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Wisconsin Legislature: AB614: Text as Enrolled
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AB614: Text as Enrolled
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Date of enactment:
2025 Assembly Bill 614
Date of publication*:
2025 WISCONSIN ACT
An Act
to renumber and amend
118.164 (1) and 118.21 (1);
to amend
118.164 (2), 118.164 (3) (a) (intro.), 118.164 (3) (a) 4. and 120.13 (1) (a) (intro.) and 1.;
to repeal and recreate
118.164 (title);
to create
115.787 (2) (es), 118.164 (1) (title), 118.164 (1) (a), (b), (c), (d) and (f), 118.164 (1m), 118.164 (2m), 118.164 (3) (title), 118.1643, 118.1645, 118.21 (1) (b), 119.16 (16) and 120.13 (1) (a) 5. and 6. of the statutes;
relating to:
a teacher’s authority to manage the teacher’s class, parental notification of disruptive or violent behavior at school, and a school district’s code of conduct.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB614,1c
Section
1c
.
115.787 (2) (es) of the statutes is created to read:
115.787
(2)
(es) A statement of whether a behavior that is consistent with the child’s disability is likely to be a disruptive behavior, as defined in s. 118.1645 (1) (b), whether an incidence of a behavior that is consistent with the child’s disability is likely to result in a disruptive incident, as defined in s. 118.1645 (1) (c), and whether it is appropriate for a teacher to remove the child from the teacher’s class under s. 118.164 (2) for the behavior.
AB614,1r
Section
1r
.
118.164 (title) of the statutes is repealed and recreated to read:
118.164
(title)
Authority to manage a class; teachers.
AB614,2
Section
2
.
118.164 (1) (title) of the statutes is created to read:
118.164
(1)
(title)
Definitions.
AB614,3
Section
3
.
118.164 (1) of the statutes is renumbered 118.164 (1) (intro.) and amended to read:
118.164
(1)
(intro.) In this section
, “teacher”
:
(e) “Teacher”
means a person holding a license or permit issued by the state superintendent whose employment by a school district requires that he or she hold that license or permit.
AB614,4
Section
4
.
118.164 (1) (a), (b), (c), (d) and (f) of the statutes are created to read:
118.164
(1)
(a) “Behavior intervention plan” means an individualized plan created for a pupil with an identified behavior of concern and that satisfies all of the following criteria:
1. The plan clearly identifies the pupil’s behavior of concern.
2. The plan identifies specific goals related to the pupil’s behavior of concern.
3. The plan describes the strategies and supports that will be used for the pupil to meet the goals described in the plan.
4. The plan includes a description of how the pupil’s progress will be monitored and how the plan will be adjusted, if needed.
5. If the pupil is a child with a disability, as defined in s. 115.76 (5) (a), and the pupil’s behavior of concern affects the pupil’s learning or the learning of other pupils, the plan is created during the individualized education program process, in accordance with 34 CFR 300.320 (a).
(b) “Disruptive behavior” has the meaning given in s. 118.1645 (1) (b).
(c) “Disruptive incident” has the meaning given in s. 118.1645 (1) (c).
(d) “Materially and substantially interrupts instruction or compromises safety” has the meaning given in s. 118.1645 (1) (d).
(f) “Violent incident” has the meaning given in s. 118.1645 (1) (g).
AB614,5
Section
5
.
118.164 (1m) of the statutes is created to read:
118.164
(1m)
Authority.
A teacher may do any of the following:
(a) Maintain order and discipline in the teacher’s classroom.
(b) Establish and enforce classroom rules.
(c) Call 911 in the event of an emergency.
(d) In accordance with s. 118.305, take immediate action to stop a pupil’s disruptive behavior.
(e) Request immediate assistance from school administrators for a pupil’s disruptive behavior or a disruptive or violent incident.
AB614,6
Section
6
.
118.164 (2) of the statutes is amended to read:
118.164
(2)
Removal from class.
