118.125(5)(a)(a) Except as provided in
par. (b), nothing in this section prohibits a school district from using a pupil's records in connection with the suspension or expulsion of the pupil or the use of such records by a multidisciplinary team under
ch. 115.
118.125(5)(b)
(b) Law enforcement officers' records obtained under
s. 48.396 (1) or
938.396 (1) (b) 2. or
(c) 3. and records of the court assigned to exercise jurisdiction under
chs. 48 and
938 or of a municipal court obtained under
s. 938.396 (2g) (m) may not be used by a school district 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.
118.125(6)
(6) Application to existing records. Any records existing on June 9, 1974 need not be revised for the purpose of deleting information from pupil records to comply with this section.
118.125(7)
(7) Disclosure of law enforcement unit records. A school board shall treat law enforcement unit records of juveniles in the same manner as a law enforcement agency is required to treat law enforcement officers' records of juveniles under
s. 938.396 (1) (a).
118.125 History
History: 1973 c. 254;
1977 c. 418;
1979 c. 205;
1981 c. 20,
273;
1983 a. 189;
1985 a. 218;
1987 a. 27,
70,
206,
285,
337,
355;
1987 a. 399 s.
491r;
1987 a. 403 ss.
123,
124,
256;
1989 a. 31,
168;
1989 a. 201 s.
36;
1989 a. 336;
1991 a. 39,
189;
1993 a. 27,
172,
334,
377,
385,
399,
450,
491;
1995 a. 27 ss.
3939,
3940,
9126 (19),
9130 (4),
9145 (1);
1995 a. 77,
173,
225,
352;
1997 a. 3,
27,
205,
237,
239;
1999 a. 9,
149;
2003 a. 82,
292;
2005 a. 344,
434;
2005 a. 443 s.
265;
2007 a. 20 ss.
2712,
9121 (6) (a).
118.125 Annotation
A public school student's interim grades are pupil records specifically exempted from disclosure under s. 118.125. A failure to specifically state reasons for denying an open records request for records that are specifically exempted from disclosure does not compel disclosure of those records. State ex rel. Blum v. Board of Education,
209 Wis. 2d 377,
565 N.W.2d 140 (Ct. App. 1997),
96-0758.
118.125 Annotation
Pupil information that local education agencies are required to release to the department of public instruction under the reporting provisions of ch. 89, laws of 1973, may be provided, with or without permission, without violation of the state or federal confidentiality statutes. 65 Atty. Gen. 1.
118.125 Annotation
"Pupil records" are "public records" under 19.32 (2) but are subject to special statutes that limit access and direct maximum and minimum periods of maintenance before destruction.
72 Atty. Gen. 169.
118.125 Annotation
Access to student records in Wisconsin. 1976 WLR 975.
118.126
118.126
Privileged communications. 118.126(1)
(1) A school psychologist, counselor, social worker and nurse, and any teacher or administrator designated by the school board who engages in alcohol or drug abuse program activities, shall keep confidential information received from a pupil that the pupil or another pupil is using or is experiencing problems resulting from the use of alcohol or other drugs unless:
118.126(1)(a)
(a) The pupil using or experiencing problems resulting from the use of alcohol or other drugs consents in writing to disclosure of the information;
118.126(1)(b)
(b) The school psychologist, counselor, social worker, nurse, teacher or administrator has reason to believe that there is serious and imminent danger to the health, safety or life of any person and that disclosure of the information to another person will alleviate the serious and imminent danger. No more information than is required to alleviate the serious and imminent danger may be disclosed; or
118.126(2)
(2) A school psychologist, counselor, social worker or nurse, or any teacher or administrator designated by the school board who engages in alcohol or drug abuse program activities, who in good faith discloses or fails to disclose information under
sub. (1) is immune from civil liability for such acts or omissions. This subsection does not apply to information required to be reported under
s. 48.981.
118.127
118.127
Law enforcement agency information. 118.127(1)(1) Upon receipt of information from a law enforcement agency under
s. 48.396 (1) or
938.396 (1) (b) 2. or
(c) 3., the school district administrator or private school administrator who receives the information shall notify any pupil named in the information, and the parent or guardian of any minor pupil named in the information, of the information.
118.127(2)
(2) A school district or private school may disclose information from law enforcement officers' records obtained under
s. 938.396 (1) (c) 3. 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 (1) (c) 3. 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) Except as provided in
s. 120.13 (37m), 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 Cross-reference
Cross Reference: See also ch.
PI 9, Wis. adm. code.
118.13 Annotation
The use of an American Indian logo, mascot, or nickname by a public school could be a violation of s. 118.13, but is not a per se violation.
80 Atty. Gen. 321.
118.13 Annotation
When a 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
For a school system that was a dual system when Brown I was decided in 1954, the measure of the school board's post-Brown I conduct under its unsatisfied duty to liquidate the dual system was the effectiveness, not the purpose, of its actions to desegregate the system. Dayton Board of Education v. Brinkman,
443 U.S. 526 (1979).
118.13 Annotation
It is impermissible for a school district to rely upon an individual student's race in assigning that student to a particular school so that the racial balance at the school falls within a predetermined range based on the racial composition of the school district as a whole. Parents Involved in Community Schools v. Seattle School District No. 1, 551 U. S. ____,
168 L. Ed. 2d 508,
127 S. Ct. 2738 (2007)
118.135
118.135
Eye examinations and evaluations. 118.135(1)
(1) Beginning in the 2002-03 school year, each school board and each charter school shall request each pupil entering kindergarten to provide evidence that the pupil has had his or her eyes examined by an optometrist licensed under
ch. 449 or evaluated by a physician licensed under
ch. 448.
118.135(2)
(2) A pupil who complies with a request under
sub. (1) shall provide evidence of an eye examination or evaluation by December 31 following the pupil's enrollment in kindergarten. The school board or charter school shall provide pupils with the form distributed by the department of regulation and licensing under
s. 440.03 (16) for that purpose.
118.135(3)
(3) To the extent feasible, the medical examining board and the optometry examining board shall encourage physicians and optometrists, for the purpose of this section, to conduct free eye examinations or evaluations of pupils who are in financial need and do not have insurance coverage for eye examinations or evaluations.
118.135 History
History: 2001 a. 16.
118.14
118.14
Age of pupils; phase in of 4-year-old kindergarten. 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.
118.14(3)(a)(a) Except a provided in
par. (b), if a school board establishes a 4-year-old kindergarten program, the program shall be available to all pupils eligible for the program under
sub. (1) (a) or
s. 120.12 (25).
118.14(3)(b)
(b) A school board that was operating a 4-year-old kindergarten program in the 2007-08 school year that did not comply with
par. (a) shall make a 4-year-old kindergarten program available to all pupils eligible for the program under
sub. (1) (a) or
s. 120.12 (25) by the beginning of the 2013-14 school year.
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
(g) 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 juvenile correctional facility, as defined in
s. 938.02 (10p), a secured residential care center for children and youth, as defined in
s. 938.02 (15g), a juvenile detention facility, as defined in
s. 938.02 (10r), 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(1)(g)
(g) Paragraph (a) does not apply to a person having under control a child who is enrolled in a virtual charter school.
