1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-2255/1 |
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3 | 3 | | FFK:skw |
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4 | 4 | | 2025 SENATE BILL 97 |
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5 | 5 | | March 7, 2025 - Introduced by Senators TOMCZYK and NASS, cosponsored by |
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6 | 6 | | Representatives FRANKLIN, BEHNKE, BRILL, DITTRICH, B. JACOBSON, |
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7 | 7 | | KAUFERT, KNODL, KREIBICH, MELOTIK, MURPHY, MURSAU, O'CONNOR, |
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8 | 8 | | STEFFEN, TITTL and WICHGERS. Referred to Committee on Mental Health, |
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9 | 9 | | Substance Abuse Prevention, Children and Families. |
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10 | 10 | | AN ACT to create 118.07 (6) of the statutes; relating to: parental notification of |
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11 | 11 | | alleged sexual misconduct by a school staff member. |
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12 | 12 | | Analysis by the Legislative Reference Bureau |
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13 | 13 | | This bill requires each school board, governing body of a private school, and |
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14 | 14 | | operator of a charter school to notify a pupil[s parent or guardian if the school |
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15 | 15 | | board, governing body, or operator receives a credible report alleging sexual |
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16 | 16 | | misconduct by a school staff member and the pupil is identified as an alleged |
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17 | 17 | | victim, target, or recipient of the misconduct. Under the bill, a school board, |
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18 | 18 | | governing body, or operator must notify the pupil[s parent or guardian by no later |
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19 | 19 | | than the end of the day on which the school board receives the report containing the |
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20 | 20 | | alleged sexual misconduct. Under the bill, a report is considered to be received by a |
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21 | 21 | | school board or operator of a charter school when it is received by an assistant |
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22 | 22 | | principal, principal, assistant school district superintendent, school district |
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23 | 23 | | superintendent, or school district administrator, and is considered to be received by |
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24 | 24 | | the governing body of a private school when it is received by an assistant principal, |
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25 | 25 | | principal, superintendent, executive director, or other individual who acts as the |
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26 | 26 | | administrative head of the private school. |
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27 | 27 | | Under current law, it is a Class I felony for a school staff member to commit an |
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28 | 28 | | act of sexual misconduct against a pupil. Under current law and the bill, Xsexual |
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29 | 29 | | misconductY means 1) communications made intentionally to sexually degrade, |
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30 | 30 | | sexually humiliate, sexually arouse, or sexually gratify the pupil or the perpetrator |
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31 | 31 | | or 2) intentional touching by the perpetrator or, upon the perpetrator[s instruction, |
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33 | 33 | | 2 2025 - 2026 Legislature |
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34 | 34 | | SENATE BILL 97 |
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35 | 35 | | - 2 - LRB-2255/1 |
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36 | 36 | | FFK:skw |
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37 | 37 | | SECTION 1 |
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38 | 38 | | by the use of a body part or object, if the purpose of the intentional touching is to |
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39 | 39 | | sexually degrade, sexually humiliate, sexually arouse, or sexually gratify the pupil |
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40 | 40 | | or the perpetrator. |
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41 | 41 | | The bill also requires school boards to annually provide information about how |
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42 | 42 | | parents and guardians may access records related to school employee discipline |
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43 | 43 | | under the state public records law. |
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44 | 44 | | For further information see the local fiscal estimate, which will be printed as |
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45 | 45 | | an appendix to this bill. |
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46 | 46 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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47 | 47 | | enact as follows: |
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48 | 48 | | SECTION 1. 118.07 (6) of the statutes is created to read: |
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49 | 49 | | 118.07 (6) (a) Each school board, governing body of a private school, and |
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50 | 50 | | operator of a charter school shall, by no later than the end of the day on which a |
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51 | 51 | | credible report alleging sexual misconduct, as defined in s. 948.098 (1) (d), by a |
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52 | 52 | | school staff member, as defined in s. 948.098 (1) (c), is received, shall notify the |
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53 | 53 | | parents or guardians of each pupil alleged to be a victim, target, or recipient of the |
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54 | 54 | | alleged sexual misconduct by the school staff member. For purposes of this |
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55 | 55 | | paragraph, a report is considered to be received by a school board or the operator of |
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56 | 56 | | a charter school when it is received by an individual employed by the school district |
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57 | 57 | | or operator of the charter school and for purposes of that employment the individual |
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58 | 58 | | is required to hold a license issued by the department under s. PI 34.066 or 34.067, |
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59 | 59 | | Wis. Adm. Code. For purposes of this paragraph, a report is considered to be |
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60 | 60 | | received by the governing body of a private school when it is received by an |
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61 | 61 | | individual employed by the governing body of the private school as an assistant |
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62 | 62 | | principal, a principal, or an administrator, as defined in s. 118.60 (1) (ad). |
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63 | 63 | | (b) Each school board shall annually provide parents and guardians with |
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79 | 79 | | 16 2025 - 2026 Legislature |
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80 | 80 | | SENATE BILL 97 |
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81 | 81 | | - 3 - LRB-2255/1 |
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82 | 82 | | FFK:skw |
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83 | 83 | | SECTION 1 |
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84 | 84 | | information regarding their rights to access records regarding school employee |
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85 | 85 | | discipline under subch. II of ch. 19. |
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86 | 86 | | SECTION 2. Initial applicability. |
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87 | 87 | | (1) This act first applies to a credible report alleging sexual misconduct by a |
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88 | 88 | | school staff member that is received on the effective date of this subsection. |
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89 | 89 | | (END) |
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