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.
118.30(2)(c)
(c) The results of examinations administered under this section to pupils enrolled in public schools, including charter schools, may not be used to evaluate teacher performance, to discharge, suspend or formally discipline a teacher or as the reason for the nonrenewal of a teacher's contract.
118.30(2)(d)
(d) The results of examinations under this section may not be used in determining general or categorical aids to school districts.
118.30(3)
(3) The department shall make available upon request, within 90 days after the date of administration, any examination required to be administered under this section. This subsection does not apply while the examination is being developed or validated.
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 state superintendent shall make available upon request, within 90 days after the date of administration, any examination required to be administered under this section. This subsection does not apply while the examination is being developed or validated.
118.30(4)
(4) The department shall study the utility of administering technology-based performance assessments to pupils.
118.31
118.31
Corporal punishment. 118.31(1)(1) In this section, "corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. "Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. "Corporal punishment" does not include actions consistent with an individualized education program developed under
s. 115.80 (4) (a) or reasonable physical activities associated with athletic training.
118.31(2)
(2) Except as provided in
sub. (3), no official, employe or agent of a school board may subject a pupil enrolled in the school district to corporal punishment.
118.31(3)
(3) Subsection (2) does not prohibit an official, employe or agent of a school board from:
118.31(3)(a)
(a) Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person.
118.31(3)(b)
(b) Using reasonable and necessary force to obtain possession of a weapon or other dangerous object within a pupil's control.
118.31(3)(c)
(c) Using reasonable and necessary force for the purpose of self-defense or the defense of others under
s. 939.48.
118.31(3)(d)
(d) Using reasonable and necessary force for the protection of property under
s. 939.49.
118.31(3)(e)
(e) Using reasonable and necessary force to remove a disruptive pupil from a school premises or motor vehicle, as defined in
s. 125.09 (2) (a) 1. and
4., or from school-sponsored activities.
118.31(3)(f)
(f) Using reasonable and necessary force to prevent a pupil from inflicting harm on himself or herself.
118.31(3)(g)
(g) Using reasonable and necessary force to protect the safety of others.
118.31(3)(h)
(h) Using incidental, minor or reasonable physical contact designed to maintain order and control.
118.31(4)
(4) Each school board shall adopt a policy that allows any official, employe or agent of the school board to use reasonable and necessary force for the purposes of
sub. (3) (a) to
(h). In determining whether or not a person was acting within the exceptions in
sub. (3), deference shall be given to reasonable, good faith judgments made by an official, employe or agent of a school board.
118.31(5)
(5) Except as provided in
s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or their officials, employes or agents for damages arising out of claims involving allegations of improper or unnecessary use of force by school employes against students.
118.31(6)
(6) Nothing in this section shall prohibit, permit or otherwise affect any action taken by an official, employe or agent of a school board with regard to a person who is not a pupil enrolled in the school district.
118.31 Note
NOTE: This section was created by
1987 Wis. Act 303. Section 1 of that act is entitled "Legislative findings and purpose".
118.32
118.32
Strip search by school employe. Any official, employe or agent of any school or school district is prohibited under
s. 948.50 from conducting a strip search of any pupil.
118.32 History
History: 1983 a. 489;
1987 a. 332 s.
64.
118.33
118.33
High school graduation standards. 118.33(1)(a)(a) Except as provided in
par. (d), beginning on September 1, 1988, a school board may not grant a high school diploma to any pupil unless the pupil has earned:
118.33(1)(a)1.
1. In the high school grades, at least 4 credits of English including writing composition, 3 credits of social studies including state and local government, 2 credits of mathematics, 2 credits of science and 1.5 credits of physical education.
118.33(1)(a)2.
2. In grades 7 to 12, at least 0.5 credit of health education.
118.33(1)(am)
(am) The department shall encourage school boards to require an additional 8.5 credits selected from any combination of vocational education, foreign languages, fine arts and other courses.
Effective date note
NOTE: Par. (am) 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
(am) The state superintendent shall encourage school boards to require an additional 8.5 credits selected from any combination of vocational education, foreign languages, fine arts and other courses.
118.33(1)(b)
(b) Beginning September 1, 1988, a school board may not grant a high school diploma to any pupil unless, during the high school grades, the pupil has been enrolled in a class or has participated in an activity approved by the school board during each class period of each school day, or the pupil has been enrolled in an alternative education program, as defined in
s. 115.28 (7) (e) 1. Nothing in this paragraph prohibits a school board from establishing a program that allows a pupil enrolled in the high school grades who has demonstrated a high level of maturity and personal responsibility to leave the school premises for up to one class period each day if the pupil does not have a class scheduled during that class period.
118.33(1)(c)
(c) A school board may require a pupil to participate in community service activities in order to receive a high school diploma.
118.33(1)(d)
(d) A school board may grant a high school diploma to a pupil who has not satisfied the requirements under
par. (a) if all of the following apply:
118.33(1)(d)2.
