In July, Kirk Strang presented at the WASDA Summer Legal Seminar on the topic of school district governance.
For those of you who weren’t able to attend the WASDA Conference, or if you’re looking for a refresher on what was covered, we’re sharing the details of Kirk’s presentation in this eight-part series.
Before we jump into Part 1, here’s an overview of the entire series …
School District Governance:
- Part 1: New Laws Enacted
- Part 2: New Laws Proposed
- Part 3: Developments in Federal & Constitutional Law
- Part 4: Annual Meeting (School Board)
- Part 5: Employee Handbooks
- Part 6: Student Handbooks/Codes of Conduct
- Part 7: Vendor Contracts — Legal Capacity to Contract
- Part 8: Vendor Contract Clauses — Specifics to Examine & More
Let’s get started with Part 1 of the series …
ENACTED WISCONSIN LEGISLATION
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2023 Wisconsin Act 26.
Beginning in the 2023-24 school year, a school board member may serve as a volunteer school bus driver, if all of the following apply:
- The school board member has received authorization to operate a school bus from the department of transportation;
- The school board member holds a valid commercial driver’s license;
- The school board member does not receive compensation for serving as a volunteer school bus driver; and
- The school board member abstains from any issue before the board that concerns school bus drivers.
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2023 Wisconsin Act 193.
This act enables public, charter, private, or tribal schools to obtain a prescription of undesignated glucagon from a physician and to maintain that glucagon in a secure, yet immediately accessible, location. With proper prior authorization, school personnel may administer the glucagon to a pupil on school premises or at a school-sponsored activity if the pupil’s prescribed glucagon is not available or has expired. School personnel are immune from civil liability related to any resulting injury to the pupil, unless the pupil’s injury is the result of gross negligence or willful or wanton misconduct.
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2023 Wisconsin Act 194.
This act provides elementary or secondary schools and designated personnel immunity for any injury that results from administering an opioid antagonist, provided that the injury is not the result of gross negligence or willful or wanton misconduct.
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2023 Wisconsin Act 195.
Under this act, a governing body of a school may adopt a plan for the management of enrolled pupils who have asthma. The plan must include the training necessary for designated personnel to provide or administer a short-acting bronchodilator in accordance with a pupil’s medical needs. Schools may not adopt a plan under this act unless the plan has been approved by a physician. Further, the adopted plan must be made available on the governing body’s website or the website of each school under its jurisdiction.
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2023 Wisconsin Act 200.
This act creates a new crime prohibiting an act of sexual misconduct against a pupil: any school staff member or volunteer who commits an act of sexual misconduct against a student enrolled in the school is guilty of a Class I felony. The age of the student is irrelevant; the felony charge stands whether or not the student is a minor. Further, if convicted and if the staff member is licensed, the staff member’s license will be automatically and permanently revoked.
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2023 Wisconsin Act 266.
Under current law, school boards are required to provide an instructional program designed to give students an understanding of human relations, particularly with regard to American Indians, Black Americans, and Hispanics. This act adds Hmong Americans and Asian Americans to this list.
This concludes Part 1 of this series. In Part 2, our focus shifts to school district governance & Wisconsin laws proposed.
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