118.125(2m)
(2m) Confidentiality of pupil physical health records. 118.125(2m)(a)(a) Except as provided in
par. (b), any pupil record that relates to a pupil's physical health and that is not a pupil physical health record shall be treated as a patient health care record under
ss. 146.81 to
146.84.
118.125(2m)(b)
(b) Any pupil record that concerns the results of a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV shall be treated as provided under
s. 252.15. In this subsection, "HIV" has the meaning given in
s. 252.01 (1m).
118.125(3)
(3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm, optical disk or in electronic format if authorized under
s. 19.21 (4) (c), or in such other form as the school board deems appropriate. A school board shall maintain law enforcement officers' records and other information obtained under
s. 938.396 (1m) separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under
ch. 985.
118.125(4)
(4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility or a secured child caring institution, as defined in
s. 938.02 (15g). In this subsection, "school" and "school district" include any state juvenile correctional facility or secured child caring institution which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.
118.125(5)(a)(a) Except as provided in
par. (b), nothing in this section prohibits the use of a pupil's records in connection with the suspension or expulsion of the pupil or the use of such records by a multidisciplinary team under
ch. 115.
118.125(5)(b)
(b) Law enforcement officers' records and other information obtained under
s. 938.396 (1m) and records of the court assigned to exercise jurisdiction under
chs. 48 and
938 obtained under
s. 938.396 (7) shall not be used as the sole basis for expelling or suspending a pupil.
118.125(6)
(6) Application to existing records. Any records existing on June 9, 1974 need not be revised for the purpose of deleting information from pupil records to comply with this section.
118.125 History
History: 1973 c. 254;
1977 c. 418;
1979 c. 205;
1981 c. 20,
273;
1983 a. 189;
1985 a. 218;
1987 a. 27,
70,
206,
285,
337,
355;
1987 a. 399 s.
491r;
1987 a. 403 ss.
123,
124,
256;
1989 a. 31,
168;
1989 a. 201 s.
36;
1989 a. 336;
1991 a. 39,
189;
1993 a. 27,
172,
334,
377,
385,
399,
450,
491;
1995 a. 27 ss.
3939,
3940,
9126 (19),
9130 (4),
9145 (1);
1995 a. 77,
173,
225,
352.
118.125 Annotation
See note to 19.21, citing 63 Atty. Gen. 272.
118.125 Annotation
Pupil information which local education agencies are required to release to the department of public instruction under the reporting provisions of ch. 89, laws of 1973, may be provided, with or without permission, without violation of the state or federal confidentiality statutes. 65 Atty. Gen. 1.
118.125 Annotation
"Pupil records" are "public records" under 19.32 (2) but are subject to special statutes which limit access and direct maximum and minimum periods of maintenance before destruction.
72 Atty. Gen. 169.
118.125 Annotation
Access to student records in Wisconsin. 1976 WLR 975.
118.126
118.126
Privileged communications. 118.126(1)
(1) A school psychologist, counselor, social worker and nurse, and any teacher or administrator designated by the school board who engages in alcohol or drug abuse program activities, shall keep confidential information received from a pupil that the pupil or another pupil is using or is experiencing problems resulting from the use of alcohol or other drugs unless:
118.126(1)(a)
(a) The pupil using or experiencing problems resulting from the use of alcohol or other drugs consents in writing to disclosure of the information;
118.126(1)(b)
(b) The school psychologist, counselor, social worker, nurse, teacher or administrator has reason to believe that there is serious and imminent danger to the health, safety or life of any person and that disclosure of the information to another person will alleviate the serious and imminent danger. No more information than is required to alleviate the serious and imminent danger may be disclosed; or
118.126(2)
(2) A school psychologist, counselor, social worker or nurse, or any teacher or administrator designated by the school board who engages in alcohol or drug abuse program activities, who in good faith discloses or fails to disclose information under
sub. (1) is immune from civil liability for such acts or omissions. This subsection does not apply to information required to be reported under
s. 48.981.
118.127
118.127
Law enforcement agency information. 118.127(1)(1) Upon receipt of information from a law enforcement agency under
s. 938.396 (1m), the school district administrator shall notify any pupil named in the information, and the parent or guardian of any minor pupil named in the information, of the information.
118.127(2)
(2) A school district shall use information from law enforcement officers' records obtained under
s. 938.396 (1m) (a) for the purpose of providing alcohol and other drug abuse programs for pupils enrolled in the school district. A school district shall not use law enforcement officers' records obtained under
s. 938.396 (1m) (a) as the sole basis for expelling or suspending a pupil.
118.127(2m)
(2m) A school district may disclose information from law enforcement officers' records obtained under
s. 938.396 (1m) (am) relating to a pupil of the school district as provided in
s. 118.125 (2) (d). A school district may disclose information from peace officers' records obtained under
s. 938.396 (1m) (am) relating to a person who is not a pupil of the school district to any person employed by the school district who is required by the department under
s. 115.28 (7) to hold a license and to other school district officials who have been determined by the school board to have legitimate safety interests in that information. A school district shall not use law enforcement officers' records obtained under
s. 938.396 (1m) (am) as the sole basis for expelling or suspending a pupil.
