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State and Federal Laws Related to the DPI's Student Services / Prevention and Wellness Team Programs

Table of Contents

AIDS/HIV/STI and Pregnancy Prevention

Statute Reference Description
48.981(2m) Abused or neglected children and abused unborn children. Exception to reporting requirement.
103.15 Restrictions on use of a test for HIV. (employee)
118.019 Human growth and development instruction.
252.15 Restrictions on use of a test for HIV.
450.16 Sale of contraceptives prohibited in certain area.


AODA and Mental Health

Statute Reference Description
51.01 Definitions.
51.13 Admission of minors.
51.14 Review of outpatient mental health treatment of minors aged 14 or older.
51.30 Records.
51.45 (2m) Prevention and control of alcoholism. Applicability to minors.
51.47 AODA treatment for minors without parental consent.
51.48 Alcohol and other drug testing, assessment, and treatment of minor without minor's consent.
101.123 Smoking prohibited.
115.28(39) AODA report.
115.35 Health problems education program.
115.36 Assistance for AODA programs.
118.01(2)(d)2.c. AODA instruction.
118.126 Privileged communications. (disclosures of AOD use)
118.24(2)(f) School district administrator. (cooperation with 51.42 Board)
118.257 Liability for referral to police.
118.45 Tests for alcohol use.
120.12(20) Prohibition of tobacco.
120.13 School Board Powers.
125.02 Definitions. (alcohol sales, legal drinking age)
125.035 Civil liability exemption; furnishing alcohol beverages.
125.037 Civil liability exemption for municipalities.
125.07 Underage and intoxicated person; presence on licensed premises; possession, penalties.
125.075 Injury or death by providing alcohol beverages to a minor.
125.085 Proof of age.
125.09(2) Possession of alcohol beverages on school grounds prohibited.
125.10(2) Municipal regulation. Regulation of underage persons.
125.68(3) General restrictions and requirements. Restrictions on location.
134.66 Restrictions on sale or gift of cigarettes or tobacco products.
254.92 Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.
255.10 Thomas T. Melvin youth tobacco prevention and education program.
255.15 Statewide tobacco use control program.
346.63 Operating under the influence of intoxicant or other drug.
346.93 Intoxicants in vehicle; underage persons.
Ch. 961 Controlled Substances
PI 38 AODA Grants.


Attendance, Truancy, & Children at Risk

Statute Reference Description
115.54 Compulsory education. (hearing impaired or visually impaired students)
118.14 Age of pupils; phase in of 4-year-old Kindergarten.
118.145 Admission to high school.
118.15 Compulsory school attendance.
118.15(1)(b) Compulsory school attendance. (technical college alternative)
118.15(1)(d) Compulsory school attendance. (request for program modifications)
118.15(3) Compulsory school attendance. (excused absences)
118.15(4m) Compulsory school attendance. (pregnant students)
118.153 Children at risk of not graduating from high school.
118.153(5)(a)1. Children at risk of not graduating from high school. (definition of alternative school)
118.16 School attendance enforcement.
118.16(1)(b),
and
118.16 (2m)(a)5.		 School attendance enforcement. (school attendance officer)
118.16(1)(c) School attendance enforcement. (definition of truancy)
118.16(2m) School attendance enforcement. (truants into custody)
118.16(4)(b) School attendance enforcement. (denial of academic credit)
118.16(4)(c) School attendance enforcement. (detention for truancy)
118.16(6) School attendance enforcement. (teen court)
118.162 Truancy committee and plan.
118.163 Municipal truancy and school dropout ordinances.
118.18 Teacher reports. (daily attendance)
118.33(1)(b) High school graduation standards; criteria for promotion. (excusing class attendance one period each day)
118.55 Attendance at technical college.
119.55 Youth service centers, truancy abatement and burglary suppression.
120.12(25) School board powers. (early admission to Kindergarten and first grade)
121.02(1)(L)3. School district standards. (access to educational programs defined)
121.84(1)(a)1. Tuition waiver; special cases. (continuation of attendance for non-resident students)
938.17(2) Civil law and ordinance violations. (truancy)
938.19 Taking a juvenile into custody.
948.45 Contributing to truancy.


