AB347: Bill Text

AB347,6,4 118.50 Definitions. In this subchapter:

AB347,6,5 (1) "Attendance area" has the meaning given in s. 121.845 (1).

AB347,6,6 (4) "Parent" includes a guardian.

AB347,6,21 118.51 Interdistrict school choice. (1) Applicability; application procedures. (a) Beginning in the 1996-97 school year, a pupil may attend a public school, including a prekindergarten, early childhood or school-operated day care program, outside his or her school district of residence under this section. The pupil's parent shall submit an application, on a form provided by the state superintendent, to the school board of the school district that the pupil wishes to attend by February 1 of the school year immediately preceding the school year in which he or she wishes to attend, and shall send a copy of the application to the school board of the school district of residence. The application may include a request to attend a specific school or program offered by the school district. By April 1 following receipt of the application, the school board shall notify the applicant, in writing, whether the application has been accepted. If the school board rejects an application, it shall include in the notice the reason for the rejection. By May 1 following receipt of a notice of acceptance, the pupil's parent shall notify the school board of the pupil's intent to attend school in the school district in the following school year.

AB347,7,2 (am) A school board may not act on any application received under par. (a) until after February 1. A school board shall act on applications in the order in which they were received, except that if a school board receives more applications for a particular grade or program than there are spaces available in the grade or program the school board shall determine which pupils to accept on a random basis.

AB347,7,6 (b) Annually by May 15, each school board of a school district that has accepted nonresident pupils under this section shall notify the school board of the school district of residence of the names of the pupils from the latter school district who will be attending the former school district in the following school year.

AB347,7,16 (c) 1. If a pupil's parent notifies the school board of a nonresident school district that the pupil intends to attend school in that school district in the following school year under par. (a), the pupil shall attend that school district in the following school year. If at any time the pupil wishes to reattend school in his or her school district of residence, the pupil's parent shall notify the school boards of the school districts of residence and of attendance by February 1 preceding the school year in which the pupil will begin reattending the school district of residence. If at any time the pupil wishes to attend school in a school district other than the school district that he or she is currently attending or his or her school district of residence, the pupil's parent shall follow the application procedure under par. (a).

AB347,7,19 2. Notwithstanding subd. 1., a pupil attending school outside his or her school district of residence under this section may reattend school in his or her school district of residence at any time if the school boards of both school districts agree.

AB347,7,23 (2) Acceptance criteria. (a) By December 1, 1995, each school board shall adopt a resolution specifying criteria for accepting and rejecting applications. If the school board wishes to revise the criteria, it shall do so by resolution. The criteria may include any of the following:

AB347,8,3 1. The availability of space in the school, program, class or grade. The school board may give preference in attendance at a school, program, class or grade to residents of the school district who live outside the school's attendance area.

AB347,8,5 2. Whether the pupil is involved in a disciplinary proceeding, as determined by the school board of the school district to which the pupil has applied.

AB347,8,9 (am) The criteria may not include academic achievement, athletic or other special ability, English language proficiency, the presence of a physical, mental, emotional or learning disability, previous disciplinary proceedings or anything else not specified in par. (a) 1. and 2., except as provided under par. (b).

AB347,8,13 (b) 1. A school board shall reject an application if acceptance would violate a court-ordered plan, or a plan established under s. 121.85 (4), to reduce racial imbalance in the school district, or would be harmful to the efforts of the school board to achieve racial balance in the school district under s. 121.85 or 121.86.

AB347,8,15 2. A school board shall give preference in accepting applications to siblings of pupils who are already attending public school in the school district.

AB347,8,18 (c) 1. A school board may prohibit a resident pupil from attending school in another school district under this section if the school board determines that the pupil is involved in a disciplinary proceeding.

AB347,8,23 2. A school board shall prohibit a resident pupil from attending school in another school district under this section if allowing such attendance would violate a court-ordered plan, or a plan established under s. 121.85 (4), to reduce racial imbalance in the school district, or would be harmful to the efforts of the school board to achieve racial balance in the school district under s. 121.85 or 121.86.

AB347,9,3 3. In the 1996-97 school year, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts to 5% of its membership. In the 1997-98 school year, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts to 10% of its enrollment.

