Wisconsin Anti-Bullying Law

<<Back to State Laws

2009 − 2010 LEGISLATURE
2009 SENATE BILL 154
April 6, 2009 − Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee on Education.
AN ACT to repeal 118.127 (1), 118.128 and 120.12 (26) (title); to renumber
118.127 (2); to renumber and amend 118.125 (2) (n) and 120.12 (26); to
amend 118.07 (2) (a), 118.125 (2), 118.125 (2) (d), 119.04 (1) and 938.396 (1) (c)
3. (intro.); and to create 118.02 (9t), 118.07 (4) (a) 2., 118.07 (4) (b) to (d), 118.125
(2) (n) 2., 118.46 and 950.08 (2w) of the statutes; relating to: school safety
plans, pupil records, and school bullying.
Analysis by the Legislative Reference Bureau
This bill is explained in the NOTES provided by the Joint Legislative Council in
the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
Legislative Council’s Special Committee on School Safety.
School safety plans
Under current law, school boards of common or union high school districts must
have in place a school safety plan. Wisconsin law does not provide specific details as to
what components should be in the school safety plan. Wisconsin law does not have
minimum standards for the plan’s training or practice drills. The statutes also do not
direct school boards to create or review plans with any specific party.
Current law also requires public schools, as well as private schools, to conduct fire
and tornado or other hazard drills. There is no requirement for either public or private
schools to practice school safety plans. Only public schools are required, however, to have
safety plans.
This bill expands current statutory requirements by providing specific details
regarding school safety plans. The bill requires both public and private schools to do all
of the following:
1. Create a school safety plan with active participation from appropriate parties
such as local law enforcement officers, fire fighters, school administrators, teachers, pupil
service professionals, and mental health professionals.
2. Specify the process for reviewing the plan.
3. Include general guidelines specifying procedures for emergency prevention and
mitigation, preparedness, response, and recovery as well as methods for conducting drills
required to comply with the plan.
4. Determine who shall receive the school safety plan training, which is based upon
the school district’s prioritized needs, risks, and vulnerabilities.
5. Drill school safety plan procedures twice a year or substitute a school safety drill
for a fire, tornado, or other hazard drill.
6. Have the school safety plan in place within 3 years after this bill goes into effect
and review it at least once every 3 years following implementation.
School Bullying
The bill requires the Department of Public Instruction (DPI) by 2010 to develop a
model school policy on bullying by pupils. The policy must include all of the following:
1. A definition of bullying.
2. A prohibition on bullying.
3. A procedure for reporting bullying that permits reports to be made
confidentially.
4. A prohibition against pupil retaliation against another pupil for reporting an
incident of bullying.
5. A procedure for investigating reports of bullying.
6. A requirement that school district officials and employees report incidents of
bullying and identify the persons to whom the reports must be made.
7. A list of disciplinary alternatives for pupils that engage in bullying.
8. An identification of the school−related events to which the policy applies.
9. An identification of the property owned, leased, or used by the school district on
which the policy applies.
10. An identification of the vehicles used for pupil transportation on which the
policy applies.
DPI is also directed to develop a model education and awareness program on
bullying and to post the model policy and the model program on its Internet site. The bill
further directs each school board, by August 15, 2010, to adopt a policy prohibiting
bullying by pupils. The bill permits the school board to adopt the model policy developed
by the department. The school board, under the bill, must provide a copy of the policy to
any person who requests it and annually distribute the policy to all pupils enrolled in the
school district and their parents and guardians.
The bill also designates Wednesday of the fourth week in September as Bullying
Awareness Day for purposes of school recognition. Finally, the bill includes a section to
make the provisions of the bill applicable to a first−class city school district and board.
Pupil Records
The bill includes a series of provisions dealing with the confidentiality and
disclosure of pupil records. The following provisions are included in the bill:
1. The bill retains current law, which requires school boards to adopt regulations
maintaining the confidentiality of pupil records. However, it adds the additional
authority for school boards to adopt regulations designed to promote the disclosure of
pupil records and information permitted by law for school safety purposes.
2. The bill amends the statutes to require that pupil records be made available to
law enforcement officers on the same basis as other school employees or officials, provided
that law enforcement officers are individually designated by the school board and
assigned to the school district.
3. The bill contains a provision relating to the release of pupil records by school
districts for juvenile justice purposes. The bill amends current law to require school
boards to disclose pertinent pupil records to an investigating law enforcement agency or
district attorney. Disclosure shall be made only if the requesting person certifies in
writing that the records concern the juvenile justice system and the system’s ability to
serve the pupil, relate to an ongoing investigation or pending delinquency petition and
will not be disclosed to any other person accept as otherwise authorized by law.
4. The bill repeals a statute currently requiring a school district administrator or
private school administrator who receives information regarding a law enforcement
action to notify any pupil named in the information and the pupil’s parent or guardian
of any minor pupil named in the information of that information. The repeal is designed
to encourage law enforcement agencies to share information with schools in situations
where they might otherwise withhold information out of concern that notification could
undermine an investigation. The repeal does not preclude a school district from notifying
students and parents when it is deemed appropriate.
