Wisconsin School Discipline Laws & Regulations: Substance Use

Discipline Compendium

Wisconsin School Discipline Laws & Regulations: Substance Use

Category: Discipline Addressing Specific Code of Conduct Violations
Subcategory: Substance Use
State: Wisconsin

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LAWS

20.255. Public instruction, department of.

There is appropriated to the department of public instruction for the following programs:

(1) Educational leadership.

(kd) Alcohol and other drug abuse program. The amounts in the schedule for the purpose of s. 115.36 (2) and the administration of s. 115.36 (3). All moneys transferred from the appropriation account under s. 20.455 (2)(i) 4. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3)(a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.455 (2)(i). [...]

(2) Aids for local educational programming.

(kd) Aid for alcohol and other drug abuse programs. The amounts in the schedule for the purpose of s. 115.36 (3). All moneys transferred from the appropriation account under s. 20.455 (2)(i) 5. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3)(a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.455 (2)(i).

115.36. Assistance to schools for alcohol and other drug abuse programs.

(1) The purpose of this section is to enable and encourage public, private, and tribal schools to develop comprehensive programs to prevent or ameliorate alcohol and other drug abuse among minors.

(2) The department shall:

(a) Develop and conduct training programs for the professional staff of public, private, and tribal schools in alcohol and other drug abuse prevention, intervention, and instruction programs.

(b) Provide consultation and technical assistance to public, private, and tribal schools for the development and implementation of alcohol and other drug abuse prevention, intervention, and instruction programs.

(c) Provide fellowship grants to support advanced training or education in comprehensive school health and alcohol and other drug abuse education.

(d) Provide access to informational resources for alcohol and other drug abuse education programs and services including, but not limited to:

1. The screening, revision and evaluation of available information resources.

2. The establishment of a central depository and loan program for high cost informational resources.

3. The systematic dissemination of information concerning available resources to appropriate public, private, and tribal school staff.

(e) Create a council under s. 15.04 (1)(c) to advise the department concerning the administration of this section.

(3)(a) The department shall, from the appropriation under s. 20.255 (2)(kd), fund school district projects designed to assist minors experiencing problems resulting from the use of alcohol or other drugs or to prevent alcohol or other drug abuse by minors. The department shall:

1. Administer grant application and disbursement of funds.

2. Monitor program implementation.

3. Assist in and ensure evaluation of projects.

4. Report biennially in its report under s. 15.04 (1)(d) on program progress and project evaluation.

5. Promulgate necessary rules for the implementation of this subsection.

(b) Grants under this subsection may not be used to replace funding available from other sources.

(c) Grants under this subsection may be made only where there is a matching fund contribution from the local area in which a program is designed to operate of 20 percent of the amount of the grant obtained under this subsection. Private funds and in-kind contribution may be applied to meet the requirement of this paragraph.

(d) A school district applying for aid under this subsection shall submit a copy of the application to the county department under s. 51.42 for its advisory review. The county department under s. 51.42 may, and the council established under sub. (2)(e) shall, submit an advisory recommendation with respect to the application to the department prior to the approval or denial of the application.

118.24. School district administrator.

(2)(f) The school district administrator shall ensure that the administrative and pupil service staff in the district cooperate with the county department under s. 51.42 in the dissemination of information regarding the availability of alcohol and drug abuse services and to jointly establish procedures for the referral to appropriate agencies of students experiencing problems resulting from the use of alcohol or other drugs.

118.257. Liability for referral to police.

(1) In this section:

(a) "Controlled substance" has the meaning specified in s. 961.01 (4).

(am) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

(at) "Delivery" has the meaning given in s. 961.01 (6).

(b) "Distribute" has the meaning specified in s. 961.01 (9).

(c) "Pupil services professional" means a school counselor, school social worker, school psychologist or school nurse.

(d) "School" means a public, parochial, private, or tribal school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

(2) A school administrator, principal, pupil services professional or teacher employed by a school board is not liable for referring a pupil enrolled in the school district to law enforcement authorities, or for removing a pupil from the school premises or from participation in a school-sponsored activity, for suspicion of possession, distribution, delivery or consumption of an alcohol beverage or a controlled substance or controlled substance analog.

118.45. Tests for alcohol use.

A school board employee or agent, or law enforcement officer, as defined in s. 102.475 (8)(c), authorized by a public school board may require a public school pupil, including a charter school pupil, to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil's breath whenever the authorized employee, agent or officer has reasonable suspicion that the pupil is under the influence of alcohol while the pupil is in any of the circumstances listed in s. 125.09 (2)(b) 1. to 3. The authorized employee, agent or officer shall use a breath screening device approved by the department of transportation for the purpose of determining the presence of alcohol in a person's breath to determine if alcohol is present in the pupil's breath. The results of the breath screening device or the fact that a pupil refused to submit to breath testing shall be made available for use in any hearing or proceeding regarding the discipline, suspension or expulsion of a student due to alcohol use. No school board may require a pupil to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil's breath until the school board has adopted written policies regarding disciplines or treatments that will result from being under the influence of alcohol while on school premises or from refusing to submit to breath testing to determine the presence of alcohol in the pupil's breath.

