Effective date note
NOTE: Par. (a) is shown as amended eff. 3-1-11 by
2009 Wis. Act 160. Prior to 3-1-11 it reads:
Effective date text
(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)(b)
(b) "Drug" means any substance recognized as a drug in the official U.S. pharmacopoeia and national formulary or official homeopathic pharmacopoeia of the United States or any supplement to either of them.
Effective date note
NOTE: Par. (b) is shown as repealed and recreated eff. 3-1-11 by
2009 Wis. Act 160. Prior to 3-1-11 it reads:
Effective date text
(b) "Drug" has the meaning specified in s. 450.01 (10).
118.29(1)(bg)
(bg) "Drug product" means a specific drug or drugs in a specific dosage form and strength from a known source of manufacture.
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. 256.15, a person certified as a first responder under
s. 256.15 (8) or any person licensed, certified, permitted or registered under
chs. 441 or
446 to
449.
118.29(1)(dm)
(dm) "Nonprescription drug product" means any nonnarcotic drug product which may be sold without a prescription order and which is prepackaged for use by consumers and labeled in accordance with the requirements of state and federal law.
118.29(1)(e)
(e) "Practitioner" means any physician, dentist, optometrist, physician assistant, advanced practice nurse prescriber, 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, any private school employee or volunteer authorized in writing by a private school administrator or private school principal, and any tribal school employee or volunteer authorized in writing by a tribal school administrator or tribal school principal:
118.29(2)(a)1.a.a. Except as provided in
subd. 1. b., may administer any nonprescription drug product 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, the nonprescription drug product is supplied by the pupil's parent or guardian in the original manufacturer's package, and the package lists the ingredients and recommended therapeutic dose in a legible format.
Effective date note
NOTE: Subd. 1. a. is shown as renumbered from subd. 1. and amended eff. 3-1-11 by
2009 Wis. Act 160. Prior to 3-1-11 it reads:
118.29 Note
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)1.b.
b. May administer a nonprescription drug product to a pupil in a dosage other than the recommended therapeutic dose only if the request to do so is accompanied by the written approval of the pupil's practitioner.
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; the prescription drug is supplied by the pupil's parent or guardian in the original pharmacy-labeled package; and the package specifies the name of the pupil, the name of the prescriber, the name of the prescription drug, the dose, the effective date, and the directions in a legible format.
Effective date note
NOTE: Subd. 2. is shown as amended eff. 3-1-11 by
2009 Wis. Act 160. Prior to 3-1-11 it reads:
Effective date text
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)2r.
2r. Except for glucagon administered under
subd. 2., may administer glucagon to any pupil who the school bus driver, employee, or volunteer knows is diabetic and who appears to be experiencing a severe low blood sugar event with altered consciousness if, as soon as practicable, the school bus operator, employee, or volunteer reports the event 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.
Effective date note
NOTE: Subd. 2r. is shown as amended eff. 3-1-11 by
2009 Wis. Act 160. Prior to 3-1-11 it reads:
Effective date text
2r. Except for glucagon administered under subd. 2., may administer glucagon to any pupil who appears to be experiencing a severe hypoglycemic event if, as soon as practicable, the school bus operator, employee, or volunteer reports the event to an emergency medical service provider.
118.29(2)(a)3.
3. Subject to
sub. (4m), is immune from civil liability for his or her acts or omissions in administering a nonprescription drug product or prescription drug to a pupil under
subd. 1.,
2.,
2m., or
2r. unless the act is in violation of
sub. (6) or the act or omission constitutes a high degree of negligence. This subdivision does not apply to health care professionals.
Effective date note
NOTE: Subd. 3. is shown as affected eff. 3-1-11 by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i). Prior to 3-1-11, subd. 3. reads:
Effective date text
3. Subject to sub. (4m), 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., 2m., or 2r. 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) Subject to
sub. (4m), any school district administrator, county children with disabilities education board administrator, cooperative educational service agency administrator, public, private, or tribal school principal, or private or tribal school administrator who authorizes an employee or volunteer to administer a nonprescription drug product 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 or the administrator or principal authorizes a person who has not received the required training under
sub. (6) to administer a nonprescription drug product or prescription drug to a pupil.