5. Current statutes require all pupil records to be made available to teachers and
other designated school officials who have legitimate educational interests, including
safety interests. However, a different section, s. 118.128, stats., implies that school
districts may not share information that a student is a physical risk to others with
teachers and law enforcement units within schools, unless the school district has
”reasonable cause” to believe, based only on past acts, that the student presents a physical
risk of harming others. Section 118.128, stats., also limits the use and disclosure of such
information. By repealing s. 118.128, stats., the school district can continue to disclose
records under s. 118.125 (2) (d), stats. When information is shared, school personnel can
better assess risk and the educational needs of both students presenting a risk of harm
to others and to other children.
6. The bill requires that a district attorney issuing criminal charges against a pupil
make a reasonable attempt to notify the pupil’s school that criminal charges have been
filed and the final disposition of those charges. A similar requirement currently applies
to noncriminal juvenile cases but notification is currently not required when a juvenile
attends an independent charter school, or where the pupil is either charged as an adult
or waived into adult court. The bill would require the district attorney to notify the school
district, private school or independent charter school whenever a pupil is criminally
charged as an adult and the district attorney reasonably believes the person charged is
an enrolled pupil.
1 SECTION 1. 118.02 (9t) of the statutes is created to read:
118.02 (9t) Wednesday of the 4th week in September, Bullying Awareness Day.
SECTION 2. 118.07 (2) (a) of the statutes is amended to read:
118.07 (2) (a) Once each month, without previous warning, the person having
direct charge of any public or private school shall drill all pupils in the proper method
of departure from the building as if in case of a fire, except when the person having
direct charge deems that the health of the pupils may be endangered by inclement
weather conditions. At least twice annually, without previous warning, the person
having direct charge of any public or private school shall drill all pupils in the proper
method of evacuation to a safe location as if in the case of a tornado or other hazard.
At least twice annually, without previous warning, the person having direct charge
of any public or private school shall drill all pupils in the proper method of evacuation
or other appropriate action in case of a school safety incident. The public and private
school safety drill shall be based on the school safety plan adopted under s. 118.07
(4). A safety drill may be substituted for any other drill required under this
paragraph. The school board or governing body of the private school shall maintain
for at least 7 years a record of each fire drill and, tornado or other hazard drill, and
school safety drill conducted.
NOTE: This SECTION requires the person in charge of both public and private schools
to conduct 2 school safety drills each school year in addition to monthly fire drills and 2
tornado or other hazard drills. A school safety drill may be substituted for a fire, tornado,
or other hazard drill.
SECTION 3. 118.07 (4) (a) 2. of the statutes is created to read:
118.07 (4) (a) 2. If a school district is created or a public or private school opens
after the effective date of this paragraph …. [LRB inserts date], the school board or
governing body of the private school shall have in effect a school safety plan for each
public or private school within 3 years of its creation or opening.
NOTE: The bill provides that if a school district is created or a public or private
school opens after the effective date of the bill, the school board or governing body of the
private school must have a safety plan in effect within 3 years of the creation or opening.
SECTION 4. 118.07 (4) (b) to (d) of the statutes are created to read:
118.07 (4) (b) A school safety plan shall be created with the active
participation of appropriate parties, as specified by the school board or governing
body of the private school. The appropriate parties may include local law
enforcement officers, fire fighters, school administrators, teachers, pupil services
professionals, as defined in s. 118.257 (1) (c), and mental health professionals. A
school safety plan shall include general guidelines specifying procedures for
emergency prevention and mitigation, preparedness, response, and recovery. The
plan shall also specify the process for reviewing the and methods for conducting drills
required to comply with the plan.
NOTE: This SECTION requires a school board and the governing body of a private
school to create a school safety plan, within 3 years of the effective date of this bill, with
participation from appropriate parties specified by the school board or private school
governing body. The suggested list includes law enforcement officers, fire fighters, school
administrators, teachers, school social workers, and mental health professionals. Under
the bill, school safety plans are required to specify the procedures for prevention and
mitigation, preparedness, response, and recovery. The plan must also specify the plan’s
review process and methods for conducting drills.
(c) The school board or governing body of the private school shall determine
which persons are required to receive school safety plan training and the frequency
of the training. The training shall be based upon the school district’s or private
school’s prioritized needs, risks, and vulnerabilities.
NOTE: This provision allows public school boards and governing bodies of private
schools to determine who receives school safety plan training and how often the training
must occur. There is also discretion as to what the training includes, as it is based upon
the school district or private school’s prioritized needs, risks, and vulnerabilities.
(d) Each school board and the governing body of each private school shall
review the school safety plan at least once every 3 years after the plan goes into effect.
NOTE: Paragraph (d) requires school safety plans to be reviewed at least once every
3 years after the plan goes into effect.
