118.305(4)(c)2.
2. The total number of pupils who were involved in the incidents and the number of children with disabilities who were involved in the incidents.
118.305(5)
(5) Child with a disability. The first time that seclusion or physical restraint is used on a child with a disability, the child's individualized education program team shall convene in the manner provided in
s. 115.787 (4) as soon as possible after the incident. The child's individualized education program team shall review the child's individualized education program to ensure that it contains appropriate positive behavioral interventions and supports and other strategies to address the behavior of concern, as provided in
s. 115.787 (2) (i), and revise it if necessary.
118.305(6)(a)(a) Except as provided in
par. (c), no covered individual may use physical restraint on a pupil at school unless he or she has received training in the use of physical restraint that includes all of the following components:
118.305(6)(a)2.
2. An identification and description of dangerous behavior that may indicate the need for physical restraint and methods of evaluating risk of harm in order to determine whether physical restraint is warranted.
118.305(6)(a)3.
3. Experience in administering and receiving various types of physical restraint.
118.305(6)(a)4.
4. Instruction regarding the effects of physical restraint on the person restrained, in monitoring signs of physical distress, and in obtaining medical assistance.
118.305(6)(a)5.
5. Instruction in documenting and reporting incidents of physical restraint.
118.305(6)(a)6.
6. A requirement that the trainee demonstrate proficiency in administering physical restraint.
118.305(6)(b)
(b) The governing body shall ensure that all of the following apply in each school that it operates in which physical restraint is used:
118.305(6)(b)1.
1. At least one covered individual has received training in the use of physical restraint under
par. (a).
118.305(6)(b)2.
2. The school maintains a record of the training received by the covered individual under
par. (a), including the period during which the training is considered valid by the entity that trained the covered individual.
118.305(6)(c)
(c) A covered individual who has not received training in the use of physical restraint under
par. (a) may use physical restraint on a pupil at school only in an emergency and only if a covered individual who has received training in the use of physical restraint under
par. (a) is not immediately available due to the unforeseen nature of the emergency.
118.305(7)
(7) Construction. Nothing in this section prohibits a covered individual from doing any of the following at school if the pupil is not confined to an area from which he or she is physically prevented from leaving:
118.305(7)(a)
(a) Directing a pupil who is disruptive to temporarily separate himself or herself from the general activity in the classroom to allow the pupil to regain behavioral control and the covered individual to maintain or regain classroom order.
118.305(7)(b)
(b) Directing a pupil to temporarily remain in the classroom to complete tasks while other pupils participate in activities outside the classroom.
118.305(7)(c)
(c) Briefly touching or holding a pupil's hand, arm, shoulder, or back to calm, comfort, or redirect the pupil.
118.305 History
History: 2011 a. 125, s. 13.92 (1) (bm) 2.
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.
118.31 Note
NOTE: This section was created by
1987 Wis. Act 303. Section 1 of that act is entitled "Legislative findings and purpose".
118.32
118.32
Strip search by school employee. Any official, employee or agent of any school or school district is prohibited under
s. 948.50 from conducting a strip search of any pupil.
118.32 History
History: 1983 a. 489;
1987 a. 332 s.
64.
118.325
118.325
Locker searches. An official, employee or agent of a school or school district may search a pupil's locker as determined necessary or appropriate without the consent of the pupil, without notifying the pupil and without obtaining a search warrant if the school board has adopted a written policy specifying that the school board retains ownership and possessory control of all pupil lockers and designating the positions of the officials, employees or agents who may conduct searches, and has distributed a copy of the policy to pupils enrolled in the school district.
118.325 History
History: 1997 a. 329.
118.33
118.33
High school graduation standards; criteria for promotion. 118.33(1)(a)
(a) Except as provided in
pars. (d) and
(e), a school board may not grant a high school diploma to any pupil unless the pupil has earned:
118.33(1)(a)1.
1. In the high school grades, at least 4 credits of English including writing composition, 3 credits of social studies including state and local government, 2 credits of mathematics, 2 credits of science and 1.5 credits of physical education. The school board shall award a pupil a science credit for successfully completing in the high school grades each course in agriculture that the department has determined qualifies as science according to criteria established by the department.
118.33(1)(a)2.
2. In grades 7 to 12, at least 0.5 credit of health education.
118.33(1)(am)
(am) The state superintendent shall encourage school boards to require an additional 8.5 credits selected from any combination of vocational education, foreign languages, fine arts and other courses.
118.33(1)(b)
(b) A school board may not grant a high school diploma to any pupil unless, during the high school grades, the pupil has been enrolled in a class or has participated in an activity approved by the school board during each class period of each school day, or the pupil has been enrolled in an alternative education program, as defined in
s. 115.28 (7) (e) 1. Nothing in this paragraph prohibits a school board from establishing a program that allows a pupil enrolled in the high school grades who has demonstrated a high level of maturity and personal responsibility to leave the school premises for up to one class period each day if the pupil does not have a class scheduled during that class period.
118.33(1)(c)
(c) A school board may require a pupil to participate in community service activities in order to receive a high school diploma.
118.33(1)(d)
(d) A school board may grant a high school diploma to a pupil who has not satisfied the requirements under
par. (a) if all of the following apply:
118.33(1)(d)2.
2. The school board determines that the pupil has demonstrated a level of proficiency in the subjects listed in
par. (a) equivalent to that which he or she would have attained if he or she had satisfied the requirements under
par. (a).
118.33(1)(e)
(e) A school board may allow a pupil who participates in sports or in another organized physical activity, as determined by the school board, to complete an additional 0.5 credit in English, social studies, mathematics, science, or health education in lieu of 0.5 credit in physical education.
118.33(1)(f)1.1. By September 1, 2004, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under
par. (a). The criteria shall include the pupil's academic performance, and the recommendations of teachers. Except as provided in
subds. 2. and
4., the criteria apply to pupils enrolled in charter schools located in the school district.
118.33(1)(f)2.
2. By September 1, 2004, each operator of a charter school under
s. 118.40 (2r) that operates high school grades shall develop a policy specifying criteria for granting a high school diploma. The criteria shall include the pupil's academic performance, and the recommendations of teachers.
118.33(1)(f)2m.
2m. The governing body of each private school participating in the program under
s. 119.23 shall develop a policy specifying criteria for granting a high school diploma to pupils attending the private school under
s. 119.23. The criteria shall include the pupil's academic performance and the recommendations of teachers.
118.33(1)(f)2r.
2r. The governing body of each private school participating in the program under
s. 118.60 shall develop a policy specifying criteria for granting a high school diploma to pupils attending the private school under
s. 118.60. The criteria shall include the pupil's academic performance and the recommendations of teachers.
118.33(1)(f)3.
3. Beginning on September 1, 2005, neither a school board nor an operator of a charter school under
s. 118.40 (2r) may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under
subd. 1. or
2. Beginning on September 1, 2010, the governing body of a private school participating in the program under
s. 119.23 may not grant a high school diploma to any pupil attending the private school under
s. 119.23 unless the pupil has satisfied the criteria specified in the governing body's policy under
subd. 2m. The governing body of a private school participating in the program under
s. 118.60 may not grant a high school diploma to any pupil attending the private school under
s. 118.60 unless the pupil has satisfied the criteria specified in the governing body's policy under
subd. 2r.
118.33(1)(f)4.
4. 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, the criteria specified in the policy developed by that school board under
subd. 1. apply to pupils enrolled in the charter school, regardless of the location of the charter school.
118.33(1)(g)1.1. A school board may grant a technical education high school diploma to a pupil who does all of the following:
118.33(1)(g)1.b.
b. Earns in the high school grades the same total number of credits that the school board requires of other pupils for high school graduation.
118.33(1)(g)1.c.
c. Successfully completes a technical education program, established by the school board, in a subject or subjects.
118.33(1)(g)2.
2. In establishing a technical education program under
subd. 1. c., the school board may incorporate standards for industry-recognized certifications. Annually, the department shall provide to each school board operating high school grades a list of such certifications. The school board shall indicate on a pupil's technical education high school diploma the certifications attained by the pupil.
118.33(2)
(2) The state superintendent shall:
118.33(2)(c)
(c) Establish course requirements under
sub. (1) (a) and approve any school board's high school graduation standards policy that is equivalent to the requirements under
sub. (1).
118.33(2)(m)
(m) Adopt policies to accommodate pupils with exceptional educational interests, needs or requirements, not limited to children with disabilities, as defined under
s. 115.76 (5).
118.33(3)
(3) By September 1, 1986, each school board operating high school grades shall submit to the state superintendent a report describing the school board's policies and guidelines on high school graduation standards, including a list of courses required under
sub. (1) (a) and the number of hours in each school term required to earn one credit under
sub. (1) (a), and thereafter shall notify the state superintendent whenever changes are made in such policies or guidelines. The department shall make reasonable efforts to combine the reports required under this subsection with other required school board reports.
118.33(3m)
(3m) A course taken at a technical college by a child attending the school part-time or in lieu of high school under
s. 118.15 (1) (b), or attending the school under
s. 118.15 (1) (cm), does not fulfill any of the high school graduation requirements under
sub. (1) (a) unless the state superintendent has approved the course for that purpose. If a pupil satisfies all of the high school graduation requirements under
sub. (1), the school board shall grant a high school diploma to the pupil regardless of whether the pupil satisfied all or a portion of the requirements while attending an institution of higher education under
s. 118.55 or a technical college.
118.33(4)(a)(a) The state superintendent shall establish procedures for school boards to certify to the state superintendent whether they are in compliance with the requirements under
sub. (1) and the rules promulgated under
sub. (2).
118.33(4)(b)
(b) The state superintendent may periodically review school district high school graduation standards and shall notify any school board not in compliance with the requirements under
sub. (1) or the rules promulgated under
sub. (2), identifying the changes necessary.
118.33(5)
(5) The department shall include in its biennial report under
s. 15.04 (1) (d) information on the status of statewide high school graduation standards.
118.33(6)(a)1.1. Each school board shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under
s. 118.30 (1m) (a) or
(am), unless the pupil has been excused from taking the examination under
s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the school board. Except as provided in
par. (b) 1. and
3., the criteria apply to pupils enrolled in charter schools located in the school district.
118.33(6)(a)2.
2. Except as provided in
par. (b) 2. and
3., a school board may not promote a 4th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 5th grade, and may not promote an 8th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the school board's policy adopted under
subd. 1.
118.33(6)(b)1.1. Each operator of a charter school under
s. 118.40 (2r) shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under
s. 118.30 (1r) (a) or
(am), unless the pupil has been excused from taking the examination under
s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the operator of the charter school.
118.33(6)(b)2.
2. Beginning on September 1, 2002, an operator of a charter school under
s. 118.40 (2r) may not promote a 4th grade pupil to the 5th grade, and may not promote an 8th grade pupil to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the charter school operator's policy under
subd. 1.
118.33(6)(b)3.
3. 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, the criteria specified in the policy adopted by that school board under
par. (a) 1. apply to pupils enrolled in the charter school and that school board is subject to the prohibitions in
par. (a) 2. with respect to pupils enrolled in the charter school, regardless of the location of the charter school.
118.33(6)(c)1.1. The governing body of each private school participating in the program under
s. 119.23 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under
s. 119.23 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under
s. 118.30 (1s) (a) 1. or
2., unless the pupil has been excused from taking the examination under
s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.
118.33(6)(c)2.
2. Beginning on September 1, 2010, the governing body of a private school participating in the program under
s. 119.23 may not promote a 4th grade pupil who is attending the private school under
s. 119.23 to the 5th grade, and may not promote an 8th grade pupil who is attending the private school under
s. 119.23 to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the governing body's policy under
subd. 1.
118.33(6)(cm)1.1. Except as provided in
subds. 2. and
3., beginning on September 1, 2011, a school board may not enroll a child in the first grade in a school in the school district, including in a charter school located in the school district, unless the child has completed 5-year-old kindergarten. Each school board that operates a 5-year-old kindergarten program shall adopt a written policy specifying the criteria for promoting a pupil from 5-year-old kindergarten to the first grade.
118.33(6)(cm)2.
2. Each school board that operates a 5-year-old kindergarten program shall establish procedures, conditions, and standards for exempting a child from the requirement that the child complete kindergarten as a prerequisite to enrollment in the first grade and for reviewing the denial of an exemption upon the request of the pupil's parent or guardian.
