Wis. Stat. § 118.125 — WI Code / Chapter 118 / Section 118.125
Section 118.125
Status: in_force

2. Upon request, to any court of this state or of the United States that needs to review those records or that information for the purpose of addressing the educational needs of a pupil who is the subject of a proceeding in that court.

3. In response to an order of a court conducting proceedings under s. 48.135 , 48.21 , 938.135 , 938.18 , 938.183 , or 938.21 , proceedings related to a petition under s. 48.13 , 48.133 , 48.42 , 938.12 , or 938.13 , or dispositional proceedings under subch. VI or VIII of ch. 48 or subch. VI of ch. 938 or in response to a subpoena issued in such a proceeding, to any person who is engaged in addressing the educational needs of the pupil and who is authorized to receive that disclosure under that order or subpoena. Except as provided in 20 USC 1232g (b) (2) (B), a department, county department, or tribal organization that is issued an order or subpoena described in this subdivision shall provide notice of the order or subpoena to the pupil’s parent or guardian before complying with the order or subpoena.

(2m) Confidentiality of pupil physical health records.

(a) Except as provided in par. (b) , any pupil record that relates to a pupil’s physical health and that is not a pupil physical health record shall be treated as a patient health care record under ss. 146.81 to 146.84 .

(b) Any pupil record that concerns the results of an HIV test, as defined in s. 252.01 (2m) , shall be treated as provided under s. 252.15 .

(3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil’s progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm, on an optical disc, or in electronic format if authorized under s. 19.21 (4) (c) , or in such other form as the school board deems appropriate. A school board shall maintain law enforcement officers’ records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or (c) 3. separately from a pupil’s other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under ch. 985 .

(4) Transfer of records. No later than the next working day, a school district, a private school participating in the program under s. 118.60 or in the program under s. 119.23 , and the governing body of a private school that, pursuant to s. 115.999 (3) , 119.33 (2) (c) 3. , or 119.9002 (3) (c) , is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33 , subch. IX of ch. 115 , or subch. II of ch. 119 shall transfer to another school, including a private or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p) , or a secured residential care center for children and youth, as defined in s. 938.02 (15g) . In this subsection, “school” and “school district” include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.

(5) Use for suspension or expulsion.

(a) Except as provided in par. (b) , nothing in this section prohibits a school district from using a pupil’s records in connection with the suspension or expulsion of the pupil or the use of such records by a multidisciplinary team under ch. 115 .

(b) Law enforcement officers’ records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or (c) 3. and records of the court assigned to exercise jurisdiction under chs. 48 and 938 or of a municipal court obtained under s. 938.396 (2g) (m) may not be used by a school district as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action against a pupil, but may be used as the sole basis for taking action against a pupil under the school district’s athletic code.

(6) Application to existing records. Any records existing on June 9, 1974 need not be revised for the purpose of deleting information from pupil records to comply with this section.

(7) Disclosure of law enforcement unit records. A school board shall treat law enforcement unit records of juveniles in the same manner as a law enforcement agency is required to treat law enforcement officers’ records of juveniles under s. 938.396 (1) (a) .

History: 1973 c. 254 ; 1977 c. 418 ; 1979 c. 205 ; 1981 c. 20 , 273 ; 1983 a. 189 ; 1985 a. 218 ; 1987 a. 27 , 70 , 206 , 285 , 337 , 355 ; 1987 a. 399 s. 491r ; 1987 a. 403 ss. 123 , 124 , 256 ; 1989 a. 31 , 168 ; 1989 a. 201 s. 36 ; 1989 a. 336 ; 1991 a. 39 , 189 ; 1993 a. 27 , 172 , 334 , 377 , 385 , 399 , 450 , 491 ; 1995 a. 27 ss. 3939 , 3940 , 9126 (19) , 9130 (4) , 9145 (1) ; 1995 a. 77 , 173 , 225 , 352 ; 1997 a. 3 , 27 , 205 , 237 , 239 ; 1999 a. 9 , 149 ; 2003 a. 82 , 292 ; 2005 a. 344 , 434 ; 2005 a. 443 s. 265 ; 2007 a. 20 ss. 2712 , 9121 (6) (a) ; 2009 a. 11 , 28 , 209 , 302 , 309 ; 2011 a. 32 , 105 , 260 ; 2015 a. 55 , 161 , 196 ; 2017 a. 251 ; 2019 a. 109 .