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2 | 2 | | EHS:amn&cjs |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 510 |
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5 | 5 | | October 18, 2023 - Introduced by Representatives WITTKE, GUNDRUM, MAXEY, |
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6 | 6 | | NEDWESKI, SCHMIDT, BINSFELD, RETTINGER, ALLEN, MAGNAFICI, STEFFEN, |
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7 | 7 | | BROOKS, ARMSTRONG, CALLAHAN, O'CONNOR, GOEBEN, BODDEN, SAPIK, TITTL, |
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8 | 8 | | MICHALSKI, SCHUTT, PENTERMAN, DITTRICH, MURPHY, GREEN, BEHNKE, MURSAU, |
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9 | 9 | | BRANDTJEN, WICHGERS, GUSTAFSON, VANDERMEER and EDMING, cosponsored by |
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10 | 10 | | Senators WANGGAARD, QUINN, MARKLEIN and NASS. Referred to Committee on |
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11 | 11 | | Family Law. |
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12 | 12 | | ***AUTHORS SUBJECT TO CHANGE*** |
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13 | 13 | | AN ACT to create 48.9865 of the statutes; relating to: rights reserved to a parent |
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14 | 14 | | or guardian of a child. |
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15 | 15 | | Analysis by the Legislative Reference Bureau |
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16 | 16 | | This bill establishes a legal standard for state infringement on fundamental |
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17 | 17 | | rights of parents and guardians, explicitly establishes a number of parental and |
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18 | 18 | | guardian rights relating to a child's religion, medical care and records, and |
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19 | 19 | | education, and creates a cause of action for the violation of these rights. |
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20 | 20 | | The bill prohibits the state from infringing on the fundamental right of parents |
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21 | 21 | | to direct the upbringing, education, health care, and mental health of their children |
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22 | 22 | | without demonstrating that the infringement is required by a compelling |
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23 | 23 | | governmental interest of the highest order as applied to the child, is narrowly |
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24 | 24 | | tailored, and is not otherwise served by a less restrictive means. |
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25 | 25 | | The bill reserves all of the following rights to the parent of a child without |
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26 | 26 | | interference from the state or other government entity: |
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27 | 27 | | 1. The right to determine the religion of the child. |
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28 | 28 | | 2. The right to determine the type of school or educational setting the child |
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29 | 29 | | attends. |
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30 | 30 | | 3. The right to be notified of each health care service, including vaccinations |
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31 | 31 | | or immunizations, offered at the child's school and the right to withhold consent or |
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32 | 32 | | decline any specific service, unless otherwise specified by law or court order. |
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33 | 33 | | 4. The right to review all medical records related to the child, unless otherwise |
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34 | 34 | | specified by law or court order. |
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35 | 35 | | 5. The right to determine the names and pronouns used for the child while at |
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36 | 36 | | school. |
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39 | 39 | | EHS:amn&cjs |
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40 | 40 | | ASSEMBLY BILL 510 |
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41 | 41 | | 6. The right to review instructional materials and outlines used by the child's |
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42 | 42 | | school, to the extent required by federal law. |
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43 | 43 | | 7. The right to access records regarding the education of the child that are |
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44 | 44 | | generated, maintained, or used by the child's school, to the extent required by federal |
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45 | 45 | | law. |
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46 | 46 | | 8. The right to timely notice by the child's school of any surveys or evaluations |
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47 | 47 | | conducted in the child's classroom that would reveal information concerning any of |
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48 | 48 | | the following about the child or his or her parent or family members: political |
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49 | 49 | | affiliations or beliefs; mental or psychological problems; sexual behavior or attitudes; |
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50 | 50 | | illegal, antisocial, self-incriminating, or demeaning behavior; critical appraisals of |
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51 | 51 | | individuals with whom the child or parent has a close family relationship; |
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52 | 52 | | relationships that are legally recognized as privileged, such as those with lawyers, |
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53 | 53 | | physicians, and ministers; religious practices, affiliations, or beliefs; or income, |
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54 | 54 | | unless otherwise specified by law. |
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55 | 55 | | 9. The right to timely notice by the child's school, through a process consistent |
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56 | 56 | | with school policy, of when a controversial subject will be taught or discussed in the |
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57 | 57 | | child's classroom. The bill defines “controversial subject” as a subject of substantial |
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58 | 58 | | public debate, disagreement, or disapproval and specifies that the term includes |
