120.13(1)(a)4.4. A procedure for notifying the parent or guardian of a minor pupil who has been removed from the class under s. 118.164 (2).
120.13(1)(b)(b)
120.13(1)(b)1.1. In addition to rule-making authority granted school boards under par. (a), the school district administrator, or any principal or teacher designated by the school district administrator, may make rules with the consent of the school board.
120.13(1)(b)2.2. The school district administrator or any principal or teacher designated by the school district administrator may suspend a pupil for not more than 5 school days or, if a notice of expulsion hearing has been sent under par. (c) 4. or (e) 4. or s. 119.25 (2) (c), for not more than a total of 15 consecutive school days for any of the following reasons:
120.13(1)(b)2.a.a. Noncompliance with rules adopted under subd. 1. or school board rules.
120.13(1)(b)2.b.b. Knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives.
120.13(1)(b)2.c.c. Conduct by the pupil while at school or while under the supervision of a school authority that endangers the property, health or safety of others.
120.13(1)(b)2.d.d. Conduct while not at school or while not under the supervision of a school authority that endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employee or school board member of the school district in which the pupil is enrolled.
120.13(1)(b)2m.2m. In subd. 2. c. and d., conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.
120.13(1)(b)3.3. Prior to any suspension, the pupil shall be advised of the reason for the proposed suspension. The pupil may be suspended if it is determined that the pupil is guilty of noncompliance with a school board rule or a rule adopted under subd. 1., or of the conduct charged, and that the pupil’s suspension is reasonably justified. The parent or guardian of a suspended minor pupil shall be given prompt notice of the suspension and the reason for the suspension.
120.13(1)(b)4.4. The suspended pupil or the pupil’s parent or guardian may, within 5 school days following the commencement of the suspension, have a conference with the school district administrator or his or her designee who shall be someone other than a principal, administrator or teacher in the suspended pupil’s school. If the school district administrator or his or her designee finds that the pupil was suspended unfairly or unjustly, or that the suspension was inappropriate, given the nature of the alleged offense, or that the pupil suffered undue consequences or penalties as a result of the suspension, reference to the suspension on the pupil’s school record shall be expunged. The administrator, or the administrator’s designee, shall make a finding within 15 days of the conference.
120.13(1)(b)5.5. A pupil suspended under this paragraph shall not be denied the opportunity to take any quarterly, semester or grading period examinations or to complete course work missed during the suspension period, as provided in the attendance policy established under s. 118.16 (4) (a).
120.13(1)(bm)(bm) The school district administrator or any principal or teacher designated by the school district administrator shall suspend a pupil under par. (b) if the school district administrator, principal or teacher determines that the pupil, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 USC 921 (a) (3). This paragraph does not apply to the possession of a firearm while legally hunting in a school forest if allowed under sub. (38).
120.13(1)(c)(c)
120.13(1)(c)1.1. The school board may expel a pupil from school whenever it finds the pupil guilty of repeated refusal or neglect to obey the rules, or finds that a pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or finds that the pupil engaged in conduct while at school or while under the supervision of a school authority which endangered the property, health or safety of others, or finds that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which endangered the property, health or safety of others at school or under the supervision of a school authority or endangered the property, health or safety of any employee or school board member of the school district in which the pupil is enrolled, and is satisfied that the interest of the school demands the pupil’s expulsion. In this subdivision, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.
120.13(1)(c)2.2. In addition to the grounds for expulsion under subd. 1., the school board may expel from school a pupil who is at least 16 years old if the school board finds that the pupil repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority and that such conduct does not constitute grounds for expulsion under subd. 1., and is satisfied that the interest of the school demands the pupil’s expulsion.
120.13(1)(c)2m.2m. The school board shall commence proceedings under subd. 3. and expel a pupil from school for not less than one year whenever it finds that the pupil, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 USC 921 (a) (3). Annually, the school board shall report to the department the information specified under 20 USC 8921 (d) (1) and (2). This subdivision does not apply to the possession of a firearm while legally hunting in a school forest if allowed under sub. (38).
120.13(1)(c)3.3. Prior to expelling a pupil, the school board shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil’s parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil’s parent or guardian may be represented at the hearing by counsel. The school board shall keep written minutes of the hearing. Upon the ordering by the school board of the expulsion of a pupil, the school district clerk shall mail a copy of the order to the pupil and, if the pupil is a minor, to the pupil’s parent or guardian. The expelled pupil or, if the pupil is a minor, the pupil’s parent or guardian may appeal the expulsion to the state superintendent. If the school board’s decision is appealed to the state superintendent, within 60 days after the date on which the state superintendent receives the appeal, the state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the school board shall be enforced while the state superintendent reviews the decision. An appeal from the decision of the state superintendent may be taken within 30 days to the circuit court of the county in which the school is located.
120.13(1)(c)4.4. Not less than 5 days’ written notice of the hearing under subd. 3. shall be sent to the pupil and, if the pupil is a minor, to the pupil’s parent or guardian. The notice shall state all of the following:
120.13(1)(c)4.a.a. The specific grounds, under subd. 1., 2. or 2m., and the particulars of the pupil’s alleged conduct upon which the expulsion proceeding is based.
120.13(1)(c)4.b.b. The time and place of the hearing.
120.13(1)(c)4.c.c. That the hearing may result in the pupil’s expulsion.
120.13(1)(c)4.d.d. That, upon request of the pupil and, if the pupil is a minor, the pupil’s parent or guardian, the hearing shall be closed.
120.13(1)(c)4.e.e. That the pupil and, if the pupil is a minor, the pupil’s parent or guardian may be represented at the hearing by counsel.
120.13(1)(c)4.f.f. That the school board shall keep written minutes of the hearing.
120.13(1)(c)4.g.g. That if the school board orders the expulsion of the pupil the school district clerk shall mail a copy of the order to the pupil and, if the pupil is a minor, to the pupil’s parent or guardian.
120.13(1)(c)4.h.h. That if the pupil is expelled by the school board the expelled pupil or, if the pupil is a minor, the pupil’s parent or guardian may appeal the school board’s decision to the department.
120.13(1)(c)4.i.i. That if the school board’s decision is appealed to the department, within 60 days after the date on which the department receives the appeal, the department shall review the decision and shall, upon review, approve, reverse or modify the decision.
120.13(1)(c)4.j.j. That the decision of the school board shall be enforced while the department reviews the school board’s decision.