LRB-1394/P5
TKK:klm&kjf
2017 - 2018 LEGISLATURE
DOA:......Hynek, BB0180 - Dual Enrollment Support
For 2017-2019 Budget -- Not Ready For Introduction
An Act... relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Primary and secondary education
This bill modifies the Youth Options Program, under which a pupil enrolled in a public school may take one or more courses at an institution of higher education for high school or postsecondary credit, and renames the program to be the Early College Credit Program. With some exceptions, the bill also restores the part-time Open Enrollment Program to its status prior to the enactment of the 2013-15 Biennial Budget Act (
2013 Act 20).
Under the current Youth Options Program, any pupil in the 11th or 12th grades may apply to an institution of higher education to take one or more courses at the institution. Current law defines “institution of higher education” to mean an institution within the UW System, a tribally controlled college, or a private, nonprofit institution of higher education located in this state. The school board of the school district in which the pupil is enrolled must determine whether the course is comparable to a course offered in the school district, whether the course satisfies any of the high school graduation requirements, and the number of high school credits to award the pupil for the course, if any. If the school board determines that the course satisfies high school graduation credits and is not comparable to a course offered by the school district, the school board must pay the institution of higher education on behalf of the pupil. The amount of the payment depends on whether the pupil takes a course at an institution in the UW System or a private institution. If the course is comparable to a course offered by the school district or is taken for postsecondary credit, the pupil is responsible for paying for the course.
This bill adds technical colleges to the definition of “institution of higher education” under the ECCP, opens the ECCP to pupils in all high school grades, and explicitly authorizes a pupil to participate in the ECCP in a summer session or semester. The bill also changes the method for determining the cost of a college course, assigns a certain portion of the cost to the state, and specifies the maximum cost to be paid by the school board, the state, and, for a course taken only for postsecondary credit, by the pupil. In addition, the bill directs DWD to pay the state's portion of the cost of tuition. Finally, the bill requires an institution of higher education to admit a pupil under the program if certain conditions are met.
Prior to the enactment of the 2013-15 Biennial Budget Act (
2013 Act 20), a high school pupil could, under the part-time Open Enrollment Program, apply to take one or two courses at a public school located outside the pupil's school district of residence under certain circumstances. Under the part-time OEP, the pupil's resident school board was required to pay to the nonresident school board an amount equal to the cost of providing the course to the pupil, as determined by the Department of Public Instruction. Also under the part-time OEP, the resident school board could reject the pupil's application if either of the following applied: 1) the resident school board determined that the course conflicted with the pupil's individualized education program or 2) the cost of paying for the pupil to attend the course would impose an undue financial burden on the resident school district.
2013 Act 20 modified the part-time OEP by allowing all pupils, and not just high school pupils, to participate in the program.
2013 Act 20 also permitted a pupil to apply to attend courses not just in a nonresident public school but also at an “educational institution," defined in the act as a UW institution, a technical college, a nonprofit institution of higher education, a tribal college, a charter school, or a nonprofit organization approved by the department.
2013 Act 20 prohibited the educational institution from receiving a payment from the resident school board or the pupil that exceeds the cost of the course as calculated by the department. Finally,
2013 Act 20 prohibited the resident school board from rejecting an application on the basis of financial burden. The 2015-17 Biennial Budget Act (
2015 Act 55) authorized school districts to enter into whole grade sharing agreements whereby all or a substantial portion of the pupils enrolled in one or more grades in one school district may attend school in one or more other school districts.
2015 Act 55 incorporated whole grade sharing agreements into the part-time OEP, and this bill retains references to these agreements.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1. 20.255 (2) (cw) of the statutes is repealed.
****Note: This Section
involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
Section
2. 20.255 (2) (cy) of the statutes is amended to read:
20.255 (2) (cy) Aid for transportation; open enrollment and course options
early college credit program. The amounts in the schedule to reimburse parents for the costs of transportation of open enrollment pupils under ss. 118.51 (14) (b) and 118.52 (11) (b) and for the payment of state aid under s. 118.55 (7g) for the transportation of pupils attending a course at an institution of higher education and receiving credit for the course under s. 118.55 (3) (b).
****Note: This Section
involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
Section
3. 20.445 (1) (d) of the statutes is created to read:
20.445 (1) (d) Reimbursement for tuition payments. The amounts in the schedule to reimburse school districts for payments under s. 118.55 (5) (e) 2.
