118.125(3)
(3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm, on an optical disk, or in electronic format if authorized under
s. 19.21 (4) (c), or in such other form as the school board deems appropriate. A school board shall maintain law enforcement officers' records obtained under
s. 48.396 (1) or
938.396 (1) (b) 2. or
(c) 3. separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under
ch. 985.
118.125(4)
(4) Transfer of records. Within 5 working days, a school district and a private school participating in the program under
s. 119.23 shall transfer to another school, including a private or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in
s. 938.02 (10p), or a secured residential care center for children and youth, as defined in
s. 938.02 (15g). In this subsection, "school" and "school district" include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.
118.125 Note
NOTE: Sub. (4) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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);
2009 a. 11,
28,
209,
302,
309; s. 13.92 (2) (i).
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. A school district, private school, or tribal 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 or tribal school as teachers, and to other school district, private school, or tribal school officials who have been determined by the school board or governing body of the private school or tribal 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, private school, or tribal school, the school district, private school, or tribal school may also disclose that information to those employees of the school district, private school, or tribal school who have been designated by the school board or governing body of the private school or tribal school to receive that information for the purpose of providing treatment programs for pupils enrolled in the school district, private school, or tribal 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.
118.13
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
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. 701,
127 S. Ct. 2738,
168 L. Ed. 2d 508 (2007)
118.134
118.134
Race-based nicknames, logos, mascots, and team names. 118.134(1)(1) Notwithstanding
s. 118.13 and except as provided in
sub. (3m), a school district resident may object to the use of a race-based nickname, logo, mascot, or team name by the school board of that school district by filing a complaint with the state superintendent. If the complainant objects to the use of a nickname or team name by the school board, the state superintendent shall immediately review the complaint and determine whether the use of the nickname or team name by the school board, alone or in connection with a logo or mascot, is ambiguous as to whether it is race-based. The state superintendent shall do all of the following:
118.134(1)(a)
(a) Notify the school board of the receipt of the complaint and of the state superintendent's determination regarding whether the use of the nickname or team name is ambiguous as to whether it is race-based and direct the school board to submit, if applicable, any of the information under
sub. (1m) (a).
118.134(1)(b)
(b) Except as provided in
sub. (1m), schedule a contested case hearing within 45 days after the complaint is filed.
118.134(1m)(a)(a) The state superintendent may determine that no contested case hearing is necessary or that a hearing date may be postponed for the purpose of obtaining additional information from the school board if, no later than 10 days after being notified of the receipt of the complaint, the school board submits evidence to the state superintendent that demonstrates all of the following:
118.134(1m)(a)1.
1. The nickname, logo, mascot, or team name that is used by the school board and that is the basis of the complaint is a reference to or depiction or portrayal of or the name of a specific, federally recognized, American Indian tribe.
118.134(1m)(a)2.
2. The federally recognized American Indian tribe under
subd. 1. has granted approval to the school board to refer to or depict or portray the tribe in a nickname, logo, or mascot or to use the name of the tribe as a team name in the specific manner used by the school board and has not rescinded that approval.
118.134(1m)(a)3.
3. The use of the nickname, logo, mascot, or team name that has been approved by the tribe as provided in
subd. 2. is the use to which the school district resident objects in the complaint filed under
sub. (1).
118.134(1m)(b)
(b) If the state superintendent does any of the following, the state superintendent shall notify the school district resident who filed the complaint under
sub. (1) and the school board of his or her decision in writing:
118.134(1m)(b)1.
1. Determines that a contested case hearing is not necessary. A decision under this subdivision is subject to judicial review under
ch. 227.
118.134(2)(a)(a) Except as provided in
par. (b), at the hearing, the school board has the burden of proving by clear and convincing evidence that the use of the race-based nickname, logo, mascot, or team name does not promote discrimination, pupil harassment, or stereotyping, as defined by the state superintendent by rule.
118.134(2)(b)1.1. Except as provided in
subd. 2., if the state superintendent determined under
sub. (1) that the use of a nickname or team name by a school board is ambiguous as to whether it is race-based, the use of the nickname or team name by the school board shall be presumed to be not race-based and at the hearing the school district resident who filed the complaint under
sub. (1) has the burden of proving by clear and convincing evidence that the use of the nickname or team name by the school board promotes discrimination, pupil harassment, or stereotyping, as defined by the state superintendent by rule.
118.134(2)(b)2.
2. If the state superintendent determined under
sub. (1) that the use of a nickname or team name by a school board is ambiguous as to whether it is race-based but that the use of the nickname or team name in connection with a logo or mascot is race-based, at the hearing the school board has the burden of proving by clear and convincing evidence that the use of the nickname or team name in connection with the logo or mascot does not promote discrimination, pupil harassment, or stereotyping, as defined by the state superintendent by rule.
118.134(3)(a)(a) The state superintendent shall issue a decision and order within 45 days after the hearing. If the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name does not promote discrimination, pupil harassment, or stereotyping, the state superintendent shall dismiss the complaint. Except as provided in
par. (b), if the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name promotes discrimination, pupil harassment, or stereotyping, the state superintendent shall order the school board to terminate its use of the race-based nickname, logo, mascot, or team name within 12 months after issuance of the order.
118.134(3)(b)1.1. In this paragraph, "extenuating circumstances" includes circumstances in which the costs of compliance with an order issued under
par. (a) pose an undue financial burden on the school district and circumstances in which the work or the requirements for bidding a contract to complete the work required to bring the school district into compliance with the order issued under
par. (a) cannot be completed within 12 months after the issuance of the order.
118.134(3)(b)2.a.a. If, at the hearing under
sub. (2) or after a decision and order have been issued under
par. (a), the school board presents evidence to the state superintendent that extenuating circumstances render full compliance with the decision and order within 12 months after the issuance of that decision and order impossible or impracticable, the state superintendent may issue an order to extend the time within which the school board must terminate its use of the race-based nickname, logo, mascot, or team name. Except as provided in
subd. 2. b., the extension may not exceed 24 months and shall apply only to those portions of the decision and order to which extenuating circumstances apply.
118.134(3)(b)2.b.
b. The state superintendent may extend the time granted to a school board under
subd. 2. a. if the school board presents evidence to the state superintendent that compliance with a portion of the decision and order issued under
par. (a) may be accomplished through a regularly scheduled maintenance program and that the cost of compliance with that portion of the decision and order exceeds $5,000. The extension granted under this
subd. 2. b. may not exceed 96 months and applies only to that portion of the decision and order with which compliance will be accomplished through the regularly scheduled maintenance program and that costs more than $5,000.
118.134(3)(c)
(c) Decisions of the state superintendent under this subsection are subject to judicial review under
ch. 227.
118.134(3m)
(3m) A pupil attending a public school in a nonresident school district under
s. 118.51 may not file a complaint under
sub. (1) in which the pupil objects to the use of a race-based nickname, logo, mascot, or team name by the school board of the nonresident school district.
118.134(4)
(4) The state superintendent shall promulgate rules necessary to implement and administer this section.
118.134(5)
(5) Any school board that uses a race-based nickname, logo, mascot, or team name in violation of
sub. (3) shall forfeit not less than $100 nor more than $1,000. Each day of use of the race-based nickname, logo, mascot, or team name in violation of
sub. (3) constitutes a separate violation.
118.134 History
History: 2009 a. 250.
118.134 Cross-reference
Cross-reference: See also ch.
PI 45, Wis. adm. code.
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.
