Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1091 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 SENATE BILL 1091
5	5	March 18, 2024 - Introduced by Senator TESTIN. Referred to Committee on
6	6	Education.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to amend 120.13 (1) (a) (intro.); and to create 120.13 (1) (a) 5. of the
9	9	statutes; relating to: school board rules related to pupil discipline and
10	10	requiring a reintegration process in a school board's code of classroom conduct.
11	11	Analysis by the Legislative Reference Bureau
12	12	Under current law, school boards may do all things reasonable to promote the
13	13	cause of education, including make rules pertaining to conduct of pupils to maintain
14	14	good decorum and a favorable academic atmosphere in the schools of the school
15	15	district. For purposes of rules related to pupil discipline, this bill expressly
16	16	authorizes school boards to take into account certain conduct that occurs while a
17	17	pupil is not at school or under school supervision. Off-campus pupil conduct that
18	18	may be considered for pupil discipline is conduct that 1) is not off-campus conduct
19	19	that is a basis for suspension or expulsion under current law, 2) is egregious, and 3)
20	20	endangers the safety of a child. Under current law, a pupil may be suspended or
21	21	expelled for conduct that does not occur at school or under the supervision of a school
22	22	authority if the conduct 1) endangers the property, health, or safety of others at
23	23	school or under school supervision or 2) endangers the property, health, or safety of
24	24	any school district employee or school board member.
25	25	Current law also requires each school board to adopt a code that governs
26	26	classroom conduct and specifies that each code of classroom conduct must include
27	27	various items related to removing a pupil from a classroom. The bill requires that
28	28	a school board's code of classroom conduct must also include a reintegration process
29	29	that applies when a pupil returns to the classroom from a suspension or expulsion
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34	34	SENATE BILL 1091
35	35	that was the result of an act of violence against another pupil. Under the bill, the
36	36	reintegration process must include a notice to the parent of a pupil who was a victim
37	37	of the violence; an opportunity for the pupil who was a victim of the violence to make
38	38	recommendations about the pupil returning to the classroom or school; and a
39	39	requirement that the school board take all reasonable and practicable steps to ensure
40	40	the emotional and physical safety of a pupil who was a victim of the violence in
41	41	reintegrating the pupil to the classroom or school.
42	42	The people of the state of Wisconsin, represented in senate and assembly, do
43	43	enact as follows:
44	44	SECTION 1. 120.13 (1) (a) (intro.) of the statutes is amended to read:
45	45	120.13 (1) (a) (intro.) Make rules for the organization, gradation and
46	46	government of the schools of the school district, including rules pertaining to conduct
47	47	and dress of pupils in order to maintain good decorum and a favorable academic
48	48	atmosphere, which shall take effect when approved by a majority of the school board
49	49	and filed with the school district clerk. For purposes of rules related to pupil
50	50	discipline, a school board may take into account conduct that occurs while the pupil
51	51	is not at school or under the supervision of a school authority that is not conduct
52	52	under par. (b) 2. d. if the conduct is egregious and endangers the safety of a child.
53	53	Subject to 20 USC 1415 (k), the school board shall adopt a code to govern pupils'
54	54	classroom conduct beginning in the 1999-2000 school year. The code shall be
55	55	developed in consultation with a committee of school district residents that consists
56	56	of parents, pupils, members of the school board, school administrators, teachers,
57	57	pupil services professionals and other residents of the school district who are
58	58	appointed to the committee by the school board. The code of classroom conduct may
59	59	provide different standards of conduct for different schools and may provide
60	60	additional placement options under s. 118.164 (3). The code shall include all of the
61	61	following:
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82	82	SECTION 2
83	83	SENATE BILL 1091
84	84	SECTION 2. 120.13 (1) (a) 5. of the statutes is created to read:
85	85	120.13 (1) (a) 5. A reintegration process for a pupil returning to the classroom
86	86	following a suspension or expulsion the basis of which was violence against another
87	87	pupil. The process shall include at least all of the following:
88	88	a. Notice to the parent or guardian of a pupil who experienced the violence that
89	89	was the basis of the suspension or expulsion that the pupil is returning to the
90	90	classroom or school.
91	91	b. An opportunity for a pupil who experienced the violence that was the basis
92	92	of the suspension or expulsion to make recommendations related to the pupil's
93	93	reintegration to the classroom or school.
94	94	c. A requirement that in returning the pupil to the classroom or school, the
95	95	school board shall take all reasonable and practicable steps to ensure the emotional
96	96	and physical safety of any pupil who experienced the violence that was the basis of
97	97	the suspension or expulsion.
98	98	(END)
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