New Wisconsin Laws Enacted & Proposed

This past July, Kirk Strang presented his School Law Update at the WASDA Summer Legal Seminar.

This was an in-depth presentation that focused on the following topics:

1. New Wisconsin Laws Enacted & Proposed
2. New Federal Laws Proposed
3. Developments in Federal Constitutional Law
4. Open Meetings & Public Records Laws
5. Wisconsin Decisions
6. Artificial Intelligence (AI) in Schools

If you were unable to attend the presentation — that’s OK! We’re rolling out all of the information Kirk presented here on our blog in a six part series (following the topics mentioned in the list above).

We’ll begin our recap with new Wisconsin laws enacted and proposed, which covers the following Wisconsin legislation:

• ENACTED
  1. 2023 Wisconsin Act 11
  2. 2023 Wisconsin Act 12
• PROPOSED
  1. 2023 Assembly Bill 233 / Senate Bill 210
  2. 2023 Assembly Bill 321 / Senate Bill 329
  3. 2023 Assembly Bill 15 / Senate Bill 10
  4. 2023 Assembly Bill 80 / Senate Bill 62
  5. 2023 Assembly Bill 109 / Senate Bill 115
  6. 2023 Assembly Bill 138 / Senate Bill 215
  7. 2023 Assembly Bill 209 / Senate Bill 198
  8. 2023 Assembly Bill 210 / Senate Bill 199
  9. 2023 Assembly Bill 250 / Senate Bill 256
  10. 2023 Assembly Bill 342 / Senate Bill 335

ENACTED WISCONSIN LEGISLATION

1. 2023 Wisconsin Act 11.

   Beginning in the 2023-24 school year, the revenue ceiling is increased to $11,000. If a school district’s base revenue per pupil is less than the revenue ceiling, the school district is permitted to increase its “per pupil revenues” up to that amount.

2. 2023 Wisconsin Act 12.

   Beginning in the 2024-25 school year, public high schools must collect statistics of the following occurrences:

   • Homicide; Sexual assault; Burglary, robbery, or theft; Battery, substantial battery, or aggravated battery; and Arson.
   • Use or possession of alcohol, a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
   • Possession of a firearm in violation of s. 948.605 (2).

   • A violation of a municipal ordinance relating to disorderly conduct.

     The requirement applies if the incident occurs (1) during school hours, (2) during a school-sanctioned event, or (3) during transportation to or from school and occurs on district property or transportation provided by the school.

     A public high school must annually report these statistics to the school board, which shall in turn report the statistics to the Department of Public Instruction (DPI) by July 31.

PROPOSED WISCONSIN LEGISLATION

1. 2023 Assembly Bill 233 / Senate Bill 210.

   This proposed bill would allow a school board member to serve as a volunteer bus driver if the following requirements are met:

   • The school board member has received authorization to operate a school bus, as defined in s. 121.51 (4), from the department of transportation in the form of a school bus endorsement under s. 343.12.
   • The school board member holds a valid commercial driver license, as defined in s. 340.01 (7m).
   • The school board member does not receive compensation for serving as a volunteer school bus driver.
   • The school board member agrees to abstain from voting on any issue that comes before the school board that substantially and directly concerns school bus drivers.

2. 2023 Assembly Bill 321 / Senate Bill 329.

   This proposed bill would create an Office of Literacy and Council on Early Literacy Curricula within the Department of Public Instruction (DPI).

   This bill would also impose reading curriculum requirements on public schools. Beginning in 2024, if a school adopts a new literacy curriculum, it must choose a curriculum recommended by the Council on Early Literacy Curricula. 

   DPI must provide schools with 50 percent reimbursement for eligible costs to purchase the recommended curriculum and instructional materials.

3. 2023 Assembly Bill 15 / Senate Bill 10.

   This proposed bill would require a school board to take steps to prevent pupils’ access to “harmful material” on the Internet by doing at least one of the following:

   • Equipping each computer to which a pupil or minor has access with software that will limit the pupil's or minor's ability to gain access to harmful material.
   • Purchasing Internet connectivity for each computer to which a pupil or minor has access from an Internet service provider that provides filter services to limit access to harmful material.

   • Developing and implementing by January 1, 2024, a policy that establishes measures to restrict pupils and minors from gaining computer access to harmful material.

     In addition, the bill would require a school board to provide the parent/guardian of a pupil with an outline of any curriculum or instructional materials that contain offensive material. The full curriculum and instructional materials must be made available for the parent/guardian to inspect upon request. 

     A parent/guardian would be permitted to file a written request that the pupil be exempt from instruction that contains offensive material.

• 2023 Assembly Bill 80 / Senate Bill 62.

  This proposed bill would revise the amount of equalization aid paid by the Department of Public Instruction to school districts each school year. 

  The bill would increase the percentage of equalization aid distributed in September by 2 points and decrease the percentage distributed in June by 2 points until the 2027-28 school year, at which time the amount of equalization aid distributed in both September and June will be 25 percent.

• 2023 Assembly Bill 109 / Senate Bill 115.

  This proposed bill would require graduating students to earn at least one-half credit of personal financial literacy that includes financial mindset, education and employment, money management, saving and investing, credit and debt, and risk management and insurance. 

  This act would first apply to pupils graduating from high school in 2028.

• 2023 Assembly Bill 138 / Senate Bill 215.

  This proposed bill would require the Department of Public Instruction to immediately post a declaration of equivalency of high school graduation (HSED) or general educational development certificate (GED) to DPI’s website — in a manner that maintains the pupil’s confidentiality — once determining that the pupil is eligible and he/she has paid any required fee.

• 2023 Assembly Bill 209 / Senate Bill 198.

  This proposed bill would require the State Superintendent to incorporate American Indian studies into the model academic standards. The standards shall ensure that pupils are expected to know, at a minimum, the following information: 

  • Significant events related to the federally recognized American Indian tribes and bands located in this state.
  • Tribal sovereignty of the federally recognized American Indian tribes and bands located in this state.
  • The culture of the federally recognized American Indian tribes and bands located in this state.

• 2023 Assembly Bill 210 / Senate Bill 199.

  This proposed bill would provide that a school board may not prohibit a pupil from wearing traditional tribal regalia at a graduation ceremony or school-sponsored event if that pupil is a member of, a descendent of a member of, or eligible to be enrolled in, a federally recognized American Indian tribe or band.

• 2023 Assembly Bill 250 / Senate Bill 256.

  This proposed bill would permit a school employee, who has a license to carry a firearm, to possess a firearm on school grounds. The school board or governing entity must have adopted a policy that allows employees who are licensees to possess a firearm.

• 2023 Assembly Bill 342 / Senate Bill 335.

  This proposed bill would permit a school board to employ a District Administrator who is not licensed by the Department of Public Instruction (DPI).

This brings us to the end of Part 1 of our series. Next up, we’ll be reviewing new proposed federal legislation.