120.12. School board duties.

The school board of a common or union high school district shall:

(20) Prohibition of tobacco. Prohibit the use of all tobacco products on premises owned or rented by, or under the control of, a school board, except that the school board may allow the use of tobacco products on premises owned by the school district and rented to another person for noneducational purposes.

255.15. Statewide tobacco use control program.

(3) Use of funds.

(b) From the appropriation account under s. 20.435 (1)(fm), the department may award grants for any of the following:

3. School-based programs relating to tobacco use cessation and prevention.

REGULATIONS

PI 38.11. Purpose.

(1) Under s. 115.36 (1), Stats ., public and private schools are encouraged to develop comprehensive kindergarten through grade 12 programs to prevent or ameliorate alcohol and other drug abuse among minors.

(2) Under s. 115.36 (3), Stats ., the department shall fund school district projects designed to assist minors experiencing problems resulting from alcohol or other drug use or to prevent alcohol and drug use by minors.

(3) This subchapter sets forth characteristics of a comprehensive kindergarten through grade 12 program including criteria and procedures in awarding grants under s. 115.36, Stats.

PI 38.12. Definitions.

In this subchapter:

(1) "AODA program" means a comprehensive kindergarten through grade 12 alcohol and other drug abuse program as described in s. PI 38.13 . […]

(7) "Intervention" means efforts to respond to and provide appropriate assistance to students experiencing health and safety problems including alcohol and other drug abuse. [...]

(9) "Prevention" means efforts to provide pupils appropriate information and developmental experiences necessary to make personally and socially responsible decisions regarding their own alcohol and other drug use and non-use and other health and safety factors and to cope effectively with the personal and social results of health and safety decisions made by others. Prevention includes efforts to develop assets which can be used to overcome challenges and set-backs and to help students become positive, caring, responsible and productive citizens.

(10) "Pupil assistance program," also referred to as a student assistance program, means an alcohol and other drug abuse support program involving pupils with health and safety problems and concerns in individual or group settings operating under conditions established by school board policy, rules and responsibilities.

PI 38.13. Comprehensive kindergarten through grade 12 AODA programs, application requirements, and awarding of grants.

(1) AODA Program Policies. Except projects funded under s. PI 38.14 , a school board conducting an AODA program shall establish policies and procedures that clearly articulate how the program will operate. In developing policies under this section, a school board shall consider requiring any of the following:

(a) That administrators and teachers designated to engage in AODA programs under s. 118.126, Stats ., have received appropriate training and are aware of the requirements of s. 118.126, Stats .

(b) Provide for cooperative arrangements with the county department of community programs regarding the availability of AODA services as specified under s. 118.24 (2)(f), Stats .

(c) That school administrators, principals, pupil services professionals and teachers employed by the school board are aware of the provisions under s. 118.257, Stats ., pertaining to liability for referral to police, when referring pupils to law enforcement authorities for removal from school grounds or school sponsored activities as a result of suspicion of possession or consumption of an alcoholic beverage or controlled substance.

(d) That school administrators, principals, pupil services professionals and teachers employed by the school board are aware of the provisions of s. 118.258, Stats ., pertaining to the prohibition of electronic communications devices and that pupils are annually provided with a copy of the board's rules pertaining to this prohibition.

(e) That school administrators, principals, pupil services professionals and teachers employed by the school board are aware of the provisions of s. 120.12 (20), Stats ., pertaining to prohibiting the use of all tobacco products on school premises.

(f) That school administrators, principals, pupil service professionals and teachers employed by the school board are aware of the provisions of s. 125.09, Stats ., pertaining to the prohibition of alcohol beverages on school grounds.

(g) That school administrators, principals, pupil service professionals and teachers employed by the school board are aware of the provisions of s. 118.125, Stats ., pertaining to the maintenance and confidentiality of certain types of pupil records.

(h) That school administrators, principals, pupil service professionals and teachers employed by the school board are aware of the provisions of s. 118.45, Stats ., pertaining to use of portable breath testing devices with pupils suspected of consuming alcohol or being under the influence of alcohol at school or a school sponsored event.

(2) AODA Program Content. Under s. 115.36 (1), Stats ., every public and private school is encouraged to develop AODA programs to prevent or ameliorate alcohol and other drug abuse among minors. Section 115.36 (3), Stats ., provides for grants to assist school districts in developing or supplementing AODA programs. An AODA program under this section may include any of the following:

(a) Curriculum and instruction that meets all of the requirements of s. 118.01 (2)(d) 2. c. and 6., Stats., and which does all of the following:

1. Provides accurate and up-to-date information on health promotion and risk behaviors.

2. Provides accurate information about youth attitudes and behaviors about AODA and related youth risk behaviors.

3. Provides a strong focus on life skill development, such as decision making, goal setting and communication skills.

4. Emphasizes key concepts that cut across many health and safety issues.

5. Provides multiple instructional strategies.

6. Is developmentally appropriate and builds on a pupil's prior knowledge.

7. Provides a sense of safety and community in the classroom.

8. Provides clear and consistent messages.

9. Involves parents and guardians in instructional programs.

(b) A written school district policy which supports comprehensive alcohol and other drug abuse programming including pupil assistance programs, curriculum, instruction, staff development and youth oriented activities. The policies shall be widely publicized and be in accordance with appropriate state and federal laws.