****Note: This Section
involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
Section
4. 36.11 (3) (c) of the statutes is amended to read:
36.11 (3) (c) Subject to s. 36.31 (2m), the board may establish policies for the appropriate transfer of credits with other educational institutions outside the system, including postsecondary credits earned by a high school pupil enrolled in a course at an educational institution outside the system through the program under s. 118.55. If the board determines that postsecondary credits earned by a high school pupil under the program under s. 118.55 are not transferable under this paragraph, the board shall permit the individual to take an examination to determine the individual's competency in the subject-area of the course and, if the individual receives a passing score on the examination, shall award equivalent credits to the individual.
Section
5. 38.04 (11) (a) 2. of the statutes is amended to read:
38.04 (11) (a) 2. In consultation with the state superintendent of public instruction, the board shall establish, by rule, a uniform format for district boards to use in reporting the number of pupils attending district schools under ss. 118.15 (1) (b), (cm) and (d) and 118.55 (7r) (4) and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in the district's associate degree program and for technical college credit.
Section
6. 38.04 (21) (a) of the statutes is amended to read:
38.04 (21) (a) The number of pupils who attended district schools under ss. 118.15 (1) (b), (cm) and (d) and 118.55 (7r)
(4) in the previous school year.
Section
7. 38.04 (21) (c) of the statutes is amended to read:
38.04 (21) (c) The number of persons who applied for admission to a technical college in the previous school year, who previously earned technical college credit under s. 118.55 (7r) (4) and who applied for admission within one year of graduating from high school.
Section
8. 38.22 (1) (intro.) of the statutes is amended to read:
38.22 (1) (intro.) Except as provided in subs. (1m) and (1s) and s. 118.55 (7r) (4), every person who is at least the age specified in s. 118.15 (1) (b) is eligible to attend a technical college if the person is:
Section
9. 38.28 (1m) (a) 1. of the statutes is amended to read:
38.28 (1m) (a) 1. “District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under ss. 38.12 (9), 38.14 (3) and (9), 118.15 (2) (a), and 118.55 (7r) (4), all receipts from grants awarded under ss. 38.04 (8), (28), and (31), 38.14 (11), 38.26, 38.27, 38.31, 38.33, 38.38, and 38.42, all fees collected under s. 38.24, and driver education and chauffeur training aids.
Section
10. 106.125 of the statutes is created to read:
106.125 Early college credit program. On behalf of the school board of a school district, the department of workforce development shall pay to the department of public instruction the costs of tuition for a pupil who attends an institution of higher education under the program under s. 118.55 as provided under s. 118.55 (5) (e) 2. and 3.
Section
11. 115.28 (54m) of the statutes is amended to read:
115.28 (54m) Notice of educational options. Include on the home page of the department's Internet site a link to information about all of the educational options available to children in the state who are at least 3 years old but not yet 18 years old, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment, youth options, course options in a nonresident school district, the early college credit program, and options for pupils enrolled in a home-based private educational program.
Section
12. 115.38 (1) (d) of the statutes is amended to read:
115.38 (1) (d) The number and percentage of resident pupils attending a course at an educational institution in a nonresident school district under s. 118.52, the number of nonresident pupils attending a course in the school district under s. 118.52, and the courses taken by those pupils.
Section
13. 115.385 (4) of the statutes is amended to read:
115.385 (4) Annually, each public school, including a charter school, and each private school participating in a parental choice program under s. 118.60 or 119.23 shall provide a copy of the school's accountability report to the parent or guardian of each pupil enrolled in or attending the school. Each school shall simultaneously provide to the parent or guardian of each pupil enrolled in the school a list of the educational options available to children who reside in the pupil's resident school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment, youth options, course options in a nonresident school district, the early college credit program, and options for pupils enrolled in a home-based private educational program.
Section
14. 118.52 (title) of the statutes is repealed and recreated to read:
118.52 (title) Part-time open enrollment.
Section
15. 118.52 (1) (am) of the statutes is repealed.
Section
16. 118.52 (2) of the statutes is amended to read:
118.52 (2) Applicability. A Beginning in the 2017-18 school year, a pupil enrolled in a public school in the high school grades may attend an educational institution public school in a nonresident school district under this section for the purpose of taking a course offered by the educational institution nonresident school district. A pupil may attend no more than 2 courses at any time
at educational institutions in nonresident school districts under this section.
Section
17. 118.52 (3) (a) of the statutes is amended to read:
118.52 (3) (a) The parent of a pupil who wishes to attend an educational institution public school in a nonresident school district for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the educational institution at
school board of the nonresident school district in which the pupil wishes to attend a course not later than 6 weeks prior to the date on which the course is scheduled to commence. The application shall specify the course that the pupil wishes to attend and may specify the school or schools at which the pupil wishes to attend the course. The educational institution nonresident school board shall send a copy of the application to the pupil's resident school board, except that if the pupil is attending a school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the educational institution nonresident school district to which the pupil applies under this section shall send a copy of the application to the school board of the district in which the pupil is attending school pursuant to the whole grade sharing agreement.
Section
18. 118.52 (3) (b) of the statutes is amended to read:
118.52 (3) (b) If an educational institution a nonresident school board receives more applications for a particular course than there are spaces available in the course, the educational institution nonresident school board shall determine which pupils to accept on a random basis.
Section
19. 118.52 (3) (c) of the statutes is amended to read:
118.52 (3) (c) No later than one week prior to the date on which the course is scheduled to commence, the educational institution
nonresident school board shall notify the applicant and the resident school board, in writing, whether the application has been accepted and, if the application is accepted, the school at which the pupil may attend the course. If the applicant pupil is attending a school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the educational institution school board of the district to which the pupil applies under this section shall provide the notice required under this paragraph to the school board of the district in which the pupil is attending school pursuant to the whole grade sharing agreement. The acceptance applies only for the following semester, school year, or other session in which the course is offered. If the educational institution
school board of the district to which the pupil applies under this section rejects an application, it shall include in the notice the reason for the rejection.
Section
20. 118.52 (3) (d) 1. of the statutes is amended to read:
118.52 (3) (d) 1. If it denies an application to attend an educational institution public school in a nonresident school district under sub. (6), notify the applicant and the educational institution nonresident school board, in writing, that the application has been denied and include in the notice the reason for the rejection.
Section
21. 118.52 (3) (e) of the statutes is amended to read:
118.52 (3) (e) Following receipt of a notice of acceptance but prior to the date on which the course is scheduled to commence, the pupil's parent shall notify the resident school board, or, if the pupil is attending school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the school board of the district in which the pupil is attending school, and the educational institution school board of the district to which the pupil applies under this section of the pupil's intent to attend the course
at in the educational institution school district to which the pupil applies under this section.
Section
22. 118.52 (6) (a) of the statutes is amended to read:
118.52 (6) (a) Individualized education program requirements. The school board of a pupil's resident school district, or, if the pupil is attending school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the school board of the district in which the pupil is attending school, shall reject a pupil's application to attend a course at an educational institution in a public school in a nonresident school district under this section if the resident school board or the school board of the district in which the pupil is attending school, respectively, determines that the course conflicts with the individualized education program for the pupil under s. 115.787 (2).
Section
23. 118.52 (6) (b) of the statutes is created to read:
118.52 (6) (b) Undue financial burden. The school board of a pupil's resident school district may reject an application to attend a course in a public school in a nonresident school district if the cost of the course would impose upon the 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 cost for children continuing to be served by the resident school district.
Section
24. 118.52 (6) (c) of the statutes is repealed.
Section
25. 118.52 (8) of the statutes is amended to read:
118.52 (8) Appeal of rejection. If an application is rejected under sub. (3) (c) or a pupil is prohibited from attending a course at an educational institution in a public school in a nonresident school district under sub. (6), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the decision unless the department finds that the decision was arbitrary or unreasonable. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.
Section
26. 118.52 (9) of the statutes is amended to read:
118.52 (9) Rights and privileges of nonresident pupils. A pupil attending a course at an educational institution in a public school in a nonresident school district under this section has all of the rights and privileges of other pupils attending the educational institution residing in that school district and is subject to the same rules and regulations as those pupils residing in that school district.
Section
27. 118.52 (10) of the statutes is amended to read:
118.52 (10) Disciplinary records. Notwithstanding s. 118.125, the resident school board shall provide to the educational institution nonresident school board to which a pupil has applied under this section, upon request by that
educational institution school board, a copy of any expulsion findings and orders, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding
, and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.
Section
28. 118.52 (11) (a) of the statutes is amended to read:
118.52 (11) (a) Responsibility. The parent of a pupil attending a course at an educational institution in a public school in a nonresident school district under this section is responsible for transporting the pupil to and from the course that the pupil is attending.
Section
29. 118.52 (11) (b) of the statutes is amended to read:
118.52
(11) (b)
Low-income assistance. The parent of a pupil who is attending a course
at an educational institution in a public school in a nonresident school district under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the
educational institution that school at which the pupil is attending
for the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The department shall give preference under this paragraph to those pupils who satisfy the income eligibility criteria for a free or reduced-price lunch under
42 USC 1758 (b) (1).
Section
30. 118.52 (12) (a) of the statutes is renumbered 118.52 (12) and amended to read:
118.52 (12) The resident school board shall pay to the educational institution nonresident school board, for each resident pupil attending a course at the educational institution in a public school in the nonresident school district under this section, an amount equal to the cost of providing the course to the pupil, calculated in a manner determined by the department. Except as provided in par. (b), the educational institution may not charge to or receive from the pupil or the pupil's resident school board any additional payment for a pupil attending a course at the educational institution under this section.