Child Abuse and Neglect

Statute Reference Description
48.02 Definitions.
48.78 Confidentiality of records. (child welfare)
48.981(1) Abused or neglected children and abused unborn children. Definitions.
48.981(2) Abused or neglected children and abused unborn children. Persons required to report.
48.981(2m) Abused or neglected children and abused unborn children. Exception to reporting requirement; Health care services.
48.981(3) Abused or neglected children and abused unborn children. Reports; investigation.
48.981(4) Abused or neglected children and abused unborn children. Immunity from liability.
115.368 Assistance to schools for protective behaviors programs.
118.01(2)(d)8. Protective behaviors instruction.
118.31 Corporal punishment.
891.44 Presumption of lack of contributory negligence for infant minor.
940.225 Sexual Assault.
948.02 Sexual assault of a child.
948.025 Engaging in repeated acts of sexual assault of the same child.
948.03 Physical abuse of a child.
948.04 Causing mental harm to a child.
948.05 Sexual exploitation of a child.
948.055 Causing a child to view or listen to sexual activity.
948.06 Incest with a child.
948.07 Child enticement.
948.075 Use of a computer to facilitate a child sex crime.
948.08 Soliciting a child for prostitution.
948.085 Sexual assault of a child placed in substitute care.
948.09 Sexual intercourse with a child age 16 or older.
948.095 Sexual assault of a student by a school staff person or a person who works with or volunteers with children.
948.10 Exposing genitals or pubic area.
948.11 Exposing a child to harmful material or harmful descriptions or narrations.
948.12 Possession of child pornography.
948.13 Child sex offender working with children.
948.14 Registered sex offender and photographing minors.
948.20 Abandonment of a child.
948.21 Neglecting a child.


Confidentiality, Pupil Records and Privacy

Statute Reference Description
48.78 Confidentiality of records. (child welfare)
48.981(2m) Exception to reporting requirement; Health care services. (sexual abuse)
51.30 Records. (AODA & mental health)
118.125 Pupil records.
118.126 Privileged communications. (self disclosures of AOD use)
118.127 Law enforcement agency information.
118.24(2)(f) School district administrator. (cooperation with county)
118.32 Strip search by school employee.
118.325 Locker searches.
118.45 Tests for alcohol use.
146.81 Health care records; definitions.
146.82 Confidentiality of patient health care records.
146.83 Access to patient health care records.
146.84 Violations related to patient health care records.
885.01 Subpoenas, who may issue.
885.205 Privileged communications. (testimony by school psychologist in family court)
938.396 Law enforcement records.
938.396(1)(d) Law enforcement access to school records.
938.396(2g)(m) Notification of juvenile's school.
938.51(1) Release from secured facility or supervision.
948.50 Strip search by school employee.
995.50 Right of privacy.
Title 34-Education 99.1-99.67 Federal Education Rights Privacy Act (FERPA) Regulations


Discipline, Suspension, and Expulsion

Statute Reference Description
118.164 Removal of pupils from class.
118.18 Teacher reports. (daily attendance)
118.33(1)(b) High school graduation standards; criteria for promotion. (excusing class attendance one period each day)
118.55 Attendance at technical college.
119.25 Expulsion of pupils. (Milwaukee)
120.13(1) School government rules; suspension; expulsion.
120.13(1)(a) School government rules; suspension; expulsion. (code of conduct, dress code)
120.13(1)(b)2m School government rules; suspension; expulsion. (threats)
120.13(1)(h) School government rules; suspension; expulsion. (early reinstatement of expelled pupil)
938.19 Taking a juvenile into custody.
947.01 Disorderly conduct.


General/Miscellaneous

Statute Reference Description
115.29(4) High school graduation equivalency.
115.38 School performance report; educational program review.
115.807 Transfer of parental rights at age of majority. (special education students)
118.035 School uniforms.
118.13 Pupil discrimination prohibited.
118.14 Age of pupils.
118.17 Indigent children.
118.175 Pupils without parents or guardians; report required.
118.15(1)(d)5. Compulsory school attendance. (homebound instruction)
118.258 Electronic communication devices prohibited.
118.33 High school graduation standards.
118.33(1)(c) High school graduation standards. (community service)
118.38 Waiver of laws and rules.
118.40 Charter schools.
118.55 Youth options program.
119.18(5) Textbooks for indigent pupils. (Milwaukee)
120.12(11) Indigent children.
120.125 Before- and after-school day care.
121.02 School district standards.
121.77 Admission of nonresident pupils.
767.385 Maintenance, legal custody, and support when divorce or separation denied.
990.01(20) Construction of laws; words and phrases. (definition of minor)
PI 8.01(2)(e) Guidance and counseling services.
PI 34.004 Pupil services standards.
PI 41 Accommodation of Religious Beliefs


Instruction

Statute Reference Description
38.04(4)(e) Technical college system board; powers and duties. (drivers education)
115.28(11) Driver education courses.
115.35 Health problems education.
115.355 Assistance to schools for instruction on adoption.
118.01(2)(d)2.a. Educational goals and expectations. (physical education)
118.01(2)(d)2.c. Educational goals and expectations. (AODA instruction)
118.01(2)(d)(7) Educational goals and expectations. (suicide prevention instruction)
118.01(2)(d)(8) Educational goals and expectations. (protective behaviors instruction)
118.019 Human growth and development instruction.
118.15(1)(d)5. Compulsory school attendance. (homebound study)
118.33(1)(a)1. High school graduation standards; criteria for promotion. (physical education requirement)
118.33(1)(a)2. High school graduation standards; criteria for promotion. (health education requirement)
120.13(13) PreKindergarten classes.
121.02(1)(L) School district standards. (physical education)
121.02(1)(L) School district standards. (Shaken Baby Syndrome)
121.41 Driver education programs.
343.06 Persons not to be licensed. (drivers education)
343.07 Instruction permits. (drivers education)
343.085 Probationary licenses to new drivers.
343.16(1) Required testing of knowledge and driving skills.
PI 8.01 (2)(j)1 Health, physical education, art, and music. (health education)
PI 8.01 (2)(j)2 Health, physical education, art, and music. (physical education)


Liability

Statute Reference Description
48.981(4) Abused or neglected children and abused unborn children. Immunity from liability.
118.257 Liability for referral to police.
118.295 Suicide intervention; civil liability exemption.
118.31 Corporal punishment.
125.035 Civil liability exemption: furnishing alcoholic beverages.
125.037 Civil liability exemption for municipalities.
146.84 Violations related to patient health care records.
895.035 Parental liability for acts of minor child.
895.045 Contributory negligence.
895.48 Civil liability exemption; emergency medical care.
895.525 Participation in recreational activities; restrictions on civil liability, assumption of risk.


Safety and Violence

Statute Reference Description
29.301 General restrictions on hunting. (hunting prohibited near schools)
115.365 Assistance to schools for suicide prevention programs.
115.368 Assistance to schools for protective behaviors programs.
118.01(2)(d)7 Suicide prevention instruction.
118.01(2)(d)8 Protective behaviors instruction.
118.07 Health and safety requirements.
118.08 School zones; crossings.
118.09 Safety zones. (traffic)
118.105 Control of traffic on school premises.
118.12 Sale of goods and services at schools.
118.164 Removal of pupils from class.
118.295 Suicide intervention; civil liability exemption.
118.31 Corporal punishment.
120.13(1)(a) School government rules, conduct code.
120.13(1)(b), (c) School government rules, conduct code. (bomb threats)
813.125 Harassment restraining orders and injunctions.
938.02(3m) Definitions. (delinquent)
938.12 Jurisdiction over juveniles alleged to be delinquent.
938.34(5) Restitution. (juvenile)
938.396(1)(d) Law enforcement access to school records.
938.396(2g)(m) Notification of juvenile's school.
940.20(5) Battery to a technical college district or school district officers or employees.
941.235 Carrying firearm in public building.
947.013 Harassment.
948.13 Child sex offender working with children.
948.40 Contributing to the delinquency of a child.
948.51 Hazing.
948.60 Possession of a dangerous weapon by a person under 18.
948.605 Gun-free school zones.
948.61 Dangerous weapons other than firearms on schools premises.
Ch. 940 Crimes Against Life and Bodily Security.
Ch. 948 Crimes Against Children.
PI 8.01(2)(i) Safe and healthful facilities.