SECTION 5. 118.125 (2) of the statutes is amended to read:
118.125 (2) CONFIDENTIALITY AND DISCLOSURE OF PUPIL RECORDS. All pupil
records maintained by a public school shall be confidential, except as provided in
pars. (a) to (p) and sub. (2m). The school board shall adopt regulations policies to
maintain the confidentiality of such records and may adopt policies to promote the
disclosure of pupil records and information permitted by law for purposes of school
safety.
NOTE: The proposed language retains current law that requires school boards to
adopt regulations to maintain the confidentiality of pupil records and also permits (but
does not require) school boards to adopt regulations designed to promote the disclosure
of pupil records and information permitted by law for school safety. The bill also replaces
the term “regulations” with the more appropriate term “policies” to conform to current
school board practices and terminology.
SECTION 6. 118.125 (2) (d) of the statutes is amended to read:
118.125 (2) (d) Pupil records shall be made available to persons employed by
the school district which the pupil attends who are required by the department under
s. 115.28 (7) to hold a license, law enforcement officers who are individually
designated by the school board and assigned to the school district, and other school
district officials who have been determined by the school board to have legitimate
educational interests, including safety interests, in the pupil records. Law
enforcement officers’ records obtained under s. 938.396 (1) (c) 3. shall be made
available as provided in s. 118.127 (2). A school board member or an employee of a
school district may not be held personally liable for any damages caused by the
nondisclosure of any information specified in this paragraph unless the member or
employee acted with actual malice in failing to disclose the information. A school
district may not be held liable for any damages caused by the nondisclosure of any
information specified in this paragraph unless the school district or its agent acted
with gross negligence or with reckless, wanton, or intentional misconduct in failing
to disclose the information.
NOTE: This SECTION amends the statutes to require that pupil records be made
available to law enforcement officers who are individually designated by the school board
and assigned to the school district on the same basis as other school employees or officials.
SECTION 7. 118.125 (2) (n) of the statutes is renumbered 118.125 (2) (n) (intro.)
and amended to read:
118.125 (2) (n) (intro.) For the any purpose of providing services to a pupil
before adjudication, a concerning the juvenile justice system and the system’s ability
to effectively serve a pupil, prior to adjudication:
1. A school board may disclose pupil records to a law enforcement agency,
district attorney, city attorney, corporation counsel, agency, as defined in s. 938.78
(1), intake worker under s. 48.067 or 938.067, court of record, municipal court,
private school, or another school board if disclosure is pursuant to an interagency
agreement and the person to whom the records are disclosed certifies in writing that
the records will not be disclosed to any other person except as permitted under this
subsection otherwise authorized by law.
SECTION 8. 118.125 (2) (n) 2. of the statutes is created to read:
118.125 (2) (n) 2. A school board shall disclose pertinent pupil records to an
investigating law enforcement agency or district attorney if the person to whom the
records are disclosed certifies in writing that the records concern the juvenile justice
system and the system’s ability to effectively serve the pupil, relate to an ongoing
investigation or pending delinquency petition, and will not be disclosed to any other
person except as otherwise authorized by law.
NOTE: This SECTION deals with the release of pupil records by school districts for
juvenile justice purposes. The SECTION amends current law to require school boards to
disclose pupil records that are pertinent to an investigating law enforcement agency or
district attorney if that person certifies in writing that the records concern the juvenile
justice system and the system’s ability to serve the pupil, relate to an ongoing
investigation or pending delinquency petition, and will not be disclosed to any other
person except as otherwise authorized by law.
SECTION 9. 118.127 (1) of the statutes is repealed.
NOTE: This provision repeals s. 118.127 (1), stats., which currently requires a
school district administrator or private school administrator who receives information
regarding a law enforcement action to notify any pupil named in the information and the
parent or guardian of any minor pupil named in the information of that information.
The repeal is designed to encourage law enforcement agencies to share information
with schools in situations where they might otherwise withhold information out of
concern that notification could undermine an investigation. The repeal does not preclude
a school district from notifying students and parents when it is deemed appropriate.
SECTION 10. 118.127 (2) of the statutes is renumbered 118.127.
SECTION 11. 118.128 of the statutes is repealed.
NOTE: Section 118.125 (2) (d), stats., currently requires all pupil records to be made
available to teachers and other designated school officials who have legitimate
educational interests, including safety interests. However, s. 118.128 stats., implies that
school districts may not share information that a student is a physical risk to others with
teachers and law enforcement units within schools, unless the school district has
“reasonable cause” to believe, based only on past acts, that the student presents a risk of
physically harming others. Section 118.128, stats., also limits the use and disclosure of
such information.
Repeal of s. 118.128, stats., leaves the school district with the discretion to
disseminate to school district employees all information the school district believes
relates to the harm a pupil may present to others. When information is shared, school
personnel can better assess risk and the educational needs of both the student presenting
a risk of harm to others and other children. With s. 118.128, stats., repealed, school
districts may want to adopt policies that encourage the reporting of information relating
to harm posed by a pupil to others. This would be permitted by statutory language
contained in SECTION 5 of this bill.
