Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB638 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 638
5	5	November 8, 2023 - Introduced by Representatives DITTRICH, NEDWESKI, O'CONNOR,
6	6	MAGNAFICI, MICHALSKI, GUNDRUM, MURPHY, ALLEN, GOEBEN, BINSFELD,
7	7	BRANDTJEN, BEHNKE, WICHGERS, ROZAR, RETTINGER and MOSES, cosponsored by
8	8	Senators KNODL, BALLWEG, CABRAL-GUEVARA, NASS and TOMCZYK. Referred to
9	9	Committee on Education.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 118.03 (1) and 118.03 (4); and to create 118.03 (1m) and
12	12	118.032 of the statutes; relating to: requiring school boards to make textbooks,
13	13	curricula, and instructional materials available for inspection by school district
14	14	residents.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill requires a school board to comply with a school district resident's
17	17	written request to inspect a textbook, curriculum, or instructional material within
18	18	14 days.
19	19	Under the bill, a school board must comply with a school district resident's
20	20	written request to inspect curricula or instructional materials used in a school in the
21	21	school district by no later than 14 days after the school board receives the written
22	22	request. The bill also requires each school board to adopt procedures under which
23	23	the school board is able to produce for inspection any curriculum or instructional
24	24	material used in a school in the school district in fewer than 14 days. The bill defines
25	25	“curriculum” as a curriculum plan adopted by a school board to comply with state law
26	26	and defines “instructional material” as any course content or resource included in a
27	27	curriculum.
28	28	Similarly, the bill requires a school board to comply with a school district
29	29	resident's written request to inspect a textbook on the school board's list of adopted
30	30	textbooks by no later than 14 days after the school board receives the written request.
31	31	Under the bill, a school board must also adopt procedures under which the school
32	32	board is capable of producing for inspection any textbook included on the school
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38	38	ASSEMBLY BILL 638
39	39	board's list of adopted textbooks in no more than 14 days. Current law requires each
40	40	school board to adopt all textbooks necessary for use in schools in the school district
41	41	and file a list of adopted textbooks with the school district clerk. Under the bill, each
42	42	school board must also post the list of adopted textbooks on the school board's
43	43	website.
44	44	Finally, the bill specifies that nothing in the bill may be construed to require a
45	45	school board to take an action that would violate federal copyright law and that the
46	46	bill does not limit any rights a school district resident has to inspect or copy records
47	47	under open records law.
48	48	The people of the state of Wisconsin, represented in senate and assembly, do
49	49	enact as follows:
50	50	SECTION 1. 118.03 (1) of the statutes is amended to read:
51	51	118.03 (1) The school board shall adopt all the textbooks necessary for use in
52	52	the schools under its charge. The school board shall file the list of the adopted books
53	53	shall be filed textbooks with the school district clerk and shall post the list on the
54	54	school board's website.
55	55	SECTION 2. 118.03 (1m) of the statutes is created to read:
56	56	118.03 (1m) (a) Upon written request, a resident of a school district may inspect
57	57	a copy of any textbook adopted under sub. (1) at a location designated by the school
58	58	board for the public to access records under s. 19.34 and at no cost to the resident.
59	59	The school board shall comply with a written request under this paragraph by no
60	60	later than 14 days after the date on which the school board receives the written
61	61	request.
62	62	(b) A school board shall adopt procedures under which the school board is able
63	63	to make available for inspection a copy of any textbook adopted under sub. (1) in
64	64	fewer than 14 days.
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82	82	SECTION 2
83	83	ASSEMBLY BILL 638
84	84	(c) 1. This subsection may not be construed to require a school board to take any
85	85	action that would constitute an infringement of copyright under the federal
86	86	Copyright Act, 17 USC 101 to 1511.
87	87	2. Nothing in this subsection limits a school district resident's rights to access
88	88	or copy records, as defined in s. 19.32 (2), under subch. II of ch. 19.
89	89	SECTION 3. 118.03 (4) of the statutes is amended to read:
90	90	118.03 (4) Any person violating this section sub. (1), (2), or (3) may be fined not
91	91	less than $25 nor more than $100.
92	92	SECTION 4. 118.032 of the statutes is created to read:
93	93	118.032 Curricula and instructional materials; inspection. (1) In this
94	94	section:
95	95	(a) “Curriculum” means a curriculum plan adopted by a school board to comply
96	96	with a school board duty under s. 118.01 (2), 118.015, 118.017, 118.019, or 121.02 (1)
97	97	(c), (h), (k), (L), or (m).
98	98	(b) “Instructional material” means any course content or resource included in
99	99	a curriculum.
100	100	(2) (a) Upon written request, a resident of a school district may inspect a copy
101	101	of any curriculum or instructional material used in a school in the school district at
102	102	a location designated by the school board for the public to access records under s.
103	103	19.34 and at no cost to the resident. The school board shall comply with a written
104	104	request under this paragraph by no later than 14 days after the date on which the
105	105	school board receives the written request.
106	106	(b) A school board shall establish procedures under which the school board is
107	107	able to make available for inspection a copy of any curriculum or instructional
108	108	material used in a school under its charge in fewer than 14 days.
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135	135	SECTION 4 ASSEMBLY BILL 638
136	136	(c) 1. This subsection may not be construed to require a school board to take any
137	137	action that would constitute an infringement of copyright under the federal
138	138	Copyright Act, 17 USC 101 to 1511.
139	139	2. Nothing in this subsection limits a school district resident's rights to access
140	140	or copy records, as defined in s. 19.32 (2), under subch. II of ch. 19.
141	141	SECTION 5.0Initial applicability.
142	142	(1) This act first applies to textbooks adopted for use and curricula and
143	143	instructional materials used in the school year beginning after the effective date of
144	144	this subsection.
145	145	(END)
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