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.
SB154, s. 10
2Section
10. 118.127 (2) of the statutes is renumbered 118.127.
SB154, s. 11
3Section
11. 118.128 of the statutes is repealed.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 With s. 118.128, stats., repealed, school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.
SB154, s. 12
4Section
12. 118.46 of the statutes is created to read:
SB154,8,6
5118.46 Policy on bullying. (1) By March 1, 2010, the department shall do
6all of the following:
SB154,8,87
(a) Develop a model school policy on bullying by pupils. The policy shall include
8all of the following:
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1. A definition of bullying.
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2. A prohibition on bullying.
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3. A procedure for reporting bullying that allows reports to be made
12confidentially.
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14. A prohibition against a pupil retaliating against another pupil for reporting
2an incident of bullying.
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5. A procedure for investigating reports of bullying. The procedure shall
4identify the school district employee in each school who is responsible for conducting
5the investigation and require that the parent or guardian of each pupil involved in
6a bullying incident be notified.
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6. A requirement that school district officials and employees report incidents
8of bullying and identify the persons to whom the reports must be made.
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7. A list of disciplinary alternatives for pupils that engage in bullying or who
10retaliate against a pupil who reports an incident of bullying.
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8. An identification of the school-related events at which the policy applies.
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9. An identification of the property owned, leased, or used by the school district
13on which the policy applies.
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10. An identification of the vehicles used for pupil transportation on which the
15policy applies.
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(b) Develop a model education and awareness program on bullying.
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(c) Post the model policy under par. (a) and the model program under par. (b)
18on its Internet site.
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19(2) By August 15, 2010, each school board shall adopt a policy prohibiting
20bullying by pupils. The school board may adopt the model policy under sub. (1) (a).
21The school board shall provide a copy of the policy to any person who requests it.
22Annually, the school board shall distribute the policy to all pupils enrolled in the
23school 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.]
SB154, s. 13
1Section
13. 119.04 (1) of the statutes is amended to read:
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119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
366.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
4115.345, 115.361, 115.365 (3), 115.38 (2), 115.445,
115.445, 115.45, 118.001 to 118.04,
5118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15,
6118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c)
7to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43,
118.46, 118.51,
8118.52, 118.55, 120.12 (5) and (15) to
(26) (25), 120.125, 120.13 (1), (2) (b) to (g), (3),
9(14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25
10are applicable to a 1st class city school district and board.
SB154, s. 14
11Section
14. 120.12 (26) (title) of the statutes is repealed.
SB154, s. 15
12Section
15. 120.12 (26) of the statutes is renumbered 118.07 (4) (a) 1. and
13amended to read:
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118.07
(4) (a) 1.
Have Each school board and the governing body of each private
15school shall have in effect a school safety plan for each
public or private school in the
16school district
within 3 years of the effective date of this paragraph .... [LRB inserts
17date].
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.
SB154, s. 16
18Section
16. 938.396 (1) (c) 3. (intro.) of the statutes is amended to read:
SB154,11,219
938.396
(1) (c) 3. (intro.) A law enforcement agency, on its own initiative or on
20the request of the school district administrator of a public school district, the
21administrator of a private school, or the designee of the school district administrator
22or the private school administrator, may, subject to official agency policy, provide to
23the school district administrator, private school administrator, or designee, for use
1as provided in s. 118.127
(2), any information in its records relating to any of the
2following:
SB154, s. 17
3Section
17
. 950.08 (2w) of the statutes is created to read:
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950.08
(2w) Information to be provided by district attorneys to schools in
5criminal cases. If a criminal complaint is issued under s. 968.02 or if a petition for
6waiver is granted pursuant to s. 938.18, and the district attorney reasonably believes
7the person charged is a pupil enrolled in a school district, a private school, or a
8charter school established pursuant to 118.40 (2r), the district attorney shall make
9a reasonable attempt to notify the school board, private school governing body, or
10charter school governing body of the charges pending against the pupil. The district
11attorney shall also notify the school board, private school governing body, or charter
12school 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.
