2025 - 2026 LEGISLATURE
LRB-2409/1
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May 20, 2025 - Introduced by Senators Roys, Hesselbein, Larson, Ratcliff and Spreitzer, cosponsored by Representatives Clancy, Mayadev, Andraca, Bare, Billings, DeSanto, DeSmidt, Emerson, Fitzgerald, Joers, Johnson, Madison, Miresse, Phelps, Roe, Snodgrass, Stubbs, Subeck and Tenorio. Referred to Committee on Education.
SB268,1,4
1An Act to renumber and amend 118.31 (1); to amend 118.305 (3) (e), 118.31 2(2), 118.31 (3) (intro.), 118.31 (4), 118.31 (5) and 118.31 (6); to create 118.31 3(1) (b) and 118.31 (1) (c) of the statutes; relating to: prohibiting corporal
4punishment in public and private schools. Analysis by the Legislative Reference Bureau
Under current law, no official, employee, or agent of a school board may subject a pupil enrolled in the school district to corporal punishment. Current law defines “corporal punishment” as the intentional infliction of physical pain that is used as a means of discipline, which includes paddling, slapping, and prolonged maintenance of physically painful positions.
This bill expands the prohibition against subjecting pupils to corporal punishment to apply to officials, employees, and agents of school boards, governing boards of charter schools, and governing bodies of private schools.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB268,15Section 1. 118.305 (3) (e) of the statutes is amended to read: SB268,2,2
1118.305 (3) (e) It does not constitute corporal punishment, as defined in s. 2118.31 (1) (a). SB268,23Section 2. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and 4amended to read: SB268,2,55118.31 (1) (intro.) In this section, “corporal: SB268,2,116(a) “Corporal punishment” means the intentional infliction of physical pain 7which that is used as a means of discipline. “Corporal punishment” includes, but is 8not limited to, paddling, slapping, or prolonged maintenance of physically painful 9positions, when used as a means of discipline. “Corporal punishment” does not 10include actions consistent with an individualized education program developed 11under s. 115.787 or reasonable physical activities associated with athletic training. SB268,312Section 3. 118.31 (1) (b) of the statutes is created to read: SB268,2,1313118.31 (1) (b) “Governing body” means any of the following: SB268,2,14141. For a public school that is not a charter school, a school board. SB268,2,15152. For a charter school, the governing board of the charter school. SB268,2,16163. For a private school, the governing body of the private school. SB268,417Section 4. 118.31 (1) (c) of the statutes is created to read: SB268,2,1918118.31 (1) (c) “School” means a public school, including a charter school, and 19a private school. SB268,520Section 5. 118.31 (2) of the statutes is amended to read: SB268,2,2321118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a 22school board the governing body of a school may subject a pupil enrolled in the 23school district to corporal punishment. SB268,6
1Section 6. 118.31 (3) (intro.) of the statutes is amended to read: SB268,3,42118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or 3agent of a school board the governing body of a school from doing any of the 4following: SB268,75Section 7. 118.31 (4) of the statutes is amended to read: SB268,3,116118.31 (4) Each school board governing body of a school shall adopt a policy 7that allows any official, employee, or agent of the school board governing body of the 8school to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In 9determining whether or not a person was acting within the exceptions in sub. (3), 10deference shall be given to reasonable, good faith judgments made by an official, 11employee, or agent of a school board the governing body of the school. SB268,812Section 8. 118.31 (5) of the statutes is amended to read: SB268,3,1713118.31 (5) Except as provided in s. 939.61 (1), this section does not create a 14separate basis for civil liability of a school board the governing body of a school or 15their its officials, employees, or agents for damages arising out of claims involving 16allegations of improper or unnecessary use of force by school employees against 17students pupils. SB268,918Section 9. 118.31 (6) of the statutes is amended to read: SB268,3,2219118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect 20any action taken by an official, employee, or agent of a school board the governing 21body of a school with regard to a person who is not a pupil enrolled in the school 22district. SB268,4,1
1(1) This act takes effect on the first July 1 after publication.
