Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB642 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 642
55 November 8, 2023 - Introduced by Representatives DITTRICH, O'CONNOR,
66 MAGNAFICI, MICHALSKI, GUNDRUM, MURPHY, GOEBEN, WICHGERS, ROZAR and
77 RETTINGER, cosponsored by Senators QUINN, NASS and TOMCZYK. Referred to
88 Committee on Education.
99 ***AUTHORS SUBJECT TO CHANGE***
1010 AN ACT to amend 43.30 (1m) and 119.04 (1); and to create 120.12 (29) of the
1111 statutes; relating to: parental notification related to school library materials.
1212 Analysis by the Legislative Reference Bureau
1313 This bill requires school boards to develop and implement a policy under which
1414 the custodial parent or guardian of a pupil who is under the age of 16 is notified of
1515 each document or material the pupil checks out from a school library as soon as is
1616 practicable, but no later than 24 hours after the checkout. Under current law, subject
1717 to various exceptions, library records that identify who borrows or uses a library
1818 material may not be disclosed. One of the exceptions is for custodial parents of a child
1919 who is under the age of 16. Specifically, current law requires, upon the request of a
2020 custodial parent or guardian of a child who is under the age of 16, a library supported
2121 by public funds to disclose to the custodial parent or guardian all library records
2222 relating to the use of the library's documents or other materials, resources, or
2323 services by the child.
2424 The bill also requires a school board to annually notify parents and guardians
2525 of pupils enrolled in the school district of whether or not the school board provides
2626 pupils access to the electronic collection of resources known as Badger Link that is
2727 maintained by the Division for Libraries and Technology in the Department of Public
2828 Instruction.
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3333 For further information see the local fiscal estimate, which will be printed as
3434 an appendix to this bill.
3535 The people of the state of Wisconsin, represented in senate and assembly, do
3636 enact as follows:
3737 SECTION 1. 43.30 (1m) of the statutes is amended to read:
3838 43.30 (1m) Records of any library which is in whole or in part supported by
3939 public funds, including the records of a public library system, indicating the identity
4040 of any individual who borrows or uses the library's documents or other materials,
4141 resources, or services may not be disclosed except by court order or to persons acting
4242 within the scope of their duties in the administration of the library or library system,
4343 to persons authorized by the individual to inspect such records, to custodial parents
4444 or guardians of children under the age of 16 under sub. (4) or s, 120.12 (29) (b), to
4545 libraries under subs. (2) and (3), or to law enforcement officers under sub. (5).
4646 SECTION 2. 119.04 (1) of the statutes is amended to read:
4747 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
4848 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
4949 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
5050 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125
5151 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
5252 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10),
5353 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30 to
5454 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5),
5555 and (15) to (27), and (29), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26),
5656 (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are
5757 applicable to a 1st class city school district and board but not, unless explicitly
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8181 SECTION 2
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8383 provided in this chapter or in the terms of a contract, to the commissioner or to any
8484 school transferred to an opportunity schools and partnership program.
8585 SECTION 3. 120.12 (29) of the statutes is created to read:
8686 120.12 (29) SCHOOL LIBRARY MATERIALS; PARENTAL NOTIFICATION. (a) Annually
8787 notify parents and guardians of pupils enrolled in the school district of whether or
8888 not the school board provides pupils enrolled in the school district access to the
8989 electronic resources maintained by the department under s. 43.05 (11) and, if so, at
9090 what schools in the school district access to the electronic resources is provided to
9191 pupils.
9292 (b) Develop and implement a policy under which the school board notifies a
9393 custodial parent, as defined in s. 43.30 (1b) (ag), or guardian of a pupil who is under
9494 the age of 16 of each document or material, in any format, the pupil borrows from a
9595 school library as soon as practicable, but no later than 24 hours after the pupil
9696 borrows the document or material from a school library.
9797 (END)
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