Chapter 118

118.293(5) (5) 

118.293(5)(a) (a) Any athletic coach, official involved in an athletic activity, or volunteer who fails to remove a person from a youth athletic activity under sub. (4) (a) is immune from civil liability for any injury resulting from that omission unless it constitutes gross negligence or willful or wanton misconduct.

118.293(5)(b) (b) Any volunteer who authorizes a person to participate in a youth athletic activity under sub. (4) (b) is immune from civil liability for any injury resulting from that act unless the act constitutes gross negligence or willful or wanton misconduct.

118.293(6) (6) This section does not create any liability for, or a cause of action against, any person.

118.293 History History: 2011 a. 172; 2013 a. 93.

118.2935 118.2935 Sudden cardiac arrest; youth athletic activities.

118.2935(1) (1) In this section, “youth athletic activity” has the meaning given in s. 118.293 (1) (c).

118.2935(2) (2) In consultation with the Wisconsin Interscholastic Athletic Association and at least 2 pediatric cardiologists, one of whom is employed by the Medical College of Wisconsin and one of whom is employed by the University of Wisconsin-Madison Medical School, the department shall develop information for the purpose of educating athletic coaches and pupil athletes and their parents or guardians about the nature and risk of sudden cardiac arrest during youth athletic activities. The department shall include in the information developed under this subsection at least all of the following:

118.2935(2)(a) (a) Information about the risks associated with continuing to participate in a youth athletic activity after experiencing one or more symptoms of sudden cardiac arrest, including fainting, difficulty breathing, chest pains, dizziness, and abnormal racing heart rate.

118.2935(2)(b) (b) Information about electrocardiogram testing, including the potential risks, benefits, and evidentiary basis behind electrocardiogram testing.

118.2935(2)(c) (c) Information about how to request, from a pupil’s health care provider, the administration of an electrocardiogram, in addition to a comprehensive physical examination required to participate in a youth athletic activity, at a cost to be incurred by the pupil’s parent or guardian.

118.2935(3m) (3m) At the beginning of a season for a youth athletic activity offered to persons who are 12 years of age or older, the person operating the youth athletic activity shall ensure that the information developed under sub. (2) is included in the information sheet required to be distributed under s. 118.293 (3) (a).

118.2935(4) (4) This section does not create any liability for, or a cause of action against, any person.

118.2935(5) (5) This section does not apply after June 30, 2032.

118.2935 History History: 2021 a. 210.

118.294 118.294 Undesignated glucagon.

118.294(1) (1) Definitions. In this section:

118.294(1)(a) (a) “Advanced practice nurse prescriber” means an advanced practice nurse who is certified under s. 441.16.

118.294(1)(am) (am) “Advanced practice registered nurse” has the meaning given in s. 154.01 (1g).

118.294(1)(b) (b) “Diabetes medical management plan” means a document developed by the personal health care team of a pupil that sets out the health services needed by the pupil at school and at school-sponsored activities and is signed by the personal health care team and the parent or guardian of the pupil.

118.294(1)(bm) (bm) “Diabetes provider” means a physician, physician assistant, or advanced practice registered nurse who has primary responsibility for the treatment and care of a pupil’s diabetes.

118.294(1)(c) (c) “Physician” means a person licensed to practice medicine and surgery under ch. 448.

118.294(1)(d) (d) “Physician assistant” means a person licensed under s. 448.974.

118.294(1)(f) (f) “School” means a public school, including a charter school, or a private or tribal school.

118.294(1)(g) (g) “School personnel” means an individual authorized under sub. (3) (b) to administer undesignated glucagon to a pupil.

118.294(1)(h) (h) “Undesignated glucagon” means a glucagon approved by the federal food and drug administration for the treatment of severe hypoglycemia in a dosage form that can be rapidly administered to a patient with diabetes in a hypoglycemic emergency that is prescribed in the name of a school or school district.

118.294(2) (2) Prescriptions for schools. A physician, an advanced practice nurse prescriber, or a physician assistant may prescribe undesignated glucagon in the name of a school to be maintained by the school for use under sub. (3).

