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 children with disabilities 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 children with disabilities 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 children with disabilities 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.
118.291
118.291
Asthmatic pupils; possession and use of inhalers. 118.291(1)(1) While in school, at a school-sponsored activity or under the supervision of a school authority, an asthmatic pupil may possess and use a metered dose inhaler or dry powder inhaler if all of the following are true:
118.291(1)(a)
(a) The pupil uses the inhaler before exercise to prevent the onset of asthmatic symptoms or uses the inhaler to alleviate asthmatic symptoms.
118.291(1)(b)
(b) The pupil has the written approval of the pupil's physician and, if the pupil is a minor, the written approval of the pupil's parent or guardian.
118.291(1)(c)
(c) The pupil has provided the school principal with a copy of the approval or approvals under
par. (b).
118.291(2)
(2) No school district, school board or school district employe is civilly liable for damage to a pupil caused by a school district employe who prohibits a pupil from using an inhaler because of the employe's good faith belief that the requirements of
sub. (1) had not been satisfied or who allows a pupil to use an inhaler because of the employe's good faith belief that the requirements of
sub. (1) had been satisfied.
Effective date note
NOTE: This section is created eff. 9-1-99 by
1997 Wis. Act 77.
118.291 History
History: 1997 a. 77.
118.295
118.295
Suicide intervention; civil liability exemption. Any school board, private school, county children with disabilities 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).
118.30
118.30
Pupil assessment. 118.30(1)(a)(a) 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(1)(b)
(b) If the governor has issued pupil academic standards as an executive order under
s. 14.23, the department shall develop a high school graduation examination that is designed to measure whether pupils meet the pupil academic standards.
118.30(1g)(a)(a) By August 1, 1998, each school board shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history. If the governor has issued pupil academic standards as an executive order under
s. 14.23, the school board may adopt those standards.
118.30(1g)(b)
(b) Each school board operating high school grades shall adopt a high school graduation examination that is designed to measure whether pupils meet the pupil academic standards adopted by the school board under
par. (a). If the school board has adopted the pupil academic standards issued as an executive order under
s. 14.23, the school board may adopt the high school graduation examination developed by the department under
sub. (1) (b). If a school board develops and adopts its own high school graduation examination, it shall notify the department.
118.30(1g)(c)
(c) Each school board operating elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board develops or adopts an examination under this paragraph, it shall notify the department.
118.30(1m)
(1m) Except as otherwise provided in this section and in
s. 118.40 (2r) (d), annually each school board shall do all of the following:
118.30(1m)(a)1.1. Except as provided in
sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under
sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. Beginning on July 1, 2002, if the school board has not developed and adopted its own 4th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under
sub. (5) (a) 1.
118.30(1m)(a)2.
2. Beginning on July 1, 2002, if the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.
118.30(1m)(am)1.1. Except as provided in
sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under
sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. Beginning on July 1, 2002, if the school board has not developed and adopted its own 8th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under
sub. (5) (b) 1.
118.30(1m)(am)2.
2. Beginning on July 1, 2002, if the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.
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. This paragraph does not apply after the 2000-01 school year.
118.30(1m)(d)
(d) If the school board operates high school grades, beginning in the 2000-01 school year administer the high school graduation examination adopted by the school board under
sub. (1g) (b). The school board shall administer the examination at least twice each school year. The school board shall determine the high school grades in which the examination will be administered each school year.
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. If a pupil is enrolled in a special education program under
subch. V of ch. 115, the school board shall comply with
s. 115.77 (1) (bg) [(1m) (bg)].
118.30 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending
118.30(2)(b)2.
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 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.
118.30(5)(a)(a) Except as provided in
par. (c), beginning on July 1, 2002, a school board may not promote a 4th grade pupil to the 5th grade unless one of the following applies:
118.30(5)(a)1.
1. If the school board does not administer its own 4th grade examination under
sub. (1m) (a) 2., the pupil's score in each subject area on the examination administered under
sub. (1m) (a) 1. is at the basic level or above, as determined by the state superintendent.
118.30(5)(a)2.
2. If the school board administers its own 4th grade examination under
sub. (1m) (a) 2., the pupil achieves a passing score on that examination, as determined by the school board.
118.30(5)(b)
(b) Except as provided in
par. (c), beginning on July 1, 2002, a school board may not promote an 8th grade pupil to the 9th grade unless one of the following applies:
118.30(5)(b)1.
1. If the school board does not administer its own 8th grade examination under
sub. (1m) (am) 2., the pupil's score in each subject area on the examination administered under
sub. (1m) (am) 1. is at the basic level or above, as determined by the state superintendent.
118.30(5)(b)2.
2. If the school board administers its own 8th grade examination under
sub. (1m) (am) 2., the pupil achieves a passing score on that examination, as determined by the school board.
118.30(5)(c)
(c) Each school board shall develop alternative criteria for evaluating a pupil who did not take the 4th grade or the 8th grade examination that was required for promotion as a result of
sub. (2) (b). A school board may promote a pupil who did not take the examination that was required for promotion as a result of
sub. (2) (b) if the pupil satisfies the alternative criteria.
118.30(6)
(6) A school board is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under
sub. (1) (a) if the school board administers its own 4th and 8th grade examinations, the school board provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under
sub. (1) (a), and the federal department of education approves.
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. 115.787 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.
118.325
118.325
Locker searches. An official, employe or agent of a school or school district may search a pupil's locker as determined necessary or appropriate without the consent of the pupil, without notifying the pupil and without obtaining a search warrant if the school board has adopted a written policy specifying that the school board retains ownership and possessory control of all pupil lockers and designating the positions of the officials, employes or agents who may conduct searches, and has distributed a copy of the policy to pupils enrolled in the school district.
118.325 History
History: 1997 a. 329.
118.33
118.33
High school graduation standards. 118.33(1)(a)(a) Except as provided in
par. (d), 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 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) 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)(cm)
(cm) Except as provided in
par. (e), beginning on September 1, 2002, a school board may not grant a high school diploma to any pupil unless the pupil has passed the high school graduation examination administered under
s. 118.30 (1m) (d). A school board shall provide a pupil with at least 4 opportunities to take the examination in the high school grades.
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).
