant is not eligible for a license or certificate unless
16the state superintendent finds that the private school or tribal school in which the
17applicant taught offered an adequate educational program during the period of the
18applicant's teaching therein. Private schools are not obligated to employ only
19licensed 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.
SB300,24,71 (e) 1. In this paragraph, "alternative education program" means an
2instructional program, approved by the school board, that utilizes successful
3alternative or adaptive school structures and teaching techniques and that is
4incorporated into existing, traditional classrooms or regularly scheduled curricular
5programs or that is offered in place of regularly scheduled curricular programs.
6"Alternative educational program" does not include a private school , a tribal school,
7or 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.
SB300,24,14 8(11) Driver education courses. (intro.) Approve driver education courses
9offered by school districts, county children with disabilities education boards, and
10technical college districts for the purposes of s. 343.16 (1) (c) 1. and establish
11minimum standards for driver education courses offered in private schools and tribal
12schools
for the purposes of s. 343.16 (1) (c) 3. All driver education courses approved
13or for which standards are established under this subsection shall do all of the
14following:
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.
SB300, s. 47 15Section 47. 115.34 (2) of the statutes, as affected by 2005 Wisconsin Act 25,
16is amended to read:
SB300,25,717 115.34 (2) The state superintendent shall make payments to school districts,
18private schools, charter schools under s. 118.40 (2r), tribal schools, the program

1under s. 115.52, and the center under s. 115.525 for school lunches served to children
2in the prior year as determined by the state superintendent from the appropriation
3under s. 20.255 (2) (cn). Payments shall equal the state's matching obligation under
442 USC 1751 et seq. Payments in the current year shall be determined by prorating
5the state's matching obligation based on the number of school lunches served to
6children in the prior year. In this subsection, "private school" means any school
7defined in s. 115.001 (3r) which complies with the requirements of 42 USC 2000d.
Note: Adds tribal schools to the school lunch program.
SB300, s. 48 8Section 48. 115.341 of the statutes is amended to read:
SB300,25,15 9115.341 School breakfast program. (1) From the appropriation under s.
1020.255 (2) (cm), the state superintendent shall reimburse each school board 10 cents
11for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or
12220.8a, whichever is applicable, and shall reimburse each governing body of a
13private school or tribal school 10 cents for each breakfast served at the private school
14or tribal school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is
15applicable.
SB300,25,19 16(2) If the appropriation under s. 20.255 (2) (cm) in any fiscal year is insufficient
17to pay the full amount of aid under this section, the state superintendent shall
18prorate state aid payments among the school boards and governing bodies of private
19schools and tribal schools entitled to the aid.
Note: Adds tribal schools to the school breakfast program.
SB300, s. 49 20Section 49. 115.343 (1) of the statutes is amended to read:
SB300,26,821 115.343 (1) The department shall establish a school day milk program. A
22public, private, or tribal school participating in the program shall offer each eligible
23child one half-pint of Wisconsin-produced whole milk, 2% milk, 1.5% milk, one

1percent milk, 0.5% milk, skim milk or chocolate milk on each day in which school is
2in session. If a child is allergic to milk or has metabolic disorders or other conditions
3which prohibit him or her from drinking milk, the child shall be offered juice as a
4substitute. Any school that participates in the program is encouraged to consider
5bids from local milk suppliers. The school shall keep all information related to the
6identity of the pupils who receive a beverage under the program confidential. In this
7subsection, "Wisconsin-produced" means that all or part of the raw milk used by the
8milk 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.
SB300, s. 50 9Section 50. 115.345 (7m) of the statutes is amended to read:
SB300,26,1310 115.345 (7m) A private school or tribal school may establish a food services plan
11for elderly persons. If the plan meets all of the requirements of this section and is
12approved by the state superintendent, the private school or tribal school is eligible
13for 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.
SB300, s. 51 14Section 51. 115.36 (1) and (2) (a), (b) and (d) 3. of the statutes are amended
15to read:
SB300,26,1816 115.36 (1) The purpose of this section is to enable and encourage public and,
17private, and tribal schools to develop comprehensive programs to prevent or
18ameliorate alcohol and other drug abuse among minors.
SB300,26,21 19(2) (a) Develop and conduct training programs for the professional staff of
20public and, private, and tribal schools in alcohol and other drug abuse prevention,
21intervention, and instruction programs.
SB300,27,3
1(b) Provide consultation and technical assistance to public and, private, and
2tribal
schools for the development and implementation of alcohol and other drug
3abuse prevention, intervention, and instruction programs.
SB300,27,54 (d) 3. The systematic dissemination of information concerning available
5resources 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.
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