Amendment ASA1-AB393

AB393-ASA1, s. 7 Section 7. 115.79 (2) of the statutes is amended to read:

AB393-ASA1,4,8 115.79 (2) An educational placement is provided to implement a child's individualized education program. Except as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a public school in a nonresident school district under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide an educational placement for the child and shall pay tuition charges instead of the school district in which the child resides if required by the placement.

AB393-ASA1, s. 8 Section 8. 115.792 (1) (b) of the statutes is amended to read:

AB393-ASA1,4,16 115.792 (1) (b) The local educational agency shall establish and maintain procedures to ensure that a child's parents are provided prior written notice whenever the local educational agency proposes to initiate or change, or refuses to initiate or change, the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child. In this paragraph, "local educational agency" includes the nonresident school district that a child is attending under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4).

AB393-ASA1, s. 9 Section 9. 115.792 (3) (a) of the statutes is amended to read:

AB393-ASA1,4,20 115.792 (3) (a) In this subsection, "local educational agency" includes the nonresident school district that a child is attending under s. 118.51 , 121.78 (5), or 121.84 (1) (a) or (4).

AB393-ASA1, s. 10 Section 10. 115.80 (8) of the statutes is amended to read:

AB393-ASA1,5,4 115.80 (8) Except as provided in 20 USC 1415 (k), during the pendency of any proceedings under this section, the local educational agency may not change the educational placement of a child unless the child's parents agree to the change. If the child is applying for initial admission to a public school, the child shall, with the consent of the child's parents, be placed in the public school program until all proceedings under this section have been completed. In this subsection, "local educational agency" includes the nonresident school district that a child is attending under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4).

AB393-ASA1, s. 11 Section 11. 115.82 (2) (c) of the statutes is created to read:

AB393-ASA1,5,7 115.82 (2) (c) If the child is attending a public school in a nonresident school district under s. 121.78 (5), s. 121.78 (5) (e) applies.

AB393-ASA1, s. 12 Section 12. 115.88 (8) of the statutes is amended to read:

AB393-ASA1,5,17 115.88 (8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4) a sum equal to the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB393-ASA1, s. 13 Section 13. 118.51 (3) (a) 2. of the statutes is amended to read:

AB393-ASA1,6,7 118.51 (3) (a) 2. A nonresident school board may not act on any application received under subd. 1. until after the 3rd Friday following the first Monday in February. If a nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept on a random basis, after giving preference first to pupils who transferred to a nonresident school district under s. 121.78 (5) and then at the first opportunity to do so applied for admittance to a nonresident school district under this section, and 2nd to pupils and to siblings of pupils who are already attending public school in the nonresident school district. If a nonresident school board determines that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless accept an applicant who is already attending school in the nonresident school district or a sibling of the applicant required to be given preference.

AB393-ASA1, s. 14 Section 14. 118.51 (6) of the statutes is amended to read:

AB393-ASA1,6,22 118.51 (6) Resident school district transfer limitations. A school board may limit the number of its resident pupils attending public school in other school districts under this section in the 1998-99 school year to 3% of its membership. In each of the 7 succeeding school years, a school board may limit the number of its resident pupils attending public school in other school districts to an additional 1% of its membership. If more than the maximum allowable number of resident pupils apply to attend public school in other school districts in any school year under this section, the school board shall determine which pupils will be allowed to attend public school in other school districts on a random basis, except that the school board shall give preference first to pupils who transferred to a nonresident school district under s. 121.78 (5) and then at the first opportunity to do so applied for admittance to a nonresident school district under this section, and 2nd to pupils who are already attending public school in the school district to which they are applying under this section and to siblings of such pupils.

AB393-ASA1, s. 15 Section 15. 118.51 (14) (a) 1. of the statutes is amended to read:

AB393-ASA1,7,2 118.51 (14) (a) 1. Except as provided in subd. subds. 2. and 3., the parent of a pupil attending public school in a nonresident school district under this section is responsible for transporting the pupil to and from school in the nonresident school district attended by the pupil.

