SB 97 — Relating to: parental notification of alleged sexual misconduct by a school staff member. (FE)

- 2026 LEGISLATURE LRBa0485/1LRB-2255/1 FFK:skw SENATE AMENDMENT 1, TO SENATE BILL 97 OctoberMarch 8,7, 2025 - OfferedIntroduced by SenaOMCZYKSenators .T OMCZYK and N ASS, cosponsored by Representatives FRANKLIN , B EHNKE , B RILL, D ITTRICH, B.

AtJ theACOBSON locations, indicated,KAUFERT amend, theK billNODL as, follows:KREIBICH, M ELOTIK, M URPHY , M URSAU, O'C ONNOR , STEFFEN, TITTL and W ICHGERS .

1.Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.

PageA 1,N lineA 2:CT to create 118.07 (6) of the statutes;

deleterelating Xbyto: a school staff memberY.

2.parental notification of alleged sexual misconduct by a school staff member.

PageAnalysis 2,by linethe 2:Legislative Reference Bureau This bill requires each school board, governing body of a private school, and operator of a charter school to notify a pupil’s parent or guardian if the school board, governing body, or operator receives a credible report alleging sexual misconduct by a school staff member and the pupil is identified as an alleged victim, target, or recipient of the misconduct.

deleteUnder linesthe 2bill, toa 15school andboard, substitute:governing body, or operator must notify the pupil’s parent or guardian by no later than the end of the day on which the school board receives the report containing the alleged sexual misconduct.

X118.07Under (6)the (a)bill, 1.a report is considered to be received by a school board or operator of a charter school when it is received by an assistant principal, principal, assistant school district superintendent, school district superintendent, or school district administrator, and is considered to be received by the governing body of a private school when it is received by an assistant principal, principal, superintendent, executive director, or other individual who acts as the administrative head of the private school.

EachUnder schoolcurrent board,law, governingit bodyis of a privateClass school,I andfelony operatorfor of a charter school shall,staff aftermember receivingto acommit reportan thatact alleges any of thesexual following,misconduct notifyagainst the parent or guardian of each pupil alleged to be a victim,pupil. target, or recipient of the alleged conduct if the individual under subd.

3.Under current law and the bill, “sexual misconduct” means 1) communications made intentionally to sexually degrade, sexually humiliate, sexually arouse, or sexually gratify the pupil or the perpetrator or 2) intentional touching by the perpetrator or, upon the perpetrator’s instruction, - 2026 Legislature - 2 - LRB-2255/1 FFK:skw SENATE BILL 97 SECTION 1 by the use of a body part or object, if the purpose of the intentional touching is to sexually degrade, sexually humiliate, sexually arouse, or sexually gratify the pupil or the perpetrator.

orThe 4.bill also requires school boards to annually provide information about how parents and guardians may access records related to school employee discipline under the state public records law.

whoFor receivedfurther information see the reportlocal determinesfiscal thereestimate, iswhich reasonablewill causebe toprinted suspectas thatan theappendix allegedto conductthis occurred:bill.

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

SexualS misconduct,ECTION as1. defined in s.

118.07 (6) of the statutes is created to read:

118.07 (6) (a) Each school board, governing body of a private school, and operator of a charter school shall, by no later than the end of the day on which a credible report alleging sexual misconduct, as defined in s.

948.098 (1) (c).(c), is received, shall notify the parents or guardians of each pupil alleged to be a victim, target, or recipient of the alleged sexual misconduct by the school staff member.

b.For purposes of this paragraph, 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 and for purposes of that employment the individual is required to hold a license issued by the department under s.

That an individual who has been convicted of a serious child sex offense, as - 2026 Legislature - 2 - LRBa0485/1 FFK:skw 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: