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 against a pupil, but may use law enforcement officers' records obtained under
s. 938.396 (1) (c) 3. as the sole basis for taking action against a pupil under the school district's athletic code.
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 containing a number of signatures of school district electors equal to at least 10 percent of the school district's membership, as defined in
s. 121.004 (5), with the state superintendent. A signature on a complaint is valid only if the signature is obtained within the 120-day period before the complaint is filed with the state superintendent. 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 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), refer the complaint to the division of hearings and appeals for a contested case hearing. The division of hearings and appeals shall schedule a hearing on the referred complaint with reasonable promptness.
118.134(1m)(a)(a) The state superintendent may determine that no contested case hearing is necessary 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)2.
2. A federally recognized American Indian tribe that has historical ties to this state has entered into an agreement with the school board under which the tribe grants approval to the school board to refer to, depict, or portray the tribe or American Indians, in general, in a specific nickname, logo, or mascot or to use the name of the tribe or American Indians, in general, as a team name in the specific manner used by the school board.
118.134(1m)(a)3.
3. The use of the nickname, logo, mascot, or team name that has been approved by a tribe under
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 determines that a contested case hearing is not necessary, 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. A decision under this paragraph is subject to judicial review under
ch. 227.
118.134(2)
(2) 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 race-based nickname, logo, mascot, or team name promotes discrimination, pupil harassment, or stereotyping, as defined by the state superintendent by rule.
118.134(3)(a)(a) The division of hearings and appeals shall issue a decision and order within 45 days after the hearing. If the division of hearings and appeals finds that the use of the race-based nickname, logo, mascot, or team name does not promote discrimination, pupil harassment, or stereotyping, the division of hearings and appeals shall dismiss the complaint. Except as provided in
pars. (b) and
(d), if the division of hearings and appeals finds that the use of the race-based nickname, logo, mascot, or team name promotes discrimination, pupil harassment, or stereotyping, the division of hearings and appeals 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 division of hearings and appeals 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 division of hearings and appeals 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 division of hearings and appeals may extend the time granted to a school board under
subd. 2. a. if the school board presents evidence to the division of hearings and appeals 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 under this subsection are subject to judicial review under
ch. 227. The venue for a proceeding to review a decision under this section is the circuit court in any county in which territory of the school district is located.
118.134(3)(d)
(d) No school district is required to comply with a decision and order issued under this subsection before December 21, 2013, to terminate the use of a race-based nickname, logo, mascot, or team name.
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(3r)
(3r) A school district may not be a member of an interscholastic athletic association that prohibits the use of a nickname, logo, mascot, or team name on the basis that the nickname, logo, mascot, or team name is race-based unless the use of the nickname, logo, mascot, or team name violates a decision and order issued under
sub. (3) on or after December 21, 2013.
118.134(4)(a)(a) Except as provided in
par. (b), the state superintendent shall promulgate rules necessary to implement and administer this section.
118.134(4)(b)
(b) The state superintendent may not promulgate a rule that creates a presumption that a nickname, logo, mascot, or team name is race-based or promotes discrimination, pupil harassment, or stereotyping.
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. The state superintendent may not assess or collect a forfeiture under this subsection for a use that violates a decision and order issued under
sub. (3) before December 21, 2013.
118.134 History
History: 2009 a. 250;
2011 a. 32;
2013 a. 115;
2013 a. 151 s.
28; s. 35.17 correction in (1m) (b).
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 safety and professional services 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;
2011 a. 32.
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 or of a tribal 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 or tribal 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 tribal school, 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, private, or tribal 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)(am)
(am) Except as provided under
par. (d), unless the child is excused under
sub. (3), any person having under his or her control a child who is enrolled in 5-year-old kindergarten shall cause the child to attend school regularly, religious holidays excepted, during the full period and hours that kindergarten is in session at the public or private school in which the child is enrolled until the end of the school term.
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.