Section
31. 118.52 (12) (b) of the statutes is repealed.
Section
32. 118.55 (title) of the statutes is amended to read:
118.55 (title) Youth options Early college credit program.
Section
33. 118.55 (1) of the statutes is renumbered 118.55 (1) (intro.) and amended to read:
118.55 (1) Definition. (intro.) In this section, “institution of higher education" means an all of the following:
(a) An institution within the University of Wisconsin System, a technical college within the technical college system, or a tribally controlled college or a .
(b) A private, nonprofit institution of higher education located in this state.
Section
34. 118.55 (2) (a) of the statutes is amended to read:
118.55 (2) (a) Subject to par. (b) and sub. (7t) (c), any public high school pupil enrolled in the 11th or 12th grade who is not attending a technical college under sub. (7r) or s. 118.15 (1) (b) may enroll in an institution of higher education for the purpose of taking one or more nonsectarian courses at the institution of higher education, including during a summer semester or session. The pupil shall submit an application to the institution of higher education in the previous school semester. The pupil shall indicate on the application whether he or she will be taking the course or courses for high school credit or postsecondary credit or both, if applicable. The pupil shall also specify on the application that, if he or she is admitted, the institution of higher education may disclose the pupil's grades, the courses that he or she is taking, and his or her attendance record to the public school in which the pupil is enrolled.
Section
35. 118.55 (3) (title) of the statutes is amended to read:
118.55 (3) (title) Notification of school board; determination of high school credit; notification of postsecondary credit.
Section
36. 118.55 (3) (c) of the statutes is created to read:
118.55 (3) (c) If the pupil specifies in the notice under par. (a) that he or she intends to take a course for postsecondary credit at an institution of higher education that is within the University of Wisconsin System, the board of regents of the University of Wisconsin System shall notify the pupil whether credits earned for the course are transferable between and within institutions within the system.
Section
37. 118.55 (4) (a) of the statutes is renumbered 118.55 (4) (a) (intro.) and amended to read:
118.55 (4) (a) (intro.) An institution of higher education may shall admit a pupil to attend a course under this section only if it has all of the following apply:
2. There is space available in the course.
Section
38. 118.55 (4) (a) 1. of the statutes is created to read:
118.55 (4) (a) 1. The pupil meets the requirements and prerequisites of the course.
Section
39. 118.55 (5) (intro.) of the statutes is amended to read:
118.55 (5) Payment
Responsibility for and determination of costs; payment and reimbursement for certain costs. (intro.) Subject to sub. (7t), within 30 days after the end of the semester, the school board of the school district in which a pupil attending an institution of higher education under this section is enrolled shall pay the institution of higher education, on behalf of the pupil,
be responsible for the following amount for any course that is taken for high school credit and that is not comparable to a course offered in the school district:
Section
40. 118.55 (5) (a) of the statutes is amended to read:
118.55 (5) (a) If the pupil is attending an institution within the University of Wisconsin System, taking a course for high school credit, regardless of whether the course is also taken for postsecondary credit, and if the course is not comparable to a course offered in the school district, 75 percent of the actual cost of tuition, fees, books and other necessary materials directly related to for the course, as determined under par. (d). If the pupil takes a course described under this paragraph at a high school in a school district, the school board of the school district shall be responsible for the costs of books and other necessary materials for the course.
Section
41. 118.55 (5) (b) of the statutes is created to read:
118.55 (5) (b) If the pupil is taking a course for postsecondary credit and if the course is not comparable to a course offered in the school district, 25 percent of the actual cost of tuition for the course, as determined under par. (d).
Section
42. 118.55 (5) (c) of the statutes is repealed.
Section
43. 118.55 (5) (d) 2. of the statutes is created to read:
118.55 (5) (d) 2. For an institution of higher education under sub. (1) (b), no more than 33 percent of the amount charged under subd. 1. by an institution within the University of Wisconsin System. Subject to sub. (7t), neither the institution of higher education nor the school board may charge any additional costs or fees to a pupil to attend a course under this section.