SECTION 12. 118.46 of the statutes is created to read:
118.46 Policy on bullying. (1) By March 1, 2010, the department shall do
all of the following:
(a) Develop a model school policy on bullying by pupils. The policy shall include
all of the following:
1. A definition of bullying.
2. A prohibition on bullying.
3. A procedure for reporting bullying that allows reports to be made
confidentially.
4. A prohibition against a pupil retaliating against another pupil for reporting
an incident of bullying.
5. A procedure for investigating reports of bullying. The procedure shall
identify the school district employee in each school who is responsible for conducting
the investigation and require that the parent or guardian of each pupil involved in
a bullying incident be notified.
6. A requirement that school district officials and employees report incidents
of bullying and identify the persons to whom the reports must be made.
7. A list of disciplinary alternatives for pupils that engage in bullying or who
retaliate against a pupil who reports an incident of bullying.
8. An identification of the school−related events at which the policy applies.
9. An identification of the property owned, leased, or used by the school district
on which the policy applies.
10. An identification of the vehicles used for pupil transportation on which the
policy applies.
(b) Develop a model education and awareness program on bullying.
(c) Post the model policy under par. (a) and the model program under par. (b)
on its Internet site.
(2) By August 15, 2010, each school board shall adopt a policy prohibiting
bullying by pupils. The school board may adopt the model policy under sub. (1) (a).
The school board shall provide a copy of the policy to any person who requests it.
Annually, the school board shall distribute the policy to all pupils enrolled in the
school district and to their parents or guardians.
Note: This SECTION creates a requirement for school boards to adopt a policy on
bullying. [See PREFATORY NOTE section dealing with school policies on bullying.]
SECTION 13. 119.04 (1) of the statutes is amended to read:
119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.445, 115.45, 118.001 to 118.04,
118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15,
118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c)
to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46, 118.51,
118.52, 118.55, 120.12 (5) and (15) to (26) (25), 120.125, 120.13 (1), (2) (b) to (g), (3),
(14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25
are applicable to a 1st class city school district and board.
SECTION 14. 120.12 (26) (title) of the statutes is repealed.
SECTION 15. 120.12 (26) of the statutes is renumbered 118.07 (4) (a) 1. and
amended to read:
118.07 (4) (a) 1. Have Each school board and the governing body of each private
school shall have in effect a school safety plan for each public or private school in the
school district within 3 years of the effective date of this paragraph …. [LRB inserts
date].
NOTE: This SECTION requires a public or private school to have a safety plan in effect
within 3 years of the effective date of the bill.
SECTION 16. 938.396 (1) (c) 3. (intro.) of the statutes is amended to read:
938.396 (1) (c) 3. (intro.) A law enforcement agency, on its own initiative or on
the request of the school district administrator of a public school district, the
administrator of a private school, or the designee of the school district administrator
or the private school administrator, may, subject to official agency policy, provide to
the school district administrator, private school administrator, or designee, for use
as provided in s. 118.127 (2), any information in its records relating to any of the
following:
SECTION 17. 950.08 (2w) of the statutes is created to read:
950.08 (2w) INFORMATION TO BE PROVIDED BY DISTRICT ATTORNEYS TO SCHOOLS IN
CRIMINAL CASES. If a criminal complaint is issued under s. 968.02 or if a petition for
waiver is granted pursuant to s. 938.18, and the district attorney reasonably believes
the person charged is a pupil enrolled in a school district, a private school, or a
charter school established pursuant to 118.40 (2r), the district attorney shall make
a reasonable attempt to notify the school board, private school governing body, or
charter school governing body of the charges pending against the pupil. The district
attorney shall also notify the school board, private school governing body, or charter
school governing body of the final disposition of the charges.
NOTE: This SECTION requires that a district attorney issuing criminal charges
against a pupil make a reasonable attempt to notify the pupil’s school that criminal
charges have been filed and the final disposition of the charges. A similar requirement
currently applies in juvenile cases, see s. 938.396 (2g) (m), stats., but no notification is
currently required where a juvenile attends a (2r) charter school or where the pupil is
charged as an adult or is waived into adult court. This provision would require the district
attorney to notify the school district, private school, or (2r) charter school whenever a
pupil is criminally charged as an adult and the district attorney reasonably believes the
person charged is an enrolled pupil.
(END)
April 6, 2009 − Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committeeon Education.AN ACT to repeal 118.127 (1), 118.128 and 120.12 (26) (title); to renumber118.127 (2); to renumber and amend 118.125 (2) (n) and 120.12 (26); toamend 118.07 (2) (a), 118.125 (2), 118.125 (2) (d), 119.04 (1) and 938.396 (1) (c)3. (intro.); and to create 118.02 (9t), 118.07 (4) (a) 2., 118.07 (4) (b) to (d), 118.125(2) (n) 2., 118.46 and 950.08 (2w) of the statutes; relating to: school safetyplans, pupil records, and school bullying.Analysis by the Legislative Reference BureauThis bill is explained in the NOTES provided by the Joint Legislative Council inthe bill.For further information see the state and local fiscal estimate, which will beprinted as an appendix to this bill.The people of the state of Wisconsin, represented in senate and assembly, doenact as follows:JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the JointLegislative Council’s Special Committee on School Safety.School safety plansUnder current law, school boards of common or union high school districts musthave in place a school safety plan. Wisconsin law does not provide specific details as to1234562009 − 2010 Legislature − 2 − LRB−1741/1PG:nwn:mdSENATE BILL 154what components should be in the school safety plan. Wisconsin law does not haveminimum standards for the plan’s training or practice drills. The statutes also do notdirect school boards to create or review plans with any specific party.Current law also requires public schools, as well as private schools, to conduct fireand tornado or other hazard drills. There is no requirement for either public or privateschools to practice school safety plans. Only public schools are required, however, to havesafety plans.This bill expands current statutory requirements by providing specific detailsregarding school safety plans. The bill requires both public and private schools to do allof the following:1. Create a school safety plan with active participation from appropriate partiessuch as local law enforcement officers, fire fighters, school administrators, teachers, pupilservice professionals, and mental health professionals.2. Specify the process for reviewing the plan.3. Include general guidelines specifying procedures for emergency prevention andmitigation, preparedness, response, and recovery as well as methods for conducting drillsrequired to comply with the plan.4. Determine who shall receive the school safety plan training, which is based uponthe school district’s prioritized needs, risks, and vulnerabilities.5. Drill school safety plan procedures twice a year or substitute a school safety drillfor a fire, tornado, or other hazard drill.6. Have the school safety plan in place within 3 years after this bill goes into effectand review it at least once every 3 years following implementation.School BullyingThe bill requires the Department of Public Instruction (DPI) by 2010 to develop amodel school policy on bullying by pupils. The policy must include all of the following:1. A definition of bullying.2. A prohibition on bullying.3. A procedure for reporting bullying that permits reports to be madeconfidentially.4. A prohibition against pupil retaliation against another pupil for reporting anincident of bullying.5. A procedure for investigating reports of bullying.6. A requirement that school district officials and employees report incidents ofbullying and identify the persons to whom the reports must be made.7. A list of disciplinary alternatives for pupils that engage in bullying.8. An identification of the school−related events to which the policy applies.9. An identification of the property owned, leased, or used by the school district onwhich the policy applies.10. An identification of the vehicles used for pupil transportation on which thepolicy applies.DPI is also directed to develop a model education and awareness program onbullying and to post the model policy and the model program on its Internet site. The billfurther directs each school board, by August 15, 2010, to adopt a policy prohibitingbullying by pupils. The bill permits the school board to adopt the model policy developedby the department. The school board, under the bill, must provide a copy of the policy toany person who requests it and annually distribute the policy to all pupils enrolled in theschool district and their parents and guardians.2009 − 2010 Legislature − 3 − LRB−1741/1PG:nwn:mdSENATE BILL 154The bill also designates Wednesday of the fourth week in September as BullyingAwareness Day for purposes of school recognition. Finally, the bill includes a section tomake the provisions of the bill applicable to a first−class city school district and board.Pupil RecordsThe bill includes a series of provisions dealing with the confidentiality anddisclosure of pupil records. The following provisions are included in the bill:1. The bill retains current law, which requires school boards to adopt regulationsmaintaining the confidentiality of pupil records. However, it adds the additionalauthority for school boards to adopt regulations designed to promote the disclosure ofpupil records and information permitted by law for school safety purposes.2. The bill amends the statutes to require that pupil records be made available tolaw enforcement officers on the same basis as other school employees or officials, providedthat law enforcement officers are individually designated by the school board andassigned to the school district.3. The bill contains a provision relating to the release of pupil records by schooldistricts for juvenile justice purposes. The bill amends current law to require schoolboards to disclose pertinent pupil records to an investigating law enforcement agency ordistrict attorney. Disclosure shall be made only if the requesting person certifies inwriting that the records concern the juvenile justice system and the system’s ability toserve the pupil, relate to an ongoing investigation or pending delinquency petition andwill not be disclosed to any other person accept as otherwise authorized by law.4. The bill repeals a statute currently requiring a school district administrator orprivate school administrator who receives information regarding a law enforcementaction to notify any pupil named in the information and the pupil’s parent or guardianof any minor pupil named