Amendment SA2-SB2

LRBa0128/1

TKK:cjs:rs

2011 - 2012 LEGISLATURE

SENATE AMENDMENT 2, TO 2011 SENATE BILL 2

January 20, 2011 - Offered by Committee on Education.

SB2-SA2,1,1 At the locations indicated, amend the bill as follows:

SB2-SA2,1,2 1. Page 1, line 4: delete "changes to" and substitute "changing".

SB2-SA2,1,4 2. Page 1, line 5: after "program" insert "and permitting certain pupils to submit open enrollment applications outside of the regular application period".

SB2-SA2,1,5 3. Page 3, line 1: before that line insert:

SB2-SA2,1,6 " Section 1g. 118.51 (3) (intro.) of the statutes is created to read:

SB2-SA2,1,9 118.51 (3) (intro.) Except as provided under sub. (3m), the following procedures govern pupil applications to attend a public school in a nonresident school district under this section:".

SB2-SA2,1,10 4. Page 3, line 1: delete " Section 1" and substitute "Section 1r".

SB2-SA2,1,11 5. Page 5, line 18: before that line insert:

SB2-SA2,1,12 " Section 5g. 118.51 (3m) of the statutes is created to read:

SB2-SA2,2,8 118.51 (3m) Alternative application procedures under certain circumstances. (a) Notwithstanding sub. (3), the parent of a pupil who wishes to attend a public school in a nonresident school district under this section may, in lieu of applying under sub. (3), submit an application under this subsection, on a form provided by the department under sub. (15) (a), to the school board of the nonresident school district that the pupil wants to attend if the pupil satisfies at least one of the criteria under par. (b). Applications may be submitted to no more than 3 nonresident school boards in any school year.

SB2-SA2,2,11 (b) The parent of a pupil may apply under this subsection only if the pupil meets one of the following criteria, and shall describe the criteria that the pupil meets in the application:

SB2-SA2,2,16 1. The resident school board determines that the pupil has been the victim of a violent criminal offense, as defined by the department by rule. An application made on the basis of this criteria is not valid unless the nonresident school board receives the application within 30 days after the determination of the resident school board.

SB2-SA2,2,20 2. The pupil is or has been a homeless pupil in the current or immediately preceding school year. In this subdivision, "homeless pupil" means an individual who is included in the category of homeless children and youths, as defined in 42 USC 11434a (2).

SB2-SA2,2,22 3. The pupil has been the victim of repeated bullying or harassment and all of the following apply:

SB2-SA2,2,24 a. The pupil's parent has reported the bullying or harassment to the resident school board.

SB2-SA2,3,2 b. Despite action taken under subd. 3. a., the repeated bullying and harassment continues.

SB2-SA2,3,7 4. The place of residence of the pupil's parent or guardian and of the pupil has changed as a result of military orders. An application made on the basis of this criteria is not valid unless the nonresident school board receives the application no later than 30 days after the date on which the military orders changing the place of residence were issued.

SB2-SA2,3,10 5. The pupil moved into this state. An application made on the basis of this criteria is not valid unless the nonresident school board receives the application no later than 30 days after moving into this state.

SB2-SA2,3,16 6. The place of residence of the pupil has changed as a result of a court order or custody agreement or because the pupil was placed in a foster home or with a person other than the pupil's parent, or removed from a foster home or from the home of a person other than the pupil's parent. An application made on the basis of this criteria is not valid unless the nonresident school board receives the application no later than 30 days after the pupil's change in residence.

SB2-SA2,3,18 7. The parent of the pupil and the nonresident school board agree that attending school in the nonresident school district is in the best interests of the pupil.

SB2-SA2,3,24 (c) If a nonresident school board receives an application under par. (a), the nonresident school board shall immediately forward a copy of the application to the resident school board, and shall notify the applicant, in writing, whether it has accepted the application no later than 20 days after receiving the application. If the nonresident school board has accepted the application, the nonresident school board shall identify the specific school or program that the pupil may attend.

SB2-SA2,4,3 (d) A resident school district may notify an applicant under par. (a) that the pupil may not attend a school or program in the nonresident school district only for the following reasons:

SB2-SA2,4,5 1. The resident school district determines that the criteria relied on by the applicant under par. (b) does not apply to the pupil.

SB2-SA2,4,15 2. a. Except as provided in subd. 2. b., the resident school district determines that the costs of the special education or related services required in the individualized education program under s. 115.787 (2) for a child with a disability whose parent has submitted an application under par. (a), as proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil, and the per pupil special education or related services costs for children with disabilities continuing to be served by the resident school district.

SB2-SA2,4,17 b. Subdivision 2. a. does not apply to a pupil who submits an application under par. (a) if the pupil relied upon the criteria set forth in par. (b) 1.

SB2-SA2,4,25 (e) If an application is accepted by the nonresident school board under par. (c), the pupil may immediately begin attending the school or program in the nonresident school district and shall begin attending the school or program no later than the 15th day following receipt by the parent of the pupil of the notice of acceptance under par. (c). If the pupil has not enrolled in or attended school in the nonresident school district by the day specified in this paragraph, the nonresident school district may notify the pupil's parent, in writing, that the pupil is no longer authorized to attend the school or program in the nonresident school district.

SB2-SA2, s. 5r Section 5r. 118.51 (5) (a) (intro.) of the statutes is amended to read:

SB2-SA2,5,4 118.51 (5) (a) Permissible criteria. (intro.) Except as provided in sub. (3) (a) 2., the criteria for accepting and rejecting applications from nonresident pupils under sub. (3) (a) and (3m) (a) may include only the following:".

SB2-SA2,5,5 6. Page 6, line 3: after that line insert:

SB2-SA2,5,6 " Section 6g. 118.51 (5) (a) 1. b. of the statutes is amended to read:

SB2-SA2,5,8 118.51 (5) (a) 1. b. Pupils and siblings of pupils who have applied under sub. (3) (a) or (3m) (a) and are already attending the nonresident school district.

SB2-SA2, s. 6r Section 6r. 118.51 (5) (a) 1. c. of the statutes is amended to read:

SB2-SA2,5,13 118.51 (5) (a) 1. c. If the nonresident school district is a union high school district, pupils who have applied under sub. (3) (a) or (3m) (a) and are currently attending an underlying elementary school district of the nonresident school district under this section.".

SB2-SA2,5,15 7. Page 6, line 24: after "s. 118.125," insert "for an application submitted under sub. (3) (a),".

SB2-SA2,5,17 8. Page 6, line 25: after " May," insert "and within 10 days of receiving a copy of an application under sub. (3m) (c),".

SB2-SA2,5,18 9. Page 7, line 6: after that line insert:

SB2-SA2,5,19 " Section 9m. 118.51 (9) of the statutes is amended to read:

SB2-SA2,6,8 118.51 (9) Appeal of rejection. If the nonresident school board rejects an application under sub. (3) (a) or (7), the resident school board prohibits a pupil from attending public school in a nonresident school district under sub. (3m) (d), (6), (7) or (12) (b) 1., or the nonresident school board prohibits a pupil from attending public school in the nonresident school district under sub. (11), the pupil's parent may appeal the decision to the department within 30 days after the decision. If the nonresident school board provides notice that the special education or related service is not available under sub. (12) (a), the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. If the resident school board provides notice of transfer under sub. (12) (b) 2., the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable.".