AB693: Bill Text

AB693,10 Section 10 . 118.1255 of the statutes is created to read:

AB693,8,21 118.1255 Maintenance of records by a private school. (1) In this section:

AB693,8,22 (a) “Behavioral records” has the meaning given in s. 118.125 (1) (a).

AB693,8,23 (b) “Progress records” has the meaning given in s. 118.125 (1) (c).

AB693,9,7 (2) (a) Subject to ss. 118.60 (7) (b) 4., 4m., 7., and 7m. and 119.23 (7) (b) 4., 4m., 7., and 7m., and except as provided in par. (b), if the governing body of a private school has adopted a policy governing the maintenance of progress records of a pupil who attends the private school, the governing body shall maintain behavioral records of a pupil for the same duration of time that the governing body is required by that policy to maintain the progress records of the pupil. A private school official who maintains behavioral records under this subsection shall keep the information in those records confidential in the same manner as is required of a public school official under s. 118.125.

AB693,9,9 (b) The governing body of a private school is not required to maintain the behavioral records for a pupil once the pupil has graduated from the private school.

AB693,11 Section 11. 118.127 of the statutes is amended to read:

AB693,9,25 118.127 Law enforcement agency information. A school district, charter school established under s. 118.40 (2r) or (2x), private school, or tribal school may disclose information from law enforcement officers' records obtained under s. 938.396 (1) (c) 3. and (cm) 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, to persons employed by the charter school as instructional staff, and to other school district, private school, charter school, or tribal school officials who have been determined by the school board, governing board of the charter school, 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, charter school, private school, or tribal school, the school district, charter school, private school, or tribal school may also disclose that information to those employees of the school district, charter school, private school, or tribal school who have been designated by the school board, governing board of the charter school, 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, charter school, private school, or tribal school. A school district may not use law enforcement officers' records obtained under s. 938.396 (1) (c) 3. or (cm) as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action against a pupil, but may use law enforcement officers' records obtained under s. 938.396 (1) (c) 3. or (cm) as the sole basis for taking action against a pupil under the school district's athletic code.

AB693,12 Section 12. 118.129 of the statutes is created to read:

AB693,10,11 118.129 Report to law enforcement agency; notice of violent pupil offenders. (1) In this section:

AB693,10,12 (a) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b).

AB693,10,16 (b) “Physical assault” means the knowing or intentional touching of another person, by the use of any body part or object, with the intent to cause physical harm. “Physical assault” does not include the reasonable and necessary use of force for the purpose of self-defense or the defense of others under s. 939.48.

AB693,10,17 (c) “Violent crime” has the meaning given in s. 939.632 (1) (e).

AB693,10,24 (2) The principal or administrator of a public school, including a charter school, or of a private school shall, if requested by an adult who witnessed the incident or a victim of the incident, within 24 hours after being informed about the incident, notify a law enforcement agency of an incident involving a physical assault of or violent crime towards a person by a pupil that takes place on school premises or at or in transit to a school-sponsored activity. The principal or administrator shall include a brief summary of the incident in the pupil's records.

AB693,11,6 (3) The school board of a school district, the governing board of a charter school, and the governing body of a private school shall notify a teacher who is working directly, in the current school year, with a pupil who is the subject of a record received, in the current school year, by the school board, charter school, or private school pursuant to s. 938.396 (1) (cm) of the contents of that record as soon as practicable and, if possible, before the pupil next attends the teacher's class.

AB693,13 Section 13. 118.164 (3) (a) 4. of the statutes is renumbered 118.164 (3) (am) (intro.) and amended to read:

AB693,11,13 118.164 (3) (am) (intro.) The school principal or his or her designee may return the pupil to the class from which the pupil was removed if, after weighing the interests of the removed pupil, the other pupils in the class, and the teacher, the school principal or his or her designee determines that readmission to the class is the best or only alternative. and if any of the following applies:

AB693,14 Section 14. 118.164 (3) (am) 1. of the statutes is created to read:

AB693,11,16 118.164 (3) (am) 1. The pupil has remained out of the teacher's classroom for one school day following the day on which the pupil was removed from the classroom.

AB693,15 Section 15. 118.164 (3) (am) 2. of the statutes is created to read:

AB693,11,20 118.164 (3) (am) 2. The teacher of the pupil, together with the school principal or his or her designee, has met with the pupil regarding the pupil's conduct and the teacher has agreed for the pupil to be readmitted to the class.

AB693,16 Section 16. 118.164 (3) (am) 3. of the statutes is created to read:

AB693,11,23 118.164 (3) (am) 3. The teacher has voluntarily waived his or her right to the conditions for return to the classroom under subds. 1. and 2.

