118.293
118.293
Concussion and head injury. 118.293(1)(a)
(a) "Credential" means a license or certificate of certification issued by this state.
118.293(1)(am)
(am) "Health care provider" means a person to whom all of the following apply:
118.293(1)(am)1.
1. He or she holds a credential that authorizes the person to provide health care.
118.293(1)(am)2.
2. He or she is trained and has experience in evaluating and managing pediatric concussions and head injuries.
118.293(1)(am)3.
3. He or she is practicing within the scope of his or her credential.
118.293(1)(c)
(c) "Youth athletic activity" means an organized athletic activity in which the participants, a majority of whom are under 19 years of age, are engaged in an athletic game or competition against another team, club, or entity, or in practice or preparation for an organized athletic game or competition against another team, club, or entity. "Youth athletic activity" does not include a college or university activity or an activity that is incidental to a nonathletic program.
118.293(2)
(2) In consultation with the Wisconsin Interscholastic Athletic Association, the department shall develop guidelines and other information for the purpose of educating athletic coaches and pupil athletes and their parents or guardians about the nature and risk of concussion and head injury in youth athletic activities.
118.293(3)
(3) At the beginning of a season for a youth athletic activity, the person operating the youth athletic activity shall distribute a concussion and head injury information sheet to each person who will be coaching that youth athletic activity and to each person who wishes to participate in that youth athletic activity. No person may participate in a youth athletic activity unless the person returns the information sheet signed by the person and, if he or she is under the age of 19, by his or her parent or guardian.
118.293(4)(a)(a) An athletic coach, or official involved in a youth athletic activity, or health care provider shall remove a person from the youth athletic activity if the coach, official, or health care provider determines that the person exhibits signs, symptoms, or behavior consistent with a concussion or head injury or the coach, official, or health care provider suspects the person has sustained a concussion or head injury.
118.293(4)(b)
(b) A person who has been removed from a youth athletic activity under
par. (a) may not participate in a youth athletic activity until he or she is evaluated by a health care provider and receives a written clearance to participate in the activity from the health care provider.
118.293(5)(a)(a) Any athletic coach, official involved in an athletic activity, or volunteer who fails to remove a person from a youth athletic activity under
sub. (4) (a) is immune from civil liability for any injury resulting from that omission unless it constitutes gross negligence or willful or wanton misconduct.
118.293(5)(b)
(b) Any volunteer who authorizes a person to participate in a youth athletic activity under
sub. (4) (b) is immune from civil liability for any injury resulting from that act unless the act constitutes gross negligence or willful or wanton misconduct.
118.293(6)
(6) This section does not create any liability for, or a cause of action against, any person.
118.293 History
History: 2011 a. 172.
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)(a)4.
4. The governing body of each private school participating in the program under
s. 118.60 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.
118.30(1s)(a)3.
3. Administer the 10th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils attending the 10th grade in the private school under
s. 119.23.
118.30(1s)(a)4.
4. Administer to pupils attending the private school under
s. 119.23 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under
20 USC 6311 (b) (3).
118.30(1s)(b)
(b) If, before January 1, 2010, the state superintendent notifies in writing the cochairpersons of the joint committee on finance and the chairpersons of the appropriate standing committees in each house of the legislature that the department will adopt or approve substantially redesigned examinations under
sub. (1) to be initially administered to pupils in the 2011-12 school year, then, in the 2010-11 school year, the governing body of each private school participating in the program under
s. 119.23 shall administer nationally normed standardized tests in reading, mathematics, and science to pupils attending the school under
s. 119.23 in the 4th, 8th, and 10th grades instead of administering the examinations under
par. (a).
118.30(1t)
(1t) Annually, the governing body of each private school participating in the program under
s. 118.60 shall do all of the following:
118.30(1t)(a)
(a) 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. 118.60.
118.30(1t)(b)
(b) 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. 118.60.
118.30(1t)(c)
(c) Administer the 10th grade examination adopted or approved by the state superintendent under
sub. (1) to all pupils attending the 10th grade in the private school under
s. 118.60.
118.30(1t)(d)
(d) Administer to pupils attending the private school under
s. 118.60 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under
20 USC 6311 (b) (3).
118.30(2)(a)(a) To the extent possible, all examinations under this section shall be free of bias.
118.30(2)(b)1.1. If a pupil is enrolled in a special education program under
subch. V of ch. 115, the school board, operator of the charter school under
s. 118.40 (2r), governing body of the private school participating in the program under
s. 118.60, or governing body of the private school participating in the program under
s. 119.23 shall comply with
s. 115.77 (1m) (bg).
118.30(2)(b)2.
2. According to criteria established by the state superintendent by rule, the school board, operator of the charter school under
s. 118.40 (2r), governing body of the private school participating in the program under
s. 118.60, or governing body of the private school participating in the program under
s. 119.23 may determine not to administer an examination under this section to a limited-English speaking 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)(b)5.
5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under
s. 119.23 shall excuse the pupil from taking an examination administered under
sub. (1s) (a) 1. to
3.
118.30(2)(b)6.
6. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under
s. 118.60 shall excuse the pupil from taking an examination administered under
sub. (1t) (a) to
(c).
118.30(2)(c)
(c) The results of examinations administered under this section or under
20 USC 6311 (b) (3) to pupils enrolled in public schools, including charter schools, may not be used as the sole reason to discharge, suspend, or formally discipline a teacher or as the sole 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(3)(a)(a) The state superintendent shall allow a person to view an examination required to be administered under this section if the person submits to the state superintendent a written request to do so within 90 days after the date of administration of the examination. This paragraph does not apply while an examination is being developed or validated.
118.30(3)(b)
(b) The state superintendent shall promulgate rules establishing procedures to administer
par. (a). To the extent feasible, the rules shall protect the security and confidentiality of the examinations required to be administered under this section.
118.30(4)
(4) The department shall study the utility of administering technology-based performance assessments to pupils.
118.30(5)
(5) Beginning in the 2014-15 school year, the department shall ensure that benchmark assessments are administered to pupils annually under this section prior to the administration of summative assessments under this section.
118.30(5m)
(5m) When determining the percentage of pupils participating in the program under
s. 119.23 who performed at designated proficiency levels on the examinations administered as required under
sub. (1s), the department shall consider only the pupils participating in the program under
s. 119.23 to whom the examinations were administered at each grade level, and shall exclude from consideration those pupils participating in the program under
s. 119.23 who were excused from taking the examinations under
sub. (2) (b) 5.
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.
118.30(7)
(7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under
sub. (1m) regardless of the location of the charter school.
118.30 History
History: 1991 a. 269;
1993 a. 16,
367;
1995 a. 27 ss.
3971b to
3971yd,
9145 (1);
1997 a. 27,
164,
237;
1999 a. 9,
19,
32,
185,
186;
2001 a. 16,
109;
2003 a. 33;
2009 a. 28,
60;
2011 a. 32,
105.
118.30 Cross-reference
Cross-reference: See also ch.
PI 28, Wis. adm. code.
118.305
118.305
Use of seclusion and physical restraint. 118.305(1)(c)1.1. "Covered individual" means all of the following, except as provided in
subd. 2.:
118.305(1)(c)1.a.
a. An individual who is employed by a governing body, or under contract with a governing body as an independent contractor, to provide services for the benefit of the school governed by the governing body.
118.305(1)(c)1.b.
b. An individual who is employed by a person under contract with a governing body to provide services for the benefit of the school governed by the governing body.
118.305(1)(c)1.c.
c. An individual who is engaged in student teaching under the supervision of an individual described in
subd. 1. a.
118.305(1)(c)2.
2. "Covered individual" does not include any of the following:
