reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.133 - Participation in interscholastic athletics and extracurricular activities.

118.133
Participation in interscholastic athletics and extracurricular activities.
(1)
Interscholastic athletics.
(a)
A school board shall permit a pupil who resides in the school district and is enrolled in a home-based private educational program to participate in interscholastic athletics in the school district on the same basis and to the same extent that it permits pupils enrolled in the school district to participate.
(b)
Upon request, the home-based educational program in which the pupil is enrolled shall provide the school board with a written statement that the pupil meets the school board's requirements for participation in interscholastic athletics based on age and academic and disciplinary records. No person may provide a false statement under this paragraph. The school board may not question the accuracy or validity of the statement or request additional information.
(2)
Extracurricular activities. A school board shall permit a pupil who resides in the school district and is enrolled in a home-based private educational program to participate in extracurricular activities in the school district on the same basis and to the same extent that it permits pupils enrolled in the school district to participate.
(3)
Participation fees. A school board may charge a pupil who participates in interscholastic athletics or extracurricular activities as permitted under this section participation fees, including fees for uniforms, equipment, and musical instruments, on the same basis and to the same extent that it charges these fees to a pupil who is enrolled in the school district.
History:  2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.135 - Eye examinations and evaluations.

118.135
Eye examinations and evaluations.
(1)
Beginning in the 2002-03 school year, each school board and each charter school shall request each pupil entering kindergarten to provide evidence that the pupil has had his or her eyes examined by an optometrist licensed under ch. 449 or evaluated by a physician licensed under ch. 448.
(2)
A pupil who complies with a request under sub. (1) shall provide evidence of an eye examination or evaluation by December 31 following the pupil's enrollment in kindergarten.
(3)
To the extent feasible, the medical examining board and the optometry examining board shall encourage physicians and optometrists, for the purpose of this section, to conduct free eye examinations or evaluations of pupils who are in financial need and do not have insurance coverage for eye examinations or evaluations.
History:  2001 a. 16; 2011 a. 32; 2017 a. 329.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.14 - Age of pupils; phase in of 4-year-old kindergarten.

118.14
Age of pupils; phase in of 4-year-old kindergarten.
(1)
Except as provided in s. 120.12 (25):
(a)
No child may be admitted to a 4-year-old kindergarten unless he or she is 4 years old on or before September 1 in the year that he or she proposes to enter school.
(b)
No child may be admitted to a 5-year-old kindergarten unless he or she is 5 years old on or before September 1 in the year he or she proposes to enter school.
(c)
No child may be admitted to the 1st grade unless he or she is 6 years old, on or before September 1 in the year he or she proposes to enter school.
(2)
A resident over 20 years of age may be admitted to school when in the judgment of the school board the resident will not interfere with the pupils of school age.
(3)
(a)
Except as provided in par. (b), if a school board establishes a 4-year-old kindergarten program, the program shall be available to all pupils eligible for the program under sub. (1) (a) or s. 120.12 (25).
(b)
A school board that was operating a 4-year-old kindergarten program in the 2007-08 school year that did not comply with par. (a) shall make a 4-year-old kindergarten program available to all pupils eligible for the program under sub. (1) (a) or s. 120.12 (25) by the beginning of the 2013-14 school year.
History:  1977 c. 418, 429; 1983 a. 36; 1985 a. 29; 1997 a. 240; 2007 a. 226; s. 35.17 correction in (3) (a).
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.145 - Admission to high school.

118.145
Admission to high school.
(1)
The school board of a district operating high school grades shall determine the minimum standards for admission to high school.
(2)
A certificate or diploma or other written evidence issued by a school board showing that the pupil has completed the course of study in the elementary grades of the school district in which the pupil resides shall entitle the pupil to admission to high school. Such certificate or diploma or a certified copy thereof or a certified copy of a list of graduates shall be filed with the school district clerk of the school district operating the high school.
(3)
If the superintendent of a private school or of a tribal school files with the department the course of study for elementary grades prescribed by such school and if such course of study is substantially equivalent to the course of study prepared for elementary grades by the department, a certificate or diploma or other written evidence issued by the superintendent of the private school or tribal school showing that the pupil has completed such course of study shall entitle the pupil to admission to a public high school. The certificate or diploma or a certified copy thereof or a certified copy of a list of graduates shall be filed with the school district clerk of the school district operating the high school.
(4)
The school board of a school district operating high school grades shall allow a pupil enrolled in a private school or a pupil enrolled in a tribal school, who has met the standards for admission to high school under sub. (1), to take up to 2 courses during each school semester if the pupil resides in the school district in which the public school is located and if the school board determines that there is sufficient space in the classroom.
History:  1975 c. 39, 199; 1995 a. 27 s. 9145 (1); 1997 a. 27, 240; 2009 a. 302; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.155 - Released time for religious instruction.

118.155
Released time for religious instruction.
(1)
Any school board shall, without approval of the state superintendent, permit pupils with written permission of a parent or guardian to be absent from school at least 60 minutes but not more than 180 minutes per week to obtain religious instruction outside the school during the required school period. The supervisor of such religious instruction shall report monthly, to the principal of the school regularly attended, the names of the pupils who attended such weekly religious instruction. The school board may deny the privilege of released time to pupils who absent themselves from such religious instruction after requesting the privilege. The time period, or periods, allotted for the pupil to be absent from school for the purpose of religious instruction shall be determined by the school board.
(2)
Any transportation to religious instruction or from religious instruction to the public school shall be the responsibility of the parents or of the organization sponsoring the religious instruction.
(3)
The school district shall be released from all liability for a pupil who is absent from school in accordance with sub. (1).
History:  1973 c. 161; 1995 a. 27 s. 9145 (1); 1997 a. 27.
The constitutionality of this section is upheld. State ex rel. Holt v. Thompson, 66 Wis. 2d 659, 225 N.W.2d 678 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.164 - Removal of pupils from the class.

118.164
Removal of pupils from the class.
(1)
In this section, “teacher" means a person holding a license or permit issued by the state superintendent whose employment by a school district requires that he or she hold that license or permit.
(2)
Subject to 20 USC 1415 (k) and beginning August 1, 1999, a teacher may remove a pupil from the teacher's class if the pupil violates the code of classroom conduct adopted under s. 120.13 (1) (a) or is dangerous, unruly or disruptive or exhibits behavior that interferes with the ability of the teacher to teach effectively, as specified in the code of classroom conduct. The teacher shall send the pupil to the school principal or his or her designee and notify the school principal or his or her designee immediately of the reasons for the removal. In addition, the teacher shall provide to the principal or his or her designee within 24 hours after the pupil's removal from the class a written explanation of the reasons for the removal.
(3)
(a)
The school principal or his or her designee shall place the pupil in one of the following:
1.
An alternative education program, as defined in s. 115.28 (7) (e) 1.
2.
Another class in the school or another appropriate place in the school, as determined by the school principal or his or her designee.
3.
Another instructional setting.
4.
The class from which the pupil was removed if, after weighing the interests of the removed pupil, the other pupils in the class and the teacher, the school principal or his or her designee determines that readmission to the class is the best or only alternative.
(b)
This subsection does not prohibit the teacher who removed the pupil from the class or the school board, school district administrator, school principal or their designees from disciplining the pupil.
History:  1997 a. 335.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.165 - Private schools.

118.165
Private schools.
(1)
An institution is a private school if its educational program meets all of the following criteria:
(a)
The primary purpose of the program is to provide private or religious-based education.
(b)
The program is privately controlled.
(c)
The program provides at least 875 hours of instruction each school year.
(d)
The program provides a sequentially progressive curriculum of fundamental instruction in reading, language arts, mathematics, social studies, science and health. This subsection does not require the program to include in its curriculum any concept, topic or practice in conflict with the program's religious doctrines or to exclude from its curriculum any concept, topic or practice consistent with the program's religious doctrines.
(e)
The program is not operated or instituted for the purpose of avoiding or circumventing the compulsory school attendance requirement under s. 118.15 (1) (a) and (am).
(f)
The pupils in the institution's educational program, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation, or the institution is licensed as a child welfare agency under s. 48.60 (1).
(2)
An institution may request the state superintendent to approve the institution's educational program as a private school. The state superintendent shall base his or her approval solely on the criteria under sub. (1).
History:  1983 a. 512; 1989 a. 336; 1995 a. 27; 1997 a. 27; 2009 a. 41.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.167 - Private school determination by state superintendent.

