Chapter 118

118.076(3) (3) Beginning in the 2017-18 school year and subject to sub. (4), each school board operating any grade from 7 to 12, the operator of each charter school established under s. 118.40 (2r) or (2x) that operates any grade from 7 to 12, and the governing body of each private school that operates any grade from 7 to 12 shall do all of the following:

118.076(3)(a) (a) Provide instruction in cardiopulmonary resuscitation and cardiocerebral resuscitation in any health education course offered to pupils in grades 7 to 12. The school board, operator of the charter school, or governing body of the private school shall use either of the following, and shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and cardiocerebral resuscitation:

118.076(3)(a)1. 1. An instructional program developed by the American Red Cross or the American Heart Association.

118.076(3)(a)2. 2. Nationally recognized, evidence-based guidelines for cardiopulmonary resuscitation and cardiocerebral resuscitation.

118.076(3)(b) (b) Provide instruction about automated external defibrillators to pupils enrolled in grades 7 to 12 in the school district, charter school, or private school.

118.076(4) (4) 

118.076(4)(a) (a) In this subsection, a “virtual school” is a school in which all or a portion of the instruction is provided through means of the Internet, and the pupils enrolled in and instructional staff employed by the school are geographically remote from each other. “Virtual school” includes a virtual charter school.

118.076(4)(b) (b) A virtual school need not provide any instruction required under sub. (3) in a manner that requires the pupils receiving the instruction and instructional staff providing the instruction to be together in the same geographical location. A virtual school may provide all of the instruction required under sub. (3) through the means of the Internet.

118.076 History History: 2009 a. 273; 2015 a. 55, 390; 2017 a. 59.

118.08 118.08 School zones; crossings.

118.08(1) (1) On any street or highway which borders the grounds of any public, private, or tribal school in which school is held for a term of not less than 6 months, the authority in charge of the maintenance of the street or highway shall erect black and yellow “school” warning signs. The authority may also designate school crossings across any street or highway, whether or not the street or highway borders on the grounds of a school.

118.08(2) (2) All signs required by this section and their installation shall comply with standards adopted by the department of transportation.

118.08 History History: 1973 c. 90; 1975 c. 48; 1977 c. 29 s. 1654 (8) (g); 2009 a. 302.

118.09 118.09 Safety zones.

118.09(1) (1) Every school district maintaining a school outside the corporate limits of a city or village shall provide at the school site a zone which will provide safety for pupils from vehicular traffic during loading and unloading of pupils at the school. The zone may consist of a widening toward or into the schoolyard of the traveled portion of the adjacent highway so as to permit a vehicle to stop in the extended area completely clear of such traveled portion or may be constructed wholly within the schoolyard with connecting roads to the adjacent highway. The zone and approaches from the highway for use of vehicles shall be graveled or hard-surfaced.

118.09(2) (2) The school district shall cooperate with the agency of the town, county or state having jurisdiction of the highway to the end that matters pertaining to the highway will be properly protected. Contracts for the necessary materials and construction and maintenance, including snow removal, of zones may be entered into with the county or town or with private persons. If the contracting party does not have jurisdiction over the highway, the contract shall be approved by the agency of the state, county or town having jurisdiction over the highway before any work is commenced thereunder.

118.09(3) (3) All loading and unloading of pupils at the school, whether transported by a public or private vehicle, shall take place in the safety zone. The operator of a vehicle under contract to transport pupils to the school shall have necessary police powers so that pupils will be properly safeguarded in loading and unloading at the zone and while the operator’s vehicle is approaching and leaving the zone. The operator shall first alight before loading or unloading pupils at the zone, and while at stops on the operator’s highway route to load and unload pupils, the operator shall exhibit the vehicle’s stop sign.

118.09(4) (4) Private schools shall comply with this section to the same extent as school districts.

118.09 History History: 1993 a. 492.

118.10 118.10 School safety patrols. Any school board may organize school safety patrols and, with the permission of the parents, appoint pupils as members thereof for the purpose of influencing and encouraging the other pupils to refrain from crossing public highways at points other than at regular crossings and for the purpose of directing pupils not to cross highways at times when the presence of traffic would render such crossing unsafe. Nothing in this section authorizes or permits the use of any safety patrol member for the purpose of directing vehicular traffic, nor may any safety patrol member be stationed in that portion of the highway intended for the use of vehicular traffic. No liability shall attach to the school district or any individual, school board member, school district administrator, teacher or other school authority by virtue of the organization, maintenance or operation of a school safety patrol organized, maintained and operated under this section.

118.10 History History: 1997 a. 113.

118.105 118.105 Control of traffic on school premises.

118.105(1) (1) Any school board may request local authorities to control motor vehicle and pedestrian traffic on off-highway school premises located within the jurisdiction of such local authorities.