Section
44. 118.55 (5) (e) of the statutes is created to read:
118.55 (5) (e) 1. Subject to sub. (7t), within 30 days after the end of the semester, the school board of the school district in which a pupil who attended an institution of higher education under this section was enrolled shall pay the institution, on behalf of the pupil, the amount determined under par. (d) and shall submit an itemized report to the department of the amounts paid under this subdivision.
2. Subject to subd. 3., from the appropriation under s. 20.445 (1) (d), the secretary of the department of workforce development shall, on behalf of the school board of a school district in which a pupil who attended an institution of higher education under this section was enrolled, pay to the department of public instruction the following amount:
a. For a pupil who took a course for high school credit, as described in par. (a), 25 percent of the actual cost of tuition for the course, as determined under par. (d). The department of public instruction shall reimburse the school board of the school district the amount received from the department of workforce development under this subd. 2. a.
b. For a pupil who took a course for postsecondary credit, as described in par. (b), 50 percent of the actual cost of tuition for the course, as determined under par. (d). The department of public instruction shall reimburse the school board of the school district the amount received from the department of workforce development under this subd. 2. b.
3. If the appropriation under s. 20.445 (1) (d) in any fiscal year is insufficient to reimburse all school districts eligible for the full amount of reimbursable tuition costs under subd. 2., the secretary of the department of workforce development shall notify the state superintendent, who shall prorate the amount of the payments under subd. 2. among eligible school districts.
Section
45. 118.55 (6) (c) of the statutes is renumbered 118.55 (6) (c) 1. and amended to read:
118.55 (6) (c) 1. A Except as provided in subd. 2., a pupil taking a course under this section at an institution of higher education only for postsecondary credit under this section is responsible for 25 percent of the actual cost of tuition and fees for the course, as determined under sub. (5) (d). The school board of the school district in which the pupil attending an institution under this section is enrolled shall establish a written policy governing the timing and method for recovering from the pupil or the pupil's parent or guardian the pupil's share of tuition as specified in this subdivision.
Section
46. 118.55 (6) (c) 2. of the statutes is created to read:
118.55 (6) (c) 2. The school board shall waive the pupil's responsibility for costs under subd. 1. pupil if the department determines that the cost of the course would pose an undue financial burden on the pupil's family.
Section
47. 118.55 (7g) of the statutes is amended to read:
118.55
(7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2)
(cw) (cy). The state superintendent shall give preference under this subsection to those pupils who satisfy the income eligibility criteria for a free or reduced-price lunch under
42 USC 1758 (b) (1).
Section
48. 118.55 (7r) of the statutes is repealed.
Section
49. 118.55 (7t) (a) of the statutes is amended to read:
118.55 (7t) (a) A school board may establish a written policy limiting the number of credits for which the school board will pay under subs. sub. (5) and (7r) (d) to the equivalent of 18 postsecondary semester credits per pupil.
Section
50. 118.55 (7t) (b) of the statutes is renumbered 118.55 (5) (d) (intro.) and amended to read:
118.55 (5) (d) (intro.) If a school board is required to pay tuition and fees on behalf of a pupil under sub. (5) (a) or (c) 1. or (7r) (d) this subsection, the tuition and fees charged for each credit assigned to the course may not exceed the following:
1. For an institution of higher education under sub. (1) (a), one-third of the amount that would be charged a pupil for each credit assigned to the course to an individual who is a resident of this state and who is enrolled in the educational institution as an undergraduate student. Subject to sub. (7t), neither the institution of higher education nor the school board may charge any additional costs or fees to a pupil to attend a course under this section.
Section
51. 118.55 (8) (title) of the statutes is amended to read:
118.55 (8) (title) Program information; agreement.
Section
52. 118.55 (8) of the statutes is renumbered 118.55 (8) (a) and amended to read:
118.55 (8) (a) Annually by October 1, each school board shall provide information about the program under this section to all pupils enrolled in the school district in the 8th, 9th, 10th, and 11th grades.
Section
53. 118.55 (8) (b) of the statutes is created to read:
118.55 (8) (b) A school board may enter into an agreement with an institution of higher education to facilitate the dual enrollment program under this section.
Section
54. 118.57 (1) of the statutes is amended to read:
118.57 (1) Annually, by January 31, each school board shall publish as a class 1 notice, under ch. 985, and post on its Internet site a description of the educational options available to the child children in the school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment, youth options, and course options in a nonresident school district, and the early college credit program.
Section
55. 121.05 (1) (a) 5. of the statutes is amended to read:
121.05 (1) (a) 5. Pupils attending a technical college under s. 118.15 (1) (b) and pupils attending an institution of higher education or a technical college under s. 118.55.
(End)
