School Boards 
Why Adopt This Policy?
School employees should be able to work in an environment that is safe, orderly, and conducive to learning. Yet incidents in which teachers and other school employees are injured by students are often tracked inconsistently, making it difficult for school leaders to understand the scope of the problem, identify trends, or evaluate whether existing safety measures are effective.
This policy establishes a uniform process for documenting employee injuries caused by student conduct, protecting employees who report those incidents, and providing school boards with meaningful information to guide policy decisions. Reliable reporting promotes accountability, improves workplace safety, and helps ensure that decisions affecting school climate are based on accurate information rather than anecdote.
Policy
I. Purpose
The purpose of this policy is to ensure that injuries to school employees caused by conduct by a student or students are consistently reported, reviewed, documented, and communicated to the Board so the District can improve employee safety and school climate.
Nothing in this policy replaces or limits any employee reporting obligations under workers' compensation laws, mandatory reporting statutes, district safety procedures, or collective bargaining agreements.
II. Employee Reporting Procedures
At the beginning of each school year, the District shall provide all school employees with written information describing:
- The types of incidents that must be reported under this policy;
- How and to whom reports must be submitted;
- The protections afforded to employees who make good-faith reports.
The District shall also provide this information to newly hired employees during onboarding.
III. Incident Reporting
An employee shall submit a report whenever the employee experiences an injury incident described in this section while performing duties on behalf of the district. An employee shall submit the report as soon as practicable, but no later than five (5) school days after the incident, unless the employee is physically unable to do so or other good cause exists for the delay.
If a principal or other administrator becomes aware of an injury incident that has not been reported by the employee, the administrator shall ensure that an incident report is completed to the extent practicable.
For purposes of this policy, an injury incident shall mean an incident that results in any of the following:
- A student intentionally or recklessly causes physical contact to a school employee that would reasonably be expected to cause physical pain or harm regardless of whether the contact results in visible marks, diagnosable injury, or the need for medical treatment;
- A school employee receives first aid, medical evaluation, or medical treatment as a result of conduct by a student or students;
- A student uses or attempts to use an object, instrument, or weapon to cause physical harm to a school employee;
- A school employee is placed on modified duties, restricted duties, or provided temporary workplace accommodations as a result of conduct by a student or students;
- A school employee misses all or part of one (1) or more workday(s) as a result of the injury;
- A school employee's injury is reported to the school district workers' compensation carrier; or
- Any other incident involving physical contact, force, or injury by a student against a school employee that the school determines is relevant to employee safety, risk management, or compliance with state reporting requirements.
The report shall include, to the extent known at the time of reporting, all of the following information:
- The date, time, and location of the incident;
- A description of what occurred, to the best of the employee's knowledge, including any resulting physical contact, force, or injury;
- Any first aid, medical evaluation, or medical treatment as a result of the incident;
- Any work that has been missed or is expected to be missed as a result of the incident.
IV. Injury Incident Collection and Record Maintenance
The principal or designated administrator shall maintain records of all reported injury incidents. Incidents shall be collected and recorded for each school year from July 1 through June 30.
Multiple injury incident types may apply to a single employee injury incident, but each incident shall be counted only once for purposes of aggregate reporting.
V. Protection Against Retaliation
No school employee shall be discouraged from reporting an incident, pressured to withdraw or alter a report, subjected to retaliation, disciplined, intimidated, denied employment opportunities, or otherwise suffer an adverse employment action because the employee, in good faith:
- Reports an incident under this policy;
- Participates in an investigation; or
- Requests medical treatment or workers' compensation benefits arising from the incident.
VI. Annual Report
At least annually, the superintendent or his or her designee shall provide the Board with a summary of all incidents reported under this policy. The report should include at least all of the following:
- The total number of incidents reported during the school year;
- The total number of incidents by school;
- The types of incidents reported;
- The number of incidents that required medical treatment;
- The number of incidents that resulted in missed work;
- Trends over previous years; and
- Recommendations for improving employee safety.
Reports prepared under this policy shall be maintained consistent with applicable state and federal privacy laws. Annual reports to the Board should present aggregate data and shall not disclose personally identifiable information except as otherwise required by law.
Following the annual report, the superintendent or his or her designee shall evaluate whether changes to staffing, training, behavioral supports, safety procedures, or Board policies are warranted and shall report any recommended changes to the Board.
Legal Analysis – National
Local school boards have broad discretion in the management of school affairs. Epperson v. State of Ark., 393 U.S. 97, 104 (1968) (“By and large, public education in our Nation is committed to the control of the state and local authorities”); Bd. of Educ., Island Trees Union Free Sch. Dist. No. 26 v. Pico, 457 U.S. 853, 863 (1982) (“The Court has long recognized that local school boards have broad discretion in the management of school affairs.”); Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 507 (1969) (“The Court has long emphasized the need for affirming the comprehensive authority of the States and of local school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.”). Teachers, principals, and other school professionals are allowed to undertake reasonable actions to maintain order, discipline, and an appropriate educational environment. 20 U.S.C. § 7942. Teachers cannot be held liable for harm caused by any act or omission if the actions were carried out in conformity with Federal, State, and local laws in furtherance of efforts to maintain order or control in the classroom. 20 U.S.C. § 7946(a)(1–5). Some states have mandatory reporting requirements when workers' compensation is requested because of a student injury.
Legal Analysis – Wisconsin
School boards have the authority to make rules pertaining to the conduct of students in order to maintain good decorum and a favorable academic atmosphere. Wis. Stat. § 120.13(1)(a). School boards are required to adopt a code of conduct that specifies what constitutes dangerous, disruptive, or unruly behavior or behavior that intervenes with the ability of teachers to teach effectively. Wis. Stat. § 120.13(1)(a). Wisconsin law requires school boards to adopt a policy that allows teachers to use “reasonable and necessary force” to quell a disturbance, prevent an act that threatens physical injury, obtain possession of a weapon or other dangerous object within the student's control, protect property, remove a disruptive pupil, protect the student from inflicting harm on his or herself, protect the safety of others, or to maintain order or control. Wis. Stats. §§ 118.31(3) and (4). Wisconsin's Worker's Compensation Act is codified as Wis. Ch. 102.