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59 | 59 | | instruction about gender identity, sexual orientation, racial identity, structural, |
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60 | 60 | | systemic, or institutional racism, or content that is not age-appropriate. |
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61 | 61 | | 10. The right to opt out of a class or instructional materials at the child's school |
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62 | 62 | | for reasons based on either religion or personal conviction. |
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63 | 63 | | 11. The right to visit the child at school during school hours, consistent with |
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64 | 64 | | school policy, unless otherwise specified by law or court order. |
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65 | 65 | | 12. The right to engage with locally elected school board members of the school |
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66 | 66 | | district in which the child is a student in accordance with school district policy, |
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67 | 67 | | including by participating at regularly scheduled school board meetings. |
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68 | 68 | | 13. The right to be notified of the creation of or updates to a security or |
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69 | 69 | | surveillance system at the child's school, not including routine maintenance. |
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70 | 70 | | 14. The right to be informed by the child's school, in accordance with school |
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71 | 71 | | policy, of any disciplinary action taken against the child. This includes suspension, |
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72 | 72 | | expulsion, seclusion, physical restraint, or removal from class. |
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73 | 73 | | 15. The right to be timely informed of any acts of violence or crimes occurring |
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74 | 74 | | on grounds of the child's school. |
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75 | 75 | | 16. The right to receive accurate and individual information from the child's |
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76 | 76 | | school at least two times per year regarding the academic proficiency and classroom |
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77 | 77 | | behavior of the child. |
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78 | 78 | | The bill also provides that a guardian has all of the rights listed in the bill, |
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79 | 79 | | unless they are limited by law or court order. |
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80 | 80 | | The bill provides that this list does not comprehensively prescribe all |
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81 | 81 | | inalienable parental rights, and that a child's guardian may have rights that are |
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82 | 82 | | more comprehensive than those listed. |
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83 | 83 | | The bill requires a school board to adopt a policy setting forth a process by which |
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84 | 84 | | a parent or guardian of a pupil enrolled in the school district may file a written |
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85 | 85 | | complaint alleging that a right identified in the bill was violated. Under the bill, this - 3 -2023 - 2024 Legislature |
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87 | 87 | | EHS:amn&cjs |
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88 | 88 | | ASSEMBLY BILL 510 |
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89 | 89 | | policy must require the school board to hold a public hearing to address any such |
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90 | 90 | | written complaints at least once every three months. The bill also requires that the |
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91 | 91 | | process be timely, that it grant the school board the final decision, and that it allow |
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92 | 92 | | a clear process to appeal that decision. |
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93 | 93 | | The bill also allows a parent or guardian who is denied one of the rights |
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94 | 94 | | identified in the bill to bring a civil action against a governmental body or official. |
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95 | 95 | | The bill allows a parent or guardian to raise a violation of these rights in court or |
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96 | 96 | | before an administrative tribunal of appropriate jurisdiction as a claim or defense. |
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97 | 97 | | Under the bill, a parent or guardian that successfully asserts such a claim may |
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98 | 98 | | recover declaratory relief, injunctive relief, reasonable attorney's fees and costs, and |
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99 | 99 | | up to $10,000 for any other appropriate relief. |
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100 | 100 | | The bill provides that nothing in the bill authorizes a parent or guardian to |
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101 | 101 | | abuse or neglect a child in violation of state law and that it may not be construed to |
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102 | 102 | | apply to a parent's or guardian's action or decision that would end life. The bill also |
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103 | 103 | | provides that nothing in the bill prohibits a court from issuing an order that is |
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104 | 104 | | otherwise permitted by law and that it may not be construed to supersede a court |
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105 | 105 | | order. |
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106 | 106 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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107 | 107 | | enact as follows: |
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108 | 108 | | SECTION 1. 48.9865 of the statutes is created to read: |
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109 | 109 | | 48.9865 Rights reserved to parents. (1) In this section: |
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110 | 110 | | (a) “Controversial subject” means a subject of substantial public debate, |