AB347,9,8 (3) Appeal of rejection. If an application is rejected under sub. (1) (a) or a pupil is prohibited from attending school in another school district under sub. (2) (c), the pupil's parent may appeal the decision to the state superintendent within 30 days after the decision. The state superintendent's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB347,9,12 (4) Rights and privileges of nonresident pupils. A pupil attending a public school outside of his or her school district of residence under this section has all of the rights and privileges of resident pupils and is subject to the same rules and regulations as resident pupils.

AB347,9,15 (6) Transportation. The parent of a pupil attending a public school outside of the pupil's school district of residence under this section is responsible for transporting the pupil to and from school.

AB347,9,23 (7) Tuition. The school board of the school district of residence shall pay to the school board of the school district of attendance, for each pupil attending a public school outside of his or her school district of residence under this section, tuition calculated under s. 121.83 for either the school district of residence or the school district of attendance, whichever is lower, or an amount agreed to by the school boards of the 2 school districts. The amount to be paid and a payment schedule shall be specified in a written agreement. If the school boards cannot agree on the amount of tuition, the state superintendent shall determine the amount.

AB347,9,25 (8) Information. Each school board shall provide information about its schools and programs in the format and manner prescribed by the state superintendent. The school board may not provide information in a manner that is designed to recruit nonresident pupils to attend the school district under this section.

AB347,10,6 118.52 Interdistrict enrollment options. (1) Beginning in the 1996-97 school year, a pupil enrolled in a public school may attend a public school outside his or her school district of residence under this section for the purpose of taking one or more courses offered by the other school district, if all of the following apply:

AB347,10,8 (a) The pupil continues to attend public school in his or her school district of residence for at least one course.

AB347,10,10 (b) The school board of the other school district determines that there is space available in the course or courses.

AB347,10,12 (c) The school board of the school district of residence determines that it does not offer, or have space available in, a comparable course or courses.

AB347,10,15 (d) If the courses are offered in the high school grades, the school board of residence determines that the courses satisfy high school graduation requirements under s. 118.33 in that school district.

AB347,10,17 (e) The pupil meets all of the prerequisites for the course or courses that apply to pupils who reside in the other school district.

AB347,10,20 (2) Section 118.51 (1) to (4) applies to pupils under this section, except that if the school board of the other school district accepts the application the acceptance applies only for the following school year.

AB347,10,23 (3) The parent of a pupil attending a public school outside of the pupil's school district of residence under this section is responsible for transporting the pupil to and from the course or courses that the pupil is attending.

AB347,11,3 (4) The school board of the school district of residence shall pay to the school board of the other school district for each pupil attending one or more courses at a public school outside of his or her school district of residence under this section an amount equal to the cost of providing the course or courses to the pupil, calculated as determined by the state superintendent.

AB347,11,8 118.53 Intradistrict enrollment options. (1) Beginning in the 1996-97 school year, a pupil enrolled in a public school may attend a public school located within the pupil's school district of residence but outside the pupil's attendance area under this section for the purpose of taking one or more courses offered by the school if all of the following apply:

AB347,11,11 (a) The school board determines that there is space available in the course or courses. The school board shall reserve space in a course for pupils who reside in the attendance area for the school in which the course is offered.

AB347,11,13 (b) The school board determines that the pupil meets all of the prerequisites for the course or courses.

AB347,11,17 (2) (a) Except as provided in par. (b), the school board shall establish policies and procedures for application, notification and acceptance or rejection and shall make information about the policies and procedures available to school district residents.

AB347,11,19 (b) 1. The school board may not reject an application based on the pupil's academic achievement.

AB347,11,21 2. Section 118.51 (2) (b) 1. applies to the acceptance and rejection of applications under this section.

AB347,11,23 3. Acceptance of an application under this section applies only to the following school year.

AB347,11,25 4. The school board may reject an application if the pupil is involved in a disciplinary proceeding.

AB347,12,1 (3) Section 118.51 (4) applies to pupils under this section.

AB347,12,3 (4) Section 118.52 (3) applies to the transportation of pupils to and from courses under this section.

AB347,12,8 118.54 School districts participating in a special transfer program. (1) If the school board of a school district participating in a program under s. 121.85 or 121.86 determines that the application deadlines under s. 118.51 or 118.52 conflict with procedures necessary to implement the program under s. 121.85 or 121.86, the school board may modify the deadlines under ss. 118.51 and 118.52.