School-Age Parents

Statute Reference Description
48.375 Parental consent required prior to abortion; judicial waiver procedure.
54.46(6) Emancipation of married minors.
115.355 Assistance to schools for instruction on adoption.
115.91 Definition.
115.915 Availability of program services and modifications.
115.92 Establishment of programs; rules.
115.92(1) Establishment of programs; rules. (adoption instruction)
115.93 State aid.
118.15(4m) Compulsory school attendance.
809.105 Appeals in proceedings related to parental consent prior to performance of abortion.
891.39 Presumption as to whether a child is marital or non-marital; self-crimination; birth certificates.
891.405 Presumption of paternity based on acknowledgment.
891.41 Presumption of paternity based on marriage of the parties.
PI 19 School age parents.


School Health Services

Statute Reference Description
101.055 Public employee safety and health.
115.001(11) School nurse. (definition)
115.28(7m) Certification of school nurses.
115.35 Health problems education.
115.76 Definitions. (special education)
115.76(14) Related services. (special education)
115.88 State aid. (special education categorical aid)
118.07 Health and safety requirements.
118.07(3) Health and safety requirements. (meningococcal disease information)
118.076 Lifesaving skills instruction
118.125 Pupil records.
118.126 Privileged communication. (self-disclosure of AOD use)
118.135 Eye examinations and evaluations.
118.24(2)(f) School district administrator. (referrals for AOD problems)
118.25 Health examinations. (requirements for public school employees)
118.255 Health treatment services for children with special physical or mental health treatment needs.
118.29 Administration of drugs to pupils and emergency care.
118.291 Asthmatic pupils; possession and use of inhalers.
118.292 Epinephrine Law.
118.2925 Life threatening allergies.
118.293 Concussion Law.
120.12(16) Immunization of children.
120.13(11) Nurses and dentists. (regulations for employment in schools by county population)
121.02(l)(g) School district standards. Provide for emergency nursing.
121.02(1)(i) School district standards. Provide for safe and healthful facilities.
146.81-84 Patient health care records.
146.89 Volunteer health care provider program.
250.06 Public health nurses.
252.04 Immunization program.
252.21 Communicable diseases; schools; duties of teachers, parents, officers.
450.09 Pharmacy practice.
895.48 Civil liability exception; emergency medical care.
905.04 Physician-patient, registered nurse-patient, chiropractor-patient, psychologist-patient, social worker-patient, marriage and family therapist-patient and professional counselor-patient privilege.
Ch. 441 Board of Nursing. (Nurse Practice Act)
Ch. 448 Medical practices. (Medical Practice Act)
Ch. 940 Crimes Against Life and Bodily Security.
Ch. 948 Crimes Against Children.
DHS 90.06 Early intervention services for children from birth to age 3 with developmental needs.
DHS 139 Qualifications of public health professionals employed by local public health agencies.
DHS 144 Immunization of students.
DHS 145 Control of communicable diseases.
DHS 146 Vaccine – Preventable Diseases.
Ch. N6 Standards of Practice for Registered Nurses and Licensed Practical Nurses.
Ch. N7 Board of Nursing Rules of Conduct.
Ch. SPS 332.15 OSHA Reference of Safety.
29 CFR 1910.1030 Bloodborne Pathogen Standards.
42 USC, 12112 340-396 1910.1030 Americans With Disabilities Act (ADA).
Title 34-Education 99.1-67 Family Educational Rights and Privacy Act (FERPA) Regulations.


Special Education

Statute Reference Description
115.758 Construction.
115.76 Definitions.
115.77 Local education agency duties.
115.777 Special education referrals.
115.78 Individualized education program team; timeline.
115.782 Evaluations.
115.787 Individualized education programs.
115.79 Educational placements.
115.791 Reimbursement for private school placement.
115.792 Procedural safeguards.
115.797 Mediation.
115.80 Due process hearings.
115.807 Transfer of parental rights at age of majority.
115.81 Children in residential care centers.
115.812 Placement disputes; school board referrals; interagency cooperation.
115.82 Admission and transportation of nonresidents.
115.88 State aid.
115.881 Additional special education aid.
115.897 Exhaustion of remedies.
120.12(19) Integrated service program.
PI 11 Children with disabilities.
Title 34 Chapter III Part 300.1 – 756 Individuals with Disabilities Education Improvement Act (IDEA) Regulations
29 USC 794 Section 504 of the Rehabilitation Act of 1973.