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.
118.15(1)(d)3.
3. Enrollment in any alternative public school or program located in the school district in which the child resides.
118.15(1)(d)4.
4. Enrollment in any nonsectarian private school or program, located in the school district in which the child resides, which complies with the requirements of
42 USC 2000d. Enrollment of a child under this subdivision shall be pursuant to a contractual agreement which provides for the payment of the child's tuition by the school district.
118.15(1)(d)5.
5. Homebound study, including nonsectarian correspondence courses or other courses of study approved by the school board or nonsectarian tutoring provided by the school in which the child is enrolled.
118.15(1)(d)6.
6. Enrollment in any public educational program located outside the school district in which the child resides. Enrollment of a child under this subdivision may be pursuant to a contractual agreement between school districts.
118.15(1)(dm)
(dm) The school board shall render its decision, in writing, within 90 days of a request under
par. (d), except that if the request relates to a child who has been examined by a multidisciplinary team under
s. 115.80 and has not been recommended for special education, the school board shall render its decision within 30 days of the request. If the school board denies the request, the school board shall give its reasons for the denial.
118.15(1)(e)
(e) Any decision made by a school board or a designee of the school board in response to a request for program or curriculum modifications under
par. (d) shall be reviewed by the school board upon request of the child's parent or guardian. The school board shall render its determination upon review in writing, if the child's parent or guardian so requests.
118.15(1)(f)
(f) At the beginning of each school term, the school board shall notify the pupils enrolled in the school district and their parents or guardians of the substance of
pars. (d),
(dm) and
(e).
118.15(2)(a)(a) If the determination is made under
sub. (1) (b) for a child to attend a technical college, the district board governing the technical college shall establish appropriate vocational and technical courses in accordance with
s. 118.33 (3m) and the school board shall pay the technical college district board an amount calculated as follows:
118.15(2)(a)1.
1. Divide the number of credit hours of instruction scheduled by the technical college district for the pupil by 30.
118.15(2)(a)2.
2. Multiply the quotient under
subd. 1. by the statewide average instructional cost for general education programs in the technical college system in the previous school year, as determined by the technical college system board.
118.15(2)(a)3.
3. Multiply the quotient under
subd. 1. by any additional costs associated with direct student support services, as determined jointly by the department and the state director of the technical college system.
Effective date note
NOTE: Subd. 3. 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
3. Multiply the quotient under subd. 1. by any additional costs associated with direct student support services, as determined jointly by the state superintendent and the state director of the technical college system.
118.15(2)(c)
(c) Pupils attending a technical college under this subsection may receive general education subjects at the technical college and shall be counted as pupils enrolled in the high school for all purposes including computing state aid for the school district. Payments by the school district under
par. (a) shall be deemed costs of operation and maintenance.
118.15(2)(d)
(d) Transportation, or board and lodging under
s. 121.57 (1) (a), for pupils attending a technical college under this subsection shall be provided by the school district, and state aids shall be paid therefor, on the same basis as is transportation for pupils attending high school.
