SB146: Bill Text

The bill provides the following benefits or protections to tribal school staff:

1. Permits a licensed teacher employed by a tribal school to serve on the DPI Professional Standards Council for Teachers. [Section 4.]

2. Includes tribal school teachers in the DOA program to facilitate the purchase of computers by school teachers. [Section 10.]

3. 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. [Section 48 .]

4. For the alternative education program license, specifies that, like a private school, an alternative educational program does not include a tribal school. [Section 48 .]

5. Makes teachers employed at a tribal school eligible for grants if they are certified by the National Board for Professional Teaching Standards or are licensed by DPI as a master educator and meet other criteria. [Sections 57 and 58 .]

6. Extends immunity from liability under several state laws to certain tribal school officials and others, including: for removing a pupil from school premises or from school-sponsored activities for suspicion of certain activities relating to controlled substances; for administering certain drugs to pupils under certain circumstances; for rendering emergency care; for permitting or prohibiting the use of an asthma inhaler under certain circumstances; for a good faith attempt to prevent suicide; for rendering free health care by certain health care providers at an athletic event at a tribal school; and for death or injury caused by the donation by certain individuals of commercial equipment or technology to a tribal school. [Sections 79, 80 , 81, 82 , 83, 84 , 101, and 102.]

Extending immunity under state law does not affect liability under tribal law or whatever right a person may have to raise a defense of tribal sovereign immunity if sued.

7. Includes tribal school employees and certain health care providers who provide free health care at a tribal school athletic event in the category of persons who, when significantly exposed to an individual (for example, by contact with the individual's blood) may require testing of that individual for human immunodeficiency virus (HIV) and receive the results of the test. [Sections 93 and 101 .]

8. Provides that an employee, member of the board of directors, or trustee of a tribal school, while in his or her capacity as such, may not be prosecuted under s. 944.21 (crimes relating to obscene materials or performance) or 948.11, Stats. (crimes relating to exposing a child to harmful material or harmful descriptions or narrations). [Sections 115 and 117.]

SB146, s. 1 Section 1 . 6.28 (2) (c) of the statutes is amended to read:

SB146,10,9 6.28 (2) (c) The principal of any private high school having or of any tribal school, as defined in s. 115.001 (15m), that operates high school grades that has a substantial number of students residing in a municipality may request the municipal clerk to establish registration dates when a special registration deputy will be present in the high school, or to appoint a special school registration deputy in accordance with par. (b). The clerk shall establish registration dates or appoint a special school registration deputy in the high school if the clerk determines the school to have a substantial number of students residing in the municipality.

Note: Permits a tribal school with high school grades that has a substantial number of students to ask the municipal clerk to conduct voter registration at the high school.

SB146, s. 2 Section 2 . 7.30 (2) (am) of the statutes is amended to read:

SB146,11,15 7.30 (2) (am) Except as otherwise provided in this paragraph, a pupil who is 16 or 17 years of age and who is enrolled in grades 9 to 12 in a public or private school or in a tribal school, as defined in s. 115.001 (15m), may serve as an inspector at the polling place serving the pupil's residence, with the approval of the pupil's parent or guardian. Any pupil who has at least a 3.0 grade point average or the equivalent may serve. In addition, a school board or governing body of a private school or tribal school may establish criteria for service by a pupil who does not have at least a 3.0 grade point average or the equivalent. A pupil may serve as an inspector at a polling place under this paragraph only if at least one election official at the polling place other than the chief inspector is a qualified elector of this state. No pupil may serve as chief inspector at a polling place under this paragraph. Before appointment by any municipality of a pupil as an inspector under this paragraph, the municipal clerk shall obtain written authorization from the pupil's parent or guardian for the pupil to serve for the election for which he or she is appointed. In addition, if a pupil does not have at least a 3.0 grade point average or the equivalent, the municipal clerk shall obtain written certification from the principal of the school where the pupil is enrolled that the pupil meets any criteria established by the school board or governing body for service as an inspector. Upon appointment of a pupil to serve as an inspector, the municipal clerk shall notify the principal of the school where the pupil is enrolled of the name of the pupil and the date of the election at which the pupil has been appointed to serve.