Subject to 20 USC 1415 (k)
and beginning August 1, 1999
, a teacher may remove a pupil from the teacher’s class if the pupil violates the code of classroom conduct adopted under s. 120.13 (1) (a)
or is dangerous, unruly or disruptive or exhibits behavior that interferes with the ability of the teacher to teach effectively, as specified in the code of classroom conduct
, engages in disruptive behavior, causes or participates in a disruptive or violent incident, materially and substantially interrupts instruction or compromises safety, or repeatedly refuses to comply with classroom rules despite prior intervention
. The teacher shall send the pupil to the school principal or
his or her
the school principal’s
designee and notify the school principal or
his or her
the school principal’s
designee immediately of the reasons for the removal. In addition, the teacher shall provide to the
school
principal or
his or her
the school principal’s
designee within 24 hours after the pupil’s removal from the class a written explanation of the reasons for the removal.
A teacher may not remove a pupil who is a child with a disability, as defined in s. 115.76 (5), from the teacher’s class under this subsection if the pupil’s individualized education program, as defined in s. 115.76 (9), states that the behavior that is the basis for the removal is consistent with the child’s disability and removal under this subsection for that behavior is not appropriate.
AB614,7
Section
7
.
118.164 (2m) of the statutes is created to read:
118.164
(2m)
Review of removal.
The school principal or the school principal’s designee shall act on each removal under sub. (2) in accordance with the school board’s policy under s. 118.1645 (4) and the school board’s code of classroom conduct under s. 120.13 (1) (a).
AB614,8
Section
8
.
118.164 (3) (title) of the statutes is created to read:
118.164
(3)
(title)
Pupil placement; reentry to class.
AB614,9
Section
9
.
118.164 (3) (a) (intro.) of the statutes is amended to read:
118.164
(3)
(a) (intro.) The school principal or
his or her
the school principal’s
designee shall place the pupil in one of the following:
AB614,10
Section
10
.
118.164 (3) (a) 4. of the statutes is amended to read:
118.164
(3)
(a) 4. The class from which the pupil was removed if, after
weighing the interests of
reviewing
the
removed
removal of the
pupil,
the other pupils in the class and the teacher,
the school principal or
his or her
the school principal’s
designee determines that readmission to the class is the
best or only
appropriate
alternative.
If the pupil was removed from the class for causing or participating in a disruptive or violent incident or for an incident that qualifies the pupil as a persistently disruptive pupil, as defined in s. 118.1645 (1) (f), the school principal or the school principal’s designee may not return the pupil to the teacher’s class under this subdivision unless a behavior intervention plan is in place for the pupil.
AB614,11
Section
11
.
118.1643 of the statutes is created to read:
118.1643
Teacher protections.
(1)
Definition
. In this section, “teacher” has the meaning given in s. 118.164 (1) (e).
(2)
Protections.
A school board may not terminate or otherwise retaliate or discriminate against a teacher for any of the following:
(a) Removing a pupil from the teacher’s class in good faith.
(b) Enforcing classroom rules consistent with the school board’s policies.
(c) Reporting unsafe conditions or disruptive behavior, as defined in s. 118.1645 (1) (b).
(d) Requesting assistance for a concern about a pupil’s behavior.
(e) Any action taken to protect the safety of the teacher or other persons unless the school board finds clear evidence of misconduct.
(3)
Procedural safeguards
. Before a school board takes an adverse employment action against a teacher on the basis of the teacher’s response to a disruptive incident, as defined in s. 118.1645 (1) (c), or a violent incident, as defined in s. 118.1645 (1) (g), the school board shall do all of the following:
(a) Provide the teacher with written notice of the disruptive or violent incident and the potential adverse employment action against the teacher.
(b) Provide the teacher with an opportunity to respond to the allegations and potential adverse employment action.
(c) If requested by the teacher, hold a hearing on the disruptive or violent incident and the potential adverse employment action against the teacher.
(4)
Annually, a school board shall notify each teacher employed by the school district of the teacher’s protections and safeguards under subs. (2) and (3).
AB614,12
Section
12
.
118.1645 of the statutes is created to read:
118.1645
Disruptive or violent pupil behavior; parental notification.
(1)
Definitions.
In this section:
(a) 1. “Chronic disruption” means any of the following:
a. Three or more incidents of disruptive behavior on separate school days within any 10 consecutive school days.
b. Five or more incidents of disruptive behavior within 30 school days.
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