2. Consequences for Education
B. Wisconsin Interscholastic Athletic Association (WIAA) Athletics
C. Post-secondary Education and Financial Assistance
A. School Child is Attending
Juvenile court clerks are required to notify school districts of felony delinquency petitions, and all adjudications. Wis. Stat. § 938.396(2g)(m). The statutes also allow free exchange of information between law enforcement agencies and the child’s school district. Wis. Stat. § 938.396(1)(b)2,2m. These notifications may, in some circumstances, lead to school discipline, suspension or expulsion, even if the behavior did not take place on school grounds.
Just the filing of a delinquency petition or a Wis. Stat. § 938.13(12) petition, if the offense alleged is a felony, triggers an affirmative obligation for the juvenile court to notify the child’s school district (including private schools and tribal schools). The clerk must tell the school “the nature of the delinquent act alleged” in the petition. If the case is closed, dismissed or terminated without a delinquency finding, the clerk must notify the applicable school board. Wis Stat. § 938.396(2g)(m); See Juvenile Court Form JD-1725.³¹
An adjudication of delinquency triggers another notification to the school board, including a description of the “nature of the violation committed” and the disposition. Courts usually do this by sending the dispositional order to the school board. This notification requirement is not limited to adjudications for felony-level offenses. Wis. Stat. § 938.396(2g)(m)2. See Juvenile Court Form JD-1725³². If the adjudication is for a felony committed at the request of, or for the benefit of a gang, the clerk must notify the school of that fact. Wis. Stat. § 938.396(2g)(m)4.
Schools have authority to discipline, suspend or expel a student for conduct at school or conduct while under the supervision of a school authority. Wis. Stat. § 120.13(1). Schools also have authority to suspend or expel for conduct off school property that “endangers the property, health or safety” of others at school or under school supervision, or “endangers the property, health or safety” of any school employee or school board member. Wis. Stat. § 120.13(1)(b)2.d.,(c)1. Threats to endanger property, health or safety, are sufficient grounds for suspension or expulsion. Also, conveying false bomb threats is sufficient grounds for suspension or expulsion. Wis. Stat. § 120.13(1)(b)2.b.,(c)1.
School authorities are required to suspend a student who possesses a firearm at school or while under school supervision. Wis. Stat. § 120.13(1)(bm). They have authority to expel a student who possesses a firearm off-grounds, if the school board is satisfied that the “interest of the school demands” expulsion. Wis. Stat. § 120.13(1)(c)1.
NOTE: These statutory standards apply to all school districts, but each school district may have specific policies and standards as well. Juvenile justice professionals should familiarize themselves with local school suspension and expulsion policies.
Wis. Stats. §§ 118.125(5)(b), 118.127, 120.13 prohibit using law enforcement records and court records as the “sole basis” for suspension or expulsion. However, the statute does not prohibit schools from using the alleged facts in law enforcement or court records as a basis for its own investigation of student conduct – investigations that can lead to discipline, suspension or expulsion.
If the dispositional order results in the child being enrolled in a different school district, the juvenile court clerk has to inform the new school district of any previous delinquency adjudications in that court, the nature of the adjudication charges, and the dispositions. Wis. Stat. § 938.396(2g)(m)5.
Finally, if school attendance is a condition of the dispositional order, the juvenile clerk of court is required to notify the applicable school district of that condition. Wis. Stat. § 938.396(2g)(m)3. The school district is required, in turn, to notify the agency supervising the child within five days of violation of the school attendance requirement. Wis. Stat. § 118.125(2)(cm).
School boards are directed to limit disclosure of juvenile law enforcement or court information to “employees who work directly with the juvenile or who have been determined by the governing body or its designee to have legitimate educational interests, including safety interests, in the information.” School boards and employees are prohibited from further disclosing the information to others. Wis. Stat. §§ 938.396(2g)(m)6, 118.127.
