Wisconsin pupil records (Wis. Stat. §118.125)
Wisconsin's statute governing the confidentiality of pupil records, sitting alongside FERPA for Wisconsin districts. It binds the school board and the school, not vendors directly — a supplier meets it through the district's own confidentiality policy and through the contract. The section was created by Chapter 254, Laws of 1973 (1973 Assembly Bill 573, published 8 June 1974), which took effect on 9 June 1974 — the date the statute itself substitutes for "the effective date of this act" in §118.125(6) — and whose section 3 made it first apply from the beginning of the following school year.
Applicability to EdTech
There is no operator-facing duty here of the SOPIPA kind: §118.125 makes all pupil records confidential in the school's hands and then enumerates the permitted disclosures (§118.125(2)). A vendor matters only insofar as a disclosure to it is one the statute permits, and the school board must adopt policies to maintain confidentiality and may not release records outside those paragraphs.
Two provisions shape retention design rather than access: behavioral records may not be kept more than one year after the pupil ceases to be enrolled, unless the pupil and parent consent (§118.125(3)), and records transfer to a receiving school no later than the next working day (§118.125(4)).
The definitions are the load-bearing part for classification: "pupil records", "behavioral records", "progress records", "pupil physical health records", "directory data" and the law-enforcement-unit terms are each separately defined (§118.125(1)), and the categories carry different disclosure rules.
Key obligations at a glance
- All pupil records maintained by a public school are confidential, except as provided in the enumerated paragraphs — §118.125(2).
- The school board must adopt policies maintaining that confidentiality — §118.125(2).
- Pupil physical health records carry their own confidentiality rule — §118.125(2m).
- The board must adopt written rules on record content and retention; behavioral records are limited to one year after enrolment ends absent consent — §118.125(3).
- Transfer of records to a school the pupil moves to, no later than the next working day — §118.125(4).
- Use of records in suspension or expulsion proceedings — §118.125(5).
- Disclosure of law enforcement unit records — §118.125(7).
Contents
| Document | Covers |
|---|---|
| PUPIL-RECORDS.md | §118.125 in full — definitions, confidentiality and the enumerated disclosures, pupil physical health records, maintenance and destruction, transfer, use in discipline proceedings, existing records, and law enforcement unit records |
Licence
The reproduced text is Wis. Stat. §118.125, enacted by the Wisconsin Legislature and published by the Legislative Reference Bureau on docs.legis.wisconsin.gov, which states that the statutes are "Published and certified under s. 35.18." No copyright subsists in this text. In Georgia v. Public.Resource.Org, Inc., 590 U.S. 255 (2020), the Supreme Court held: "Under what has been dubbed the government edicts doctrine, officials empowered to speak with the force of law cannot be the authors of—and therefore cannot copyright—the works they create in the course of their official duties." It went on: "judges—and, we now confirm, legislators—may not be considered the 'authors' of the works they produce in the course of their official duties as judges and legislators. That rule applies regardless of whether a given material carries the force of law." (slip opinion, pp. 1 and 5–6, read 2026-10-01.)
The page carries no copyright notice (the builder's cached Internet Archive copy, checked 2026-10-01).
Public-domain text carries no conditions. The corpus attributes it all the same: the {.meta} provenance line on each section names the publisher, the Sources section links the official text, and the Meta section describes what the builder changed (markup and anchors only). Nothing here suggests that the Wisconsin Legislature endorses the corpus.
Related
- SDPC Wisconsin WSDPA — the contract layer carrying §118.125's duties into Wisconsin district agreements
- FERPA — the federal education-records regime this sits alongside
- Illinois SOPPA · New York Ed Law §2-d — the neighbouring regimes that do bind vendors directly
Sources
- Wisconsin Legislature — Wis. Stat. §118.125
- Wisconsin Legislature — Wis. Stat. ch. 118 (PDF) — the history note under §118.125 begins "1973 c. 254" (read through the Internet Archive)
- Wisconsin Legislature — Chapter 254, Laws of 1973 — the enacting act: "Date published: June 8, 1974"; section 1 creates 118.125; section 3, "Effective date" (read through the Internet Archive capture of 9 November 2020)