Chapter 118

118.016(5)(c) (c) Inadequate rate of progress. For purposes of determining whether a pupil demonstrates an inadequate rate of progress under par. (a) 3., a school board or operator of an independent charter school shall determine whether the pupil is likely to demonstrate grade-level skills by the end of the school year by assessing one of the following:

118.016(5)(c)1. 1. For a pupil enrolled in 5-year-old kindergarten, nonword or nonsense word fluency and phoneme segmentation fluency.

118.016(5)(c)2. 2. For a pupil enrolled in 1st, 2nd, or 3rd grade, oral reading fluency.

118.016(5)(d) (d) Plan completion; 3rd grade. A 3rd grade pupil who has a personal reading plan under par. (a) 1. is considered to have completed the personal reading plan if the pupil’s parent and the pupil’s school agree that the pupil has met the goals outlined in the personal reading plan and the pupil scores at grade-level in reading on a summative assessment, as defined by the department by rule.

118.016(6) (6) Early literacy remediation plan; school district or independent charter school. A school board or operator of an independent charter school shall establish an early literacy remediation plan for grades 5-year-old kindergarten to 3 that includes all of the following:

118.016(6)(a) (a) The assessments the school board or operator of the independent charter school uses to satisfy the requirements under sub. (3).

118.016(6)(b) (b) A description of the interventions the school board or operator of the independent charter school uses to address characteristics of dyslexia.

118.016(6)(c) (c) A description of how the school board or operator of the independent charter school monitors pupil progress during interventions, including the frequency of monitoring pupil progress during interventions and any assessment tools used to monitor pupil progress during interventions.

118.016(6)(d) (d) How the school board or operator of the independent charter school uses results of assessments required under sub. (3) to evaluate early literacy instruction being provided in the school district or at the independent charter school.

118.016(6)(e) (e) A parent notification policy that complies with subs. (4) and (5) (a) 4. and 5.

118.016(7) (7) Reporting assessment data. By no later than July 15, 2025, and each July 15 thereafter, a school board shall report for each school and for the school district, and the operator of an independent charter school shall report for the independent charter school, all of the following to the department:

118.016(7)(a) (a) The number of pupils who were identified as at-risk as the result of a fundamental skills screening assessment administered in the previous school year.

118.016(7)(b) (b) The number of pupils who were identified as at-risk as the result of a universal screening assessment administered in the previous school year.

118.016(7)(c) (c) The number of pupils who were identified as at-risk as the result of a diagnostic assessment administered in the previous school year.

118.016(7)(d) (d) The names of the diagnostic assessments used to assess pupils in the previous school year.

118.016(7)(e) (e) The number of pupils enrolled in 5-year-old kindergarten to 3rd grade who began receiving interventions during the previous school year, by grade.

118.016(7)(f) (f) The total number of pupils enrolled in 5-year-old kindergarten to 3rd grade who received interventions under a personal reading plan during the previous school year.

118.016(7)(g) (g) The number of pupils enrolled in 5-year-old kindergarten to 3rd grade who exited interventions during the previous school year, by grade.

118.016(7)(h) (h) The number of pupils for whom a referral under s. 115.777 was made during the previous school year based on diagnostic assessment results provided to a parent under sub. (4) (a).

118.016(8) (8) Department; duties.

118.016(8)(a) (a) Selected and approved reading readiness assessments.

118.016(8)(a)1. 1. By no later than July 15, 2024, and subject to subd. 2., the department shall select a fundamental skills screening assessment and a universal screening assessment, and establish and maintain a list of diagnostic assessments that are approved by the department for use under this section.

118.016(8)(a)2. 2. The department may select or approve an assessment under subd. 1. only if the assessment meets all of the following criteria:

118.016(8)(a)2.a. a. The assessment has a sensitivity rate of at least 70 percent.

118.016(8)(a)2.b. b. The assessment has a specificity rate of at least 80 percent.

118.016(8)(a)2.c. c. The assessment includes a growth measure.

118.016(8)(a)3. 3. The department shall publish a list of the assessments selected or approved under subd. 1. on its website and submit the lists of approved assessments to the appropriate standing committees of the legislature under s. 13.172 (3). If the department modifies a list under subd. 1., the department shall submit the modified list to the appropriate standing committees of the legislature under s. 13.172 (3).

118.016(8)(b) (b) Reports to the legislature. By November 30, 2025, and by each November 30 thereafter, the department shall compile the information it receives under sub. (7) and submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) that includes the number of pupils identified as at-risk in the previous school year, by school and by school district.

118.016(9) (9) State support.

118.016(9)(a) (a) Payments and assessments. From the appropriation under s. 20.255 (1) (f) and subject to par. (b), the department shall pay a school board or operator of an independent charter school the per pupil cost of each reading readiness assessment required to be administered under sub. (3) (b). Beginning in the 2025-26 school year, the department may pay a school board or operator of an independent charter school under this paragraph only if the school board or operator of the independent charter school does all of the following:

118.016(9)(a)1. 1. Submits the report required under sub. (7) for the previous school year.