AB693,17 Section 17. 118.21 (1) of the statutes is renumbered 118.21 (1) (a) and amended to read:

AB693,12,7 118.21 (1) (a) The school board shall contract in writing with qualified teachers. The school board shall file a contract, with a copy of the teacher's authority to teach attached, shall be filed with the school district clerk. Such contract, in addition to fixing the teacher's wage, may provide for compensating the teacher for necessary travel expense. A teaching contract with any person not legally authorized to teach the named subject or at the named school shall be void. All teaching contracts shall terminate if, and when, the authority to teach terminates.

AB693,18 Section 18. 118.21 (1) (b) of the statutes is created to read:

AB693,12,20 118.21 (1) (b) Beginning on the effective date of this paragraph .... [LRB inserts date], the school board shall include in each contract under this section a provision authorizing the teacher to terminate his or her contract without penalty, including the penalty of the payment of liquidated damages, if the teacher is the victim of a physical assault, as defined in s. 118.129 (1) (b), or of a violent crime, as defined in s. 939.632 (1) (e), while the teacher is on school premises, at or in transit to a school-sponsored activity, or otherwise engaged in official duties on behalf of the school district. The provision required under this paragraph shall specify that a teacher may terminate his or her contract as provided under this section only if the teacher provides the school board with a law enforcement report documenting the physical assault or violent crime within 2 months of the incident covered in the report.

AB693,19 Section 19. 118.40 (4) (ar) 3. of the statutes is created to read:

AB693,13,18 118.40 (4) (ar) 3. Ensure that a charter school employee or teacher who is injured as a result of physical assault, as defined in s. 118.129 (1) (b), or of a violent crime, as defined in s. 939.632 (1) (e), upon the person of the employee or teacher while the employee or teacher is in the performance of any duties as a charter school employee or teacher is provided with a reasonable paid leave of absence from employment with the governing board without a loss of leave benefits. Where inpatient care involving an overnight stay is required, a reasonable paid leave of absence is the longer of one workweek or the duration of the employee's or teacher's inpatient care. Where inpatient care involving an overnight stay is not required but medical treatment is needed, a reasonable paid leave of absence is the duration of time necessary to receive medical treatment or, if a health care provider certifies in writing that the employee or teacher is unable to return to work due to the injury, the duration of time specified by the health care provider. The governing board is entitled to the right of subrogation for reimbursement to the extent that an employee or teacher who sustains injuries while the employee or teacher is in the performance of his or her duties may recover the reimbursed items in an action or claim in tort against any 3rd party. A repayment made under this subdivision shall be limited to the total sum credited to the injured employee or teacher as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of the 3rd party. The governing board shall designate an employee to provide assistance to the charter school employee or teacher with insurance and benefits questions related to a leave of absence taken under this subdivision.

AB693,20 Section 20 . 118.60 (1) (ae) of the statutes is created to read:

AB693,13,20 118.60 (1) (ae) “Behavioral records” has the meaning given in s. 118.125 (1) (a).

AB693,21 Section 21 . 118.60 (7) (b) 4m. of the statutes is created to read:

AB693,13,25 118.60 (7) (b) 4m. a. Except as provided in subd. 4m. b., maintain behavioral records for each pupil attending the private school under this section while the pupil attends the school under the program under this section and until the pupil has graduated from high school.

AB693,14,6 b. Maintain behavioral records of a pupil until the pupil has attained the age of 21 if all of the following apply: the pupil was enrolled in but is not currently enrolled in the private school under this section; the pupil has not graduated from the private school; neither the pupil nor the pupil's parent or guardian nor a school or school district nor a court has submitted to the governing body of the private school the written notice described in s. 118.125 (4).

AB693,14,9 c. A private school official who maintains behavioral records under this subdivision shall keep the information in those records confidential in the same manner as is required of a public school official under s. 118.125.

AB693,22 Section 22 . 118.60 (7) (b) 5m. of the statutes is created to read:

AB693,14,14 118.60 (7) (b) 5m. An adult pupil or the parent or guardian of a minor pupil shall, upon request, be shown, in the presence of a person qualified to explain and interpret the records, the pupil's behavioral records. Such pupil or parent or guardian shall, upon request, be provided with a copy of the behavioral records.