AB393-ASA1, s. 16 Section 16. 118.51 (14) (a) 3. of the statutes is created to read:

AB393-ASA1,7,7 118.51 (14) (a) 3. If the pupil transferred to another school district under s. 121.78 (5) and then at the first opportunity to do so was admitted to a nonresident school district that is contiguous to the school district of residence under this section, s. 121.78 (5) (e) 1. continues to apply to the transportation of the pupil.

AB393-ASA1, s. 17 Section 17. 121.54 (10) of the statutes is amended to read:

AB393-ASA1,7,16 121.54 (10) Attendance in nonresident school district. Subject to s. 118.51 (14) (a) 2., a school board may elect to provide transportation, including transportation to and from summer classes, for nonresident pupils who are attending public school in the school district under s. 118.51, 121.78 (5), or 121.84 (4), or its resident pupils who are attending public school in another school district under s. 118.51, 121.78 (5), or 121.84 (4), or both, except that a school board may not provide transportation under this subsection for a nonresident pupil to or from a location within the boundaries of the school district in which the pupil resides.

AB393-ASA1, s. 18 Section 18. 121.78 (5) of the statutes is created to read:

AB393-ASA1,7,20 121.78 (5) Victims of violent criminal offenses. (a) In this subsection, "violent criminal offense" has the meaning given in the administrative rules promulgated by the department to implement 20 USC 7912.

AB393-ASA1,7,24 (b) A school board shall allow a pupil enrolled in the school district who is the victim of a violent criminal offense, as determined by the school board, to attend a public school outside the school district of residence, and shall pay tuition for the pupil, if all of the following apply:

AB393-ASA1,8,3 1. a. The pupil was the victim of the violent criminal offense while on the school grounds of the school that the pupil attends, during school hours or during a school-sponsored event held at the school that the pupil attends; or

AB393-ASA1,8,8 b. The pupil was the victim of the violent criminal offense while being transported to school to attend curricular programs during school hours, or from school to home immediately following school hours, on a school bus owned, leased, or contracted by the school board or in a motor vehicle operated as an alternative method of providing transportation under s. 121.555.

AB393-ASA1,8,10 2. There is no other public school operated by the school board in the pupil's school district of residence that has the appropriate grade level for the pupil.

AB393-ASA1,8,13 3. The pupil or his or her parent or guardian reports the violent criminal offense to the appropriate law enforcement agency and to the principal of the school that the pupil attends.

AB393-ASA1,8,17 (c) Within 10 working days of an incident being reported under par. (b) 3., the school board shall notify the parent or guardian of the pupil who is enrolled in the school district and who is the victim of the violent criminal offense, in writing, of the opportunity to attend a public school in another school district under. par. (b).

AB393-ASA1,8,25 (d) Notwithstanding s. 121.77 (1) (b), the school board of the school district to which the pupil applies shall admit the pupil, except that the school board may reject the application for any of the reasons specified in s. 118.51 (5) (a). Unless the school board of the school district to which the pupil has applied rejects the application, the school board of the school district of residence and the school board of the school district to which the pupil has applied shall complete the transfer of the pupil within 30 days of the date on which the pupil's application is received by the latter school board.

AB393-ASA1,9,4 (e) 1. If the pupil attends school in a school district that is contiguous to the pupil's school district of residence, the school board of the pupil's school district of residence shall pay to transport the pupil to and from school in the nonresident school district.

AB393-ASA1,9,11 2. If the pupil attends school in a school district that is not contiguous to the pupil's school district of residence, the pupil's parent or guardian is responsible for transporting the pupil to and from school in the nonresident school district, except that, if the pupil is a child with a disability, as defined in s. 115.76 (5), and transportation of the pupil is required in the individualized education program developed for the child under s. 115.787 (2) or is required under s. 121.54 (3), the school board of the school district of attendance shall provide such transportation.

AB393-ASA1,9,15 (f) The school board of the school district of attendance shall allow the pupil to continue to attend school in the school district under this subsection until the first opportunity for the pupil to be admitted to a nonresident school district under the open enrollment program under s. 118.51 occurs.

AB393-ASA1, s. 19 Section 19. Initial applicability.

AB393-ASA1,9,18 (1) This act first applies to violent criminal offenses committed on the effective date of this subsection.

AB393-ASA1,9,19 (End)