SB 95

This bill makes a number of changes to the laws governing public education.

Pupil expulsion

Under current law, a school board may expel a pupil only if the pupil engaged

in certain prohibited conduct while at school or while under the supervision of a

school authority. Generally, the prohibited conduct is conduct that endangers the

property, health, or safety of others or interferes with the ability of school authorities

to maintain order or an educational atmosphere at school. Prior to expelling a pupil,

the school board must follow certain procedures. These procedures include holding

an expulsion hearing and providing the pupil and, if the pupil is a minor, his or her

parent, with written and timely notice of the hearing.

Also under current law, a school board may refuse to enroll a pupil during the

term of the pupil's expulsion from another school district. In an opinion issued on

April 10, 2008, the Wisconsin attorney general determined that current law does not

permit a school district to refuse to enroll a pupil who is currently expelled from a

private school or an out-of-state school.

Current law permits the University of Wisconsin (UW)-Milwaukee,

UW-Parkside, the Milwaukee Area Technical College, and the city of Milwaukee to

operate charter schools (independent charter schools) directly or to contract for the

operation of charter schools. Generally, charter schools operate with fewer

constraints than traditional public schools. Current law does not explicitly authorize

an independent charter school to expel a pupil.

This bill permits an independent charter school to include in its charter or

contract grounds for expelling a pupil provided the grounds duplicate the grounds

provided under current law to school boards. If a charter or contract of an

independent charter school includes grounds for expelling a pupil, the charter or

contract must also include the same procedural requirements established for the

expulsion of a pupil by a school board under current law.

This bill authorizes a school board to refuse to enroll a pupil during the term

of the pupil's expulsion from a public school in another state if the grounds for the

pupil's expulsion would have been grounds for expulsion in this state. This bill also

permits a school board to refuse to enroll a pupil during the term of the pupil's

expulsion from an independent charter school if the charter or contract of the

independent charter school contains the grounds for expulsion and procedural

requirements identified above.

Under current law, a school board may include early reinstatement conditions

in an expulsion order issued for a pupil. Current law defines "early reinstatement

condition" as a condition that a pupil must meet before he or she may be granted early

reinstatement or a condition that a pupil must meet after his or her early

reinstatement but before the expiration of the term of expulsion specified in the

pupil's expulsion order. Early reinstatement conditions must relate to the reasons