115.33 (2) (b) The department of commerce safety and professional services shall inspect the school within 30 days after receiving a request from the state superintendent under par. (a).
32,2448 Section 2448. 115.33 (3) (a) of the statutes is amended to read:
115.33 (3) (a) If the state superintendent determines that a school is not in compliance, and the department of commerce safety and professional services, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to repair, improve, remodel or close the school by a stated date. An order issued under this paragraph constitutes a preliminary finding of noncompliance with the standard under s. 121.02 (1) (i).
32,2449 Section 2449. 115.33 (3) (b) 1. of the statutes is amended to read:
115.33 (3) (b) 1. If the state superintendent determines that a school is not in compliance and is not worth repairing, and the department of commerce safety and professional services, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to develop a plan that describes how the school board will achieve compliance with the standard under s. 121.02 (1) (i). The plan shall specify the time within which compliance with the standard under s. 121.02 (1) (i) shall be achieved. The state superintendent shall hold a public hearing on the plan in the school district and may, as a result of the hearing, recommend changes to the plan. The state superintendent may withhold up to 25% of the school district's state aid if the school district fails to achieve compliance with the standard under s. 121.02 (1) (i) within the period specified in the plan.
32,2451 Section 2451. 115.361 of the statutes is repealed.
32,2453 Section 2453. 115.39 of the statutes is repealed.
32,2454 Section 2454. 115.405 (2m) of the statutes is repealed.
32,2457 Section 2457. 115.45 of the statutes is repealed.
32,2458 Section 2458. 115.53 (3) (a) and (b) of the statutes are consolidated, renumbered 115.53 (3) and amended to read:
115.53 (3) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing. The examination shall be paid for from the appropriation in s. 20.255 (1) (b), (gh) or (gs). (b) Arrange for ophthalmic or otological examination of any pupil or prospective pupil of or the school operated by the Wisconsin Center for the Blind and Visually Impaired. The examination shall be paid for from the appropriation in under s. 20.255 (1) (b), (gh), (gL), or (gs).
32,2459 Section 2459. 115.53 (4) (unnumbered first par.) and (a) of the statutes are consolidated, renumbered 115.53 (4) and amended to read:
115.53 (4) Apply to the board of directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the University of Wisconsin Hospitals and Clinics of any pupil at the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the school operated by the Wisconsin Center for the Blind and Visually Impaired. (a) The application shall be accompanied by the report of a physician appointed by the director of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the director of the Wisconsin Center for the Blind and Visually Impaired and shall be in the same form as reports of other physicians for admission of patients to such hospital.
32,2460 Section 2460. 115.53 (4) (b) of the statutes is repealed.
32,2472 Section 2472. 118.07 (2) (b) of the statutes is amended to read:
118.07 (2) (b) In each community having a recognized fire department, the person having direct charge of any public or private school shall annually file a report pertaining to such drills, on a form furnished by the department of commerce safety and professional services, with the chief of the fire department. When no fire drill is held during any month, or when only one or no tornado or other hazard drill is held in a year, the person having direct charge of the school shall state the reasons in the report.
32,2473 Section 2473. 118.075 (2) (a) 2. of the statutes is amended to read:
118.075 (2) (a) 2. The secretary of commerce safety and professional services or his or her designee.
32,2476m Section 2476m. 118.125 (4) of the statutes is amended to read:
118.125 (4) Transfer of records. Within 5 working days, a school district and a private school participating in the program under s. 118.60 or in the program under s. 119.23 shall transfer to another school, including a private or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.
32,2476p Section 2476p. 118.134 (3) (a) of the statutes is amended to read:
118.134 (3) (a) The state superintendent shall issue a decision and order within 45 days after the hearing. If the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name does not promote discrimination, pupil harassment, or stereotyping, the state superintendent shall dismiss the complaint. Except as provided in par. pars. (b) and (d), if the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name promotes discrimination, pupil harassment, or stereotyping, the state superintendent shall order the school board to terminate its use of the race-based nickname, logo, mascot, or team name within 12 months after issuance of the order.
32,2476r Section 2476r. 118.134 (3) (d) of the statutes is created to read:
118.134 (3) (d) No school district required by a decision and order issued under this subsection on or before the effective date of this paragraph .... [LRB inserts date], to terminate the use of a race-based nickname, logo, mascot, or team name shall be required to comply with the terms of that decision and order until January 15, 2013.
32,2477 Section 2477. 118.135 (2) of the statutes is amended to read:
118.135 (2) A pupil who complies with a request under sub. (1) shall provide evidence of an eye examination or evaluation by December 31 following the pupil's enrollment in kindergarten. The school board or charter school shall provide pupils with the form distributed by the department of regulation and licensing safety and professional services under s. 440.03 (16) for that purpose.
32,2482m Section 2482m. 118.153 (3) (c) 2. of the statutes is amended to read:
118.153 (3) (c) 2. The school board may contract with the agencies identified under subd. 1. for not more than 30% of the children at risk enrolled in the school district if the school board determines that the agencies can adequately serve such children.
32,2488b Section 2488b. 118.30 (1g) (a) 4. of the statutes is created to read:
118.30 (1g) (a) 4. The governing body of each private school participating in the program under s. 118.60 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.
32,2488e Section 2488e. 118.30 (1t) of the statutes is created to read:
118.30 (1t) Annually, the governing body of each private school participating in the program under s. 118.60 shall do all of the following:
(a) Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 4th grade in the private school under s. 118.60.
(b) Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 8th grade in the private school under s. 118.60.
(c) Administer the 10th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 10th grade in the private school under s. 118.60.
(d) Administer to pupils attending the private school under s. 118.60 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (3).
32,2488h Section 2488h. 118.30 (2) (b) 1. of the statutes is amended to read:
118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board, operator of the charter school under s. 118.40 (2r), governing body of the private school participating in the program under s. 118.60, or governing body of the private school participating in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).
32,2488L Section 2488L. 118.30 (2) (b) 2. of the statutes is amended to read:
118.30 (2) (b) 2. According to criteria established by the state superintendent by rule, the school board, operator of the charter school under s. 118.40 (2r), governing body of the private school participating in the program under s. 118.60, or governing body of the private school participating in the program under s. 119.23 may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language, or may modify the format and administration of an examination for such pupils.
32,2488p Section 2488p. 118.30 (2) (b) 6. of the statutes is created to read:
118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 118.60 shall excuse the pupil from taking an examination administered under sub. (1t) (a) to (c).
32,2488pq Section 2488pq. 118.30 (5) of the statutes is created to read:
118.30 (5) Beginning in the 2014-15 school year, the department shall ensure that benchmark assessments are administered to pupils annually under this section prior to the administration of summative assessments under this section.
32,2488pt Section 2488pt. 118.30 (5m) of the statutes is created to read:
118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.
32,2488r Section 2488r. 118.33 (1) (f) 2r. of the statutes is created to read:
118.33 (1) (f) 2r. The governing body of each private school participating in the program under s. 118.60 shall develop a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 118.60. The criteria shall include the pupil's academic performance and the recommendations of teachers.
32,2488u Section 2488u. 118.33 (1) (f) 3. of the statutes is amended to read:
118.33 (1) (f) 3. Beginning on September 1, 2005, neither a school board nor an operator of a charter school under s. 118.40 (2r) may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2. Beginning on September 1, 2010, the governing body of a private school participating in the program under s. 119.23 may not grant a high school diploma to any pupil attending the private school under s. 119.23 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2m. The governing body of a private school participating in the program under s. 118.60 may not grant a high school diploma to any pupil attending the private school under s. 118.60 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2r.
32,2488y Section 2488y. 118.33 (6) (cr) of the statutes is created to read:
118.33 (6) (cr) 1. The governing body of each private school participating in the program under s. 118.60 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 118.60 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1t) (a) or (b), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.
2. The governing body of a private school participating in the program under s. 118.60 may not promote a 4th grade pupil who is attending the private school under s. 118.60 to the 5th grade, and may not promote an 8th grade pupil who is attending the private school under s. 118.60 to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the governing body's policy under subd. 1.
32,2489 Section 2489. 118.35 (4) of the statutes is amended to read:
118.35 (4) From the appropriation under s. 20.255 (2) (fy), the department shall award grants to nonprofit organizations, cooperative educational service agencies, institutions within the University of Wisconsin System, and the school district operating under ch. 119 for the purpose of providing advanced curriculum and assessments for to gifted and talented pupils those services and activities not ordinarily provided in a regular school program that allow such pupils to fully develop their capabilities.
32,2499 Section 2499. 118.40 (2r) (e) 1. a. of the statutes is renumbered 118.40 (2r) (e) 1m. and amended to read:
118.40 (2r) (e) 1m. In the 2009-10 2011-12 and 2010-11 2012-13 school years, from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this subdivision paragraph in the previous school year and the increase in the per pupil amount paid to private schools under s. 119.23 (4) (b) 2. or (bg) in the current school year as compared to the previous school year, multiplied by the number of pupils attending the charter school.
32,2500 Section 2500. 118.40 (2r) (e) 1. b. of the statutes is renumbered 118.40 (2r) (e) 2m. and amended to read:
118.40 (2r) (e) 2m. In the 2011-12 2013-14 school year and in each school year thereafter, from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this subdivision paragraph in the previous school year and the per pupil revenue limit adjustment under s. 121.91 (2m) in the current school year, multiplied by the number of pupils attending the charter school.
32,2501 Section 2501. 118.40 (2r) (e) 1. c. of the statutes is renumbered 118.40 (2r) (e) 3m. and amended to read:
118.40 (2r) (e) 3m. The amount paid per pupil under this subdivision paragraph may not be less than the amount paid per pupil under this subdivision paragraph in the previous school year. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school.
32,2502m Section 2502m. 118.40 (2r) (e) 2. of the statutes is renumbered 118.40 (2r) (e) 4. and amended to read:
118.40 (2r) (e) 4. If the chancellor of the University of Wisconsin-Parkside establishes or contracts for the establishment of a charter school under this subsection, in March the department shall pay to the unified school district in which the charter school is located, from the appropriation under s. 20.255 (2) (fm), an amount equal to the amount of school aid per pupil to which the unified school district is eligible in the current school year multiplied by the number of pupils attending the charter school who were previously enrolled in the unified school district, except that the payment may not exceed $1,000,000 in the 2011-12 school year and may not exceed $750,000 in the 2012-13 school year. No aid may be paid under this subdivision after the 2012-13 school year.
32,2503 Section 2503. 118.40 (2r) (f) of the statutes is repealed.
32,2507 Section 2507. 118.40 (8) (h) of the statutes is repealed.
32,2507b Section 2507b. 118.43 (2) (b) 2. of the statutes is amended to read:
118.43 (2) (b) 2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of the school under s. 115.45, 2009 stats.
32,2507e Section 2507e. 118.43 (2) (bg) 2. of the statutes is amended to read:
118.43 (2) (bg) 2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of the school under s. 115.45, 2009 stats.
32,2507h Section 2507h. 118.43 (2) (br) 2. of the statutes is amended to read:
118.43 (2) (br) 2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of any of the schools under s. 115.45, 2009 stats.
32,2507j Section 2507j. 118.43 (2) (bt) 2. of the statutes is amended to read:
118.43 (2) (bt) 2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of any of the schools under s. 115.45, 2009 stats.
32,2507L Section 2507L. 118.43 (2) (bv) of the statutes is created to read:
118.43 (2) (bv) In the 2011-12 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if, in the 2010-11 school year, the school board received a grant under the preschool to grade 5 program on behalf of the schools under s. 115.45, 2009 stats.
32,2507n Section 2507n. 118.43 (2) (g) of the statutes is amended to read:
118.43 (2) (g) The department may renew an achievement guarantee contract under pars. (b), (bg), (br), and (bt), and (bv) for one or more terms of 5 school years. Except as provided in sub. (3m), as a condition of receiving payments under a renewal of an achievement guarantee contract, a school board shall maintain the reduction of class size achieved during the last school year of the original achievement guarantee contract for the grades specified for the last school year of the contract.
32,2507p Section 2507p. 118.43 (3) (intro.) of the statutes is amended to read:
118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am), (ar), and (at), and (av), an achievement guarantee contract shall require the school board to do all of the following in each participating school:
32,2507r Section 2507r. 118.43 (3) (av) of the statutes is created to read:
118.43 (3) (av) Class size; additional contracts. For contracts that begin in the 2011-12 school year, reduce each class size to 18 in the following manner:
1. In the 2011-12 school year, in at least grades kindergarten and one.
2. In the 2012-13 school year, in at least grades kindergarten to 2.
3. In the 2013-14 to 2015-16 school years, in at least grades kindergarten to 3.
32,2507u Section 2507u. 118.43 (3m) (b) of the statutes is amended to read:
118.43 (3m) (b) A school board operating under an achievement guarantee contract entered into under sub. (3) (at) or (av) may combine 2 classes subject to the class size limitation in any school covered by the contract having at least 2 regular classroom teachers when the classes are combined if the combined class size is not greater than 30.
32,2507y Section 2507y. 118.43 (6) (b) 10. of the statutes is amended to read:
118.43 (6) (b) 10. In the 2010-11 school year and any subsequent school year, $2,250 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (at) and (av) and by renewals of contracts under sub. (2) (g).
32,2513b Section 2513b. 118.51 (3) (a) 6. of the statutes is amended to read:
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