in the information of that information. The repeal is designedto encourage law enforcement agencies to share information with schools in situationswhere they might otherwise withhold information out of concern that notification couldundermine an investigation. The repeal does not preclude a school district from notifyingstudents and parents when it is deemed appropriate.5. Current statutes require all pupil records to be made available to teachers andother designated school officials who have legitimate educational interests, includingsafety interests. However, a different section, s. 118.128, stats., implies that schooldistricts may not share information that a student is a physical risk to others withteachers and law enforcement units within schools, unless the school district has”reasonable cause” to believe, based only on past acts, that the student presents a physicalrisk of harming others. Section 118.128, stats., also limits the use and disclosure of suchinformation. By repealing s. 118.128, stats., the school district can continue to discloserecords under s. 118.125 (2) (d), stats. When information is shared, school personnel canbetter assess risk and the educational needs of both students presenting a risk of harmto others and to other children.6. The bill requires that a district attorney issuing criminal charges against a pupilmake a reasonable attempt to notify the pupil’s school that criminal charges have beenfiled and the final disposition of those charges. A similar requirement currently appliesto noncriminal juvenile cases but notification is currently not required when a juvenileattends an independent charter school, or where the pupil is either charged as an adultor waived into adult court. The bill would require the district attorney to notify the schooldistrict, private school or independent charter school whenever a pupil is criminallycharged as an adult and the district attorney reasonably believes the person charged isan enrolled pupil.1 SECTION 1. 118.02 (9t) of the statutes is created to read:2009 − 2010 Legislature − 4 − LRB−1741/1PG:nwn:mdSENATE BILL 154 SECTION 1118.02 (9t) Wednesday of the 4th week in September, Bullying Awareness Day.SECTION 2. 118.07 (2) (a) of the statutes is amended to read:118.07 (2) (a) Once each month, without previous warning, the person havingdirect charge of any public or private school shall drill all pupils in the proper methodof departure from the building as if in case of a fire, except when the person havingdirect charge deems that the health of the pupils may be endangered by inclementweather conditions. At least twice annually, without previous warning, the personhaving direct charge of any public or private school shall drill all pupils in the propermethod of evacuation to a safe location as if in the case of a tornado or other hazard.At least twice annually, without previous warning, the person having direct chargeof any public or private school shall drill all pupils in the proper method of evacuationor other appropriate action in case of a school safety incident. The public and privateschool safety drill shall be based on the school safety plan adopted under s. 118.07(4). A safety drill may be substituted for any other drill required under thisparagraph. The school board or governing body of the private school shall maintainfor at least 7 years a record of each fire drill and, tornado or other hazard drill, andschool safety drill conducted.NOTE: This SECTION requires the person in charge of both public and private schoolsto conduct 2 school safety drills each school year in addition to monthly fire drills and 2tornado or other hazard drills. A school safety drill may be substituted for a fire, tornado,or other hazard drill.SECTION 3. 118.07 (4) (a) 2. of the statutes is created to read:118.07 (4) (a) 2. If a school district is created or a public or private school opensafter the effective date of this paragraph …. [LRB inserts date], the school board orgoverning body of the private school shall have in effect a school safety plan for eachpublic or private school within 3 years of its creation or opening.123456789101112131415161718192021222009 − 2010 Legislature − 5 − LRB−1741/1PG:nwn:mdSENATE BILL 154 SECTION 3NOTE: The bill provides that if a school district is created or a public or privateschool opens after the effective date of the bill, the school board or governing body of theprivate school must have a safety plan in effect within 3 years of the creation or opening.SECTION 4. 118.07 (4) (b) to (d) of the statutes are created to read:118.07 (4) (b) A school safety plan shall be created with the activeparticipation of appropriate parties, as specified by the school board or governingbody of the private school. The appropriate parties may include local lawenforcement officers, fire fighters, school administrators, teachers, pupil servicesprofessionals, as defined in s. 118.257 (1) (c), and mental health professionals. Aschool safety plan shall include general guidelines specifying procedures foremergency prevention and mitigation, preparedness, response, and recovery. Theplan shall also specify the process for reviewing the and methods for conducting drillsrequired to comply with the plan.NOTE: This SECTION requires a school board and the governing body of a privateschool to create a school safety plan, within 3 years of the effective date of this bill, withparticipation from appropriate parties specified by the school board or private schoolgoverning body. The suggested list includes law enforcement officers, fire fighters, schooladministrators, teachers, school social workers, and mental health professionals. Underthe bill, school safety plans are required to specify the procedures for prevention andmitigation, preparedness, response, and recovery. The plan must also specify the plan’sreview process and methods for conducting drills.(c) The school board or governing body of the private school shall determinewhich persons are required to receive school safety plan training and the frequencyof the training. The training shall be based upon the school district’s or privateschool’s prioritized needs, risks, and vulnerabilities.NOTE: This provision allows public school boards and governing bodies of privateschools to determine who receives school safety plan training and how often the trainingmust occur. There is also discretion as to what the training includes, as it is based uponthe school district or private school’s prioritized needs, risks, and vulnerabilities.