AB 91

Current law requires, beginning January 1, 2024, the school board of a first class city school district (currently only Milwaukee Public Schools) to ensure that at least 25 school resource officers are present at schools within the school district (SRO requirement). Under current law, a “school resource officer” is a law enforcement officer who is deployed in community-oriented policing and assigned by the law enforcement agency that employs him or her to work in a full-time capacity in collaboration with a school district. Current law also requires MPS and the City of Milwaukee to agree on how to apportion the costs of meeting the SRO requirement between the two entities.

On October 8, 2024, a complaint was filed in Milwaukee County that alleged MPS is failing to comply with the SRO requirement and asked for a writ of mandamus to require compliance. On January 23, 2025, a Milwaukee County judge ordered MPS to comply with the SRO requirement on or before February 17, 2025. On February 17, 2025, the same Milwaukee County judge gave MPS an additional 10 days to comply with the January 23, 2025 order.

This bill requires MPS and the City of Milwaukee to apportion 75 percent of the costs of complying with the SRO requirement to MPS and 25 percent to the City of Milwaukee. The bill further requires that by no later than 30 days after the bill becomes law 1) MPS and the City of Milwaukee must enter into an agreement on how they will implement compliance with the SRO requirement and 2) MPS and the City of Milwaukee must jointly certify to the Joint Committee on Finance that at least 25 school resource officers are present in MPS schools.

Under the bill, a similar certification process is required if the initial agreement between MPS and the City of Milwaukee is terminated. First, MPS and the City of Milwaukee must enter into an agreement on how they will implement compliance with the SRO requirement within 30 days of the termination of the agreement. Second, by no later than 30 days after entering into the agreement, the City of Milwaukee must certify to JCF that at least 25 law enforcement officers are trained and available to be placed in MPS schools. Lastly, by no later than 30 days after the certification is made to JCF, MPS must certify to JCF that at least 25 school resource officers are present in MPS schools.

The bill also creates financial consequences for both the City of Milwaukee and MPS if these requirements are not met. Specifically, the bill directs the Department of Administration to withhold 10 percent of the supplemental county and municipal aid to the City of Milwaukee if evidence is not provided of an agreement between the city and MPS or if the City of Milwaukee fails to certify to JCF, by no later than 30 days after the bill becomes law, that at least 25 school resource officers are present in MPS schools and, if a new agreement is entered into in the future, that 25 law enforcement officers are trained and available to be placed in MPS schools. Similarly, the bill requires the Department of Public Instruction to withhold 20 percent of the per pupil categorical aid payment owed to MPS if evidence is not provided of an agreement between the City of Milwaukee and MPS or if MPS fails to certify to JCF by no later than 30 days after the bill becomes law and, if required in the future due to a new agreement, that at least 25 school resource officers are present in MPS schools.