LRBa0438/1
GMM:skg:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY AMENDMENT 2,
To 1995 ASSEMBLY BILL 159
March 7, 1995 - Offered by Representatives Hubler and Kreuser.
AB159-AA2,1,11 At the locations indicated, amend the bill as follows:
AB159-AA2,1,3 21. Page 1, line 3: after "school" insert: ", disclosure of certain law enforcement
3agency records relating to a child to the child's school district administrator".
AB159-AA2,1,4 42. Page 2, line 17: after that line insert:
AB159-AA2,1,5 5" Section 3c. 48.396 (1) of the statutes is amended to read:
AB159-AA2,1,146 48.396 (1) Peace officers' records of children shall be kept separate from records
7of persons 18 or older. Peace officers' records of children shall not be open to
8inspection or their contents disclosed except under sub. (1m) (a) or (5) or s. 48.293 or
9by order of the court. This subsection does not apply to the representatives of
10newspapers or other reporters of news who wish to obtain information for the
11purpose of reporting news without revealing the identity of the child involved, to the
12confidential exchange of information between the police and officials of the school
13attended by the child or other law enforcement or social welfare agencies or to
14children 16 or older who are transferred to the criminal courts.
AB159-AA2, s. 3f 15Section 3f. 48.396 (1m) of the statutes is renumbered 48.396 (1m) (a) (intro.)
16and amended to read:
AB159-AA2,2,3
148.396 (1m) (a) (intro.) If requested by the school district administrator of a
2public school district, a law enforcement agency may provide to the school district
3administrator any information in its records relating to the any of the following:
AB159-AA2,2,5 41. The use, possession or distribution of alcohol or a controlled substance by a
5pupil enrolled in the public school district. The information
AB159-AA2,2,8 6(b) Any information provided under par. (a) 1. may be used by the school district
7only as provided under s. 118.127 (2). In this subsection, "controlled substance" has
8the meaning given in s. 161.01 (4).
AB159-AA2, s. 3i 9Section 3i. 48.396 (1m) (a) 2. of the statutes is created to read:
AB159-AA2,2,1210 48.396 (1m) (a) 2. The possession of a firearm in a school zone in violation of
11s. 948.605 (2) (a) or the possession of a knife on school premises in violation of s.
12948.61 (2) by a pupil enrolled in the school district.
AB159-AA2, s. 3m 13Section 3m. 118.125 (1) (a) of the statutes is amended to read:
AB159-AA2,2,2014 118.125 (1) (a) "Behavioral records" means those pupil records which include
15psychological tests, personality evaluations, records of conversations, any written
16statement relating specifically to an individual pupil's behavior, tests relating
17specifically to achievement or measurement of ability, the pupil's physical health
18records other than his or her immunization records or any lead screening records
19required under s. 254.162, peace officers' records obtained under s. 48.396 (1m) (a)
20and any other pupil records that are not progress records.
AB159-AA2, s. 3p 21Section 3p. 118.125 (2) (d) of the statutes is amended to read:
AB159-AA2,3,322 118.125 (2) (d) Pupil records may be made available to persons employed by the
23school district which the pupil attends who are required by the department under s.
24115.28 (7) to hold a license and other school district officials who have been
25determined by the school board to have legitimate educational or safety interests in

1the pupil records
. Peace officers' records obtained under s. 48.396 (1m) (a) 1. may be
2made available under this paragraph only for the purposes of s. 118.127 (2) and only
3to those designated personnel involved in alcohol and other drug abuse programs.
AB159-AA2, s. 3r 4Section 3r. 118.125 (2) (e) of the statutes is amended to read:
AB159-AA2,3,115 118.125 (2) (e) Upon the written permission of an adult pupil, or the parent or
6guardian of a minor pupil, the school shall make available to the person named in
7the permission the pupil's progress records or such portions of the pupil's behavioral
8records as determined by the person authorizing the release. Peace officers' records
9obtained under s. 48.396 (1m) (a) may not be made available under this paragraph
10unless specifically identified by the adult pupil or by the parent or guardian of a
11minor pupil in the written permission.
AB159-AA2, s. 3t 12Section 3t. 118.125 (3) of the statutes is amended to read:
AB159-AA2,3,2413 118.125 (3) Maintenance of records. Each school board shall adopt rules in
14writing specifying the content of pupil records and the time during which pupil
15records shall be maintained. No behavioral records may be maintained for more than
16one year after the pupil ceases to be enrolled in the school, unless the pupil specifies
17in writing that his or her behavioral records may be maintained for a longer period.
18A pupil's progress records shall be maintained for at least 5 years after the pupil
19ceases to be enrolled in the school. A school board may maintain the records on
20microfilm or optical disk if authorized under s. 19.21 (4) (c), or in such other form as
21the school board deems appropriate. A school board shall maintain peace officers'
22records obtained under s. 48.396 (1m) (a) separately from a pupil's other pupil
23records. Rules adopted under this subsection shall be published by the school board
24as a class 1 notice under ch. 985.
AB159-AA2, s. 3v 25Section 3v. 118.127 (1) of the statutes is amended to read:
AB159-AA2,4,4
1118.127 (1) Upon receipt of information from peace officers' records obtained
2under s. 48.396 (1m) (a), the school district administrator shall notify any pupil
3named in the records, and the parent or guardian of any minor pupil named in the
4records, of the information.
AB159-AA2, s. 3y 5Section 3y. 118.127 (2) of the statutes is amended to read:
AB159-AA2,4,86 118.127 (2) A school district may use information from peace officers' records
7obtained under s. 48.396 (1m) (a) 1. only for the purpose of providing alcohol and
8other drug abuse programs for pupils enrolled in the school district.".
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