1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-1620/1 |
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3 | 3 | | FFK:skw |
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4 | 4 | | 2025 SENATE BILL 22 |
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5 | 5 | | February 5, 2025 - Introduced by Senators TOMCZYK, NASS and WANGGAARD, |
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6 | 6 | | cosponsored by Representatives DITTRICH, KNODL, ALLEN, BEHNKE, BRILL, |
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7 | 7 | | GOEBEN, GUNDRUM, B. JACOBSON, KREIBICH, KRUG, MURPHY, NEDWESKI, |
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8 | 8 | | PIWOWARCZYK, TUSLER and WICHGERS. Referred to Committee on Education. |
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9 | 9 | | AN ACT to amend 118.03 (1) and 118.03 (4); to create 118.03 (1m) and 118.032 |
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10 | 10 | | of the statutes; relating to: requiring school boards to make textbooks, |
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11 | 11 | | curricula, and instructional materials available for inspection by school |
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12 | 12 | | district residents. |
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13 | 13 | | Analysis by the Legislative Reference Bureau |
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14 | 14 | | This bill requires a school board to comply with a school district resident[s |
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15 | 15 | | written request to inspect a textbook, curriculum, or instructional material within |
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16 | 16 | | 14 days. |
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17 | 17 | | Under the bill, a school board must comply with a school district resident[s |
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18 | 18 | | written request to inspect curricula or instructional materials used in a school in |
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19 | 19 | | the school district by no later than 14 days after the school board receives the |
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20 | 20 | | written request. The bill also requires each school board to adopt procedures under |
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21 | 21 | | which the school board is able to produce for inspection any curriculum or |
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22 | 22 | | instructional material used in a school in the school district in fewer than 14 days. |
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23 | 23 | | The bill defines XcurriculumY as a curriculum plan adopted by a school board to |
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24 | 24 | | comply with state law and defines Xinstructional materialY as any course content or |
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25 | 25 | | resource included in a curriculum. |
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26 | 26 | | Similarly, the bill requires a school board to comply with a school district |
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27 | 27 | | resident[s written request to inspect a textbook on the school board[s list of adopted |
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31 | 31 | | 4 2025 - 2026 Legislature |
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32 | 32 | | SENATE BILL 22 |
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33 | 33 | | - 2 - LRB-1620/1 |
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34 | 34 | | FFK:skw |
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35 | 35 | | textbooks by no later than 14 days after the school board receives the written |
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36 | 36 | | request. Under the bill, a school board must also adopt procedures under which the |
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37 | 37 | | school board is capable of producing for inspection any textbook included on the |
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38 | 38 | | school board[s list of adopted textbooks in no more than 14 days. Current law |
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39 | 39 | | requires each school board to adopt all textbooks necessary for use in schools in the |
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40 | 40 | | school district and file a list of adopted textbooks with the school district clerk. |
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41 | 41 | | Under the bill, each school board must also post the list of adopted textbooks on the |
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42 | 42 | | school board[s website. |
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43 | 43 | | Finally, the bill specifies that nothing in the bill may be construed to require a |
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44 | 44 | | school board to take an action that would violate federal copyright law and that the |
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45 | 45 | | bill does not limit any rights a school district resident has to inspect or copy records |
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46 | 46 | | under open records law. |
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47 | 47 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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48 | 48 | | enact as follows: |
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49 | 49 | | SECTION 1. 118.03 (1) of the statutes is amended to read: |
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50 | 50 | | 118.03 (1) The school board shall adopt all the textbooks necessary for use in |
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51 | 51 | | the schools under its charge. The school board shall file the list of the adopted |
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52 | 52 | | books shall be filed textbooks with the school district clerk and shall post the list on |
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53 | 53 | | the school board[s website. |
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54 | 54 | | SECTION 2. 118.03 (1m) of the statutes is created to read: |
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55 | 55 | | 118.03 (1m) (a) Upon written request, a resident of a school district may |
