SB489,,38 (6) A school board shall adopt a policy setting forth a process by which a parent or guardian of a pupil enrolled in the school district may file a written complaint alleging that the parent’s or guardian’s rights under sub. (3) were violated. The policy shall require the school board to hold a public hearing to address any written complaints received under this subsection at least once every 3 months. The policy shall establish this process to be timely, to grant the school board the final decision, and to allow a clear process to appeal that decision.

SB489,,39 (7) A parent or guardian who is denied one or more of the rights identified in sub. (3) may do any of the following:

SB489,,40 (a) File a written complaint as provided in the school board policy under sub. (6), if applicable.

SB489,,41 (b) Bring a civil action against a governmental body or official. A parent or guardian may raise a violation of this section in court or before an administrative tribunal of appropriate jurisdiction as a claim or defense. A parent or guardian who successfully asserts a claim under this subsection may recover declaratory relief, injunctive relief, reasonable attorney’s fees and costs notwithstanding s. 814.04 (1), and no more than $10,000 for any other appropriate relief.

SB489,,42 (8) A parent of a child in this state has inalienable rights that are more comprehensive than those listed in this section, unless such rights have been legally waived, limited, or terminated. A guardian of a child in this state may have rights that are more comprehensive than those listed in this section.

SB489,,43 (end)