118.167
Private school determination by state superintendent.
If an association that regulates or accredits private educational institutions in this state submits an affidavit to the state superintendent attesting that the institution meets or exceeds all of the criteria under s. 118.165 and the state superintendent finds that the institution does meet or exceed all of the criteria under s. 118.165, the state superintendent shall determine that the institution is a private school. If at any time the state superintendent finds that an institution determined to be a private school under this section no longer meets the criteria under s. 118.165, the state superintendent may withdraw the determination.
History:  1983 a. 512; 1995 a. 27; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.169 - Pupil identification.

118.169
Pupil identification.
(1)
Identification numbers. A school board, and the governing body of a private school, may assign to each pupil enrolled in the school district or private school a unique identification number. The school board or governing body may not assign to any pupil an identification number that is identical to or incorporates the pupil's social security number. This subsection does not prohibit a school board or governing body from requiring a pupil to disclose the pupil's social security number, nor from using a pupil's social security number if the use is required by a federal or state agency or private organization in order for the school district or private school to participate in a particular program.
(2)
Identification cards.
(a)
If a school board or operator of a charter school under s. 118.40 (2r) or (2x) issues identification cards to pupils, the school board or operator shall include on each identification card issued to a pupil the telephone number for the National Suicide Prevention Lifeline or one of its affiliate crisis centers or, if the National Suicide Prevention Lifeline ceases operations, another national network of local crisis centers that provides free and confidential emotional support to individuals in suicidal crisis or emotional distress 24 hours a day and 7 days a week. The school board or operator may also include on the identification card any of the following information:
1.
A statement that the text-based emotional support service of the Crisis Text Line may be accessed by texting HOPELINE to 741741 or, if applicable, by specifying any successor method.
2.
Instructions for contacting a text-based state or national organization, other than the organization described under subd. 1., that provides free support to individuals in crisis 24 hours a day and 7 days a week.
3.
The telephone number for a local suicide prevention hotline.
(b)
A school board or operator of a charter school under s. 118.40 (2r) or (2x) may include the information described under par. (a) on pupil identification cards by printing the information on, or by affixing a sticker that contains the information to, the identification cards.
History:  1997 a. 128; 2019 a. 116.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.17 - Indigent children.

118.17
Indigent children.
The principal or teacher in charge of any public school shall report to the county department under s. 46.215, 46.22 or 46.23 for the county wherein the school is situated the name and address of any child in the school whose parent, guardian or other person having control, charge or custody of the child is without sufficient means to furnish the child with food or clothing necessary to enable the child to attend school.
History:  1985 a. 29; 1995 a. 27.
Cross-reference:  Section 120.12 (11) provides for free books and school supplies for indigent children.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.175 - Pupils without parents or guardians; report required.

118.175
Pupils without parents or guardians; report required.
(1)
This section does not apply to a pupil who has a legal custodian, as defined in s. 48.02 (11) or 938.02 (11), or who is cared for by a kinship care relative, as defined in s. 48.57 (3m) (a) 2.
(2)
If a pupil is a child who is without a parent or guardian, any school teacher, school administrator, school counselor or school social worker who knows that the child is without a parent or guardian shall report that fact as soon as possible to the county department under s. 46.22 or 46.23 or, in a county having a population of 750,000 or more, to the department of health services.
History:  1999 a. 9, 133; 2007 a. 20 s. 9121 (6) (a); 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.18 - Teacher reports.

118.18
Teacher reports.
Every teacher shall record the names, ages and studies of all pupils under his or her charge and their daily attendance and such other facts or matters relating to the school as the state superintendent or school board requires.
History:  1979 c. 301; 1995 a. 27 s. 9145 (1); 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.1915 - Licensure for Junior Reserve Officer Training Corps instructors.

118.1915
Licensure for Junior Reserve Officer Training Corps instructors.
(1)
Notwithstanding s. 118.19 (4m), (6) to (9), (12), and (14), the department shall grant a license to an individual to provide instruction to pupils enrolled in a Junior Reserve Officer Training Corps program offered in the high school grades if the individual is eligible for licensure under s. 118.19 (4) and (10) and the individual satisfies all of the following:
(a)
Possesses a bachelor's degree.
(b)
Successfully completed a Junior Reserve Officer Training Corps Instructor Certification program.
(2)
A license under sub. (1) authorizes an individual to teach the courses for which the individual has successfully completed the Junior Reserve Officer Training Corps Instructor Certification process.
History:  2017 a. 59; s. 35.17 correction in (1) (intro.).
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.192 - Professional teaching permits.

118.192
Professional teaching permits.
(1)
The state superintendent shall establish an alternative teacher training program for music, art, foreign language, computer science, mathematics and science teachers. The program shall consist of approximately 100 hours of formal instruction.
(2)
An individual who holds a bachelor's degree in engineering, music, art, foreign language, computer science, mathematics or science from an accredited institution of higher education, has at least 5 years of experience as a professional in the subject area in which his or her degree was awarded and demonstrates, to the satisfaction of the state superintendent, competency in that subject area that is current and compatible with modern curricula may apply to the state superintendent for enrollment in the alternative teacher training program. The state superintendent shall charge a fee sufficient to cover the costs of the program.
(3)
The state superintendent shall grant a professional teaching permit to any person who satisfactorily completes the program under sub. (2). The permit authorizes the person to teach the subject area specified by the state superintendent in grades kindergarten to 12. The initial permit shall be valid for 2 years. During the initial permit period, the person shall be supervised by a person who holds a regular teaching license. The permit is renewable for 5-year periods.
(4)
A school board that employs a person who holds a professional teaching permit shall ensure that no regularly licensed teacher is removed from his or her position as a result of the employment of persons holding permits.
History:  1991 a. 108; 1995 a. 27 ss. 3952, 9145 (1); 1997 a. 27, 237.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.194 - Initial license to teach; Montessori.

118.194
Initial license to teach; Montessori.
(1)
Notwithstanding s. 118.19 (4m), (6) to (9), (12), and (14), the department shall grant an initial license to teach to an individual who is eligible for licensure under s. 118.19 (4) and (10) and who satisfies all of the following:
(a)
Possesses a bachelor's degree.
(b)
Successfully completed a teacher education program accredited by the Montessori Accreditation Council for Teacher Education or approved by the Association Montessori Internationale.
(c)
Successfully completed an introductory course in special education for which the individual earned at least 3 postsecondary credits.
(d)
Earned a passing score on any standardized examinations required by the state superintendent for a license to teach the same educational levels and subjects issued in accordance with s. 118.19 and on an examination identical to the Foundations of Reading test administered in 2012 as part of the Massachusetts Tests for Educator Licensure or identical to the most recent edition of that test.
(2)
A license under sub. (1) authorizes an individual to teach the educational levels for which the individual has successfully completed a teacher education program described in sub. (1) (b) at a school that uses the Montessori method as its primary method of instruction. The department shall treat an initial license to teach granted under sub. (1) in the same manner the state superintendent treats an initial license to teach granted in accordance with s. 118.19.
History:  2015 a. 55; 2017 a. 106; 2021 a. 214; s. 35.17 correction in (1) (intro.).
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.195 - Discrimination against handicapped teachers prohibited.

118.195
Discrimination against handicapped teachers prohibited.
(1)
No person otherwise qualified may be denied a certificate or license from the state superintendent under s. 118.19 (1) because the person is totally or partially blind, deaf or physically handicapped nor may any school district refuse to employ a teacher on such grounds, if such handicapped teacher is able to carry out the duties of the position which the person seeks.
(2)
Any school board may request the state superintendent for advice and assistance in interpreting this section.
History:  1993 a. 492; 1995 a. 27 s. 9145 (1); 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.196 - Teacher development program.

118.196
Teacher development program.
(1)
A school board, governing body of a private school, or a charter management organization may apply to the department of workforce development for a grant under s. 106.272 to design and implement a teacher development program that satisfies the requirements under sub. (2) with an educator preparation program approved by the department and headquartered in this state.
(2)
(a)
The school board, governing body, or charter management organization and the educator preparation program under sub. (1) shall design the teacher development program to prepare employees of the school district, private school, or charter management organization who work closely with students to successfully complete the requirements for obtaining a permit under s. 118.192 or an initial teaching license under s. 118.19, including any standardized examination prescribed by the state superintendent as a condition for permitting or licensure.
(b)
To implement the teacher development program designed under par. (a), the school board, governing body, and charter management organization shall allow employees who are enrolled in the program to satisfy student teaching requirements in a school in the school district, in the private school, or in the charter management organization, and the partnering entity under sub. (1) shall prepare and provide intensive coursework for participating employees.
(c)
The school board, governing body, and charter management organization shall permit an individual who does not hold a bachelor's degree to enroll in a teacher development program developed and implemented under this section.
(3)
Notwithstanding s. 118.19 (3) (a), the department may issue an initial teaching license to an individual who completes a teacher development program designed and implemented under this section.
History:  2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.197 - Initial license to teach; alternative preparation programs.

118.197
Initial license to teach; alternative preparation programs.
(1)
Notwithstanding s. 118.19 (4m), (6) to (9), (12), and (14), the department shall grant an initial license to teach to an individual who is eligible for licensure under s. 118.19 (4) and (10) and who satisfies all of the following:
(a)
The individual possesses a bachelor's degree.
(b)
The individual successfully completed an alternative teacher certification program operated by a nonstock, nonprofit organization described under section 501 (c) (3) of the Internal Revenue Code that satisfies all of the following criteria:
1.
The organization operates in at least 5 states.
2.
The organization has been operating an alternative teacher certification program for at least 10 years.
3.
The organization requires candidates to pass a subject area exam and the pedagogy exam known as the Professional Teaching Knowledge exam to receive a certificate under the alternative teacher certification.
(2)
A license under sub. (1) authorizes an individual to teach the subject and educational levels for which the individual has successfully completed an alternative teacher certification program. The department shall treat an initial license to teach granted under sub. (1) in the same manner the state superintendent treats an initial license to teach granted in accordance with s. 118.19.
History:  2017 a. 59; s. 35.17 correction in (1) (intro.).
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.225 - Teacher evaluations.

118.225
Teacher evaluations.
A school board may use value-added analyses of scores on the examinations administered to pupils under s. 118.30 and 20 USC 6311 (b) (2) to evaluate teachers if the school board has developed a teacher evaluation plan that includes all of the following:
(1)
A description of the evaluation process.
(2)
Multiple criteria in addition to examination results.
(3)
The rationale for using examination results to evaluate teachers.
(4)
An explanation of how the school board intends to use the evaluations to improve pupil academic achievement.
History:  2009 a. 60; 2011 a. 105; 2017 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.235 - Lunch period for teachers.

118.235
Lunch period for teachers.
Every school board shall grant daily a duty-free lunch period to each of its teachers, except that a school district may contract with any teacher employed by it for services during such period. Such period shall be not less than 30 minutes and shall be provided at or near the time of the regular school lunch period.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.245 - Referendum; increase in employee wages.

118.245
Referendum; increase in employee wages.
(1)
If a school board wishes to increase the total base wages of its employees in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the school board shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in April for collective bargaining agreements that begin in July of that year. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.
(2)
The question submitted in the referendum shall be substantially as follows: “Shall the employees in the .... [school district] receive a total increase on wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"
History:  2011 a. 10.
This section does not violate the plaintiffs' associational rights. No matter the limitations or burdens a legislative enactment places on the collective bargaining process, collective bargaining remains a creation of legislative grace and not constitutional obligation. The restrictions attached to the statutory scheme of collective bargaining are irrelevant in regards to freedom of association because no condition is being placed on the decision to participate. If a general employee participates in collective bargaining under 2011 Wis. Act 10's statutory framework, that general employee has not relinquished a constitutional right. They have only acquired a benefit to which they were never constitutionally entitled. Madison Teachers, Inc. v. Walker, 2014 WI 99, 358 Wis. 2d 1, 851 N.W.2d 337, 12-2067.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.257 - Liability for referral to police.

118.257
Liability for referral to police.
(1)
In this section:
(a)
“Controlled substance" has the meaning specified in s. 961.01 (4).
(am)
“Controlled substance analog" has the meaning given in s. 961.01 (4m).
(at)
“Delivery" has the meaning given in s. 961.01 (6).
(b)
“Distribute" has the meaning specified in s. 961.01 (9).
(c)
“Pupil services professional" means a school counselor, school social worker, school psychologist or school nurse.
(d)
“School" means a public, parochial, private, or tribal school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.
(2)
A school administrator, principal, pupil services professional or teacher employed by a school board is not liable for referring a pupil enrolled in the school district to law enforcement authorities, or for removing a pupil from the school premises or from participation in a school-sponsored activity, for suspicion of possession, distribution, delivery or consumption of an alcohol beverage or a controlled substance or controlled substance analog.
History:  1979 c. 331; 1981 c. 79 s. 17; 1983 a. 373; 1987 a. 170; 1995 a. 448; 2009 a. 302.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.258 - Electronic communication devices prohibited.

118.258
Electronic communication devices prohibited.
(1)
Each school board may adopt rules prohibiting a pupil from using or possessing an electronic communication device while on premises owned or rented by or under the control of a public school.
(2)
Annually, if the school board adopts rules under sub. (1), it shall provide each pupil enrolled in the school district with a copy of the rules.
History:  1989 a. 121; 1995 a. 27 s. 9145 (1); 1997 a. 27; 2005 a. 220.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.26 - Claim against school district.

118.26
Claim against school district.
No action may be brought or maintained against a school district upon a claim or cause of action unless the claimant complies with s. 893.80. This section does not apply to actions commenced under s. 19.37, 19.97 or 281.99.
History:  1977 c. 285; 1979 c. 323 s. 33; 1995 a. 158; 1997 a. 27.
Vocational, technical, and adult education [now technical college] districts are school districts under this section. Binder v. City of Madison, 72 Wis. 2d 613, 241 N.W.2d 613 (1976).
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.27 - Gifts and grants.

118.27
Gifts and grants.
(1)
In this section, “community foundation" means a charitable organization, described in section 501 (c) (3) of the Internal Revenue Code and exempt from federal income tax under section 501 (a) of the Internal Revenue Code, dedicated to encouraging and assisting charitable activities and enterprises in a designated community in this state and having expertise in finance, fund development, and grantmaking.
(2)
The school board of a district may receive, accept, and use gifts or grants of furniture, books, equipment, supplies, moneys, securities, or other property, real or personal, used or useful for school research and educational purposes. All moneys received as gifts or grants shall be placed in the school district treasury but shall be considered segregated trust funds. Whenever a school board receives gifts or grants under this section, it shall make such use thereof, or invest the same in the case of moneys, as the donor or grantor specifies. In the absence of any specific direction as to the use of such gifts or grants by a donor or grantor, the school board may determine the use of or invest the same in accordance with the law applicable to trust investments, or may, subject to sub. (3), transfer any such gift or grant to a community foundation. In the use, control, or investment of such gifts or grants, the school board may exercise the rights and powers generally conferred upon trustees.
(3)
A school board may transfer a gift or grant to a community foundation only if the school board and the community foundation agree, in writing and at the time of the transfer of the gift or grant, to each of the following:
(a)
The community foundation agrees to make disbursements from and of the gift or grant to the school board upon the written request of the school board.
(b)
Subject to par. (bm), the school board retains control over the manner in which any disbursement made under par. (a) is used.
(bm)
The school board's use of any disbursement made under par. (a) shall be consistent with the intent of the donor of the gift, bequest, or endowment and with the agreement between the school board and the community foundation.
(c)
The school board exercises its rights over the use of each disbursement made under par. (a) in accordance with the law applicable to trust investments.
History:  2011 a. 163.
Except for moneys transferred under s. 66.30 (2m) (e) [now s. 36.11 (19) (e)], a district must act as trustee of moneys received under this section. 74 Atty. Gen. 45.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.28 - Community action agencies.

118.28
Community action agencies.
The school board of a school district may appropriate funds for promoting and assisting any community action agency under s. 49.37, 1997 stats.
History:  1977 c. 29; 1983 a. 27 s. 2200 (20); 1995 a. 27; 1999 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.291 - Asthmatic pupils; possession and use of inhalers.

118.291
Asthmatic pupils; possession and use of inhalers.
(1g)
In this section:
(a)
“Asthma" means a chronic inflammatory disease of the airways, characterized by airway obstruction, which is at least partially reversible and which manifests as increased bronchial responsiveness to a variety of stimuli.
(b)
“School" includes a public, private, and tribal school.
(1r)
While in school, at a school-sponsored activity or under the supervision of a school authority, an asthmatic pupil may possess and use a metered dose inhaler or dry powder inhaler if all of the following are true:
(a)
The pupil uses the inhaler before exercise to prevent the onset of asthmatic symptoms or uses the inhaler to alleviate asthmatic symptoms.
(b)
The pupil has the written approval of the pupil's physician and, if the pupil is a minor, the written approval of the pupil's parent or guardian.
(c)
The pupil has provided the school principal with a copy of the approval or approvals under par. (b).
(2)
(a)
No school district, school board or school district employee is civilly liable for injury to a pupil caused by a school district employee who prohibits a pupil from using an inhaler because of the employee's good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee's good faith belief that the requirements of sub. (1r) had been satisfied.
(b)
No private school or private school employee is civilly liable for injury to a pupil caused by a private school employee who prohibits a pupil from using an inhaler because of the employee's good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee's good faith belief that the requirements of sub. (1r) had been satisfied.
(c)
No tribal school or tribal school employee is civilly liable for injury to a pupil caused by a tribal school employee who prohibits a pupil from using an inhaler because of the employee's good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee's good faith belief that the requirements of sub. (1r) had been satisfied.
History:  1997 a. 77; 2005 a. 398; 2009 a. 302.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.292 - Possession and use of epinephrine.

118.292
Possession and use of epinephrine.
(1g)
In this section:
(a)
“Emergency situation" means a situation in which a pupil reasonably believes that he or she is experiencing a severe allergic reaction, including anaphylaxis, that requires the administration of epinephrine to avoid severe injury or death.
(bg)
“Epinephrine delivery system” means a device that is approved by the federal food and drug administration, that contains a premeasured dose of epinephrine, and that is used to administer epinephrine into the human body to prevent or treat a life-threatening allergic reaction.
(c)
“School" includes a public, private, and tribal school.
(1r)
While in school, at a school-sponsored activity or under the supervision of a school authority, a pupil may possess and use an epinephrine delivery system if all of the following are true:
(a)
The pupil uses the epinephrine delivery system to prevent the onset or alleviate the symptoms of an emergency situation.
(b)
The pupil has the written approval of the pupil's physician and, if the pupil is a minor, the written approval of the pupil's parent or guardian.
(c)
The pupil has provided the school principal with a copy of the approval or approvals under par. (b).
(2)
No school board, school district, private school, or tribal school, or any employee of the foregoing, is civilly liable for an injury incurred by any of the following:
(a)
A pupil as a result of using an epinephrine delivery system under sub. (1r).
(b)
Any person as a result of a pupil possessing or using an epinephrine delivery system under sub. (1r).
History:  2011 a. 85; 2021 a. 218; 2023 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.2935 - Sudden cardiac arrest; youth athletic activities.

118.2935
Sudden cardiac arrest; youth athletic activities.
(1)
In this section, “youth athletic activity” has the meaning given in s. 118.293 (1) (c).
(2)
In consultation with the Wisconsin Interscholastic Athletic Association and at least 2 pediatric cardiologists, one of whom is employed by the Medical College of Wisconsin and one of whom is employed by the University of Wisconsin-Madison Medical School, the department shall develop information for the purpose of educating athletic coaches and pupil athletes and their parents or guardians about the nature and risk of sudden cardiac arrest during youth athletic activities. The department shall include in the information developed under this subsection at least all of the following:
(a)
Information about the risks associated with continuing to participate in a youth athletic activity after experiencing one or more symptoms of sudden cardiac arrest, including fainting, difficulty breathing, chest pains, dizziness, and abnormal racing heart rate.
(b)
Information about electrocardiogram testing, including the potential risks, benefits, and evidentiary basis behind electrocardiogram testing.
(c)
Information about how to request, from a pupil's health care provider, the administration of an electrocardiogram, in addition to a comprehensive physical examination required to participate in a youth athletic activity, at a cost to be incurred by the pupil's parent or guardian.
(3m)
At the beginning of a season for a youth athletic activity offered to persons who are 12 years of age or older, the person operating the youth athletic activity shall ensure that the information developed under sub. (2) is included in the information sheet required to be distributed under s. 118.293 (3) (a).
(4)
This section does not create any liability for, or a cause of action against, any person.
(5)
This section does not apply after June 30, 2032.
History: 2021 a. 210.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.295 - Suicide intervention; civil liability exemption.

118.295
Suicide intervention; civil liability exemption.
Any school board, private school, tribal school, county children with disabilities education board, or cooperative educational service agency, and any officer, employee, or volunteer thereof, who in good faith attempts to prevent suicide by a pupil is immune from civil liability for his or her acts or omissions in respect to the suicide or attempted suicide. The civil liability immunity provided in this section is in addition to and not in lieu of that provided under s. 895.48 (1).
History:  1985 a. 29; 1987 a. 14; 1997 a. 164; 2009 a. 302.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.31 - Corporal punishment.

