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