B. Wisconsin Interscholastic Athletic Association (WIAA) Athletics
For youth participating in school athletics, continuing eligibility will be at issue in juvenile delinquency proceedings. The WIAA has set the following guidelines concerning participation in school athletics³³: 1) Every school district must establish a Code of Conduct which applies year-round to prospective athletes; 2) That Code of Conduct must, at a minimum, call for a one game suspension for any in-season violations involving possession and/or use of alcohol, possession and/or use of tobacco products and/or the possession, use, buying or selling of controlled substances; and 3) Any student charged and/or convicted of a felony shall, upon the filing of felony charges, become ineligible for all further participation until the student has paid his/her debt to society and the courts consider the sentence served (to include supervision).
NOTE: The “charged and/or convicted of a felony” language suggests that this rule only applies to children who are charged in adult criminal court. But some school districts also apply it to children who are “petitioned” in juvenile court for behavior that “would be a felony if committed by an adult.” It is important to know the applicable interpretation in the particular youth’s school district.
WIAA rules do not indicate specific penalties, other than those stated above. Any suspension which results in a student missing any portion of WIAA tournament competition, results in that athlete being ineligible for the remainder of the WIAA tournament series in that sport.
Unlike with school discipline, law enforcement and court records regarding delinquent activity can be “the sole basis for taking action against a pupil under the school district’s athletic code.” Wis. Stat. §§ 118.127, 938.396(1)(c)3, 938.396(2g)(m)6).
NOTE: Each school district has its own Code of Conduct. Juvenile justice professionals need to know the specific penalties within each youth’s school district. This is especially important when it comes to drug offenses. Many school districts do not adhere to the one game minimum. Many have penalty structures worded in “percentage of season” versus a set number of games. Further, many districts have a reduced penalty for those who self-disclose.
The school must provide an opportunity for the student to be heard prior to any penalty being enforced (except for felony charges). If a student appeals a suspension, according to the school’s appeal procedure, the student is ineligible during the appeal process.
C. Post-secondary Education and Financial Assistance
A delinquency adjudication does not bar access to higher education in most cases. All campuses in the University of Wisconsin system use an electronic application that does not ask about delinquency adjudications or criminal convictions. Fifteen private colleges in Wisconsin use the “Common Application” which does not ask about convictions, adjudications or school discipline although each college can supplement the common application with additional questions.³⁴ Sometimes admissions offices become aware of an applicant’s delinquent acts through other sources such as a high school contact, media, or a victim contact. If that information reveals a violent crime or sexual assault, it may be taken into account in the admissions process.
Universities also screen applicants for campus housing. Thus, it may be possible for a prospective student to be admitted to the university, but not be allowed to live in a dorm or similar campus housing. For example, youth who are on the sex offender registry based on a juvenile delinquency offense may be excluded from campus housing.
Wisconsin’s technical colleges are open access institutions, and do not exclude anyone on the basis of delinquency adjudications. However, some occupations have licensing restrictions (see Chapter 3). The technical colleges may not admit students into an occupation-specific program if the student doesn’t meet licensing requirements for that occupation.
A delinquency adjudication does not bar access to federal student financial aid. The application form for financial aid, called the Free Application for Federal Student Aid (FAFSA), is phasing out all questions about drug convictions or adjudications. Delinquency adjudications do not disqualify a person for federal student aid, although youth who are incarcerated at the time of application may find that their options are limited.³⁴
³¹ Notice to School Board, State of Wisconsin, Circuit Court, JD-1725, Rev. Date 03/2020, <https://www.wicourts.gov/formdisplay/JD-1725.pdf?formNumber=JD-1725&formType=Form&formatId=2&language=en>
³² Id
³³ Senior High Handbook (August 31, 2021). Wisconsin Interscholastic Athletic Association, <https://www.wiaawi.org/Portals/0/PDF/Publications/2021-22handbook.pdf>; Middle Level Handbook (January 21, 2021). Wisconsin Interscholastic Athletic Association, <https://www.wiaawi.org/Portals/0/PDF/Publications/jrhandbook.pdf>
³⁴ Criminal History Question for 2019-2020 Application Year (August 19, 2018) Blog Post by Jen Davis <https://www.commonapp.org/blog/change-criminal-history-question-2019-2020-application-year>