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111 | 111 | | disagreement, or disapproval and includes instruction about gender identity, sexual |
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112 | 112 | | orientation, racial identity, structural, systemic, or institutional racism, or content |
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113 | 113 | | that is not age-appropriate, as defined in s. 118.019 (1m) (a). |
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114 | 114 | | (b) “School board” has the meaning given in s. 115.001 (7). |
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115 | 115 | | (c) “Timely notice” means written notice provided to a parent or guardian |
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116 | 116 | | through a process consistent with school policy such that the parent or guardian may |
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117 | 117 | | effectively exercise the rights set forth under this section. |
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118 | 118 | | (2) This state may not infringe on the fundamental right of parents to direct |
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119 | 119 | | the upbringing, education, health care, and mental health of their children without |
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120 | 120 | | demonstrating that the infringement is required by a compelling governmental |
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133 | 133 | | 13 - 4 -2023 - 2024 Legislature LRB-0541/1 |
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134 | 134 | | EHS:amn&cjs |
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135 | 135 | | SECTION 1 ASSEMBLY BILL 510 |
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136 | 136 | | interest of the highest order as applied to the child, is narrowly tailored, and is not |
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137 | 137 | | otherwise served by a less restrictive means. The rights enumerated in this section |
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138 | 138 | | are in addition to rights granted to parents under the constitutions of this state and |
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139 | 139 | | of the United States. |
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140 | 140 | | (3) All of the following rights are reserved to the parent of a child without |
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141 | 141 | | interference from the state or other government entity: |
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142 | 142 | | (a) The right to determine the religion of the child. |
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143 | 143 | | (b) The right to determine the type of school or educational setting the child |
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144 | 144 | | attends. |
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145 | 145 | | (c) The right to be notified of each health care service, including vaccinations |
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146 | 146 | | or immunizations, offered at the child's school and the right to withhold consent or |
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147 | 147 | | decline any specific service, unless otherwise specified by law or court order. |
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148 | 148 | | (d) The right to review all medical records related to the child, unless otherwise |
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149 | 149 | | specified by law or court order. |
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150 | 150 | | (e) The right to determine the names and pronouns used for the child while at |
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151 | 151 | | school. |
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152 | 152 | | (f) The right to review instructional materials and outlines used by the child's |
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153 | 153 | | school, to the extent required by federal law. |
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154 | 154 | | (g) The right to access records regarding the education of the child that are |
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155 | 155 | | generated, maintained, or used by the child's school, to the extent required by federal |
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156 | 156 | | law. |
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157 | 157 | | (h) The right to timely notice by the child's school of any surveys or evaluations |
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158 | 158 | | conducted in the child's classroom that would reveal information concerning any of |
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159 | 159 | | the following about the child or his or her parent or family members: |
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160 | 160 | | 1. Political affiliations or beliefs. |
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185 | 185 | | 25 - 5 -2023 - 2024 Legislature |
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186 | 186 | | LRB-0541/1 |
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187 | 187 | | EHS:amn&cjs |
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188 | 188 | | SECTION 1 |
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189 | 189 | | ASSEMBLY BILL 510 |
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190 | 190 | | 2. Mental or psychological problems. |
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191 | 191 | | 3. Sexual behavior or attitudes. |
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192 | 192 | | 4. Illegal, antisocial, self-incriminating, or demeaning behavior. |
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193 | 193 | | 5. Critical appraisals of individuals with whom the child or parent has a close |
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194 | 194 | | family relationship. |
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195 | 195 | | 6. Relationships that are legally recognized as privileged, such as those with |
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196 | 196 | | lawyers, physicians, and ministers. |
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197 | 197 | | 7. Religious practices, affiliations, or beliefs. |
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198 | 198 | | 8. Income, unless otherwise specified by law. |
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199 | 199 | | (i) The right to timely notice by the child's school, through a process consistent |
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200 | 200 | | with school policy, of when a controversial subject will be taught or discussed in the |
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201 | 201 | | child's classroom. |
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202 | 202 | | (j) The right to opt out of a class or instructional materials at the child's school |