118.127(3)
(3) A school district shall use information from law enforcement officers' records obtained under
s. 938.396 (1m) (b) for legitimate educational purposes, including safety purposes, and for the purpose of providing treatment programs for pupils enrolled in the school district. A school district shall not use law enforcement officers' records obtained under
s. 938.396 (1m) (b) as the sole basis for expelling or suspending a pupil.
118.127 History
History: 1991 a. 39;
1995 a. 77,
173,
352.
118.128
118.128
Information related to pupil harm to others. If a school district determines, based on evidence that a pupil engaged in behavior that seriously physically harmed another individual within the previous 12 months or that a pupil has engaged in a pattern of behavior causing serious physical harm to another individual, that there is reasonable cause to believe that the pupil may engage in behavior at school or while under the supervision of a school authority that is physically harmful to another individual, the school district may provide information concerning the pupil's physically harmful behavior to the pupil's teachers and to any other school district official who has a legitimate educational or safety interest in the information. The information provided under this section shall be limited to information reasonably necessary to meet the educational needs of the pupil and the safety needs of other pupils and school personnel. A teacher or other school district official may not disclose information provided to him or her under this section to any other person.
118.128 History
History: 1993 a. 334.
118.13
118.13
Pupil discrimination prohibited. 118.13(1)
(1) No person may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.
118.13(2)(a)(a) Each school board shall develop written policies and procedures to implement this section and submit them to the department as a part of its 1986 annual report under
s. 120.18. The policies and procedures shall provide for receiving and investigating complaints by residents of the school district regarding possible violations of this section, for making determinations as to whether this section has been violated and for ensuring compliance with this section.
Effective date note
NOTE: Par. (a) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(a) Each school board shall develop written policies and procedures to implement this section and submit them to the state superintendent as a part of its 1986 annual report under s. 120.18. The policies and procedures shall provide for receiving and investigating complaints by residents of the school district regarding possible violations of this section, for making determinations as to whether this section has been violated and for ensuring compliance with this section.
118.13(2)(b)
(b) Any person who receives a negative determination under
par. (a) may appeal the determination to the department.
Effective date note
NOTE: Par. (b) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(b) Any person who receives a negative determination under par. (a) may appeal the determination to the state superintendent.
Effective date note
NOTE: Par. (a) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(a) The state superintendent shall:
118.13(3)(a)1.
1. Decide appeals made to him or her under
sub. (2) (b). Decisions of the department under this subdivision are subject to judicial review under
ch. 227.
Effective date note
NOTE: Subd. 1. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
1. Decide appeals made to him or her under sub. (2) (b). Decisions of the state superintendent under this subdivision are subject to judicial review under ch. 227.
118.13(3)(a)2.
2. Promulgate rules necessary to implement and administer this section.
118.13(3)(a)3.
3. Include in the department's biennial report under
s. 15.04 (1) (d) information on the status of school district compliance with this section and school district progress toward providing reasonable equality of educational opportunity for all pupils in this state.
Effective date note
NOTE: Par. (b) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(b) The state superintendent may:
118.13(3)(b)1.
1. Periodically review school district programs, activities and services to determine whether the school boards are complying with this section.
118.13(3)(b)2.
2. Assist school boards to comply with this section by providing information and technical assistance upon request.
118.13(4)
(4) Any public school official, employe or teacher who intentionally engages in conduct which discriminates against a person or causes a person to be denied rights, benefits or privileges, in violation of
sub. (1), may be required to forfeit not more than $1,000.
118.13 Annotation
An American Indian logo, mascot or nickname used by a public school could be a violation of 118.13, but such use is not a per se violation.
80 Atty. Gen. 321.
118.13 Annotation
Where Columbus, Ohio school board pursued purposefully segregative practices with current, systemwide impact, systemwide remedy was appropriate. Columbus Board of Education v. Penick, 443 US 449 (1979).
118.13 Annotation
Where Dayton, Ohio school system was dual system when Brown I was decided in 1954, measure of school board's post-Brown I conduct under unsatisfied duty to liquidate dual system is effectiveness, not purpose, of actions to desegregate system. Dayton Board of Education v. Brinkman, 443 US 526 (1979).
118.14(1)(a)
(a) No child may be admitted to a 4-year-old kindergarten unless he or she is 4 years old on or before September 1 in the year that he or she proposes to enter school.
118.14(1)(b)
(b) No child may be admitted to a 5-year-old kindergarten unless he or she is 5 years old on or before September 1 in the year he or she proposes to enter school.
118.14(1)(c)
(c) No child may be admitted to the 1st grade unless he or she is 6 years old, on or before September 1 in the year he or she proposes to enter school.
118.14(2)
(2) A resident over 20 years of age may be admitted to school when in the judgment of the school board the resident will not interfere with the pupils of school age.
118.145
118.145
Admission to high school. 118.145(1)
(1) The school board of a district operating high school grades shall determine, with the advice and consent of the department, the minimum standards for admission to high school.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) The school board of a district operating high school grades shall determine, with the advice and consent of the state superintendent, the minimum standards for admission to high school.
