ACT 57 ANNUAL NOTICE

AN ACT to create 118.07 (6) of the statutes; relating to: parental notification of alleged sexual misconduct.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. 118.07 (6) of the statutes is created to read:
118.07 (6) (a) 1. Each school board, governing body of a private school, and operator of a charter school shall, after receiving a report that alleges any of the following, notify the parent or guardian of each pupil alleged to be a victim, target, or recipient of the alleged conduct if the individual under subd. 3. or 4. who received the report determines there is reasonable cause to suspect that the alleged conduct occurred:
a. Sexual misconduct, as defined in s. 948.098 (1) (d), by a school staff member, as defined in s. 948.098 (1) (c).
b. That an individual who has been convicted of a serious child sex offense, as defined in s. 948.13, has engaged in an occupation or participated in a volunteer position that requires the individual to work or interact primarily and directly with children in a manner that would be a felony under s. 948.13.
c. That a sex offender, as defined in s. 948.14 (1) (d), has intentionally captured a representation of a minor pupil without the written consent of the minor pupil’s parent or guardian.
2. Notice required under subd. 1. shall be provided in-person or by phone, including voicemail, and shall be provided by no later than one of the following, whichever is applicable:
a. If the report is received on a school day before the end of regularly scheduled instruction, 5 p.m. on that day.
b. If the report is received on a school day after the end of regularly scheduled instruction or on a day that is not a school day, by noon of the next calendar day.
3. For purposes of subds. 1. and 2. a. and b., a report is considered to be received by a school board or the operator of a charter school when it is received by an individual employed by the school district or operator of the charter school to whom any of the following applies:
a. For purposes of the employment, the individual is required to hold a license issued by the department under s. PI 34.066 or 34.067, Wis. Adm. Code.
b. The individual has been designated by the school board or operator of the charter school as a Title IX coordinator, as defined in 34 CFR 106.8 (a).
4. For purposes of subds. 1. and 2. a. and b., a report is considered to be received by the governing body of a private school when it is received by an individual employed by the governing body of the private school as an assistant principal, a principal, or an administrator, as defined in s. 118.60 (1) (ad), or by an individual who has been designated by the governing body of the private school as a Title IX coordinator, as defined in 34 CFR 106.8 (a).
5. Subdivision 1. does not apply to a report received by the school board, governing body of a private school, or operator of a charter school that alleges conduct by the pupil’s parent or guardian.
(b) Each school board shall annually provide parents and guardians with information regarding their rights to access records regarding school employee discipline under subch. II of ch. 19.
SECTION 2. Initial applicability.
(1) This act first applies to a credible report alleging sexual misconduct by a school staff member that is received on the effective date of this subsection.