118.245 History
History: 1993 a. 16;
1995 a. 27.
118.25
118.25
Health examinations. 118.25(1)(1) In this section "school employe" means a person employed by a school board who comes in contact with children or who handles or prepares food for children while they are under the supervision of school authorities.
118.25(2)(a)(a) As a condition of employment, the school board, except in 1st class cities, shall require a physical examination, including a chest X-ray or tuberculin test, of every school employe of the school district. Freedom from tuberculosis in a communicable form is a condition of employment. In the case of a new school employe, the school board may permit the school employe to submit proof of an examination, chest X-ray or tuberculin test complying with this section which was taken within the past 90 days in lieu of requiring such examination, X-ray or test. If the reaction to the tuberculin test is positive, a chest X-ray shall be required. Additional physical examinations shall be required thereafter at intervals determined by the school board. The school employe shall be examined by a physician in the employ of or under contract with the school district, but if a physician is not employed or under contract, the examination shall be made by a physician selected by the school employe.
118.25(2)(b)
(b) Such physical examinations, chest X-rays or tuberculin tests shall not be required of any school employe who files with the school board an affidavit setting forth that the employe depends exclusively upon prayer or spiritual means for healing in accordance with the teachings of a bona fide religious sect, denomination or organization and that the employe is to the best of the employe's knowledge and belief in good health and that the employe claims exemption from health examination on these grounds. Notwithstanding the filing of such affidavit, if there is reasonable cause to believe that such employe is suffering from an illness detrimental to the health of the pupils, the school board may require a health examination of such school employe sufficient to indicate whether or not such school employe is suffering from such an illness. No school employe may be discriminated against by reason of the employe's filing such affidavit.
118.25(2)(c)
(c) The physician making a physical examination shall prepare a report of the examination upon a standard form prepared by the department of health and family services and the department. Such report shall be retained in the physician's files and the physician shall make confidential recommendations therefrom to the school board and to the school employe on a form prepared by the department of health and family services and the department. The recommendation form shall contain space for a certificate that the person is free from tuberculosis in a communicable form. The cost of such examinations, including X-rays and tuberculin tests, shall be paid out of school district funds.
118.25(3)
(3) In counties having a population of less than 500,000, the school board may require periodic health examinations of pupils by physicians, under the supervision of local health departments and the department of health and family services, and may pay the cost of the examinations out of school district funds.
118.25(4)
(4) If a health or physical examination made under this section includes the testing of vision, such test may be made by an optometrist. Forms used for reporting such vision tests shall so indicate.
118.25(5)
(5) As a condition of employment, special teachers, school psychologists, school social workers, cooperative educational service agency personnel and other personnel working in public schools shall have physical examinations under
sub. (2). The employing school district or agency shall pay the cost of such examinations.
118.25(6)
(6) As a condition of employment, employes of the department whose work brings them into contact with school children or with school employes shall have physical examinations under
sub. (2).
Effective date note
NOTE: Sub. (6) 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
(6) As a condition of employment, employes of the state superintendent whose work brings them into contact with school children or with school employes shall have physical examinations under sub. (2).
118.255
118.255
Health treatment services for children with special physical or mental health treatment needs. 118.255(1)(a)(a) Under this section "physical or mental health treatment services" means treatment for physical or orthopedic disability, developmental disability, emotional disturbance, hearing impairment, visual disability, speech or language disability; and includes itinerant services such as evaluative and diagnostic services.
118.255(1)(b)
(b) Words and phrases used in this section which are identical to words and phrases defined in
s. 115.76 shall be given the meaning contained in
s. 115.76.
118.255(2)(a)(a) If a school board, cooperative educational service agency or county handicapped children's education board provides physical or mental health treatment services to its pupils, it may also provide such services within the private school facilities to those private school pupils who are referred to the public school board, cooperative educational service agency or county handicapped children's education board by the administrator of a private school for evaluation for possible servicing. There shall be no charge for health treatment services provided to any pupils unless public school students or their parents are charged for similar services. For purposes of state aid, as it is provided under
s. 115.88 to the public school district, for the health treatment service program, private school pupils receiving such health treatment services shall be counted among the pupils of the public school district receiving such services, although each child may receive health treatment services within the child's own school facilities, whether public or private.
118.255(2)(b)
(b) A school board, cooperative educational service agency, or county handicapped children's education board providing services under this section may enter into agreements with the administrator of a private school on the scheduling, space and other necessary arrangements for performance of such health treatment services. A school board, cooperative educational service agency or county handicapped children's education board shall not pay any private school for any services or facilities provided under this section. Control of the health treatment services program shall rest with the public school board, cooperative educational service agency or county handicapped children's education board.
