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2023 - 2024 LEGISLATURE
2023 SENATE BILL 1091
March 18, 2024 - Introduced by Senator TESTIN. Referred to Committee on
Education.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 120.13 (1) (a) (intro.); and to create 120.13 (1) (a) 5. of the
statutes; relating to: school board rules related to pupil discipline and
requiring a reintegration process in a school board's code of classroom conduct.
Analysis by the Legislative Reference Bureau
Under current law, school boards may do all things reasonable to promote the
cause of education, including make rules pertaining to conduct of pupils to maintain
good decorum and a favorable academic atmosphere in the schools of the school
district. For purposes of rules related to pupil discipline, this bill expressly
authorizes school boards to take into account certain conduct that occurs while a
pupil is not at school or under school supervision. Off-campus pupil conduct that
may be considered for pupil discipline is conduct that 1) is not off-campus conduct
that is a basis for suspension or expulsion under current law, 2) is egregious, and 3)
endangers the safety of a child. Under current law, a pupil may be suspended or
expelled for conduct that does not occur at school or under the supervision of a school
authority if the conduct 1) endangers the property, health, or safety of others at
school or under school supervision or 2) endangers the property, health, or safety of
any school district employee or school board member.
Current law also requires each school board to adopt a code that governs
classroom conduct and specifies that each code of classroom conduct must include
various items related to removing a pupil from a classroom. The bill requires that
a school board's code of classroom conduct must also include a reintegration process
that applies when a pupil returns to the classroom from a suspension or expulsion
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SENATE BILL 1091
that was the result of an act of violence against another pupil. Under the bill, the
reintegration process must include a notice to the parent of a pupil who was a victim
of the violence; an opportunity for the pupil who was a victim of the violence to make
recommendations about the pupil returning to the classroom or school; and a
requirement that the school board take all reasonable and practicable steps to ensure
the emotional and physical safety of a pupil who was a victim of the violence in
reintegrating the pupil to the classroom or school.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 120.13 (1) (a) (intro.) of the statutes is amended to read:
120.13 (1) (a) (intro.) Make rules for the organization, gradation and
government of the schools of the school district, including rules pertaining to conduct
and dress of pupils in order to maintain good decorum and a favorable academic
atmosphere, which shall take effect when approved by a majority of the school board
and filed with the school district clerk. For purposes of rules related to pupil
discipline, a school board may take into account conduct that occurs while the pupil
is not at school or under the supervision of a school authority that is not conduct
under par. (b) 2. d. if the conduct is egregious and endangers the safety of a child.
Subject to 20 USC 1415 (k), the school board shall adopt a code to govern pupils'
classroom conduct beginning in the 1999-2000 school year. The code shall be
developed in consultation with a committee of school district residents that consists
of parents, pupils, members of the school board, school administrators, teachers,
pupil services professionals and other residents of the school district who are
appointed to the committee by the school board. The code of classroom conduct may
provide different standards of conduct for different schools and may provide
additional placement options under s. 118.164 (3). The code shall include all of the
following:
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SECTION 2
SENATE BILL 1091
SECTION 2. 120.13 (1) (a) 5. of the statutes is created to read:
120.13 (1) (a) 5. A reintegration process for a pupil returning to the classroom
following a suspension or expulsion the basis of which was violence against another
pupil. The process shall include at least all of the following:
a. Notice to the parent or guardian of a pupil who experienced the violence that
was the basis of the suspension or expulsion that the pupil is returning to the
classroom or school.
b. An opportunity for a pupil who experienced the violence that was the basis
of the suspension or expulsion to make recommendations related to the pupil's
reintegration to the classroom or school.
c. A requirement that in returning the pupil to the classroom or school, the
school board shall take all reasonable and practicable steps to ensure the emotional
and physical safety of any pupil who experienced the violence that was the basis of
the suspension or expulsion.
(END)
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