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, 1997 stats.
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)(bm)
(bm) "Epinephrine auto-injector" means a device used for the automatic injection of epinephrine into the human body.
118.29(1)(c)
(c) "Health care professional" means a person licensed as an emergency medical technician under
s. 146.50, a person certified as a first responder under
s. 146.50 (8) 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 employee or volunteer, county children with disabilities education board employee or volunteer or cooperative educational service agency employee 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 employee 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)2m.
2m. Except for epinephrine administered under
subd. 2., may use an epinephrine auto-injector to administer epinephrine to any pupil who appears to be experiencing a severe allergic reaction if, as soon as practicable, the school bus operator, employee or volunteer reports the allergic reaction by dialing the telephone number "911" or, in an area in which the telephone number "911" is not available, the telephone number for an emergency medical service provider.
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.,
2. or
2m. 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 employee 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 employee or volunteer, county children with disabilities education board employee or volunteer or cooperative educational service agency employee 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 employees 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 employees 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 employee 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 employee is civilly liable for damage to a pupil caused by a school district employee who prohibits a pupil from using an inhaler because of the employee'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 employee's good faith belief that the requirements of
sub. (1) had been satisfied.
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, employee 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) The department shall develop a high school graduation examination that is designed to measure whether pupils meet the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.
118.30(1g)(a)1.1. 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)(a)2.
2. By January 1, 2000, or by January 1 of the 1st school year of operation, whichever is later, each operator of a charter school under
s. 118.40 (2r) shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history. The operator of the charter school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.
118.30(1g)(b)
(b) Each school board operating high school grades and each operator of a charter school under
s. 118.40 (2r) that operates 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 or operator of the charter school under
par. (a). If the school board or operator of the charter school has adopted the pupil academic standards issued as executive order no. 326, dated January 13, 1998, the school board or operator of the charter school may adopt the high school graduation examination developed by the department under
sub. (1) (b). If a school board or operator of a charter school develops and adopts its own high school graduation examination, it shall notify the department annually by October 1 that it intends to administer the examination in the following school year.
118.30(1g)(c)
(c) Each school board operating elementary grades and each operator of a charter school under
s. 118.40 (2r) that operates 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 or operator of the charter school develops or adopts an examination under this paragraph, it shall notify the department.
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)1.1. Except as provided in
sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under
sub. (1) 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 take the examination administered under this subdivision.
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 take 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) 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 take the examination administered under this subdivision.
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 take 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.
118.30(1m)(d)
(d) If the school board operates high school grades, beginning in the 2002-03 school year administer the high school graduation examination adopted by the school board under
sub. (1g) (b) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 11th and 12th grades. The school board shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.
118.30(1r)
(1r) Annually each operator of a charter school under
s. 118.40 (2r) shall do all of the following:
118.30(1r)(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 charter school in the 4th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed or adopted its own 4th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
118.30(1r)(a)2.
2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the charter school in the 4th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
118.30(1r)(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 charter school in the 8th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed and adopted its own 8th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
118.30(1r)(am)2.
2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the charter school in the 8th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
118.30(1r)(b)
(b) Administer the 10th grade examination to all pupils enrolled in the charter school in the 10th grade.
118.30(1r)(d)
(d) If the charter school operates high school grades, beginning in the 2002-03 school year, administer the high school graduation examination adopted by the operator of the charter school under
sub. (1g) (b) to all pupils enrolled in the 11th and 12th grades in the charter school. The operator of the charter school shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.
118.30(2)(a)(a) To the extent possible, all examinations under this section shall be free of bias.
118.30(2)(b)2.
2. According to criteria established by the state superintendent by rule, the school board or operator of the charter school under
s. 118.40 (2r) may determine not to administer an examination under this section to a limited-English proficient 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
sub. (1m).
118.30(2)(b)4.
4. Upon the request of a pupil's parent or guardian, the operator of a charter school under
s. 118.40 (2r) shall excuse the pupil from taking an examination administered under
sub. (1r).
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(2)(e)
(e) A pupil's score on the examination administered under
sub. (1m) (d) or
(1r) (d) shall be recorded on the pupil's transcript.
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(6)
(6) A school board and an operator of a charter school under
s. 118.40 (2r) is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under
sub. (1) if the school board or the operator of the charter school administers its own 4th and 8th grade examinations, the school board or operator of the charter school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under
sub. (1), 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, employee 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, employee 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, employee 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, employee 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, employees or agents for damages arising out of claims involving allegations of improper or unnecessary use of force by school employees against students.
118.31(6)
(6) Nothing in this section shall prohibit, permit or otherwise affect any action taken by an official, employee or agent of a school board with regard to a person who is not a pupil enrolled in the school district.
118.31(7)
(7) Nothing in this section abrogates or restricts any statutory or common law defense to prosecution for any crime.