Note: Permits certain tribal school pupils to serve as inspectors at a polling place under certain conditions.

SB146, s. 3 Section 3 . 15.377 (4) (f) of the statutes is amended to read:

SB146,11,18 15.377 (4) (f) Representatives of private schools and, charter schools, and tribal schools, as defined in s. 115.001 (15m).

Note: Provides that representatives of tribal schools may serve on the DPI Council on Special Education.

SB146, s. 4 Section 4 . 15.377 (8) (c) 14. of the statutes is created to read:

SB146,11,22 15.377 (8) (c) 14. One person licensed as a teacher and actively employed in a tribal school, as defined in s. 115.001 (15m), recommended by a federally recognized American Indian tribe or band in this state that has a tribal school.

Note: Current law permits one licensed teacher actively employed in a private school, recommended by the Wisconsin Council of Religious and Independent Schools, to serve on the DPI Professional Standards Council for Teachers. The council currently has 19 members who, with one limited exception, are appointed for three-year terms. With three exceptions, a vacancy in any category is filled by having the entity that is authorized to make a recommendation in that category provide three names to the State Superintendent, who then makes the selection for that category.

This Section increases the number of members to 20 by adding a provision for a licensed teacher employed by a tribal school. The State Superintendent must select this teacher based on the recommendation of a tribe that has a tribal school.

SB146, s. 5 Section 5 . 15.57 (3) of the statutes is amended to read:

SB146,12,3 15.57 (3) One representative of public schools and one representative of private schools or of tribal schools, as defined in s. 115.001 (15m), appointed for 4-year terms.

Note: The Educational Communications Board has 16 members who, with limited exceptions not applicable to this provision, are nominated by the Governor and confirmed by the Senate. This Section permits the Governor to nominate a representative who may represent either a tribal school or private school.

SB146, s. 6 Section 6 . 16.971 (15) of the statutes is amended to read:

SB146,12,7 16.971 (15) Provide private schools and tribal schools, as defined in s. 115.001 (15m), with telecommunications access under s. 16.997 and contract with telecommunications providers to provide that access.

Note: Requires DOA to include tribal schools in the educational telecommunication access program under s. 16.997, stats., which provides access to data lines and video links under certain conditions to certain educational agencies (including private schools) at certain costs. This program is the part of the TEACH program that applies to private schools.

SB146, s. 7 Section 7 . 16.972 (1) (cm) of the statutes is created to read:

SB146,12,10 16.972 (1) (cm) "Qualified tribal school" means a tribal school as defined in s. 115.001 (15m).

SB146, s. 8 Section 8 . 16.972 (2) (b) of the statutes is amended to read:

SB146,13,13 16.972 (2) (b) Except as provided in par. (a), provide such computer services and telecommunications services to local governmental units and the broadcasting corporation and provide such telecommunications services to qualified private schools, tribal schools, postsecondary institutions, museums, and zoos, as the department considers to be appropriate and as the department can efficiently and economically provide. The department may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The department may charge local governmental units, the broadcasting corporation, and qualified private schools, tribal schools, postsecondary institutions, museums, and zoos, for services provided to them under this paragraph in accordance with a methodology determined by the department. Use of telecommunications services by a qualified private school, tribal school, or postsecondary institution shall be subject to the same terms and conditions that apply to a municipality using the same services. The department shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.

SB146, s. 9 Section 9 . 16.974 (2) and (3) of the statutes are amended to read:

SB146,13,20 16.974 (2) Subject to s. 16.972 (2) (b), enter into and enforce an agreement with any agency, any authority, any unit of the federal government, any local governmental unit, or any entity in the private sector , or any tribal school, as defined in s. 115.001 (15m), to provide services authorized to be provided by the department to that agency, authority, unit, or entity, or tribal school at a cost specified in the agreement.