2. The school board determines that the pupil has demonstrated a level of proficiency in the subjects listed in
par. (a) equivalent to that which he or she would have attained if he or she had satisfied the requirements under
par. (a).
Effective date note
NOTE: Sub. (2) (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
(2) The state superintendent shall:
118.33(2)(c)
(c) Establish course requirements under
sub. (1) and approve any school board's high school graduation standards policy that is equivalent to the requirements under
sub. (1).
118.33(2)(m)
(m) Adopt policies to accommodate pupils with exceptional educational interests, needs or requirements, not limited to children with exceptional educational needs, as defined under
s. 115.76 (3).
118.33(3)
(3) By September 1, 1986, each school board operating high school grades shall submit to the department a report describing the school board's policies and guidelines on high school graduation standards, including a list of courses required under
sub. (1) (a) and the number of hours in each school term required to earn one credit under
sub. (1) (a), and thereafter shall notify the department whenever changes are made in such policies or guidelines. The department shall make reasonable efforts to combine the reports required under this subsection with other required school board reports.
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) By September 1, 1986, each school board operating high school grades shall submit to the state superintendent a report describing the school board's policies and guidelines on high school graduation standards, including a list of courses required under sub. (1) (a) and the number of hours in each school term required to earn one credit under sub. (1) (a), and thereafter shall notify the state superintendent whenever changes are made in such policies or guidelines. The department shall make reasonable efforts to combine the reports required under this subsection with other required school board reports.
118.33(3m)
(3m) A course taken at a technical college by a child attending the school part-time or in lieu of high school under
s. 118.15 (1) (b), or attending the school under
s. 118.15 (1) (cm), does not fulfill any of the high school graduation requirements under
sub. (1) (a) unless the department has approved the course for that purpose.
Effective date note
NOTE: Sub. (3m) 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
(3m) A course taken at a technical college by a child attending the school part-time or in lieu of high school under s. 118.15 (1) (b), or attending the school under s. 118.15 (1) (cm), does not fulfill any of the high school graduation requirements under sub. (1) (a) unless the state superintendent has approved the course for that purpose.
118.33(4)(a)(a) The department shall establish procedures for school boards to certify to the department whether they are in compliance with the requirements under
sub. (1) and the rules promulgated under
sub. (2).
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) The state superintendent shall establish procedures for school boards to certify to the state superintendent whether they are in compliance with the requirements under sub. (1) and the rules promulgated under sub. (2).
118.33(4)(b)
(b) The department may periodically review school district high school graduation standards and shall notify any school board not in compliance with the requirements under
sub. (1) or the rules promulgated under
sub. (2), identifying the changes necessary.
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 state superintendent may periodically review school district high school graduation standards and shall notify any school board not in compliance with the requirements under sub. (1) or the rules promulgated under sub. (2), identifying the changes necessary.
118.33(5)
(5) The department shall include in its biennial report under
s. 15.04 (1) (d) information on the status of statewide high school graduation standards.
118.33 Note
NOTE: 1983 Wisconsin Act 411, which created this section, has "Legislative declaration" in section 1.
118.33 Note
NOTE: 1993 Wis. Act 339, which created sub. (1) (d), contains explanatory notes.
118.34
118.34
Technical preparation programs. 118.34(1)
(1) In cooperation with a technical college district board, each school board shall establish a technical preparation program in each public high school located in the school district. The program shall consist of a sequence of courses, approved by the technical college system board under
s. 38.04 (26), designed to allow high school pupils to gain advanced standing in the technical college district's associate degree program upon graduation from high school.
118.34(2)(a)(a) The technical college district director shall appoint a technical preparation council to coordinate the establishment of the technical preparation programs. The council shall consist of 12 members.
118.34(2)(b)
(b) The technical college district board and the school boards of school districts that operate high schools located in the technical college district shall establish a consortium to implement the technical preparation programs.
118.34(3)
(3) The department and the technical college system board shall provide technical assistance to school boards to develop technical preparation programs in each high school. Annually, the school board shall evaluate its program and report the results to the department and the technical college system board.
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 department and the technical college system board shall provide technical assistance to school boards to develop technical preparation programs in each high school. Annually, the school board shall evaluate its program and report the results to the state superintendent and the technical college system board.
118.35
118.35
Programs for gifted and talented pupils. 118.35(1)
(1) In this section, "gifted and talented pupils" means pupils enrolled in public schools who give evidence of high performance capability in intellectual, creative, artistic, leadership or specific academic areas and who need services or activities not ordinarily provided in a regular school program in order to fully develop such capabilities.
118.35(2)
(2) The department shall by rule establish guidelines for the identification of gifted and talented pupils.
Effective date note
NOTE: Sub. (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) The state superintendent shall by rule establish guidelines for the identification of gifted and talented pupils.
