118.127(2)
(2) A school district or private school may disclose information from law enforcement officers' records obtained under
s. 938.396 (1m) only to persons employed by the school district who are required by the department under
s. 115.28 (7) to hold a license, to persons employed by the private school as teachers and to other school district or private school officials who have been determined by the school board or governing body of the private school to have legitimate educational interests, including safety interests, in that information. In addition, if that information relates to a pupil of the school district or private school, the school district or private school may also disclose that information to those employees of the school district or private school who have been designated by the school board or governing body of the private school to receive that information for the purpose of providing treatment programs for pupils enrolled in the school district or private school. A school district may not use law enforcement officers' records obtained under
s. 938.396 (1m) as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against a pupil.
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 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 state superintendent.
118.13(3)(a)1.
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.
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, employee 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 U.S. 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 U.S. 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 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(4)
(4) The school board of a school district operating high school grades shall allow a pupil enrolled in a private school or a pupil enrolled in a home-based educational program, who has met the standards for admission to high school under
sub. (1), to take up to 2 courses during each school semester if the pupil resides in the school district in which the public school is located and if the school board determines that there is sufficient space in the classroom.
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), a secured child caring institution, as defined in
s. 938.02 (15g), a secure detention facility, as defined in
s. 938.02 (16), or a juvenile portion of a county jail, 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. For purposes of this subdivision, a child is considered to have begun a program leading to a high school equivalency diploma if the child has received a passing score on a minimum of one of the 5 content area tests given under the general educational development test or has demonstrated under a course of study meeting the standards established under
s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation a level of proficiency in a minimum of one of the 5 content areas specified in
s. 118.33 (1) (a) 1. that is equivalent to the level of proficiency that he or she would have attained if he or she had satisfied the requirements under
s. 118.33 (1) (a) 1.
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 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 evaluated by an individualized education program team under
s. 115.782 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 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. 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.
118.15(3)
(3) This section does not apply to:
118.15(3)(a)
(a) Any child who is excused by the school board because the child is temporarily not in proper physical or mental condition to attend a school program but who can be expected to return to a school program upon termination or abatement of the illness or condition. The school attendance officer may request the parent or guardian of the child to obtain a written statement from a licensed physician, dentist, chiropractor, optometrist or psychologist or Christian Science practitioner living and residing in this state, who is listed in the Christian Science Journal, as sufficient proof of the physical or mental condition of the child. An excuse under this paragraph shall be in writing and shall state the time period for which it is valid, not to exceed 30 days.
118.15(3)(b)
(b) Any child excused by the school board in accordance with the school board's written attendance policy under
s. 118.16 (4) and with the written approval of the child's parent or guardian. The child's truancy, discipline or school achievement problems or disabilities as described in
s. 115.76 (5) may not be used as the reason for an excuse under this paragraph. The excuse shall be in writing and shall state the time period for which it is effective, not to extend beyond the end of the current school year.
118.15(3)(c)
(c) Any child excused in writing by his or her parent or guardian before the absence. The school board shall require a child excused under this paragraph to complete any course work missed during the absence. A child may not be excused for more than 10 days in a school year under this paragraph.
118.15(4)
(4) Instruction in a home-based private educational program that meets all of the criteria under
s. 118.165 (1) may be substituted for attendance at a public or private school.
118.15(4m)
(4m) No school board, board of control of a cooperative educational service agency or county children with disabilities education board, or person employed by a school board, cooperative educational service agency or county children with disabilities education board, may in any manner compel a pregnant girl to withdraw from her educational program.
118.15(5)(a)1.1. Except as provided under
par. (b) or if a person has been found guilty of a misdemeanor under
s. 948.45, whoever violates this section may be penalized as follows, if evidence has been provided by the school attendance officer that the activities under
s. 118.16 (5) have been completed or were not required to be completed as provided in
s. 118.16 (5m):
118.15(5)(a)1.a.
a. For the first offense, by a fine of not more than $500 or imprisonment for not more than 30 days or both.
118.15(5)(a)1.b.
b. For a 2nd or subsequent offense, by a fine of not more than $1,000 or imprisonment for not more than 90 days or both.
118.15(5)(a)2.
2. The court may require a person who is subject to
subd. 1. to perform community service work for a public agency or a nonprofit charitable organization in lieu of the penalties specified under
subd. 1. Any organization or agency to which a defendant is assigned pursuant to an order under this subdivision acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on the defendant.
118.15(5)(am)
(am) The court may order any person who violates this section to participate in counseling at the person's own expense or to attend school with his or her child, or both.
118.15(5)(b)2.
2. In a prosecution under
par. (a), if the defendant proves that he or she is unable to comply with the law because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under
ch. 48.
118.15 History
History: 1971 c. 40,
125,
154;
1973 c. 89,
243,
319,
332;
1975 c. 39,
199;
1979 c. 221,
298,
300,
355;
1981 c. 20;
1983 a. 512;
1985 a. 29;
1987 a. 36,
285,
399;
1989 a. 31,
336;
1991 a. 39;
1993 a. 223,
399;
1995 a. 27 s.
3945,
9145 (1);
1995 a. 77,
225;
1997 a. 27,
164,
205,
239.
118.15 Annotation
A city is not liable for failure to enforce the school attendance laws for damages resulting from an assault by truants. Riemer v. Crayton,
57 Wis. 2d 755.
118.15 Annotation
Refusal on religious grounds to send children to school was held to be a personal, philosophical choice by parents, rather than a protected religious expression. State v. Kasuboski,
87 Wis. 2d 407,
275 N.W.2d 101 (Ct. App. 1978).
118.15 Annotation
Section permits VTAE instructors to teach limited number of courses to public school students under certain circumstances without department of public instruction certification. Educ. Ass'n. v. Public Instruction Dept.,
154 Wis. 2d 655,
453 N.W.2d 915 (Ct. App. 1990).
