Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB53 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 53
5	5	February 20, 2023 - Introduced by Representatives DUCHOW, ARMSTRONG,
6	6	DONOVAN, MOSES, MURPHY, MURSAU, NEDWESKI, NOVAK, RETTINGER and
7	7	SORTWELL, cosponsored by Senators JAGLER, WANGGAARD, JAMES, NASS,
8	8	STROEBEL and COWLES. Referred to Committee on Education.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 115.385 (1) (e), 115.385 (1g) (g) and 118.124 of the statutes;
11	11	relating to: reporting certain crimes and other incidents that occur on school
12	12	property or school transportation and granting rule-making authority.
13	13	Analysis by the Legislative Reference Bureau
14	14	Beginning in the 2024-25 school year, this bill requires public high schools and
15	15	private high schools participating in a parental choice program to collect statistics
16	16	on violations of municipal disorderly conduct ordinances and certain crimes,
17	17	including homicide, sexual assault, burglary, battery, and arson, that occur on school
18	18	property or on transportation provided by the school. The high school must collect
19	19	statistics about the crime or disorderly conduct only if 1) it occurred on a weekday
20	20	between the hours of 6 a.m. and 10 p.m.; 2) it is reported to law enforcement; and 3)
21	21	a charge is filed or citation is issued. The bill further requires that the collected
22	22	statistics be reported to the Department of Public Instruction and included on the
23	23	annual school and school district accountability report. Finally, the bill clarifies that
24	24	DPI may not consider crimes statistics reported by a school or school district for
25	25	purposes of determining a school or school district's performance on the annual
26	26	school and school district accountability report.
27	27	For further information see the state and local fiscal estimate, which will be
28	28	printed as an appendix to this bill.
29	29	The people of the state of Wisconsin, represented in senate and assembly, do
30	30	enact as follows:
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35	35	SECTION 1 ASSEMBLY BILL 53
36	36	SECTION 1. 115.385 (1) (e) of the statutes is created to read:
37	37	115.385 (1) (e) All of the following information derived from statistics reported
38	38	under s. 118.124:
39	39	1. The total number of incidents per 100 pupils reported by the school or school
40	40	district.
41	41	2. The average total number of incidents per 100 pupils reported statewide.
42	42	3. The total number of incidents listed under s. 118.124 (2) (a) 1., 2., 4., and 8.
43	43	per 100 pupils reported by the school or school district.
44	44	4. The average total number of incidents listed under s. 118.124 (2) (a) 1., 2.,
45	45	4., and 8. per 100 pupils reported statewide.
46	46	SECTION 2. 115.385 (1g) (g) of the statutes is created to read:
47	47	115.385 (1g) (g) The department may not consider the statistics reported by a
48	48	school or school district under s. 118.124.
49	49	SECTION 3. 118.124 of the statutes is created to read:
50	50	118.124 Statistics of crimes and other safety-related incidents. (1) In
51	51	this section:
52	52	(a) “Participating private high school" means a private school participating in
53	53	a parental choice program under s. 118.60 or 119.23 that operates high school grades.
54	54	(b) “Public high school" means a public school, including a charter school, that
55	55	operates high school grades.
56	56	(2) (a) Subject to par. (b), beginning in the 2024-25 school year, a public high
57	57	school and a participating private high school shall collect and maintain statistics
58	58	of incidents of the following:
59	59	1. Homicide.
60	60	2. Sexual assault.
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88	88	SECTION 3
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90	90	3. Burglary, robbery, or theft.
91	91	4. Battery, substantial battery, or aggravated battery under s. 940.19.
92	92	5. Arson.
93	93	6. Use or possession of alcohol, a controlled substance, as defined in s. 961.01
94	94	(4), or a controlled substance analog, as defined in s. 961.01 (4m).
95	95	7. Possession of a firearm in violation of s. 948.605 (2).
96	96	8. A violation of a municipal ordinance relating to disorderly conduct.
97	97	(b) The requirement under par. (a) applies only to an incident that satisfies all
98	98	of the following:
99	99	1. The incident occurred Monday to Friday between the hours of 6 a.m. and 10
100	100	p.m.
101	101	2. The incident occurred on one of the following:
102	102	a. Property owned or leased by the school district in which the public high
103	103	school is located, by the operator of the charter school, or by the governing body of
104	104	the participating private high school.
105	105	b. Transportation, including all of the methods of transportation described in
106	106	ss. 121.55 and 121.555, provided by the public high school, participating private high
107	107	school, or school district.
108	108	3. The incident was reported to law enforcement, and, as a result of the
109	109	incident, a charge was filed or a citation was issued.
110	110	(3) (a) Annually, each public high school in a school district other than a charter
111	111	school established under s. 118.40 (2r) or (2x) shall report the statistics collected
112	112	under sub. (2) to the school board. Annually, by July 31, each school board shall
113	113	submit to the department a report that includes the statistics reported under this
114	114	paragraph by each public high school in the school district and aggregate statistics
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141	141	SECTION 3 ASSEMBLY BILL 53
142	142	collected under sub. (2) for all of the public high schools in the school district other
143	143	than charter schools established under s. 118.40 (2r) or (2x).
144	144	(b) Annually, by July 31, each operator of a charter school established under
145	145	s. 118.40 (2r) or (2x) that operates high school grades and the governing body of each
146	146	participating private high school shall submit to the department the statistics the
147	147	operator or governing body collected under sub. (2).
148	148	(c) No school board, operator of a charter school established under s. 118.40 (2r)
149	149	or (2x), or governing body of a participating private high school may include the
150	150	identity of a pupil in a report under this subsection.
151	151	(4) The department shall promulgate rules to administer this section,
152	152	including a rule that requires public high schools, participating private high schools,
153	153	and school districts to collect and report statistics of incidents under this section in
154	154	accordance with the uniform crime reporting system of the department of justice.
155	155	(5) The department of justice shall cooperate with the department to develop
156	156	a reporting system under this section that incorporates the uniform crime reporting
157	157	system of the department of justice.
158	158	SECTION 4.0Initial applicability.
159	159	(1) The treatment of s. 115.385 (1) (e) first applies to the school and school
160	160	district accountability report published for the 2024-25 school year.
161	161	SECTION 5.0Effective dates. This act takes effect on the day after publication,
162	162	except as follows:
163	163	(1) SCHOOL AND SCHOOL DISTRICT ACCOUNTABILITY REPORT. The treatment of s.
164	164	115.385 (1) (e) and (1g) (g) takes effect on July 1, 2024.
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