AB693,23 Section 23 . 118.60 (7) (b) 7. b. of the statutes is amended to read:

AB693,15,3 118.60 (7) (b) 7. b. If the private school is affiliated with an organization that will maintain the progress records of each pupil who attended the school under this section for at least 5 years after the private school ceases operation as a private school, the private school may transfer a pupil's progress records to the organization if the pupil, or the parent or guardian of a minor pupil, consents in writing to the release of the progress records to the affiliated organization. The private school shall send to the department a copy of the consent form for each pupil who consents to the transfer of progress records under this subd. 7. b. The written notice shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall include the name, phone number, mailing address, and other relevant contact information of the organization that will maintain the progress records, and a declaration by the affiliated organization that the organization agrees to maintain the progress records for at least 5 years after the private school ceases operation as a private school.

AB693,24 Section 24. 118.60 (7) (b) 7m. of the statutes is created to read:

AB693,15,10 118.60 (7) (b) 7m. If the private school ceases operating as a private school, immediately transfer all of the behavioral records of each pupil who attended the school under this section to the school board of the school district within which the pupil resides. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of behavioral records under this subdivision.

AB693,25 Section 25 . 119.16 (16) of the statutes is created to read:

AB693,15,23 119.16 (16) Teacher employment contracts. Beginning on the effective date of this subsection .... [LRB inserts date], the board shall include in any employment contract with a teacher a provision authorizing the teacher to terminate his or her contract without penalty, including the penalty of the payment of liquidated damages, if the teacher is a victim of a physical assault, as defined in s. 118.129 (1) (b), or of a violent crime, as defined in s. 939.632 (1) (e), while the teacher is on school premises, at or in transit to a school-sponsored activity, or otherwise engaged in official duties on behalf of the school district. The provision required under this subsection shall specify that a teacher may terminate his or her contract as provided under this subsection only if the teacher provides the school board with a law enforcement report documenting the physical assault or violent crime within 2 months of the incident covered in the report.

AB693,26 Section 26 . 119.23 (1) (aem) of the statutes is created to read:

AB693,16,2 119.23 (1) (aem) “Behavioral records” has the meaning given in s. 118.125 (1) (a).

AB693,27 Section 27 . 119.23 (7) (b) 4m. of the statutes is created to read:

AB693,16,7 119.23 (7) (b) 4m. a. Except as provided in subd. 4m. b., maintain behavioral records for each pupil attending the private school under this section while the pupil attends the school under the program under this section and until the pupil has graduated from high school.

AB693,16,13 b. Maintain behavioral records of a pupil until the pupil has attained the age of 21 if all of the following apply: the pupil was enrolled in but is not currently enrolled in the private school under this section; the pupil has not graduated from the private school; neither the pupil nor the pupil's parent or guardian nor a school or school district nor a court has submitted to the governing body of the private school the written notice described in s. 118.125 (4).

AB693,16,16 c. A private school official who maintains behavioral records under this subdivision shall keep the information in those records confidential in the same manner as is required of a public school official under s. 118.125.

AB693,28 Section 28 . 119.23 (7) (b) 5m. of the statutes is created to read:

AB693,16,21 119.23 (7) (b) 5m. An adult pupil or the parent or guardian of a minor pupil shall, upon request, be shown, in the presence of a person qualified to explain and interpret the records, the pupil's behavioral records. Such pupil or parent or guardian shall, upon request, be provided with a copy of the behavioral records.

AB693,29 Section 29 . 119.23 (7) (b) 7. b. of the statutes is amended to read:

AB693,17,10 119.23 (7) (b) 7. b. If the private school is affiliated with an organization that will maintain the progress records of each pupil who attended the school under this section for at least 5 years after the private school ceases operation as a private school, the private school may transfer a pupil's progress records to the organization if the pupil, or the parent or guardian of a minor pupil, consents in writing to the release of the progress records to the affiliated organization. The private school shall send to the department a copy of the consent form for each pupil who consents to the transfer of progress records under this subd. 7. b. The written notice shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall include the name, phone number, mailing address, and other relevant contact information of the organization that will maintain the progress records, and a declaration by the affiliated organization that the organization agrees to maintain the progress records for at least 5 years after the private school ceases operation as a private school.

AB693,30 Section 30 . 119.23 (7) (b) 7m. of the statutes is created to read:

AB693,17,17 119.23 (7) (b) 7m. If the private school ceases operating as a private school, immediately transfer all of the behavioral records of each pupil who attended the school under this section to the school board of the school district within which the pupil resides. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of behavioral records under this subdivision.