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203 | 203 | | for reasons based on either religion or personal conviction. |
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204 | 204 | | (k) The right to visit the child at school during school hours, consistent with |
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205 | 205 | | school policy, unless otherwise specified by law or court order. |
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206 | 206 | | (L) The right to engage with locally elected school board members of the school |
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207 | 207 | | district in which the child is a student in accordance with school district policy, |
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208 | 208 | | including by participating at regularly scheduled school board meetings. |
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209 | 209 | | (m) The right to be notified of the creation of or updates to a security or |
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210 | 210 | | surveillance system at the child's school, not including routine maintenance. |
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211 | 211 | | (n) The right to be informed by the child's school, in accordance with school |
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212 | 212 | | policy, of any disciplinary action taken against the child. This includes suspension, |
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213 | 213 | | expulsion, seclusion, physical restraint, or removal from class. |
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238 | 238 | | EHS:amn&cjs |
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239 | 239 | | SECTION 1 ASSEMBLY BILL 510 |
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240 | 240 | | (o) The right to be timely informed of any acts of violence or crimes occurring |
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241 | 241 | | on grounds of the child's school. |
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242 | 242 | | (p) The right to receive accurate and individual information from the child's |
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243 | 243 | | school at least 2 times per year regarding the academic proficiency and classroom |
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244 | 244 | | behavior of the child. |
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245 | 245 | | (4) Except as limited by other law or court order, a guardian of a child has the |
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246 | 246 | | rights specified under subs. (2) and (3). |
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247 | 247 | | (5) Nothing in this section authorizes a parent or guardian to abuse or neglect |
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248 | 248 | | a child in violation of the laws of this state. This section may not be construed to apply |
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249 | 249 | | to a parent's or guardian's action or decision that would end life. Nothing in this |
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250 | 250 | | section prohibits a court from issuing an order that is otherwise permitted by law. |
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251 | 251 | | This section may not be construed to supersede a court order. |
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252 | 252 | | (6) A school board shall adopt a policy setting forth a process by which a parent |
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253 | 253 | | or guardian of a pupil enrolled in the school district may file a written complaint |
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254 | 254 | | alleging that the parent's or guardian's rights under sub. (3) were violated. The |
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255 | 255 | | policy shall require the school board to hold a public hearing to address any written |
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256 | 256 | | complaints received under this subsection at least once every 3 months. The policy |
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257 | 257 | | shall establish this process to be timely, to grant the school board the final decision, |
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258 | 258 | | and to allow a clear process to appeal that decision. |
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259 | 259 | | (7) A parent or guardian who is denied one or more of the rights identified in |
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260 | 260 | | sub. (3) may do any of the following: |
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261 | 261 | | (a) File a written complaint as provided in the school board policy under sub. |
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262 | 262 | | (6), if applicable. |
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263 | 263 | | (b) Bring a civil action against a governmental body or official. A parent or |
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264 | 264 | | guardian may raise a violation of this section in court or before an administrative |
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289 | 289 | | 25 - 7 -2023 - 2024 Legislature |
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290 | 290 | | LRB-0541/1 |
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291 | 291 | | EHS:amn&cjs |
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292 | 292 | | SECTION 1 |
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293 | 293 | | ASSEMBLY BILL 510 |
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294 | 294 | | tribunal of appropriate jurisdiction as a claim or defense. A parent or guardian who |
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295 | 295 | | successfully asserts a claim under this subsection may recover declaratory relief, |
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296 | 296 | | injunctive relief, reasonable attorney's fees and costs notwithstanding s. 814.04 (1), |
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297 | 297 | | and no more than $10,000 for any other appropriate relief. |
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298 | 298 | | (8) A parent of a child in this state has inalienable rights that are more |
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299 | 299 | | comprehensive than those listed in this section, unless such rights have been legally |
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300 | 300 | | waived, limited, or terminated. A guardian of a child in this state may have rights |
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301 | 301 | | that are more comprehensive than those listed in this section. |
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302 | 302 | | (END) |
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