118.016(9)(a)2. 2. In the report required under sub. (7) for the previous school year, indicates that the school board or operator of the independent charter school used only reading readiness assessments selected or approved under sub. (8) (a) for that school year.

118.016(9)(b) (b) Proration. If the appropriation under s. 20.255 (1) (f) in any fiscal year is insufficient to pay the full amount of aid under par. (a), the department shall prorate state aid payments among the school boards and operators of independent charter schools entitled to the aid.

118.016(9)(c) (c) Assessments. The department shall provide to each school board and operator of an independent charter school the reading readiness assessments required for the school board or operator to comply with subs. (2) and (3) (a), at no cost to the school board or independent charter school.

118.016(10) (10) Enforcement.

118.016(10)(a) (a) If a parent or guardian of a pupil enrolled in 4-year-old kindergarten to 3rd grade in a school district or independent charter school believes that the school board or operator of the independent charter school is not in compliance with this section, the parent or guardian may file a complaint with the department that describes the specific manner in which the school board or operator is not in compliance with this section. The department shall review a complaint received under this paragraph and issue a determination on whether the school board or operator is in compliance with this section. If the department determines that a school board or operator of an independent charter school is not in compliance with this section, the department shall notify the school board or operator of its determination and shall include in the notice the specific actions required for the school board or operator to be in compliance with this section.

118.016(10)(b) (b) If the department determines under par. (a) that a school board or operator of an independent charter school is not in compliance with this section and the school board or operator continues to fail to comply with this section, the complainant under par. (a) may bring an action for injunctive relief or a writ of mandamus in circuit court to compel the school board to comply with this section.

118.016(11) (11) Rules. The department may promulgate rules under this section only on the following:

118.016(11)(a) (a) A process to select or approve assessments under sub. (8) (a).

118.016(11)(b) (b) A process to request that a specific diagnostic assessment be approved by the department.

118.016 History History: 2011 a. 166; 2013 a. 20; 2015 a. 55; 2023 a. 20; s. 35.17 correction in (9) (c).

118.017 118.017 Foreign language instruction.

118.017(1) (1) All instruction shall be in the English language, except:

118.017(1)(a) (a) Those programs established under subch. VII of ch. 115 where instruction shall be in the English language and in the non-English language of the bilingual-bicultural education program.

118.017(1)(b) (b) The school board may cause any foreign language to be taught to pupils who desire it.

118.017(1)(c) (c) The school board may cause any course to be taught in a foreign language if the purpose is to facilitate the instruction of English speaking pupils in that language.

118.017(2) (2) A school board may grant foreign language credit to a pupil who has satisfactorily completed a high school course in American sign language.

118.017 History History: 1983 a. 412 ss. 4, 5; Stats. 1983 s. 118.017; 1989 a. 280.

118.019 118.019 Human growth and development instruction.

118.019(1) (1) Purpose. The purpose of this section is to foster a partnership between parents of pupils attending schools in the school district and the schools in the school district to promote the optimal health and well-being of the pupils. The provisions of this section are in addition to, and do not supplant, the requirements under ss. 118.01 (2) (d) 2. c. and 8. and 118.13 (1), which are critical to maintaining the physical and psychological health of each pupil.

118.019(1m) (1m) Definitions. In this section:

118.019(1m)(a) (a) “Age-appropriate” means suitable to a particular age group of pupils based on their developing cognitive and emotional capacity and consistent with adolescent development and community standards.

118.019(1m)(b) (b) “Medically accurate information” means information that is scientifically-based and published, where appropriate, in peer-reviewed journals and textbooks.

118.019(2) (2) Subjects. A school board may provide an instructional program in human growth and development in grades kindergarten to 12. If the school board elects to provide an instructional program under this section, when the school board establishes the curriculum for the instructional program, the school board shall make determinations as to whether and, if so, for what subjects covered in the curriculum the pupils shall be separated by gender. If an instructional program is provided, the following instructional program is recommended:

118.019(2)(a) (a) Present medically accurate information to pupils and, when age-appropriate, address the following topics:

118.019(2)(a)1. 1. The importance of communication about sexuality between the pupil and the pupil’s parents or guardians.

118.019(2)(a)2. 2. Reproductive and sexual anatomy and physiology, including biological, psychosocial, emotional, and intellectual changes that accompany maturation.

118.019(2)(a)5. 5. The benefits of and reasons for abstaining from sexual activity. Instruction under this subdivision shall stress the value of abstinence as the only reliable way to prevent pregnancy and sexually transmitted infections, and shall identify the skills necessary to remain abstinent.

118.019(2)(a)7. 7. Methods for developing healthy life skills, including setting goals, making responsible decisions, communicating, and managing stress.

118.019(2)(a)8. 8. How alcohol and drug use affect responsible decision making.

118.019(2)(a)9. 9. The impact of media and one’s peers on thoughts, feelings, and behaviors related to sexuality.

118.019(2)(a)10. 10. Adoption resources, prenatal care, and postnatal supports.

118.019(2)(a)11. 11. The nature and treatment of sexually transmitted infections.

118.019(2)(c) (c) Address self-esteem and personal responsibility, positive interpersonal skills, and healthy relationships.

118.019(2)(d) (d) Identify counseling, medical, and legal resources for survivors of sexual abuse and assault, including resources for escaping violent relationships.

118.019(2)(e) (e) Address the positive connection between marriage and parenting.

118.019(2)(f) (f) Present information about avoiding stereotyping and bullying, including how to refrain from making inappropriate remarks, avoiding engaging in inappropriate physical or sexual behaviors, and how to recognize, rebuff, and report any unwanted or inappropriate remarks or physical or sexual behaviors.

118.019(2d) (2d) Nondiscrimination. An instructional program under this section shall use instructional methods and materials that, consistent with s. 118.13 (1), do not discriminate against a pupil based upon the pupil’s race, gender, religion, sexual orientation, or ethnic or cultural background or against sexually active pupils or children with disabilities. Nothing in this subsection shall be construed to prohibit a school board from approving an instructional program under this section that includes instruction on abstinence from sexual activity or that is abstinence-centered.

118.019(2m) (2m) Required subjects. If a school board provides instruction in any of the areas under sub. (2) (a), the school board shall ensure that instruction conforms to s. 118.13 (1) and that the following is provided, when age appropriate, in the same course and during the same year:

118.019(2m)(c) (c) Presents abstinence from sexual activity as the preferred choice of behavior for unmarried pupils.

118.019(2m)(d) (d) Emphasizes that abstinence from sexual activity before marriage is the only reliable way to prevent pregnancy and sexually transmitted diseases, including human immunodeficiency virus and acquired immunodeficiency syndrome.

118.019(2m)(e) (e) Provides instruction in parental responsibility and the socioeconomic benefits of marriage for adults and their children.

118.019(2m)(f) (f) Explains pregnancy, prenatal development, and childbirth.

118.019(2m)(g) (g) Explains the criminal penalties under ch. 948 for engaging in sexual activities involving a child.

118.019(2m)(h) (h) Explains the sex offender registration requirements under s. 301.45. Instruction under this paragraph shall include who is required to report under s. 301.45, what information must be reported, who has access to the information reported, and the implications of being registered under s. 301.45.

118.019(2m)(i) (i) Provides medically accurate information about the human papilloma virus and the human immunodeficiency virus and acquired immunodeficiency syndrome.

118.019(2m)(j) (j) Explains the process under s. 48.195 under which a parent of a newborn child may relinquish custody of the child to a law enforcement officer, emergency medical services practitioner, or hospital staff member.

118.019(2s) (2s) Provision of instruction. Subject to s. 120.13 (37m), nothing in this section prohibits a school district from providing instruction under this section, in whole or in part, to pupils while the pupils are separated from members of the opposite sex.

118.019(3) (3) Distribution of curriculum to parents; notice. Each school board that provides an instructional program in human growth and development shall annually provide the parents or guardians of each pupil enrolled in the school district with an outline of the human growth and development curriculum used in the pupil’s grade level, information regarding how the parent or guardian may inspect the complete curriculum and instructional materials, an explanation of the exemption under sub. (4), and a statement that pupils exempted from instruction under this section will still receive instruction in the subjects under s. 118.01 (2) (d) 2. c., unless exempted, and s. 118.01 (2) (d) 8. The school board shall make the complete human growth and development curriculum and all instructional materials available for inspection by a parent or guardian upon his or her request at any time, including prior to their use in the classroom.

118.019(4) (4) Exemption for individual pupils. No pupil may be required to take instruction in human growth and development or in the specific subjects under subs. (2) and (2m) if the pupil’s parent or guardian files with the teacher or school principal a written request that the pupil be exempted.

118.019(5) (5) Advisory committee. In any school district that offers a human growth and development curriculum, the school board shall appoint an ad hoc advisory committee whose role is to advise the school board on the design and implementation of the human growth and development curriculum and to review the curriculum. Parents, teachers, school administrators, pupils, health care professionals, members of the clergy, and other residents of the school district shall comprise the committee. No one category of member shall constitute more than one-fifth of the membership of the committee, except that parents may comprise more than one-fifth of the membership of the committee. No more than one quarter of the members of the committee may be made up of employees of the school district or their spouses or members of the school board or their spouses.

118.019 History History: 1985 a. 56; 1987 a. 399; 1989 a. 203; 1995 a. 27; 1997 a. 27; 2001 a. 16; 2005 a. 341, 445; 2009 a. 134; 2011 a. 216; 2021 a. 90.

118.02 118.02 Special observance days. On the following days when school is held or, if the day falls on a Saturday or Sunday, on a school day immediately preceding or following the respective day, the day shall be appropriately observed:

118.02(1) (1) January 15, Dr. Martin Luther King, Jr. Day.

118.02(2) (2) February 12, Abraham Lincoln’s birthday.

118.02(3) (3) February 15, Susan B. Anthony’s birthday.

118.02(4) (4) February 22, George Washington’s birthday.

118.02(5) (5) March 4, Casimir Pulaski Day.

118.02(5m) (5m) March 17, for “The Great Hunger” in Ireland from 1845 to 1850.