Governor Evers signed 11 bills that would impact school districts into law this week. These bills range in topic from raising safety standards, broadening a tech-ed grant program, educator licensing, changes to certain aspects of Act 20 training and screener requirements, and numerous stocking medication bills. He also issued a veto on SB 549, which would have required schools to admit certain federally charted youth organizations once a year for recruiting purposes. Read below to view the actions taken by the governor this week.
Signed
Senate Bill 990, now 2023 Wisconsin Act 192: Mandatory Literacy Trainings
- Expands who may offer literacy professional development as required by 2023 Wisconsin Act 20 to include cooperative educational service agencies (CESA); and
- Specifies that the criteria for CESA-provided professional development training to satisfy the Act 20 professional training requirements must have been provided by CESA 6, 8, or 9 after May 1, 2021, or before July 1, 2024, and must be on science-based early reading instruction.
- Makes the first of the three required literacy screenings (required under Act 20), optional in the 2024-25 school year.
Senate Bill 447, now 2023 Wisconsin Act 193: Glucagon Therapies in Schools
- Allows undesignated glucagon, used to treat individuals with known Type 1 diabetes, to be prescribed by a physician, advanced nurse prescriber, or physician assistant to a school district or public school, independent charter school, private school, or Tribal school in the name of the school rather than a specific pupil;
- Enables the governing body of a school to authorize certain school personnel to administer the glucagon rescue therapy to a pupil on school premises or at a school-sponsored activity if the pupil’s prescribed glucagon is not available on-site or has expired;
- Specifies that school personnel must report administration of undesignated glucagon as soon as practicable by calling “911” or the number of an emergency medical provider if “911” is unavailable. School personnel must notify the school nurse; the parent, guardian, or emergency contact of the pupil; and the pupil’s health provider if known; and
- Grants civil liability immunity to a school and its school personnel, a physician, an advanced practice nurse prescriber, or a physician assistant who provides a prescription or standing order for undesignated glucagon for injuries that occur as a result of administration of undesignated glucagon, unless the injury is the result of gross negligence or willful or wanton misconduct.
Assembly Bill 223, now 2023 Wisconsin Act 194: Opioid Antagonists in Schools
- Provides civil immunity for schools and school personnel for administering an opioid antagonist in a school setting; and
- Specifies that this civil immunity exists regardless of whether a student’s parent, guardian, or medical provider gave authorization. However, this civil immunity would not apply if an injury is the result of gross negligence or willful or wanton misconduct of the administering entity or person.
Assembly Bill 914, now 2023 Wisconsin Act 195: Bronchodilator’s in Schools
- Allows schools to adopt a plan for management of pupils who have asthma to administer a short-acting bronchodilator to a pupil; and
- Allows a prescription for a short-acting bronchodilator to be issued in the name of a school and grants immunity from civil liability to designated personnel.
Assembly Bill 251, now 2023 Wisconsin Act 196: Tier-1 Licensing for Marriage and Family Therapists
- Modifies Wisconsin Department of Public Instruction (DPI) administrative rules to allow the state superintendent to issue a new type of two-year Tier I renewable license for a clinically trained marriage and family therapist; and
- States that this license would not allow the individual to work as a school social worker or school counselor, who are separately licensed.
Senate Bill 742, now 2023 Wisconsin Act 197: Alternative Teacher Certification Programs
- Removes the requirement that an alternative teacher certification program be operated by a nonstock, nonprofit organization for purposes of an initial license to teach.
Senate Bill 111, now 2023 Wisconsin Act 198: Strip Search Definition
- Redefines the terms “strip search” and “private area” to include undergarments to further protect students from any official, employee, or agent of any school or school district conducting strip searches.
Senate Bill 303, now 2023 Wisconsin Act 199: Critical Mapping Data Definition
- Replace the term “critical incident mapping data” with “interactive critical mapping data” for the purposes of school safety plans and the Critical Incident Mapping Data Grant Program; and
- Defines “interactive critical mapping data” as “interactive representations of a specific location that are verifiable, digital, shareable, and shown in real-time.”
Senate Bill 333, now 2023 Wisconsin Act 200: Sexual Misconduct
- Makes it a Class I felony for any school staff member or volunteer to commit an act of sexual misconduct against a pupil enrolled in the school;
- Adds more violations to the offenses where the state superintendent must revoke a license issued by them without a hearing;
- Prohibits a licensee from ever having their license reinstated by the state superintendent if they are convicted of:
- A crime against a child that is a Class H felony or higher;
- A conviction for felony invasion of privacy or sexual misconduct by a school staff person or volunteer (which would be created by the bill); and
- Any of these violations under another federal law or the laws of another state.
- Provides that if an agency receives a report from a mandatory reporter of conduct that constitutes a violation of sexual misconduct by a school staff person or volunteer, then the agency must notify DPI of the allegation, including the person’s name and the name of the district or school where they work or volunteer; and
- Requires law enforcement to notify DPI if it receives a report of an alleged violation of sexual misconduct by a school staff person or volunteer.
Senate Bill 313, now 2023 Wisconsin Act 154: Failing to Stop for a School Bus
- Increases the minimum fine issued to a driver for failing to stop for a school bus with flashing red lights activated from $30 to $500 and increases the maximum fine for such a violation from $300 to $1,000; and
- Codifies in statute the penalty of four demerit points against a person’s driving record for failing to stop for a school bus that is currently specified in the Wisconsin Department of Transportation’s (WisDOT) administrative rules.
Assembly Bill 550, now 2023 Wisconsin Act 165: Tech Ed Grants
- Broadens eligibility for DWD technical education equipment grants;
- Specifies that consortia of multiple school districts may apply for a grant;
- Expands the uses of grants to include the enhancement or improvement of a technical education facility, and for equipment and related supplies for education in the construction sector;
- Targets at least one-third of the available funding for grants to rural school districts;
- Increases the maximum grant award to $100,000; and
- Modifies the match requirements for a grant.
Vetoed
Senate Bill 549: Relating to requiring schools to provide one recruiting day for members of certain federally charted youth organizations.
- Gov. Evers indicated in his veto message, that he took this action to preserve local authority and in order to protect schools from potential litigation. There are questions as to how this law interacts with the federal 1984 Equal Access Act.
