2017 - 2018 LEGISLATURE
January 16, 2018 - Introduced by
Law Revision Committee. Referred to Committee
1An Act to repeal
115.33 (4), 118.035 (5), 118.38 (4), 118.51 (4) (a) 4., 118.51 (6), 2
118.51 (7) (a) and 121.91 (5) (b); to renumber
118.51 (7) (b) and 121.91 (5) (a); 3
and to amend
115.28 (43), 118.51 (3) (a) 4., 118.51 (9), 118.57 (2) and 119.04 (1) 4
of the statutes; relating to: open enrollment and repealing outdated or expired
5reporting requirements and tuberculosis screening (suggested as remedial
6legislation by the Department of Public Instruction).
Analysis by the Legislative Reference Bureau
This bill eliminates an expired provision of the open enrollment program and
a provision in the OEP that permits a school district to deny the transfer of a pupil
into or out of the school district if the transfer would increase racial imbalance in the
school district. In December 2007, the Wisconsin attorney general issued an opinion
finding this provision to be unenforceable based upon a decision of the U.S. Supreme
Court in Parents Involved in Community Schools, et al. v. Seattle School District No.
1, 551 U.S. 701 (2007).
In addition, this bill adds a missing cross-reference to make the changes to the
tuberculosis screening requirements under 2017 Wisconsin Act 107
applicable to the
Milwaukee Public Schools. Act 107 requires a school district to, with limited
exceptions, condition employment in the school district on the completion of a
physical examination that includes a screening questionnaire for tuberculosis. Prior
to Act 107, the physical examination requirements, including tuberculosis screening
requirements, applied to all school districts except MPS. Act 107 eliminated the
language exempting MPS, but did not insert a cross-reference to the statutory
provision that makes general school laws applicable to a first class city school
This bill also eliminates a number of expired or outdated reporting
requirements imposed on the Department of Public Instruction. Eliminated in this
bill are a requirement to submit a report to the legislature and to the governor, by
January 1, 2001, and January 1, 2003, regarding DPI's progress in securing school
safety funding; a requirement to submit to the standing committees of the legislature
a report summarizing the physical condition and capacity of the state's public
schools; and a requirement to submit, by July 1, 2005, a report to the standing
committees of the legislature on the imposition of school uniforms by school boards.
Finally, the bill corrects an incorrect cross-reference in a provision requiring
DPI to provide notice of educational options.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Public Instruction and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
115.28 (43) of the statutes is amended to read:
115.28 (43) School safety funding.
With the department of justice, seek and 3
apply for federal funds relating to school safety and reducing violence and disruption 4
in schools, including funds for alternative schools or programs.
5shall make a report by January 1, 2001, and January 1, 2003, of its progress in
6applying for and obtaining funds under this subsection. The report shall be provided
7to the legislature in the manner provided under s. 13.172 (2) to the cochairpersons
8of the joint committee on finance and to the governor.
Note: This Section deletes a requirement to submit reports to the Legislature by
January 1, 2001, and January 1, 2003, of progress in seeking federal school safety funds.
115.33 (4) of the statutes is repealed.
Note: This Section deletes a requirement for the State Superintendent to conduct
a study of the physical condition, capacity, and suitability of the public schools and submit
a report to the appropriate legislative standing committees.
118.035 (5) of the statutes is repealed.
Note: This Section deletes a requirement for DPI to submit a report to the
appropriate legislative standing committees by July 1, 2005, regarding school board
imposition of school uniforms.
118.38 (4) of the statutes is repealed.
Note: This Section deletes a requirement for DPI to submit a report to the
appropriate legislative standing committees and the Governor by July 1, 2000, regarding
school board requests for waivers from statutory or administrative rule requirements.
118.51 (3) (a) 4. of the statutes is amended to read:
(a) 4. On or before the 2nd Friday following the first Monday in June 5
following receipt of a copy of the application, if a resident school board denies a pupil's 6
enrollment in a nonresident school district under sub. (6) or (7)
, the resident school 7
board shall notify the applicant and the nonresident school board, in writing, that 8
the application has been denied and include in the notice the reason for the denial.
Note: Sections 5, 6
, and 10 remove cross-references to statutory subsections
deleted in Sections 7 and 8.
118.51 (4) (a) 4. of the statutes is repealed.
118.51 (6) of the statutes is repealed.
Note: This Section repeals an expired provision granting school boards authority
to limit the number of students open enrolling into other districts during the school years
from 1998-99 to 2005-06.
118.51 (7) (a) of the statutes is repealed.
Note: This Section repeals the authority for a school board eligible for special
transfer aid under subch. VI of ch. 121, Stats., (commonly known as “Chapter 220 Aid”)
to reject an open enrollment application if the transfer into or out of the school district
would increase racial imbalance in the district. The Wisconsin Attorney General opined
in 2007 that this provision is unconstitutional under the U.S. Supreme Court's decision
in Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701
118.51 (7) (b) of the statutes is renumbered 118.51 (7).
118.51 (9) Appeal of rejection.
If the nonresident school board rejects an 2
application under sub. (3) (a) or (7), the resident school board prohibits a pupil from 3
attending public school in a nonresident school district under sub. (3m) (d), (6), or (7), 4
or the nonresident school board prohibits a pupil from attending public school in the 5
nonresident school district under sub. (11), the pupil's parent may appeal the 6
decision to the department within 30 days after the decision. If the nonresident 7
school board provides notice that the special education or related service is not 8
available under sub. (12) (b), the pupil's parent may appeal the required transfer to 9
the department within 30 days after receipt of the notice. The department shall 10
affirm the school board's decision unless the department finds that the decision was 11
arbitrary or unreasonable.
118.57 (2) of the statutes is amended to read:
The school board shall include in the notice under sub. (1) the most 14
recent performance category assigned under s. 115.385 (2) (1) (b)
to each school 15
within the school district boundaries, including charter schools established under s. 16
118.40 (2r) or (2x) and private schools participating in a parental choice program 17
under s. 118.60 or 119.23. The notice published by the school board shall inform 18
parents that the full school and school district accountability report is available on 19
the school board's Internet site.
Note: This Section updates an incorrect cross-reference.
Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 23
66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 24
115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.38 (2), 115.415, 115.445, 118.001
to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 2
118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 3
118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 4
118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 5
118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) 6
to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), 7
(37m), (38), and (39), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable 8
to a 1st class city school district and board but not, unless explicitly provided in this 9
chapter or in the terms of a contract, to the commissioner or to any school transferred 10
to an opportunity schools and partnership program.
inserts a cross-reference to required health examinations for
school employees into ch. 119, First Class City School System, the chapter governing the
Milwaukee Public Schools (MPS). This gives effect to a change made by 2017 Wisconsin
to require all school districts to condition employment of school district employees
on a physical exam, including a tuberculosis screening questionnaire, by eliminating an
exception that previously existed for MPS.
121.91 (5) (a) of the statutes is renumbered 121.91 (5).
121.91 (5) (b) of the statutes is repealed.
Note: This Section deletes a requirement for the State Superintendent to submit
a report to the Governor and the appropriate legislative standings committees regarding
requests by school boards and requests granted by the State Superintendent for increases
to a school district's revenue limit made under a previous statutory provision.