Effective date note
NOTE: Par. (b) is shown as affected eff. 3-1-11 by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i). Prior to 3-1-11, par. (b) reads:
Effective date text
(b) Subject to sub. (4m), any school district administrator, county children with disabilities education board administrator, cooperative educational service agency administrator, public, private, or tribal school principal, or private or tribal 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, private, or tribal 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, private, or tribal 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 nonprescription drug products or prescription drugs to pupils under this section shall adopt a written policy governing the administration of nonprescription drug products 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 school nurses 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 by a registered nurse licensed under
s. 441.06 or in a party state, as defined in
s. 441.50 (2) (j), for the storing of nonprescription drug products and prescription drugs, and for record keeping, including documenting the administration of each dose, including errors.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 3-1-11 by
2009 Wis. Act 160. Prior to 3-1-11 it reads:
Effective date text
(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(4m)
(4m) Applicability to tribal school employees. The immunity under
sub. (2) applies to a tribal school employee, administrator, or volunteer only if the governing body of the tribal school has adopted a written policy that complies with
sub. (4).
118.29(5)
(5) Exemption. No employee except a health care professional may be required to administer a nonprescription drug product or prescription drug to a pupil under this section by any means other than ingestion.
Effective date note
NOTE: Sub. (5) is shown as amended eff. 3-1-11 by
2009 Wis. Act 160. Prior to 3-1-11 it reads:
Effective date text
(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.
118.29(6)
(6) Training. Notwithstanding
sub. (2) (a) 1. to
2r., no school bus driver, employee, or volunteer may administer a nonprescription drug product or prescription drug under
sub. (2) (a) 1. or
2., use an epinephrine auto-injector under
sub. (2) (a) 2m., or administer glucagon under
sub. (2) (a) 2r. unless he or she has received training, approved by the department, in administering nonprescription drug products and prescription drugs. This subsection does not apply to health care professionals.
118.291
118.291
Asthmatic pupils; possession and use of inhalers. 118.291(1g)(a)
(a) "Asthma" means a chronic inflammatory disease of the airways, characterized by airway obstruction, which is at least partially reversible and which manifests as increased bronchial responsiveness to a variety of stimuli.
118.291(1g)(b)
(b) "School" includes a public, private, and tribal school.
118.291(1r)
(1r) 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(1r)(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(1r)(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(1r)(c)
(c) The pupil has provided the school principal with a copy of the approval or approvals under
par. (b).
118.291(2)(a)(a) No school district, school board or school district employee is civilly liable for injury 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. (1r) 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. (1r) had been satisfied.
118.291(2)(b)
(b) No private school or private school employee is civilly liable for injury to a pupil caused by a private school employee who prohibits a pupil from using an inhaler because of the employee's good faith belief that the requirements of
sub. (1r) 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. (1r) had been satisfied.
118.291(2)(c)
(c) No tribal school or tribal school employee is civilly liable for injury to a pupil caused by a tribal school employee who prohibits a pupil from using an inhaler because of the employee's good faith belief that the requirements of
sub. (1r) 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. (1r) had been satisfied.
118.295
118.295
Suicide intervention; civil liability exemption. Any school board, private school, tribal 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)(1) 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(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. The school board may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.
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)(a)3.
3. The governing body of each private school participating in the program under
s. 119.23 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.
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
subs. (6) and
(7), 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.
118.30(1m)(a)2.
2. Except as provided in
sub. (7), 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.
118.30(1m)(am)1.1. Except as provided in
subs. (6) and
(7), 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.
118.30(1m)(am)2.
2. Except as provided in
sub. (7), 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.
118.30(1m)(b)
(b) Except as provided in
sub. (7), 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(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) to all pupils enrolled in the charter school in the 4th grade.
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.
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) to all pupils enrolled in the charter school in the 8th grade.
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.
118.30(1r)(b)
(b) Administer the 10th grade examination to all pupils enrolled in the charter school in the 10th grade.
118.30(1s)(a)(a) Except as provided in
par. (b), annually, the governing body of each private school participating in the program under
s. 119.23 shall do all of the following:
118.30(1s)(a)1.
1. Administer the 4th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils attending the 4th grade in the private school under
s. 119.23.
118.30(1s)(a)2.
2. Administer the 8th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils attending the 8th grade in the private school under
s. 119.23.