(d) Each school board and the governing body of each private school shallreview the school safety plan at least once every 3 years after the plan goes into effect.NOTE: Paragraph (d) requires school safety plans to be reviewed at least once every3 years after the plan goes into effect.123456789101112131415162009 − 2010 Legislature − 6 − LRB−1741/1PG:nwn:mdSENATE BILL 154 SECTION 5SECTION 5. 118.125 (2) of the statutes is amended to read:118.125 (2) CONFIDENTIALITY AND DISCLOSURE OF PUPIL RECORDS. All pupilrecords maintained by a public school shall be confidential, except as provided inpars. (a) to (p) and sub. (2m). The school board shall adopt regulations policies tomaintain the confidentiality of such records and may adopt policies to promote thedisclosure of pupil records and information permitted by law for purposes of schoolsafety.NOTE: The proposed language retains current law that requires school boards toadopt regulations to maintain the confidentiality of pupil records and also permits (butdoes not require) school boards to adopt regulations designed to promote the disclosureof pupil records and information permitted by law for school safety. The bill also replacesthe term “regulations” with the more appropriate term “policies” to conform to currentschool board practices and terminology.SECTION 6. 118.125 (2) (d) of the statutes is amended to read:118.125 (2) (d) Pupil records shall be made available to persons employed bythe school district which the pupil attends who are required by the department unders. 115.28 (7) to hold a license, law enforcement officers who are individuallydesignated by the school board and assigned to the school district, and other schooldistrict officials who have been determined by the school board to have legitimateeducational interests, including safety interests, in the pupil records. Lawenforcement officers’ records obtained under s. 938.396 (1) (c) 3. shall be madeavailable as provided in s. 118.127 (2). A school board member or an employee of aschool district may not be held personally liable for any damages caused by thenondisclosure of any information specified in this paragraph unless the member oremployee acted with actual malice in failing to disclose the information. A schooldistrict may not be held liable for any damages caused by the nondisclosure of anyinformation specified in this paragraph unless the school district or its agent acted1234567891011121314151617181920212009 − 2010 Legislature − 7 − LRB−1741/1PG:nwn:mdSENATE BILL 154 SECTION 6with gross negligence or with reckless, wanton, or intentional misconduct in failingto disclose the information.NOTE: This SECTION amends the statutes to require that pupil records be madeavailable to law enforcement officers who are individually designated by the school boardand assigned to the school district on the same basis as other school employees or officials.SECTION 7. 118.125 (2) (n) of the statutes is renumbered 118.125 (2) (n) (intro.)and amended to read:118.125 (2) (n) (intro.) For the any purpose of providing services to a pupilbefore adjudication, a concerning the juvenile justice system and the system’s abilityto effectively serve a pupil, prior to adjudication:1. A school board may disclose pupil records to a law enforcement agency,district attorney, city attorney, corporation counsel, agency, as defined in s. 938.78(1), intake worker under s. 48.067 or 938.067, court of record, municipal court,private school, or another school board if disclosure is pursuant to an interagencyagreement and the person to whom the records are disclosed certifies in writing thatthe records will not be disclosed to any other person except as permitted under thissubsection otherwise authorized by law.SECTION 8. 118.125 (2) (n) 2. of the statutes is created to read:118.125 (2) (n) 2. A school board shall disclose pertinent pupil records to aninvestigating law enforcement agency or district attorney if the person to whom therecords are disclosed certifies in writing that the records concern the juvenile justicesystem and the system’s ability to effectively serve the pupil, relate to an ongoinginvestigation or pending delinquency petition, and will not be disclosed to any otherperson except as otherwise authorized by law.NOTE: This SECTION deals with the release of pupil records by school districts forjuvenile justice purposes. The SECTION amends current law to require school boards todisclose pupil records that are pertinent to an investigating law enforcement agency ordistrict attorney if that person certifies in writing that the records concern the juvenile1234567891011121314151617181920212009 − 2010 Legislature − 8 − LRB−1741/1PG:nwn:mdSENATE BILL 154 SECTION 8justice system and the system’s ability to serve the pupil, relate to an ongoinginvestigation or pending delinquency petition, and will not be disclosed to any otherperson except as otherwise authorized by law.SECTION 9. 118.127 (1) of the statutes is repealed.NOTE: This provision repeals s. 118.127 (1), stats., which currently requires aschool district administrator or private school administrator who receives informationregarding a law enforcement action to notify any pupil named in the information and theparent or guardian of any minor pupil named in the information of that information.The repeal is designed to encourage law enforcement agencies to share informationwith schools in situations where they might otherwise withhold information out ofconcern that notification could undermine an investigation. The repeal does not precludea school district from notifying students and parents when it is deemed appropriate.SECTION 10. 118.127 (2) of the statutes is renumbered 118.127.SECTION 11. 