118.105(2) (2) If the governing body of any town, city or village by ordinance regulates the operation and parking of motor vehicles on off-highway public school premises, school drives or parking lots or pedestrian traffic on any such drives or parking lots, the school board may enter into written agreements with such governing body for reimbursement of the cost of enforcing such ordinance.

118.105(3) (3) Nothing in this section shall preclude the governing body of any town, city or village from repealing ordinances regulating the operation or parking of motor vehicles on off-highway public school premises, drives or parking lots or regulating pedestrian traffic on such drives or parking lots without prior consent of a school board which requested enactment of such ordinance.

118.105 History History: 1975 c. 251.

118.11 118.11 School fences. The school district shall erect and maintain all the fence necessary to enclose the school site or grounds without any financial burden on the holders of adjoining properties.

118.12 118.12 Sale of goods and services at schools.

118.12(1) (1) 

118.12(1)(a) (a) Except as provided under par. (b), any person may sell or promote the sale of goods or services on school district or cooperative educational service agency property.

118.12(1)(b) (b) A school board may adopt written resolutions governing the sale and promotion of goods and services on school district property. The board of control of a cooperative educational service agency may adopt written resolutions governing the sale and promotion of goods and services on agency property. The resolutions may prohibit, restrict or provide guidelines for such sales and promotions.

118.12(2) (2) 

118.12(2)(a) (a) No school district employee may receive for his or her personal benefit anything of value from any person other than his or her employing school district to sell, promote the sale of or act as an agent or solicitor for the sale of any goods or services to any public school pupil while on the property of his or her employing school district or at an activity of his or her employing school district.

118.12(2)(b) (b) No cooperative educational service agency employee may receive for his or her personal benefit anything of value from any person other than his or her employing agency to sell, promote the sale of or act as an agent or solicitor for the sale of any goods or services to any public school pupil while on the property or at an activity of his or her employing agency or while on the property or at an activity of a school district in the agency.

118.12(3) (3) Any person violating sub. (2) is subject to a forfeiture of not more than $200 for each offense.

118.12(4) (4) If a school board enters into a contract that grants to one vendor the exclusive right to sell soft drinks in one or more schools of the school district, the contract may not prohibit the sale of milk in any school and, to the maximum extent possible, the school board shall ensure that milk is available to pupils in each school covered by the contract.

118.12(5) (5) If a school board contracts with a person to provide photographs of 12th grade pupils for a school yearbook, the contract may not prohibit a pupil from supplying his or her own photograph for the yearbook, subject to the school board’s reasonable specifications.

118.12 History History: 1985 a. 214; 1997 a. 35; 2001 a. 109; 2003 a. 132.

118.123 118.123 Reports and records; forfeitures.

118.123(1) (1) Any officer or teacher who fails or neglects to make the reports or who fails to keep the records required by chs. 115 to 121 shall forfeit not less than $5 nor more than $25 for each such failure or neglect.

118.123(2) (2) If any person designated in chs. 115 to 121 to prosecute an action for a forfeiture or neglect of duty fails to prosecute the action within 10 days after being requested in writing by an elector of the school district to do so, any elector of the school district may prosecute the action.

118.123 History History: 1979 c. 89, 301; 1985 a. 214 s. 1; Stats. 1985 s. 118.123.

118.124 118.124 Statistics of crimes and other safety-related incidents.

118.124(1) (1) In this section:

118.124(1)(a) (a) “Participating private high school” means a private school participating in a parental choice program under s. 118.60 or 119.23 that operates high school grades.

118.124(1)(b) (b) “Public high school” means a public school, including a charter school, that operates high school grades.

118.124(2) (2) 

118.124(2)(a) (a) Subject to par. (b), beginning in the 2024-25 school year, a public high school and a participating private high school shall collect and maintain statistics of incidents of the following:

118.124(2)(a)1. 1. Homicide.

118.124(2)(a)2. 2. Sexual assault.

118.124(2)(a)3. 3. Burglary, robbery, or theft.

118.124(2)(a)4. 4. Battery, substantial battery, or aggravated battery under s. 940.19.

118.124(2)(a)5. 5. Arson.

118.124(2)(a)6. 6. Use or possession of alcohol, a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).

118.124(2)(a)7. 7. Possession of a firearm in violation of s. 948.605 (2).

118.124(2)(a)8. 8. A violation of a municipal ordinance relating to disorderly conduct.

118.124(2)(b) (b) The requirement under par. (a) applies only to an incident that satisfies all of the following:

118.124(2)(b)1. 1. The incident occurred during one of the following:

118.124(2)(b)1.a. a. School hours.

118.124(2)(b)1.b. b. A school-sanctioned event that occurred before or after school hours.