SB146,14,9 (3) Develop or operate and maintain any system or device facilitating Internet or telephone access to information about programs of agencies, authorities, local governmental units, or entities in the private sector, or any tribal schools, as defined in s. 115.001 (15m), or otherwise permitting the transaction of business by agencies, authorities, local governmental units, or entities in the private sector, or tribal schools by means of electronic communication. The department may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of systems or devices relating to information technology or telecommunications that are developed, operated, or maintained under this subsection in accordance with a methodology determined by the department. The department may also charge any agency, authority, local governmental unit, or entity in the private sector , or tribal school for such costs as a component of any services provided by the department to that agency, authority, local governmental unit, or entity, or tribal school.

Note: Sections 7 to 9 permit DOA to provide telecommunications services to tribal schools that DOA considers appropriate and charge for such services. Also see the treatment of s. 20.505 (1) (is), stats., below.

SB146, s. 10 Section 10 . 16.9785 of the statutes is amended to read:

SB146,14,17 16.9785 Purchases of computers by teachers. The department shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in s. 24.60 (1r), by public and, private, and tribal elementary and secondary school teachers for their private use. The department shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.

Note: Includes tribal school teachers in the DOA program to facilitate the purchase of computers by school teachers.

SB146, s. 11 Section 11 . 16.99 (2g) of the statutes is amended to read:

SB146,15,2 16.99 (2g) "Educational agency" means a school district, charter school sponsor, juvenile correctional facility, private school, tribal school, as defined in s. 115.001 (15m), cooperative educational service agency, technical college district, private college, public library system, public library board, public museum, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing.

Note: Includes tribal schools under the educational telecommunications access program which is part of the TEACH program. See s. 16.971 (15), stats., above.

SB146, s. 12 Section 12 . 20.505 (1) (is) of the statutes is amended to read:

SB146,15,9 20.505 (1) (is) Information technology and communications services; nonstate entities. From the sources specified in ss. 16.972 (2) (b) and (c), 16.974 (2) and (3), and 16.997 (2) (d), to provide computer, telecommunications, electronic communications, and supercomputer services to state authorities, units of the federal government, local governmental units, tribal schools, and entities in the private sector, the amounts in the schedule.

Note: Amends the appropriation to DOA for technology and communications services provided to tribal schools to reflect the amendment to ss. 16.972 (2) (b) and 16.974 (2) and (3), stats., above.

SB146, s. 13 Section 13 . 27.01 (7) (c) 10. of the statutes is amended to read:

SB146,16,2 27.01 (7) (c) 10. Any motor vehicle operated for the purpose of transporting pupils to or from curricular or extracurricular activities of a public or private school or, a tribal school as defined in s. 115.001 (15m), or a home-based private educational program under s. 118.15 (4) or for the purpose of transporting students to or from an outdoor academic class given by an accredited college or university in this state. The operator of a motor vehicle transporting pupils or students under this subdivision shall possess and exhibit for inspection a written authorization from an administrator of the school, home-based private educational program, or college or university indicating that admission to the vehicle admission area is part of an official school, home-based private educational program, or college or university function and indicating the date for which the authorization is applicable. A separate authorization is required for each date on which the motor vehicle is admitted to the vehicle admission area under this subdivision.

Note: Exempts a motor vehicle transporting tribal school pupils to a state park or recreational area from the requirement to display a state park admission receipt.

SB146, s. 14 Section 14 . 28.06 (1) of the statutes is amended to read:

SB146,16,8 28.06 (1) Limitation. Only planting stock of species and sizes suitable for forest and woodlot planting and for planting by school pupils, including pupils at a tribal school, as defined in s. 115.001 (15m), to celebrate arbor day under s. 118.025 shall be produced in state forest nurseries. The department may employ labor at prevailing local wages for nursery operation or reforestation.