118.255(2)(c)
(c) A school board, cooperative educational service agency or county handicapped children's education board may provide health treatment services only within private school facilities located within the boundaries of the school district, cooperative educational service agency or county.
118.255(3)
(3) The school board, cooperative educational service agency or county handicapped children's education board maintaining health treatment services shall report annually to the department, and at such other times as the department directs, such information as the department requires.
Effective date note
NOTE: Sub. (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) The school board, cooperative educational service agency or county handicapped children's education board maintaining health treatment services shall report annually to the department of public instruction, and at such other times as the department directs, such information as the department requires.
118.255(4)
(4) If the department is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law, the department shall certify to the department of administration in favor of each school board, cooperative educational service agency and county handicapped children's education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in
s. 115.88 (1) by the school board, cooperative educational service agency and county handicapped children's education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county handicapped children's education board.
118.255 Annotation
This section authorizes local school districts to provide health and welfare services, but not educational services, to students attending private schools; it may be unconstitutional to the extent that any of the services authorized thereby are rendered in church-affiliated private schools. 64 Atty. Gen. 75.
118.257
118.257
Liability for referral to police. 118.257(1)(c)
(c) "Pupil services professional" means a school counselor, school social worker, school psychologist or school nurse.
118.257(1)(d)
(d) "School" means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
118.257(2)
(2) A school administrator, principal, pupil services professional or teacher employed by a school board is not liable for referring a pupil enrolled in the school district to law enforcement authorities, or for removing a pupil from the school premises or from participation in a school-sponsored activity, for suspicion of possession, distribution, delivery or consumption of an alcohol beverage or a controlled substance or controlled substance analog.
118.258
118.258
Electronic communication devices prohibited. 118.258(1)(1) Each school board shall adopt rules prohibiting a pupil from using or possessing an electronic paging or 2-way communication device while on premises owned or rented by or under the control of a public school. The rules may allow for the use or possession of such a device by a pupil if the school board or its designee determines that the device is used or possessed for a medical, school, educational, vocational or other legitimate use.
118.258(2)(a)(a) Annually, the school board shall provide each pupil enrolled in the school district with a copy of the rules under
sub. (1).
118.258(2)(b)
(b) The school board shall submit a copy of the rules under
sub. (1) to the department when the rule is first adopted and whenever the rule is amended.
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) The school board shall submit a copy of the rules under sub. (1) to the state superintendent when the rule is first adopted and whenever the rule is amended.
118.258 History
History: 1989 a. 121;
1995 a. 27 s.
9145 (1).
118.26
118.26
Claim against school district. No action may be brought or maintained against a school district upon a claim or cause of action unless the claimant complies with
s. 893.80. This section does not apply to actions commenced under
s. 19.37 or
19.97.
118.26 Annotation
VTAE districts are school districts under this section. Binder v. Madison, 72 W (2d) 613, 241 NW (2d) 613.
118.27
118.27
Gifts and grants. The school board of a district may receive, accept and use gifts or grants of furniture, books, equipment, supplies, moneys, securities or other property, real or personal, used or useful for school research and educational purposes. All moneys received as gifts or grants shall be placed in the school district treasury but shall be considered segregated trust funds. Whenever a school board receives gifts or grants under this section, it shall make such use thereof, or invest the same in the case of moneys, as the donor or grantor specifies. In the absence of any specific direction as to the use of such gifts or grants by a donor or grantor, the school board may determine the use of or invest the same in accordance with the law applicable to trust investments. In the use, control or investment of such gifts or grants, the school board may exercise the rights and powers generally conferred upon trustees.
118.27 Annotation
If moneys are accepted under this section, district must act as trustee of the moneys, except under circumstances in 66.30 (2m).
74 Atty. Gen. 45.
118.28
118.28
Community action agencies. The school board of a school district may appropriate funds for promoting and assisting any community action agency under
s. 49.37.
118.29
118.29
Administration of drugs to pupils and emergency care. 118.29(1)(a)
(a) "Administer" means the direct application of a drug or prescription drug, whether by injection, ingestion or other means, to the human body.
118.29(1)(c)
(c) "Health care professional" means a person licensed as an emergency medical technician under
s. 146.50 or any person licensed, certified, permitted or registered under
chs. 441 or
446 to
449.
118.29(1)(e)
(e) "Practitioner" means any physician, dentist or podiatrist licensed in any state.
