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).
118.33(1)(e)
(e) Each school board shall develop alternative criteria for evaluating a pupil who has been excused from the high school graduation examination under
s. 118.30 (2) (b) 3. A school board may grant a high school diploma to a pupil who has been excused from the high school graduation examination under
s. 118.30 (2) (b) 3. if the pupil satisfies all of the other requirements under this subsection and satisfies the other criteria.
118.33(2)
(2) The state superintendent shall:
118.33(2)(c)
(c) Establish course requirements under
sub. (1) (a) 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 disabilities, as defined under
s. 115.76 (5).
118.33(3)
(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 state superintendent has approved the course for that purpose. If a pupil satisfies all of the high school graduation requirements under
sub. (1), the school board shall grant a high school diploma to the pupil regardless of whether the pupil satisfied all or a portion of the requirements while attending an institution of higher education under
s. 118.55 or a technical college.
118.33(4)(a)(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 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 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 state superintendent shall by rule establish guidelines for the identification of gifted and talented pupils.
118.35(3)
(3) Each school board shall ensure that all gifted and talented pupils enrolled in the school district have access to a program for gifted and talented pupils.
118.38
118.38
Waivers of laws and rules. 118.38(1)(a)(a) A school board may request the department to waive any school board or school district requirement in
chs. 115 to
121 or in the administrative rules promulgated by the department under the authority of those chapters, except for statutes or rules related to any of the following:
118.38(1)(a)7.
7. Licensure or certification under
s. 115.28 (7) or
(7m) other than the licensure of the school district administrator or business manager.
118.38(1)(b)
(b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.
118.38(1m)
(1m) The school board shall specify in its request for a waiver its reason for requesting the waiver.
118.38(2)
(2) In determining whether to grant the waiver, the department shall consider all of the following factors and may consider additional factors:
118.38(2)(a)
(a) Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of
P.L. 103-227.
118.38(2)(b)
(b) If the school board has adopted educational goals for the school district, whether the requirement impedes progress toward achieving the goals.
118.38(3)
(3) A waiver is effective for 4 years. The department shall renew the waiver for additional 4-year periods if the school board has evaluated the educational and financial effects of the waiver over the previous 4-year period, except that the department is not required to renew a waiver if the department determines that the school district is not making adequate progress toward improving pupil academic performance.
118.38(4)
(4) By July 1, 2000, the department shall submit a report to the governor, and to the appropriate standing committees of the legislature under
s. 13.172 (3). The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request and the educational and financial effects on the school district of each waiver that was granted.
118.38 History
History: 1995 a. 27;
1997 a. 27.
118.40
118.40
Charter schools. 118.40(1)(1)
Notice to state superintendent. Whenever a school board intends to establish a charter school, it shall notify the state superintendent of its intention. Whenever one of the entities under
sub. (2r) (b) intends to establish a charter school, it shall notify the state superintendent of its intention by February 1 of the previous school year. A notice under this subsection shall include a description of the proposed school.
118.40(1m)(a)(a) A written petition requesting the school board to establish a charter school under this section may be filed with the school district clerk. The petition shall be signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school of the school district.
118.40(1m)(b)
(b) The petition shall include all of the following:
118.40(1m)(b)1.
1. The name of the person who is seeking to establish the charter school.