118.128 of the statutes is repealed.NOTE: Section 118.125 (2) (d), stats., currently requires all pupil records to be madeavailable to teachers and other designated school officials who have legitimateeducational interests, including safety interests. However, s. 118.128 stats., implies thatschool districts may not share information that a student is a physical risk to others withteachers and law enforcement units within schools, unless the school district has“reasonable cause” to believe, based only on past acts, that the student presents a risk ofphysically harming others. Section 118.128, stats., also limits the use and disclosure ofsuch information.Repeal of s. 118.128, stats., leaves the school district with the discretion todisseminate to school district employees all information the school district believesrelates to the harm a pupil may present to others. When information is shared, schoolpersonnel can better assess risk and the educational needs of both the student presentinga risk of harm to others and other children. With s. 118.128, stats., repealed, schooldistricts may want to adopt policies that encourage the reporting of information relatingto harm posed by a pupil to others. This would be permitted by statutory languagecontained in SECTION 5 of this bill.SECTION 12. 118.46 of the statutes is created to read:118.46 Policy on bullying. (1) By March 1, 2010, the department shall doall of the following:(a) Develop a model school policy on bullying by pupils. The policy shall includeall of the following:1. A definition of bullying.2. A prohibition on bullying.3. A procedure for reporting bullying that allows reports to be madeconfidentially.1234567891011122009 − 2010 Legislature − 9 − LRB−1741/1PG:nwn:mdSENATE BILL 154 SECTION 124. A prohibition against a pupil retaliating against another pupil for reportingan incident of bullying.5. A procedure for investigating reports of bullying. The procedure shallidentify the school district employee in each school who is responsible for conductingthe investigation and require that the parent or guardian of each pupil involved ina bullying incident be notified.6. A requirement that school district officials and employees report incidentsof bullying and identify the persons to whom the reports must be made.7. A list of disciplinary alternatives for pupils that engage in bullying or whoretaliate against a pupil who reports an incident of bullying.8. An identification of the school−related events at which the policy applies.9. An identification of the property owned, leased, or used by the school districton which the policy applies.10. An identification of the vehicles used for pupil transportation on which thepolicy applies.(b) Develop a model education and awareness program on bullying.(c) Post the model policy under par. (a) and the model program under par. (b)on its Internet site.(2) By August 15, 2010, each school board shall adopt a policy prohibitingbullying by pupils. The school board may adopt the model policy under sub. (1) (a).The school board shall provide a copy of the policy to any person who requests it.Annually, the school board shall distribute the policy to all pupils enrolled in theschool district and to their parents or guardians.Note: This SECTION creates a requirement for school boards to adopt a policy onbullying. [See PREFATORY NOTE section dealing with school policies on bullying.]12345678910111213141516171819202122232009 − 2010 Legislature − 10 − LRB−1741/1PG:nwn:mdSENATE BILL 154 SECTION 13SECTION 13. 119.04 (1) of the statutes is amended to read:119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.445, 115.45, 118.001 to 118.04,118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15,118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c)to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46, 118.51,118.52, 118.55, 120.12 (5) and (15) to (26) (25), 120.125, 120.13 (1), (2) (b) to (g), (3),(14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25are applicable to a 1st class city school district and board.SECTION 14. 120.12 (26) (title) of the statutes is repealed.SECTION 15. 120.12 (26) of the statutes is renumbered 118.07 (4) (a) 1. andamended to read:118.07 (4) (a) 1. Have Each school board and the governing body of each privateschool shall have in effect a school safety plan for each public or private school in theschool district within 3 years of the effective date of this paragraph …. [LRB insertsdate].NOTE: This SECTION requires a public or private school to have a safety plan in effectwithin 3 years of the effective date of the bill.SECTION 16. 938.396 (1) (c) 3. (intro.) of the statutes is amended to read:938.396 (1) (c) 3. (intro.) A law enforcement agency, on its own initiative or onthe request of the school district administrator of a public school district, theadministrator of a private school, or the designee of the school district administratoror the private school administrator, may, subject to official agency policy, provide tothe school district administrator, private school administrator, or designee, for use12345678910111213141516171819202122232009 − 2010 Legislature − 11 − LRB−1741/1PG:nwn:mdSENATE BILL 154 SECTION 16as provided in s. 118.127 (2), any information in its records relating to any of thefollowing:SECTION 17. 950.08 (2w) of the statutes is created to read:950.08 (2w) INFORMATION TO BE PROVIDED BY DISTRICT ATTORNEYS TO SCHOOLS INCRIMINAL CASES. If a criminal complaint is issued under s. 968.02 or if a petition forwaiver is granted pursuant to s. 938.18, and the district attorney reasonably believesthe person charged is a pupil enrolled in a school district, a private school, or acharter school established pursuant to 118.40 (2r), the district attorney shall makea reasonable attempt to notify the school board, private school governing body, orcharter school governing body of the charges pending against the pupil. The districtattorney shall also notify the school board, private school governing body, or charterschool governing body of the final disposition of the charges.NOTE: This SECTION requires that a district attorney issuing criminal chargesagainst a pupil make a reasonable attempt to notify the pupil’s school that criminalcharges have been filed and the final disposition of the charges. A similar requirementcurrently applies in juvenile cases, see s. 938.396 (2g) (m), stats., but no notification iscurrently required where a juvenile attends a (2r) charter school or where the pupil ischarged as an adult or is waived into adult court. This provision would require the districtattorney to notify the school district, private school, or (2r) charter school whenever apupil is criminally charged as an adult and the district attorney reasonably believes theperson charged is an enrolled pupil.(END)12345678910111213