118.31
Corporal punishment.
(1)
In this section, “corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. “Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. “Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.
(2)
Except as provided in sub. (3), no official, employee or agent of a school board may subject a pupil enrolled in the school district to corporal punishment.
(3)
Subsection (2) does not prohibit an official, employee or agent of a school board from:
(a)
Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person.
(b)
Using reasonable and necessary force to obtain possession of a weapon or other dangerous object within a pupil's control.
(c)
Using reasonable and necessary force for the purpose of self-defense or the defense of others under s. 939.48.
(d)
Using reasonable and necessary force for the protection of property under s. 939.49.
(e)
Using reasonable and necessary force to remove a disruptive pupil from a school premises or motor vehicle, as defined in s. 125.09 (2) (a) 1. and 4., or from school-sponsored activities.
(f)
Using reasonable and necessary force to prevent a pupil from inflicting harm on himself or herself.
(g)
Using reasonable and necessary force to protect the safety of others.
(h)
Using incidental, minor or reasonable physical contact designed to maintain order and control.
(4)
Each school board shall adopt a policy that allows any official, employee or agent of the school board to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an official, employee or agent of a school board.
(5)
Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or their officials, employees or agents for damages arising out of claims involving allegations of improper or unnecessary use of force by school employees against students.
(6)
Nothing in this section shall prohibit, permit or otherwise affect any action taken by an official, employee or agent of a school board with regard to a person who is not a pupil enrolled in the school district.
(7)
Nothing in this section abrogates or restricts any statutory or common law defense to prosecution for any crime.
History:  1987 a. 303; 1989 a. 26; 1991 a. 164; 1993 a. 334; 1997 a. 164; 1999 a. 127.
NOTE:  1987 Wis. Act 303, which created this section, has “Legislative findings and purpose" in section 1.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.32 - Strip search by school employee.

118.32
Strip search by school employee.
Any official, employee or agent of any school or school district is prohibited under s. 948.50 from conducting a strip search of any pupil.
History:  1983 a. 489; 1987 a. 332 s. 64.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.325 - Locker searches.

118.325
Locker searches.
An official, employee or agent of a school or school district may search a pupil's locker as determined necessary or appropriate without the consent of the pupil, without notifying the pupil and without obtaining a search warrant if the school board has adopted a written policy specifying that the school board retains ownership and possessory control of all pupil lockers and designating the positions of the officials, employees or agents who may conduct searches, and has distributed a copy of the policy to pupils enrolled in the school district.
History:  1997 a. 329.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.34 - Technical preparation programs.

118.34
Technical preparation programs.
(1)
In cooperation with a technical college district board, each school board shall establish a technical preparation program in each public high school located in the school district. The program shall consist of a sequence of courses, approved by the technical college system board under s. 38.04 (26), designed to allow high school pupils to gain advanced standing in the technical college district's associate degree program upon graduation from high school.
(2)
(a)
The technical college district director shall appoint a technical preparation council to coordinate the establishment of the technical preparation programs. The council shall consist of 12 members.
(b)
The technical college district board and the school boards of school districts that operate high schools located in the technical college district shall establish a consortium to implement the technical preparation programs.
(3)
The department and the technical college system board shall provide technical assistance to school boards to develop technical preparation programs in each high school. Annually, the school board shall evaluate its program and report the results to the state superintendent and the technical college system board.
History:  1991 a. 39; 1993 a. 16, 399, 491; 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 a. 9; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 118 - General school operations. › 118.35 - Programs for gifted and talented pupils.

118.35
Programs for gifted and talented pupils.
(1)
In this section, “gifted and talented pupils" means pupils enrolled in public schools who give evidence of high performance capability in intellectual, creative, artistic, leadership or specific academic areas and who need services or activities not ordinarily provided in a regular school program in order to fully develop such capabilities.
(2)
The state superintendent shall by rule establish guidelines for the identification of gifted and talented pupils.
(3)
Each school board shall ensure that all gifted and talented pupils enrolled in the school district have access to a program for gifted and talented pupils.
(4)
From the appropriation under s. 20.255 (2) (fy), the department shall award grants to nonprofit organizations, cooperative educational service agencies, institutions within the University of Wisconsin System, and school districts for the purpose of providing to gifted and talented pupils those services and activities not ordinarily provided in a regular school program that allow such pupils to fully develop their capabilities.
History:  1985 a. 29; 1995 a. 27 s. 9145 (1); 1997 a. 27, 240; 2005 a. 25; 2007 a. 20; 2011 a. 32; 2017 a. 59.