This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Analysis by the Legislative Reference Bureau
This bill requires each school board to post on the home page of its Internet site
information related to learning materials and educational activities used in pupil
instruction in the school district and any procedure or policy in effect that applies to
the documentation, review, or approval of such learning materials or educational
activities. Under the bill, “used in pupil instruction” means that a learning material
or educational activity is 1) assigned, distributed, or otherwise presented to pupils
in a course for which pupils receive credit, 2) assigned, distributed, or otherwise
presented to pupils if use of the learning material or participation in the educational
activity is required by the school, 3) assigned, distributed, or otherwise presented to
pupils and at least a majority of pupils in a grade level are expected to use the
learning material or participate in the educational activity, 4) among learning
materials from which pupils are required to select one or more materials, if the
available selection of learning materials is restricted to specific titles, or 5) created
by the school board or a teacher employed by the school board, including lesson plans,
presentations, and videos. The bill requires each school board to include in its list
of learning materials and educational activities 1) bibliographic information
necessary to identify each listed learning material and educational activity, 2) the
full text or a copy of a learning material or educational activity created by the school

board or a teacher employed by the school board, and 3) a link to curricula adopted
by the school board to comply with state law.
Under the bill, a school board must update the list of learning materials and
educational activities at least twice each school year and must notify parents and
guardians each time the list is updated. The bill specifies that one update must occur
before the start of the school term and one update must occur before January 15 of
the applicable school year. The bill also requires the school board to ensure that the
list remains available to the public on its Internet site for at least five years.
Finally, the bill allows a school district resident to bring an action in circuit
court to compel a school board to comply with the requirements created in this bill.
Under the bill, the court must award reasonable attorneys fees, up to $15,000, to the
school district resident if he or she prevails in the action.
For further information see the 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:
SB463,1 1Section 1. 118.01 (1) of the statutes is amended to read:
SB463,2,132 118.01 (1) Purpose. Public education is a fundamental responsibility of the
3state. The constitution vests in the state superintendent the supervision of public
4instruction and directs the legislature to provide for the establishment of district
5schools. The effective operation of the public schools is dependent upon a common
6understanding of what public schools should be and do. Establishing such goals and
7expectations is a necessary and proper complement to the state's financial
8contribution to education. Each school board should provide curriculum, course
9requirements, and instruction consistent with the goals and expectations
10established under sub. (2). Parents and guardians of pupils enrolled in the school
11district share with the state and school board the responsibility for pupils meeting
12the goals and expectations under sub. (2) and have the right to access the information
13under sub. (3)
.
SB463,2 14Section 2. 118.01 (3) of the statutes is created to read:
SB463,3,2
1118.01 (3) Learning materials and educational activities; publicly available
2information
. (a) Definitions. In this subsection:
SB463,3,73 1. “Educational activities” include assemblies, guest lectures, and other
4educational events facilitated by the school board or school board employees,
5including educational events conducted by individuals or organizations that are not
6associated with the school board. “Educational activities” do not include
7presentations given by pupils.
SB463,3,98 2. “Used for pupil instruction” means that a learning material or educational
9activity is, or is planned to be, any of the following during the school year:
SB463,3,1110 a. Assigned, distributed, or otherwise presented to pupils in a course for which
11pupils receive credit.
SB463,3,1312 b. Assigned, distributed, or otherwise presented to pupils if use of the learning
13material or participation in the educational activity is required by the school.
SB463,3,1614 c. Assigned, distributed, or otherwise presented to pupils and at least a
15majority of pupils in a grade level are expected to use the learning material or
16participate in the educational activity.
SB463,3,1917 d. Among learning materials from which pupils are required to select one or
18more materials, if the available selection of learning materials is restricted to specific
19titles.
SB463,3,2120 e. Created by the school board or a teacher employed by the school board,
21including lesson plans, presentations, and videos.
SB463,3,2422 (b) Accessibility. 1. Each school board shall prominently post on the home page
23of the school board's Internet site, in such a manner that the information is available
24to the public, a list of all of the following:
SB463,4,3
1a. The learning materials and educational activities that will be used for pupil
2instruction at each school in the school district during the school year, organized by
3subject area, grade level, and teacher.
SB463,4,84 b. Any procedures or policies in effect for the documentation, review, or
5approval of learning materials or educational activities used for pupil instruction,
6including for the documentation, review, or approval by principals, administrators,
7teachers, school board members, or a committee created by the school board, an
8administrator, or a principal.
SB463,4,99 2. A school board shall include in the list under subd. 1. all of the following:
SB463,4,1310 a. Bibliographic information necessary to identify specific learning materials,
11including textbooks and curricula, and educational activities used for pupil
12instruction, including the title and the author, organization, or internet address
13associated with each specific learning material or educational activity.
SB463,4,1614 b. The full text or a copy of any learning materials or educational activities
15created by the school board or a teacher employed by the school board, including
16lesson plans, presentations, and videos.
SB463,4,1917 c. A link to any curricula adopted by the school board to comply with the school
18board's duties under sub. (2) or any requirement under s. 118.015, 118.017, 118.019,
19or 121.02 (1) (c), (h),(k), (L) or (m).
SB463,4,2520 3. A school board shall update the list under subd. 1. at least twice each school
21year. Annually, a school board shall do one update by the beginning of the school term
22and one update by January 15. A school board shall notify parents and guardians
23that the list has been updated by posting notice on the school board's Internet site
24and providing notice in a newsletter or other written communication that is
25distributed to parents and guardians.
SB463,5,3
14. A school board shall ensure that a list posted under subd. 1. remains
2available to the public on the school board's Internet site for at least 5 years from the
3date the list is posted on the school board's Internet site.
SB463,5,54 (c) Applicability. This subsection may not be construed to require a school
5board to do any of the following:
SB463,5,76 1. Digitally reproduce learning materials other than learning materials
7created by a teacher employed by the school board.
SB463,5,108 2. Post or distribute a learning material or educational activity in a manner
9that would constitute an infringement of copyright under the federal Copyright Act,
1017 USC 101 to 1332.
SB463,5,1511 (d) Enforceability. A resident of the school district that is governed by a school
12board may bring an action for injunctive relief or a writ of mandamus in circuit court
13to compel the school board to comply with this subsection. Notwithstanding s. 814.04
14(1), if the school district resident prevails, the court shall award to the school district
15resident reasonable attorney fees not to exceed $15,000.
SB463,3 16Section 3. Initial applicability.
SB463,5,1817 (1) This act first applies to learning materials and educational activities used
18in pupil instruction in the 2022-23 school year.
SB463,5,1919 (End)
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