AB347,12,13 (2) Notwithstanding ss. 118.51 (1) and 118.52 (2), the parent of a pupil who resides in a school district participating in a program under s. 121.85 or 121.86 shall submit the application to the school board of the school district of residence. If the school board of the school district of residence approves the application, it shall forward the application to the school district of attendance.

AB347,12,19 (3) If the school board of a school district participating in a program under s. 121.85 or 121.86 believes that any provision in ss. 118.51 to 118.53 is harmful to the program or to the school district's efforts to achieve racial balance, the school board may request the state superintendent to modify the provision. If the state superintendent determines that the provision is harmful to the program or to the school district's efforts, he or she shall modify the provision for that school district.

AB347,12,21 118.56 State superintendent duties. The state superintendent shall do all of the following:

AB347,12,22 (1) Promulgate rules to implement and administer this subchapter.

AB347,13,3 (2) Annually evaluate the effects of the programs under ss. 118.51 to 118.53 and submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), summarizing the results of the evaluation. The report shall specify the number of pupils attending a school outside of the pupil's school district of residence under ss. 118.51 and 118.52 by school, grade, ethnicity and gender.

AB347, s. 13 Section 13. 119.04 (1) of the statutes is amended to read:

AB347,13,12 119.04 (1) Subchapters IV, V and VII of ch. 115, subch. II of ch. 118, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.364, 115.366, 115.38 (2), 115.40, 115.45, 118.01 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.42, 120.12 (5) and (15) to (23), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.

AB347, s. 14 Section 14. 119.24 of the statutes is amended to read:

AB347,13,19 119.24 Admission of pupils. Each Subject to s. 118.51 (1) (c), each school under the jurisdiction of the board shall be open to pupils residing within the attendance district established for that school under s. 119.16 (2). A pupil residing in any such attendance district may attend a school in another attendance district with the written permission of the superintendent of schools or as provided in s. 118.53.

AB347, s. 15 Section 15. 120.12 (17) of the statutes is amended to read:

AB347,13,25 120.12 (17) University of Wisconsin system tuition. Pay the tuition of any pupil enrolled in the school district and attending a center or institution within the university of Wisconsin system if the pupil is not participating in the program under s. 118.37 118.55, the course the pupil is attending at the university is not offered in the school district and the pupil will receive high school credit for the course.

AB347, s. 16 Section 16. 121.05 (1) (a) 5. of the statutes is amended to read:

AB347,14,3 121.05 (1) (a) 5. Pupils attending an institution of higher education under s. 118.37 118.55.

AB347, s. 17 Section 17. 121.54 (10) of the statutes is created to read:

AB347,14,7 121.54 (10) Interdistrict school choice. A school board may elect to provide transportation, including transportation to and from summer classes, for any of the following pupils:

AB347,14,8 (a) Nonresident pupils accepted under s. 118.51 or 118.52.

AB347,14,9 (b) Resident pupils attending another school district under s. 118.51 or 118.52.

AB347,14,12 (c) Pupils attending a public school located within the pupil's school district of residence but outside the pupil's attendance area under s. 118.53 who are not required to be transported under this section.

AB347, s. 18 Section 18. 121.58 (2) (a) of the statutes is amended to read:

AB347,15,7 121.58 (2) (a) A school district which provides transportation to and from a school under ss. 121.54 (1) to (3), (5) and, (6) and (10) and 121.57 shall be paid state aid for such transportation at the rate of $30 per school year per pupil so transported whose residence is at least 2 miles and not more than 5 miles from the school attended, $45 per school year per pupil so transported whose residence is at least 5 miles and not more than 8 miles from the school attended, $60 per school year per pupil so transported whose residence is at least 8 miles and not more than 12 miles from the school attended, $68 per school year per pupil so transported whose residence is at least 12 miles and not more than 15 miles from the school attended, $75 per school year per pupil so transported whose residence is at least 15 miles and not more than 18 miles from the school attended, and $85 per school year per pupil so transported whose residence is more than 18 miles from the school attended. Such state aid shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5) and, (6) and (10) and 121.57 or which wilfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

AB347, s. 19 Section 19. 121.58 (4) of the statutes is amended to read:

