SB315: Bill Text

LRB-3536/1

TKK:jld:rs

2011 - 2012 LEGISLATURE

2011 Senate BILL 315

December 1, 2011 - Introduced by Senator Olsen, cosponsored by Representative Kestell. Referred to Committee on Education.

SB315,1,3 An Act to amend 118.127 and 938.396 (2g) (m) 6. of the statutes; relating to: use of law enforcement or juvenile court records to take disciplinary action against a pupil under a school district's athletic code.

Analysis by the Legislative Reference Bureau

Under current law, law enforcement and juvenile court records obtained by and relating to the conduct of a pupil of a school district may not be used as the sole basis for expelling or suspending the pupil or as the sole basis for taking any other disciplinary action against the pupil, including action under the school district's athletic code. 2011 Senate Bill 95 (SB-95), which has passed in both the senate and assembly but, as of November 29, 2011, had not been signed by the governor, permits a school district to use law enforcement records as the sole basis for taking action against a pupil under the district's athletic code, but did not make that change to all provisions of current law governing the use of a pupil's law enforcement or juvenile court records. This bill extends the change made under SB-95 to the other provisions in current law governing the use by a school district of a pupil's law enforcement and juvenile court records for disciplinary purposes.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB315, s. 1 Section 1. 118.127 of the statutes is amended to read:

SB315,2,20 118.127 Law enforcement agency information. A school district, private school, or tribal school may disclose information from law enforcement officers' records obtained under s. 938.396 (1) (c) 3. 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, 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, private school, or tribal school, the school district, private school, or tribal school may also disclose that information to those employees of the school district, 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, private school, or tribal school. A school district may not use law enforcement officers' records obtained under s. 938.396 (1) (c) 3. as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action, including against a pupil, but may use law enforcement officers' records obtained under s. 938.396 (1) (c) 3. as the sole basis for taking action against a pupil under the school district's athletic code, against a pupil.

SB315, s. 2 Section 2. 938.396 (2g) (m) 6. of the statutes is amended to read:

SB315,4,4 938.396 (2g) (m) 6. Except as required under subds. 1. to 5. or by order of the court, no information from the juvenile's court records may be disclosed to the school board of the school district, the governing body of the private school, or the governing body of the tribal school in which the juvenile is enrolled or the designee of the school board or governing body. Any information from a juvenile's court records provided to the school board of the school district or the governing body of the private school in which the juvenile is enrolled or the designee of the school board or governing body shall be disclosed by the school board, governing body, or designee to employees of the school district or private school who work directly with the juvenile or who have been determined by the school board, governing body, or designee to have legitimate educational interests, including safety interests, in the information. A school district or private school employee to whom that information is disclosed may not further disclose the information. If information is disclosed to the governing body of a tribal school under this subdivision, the court shall request that the governing body of the tribal school or its designee disclose the information to employees who work directly with the juvenile or who have been determined by the governing body or its designee to have legitimate educational interests, including safety interests, in the information, and shall further request that the governing body prohibit any employee to whom information is disclosed under this subdivision from further disclosing the information. A school board may not use any information from a juvenile's court records as the sole basis for expelling or suspending a juvenile or as the sole basis for taking any other disciplinary action, including against a juvenile, but may use information from a juvenile's court records as the sole basis for taking action against a juvenile under the school district's athletic code, against the juvenile. A member of a school board or of the governing body of a private school or tribal school or an employee of a school district, private school, or tribal school may not be held personally liable for any damages caused by the nondisclosure of any information specified in this subdivision unless the member or employee acted with actual malice in failing to disclose the information. A school district, private school, or tribal school may not be held liable for any damages caused by the nondisclosure of any information specified in this subdivision unless the school district, private school, or tribal school or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.

SB315,4,5 (End)