118.124(2)(b)1.c. c. The transportation of pupils to or from school.

118.124(2)(b)2. 2. The incident occurred on one of the following:

118.124(2)(b)2.a. a. Property owned or leased by the school district in which the public high school is located, by the operator of the charter school, or by the governing body of the participating private high school.

118.124(2)(b)2.b. b. Transportation, including all of the methods of transportation described in ss. 121.55 and 121.555, provided by the public high school, participating private high school, or school district.

118.124(2)(b)3. 3. The incident was reported to law enforcement, and, as a result of the incident, a charge was filed or a citation was issued.

118.124(3) (3) 

118.124(3)(a) (a) Annually, each public high school in a school district other than a charter school established under s. 118.40 (2r) or (2x) shall report the statistics collected under sub. (2) to the school board. Annually, by July 31, each school board shall submit to the department a report that includes the statistics reported under this paragraph by each public high school in the school district and aggregate statistics collected under sub. (2) for all of the public high schools in the school district other than charter schools established under s. 118.40 (2r) or (2x).

118.124(3)(b) (b) Annually, by July 31, each operator of a charter school established under s. 118.40 (2r) or (2x) that operates high school grades and the governing body of each participating private high school shall submit to the department the statistics the operator or governing body collected under sub. (2).

118.124(3)(c) (c) No school board, operator of a charter school established under s. 118.40 (2r) or (2x), or governing body of a participating private high school may include the identity of a pupil in a report under this subsection.

118.124(4) (4) The department shall promulgate rules to administer this section, including a rule that requires public high schools, participating private high schools, and school districts to collect and report statistics of incidents under this section in accordance with the uniform crime reporting system of the department of justice.

118.124(5) (5) The department of justice shall cooperate with the department to develop a reporting system under this section that incorporates the uniform crime reporting system of the department of justice.

118.124 History History: 2023 a. 12.

118.125 118.125 Pupil records.

118.125(1) (1) Definitions. In this section:

118.125(1)(a) (a) “Behavioral records” means those pupil records that include psychological tests, personality evaluations, records of conversations, any written statement relating specifically to an individual pupil’s behavior, tests relating specifically to achievement or measurement of ability, the pupil’s physical health records other than his or her immunization records or any lead screening records required under s. 254.162, law enforcement officers’ records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or (c) 3., and any other pupil records that are not progress records.

118.125(1)(b) (b) “Directory data” means those pupil records which include the pupil’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, photographs, degrees and awards received and the name of the school most recently previously attended by the pupil.

118.125(1)(be) (be) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b).

118.125(1)(bL) (bL) “Law enforcement unit” means any individual, office, department, division, or other component of a school district that is authorized or designated by the school board to do any of the following:

118.125(1)(bL)1. 1. Enforce any law or ordinance, or refer to the appropriate authorities a matter for enforcement of any law or ordinance, against any person other than the school district.

118.125(1)(bL)2. 2. Maintain the physical security and safety of a public school.

118.125(1)(bs) (bs) “Law enforcement unit records” means records maintained by a law enforcement unit that were created by that law enforcement unit for the purpose of law enforcement.

118.125(1)(c) (c) “Progress records” means those pupil records which include the pupil’s grades, a statement of the courses the pupil has taken, the pupil’s attendance record, the pupil’s immunization records, any lead screening records required under s. 254.162 and records of the pupil’s school extracurricular activities.

118.125(1)(cm) (cm) “Pupil physical health records” means those pupil records that include basic health information about a pupil, including the pupil’s immunization records, an emergency medical card, a log of first aid and medicine administered to the pupil, an athletic permit card, a record concerning the pupil’s ability to participate in an education program, any lead screening records required under s. 254.162, the results of any routine screening test, such as for hearing, vision or scoliosis, and any follow-up to such test, and any other basic health information, as determined by the state superintendent.

118.125(1)(d) (d) “Pupil records” means all records relating to individual pupils maintained by a school but does not include any of the following:

118.125(1)(d)1. 1. Notes or records maintained for personal use by a teacher or other person who is required by the state superintendent under s. 115.28 (7) to hold a certificate, license, or permit if such records and notes are not available to others.

118.125(1)(d)2. 2. Records necessary for, and available only to persons involved in, the psychological treatment of a pupil.

118.125(1)(d)3. 3. Law enforcement unit records.

118.125(1)(e) (e) “Record” means any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.

118.125(2) (2) Confidentiality and disclosure of pupil records. All pupil records maintained by a public school shall be confidential, except as provided in pars. (a) to (q) and sub. (2m). The school board shall adopt policies to maintain the confidentiality of such records and may adopt policies to promote the disclosure of pupil records and information permitted by law for purposes of school safety.