118.294(3) (3) Undesignated glucagon in schools.

118.294(3)(a) (a) The governing body of a school may obtain a prescription for undesignated glucagon under sub. (2) and maintain a supply of undesignated glucagon in any secure location that is immediately accessible to school personnel. The governing body of a school shall maintain any supply of undesignated glucagon in accordance with the manufacturer’s instructions.

118.294(3)(b) (b) If authorized in writing by the governing body of a school, a school principal or school administrator, or the administrator of a county children with disabilities education board or cooperative educational service agency, any of the following may administer, on school premises or at a school-sponsored activity, undesignated glucagon to a pupil in accordance with the pupil’s diabetes medical management plan or the pupil’s diabetes provider’s order for glucagon if the pupil’s prescribed glucagon is not available on-site or has expired:

118.294(3)(b)1. 1. A school bus operator validly authorized under ss. 343.12 and 343.17 (3) (c) to operate the school bus he or she is operating.

118.294(3)(b)2. 2. A school employee or volunteer.

118.294(3)(b)3. 3. A county children with disabilities education board employee or volunteer.

118.294(3)(b)4. 4. A cooperative educational service agency employee or volunteer.

118.294(3)(c) (c) As soon as practicable after the administration of undesignated glucagon, school personnel shall report the administration by dialing the telephone number “911” or, in an area in which the telephone number “911” is not available, the telephone number for an emergency medical service provider and notify all of the following of the administration of undesignated glucagon to the pupil:

118.294(3)(c)1. 1. The school nurse, if an individual other than the school nurse administered the glucagon.

118.294(3)(c)2. 2. The pupil’s parent, guardian, or emergency contact, if known.

118.294(3)(c)3. 3. The pupil’s health care provider, if known.

118.294(3m) (3m) Independent authority. The authority to administer undesignated glucagon under sub. (3) (b) is independent of the authority to administer glucagon under s. 118.29 (2) (a) 2. and 2r.

118.294(4) (4) Immunity from civil liability; exemption from practice of medicine.

118.294(4)(a) (a) A school and its school personnel, and a physician, an advanced practice nurse prescriber, or a physician assistant who provides a prescription or standing order for undesignated glucagon are not liable for any injury that results from the administration of undesignated glucagon under this section, regardless of whether authorization was given by the pupil’s parent or guardian or by the pupil’s diabetes provider, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct. The immunity from liability provided under this paragraph is in addition to and not in lieu of that provided under s. 895.48.

118.294(4)(b) (b) Nothing in this section creates or imposes any duty, obligation, or basis for liability on any governing body of a school, any school personnel, or any other employee or agent of a school or school board to acquire, make available, or administer undesignated glucagon.

118.294(4)(c) (c) Nothing in this section creates or imposes any duty, obligation, or basis for liability on any employer or any other person to supervise or exercise control over an individual’s provision or administration of undesignated glucagon if the employer or other person reasonably believes the individual is acting under authorization under sub. (3) (b).

118.294(5) (5) Health care professionals. Nothing in this section prohibits a health care professional, as defined in s. 118.29 (1) (c), from acting within the scope of practice of the health care professional’s license, certificate, permit, or registration.

118.294 History History: 2023 a. 193.

118.295 118.295 Suicide intervention; civil liability exemption. Any school board, private school, tribal school, county children with disabilities education board, or cooperative educational service agency, and any officer, employee, or volunteer thereof, who in good faith attempts to prevent suicide by a pupil is immune from civil liability for his or her acts or omissions in respect to the suicide or attempted suicide. The civil liability immunity provided in this section is in addition to and not in lieu of that provided under s. 895.48 (1).

118.295 History History: 1985 a. 29; 1987 a. 14; 1997 a. 164; 2009 a. 302.

118.30 118.30 Pupil assessment.

118.30(1) (1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th, 9th, 10th, and 11th grades. Beginning in the 2015-16 school year, the state superintendent may not adopt or approve assessments developed by the Smarter Balanced Assessment Consortium.