AB693,31 Section 31. 120.12 (24m) of the statutes is created to read:

AB693,18,16 120.12 (24m) Assistance and leave benefits for victims of physical assault. Ensure that a school district employee or teacher who is injured as a result of physical assault, as defined in s. 118.129 (1) (b), or of a violent crime, as defined in s. 939.632 (1) (e), upon the person of the employee or teacher while the employee or teacher is in the performance of any duties as a school district employee or teacher is provided with a reasonable paid leave of absence from employment with the school district without a loss of leave benefits. Where inpatient care involving an overnight stay is required, a reasonable paid leave of absence is the longer of one workweek or the duration of the employee's or teacher's inpatient care. Where inpatient care involving an overnight stay is not required but medical treatment is needed, a reasonable paid leave of absence is the duration of time necessary to receive medical treatment or, if a health care provider certifies in writing that the employee or teacher is unable to return to work due to the injury, the duration of time specified by the health care provider. The school board is entitled to the right of subrogation for reimbursement to the extent that an employee or teacher who sustains injuries while the employee or teacher is in the performance of his or her duties may recover the reimbursed items in an action or claim in tort against any 3rd party. A repayment made under this subsection shall be limited to the total sum credited to the injured employee or teacher as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of the 3rd party. The school board shall designate a school district employee to provide assistance to the school district employee or teacher with insurance and benefits questions related to a leave of absence taken under this subsection.

AB693,32 Section 32 . 120.12 (29) of the statutes is created to read:

AB693,18,19 120.12 (29) Notice of teacher protections. Provide to each teacher employed by the school board the summary described in s. 115.28 (54t).

AB693,33 Section 33. 120.13 (1) (a) 5. of the statutes is created to read:

AB693,19,24 120.13 (1) (a) 5. A procedure under which a teacher may submit a request, in writing, to the president of the school board to request that the school board schedule a suspension hearing before the school board or, if applicable, under par. (e) 3. or s. 119.25 (2) (b) before an independent hearing panel or independent hearing officer appointed by the school board under par. (e) 1. or s. 119.25 (1). The procedure under this subdivision may be used by a teacher only if the teacher has made a request in writing that a pupil be suspended under par. (b) 2. and the teacher's request has been denied by the school district administrator, principal, or teacher designated by the school district administrator to make the determination under par. (b) 2. Notwithstanding par. (b) 4., the school board shall include in the procedure required under this subdivision a requirement that the school district administrator, principal, or teacher designated by the school district administrator shall approve or deny the suspension request within 24 hours. The school board shall also include in the procedure required under this subdivision a requirement that, if the school district administrator, principal, or teacher designated by the school district administrator denies the request for a suspension, the school board president or, if the president is not available, the vice president of the school board, shall approve or deny the teacher's request to schedule a suspension hearing within 24 hours. The school board shall also include in the procedure required under this subdivision a requirement that, if the school board president agrees to schedule a suspension hearing as requested, the school board may either schedule the suspension hearing at the next regularly scheduled meeting or at a special meeting called for that purpose. The school board shall comply with the provisions under par. (b) 3. and shall, upon the request of the pupil or the pupil's parent or guardian, conduct the suspension hearing in a closed session. If a suspension hearing is held under the procedure established under this subdivision, the school board may suspend a pupil, including through an in-school suspension, for any of the reasons under par. (b) 2. If a school board suspends a pupil following a suspension hearing held under the procedure under this subdivision, the suspension may not exceed 5 school days.

AB693,34 Section 34 . 120.13 (1) (b) 2. (intro.) of the statutes is amended to read:

AB693,20,6 120.13 (1) (b) 2. (intro.) The school district administrator or any principal or teacher designated by the school district administrator may suspend a pupil, including through an in-school suspension, for not more than 5 school days or, if a notice of expulsion hearing has been sent under par. (c) 4. or (e) 4. or s. 119.25 (2) (c), for not more than a total of 15 consecutive school days for any of the following reasons:

AB693,35 Section 35 . 120.13 (1) (b) 4. of the statutes is amended to read:

AB693,20,19 120.13 (1) (b) 4. The suspended pupil or the pupil's parent or guardian may, within 5 school days following the commencement of the suspension, have a conference with the school district administrator or his or her designee who shall be someone other than a principal, administrator or teacher in the suspended pupil's school. If the school district administrator or his or her designee finds that the pupil was suspended unfairly or unjustly, or that the suspension was inappropriate, given the nature of the alleged offense, or that the pupil suffered undue consequences or penalties as a result of the suspension, reference to the suspension on the pupil's school record shall be expunged. The administrator, or the administrator's designee, shall make a finding within 15 days of the conference. This subdivision does not apply to a pupil suspended by a school board under the procedure established under par. (a) 5.

