2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 843
March 20, 2018 - Offered by Senator
1An Act to repeal
115.33 (4), 118.035 (5), 118.07 (4) (a) 2., 118.38 (4), 118.51 (4) 2
(a) 4., 118.51 (6), 118.51 (7) (a) and 121.91 (5) (b); to renumber
118.51 (7) (b) 3
and 121.91 (5) (a); to renumber and amend
118.07 (4) (a) 1.; to amend
(2), 115.28 (43), 118.07 (4) (b), 118.07 (4) (d), 118.07 (5), 118.126 (1) (c), 118.126 5
(2), 118.51 (3) (a) 4., 118.51 (9), 118.57 (2), 119.04 (1), 904.085 (4) (d), 905.045 6
(4) and 905.06 (4); and to create
15.253 (3), 20.455 (2) (f), 20.455 (2) (im), 20.923 7
(4) (c) 6., 118.07 (4) (bm) 1., 118.07 (4) (bm) 3., 118.07 (4) (cf), 118.07 (4) (cm), 8
118.07 (4) (cp), 118.07 (4) (e), 146.816 (2) (b) 5., 165.28, 165.88, 175.32, 230.08 9
(2) (wc) and 905.04 (4) (em) of the statutes; relating to: school safety; open
10enrollment; repealing outdated or expired reporting requirements;
11tuberculosis screening; providing an exemption from rule-making procedures;
12providing a criminal penalty; and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
15.253 (3) of the statutes is created to read:
15.253 (3) Office of school safety.
There is created an office of school safety. 3
The director of the office shall be appointed by the attorney general.
20.455 (2) (f) of the statutes is created to read:
(f) School safety.
As a continuing appropriation, the amounts in the 8
schedule to provide grants under s. 165.88 (2).
20.455 (2) (im) of the statutes is created to read:
(im) Training to school staff.
All moneys received from fees collected 11
under s. 165.28 (3) to provide training to school staff under s. 165.28 (3).
20.923 (4) (c) 6. of the statutes is created to read:
(c) 6. Justice, department of: director of the office of school safety.
51.17 (2) Authorization.
Any health care provider, as permitted by s. 146.816 17
(2) (b) 4. or 5.
, and any law enforcement officer may make a disclosure of information 18
evidencing that an individual poses a substantial probability of serious bodily harm
to any other person in a good faith effort to prevent or lessen a serious and imminent 2
threat to the health or safety of a person or the public.
115.28 (43) of the statutes is amended to read:
115.28 (43) School safety funding.
With the department of justice, seek and 5
apply for federal funds relating to school safety and reducing violence and disruption 6
in schools, including funds for alternative schools or programs.
7shall make a report by January 1, 2001, and January 1, 2003, of its progress in
8applying for and obtaining funds under this subsection. The report shall be provided
9to the legislature in the manner provided under s. 13.172 (2) to the cochairpersons
10of the joint committee on finance and to the governor.
115.33 (4) of the statutes is repealed.
118.035 (5) of the statutes is repealed.
118.07 (4) (a) 1. of the statutes is renumbered 118.07 (4) (a) and 14
amended to read:
(a) Each school board and the governing body of each private school 16
shall have in effect a school safety plan for each public or private school in the school
17district within 3 years of May 27, 2010
118.07 (4) (a) 2. of the statutes is repealed.
118.07 (4) (b) of the statutes is amended to read:
(b) A school safety plan shall be created with the active participation 21
of appropriate parties, as specified by the school board or governing body of the 22
private school. The appropriate parties may include the department of justice,
law enforcement officers, fire fighters, school administrators, teachers, pupil 24
services professionals, as defined in s. 118.257 (1) (c), and mental health 25
professionals. Before creating or updating a school safety plan, a school board or
1governing body of a private school shall, in consultation with a local law enforcement
2agency, conduct an on-site safety assessment of each school building, site, and
3facility that is regularly occupied by pupils. The on-site assessment shall include
4playgrounds, athletic facilities or fields, and any other property that is occupied by
5pupils on a regular basis.
A school safety plan shall include general all of the following:
guidelines specifying procedures for emergency prevention and 8
mitigation, preparedness, response, and recovery. The plan shall also specify the
process for reviewing the methods for conducting drills required to 10
comply with the plan.
118.07 (4) (bm) 1. of the statutes is created to read:
(bm) 1. An individualized safety plan for each school building and 13
facility that is regularly occupied by pupils. The individualized safety plan shall 14
include any real property related to the school building or facility that is regularly 15
occupied by pupils.
118.07 (4) (bm) 3. of the statutes is created to read:
(bm) 3. Guidelines and procedures to address school violence and 18
attacks, threats of school violence and attacks, bomb threats, fire, weather-related 19
emergencies, intruders, parent-student reunification, and threats to non-classroom 20
events, including recess, concerts and other performances, athletic events, and any 21
other extracurricular activity or event.
118.07 (4) (cf) of the statutes is created to read:
(cf) Upon the creation of a school safety plan under par. (a) and upon 24
each review of a school safety plan under par. (d), a school board shall submit a copy 25
of the most recent blueprints of each school building and facility in the school district
to each local law enforcement agency with jurisdiction over any portion of the school 2
district and to the office of school safety. Upon the creation of a school safety plan 3
under par. (a) and upon each review of a safety plan under par. (d), a governing body 4
of a private school shall submit a copy of the most recent blueprints of the private 5
school and all of its facilities to each local law enforcement agency with jurisdiction 6
over the private school and to the office of school safety.
118.07 (4) (cm) of the statutes is created to read:
(cm) Neither a school board nor a governing body of a private school 9
may include in a school safety plan any of the following:
1. A requirement for an employee to contact a school administrator, school 11
official, or any other person before calling the telephone number “911”
2. A prohibition against an employee reporting school violence or a threat of 13
school violence directly to a law enforcement agency.
3. A prohibition against an employee reporting a suspicious individual or 15
activity directly to a law enforcement agency.
118.07 (4) (cp) of the statutes is created to read:
(cp) Each school board and the governing body of each private school 18
shall ensure that, at each school building regularly occupied by pupils, pupils are 19
drilled, at least annually, in the proper response to a school violence event in 20
accordance with the school safety plan in effect for that school building. The person 21
having direct charge of the school building at which a drill is held under this 22
paragraph shall submit a brief written evaluation of the drill to the school board or 23
governing body of the private school within 30 days of holding the drill. The school 24
board or governing body of the private school shall review all written evaluation
submitted under this paragraph. A drill under this paragraph may be substituted 2
for a school safety drill required under sub. (2) (a).
118.07 (4) (d) of the statutes is amended to read:
(d) Each school board and the governing body of each private school 5
shall review and approve
the school safety plan at least once every 3 years after the 6
plan goes into effect.
118.07 (4) (e) of the statutes is created to read:
(e) Before January 1, 2019, and before each January 1 thereafter, 9
each school board and the governing body of each private school shall file a copy of 10
its school safety plan with the office of school safety. At the time a school board or 11
governing body files a school safety plan, the school board or governing body shall 12
also submit all of the following to the office of school safety:
1. The date of the annual drill or drills under par. (cp) held during the previous 14
2. Certification that a written evaluation of the drill or drills under par. (cp) was 16
reviewed by the school board or governing body under par. (cp).
3. The date of the most recent school training on school safety required under 18
par. (c) and the number of attendees.
4. The most recent date on which the school board or governing body reviewed 20
and approved the school safety plan.
5. The most recent date on which the school board or governing body consulted 22
with a local law enforcement agency to conduct on-site safety assessments required 23
under par. (b).
118.07 (5) of the statutes is amended to read:
Each school board shall require every employee of the school district 2
governed by the school board to receive training provided by the department in 3
identifying children who have been abused or neglected and,
in the laws and 4
procedures under s. 48.981 governing the reporting of suspected or threatened child 5
abuse and neglect, and in the laws under s. 175.32 governing the reporting of a threat
. A school district employee shall receive that training within the first 6 7
months after commencing employment with the school district and at least once 8
every 5 years after that initial training.
118.126 (1) (c) of the statutes is amended to read:
(c) The information is required to be reported under s. 48.981 or
118.126 (2) of the statutes is amended to read:
A school psychologist, counselor, social worker,
or nurse, or any 14
teacher or administrator designated by the school board who engages in alcohol or 15
drug abuse program activities, who in good faith discloses or fails to disclose 16
information under sub. (1) is immune from civil liability for such acts or omissions. 17
This subsection does not apply to information required to be reported under s. 48.981 18or 175.32
118.51 (3) (a) 4. of the statutes is amended to read:
(a) 4. On or before the 2nd Friday following the first Monday in June 22
following receipt of a copy of the application, if a resident school board denies a pupil's 23
enrollment in a nonresident school district under sub. (6) or (7)
, the resident school 24
board shall notify the applicant and the nonresident school board, in writing, that 25
the application has been denied and include in the notice the reason for the denial.
118.51 (4) (a) 4. of the statutes is repealed.
118.51 (7) (a) of the statutes is repealed.
118.51 (7) (b) of the statutes is renumbered 118.51 (7).
118.51 (9) Appeal of rejection.
If the nonresident school board rejects an 8
application under sub. (3) (a) or (7), the resident school board prohibits a pupil from 9
attending public school in a nonresident school district under sub. (3m) (d), (6), or (7), 10
or the nonresident school board prohibits a pupil from attending public school in the 11
nonresident school district under sub. (11), the pupil's parent may appeal the 12
decision to the department within 30 days after the decision. If the nonresident 13
school board provides notice that the special education or related service is not 14
available under sub. (12) (b), the pupil's parent may appeal the required transfer to 15
the department within 30 days after receipt of the notice. The department shall 16
affirm the school board's decision unless the department finds that the decision was 17
arbitrary or unreasonable.