118.29(2)
(2) Authority to administer drugs; civil liability exemption. 118.29(2)(a)(a) Notwithstanding
chs. 441,
447,
448 and
450, a school bus operator validly authorized under
ss. 343.12 and
343.17 (3) (c) to operate the school bus he or she is operating, any school employe or volunteer, county handicapped children's education board employe or volunteer or cooperative educational service agency employe or volunteer authorized in writing by the administrator of the school district, the board or the agency, respectively, or by a school principal, and any private school employe or volunteer authorized in writing by a private school administrator or private school principal:
118.29(2)(a)1.
1. May administer any drug which may lawfully be sold over the counter without a prescription to a pupil in compliance with the written instructions of the pupil's parent or guardian if the pupil's parent or guardian consents in writing.
118.29(2)(a)2.
2. May administer a prescription drug to a pupil in compliance with the written instructions of a practitioner if the pupil's parent or guardian consents in writing.
118.29(2)(a)3.
3. Is immune from civil liability for his or her acts or omissions in administering a drug or prescription drug to a pupil under
subd. 1. or
2. unless the act or omission constitutes a high degree of negligence. This subdivision does not apply to health care professionals.
118.29(2)(b)
(b) Any school district administrator, county handicapped children's education board administrator, cooperative educational service agency administrator, public or private school principal or private school administrator who authorizes an employe or volunteer to administer a drug or prescription drug to a pupil under
par. (a) is immune from civil liability for the act of authorization unless it constitutes a high degree of negligence.
118.29(3)
(3) Emergency care; civil liability exemption. Any school bus operator validly authorized under
ss. 343.12 and
343.17 (3) (c) to operate the school bus he or she is operating and any public or private school employe or volunteer, county handicapped children's education board employe or volunteer or cooperative educational service agency employe or volunteer, other than a health care professional, who in good faith renders emergency care to a pupil of a public or private school is immune from civil liability for his or her acts or omissions in rendering such emergency care. The immunity from civil liability provided under this subsection is in addition to and not in lieu of that provided under
s. 895.48 (1).
118.29(4)
(4) Written policies. Any school board, county handicapped children's education board, cooperative educational service agency or governing body of a private school whose employes or volunteers may be authorized to administer drugs or prescription drugs to pupils under this section shall adopt a written policy governing the administration of drugs and prescription drugs to pupils. In developing the policy, the school board, board, agency or governing body shall seek the assistance of one or more appropriate health care professionals who are employes of the school board, board, agency or governing body or are providing services or consultation under
s. 121.02 (1) (g). The policy shall include procedures for obtaining and filing in the school or other appropriate facility the written instructions and consent required under
sub. (2) (a), for the periodic review of such written instructions, for the storing of drugs and prescription drugs, for record keeping and for the appropriate instruction of persons who may be authorized to administer drugs or prescription drugs to pupils under this section.
118.29(5)
(5) Exemption. No employe except a health care professional may be required to administer a drug or prescription drug to a pupil under this section by any means other than ingestion.
118.295
118.295
Suicide intervention; civil liability exemption. Any school board, private school, county handicapped children's education board or cooperative educational service agency, and any officer, employe or volunteer thereof, who in good faith attempts to prevent suicide by a pupil is immune from civil liability for his or her acts or omissions in respect to the suicide or attempted suicide. The civil liability immunity provided in this section is in addition to and not in lieu of that provided under
s. 895.48 (1).
118.295 History
History: 1985 a. 29;
1987 a. 14.
118.30
118.30
Pupil assessment. 118.30(1)(1) The department shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and 10th grades.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27, s.
9145 (1). 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, s. 9145 (1), it read:
Effective date text
(1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and 10th grades.
118.30(1m)
(1m) Except as otherwise provided in this section, annually each school board shall do all of the following:
118.30(1m)(a)
(a) Beginning in the 1996-97 school year, administer the 4th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.
118.30(1m)(am)
(am) Administer the 8th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.
118.30(1m)(b)
(b) Administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade.
118.30(2)(a)(a) To the extent possible, all examinations under this section shall be free of bias.
118.30(2)(b)1.1. The school board may determine not to administer an examination under this section to a pupil enrolled in a special education program under
subch. V of ch. 115. The school board may modify the format and administration of an examination for a pupil enrolled in such a program.
118.30(2)(b)2.
2. According to criteria established by the department by rule, the school board may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under
s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.
Effective date note
NOTE: Subd. 2. 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
2. According to criteria established by the state superintendent by rule, the school board may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.
118.30(2)(b)3.
3. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under this section.
