SB 821

Notice of teacher rights and protections

This bill creates and modifies certain rights and protections for teachers and

requires the Department of Public Instruction to include on its Internet site a

summary of the laws governing these rights and protections, which include the

following:

1. The right of a teacher to remove a pupil from a classroom under certain

circumstances for the remainder of the school day.

2. The right of a teacher to utilize a grievance procedure to address workplace

safety concerns.

3. The right of a teacher to use reasonable and necessary force under certain

circumstances.

4. The right of a school district employee or teacher to receive assistance and

leave benefits if the teacher is injured as a result of a physical assault or violent crime

while performing work duties.

5. The right of a teacher to terminate his or her contract without penalty if the

teacher is a victim of a physical assault or violent crime while performing work

duties.

6. Civil immunity provided to a teacher under state and federal laws for certain

discretionary acts.

7. The right of a teacher to review, upon request, the behavioral records of a

pupil enrolled in the teacher's class when the teacher has a legitimate educational

interest, including a safety interest, in doing so.

Records and reporting

The bill requires each school board and independent charter school to maintain

pupil behavioral records until the pupil has graduated from high school. If the pupil

is no longer enrolled in a school in the school district and if the school district has not

received a request to transfer the pupil's records to another school, the school district

must retain the records until the pupil attains the age of 21. Current law prohibits

a school board from maintaining such records for more than one year.

The bill also requires private schools participating in the Milwaukee, Racine,

or statewide parental choice program to maintain behavioral records for each pupil

while the pupil attends the private school for the same period of time as is required

of public schools. Current law requires such private schools to maintain a pupil's

progress records while the pupil attends the private school and for at least five years

after the pupil ceases to attend the school. The bill requires a private school that is

not participating in a parental choice program to maintain pupil behavioral records

only if the private school has adopted a policy governing the maintenance of pupil

progress records and, with one exception, for the same length of time the private

school maintains the progress records. The private school is not required to maintain

a pupil's behavioral records once the pupil has graduated from the private school.