AB347,15,22 121.58 (4) State aid for summer class transportation. Annually on or before October 1 of the year in which transportation is provided under s. 121.54 (4) or (10), the school district clerk shall file with the department a report, containing such information as the department requires, on transportation provided by the school board to and from summer classes. Upon receipt of such report and if the summer classes meet the requirements of s. 121.14 (1), state aid shall be paid for such transportation. A school district which provides such transportation shall be paid state aid for such transportation at the rate of $4 per pupil transported to and from public school whose residence is at least 2 miles and not more than 5 miles by the nearest traveled route from the public school attended, and $6 per pupil transported to and from public school whose residence is more than 5 miles by the nearest traveled route from the public school attended, if the pupil is transported 30 days or more. The state aid shall be reduced proportionately if the pupil is transported less than 30 days.

AB347, s. 20 Section 20. 121.77 (1) of the statutes is amended to read:

AB347,16,6 121.77 (1) Every elementary school and high school shall be free to all pupils who reside in the school district. If facilities are adequate, a school board, board of control of a cooperative educational service agency or county handicapped children's education board may admit nonresident pupils who meet its entrance requirements. Nonresident pupils are admitted, they shall have all the rights and privileges of resident pupils and shall be subject to the same rules and regulations as resident pupils, subject to s. 118.51 (4). The agency of service shall charge tuition for each nonresident pupil, except as provided in s. 121.78 (1g).

AB347, s. 21 Section 21. 121.78 (1) of the statutes is renumbered 121.78 (1m), and 121.78 (1m) (title) and (a), as renumbered, are amended to read:

AB347,16,16 121.78 (1m) (title) By agreement attendance out-of-state. (a) Upon the approval of the state superintendent, the a school board of the district of residence and the school board of the district of attendance may make a written agreement to may permit an elementary or high school a pupil to attend a public school, including an out-of-state school, located outside the school district of residence, and the school district of residence this state. The school board shall pay the tuition. The and the school district of residence shall be paid state aid as though the pupil were enrolled in the school district of residence.

AB347, s. 22 Section 22. 121.78 (1g) of the statutes is created to read:

AB347,16,22 121.78 (1g) Interdistrict school choice. The school board of the school district of residence of a pupil who attends a public school in another school district under s. 118.51 shall pay to the school district of attendance the amount described under s. 118.51 (7). The school district of residence shall be paid state aid as though the pupil were enrolled in that school district.

AB347, s. 23 Section 23. 121.81 (2) (a) of the statutes is amended to read:

AB347,17,16 121.81 (2) (a) A pupil whose If a pupil's parent or legal custodian, who is a resident of this state but not a resident of the school district, misses the application deadline under s. 118.51 (1) (a) for the attendance of the pupil in another school district, the pupil's parent or legal custodian may file with the school board of the other school district a written application for enrollment in the schools of the that school district. The application shall be accompanied by a written declaration of the parent or legal custodian that the parent or legal custodian will establish residence in the school district by a specified time. If facilities are adequate, the school board may permit the pupil to enroll in the schools of the school district, and may require prepayment of a tuition fee for 9 school weeks or may waive the tuition requirement for that pupil. If the parent or legal custodian establishes residence in the school district within such 9 school weeks, the school board shall refund the tuition fee. If such residence is not established there shall be no refund of the tuition fee but another written application for enrollment may be filed for the next succeeding 9 school weeks and, upon prepayment of a tuition fee for such 9 school weeks, the school board may permit the pupil to reenroll. If the parent or legal custodian establishes residence in the school district within the second 9 school weeks, the school board shall refund the tuition fee for the second 9 school weeks.

AB347, s. 24 Section 24. 121.84 (1) (a) of the statutes is amended to read:

AB347,17,21 121.84 (1) (a) A school board may shall permit a pupil who is enrolled in a school under its jurisdiction and is a resident of the school district at the beginning of the school year to complete the school year at the school without payment of tuition, even though the pupil is no longer a resident of the school district.

AB347, s. 25 Section 25. Effective dates. This act takes effect on the day after publication, except as follows:

AB347,18,2 (1)  Public school choice. The treatment of sections 121.78 (1), 121.81 (2) (a) and 121.84 (1) (a) of the statutes takes effect on July 1, 1996.

AB347,18,3 (End)