AB693,36 Section 36 . 938.396 (1) (a) of the statutes is amended to read:

AB693,20,24 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles shall be kept separate from records of adults. Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed except under par. (b) or, (c), or (cm), sub. (1j), (2m) (c) 1p., or (10), or s. 938.293 or by order of the court.

AB693,37 Section 37 . 938.396 (1) (c) 3. (intro.) of the statutes is amended to read:

AB693,21,16 938.396 (1) (c) 3. (intro.) At the request of a school district administrator, administrator of a charter school established under s. 118.40 (2r) or (2x), administrator of a private school, or administrator of a tribal school, or designee of a school district administrator, charter school administrator, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, charter school administrator, private school administrator, or, provided the official agency policy specifies that the information may not be provided to an administrator of a tribal school or a tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided in s. 118.127, tribal school administrator or designee, for use as provided in s. 118.127, any information in its records relating to any of the following if the official agency policy specifies that the information may not be provided to an administrator of a tribal school or a tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided in s. 118.127:

AB693,38 Section 38 . 938.396 (1) (c) 3. a. of the statutes is amended to read:

AB693,21,20 938.396 (1) (c) 3. a. The use, possession, or distribution of alcohol or a controlled substance or controlled substance analog by a juvenile enrolled in the public school district, charter school, private school, or tribal school.

AB693,39 Section 39 . 938.396 (1) (c) 3. c. of the statutes is amended to read:

AB693,21,25 938.396 (1) (c) 3. c. An act for which a juvenile enrolled in the school district, charter school, private school, or tribal school was taken into custody under s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed a violation of any state or federal criminal law.

AB693,40 Section 40. 938.396 (1) (c) 3. d. of the statutes is amended to read:

AB693,22,3 938.396 (1) (c) 3. d. An act for which a juvenile enrolled in the public school district, charter school, private school, or tribal school was adjudged delinquent.

AB693,41 Section 41 . 938.396 (1) (c) 4. of the statutes is amended to read:

AB693,22,11 938.396 (1) (c) 4. A law enforcement agency may enter into an interagency agreement with a school board, the governing board of a charter school established under s. 118.40 (2r) or (2x), the governing body of a private school, a tribal school, a social welfare agency, or another law enforcement agency providing for the routine disclosure of information under subs. (1) pars. (b) 2. and 2m. and (c) 3. to the school board, private school governing board, governing body, tribal school, social welfare agency, or other law enforcement agency.

AB693,42 Section 42. 938.396 (1) (cm) of the statutes is created to read:

AB693,22,24 938.396 (1) (cm) Duty to disclose. 1. Notwithstanding par. (a) and subject to subd. 2., a law enforcement agency shall, following the act and within 24 hours after ascertaining the public school, charter school, or private school the pupil attends, provide to the administrator of a school district, the administrator of a charter school established under s. 118.40 (2r) or (2x), or the administrator of a private school, as defined in s. 115.001 (3r), for use as provided in s. 118.127, any information in its records relating to an act for which a pupil enrolled in the school district, charter school, or private school was taken into custody based on a law enforcement officer's belief that the pupil was committing or had committed a felony or a misdemeanor under s. 939.632 (1) (e) 3. The law enforcement agency shall make a reasonable effort to ascertain the public school, charter school, or private school attended by the pupil taken into custody as described in this subdivision.

AB693,23,3 2. a. Except as provided in subd. 2. b., a law enforcement agency is not required to provide the information required under subd. 1. if providing the information would jeopardize an ongoing investigation.

AB693,23,6 b. The exception provided in subd. 2. a. does not apply if failure to provide the information required under subd. 1. would place a person or property in imminent danger of harm.

AB693,43 Section 43 . 938.396 (1) (d) of the statutes is amended to read:

AB693,23,22 938.396 (1) (d) Law enforcement access to school records. On petition of a law enforcement agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without a court order under s. 118.125 (2) or (2m), for the purpose of pursuing an investigation of any alleged delinquent or criminal activity or on petition of a fire investigator under s. 165.55 (15) to review those pupil records for the purpose of pursuing an investigation under s. 165.55 (15), the court may order the school board of the school district, the governing board of the charter school established under s. 118.40 (2r) or (2x), or the governing body of the private school, in which a juvenile is enrolled to disclose to the law enforcement agency or fire investigator the pupil records of that juvenile as necessary for the law enforcement agency or fire investigator to pursue the investigation. The law enforcement agency or fire investigator may use the pupil records only for the purpose of the investigation and may make the pupil records available only to employees of the law enforcement agency or fire investigator who are working on the investigation.

AB693,23,23 (End)