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56 | 56 | | inspect a copy of any textbook adopted under sub. (1) at a location designated by the |
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57 | 57 | | school board for the public to access records under s. 19.34 and at no cost to the |
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58 | 58 | | resident. The school board shall comply with a written request under this |
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59 | 59 | | paragraph by no later than 14 days after the date on which the school board receives |
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60 | 60 | | the written request. |
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61 | 61 | | (b) A school board shall adopt procedures under which the school board is able |
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62 | 62 | | to make available for inspection a copy of any textbook adopted under sub. (1) in |
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63 | 63 | | fewer than 14 days. |
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78 | 78 | | 15 2025 - 2026 Legislature |
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79 | 79 | | SENATE BILL 22 |
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80 | 80 | | - 3 - LRB-1620/1 |
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81 | 81 | | FFK:skw |
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82 | 82 | | SECTION 2 |
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83 | 83 | | (c) 1. This subsection may not be construed to require a school board to take |
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84 | 84 | | any action that would constitute an infringement of copyright under the federal |
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85 | 85 | | Copyright Act, 17 USC 101 to 1511. |
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86 | 86 | | 2. Nothing in this subsection limits a school district resident[s rights to access |
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87 | 87 | | or copy records, as defined in s. 19.32 (2), under subch. II of ch. 19. |
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88 | 88 | | SECTION 3. 118.03 (4) of the statutes is amended to read: |
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89 | 89 | | 118.03 (4) Any person violating this section sub. (1), (2), or (3) may be fined |
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90 | 90 | | not less than $25 nor more than $100. |
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91 | 91 | | SECTION 4. 118.032 of the statutes is created to read: |
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92 | 92 | | 118.032 Curricula and instructional materials; inspection. (1) In this |
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93 | 93 | | section: |
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94 | 94 | | (a) XCurriculumY means a curriculum plan adopted by a school board to |
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95 | 95 | | comply with a school board duty under s. 118.01 (2), 118.015, 118.017, 118.019, or |
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96 | 96 | | 121.02 (1) (c), (h), (k), (L), or (m). |
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97 | 97 | | (b) XInstructional materialY means any course content or resource included in |
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98 | 98 | | a curriculum. |
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99 | 99 | | (2) (a) Upon written request, a resident of a school district may inspect a copy |
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100 | 100 | | of any curriculum or instructional material used in a school in the school district at |
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101 | 101 | | a location designated by the school board for the public to access records under s. |
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102 | 102 | | 19.34 and at no cost to the resident. The school board shall comply with a written |
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103 | 103 | | request under this paragraph by no later than 14 days after the date on which the |
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104 | 104 | | school board receives the written request. |
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105 | 105 | | (b) A school board shall establish procedures under which the school board is |
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128 | 128 | | 23 2025 - 2026 Legislature |
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129 | 129 | | SENATE BILL 22 |
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130 | 130 | | - 4 - LRB-1620/1 |
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131 | 131 | | FFK:skw |
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132 | 132 | | SECTION 4 |
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133 | 133 | | able to make available for inspection a copy of any curriculum or instructional |
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134 | 134 | | material used in a school under its charge in fewer than 14 days. |
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135 | 135 | | (c) 1. This subsection may not be construed to require a school board to take |
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136 | 136 | | any action that would constitute an infringement of copyright under the federal |
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137 | 137 | | Copyright Act, 17 USC 101 to 1511. |
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138 | 138 | | 2. Nothing in this subsection limits a school district resident[s rights to access |
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139 | 139 | | or copy records, as defined in s. 19.32 (2), under subch. II of ch. 19. |
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140 | 140 | | SECTION 5. Initial applicability. |
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141 | 141 | | (1) This act first applies to textbooks adopted for use and curricula and |
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142 | 142 | | instructional materials used in the school year beginning after the effective date of |
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143 | 143 | | this subsection. |
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144 | 144 | | (END) |
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