(c) Programs for pupils including pupil assistance programs, peer programs, student clubs, and drug free alternatives.

(d) Programs for adults including staff development, employee assistance and wellness programs, and parent and community education.

(e) Integration of community resources and support services including, but not limited to, human services providers, private treatment providers, law enforcement officers, and judicial personnel.

(f) Access to a collaborative pupil service team made up of school counselors, social workers, nurses and psychologists.

(g) An AODA program coordinator who is provided with appropriate time and training.

(h) Ongoing monitoring, assessment and evaluation of AODA program activities.

(i) Strategies to develop comprehensive school health programs which include, but are not limited to, a police-school partnership project, a family support project providing parenting skills and family cohesion building strategies, after school and summer school tutorial services, student assistance programs, youth-led prevention activities, any other strategy approved by the state superintendent to meet the statutory objectives of prevention or amelioration of alcohol and drug use by minors. A school district may enter into contracts with public or private non-profit agencies to collaborate on family support programs that include parenting skills and family cohesion building strategies.

(3) Grant Application Requirements. A school board or a school board in cooperation with another school board under an agreement under s. 66.0301, Stats .; or a CESA board under s. 116.032, Stats .; may apply for a grant under this section. Maximum awards for consortium projects shall be determined by the state superintendent as described under sub. (4)(a). Annually, an applicant under this section shall submit all of the following information to the department in its grant application:

(a) Evidence of the need for the grant.

(b) The name of the AODA program coordinator, and evidence that the AODA program coordinator holds a current license issued by the department under ch. PI 34.

(c) A description of how the proposed program activities will be integrated with the school district's current AODA program as specified in this section, as well as other school improvement strategies.

(d) An outline of the proposed program objectives, activities, and related timelines. The program's objectives shall be measurable.

(e) A description of how the proposed program will be evaluated. The description shall contain outcome evaluations.

(f) A description of how the program activities will continue after the grant period is completed.

(g) A description of how the strategies and activities contained in the proposal contribute to the prevention or amelioration of alcohol, tobacco, and other drug abuse.

(h) A description of the collaborative development of the proposal, including the individuals that participated in the process.

(i) A description of the resources and funds necessary to implement the project and how the matching fund contribution of 20% will be met. Private and in-kind contributions may be applied to meet this requirement.

(j) An assurance that the grant applicant will not use the funds to supplant any funds which are otherwise available for the proposed project.

(k) Evidence that the grant applicant submitted a copy of the proposed project to the county department of community programs for advisory review.

(4) Review of Applications and Awarding of Grants. (a) The state superintendent, annually, shall establish funding limits for programs under this section based on the amount appropriated for the program under s. 20.255 (2)(kd), Stats ., using the criteria specified under par. (c) 2. The state superintendent shall inform school districts of the funding limits by letter which will accompany application materials.

(b) The council shall review the applications submitted under this section and make recommendations to the state superintendent regarding the funding of school district applications. These recommendations shall be based on the criteria specified in par. (c).

(c)1. The state superintendent shall review the applications submitted under this section and consider the recommendations made by the council under par. (b) to determine which of the applications eligible for funding will receive grants. The state superintendent shall make this determination based on the following primary criteria:

a. The extent to which the goals, objectives and activities relate to the purpose of the proposed program.

b. The extent to which the proposed program activities will assist the district in meeting the requirements of this section.

c. The local capacity to sustain program activities.

d. The extent to which programs are innovative or exemplary and may serve as a model for other school districts.

2. Secondary criteria in awarding grants shall, to the extent possible, include the following:

a. The grants shall be distributed equally throughout the state.

b. The grants shall be awarded to school districts of varying sizes, as determined by membership.

PI 38.14. Student mini grants.

(1) Grant Application Requirements. (a) A school district may apply for a grant for an AODA education and related youth risk behaviors education, prevention and intervention activities program designed by the pupils enrolled in the school district. A grant under this section may not exceed $1,000. Annually, an applicant under this section shall submit all of the following information to the department in its grant application:

1. A description of the program to be developed and implemented by pupils and whether the program is being implemented at a building, district, or community level.

2. An outline of the proposed program goals, objectives, activities, personnel involved, material to be developed or needed, and related timelines.

3. A description on how the proposed activities will be evaluated to determine the extent to which the objectives were met.

4. A budget that describes how grant funds will be used.

(2) Review of Applications and Awarding of Grants. The state superintendent shall review applications submitted under this section and determine which of the applications eligible for funding will receive grants. The state superintendent shall make this determination based on all of the following criteria.

(a) The extent to which the goals, objectives and activities relate to the purpose of the proposed program.

(b) The extent to which program activities have an educational focus.

(c) Evidence that the proposal was developed and will be implemented by youth.

Note: PI-2391, Application–Student Alcohol and Other Drug Abuse Mini-Grant, may be obtained at no charge from the Department of Public Instruction, P. O. Box 7841, Madison, WI 53707-7841.

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