Note: Current law provides that the state forest nurseries may plant stock suitable for planting by school pupils to celebrate Arbor Day and authorizes distribution of the stock for Arbor Day plantings by school pupils. This Section specifies that tribal school pupils are included.

SB146, s. 15 Section 15 . 29.301 (1) (a) of the statutes is amended to read:

SB146,16,12 29.301 (1) (a) In this subsection, "school" means a public or private elementary or secondary school, including a charter school, a tribal school, as defined in s. 115.001 (15m), or a technical college.

Note: Adds tribal school to the definition of "school" that is used in s. 29.301 (1) (b), stats., which prohibits hunting within 1,700 feet of certain facilities, including a school.

SB146, s. 16 Section 16 . 30.74 (1) (a) of the statutes is amended to read:

SB146,16,20 30.74 (1) (a) The department shall create comprehensive courses on boating safety and operation. These courses shall be offered in cooperation with schools, including tribal schools, as defined in s. 115.001 (15m), private clubs and organizations, and may be offered by the department in areas where requested and where other sponsorship is unavailable. The department shall issue certificates to persons 10 years of age or older successfully completing such courses. The department shall prescribe the course content and the form of the certificate.

Note: Requires the DNR to create boating safety courses and offer them in cooperation with, among others, schools, including tribal schools.

SB146, s. 17 Section 17 . 36.11 (36m) of the statutes is amended to read:

SB146,17,8 36.11 (36m) School safety research. The board shall direct the schools of education and other appropriate research-oriented departments within the system, to work with the technical college system board under s. 38.04 (27), school districts, private schools, tribal schools, as defined in s. 115.001 (15m), and the department of public instruction to present to school districts and , private schools, and tribal schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.

Note: Requires the Board of Regents of the UW System to direct the UW schools of education to work with tribal schools, among others, on researching improving school safety and reducing school discipline problems and to share with tribal schools the results of such research.

SB146, s. 18 Section 18 . 38.001 (3) (a) of the statutes is amended to read:

SB146,17,13 38.001 (3) (a) 1. Contract with secondary schools, including tribal schools, to provide educational opportunities for high school age students in order to enhance their potential for benefiting from postsecondary education and for obtaining employment.

SB146,17,16 2. Coordinate and cooperate with secondary schools, including tribal schools, to facilitate the transition of secondary school students into postsecondary technical college education through curriculum articulation and collaboration.

Note: Provides that the purposes of the technical college system include contracting, coordinating, and cooperating with tribal schools.

SB146, s. 19 Section 19 . 38.01 (9m) of the statutes is created to read:

SB146,17,18 38.01 (9m) "Tribal school" has the meaning given in s. 115.001 (15m).

SB146, s. 20 Section 20 . 38.04 (27) of the statutes is amended to read:

SB146,18,6 38.04 (27) School safety. The board shall work with schools of education and other departments of the University of Wisconsin System under s. 36.11 (36m), school districts, private schools, tribal schools, and the department of public instruction to present to school districts and, private schools, and tribal schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.

Note: Requires the Technical College System Board to additionally work with tribal schools on researching improving school safety and reducing school discipline problems and to share with tribal schools the results of such research.

SB146, s. 21 Section 21 . 38.14 (3) (a) and (bm) of the statutes are amended to read:

SB146,18,10 38.14 (3) (a) The district board may enter into contracts to provide educational services to public and private educational institutions, tribal schools, federal and state agencies, local governmental bodies, industries, and businesses.

SB146,18,13 (bm) The district board may enter into contracts to provide fiscal and management services to public and private educational institutions, tribal schools, federal and state agencies, and local governmental units.

Note: Authorizes a technical college district board to contract with tribal schools, among others, to provide educational services or fiscal and management services.