118.30(1g) (1g) 

118.30(1g)(a) (a)

118.30(1g)(a)1. 1. By August 1, 1998, each school board shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The school board may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

118.30(1g)(a)2. 2. By January 1, 2000, or by January 1 of the 1st school year of operation, whichever is later, each operator of a charter school under s. 118.40 (2r) or (2x) shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history. The operator of the charter school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

118.30(1g)(a)3. 3. The governing body of each private school participating in the program under s. 119.23 and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

118.30(1g)(a)4. 4. The governing body of each private school participating in the program under s. 118.60 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

118.30(1g)(c) (c) Each school board operating elementary grades and each operator of a charter school under s. 118.40 (2r) or (2x) that operates elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board or operator of the charter school develops or adopts an examination under this paragraph, it shall notify the department.

118.30(1m) (1m) Except as otherwise provided in this section, annually each school board shall do all of the following:

118.30(1m)(a) (a)

118.30(1m)(a)1. 1. Except as provided in subs. (6) and (7), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.

118.30(1m)(a)2. 2. Except as provided in sub. (7), if the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.

118.30(1m)(am) (am)

118.30(1m)(am)1. 1. Except as provided in subs. (6) and (7), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.

118.30(1m)(am)2. 2. Except as provided in sub. (7), if the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.

118.30(1m)(ar) (ar) Except as provided in sub. (7), beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the spring session of 9th grade.

118.30(1m)(b) (b) Except as provided in sub. (7), administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the spring session of the 10th grade.

118.30(1m)(c) (c) Except as provided in sub. (7), beginning in the 2014-15 school year, administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the spring session of the 11th grade.

118.30(1m)(d) (d) If the school board maintains an Internet site for the school district, annually publish information on that Internet site about the examinations administered under this subsection to pupils in the school district.

118.30(1r) (1r) Annually the operator of each charter school under s. 118.40 (2r) or (2x) shall do all of the following:

118.30(1r)(a) (a)

118.30(1r)(a)1. 1. Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the charter school in the 4th grade.

118.30(1r)(a)2. 2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the charter school in the 4th grade.

118.30(1r)(am) (am)

118.30(1r)(am)1. 1. Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the charter school in the 8th grade.

118.30(1r)(am)2. 2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the charter school in the 8th grade.

118.30(1r)(ar) (ar) Beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the charter school in spring session of the 9th grade.

118.30(1r)(b) (b) Administer the 10th grade examination to all pupils enrolled in the charter school in the spring session of the 10th grade.

118.30(1r)(c) (c) Beginning in the 2014-15 school year, administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the charter school in the spring session of the 11th grade.

118.30(1r)(d) (d) If the operator of the charter school maintains an Internet site for the school, annually publish information on that Internet site about the examinations administered under this subsection to pupils in the school.

118.30(1s) (1s) Annually, the governing body of each private school participating in the program under s. 119.23, other than a private school at which fewer than 20 pupils in grades 3 to 12 are attending the school under the program under s. 119.23, and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall do all of the following:

118.30(1s)(a) (a) Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 4th grade in the private school under s. 119.23.

118.30(1s)(b) (b) Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 8th grade in the private school under s. 119.23.

118.30(1s)(bm) (bm) Beginning in the 2014-15 school year, in the spring session administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 9th grade in the private school under s. 119.23.

118.30(1s)(c) (c) In the spring session, administer the 10th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 10th grade in the private school under s. 119.23.

118.30(1s)(cm) (cm) Beginning in the 2014-15 school year in the spring session administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 11th grade in the private school under s. 119.23.

118.30(1s)(d) (d) Administer to pupils attending the private school under s. 119.23 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (2).

118.30(1s)(e) (e) If the governing body of the private school maintains an Internet site for the school, annually publish information on that Internet site about the examinations administered under this subsection to pupils in the school.

118.30(1t) (1t) Annually, the governing body of each private school participating in the program under s. 118.60, other than a private school at which fewer than 20 pupils in grades 3 to 12 are attending the school under the program under s. 118.60, shall do all of the following:

118.30(1t)(a) (a) Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 4th grade in the private school under s. 118.60.

118.30(1t)(b) (b) Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 8th grade in the private school under s. 118.60.