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.
118.292
118.292
Possession and use of epinephrine auto-injectors. 118.292(1g)(a)
(a) “Emergency situation" means a situation in which a pupil reasonably believes that he or she is experiencing a severe allergic reaction, including anaphylaxis, that requires the administration of epinephrine to avoid severe injury or death.
118.292(1g)(b)
(b) “Epinephrine auto-injector" means a device used for the automatic injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.
118.292(1g)(c)
(c) “School" includes a public, private, and tribal school.
118.292(1r)
(1r) While in school, at a school-sponsored activity or under the supervision of a school authority, a pupil may possess and use an epinephrine auto-injector if all of the following are true:
118.292(1r)(a)
(a) The pupil uses the epinephrine auto-injector to prevent the onset or alleviate the symptoms of an emergency situation.
118.292(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.
118.292(1r)(c)
(c) The pupil has provided the school principal with a copy of the approval or approvals under
par. (b).
118.292(2)
(2) No school board, school district, private school, or tribal school, or any employee of the foregoing, is civilly liable for an injury incurred by any of the following:
118.292(2)(a)
(a) A pupil as a result of using an epinephrine auto-injector under
sub. (1r).
118.292(2)(b)
(b) Any person as a result of a pupil possessing or using an epinephrine auto-injector under
sub. (1r).
118.292 History
History: 2011 a. 85.
118.2925
118.2925
Life-threatening allergies in schools; use of epinephrine auto-injectors. 118.2925(1)(a)
(a) “Administer" means the direct application of an epinephrine auto-injector to a person's body.
118.2925(1)(b)
(b) “Advanced practice nurse prescriber" means an advanced practice nurse who is certified under
s. 441.16.
118.2925(1)(c)
(c) “Designated school personnel" means an employee, agent, or volunteer of a school, designated by the governing body of the school, who has completed the training specified in the plan adopted by the governing body of the school in
sub. (2) (a).
118.2925(1)(d)
(d) “Epinephrine auto-injector" means a device used for the automatic injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.
118.2925(1)(e)
(e) “Physician" means a person licensed to practice medicine and surgery under
ch. 448.
118.2925(1)(g)
(g) “School" means a public, private, or tribal school.
118.2925(1)(h)
(h) “Self-administer" means to administer an epinephrine auto-injector to one's own body.
118.2925(2)(a)(a) The governing body of a school may adopt a plan for the management of pupils attending the school who have life-threatening allergies. If the governing body of a school does so, it shall specify in the plan the training necessary to perform the activities under
sub. (4). The governing body of a school may not adopt a plan unless it has been approved by a physician.
118.2925(2)(b)
(b) The governing body of a school that has adopted a plan under
par. (a) shall make the plan available on the governing body's Internet site or the Internet site of each school under its jurisdiction or, if an Internet site does not exist, give a copy of the plan to any person upon request.
118.2925(3)
(3) Prescriptions for schools. A physician, an advanced practice nurse prescriber, or a physician assistant may prescribe epinephrine auto-injectors in the name of a school that has adopted a plan under
sub. (2) (a), to be maintained by the school for use under
sub. (4).
118.2925(4)
(4) Use of epinephrine auto-injectors. The governing body of a school that has adopted a plan under
sub. (2) (a) may authorize a school nurse or designated school personnel to do any of the following on school premises or at a school-sponsored activity:
118.2925(4)(a)
(a) Provide an epinephrine auto-injector to a pupil to self-administer the epinephrine auto-injector in accordance with a prescription specific to the pupil that is on file with the school.
118.2925(4)(b)
(b) Administer an epinephrine auto-injector to a pupil in accordance with a prescription specific to the pupil that is on file with the school.
118.2925(4)(c)
(c) Administer an epinephrine auto-injector to a pupil or other person who the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis in accordance with a standing protocol from a physician, an advanced practice nurse prescriber, or a physician assistant, regardless of whether the pupil or other person has a prescription for an epinephrine auto-injector. If the pupil or other person does not have a prescription for an epinephrine auto-injector, or the person who administers the epinephrine auto-injector does not know whether the pupil or other person has a prescription for an epinephrine auto-injector, the person who administers the epinephrine auto-injector shall, as soon as practicable, report the administration 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.
118.2925(4m)(a)(a) The authority to self-administer an epinephrine auto-injector under
sub. (4) (a) is independent of the authorized possession and use of an epinephrine auto-injector under
s. 118.292 (1r).
118.2925(5)
(5) Immunity from civil liability; exemption from practice of medicine. A school and its designated school personnel, and a physician, advanced practice nurse prescriber, or physician assistant who provides a prescription or standing protocol for school epinephrine auto-injectors, are not liable for any injury that results from the administration or self-administration of an epinephrine auto-injector under this section, regardless of whether authorization was given by the pupil's parent or guardian or by the pupil's physician, physician assistant, or advanced practice nurse prescriber, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct. The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under
s. 895.48.
118.2925(6m)
(6m) Health care professionals. Nothing in this section prohibits a health care professional, as defined in
s. 118.29 (1) (c), from acting within the scope of practice of the health care professional's license, certificate, permit, or registration.
118.2925 History
History: 2013 a. 239.
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)(a)(a) 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(3)(b)1.1. Notwithstanding
par. (a), a public or private school is not required to distribute an information sheet to a pupil enrolled in the school who wishes to participate in a youth athletic activity operated by the school during a school year, and a pupil enrolled in the school may participate in that youth athletic activity without returning an appropriately signed information sheet for that activity, if the pupil has returned an appropriately signed information sheet for another youth athletic activity operated by the school during the same school year.
118.293(3)(b)2.
2. Notwithstanding
par. (a), a private club is not required to distribute an information sheet to a person who wishes to participate in a youth athletic activity operated by the private club, and a person may participate in that youth athletic activity without returning an appropriately signed information sheet for the activity, if the person has returned an appropriately signed information sheet to the club within the previous 365 days.
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;
2013 a. 93.
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, 9th, 10th, and 11th grades. Beginning in the 2015-16 school year, the state superintendent may not adopt or approve assessments developed by the Smarter Balanced Assessment Consortium.
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) or
(2x) 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 and the governing body of a private school that, pursuant to
s. 115.999 (3),
119.33 (2) (c) 3., or
119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under
s. 119.33,
subch. IX of ch. 115, or
subch. II of ch. 119 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) or
(2x) 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)(ar)
(ar) Except as provided in
sub. (7), beginning in the 2014-15 school year, administer the 9th 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 spring session of 9th grade.