SB146, s. 22 Section 22 . 39.41 (1) (bm) of the statutes is amended to read:

SB146,18,18 39.41 (1) (bm) "Senior" means a pupil enrolled in the 12th grade in a public or private high school, a tribal school, the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the school operated by the Wisconsin Center for the Blind and Visually Impaired.

SB146, s. 23 Section 23 . 39.41 (1) (br) of the statutes is created to read:

SB146,18,20 39.41 (1) (br) "Tribal school" has the meaning given in s. 115.001 (15m).

SB146, s. 24 Section 24 . 39.41 (1m) (a) (intro.), (b), (c) 4. and 5., (e), (em), (g) and (j) of the statutes are amended to read:

SB146,19,3 39.41 (1m) (a) (intro.) Subject to par. (d), by February 15 of each school year, the school board of each school district operating one or more high schools and the governing body of each private high school and of each tribal high school shall:

SB146,19,9 (b) By February 15 of each school year, the school board of each school district operating one or more high schools and the governing body of each private high school and of each tribal high school may, for each high school with an enrollment of less than 80 pupils, nominate the senior with the highest grade point average in all subjects who may be designated as a scholar by the executive secretary under par. (c) 3.

SB146,19,13 (c) 4. For each public or, private, or tribal high school with an enrollment of at least 80 pupils, notify the school board of the school district operating the public high school or the governing body of the private or tribal high school of the number of scholars to be designated under par. (a).

SB146,19,18 5. For each public or, private, or tribal high school with an enrollment of less than 80 pupils, notify the school board of the school district operating the public high school or the governing body of the private or tribal high school that the school board or governing body may nominate a senior under par. (b) who may be designated as a scholar by the executive secretary.

SB146,20,7 (e) Except as provided under par. (em), if 2 or more seniors from the same high school of less than 80 pupils have the same grade point average and, except for the limitation of one nominated senior, are otherwise eligible for nomination under par. (b), the faculty of the high school shall select the senior who may be nominated by the school board of the school district operating the public high school or the governing body of the private or tribal high school for designation under par. (b) as a scholar by the executive secretary. If that senior is designated as a scholar by the executive secretary and does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), faculty of the high school shall select one or more of the remaining seniors with the same grade point average for certification as a scholar and the school board of the school district operating the high school or the governing body of the private or tribal high school shall certify to the board one or more of these seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.

SB146,20,17 (em) If the high school weights different courses differently to determine a pupil's grade point average, and the senior designated as a scholar by the executive secretary under par. (e) does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), the faculty of the high school shall select one senior with the same grade point average for certification as a scholar, or, if there is no senior with the same grade point average, one senior with the next highest grade point average for certification as a scholar, and the school board of the school district operating the high school or the governing body of the private or tribal high school shall certify to the board the selected senior as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.

SB146,21,2 (g) Notwithstanding par. (a), if a high school of at least 80 pupils closes or merges in the 1991-92 school year or in any school year thereafter, the school board of the school district operating the high school or the governing body of the private or tribal high school shall, subject to par. (d), for each of the 2 school years following the closure or merger, designate the same number of scholars from among the pupils enrolled in the high school at the time of closure or merger as the number of scholars designated for that high school in the school year the high school closed or merged. Any seniors designated under this paragraph shall be eligible for an original scholarship under this section.

SB146,21,7 (j) In the event that 2 or more seniors from the same high school of at least 80 pupils have the same grade point average and are otherwise eligible for designation under par. (a), the school board of the school district operating the high school or the governing body of the private or tribal high school shall make the designation of the faculty of the high school for purposes of par. (d) or (i).

Note: Sections 22 to 24 include seniors at a tribal high school in the Academic Excellence Higher Education Scholarship Program that provides certain seniors with academic scholarships at the UW, technical college, or participating private institutions of higher education.

SB146, s. 25 Section 25 . 45.09 (1) (d) of the statutes is created to read: