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DOA:......Kretschmann, BB0531 - Health emergencies in learning places grants
For 2025-2027 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
EDUCATION
Primary and secondary education
Health emergencies in learning places grants
This bill requires school boards, independent charter schools, and private schools participating in a parental choice program or the Special Needs Scholarship Program (local educational agencies) to have 1) a cardiac emergency response plan for cardiac emergencies that occur on school property, 2) an adequate supply of opioid antagonists on site, and 3) a carbon monoxide detector in each room of a school that contains a fuel-burning, forced-air furnace or a boiler, or as otherwise required by DSPS. The bill also requires DPI to provide aid to local educational agencies for the costs of complying with these requirements.
1. Cardiac emergency response plans. Beginning in the 2025-26 school year, the bill requires each local educational agency to have in effect a cardiac emergency response plan (CERP) for cardiac emergencies that occur on school property. Under the bill, a CERP is a written document that establishes specific steps to reduce death from cardiac arrest in a specific setting. Under the bill, a CERP must include various components, including a cardiac emergency response team; information on how the cardiac emergency response team is activated in the event of an emergency; and requirements for automated external defibrillator placement, maintenance, and training in usage, training in first aid and cardiopulmonary resuscitation, and drills to practice the CERP.
2. Opioid antagonists. Under current law, school boards and governing bodies of private schools must supply a standard first aid kit for use in an emergency. Under the bill, independent charter schools must also supply a standard first aid kit for use in an emergency. Current law also authorizes certain school personnel, including employees and volunteers of public and private schools, to administer an opioid antagonist to a person who appears to be undergoing an opioid-related drug overdose. Most recently, 2023 Wisconsin Act 194 provided civil immunity to elementary and secondary schools, school personnel, and particular medical professionals who provide or administer an opioid antagonist.
Under the bill, each local educational agency must ensure that each school maintains a usable supply of an opioid antagonist on site, in a place that is accessible at all times.
3. Carbon monoxide detectors. Under current law, DPI must establish a model management plan for maintaining indoor environmental quality in public and private schools. By no later than July 1, 2026, the bill requires DPI to include in that model plan that public and private schools must have a carbon monoxide detector in each room in a school that contains a fuel-burning, forced-air furnace or a boiler, and as otherwise required by DSPS.
Under current law, school boards and private schools participating in a parental choice program must have and implement a plan for maintaining indoor environmental quality in schools. The bill extends this requirement to independent charter schools. Additionally, the bill requires that, by no later than October 1, 2026, each local educational agency include in its management plan for maintaining indoor environmental quality the same carbon monoxide detector requirement that is included in DPI’s model plan. Under the bill, each local educational agency must implement the carbon monoxide detector requirement by no later than July 1, 2027. The bill also requires local educational agencies to reasonably maintain all carbon monoxide detectors as specified in the detectors’ instructions. The requirements related to carbon monoxide detectors do not apply to a local educational agency that is a private school participating only in the Special Needs Scholarship Program.
Under current law generally, carbon monoxide detectors are required in dwellings with an attached garage, a fireplace, or a fuel-burning appliance. Carbon monoxide detectors are also required in public buildings that are used for sleeping or lodging and contain a fuel-burning appliance, a fuel-burning forced-air furnace, or an attached garage.
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:
Section 1. 20.255 (2) (bp) of the statutes is created to read:
20.255 (2) (bp) Health emergencies in learning places; grants. Biennially, the amounts in the schedule for grants under s. 115.28 (68) to school boards, independent charter schools, and private schools participating in a program under s. 115.7915, 118.60, or 119.23.
****Note: This Section involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
Section 2. 115.28 (68) of the statutes is created to read:
115.28 (68) Health emergencies in learning places; grants. Annually, from the appropriation under s. 20.255 (2) (bp), award grants to school boards, operators of charter schools, and governing bodies of private schools participating in a program under s. 115.7915, 118.60, or 119.23 to comply with requirements under ss. 118.07 (1) (b) and (6), 118.075 (4) (a) and (b), 118.60 (7) (g) 1. and 2. and 119.23 (7) (g) 1. and 2. A grant under this subsection may be used for any of the following:
(a) Automated external defibrillators.
(b) Automated external defibrillator maintenance.
(c) Cardiopulmonary resuscitation training supplies and materials.
(d) Cardiopulmonary resuscitation training for school personnel, including coaches, school nurses, and athletic trainers.
(e) First aid training and education materials.
(f) Other activities that promote preparedness for using cardiac emergency response plans in a school or athletic facility.
(g) Carbon monoxide detectors.
(h) Opioid antagonists.
Section 3. 118.07 (1) of the statutes is renumbered 118.07 (1) (a) and amended to read:
118.07 (1) (a) Every school board, every operator of a charter school, and the governing body of every private school shall provide a standard first aid kit for use in cases of emergency.
Section 4. 118.07 (1) (b) of the statutes is created to read:
118.07 (1) (b) Beginning in the 2025-26 school year, each school board, operator of a charter school, and governing body of a private school participating in a program under s. 115.7915, 118.60, or 119.23 shall ensure that each public school, charter school, and private school has on site an adequate, usable supply of an opioid antagonist, as defined in s. 450.01 (13v). A supply of an opioid antagonist provided under this paragraph shall be in a location that is easily accessible at all times.
Section 5. 118.07 (6) of the statutes is created to read:
118.07 (6) (a) In this subsection, “cardiac emergency response plan” means a written document that establishes specific steps to reduce death from cardiac arrest in a specific setting.
(b) Beginning in the 2025-26 school year, each school board, operator of a charter school, and governing body of a private school participating in a program under s. 115.7915, 118.60, or 119.23 shall have in effect a cardiac emergency response plan for cardiac emergencies that occur on school property and a cardiac emergency response plan for cardiac emergencies that occur at a school-sponsored athletic practice or event. The school board, operator of a charter school, or governing body of a private school shall include in each cardiac emergency response plan at least all of the following:
1. A cardiac emergency response team.
2. Information on how the cardiac emergency response team is activated in response to a sudden cardiac arrest.
3. Requirements for automated external defibrillator placement, including that each automated external defibrillator is retrievable within 3 minutes and that the placement complies with American Heart Association guidelines, and routine maintenance.
4. Information on how the cardiac emergency response plan is shared at the school and within the school community.
5. Requirements for ongoing training in first aid, cardiopulmonary resuscitation, and automated external defibrillator use for certain school personnel, including coaches, school nurses, and athletic trainers, and a requirement that at least 3 individuals participate in the training under this subdivision.
6. A requirement to practice the cardiac emergency response plan using drills.
7. Information on cooperating with local emergency medical services.
8. A requirement to review and evaluate the cardiac emergency response plan at least annually and after each time the cardiac emergency response plan is activated in response to a cardiac emergency.
Section 6. 118.075 (3) of the statutes is amended to read:
118.075 (3) Indoor environmental quality in schools model management plan. By the first day of the 12th month beginning after the month in which the task force submits its report under sub. (2) (f), the department shall establish a model management plan and practices for maintaining indoor environmental quality in public and private schools. In developing the plan and practices, the department shall consider the recommendations of the task force. By July 1, 2026, the department shall include in the model management plan and practices for maintaining indoor environmental quality a requirement that public and private schools shall install and maintain a carbon monoxide detector, as defined in s. 101.149 (1) (am), in each room of a school that contains a fuel-burning, forced-air furnace or a boiler, or as otherwise required by the department of safety and professional services or a person certified under s. 101.12 (4) or 101.14 (4r).
Section 7. 118.075 (4) (title) of the statutes is amended to read:
118.075 (4) (title) School district Public school plans.
Section 8. 118.075 (4) (a) of the statutes is renumbered 118.075 (4) (a) 1. and amended to read:
118.075 (4) (a) 1. By the first day of the 3rd month beginning after the month in which the department establishes the model management plan and practices under sub. (3), each school board shall provide for the development of a plan for maintaining indoor environmental quality in its schools. Beginning on October 1, 2026, each school board shall include in the school board’s plan under this subdivision a requirement to provide and maintain a carbon monoxide detector, as defined in s. 101.149 (1) (am), in each room of a school that contains a fuel-burning, forced-air furnace or a boiler, and as otherwise required by the department of safety and professional services or a person certified under s. 101.12 (4) or 101.14 (4r).
Section 9. 118.075 (4) (a) 2. of the statutes is created to read:
118.075 (4) (a) 2. Beginning on October 1, 2026, each operator of a charter school authorized under s. 118.40 (2r) or (2x) shall provide for the development of a plan for maintaining indoor environmental quality in its charter school. An operator of a charter school authorized under s. 118.40 (2r) or (2x) shall include in the plan under this subdivision a requirement to provide and maintain a carbon monoxide detector, as defined in s. 101.149 (1) (am), in each room of the charter school that contains a fuel-burning, forced-air furnace or a boiler, and as otherwise required by the department of safety and professional services or a person certified under s. 101.12 (4) or 101.14 (4r).
Section 10. 118.075 (4) (b) of the statutes is renumbered 118.075 (4) (b) 1. and amended to read:
118.075 (4) (b) 1. By the first day of the 12th month beginning after the month in which the department establishes the model management plan and practices under sub. (3), each school board shall implement a plan for maintaining indoor environmental quality in its schools. By July 1, 2027, each school board shall provide a carbon monoxide detector, as defined in s. 101.149 (1) (am), in each room of a school that contains a fuel-burning, forced-air furnace or a boiler, and as otherwise required by the department of safety and professional services or a person certified under s. 101.12 (4) or 101.14 (4r) and reasonably maintain every carbon monoxide detector in its schools in the manner specified in the instructions for the carbon monoxide detector.
Section 11. 118.075 (4) (b) 2. of the statutes is created to read:
118.075 (4) (b) 2. By July 1, 2027, each operator of a charter school authorized under s. 118.40 (2r) or (2x) shall provide a carbon monoxide detector, as defined in s. 101.149 (1) (am), in each room of the charter school that contains a fuel-burning, forced-air furnace or a boiler, and as otherwise required by the department of safety and professional services or a person certified under s. 101.12 (4) or 101.14 (4r) and reasonably maintain every carbon monoxide detector in the charter school in the manner specified in the instructions for the carbon monoxide detector.
Section 12. 118.075 (4) (c) of the statutes is amended to read:
118.075 (4) (c) Each school board and operator of a charter school authorized under s. 118.40 (2r) or (2x) shall provide a copy of the plan implemented under par. (b) to any person upon request.
Section 13. 118.60 (7) (g) 1. of the statutes is amended to read:
118.60 (7) (g) 1. By the first day of the 3rd month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by October 1 of a private school’s first school year of participation in the program under this section, whichever is later, the private school shall provide for the development of a plan for maintaining indoor environmental quality in the private school. Beginning on October 1, 2026, each private school shall include in the private school’s plan under this subdivision a requirement to provide and maintain a carbon monoxide detector, as defined in s. 101.149 (1) (am), in each room of the private school that contains a fuel-burning, forced-air furnace or a boiler, and as otherwise required by the department of safety and professional services or a person certified under s. 101.12 (4) or 101.14 (4r).
Section 14. 118.60 (7) (g) 2. of the statutes is amended to read:
118.60 (7) (g) 2. By the first day of the 12th month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by the beginning of the 2nd school year of participation in the program under this section, whichever is later, the private school shall implement a plan for maintaining indoor environmental quality in the private school. By July 1, 2027, or by the beginning of the 2nd school year of participation in the program under this section, whichever is later, the private school shall provide a carbon monoxide detector, as defined in s. 101.149 (1) (am), in each room of the private school that contains a fuel-burning, forced-air furnace or a boiler, and as otherwise required by the department of safety and professional services or a person certified under s. 101.12 (4) or 101.14 (4r) and reasonably maintain every carbon monoxide detector in the private school in the manner specified in the instructions for the carbon monoxide detector.
Section 15. 119.23 (7) (g) 1. of the statutes is amended to read:
119.23 (7) (g) 1. By the first day of the 3rd month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by October 1 of a private school’s first school year of participation in the program under this section, whichever is later, the private school shall provide for the development of a plan for maintaining indoor environmental quality in the private school. Beginning on October 1, 2026, each private school shall include in the private school’s plan under this subdivision a requirement to provide and maintain a carbon monoxide detector, as defined in s. 101.149 (1) (am), in each room of the private school that contains a fuel-burning, forced-air furnace or a boiler, and as otherwise required by the department of safety and professional services or a person certified under s. 101.12 (4) or 101.14 (4r).
Section 16. 119.23 (7) (g) 2. of the statutes is amended to read:
119.23 (7) (g) 2. By the first day of the 12th month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by the beginning of the 2nd school year of participation in the program under this section, whichever is later, the private school shall implement a plan for maintaining indoor environmental quality in the private school. By July 1, 2027, or by the beginning of the 2nd school year of participation in the program under this section, whichever is later, the private school shall provide a carbon monoxide detector, as defined in s. 101.149 (1) (am), in each room of the private school that contains a fuel-burning, forced-air furnace or a boiler, and as otherwise required by the department of safety and professional services or a person certified under s. 101.12 (4) or 101.14 (4r) and reasonably maintain every carbon monoxide detector in the private school in the manner specified in the instructions for the carbon monoxide detector.
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