118.145(2)
(2) A certificate or diploma or other written evidence issued by a school board showing that the pupil has completed the course of study in the elementary grades of the school district in which the pupil resides shall entitle the pupil to admission to high school. Such certificate or diploma or a certified copy thereof or a certified copy of a list of graduates shall be filed with the school district clerk of the school district operating the high school.
118.145(3)
(3) If the superintendent of a private school files with the department the course of study for elementary grades prescribed by such school and if such course of study is substantially equivalent to the course of study prepared for elementary grades by the department, a certificate or diploma or other written evidence issued by the superintendent of the private school showing that the pupil has completed such course of study shall entitle the pupil to admission to a public high school. The certificate or diploma or a certified copy thereof or a certified copy of a list of graduates shall be filed with the school district clerk of the school district operating the high school.
118.145 History
History: 1975 c. 39,
199;
1995 a. 27 s.
9145 (1).
118.15
118.15
Compulsory school attendance. 118.15(1)(a)(a) Except as provided under
pars. (b) to
(d) and
sub. (4), unless the child is excused under
sub. (3) or has graduated from high school, any person having under control a child who is between the ages of 6 and 18 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 years of age.
118.15(1)(b)
(b) Upon the child's request of the school board and with the written approval of the child's parent or guardian, any child who is 16 years of age or over and a child at risk, as defined in
s. 118.153 (1) (a), may attend, in lieu of high school or on a part-time basis, a technical college if the child and his or her parent or guardian agree, in writing, that the child will participate in a program leading to the child's high school graduation. The district board of the technical college district in which the child resides shall admit the child. Every technical college district board shall offer day class programs satisfactory to meet the requirements of this paragraph and
s. 118.33 (3m) as a condition to the receipt of any state aid.
118.15(1)(c)1.1. Upon the child's request and with the written approval of the child's parent or guardian, any child who is 16 years of age may be excused by the school board from regular school attendance if the child and his or her parent or guardian agree, in writing, that the child will participate in a program or curriculum modification under
par. (d) leading to the child's high school graduation.
118.15(1)(c)2.
2. Upon the child's request and with the written approval of the child's parent or guardian, any child who is 17 years of age or over may be excused by the school board from regular school attendance if the child and his or her parent or guardian agree, in writing, that the child will participate in a program or curriculum modification under
par. (d) leading to the child's high school graduation or leading to a high school equivalency diploma under
s. 115.29 (4).
118.15(1)(c)3.
3. Prior to a child's admission to a program leading to the child's high school graduation or a high school equivalency program under
par. (b) or
subd. 1. or
2., the child, his or her parent or guardian, the school board and a representative of the high school equivalency program or program leading to the child's high school graduation shall enter into a written agreement. The written agreement shall state the services to be provided, the time period needed to complete the high school equivalency program or program leading to the child's high school graduation and how the performance of the pupil will be monitored. The agreement shall be monitored by the school board on a regular basis, but in no case shall the agreement be monitored less frequently than once per semester. If the school board determines that a child is not complying with the agreement, the school board shall notify the child, his or her parent or guardian and the high school equivalency program or program leading to the child's high school graduation that the agreement may be modified or suspended in 30 days.
118.15(1)(cm)1.1. Upon the child's request and with the approval of the child's parent or guardian, any child who is 17 years of age or over shall be excused by the school board from regular school attendance if the child began a program leading to a high school equivalency diploma in a secured correctional facility, as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g), and the child and his or her parent or guardian agree under
subd. 2. that the child will continue to participate in such a program.
118.15(1)(cm)2.
2. Prior to the admission of a child under
subd. 1. to a program leading to a high school equivalency diploma, the child, his or her parent or guardian, the school board and a representative of the agency providing the program shall enter into a written agreement. The agreement shall specify that the child is excused from regular school attendance while he or she is enrolled in the program and making progress toward completion of the program, or successfully completes the program. If the agency providing the program determines that the child is not making progress toward completion of the program, the agency shall notify the child and his or her parent or guardian that the agreement may be suspended within 30 days. If the agency suspends the agreement, the agency shall notify the child, his or her parent or guardian and the school board.
118.15(1)(cm)3.
3. If the program that the child wishes to attend is provided by a technical college district, the technical college district board shall admit the child.
118.15(1)(cm)4.
4. A child attending a program under this paragraph shall not be included in membership, as defined in
s. 121.004 (5).
118.15(1)(cm)5.
5. The department shall grant a high school equivalency diploma to a child under this paragraph who completes the general educational development test with a passing score, as determined by the department, and completes the additional requirements determined by the department under
s. 115.29 (4).
Effective date note
NOTE: Subd. 5. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
5. The state superintendent shall grant a high school equivalency diploma to a child under this paragraph who completes the general educational development test with a passing score, as determined by the state superintendent, and completes the additional requirements determined by the state superintendent under s. 115.29 (4).
118.15(1)(d)
(d) Any child's parent or guardian, or the child if the parent or guardian is notified, may request the school board, in writing, to provide the child with program or curriculum modifications, including but not limited to:
118.15(1)(d)1.
1. Modifications within the child's current academic program.
