Section 36.12. Confidentiality of pupil records.

 

(1)   During the application process.

(a) The following pupil records shall be provided to the nonresident school board by the resident school board during the application process.

1. The most recent IEP.

2. The most recent special education evaluation, if an IEP is not available.

3. Information that the pupil has been referred to his or her resident school board under s. 115.777 (1) , Stats., or identified by his or her resident school board under s. 115.77 (1m) (a) , Stats.

4. Any expulsion findings and orders pertaining to the pupil, records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.

(c) In considering an alternative application, the nonresident school board may not request and a public school board may not provide any pupil records from any public school district or private school without written consent from the pupil's parent, except records described in par. (a) . The nonresident school board may not deny an alternative application based on a parent's refusal to consent to release of additional records.

(2)   While the pupil is attending the nonresident school district.

(b) Except as specified in par. (c) , the nonresident school board may not provide any pupil records to the resident school board, including but not limited to the following:

1. Any part of an IEP developed or revised for the pupil while the pupil is attending the nonresident school district.

2. Updated evaluation reports.

3. Discipline records.

4. Attendance records.

5. Report cards.

6. IEP progress reports.

(c) The nonresident school board may provide pupil records to the resident school board if the pupil's parent provides written consent.

CR 14-021 : cr. Register August 2014 No. 704 , eff. 9-1-14; CR 16-019 : r. (1) (b), (2) (a), am. (2) (b) Register July 2016 No. 727 , eff. 8-1-16.