SB468: Bill Text

LRB-1262/4

PG:mfd:hmh

1997 - 1998 LEGISLATURE

1997 Senate BILL 468

February 25, 1998 - Introduced by Law Revision Committee. Referred to Committee on Education.

SB468,2,2 An Act to repeal 20.255 (2) (bm), 20.255 (2) (ef), 20.255 (2) (eg), 115.28 (35), 115.40, 119.497, 119.80 (1), 121.10, 121.105 (2) (a) 1. a., 121.105 (2) (a) 1. b., 121.905 (3) (c) 1., 121.91 (1) and 121.91 (2); to renumber and amend 119.80 (2) and 121.105 (2) (a) 1. c.; and to amend 13.101 (6) (a), 118.10, 118.153 (4) (a), 118.19 (3) (a), 118.19 (4m), 118.19 (8), 118.19 (9) (a) (intro.), 118.19 (10) (c), 118.33 (1) (a) (intro.), 118.33 (1) (b), 118.55 (2) (a), 119.04 (1), 119.23 (2) (a) (intro.), 119.23 (2) (b), 119.496 (6) (a), 119.55 (1) (b), 119.55 (2), 119.73, 121.007, 121.02 (1) (s), 121.05 (4), 121.06 (3), 121.07 (1) (a), 121.07 (7) (b), 121.105 (1), 121.105 (2) (a) 2., 121.135 (2) (c), 121.15 (3m) (b), 121.54 (2) (b) 3., 121.58 (7), 121.87 (1) (intro.), 121.90 (2), 121.905 (3) (a), 121.91 (3) (a), 121.91 (3) (c), 121.91 (4) (a) 1., 121.91 (4) (a) 2., 121.91 (4) (b), 121.91 (4) (c) (intro.), 121.91 (4) (d) and 121.91 (5) (a) of the statutes; relating to: eliminating obsolete language and provisions from the statutes governing public schools and the department of public instruction (suggested as remedial legislation by the department of public instruction).

Analysis by the Legislative Reference Bureau

This bill revises the statutes governing the operation, programs and funding of the public schools and the department of public instruction (DPI) by eliminating obsolete language and provisions.

The bill also eliminates the authority of DPI, when conducting a background investigation of a licensee or an applicant for a license, to require the person to be photographed.

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., 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.

SB468, s. 1 Section 1 . 13.101 (6) (a) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

SB468,3,10 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg), (cr) and (q), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (6) (a) and (7) (da) and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

SB468, s. 2 Section 2 . 20.255 (2) (bm) of the statutes is repealed.

Note: Sections 1 and 2 delete an outdated provision and statutory cross-reference to minimum state aid and educational aids.

SB468, s. 3 Section 3. 20.255 (2) (ef) of the statutes is repealed.

Note: This Section deletes an outdated provision regarding collaborative projects, none of which could be funded after June 30, 1996.

SB468, s. 4 Section 4. 20.255 (2) (eg) of the statutes is repealed.

Note: This Section deletes an outdated provision regarding collaborative service programs, none of which could be funded after June 30, 1996.

SB468, s. 5 Section 5. 115.28 (35) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

Note: This statute, relating to grants for collaborative projects to integrate social services and school responsibilities, does not apply after June 30, 1996. Because the statute is now obsolete, it is repealed.

SB468, s. 6 Section 6. 115.40 of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

Note: This statute, relating to grants for collaborative service programs, does not permit such grants to be awarded after June 30, 1996. Because the statute is now obsolete, it is repealed.

SB468, s. 7 Section 7. 118.10 of the statutes is amended to read:

SB468,4,16 118.10 School safety patrols. Any school board may organize school safety patrols and, with the permission of the parents, appoint pupils as members thereof for the purpose of influencing and encouraging the other pupils to refrain from crossing public highways at points other than at regular crossings and for the purpose of directing pupils not to cross highways at times when the presence of traffic would render such crossing unsafe. Nothing in this section authorizes or permits the use of any safety patrol member for the purpose of directing vehicular traffic, nor may any safety patrol member be stationed in that portion of the highway intended for the use of vehicular traffic, but this section shall not affect any plan in operation on July 11, 1939, under which a junior police patrol directs traffic under the authorization, supervision and control of either the sheriff's department or of the chief of police or traffic department of the police department of any city, town or village. No liability shall attach to the school district or any individual, school board member, school district administrator, teacher or other school authority by virtue of the organization, maintenance or operation of a school safety patrol organized, maintained and operated under this section.

Note: The amendment to this statute deletes a reference to a plan in operation on July 11, 1939, under which junior police patrols direct traffic under the direction of a sheriff's or police department. According to the department of public instruction (DPI), no such plan exists.

SB468, s. 8 Section 8. 118.153 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB468,5,2 118.153 (4) (a) Beginning Annually in August 1994, and annually thereafter, a school board that applied for aid under this section in the previous school year shall submit a report to the state superintendent. The report shall include only information about the pupils enrolled in a program for children at risk in the previous school year that is necessary for the state superintendent to determine the number of pupils who achieved each of the objectives under par. (c).

Note: The amendment to this statute revises language requiring an annual report for children-at-risk programs.

SB468, s. 9 Section 9. 118.19 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB468,5,23 118.19 (3) (a) No license to teach in any public school may be issued unless the applicant possesses a bachelor's degree including such professional training as the department by rule requires, except as permitted under par. (b) and ss. 115.28 (17) (a) and 118.192. Notwithstanding s. 36.11 (16), beginning August 31, 1990, no teacher preparatory program in this state may be approved by the state superintendent under s. 115.28 (7) (a), unless each student in the program is required to complete student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school. Beginning August 31, 1990, no No license to teach in any public school may be granted to an applicant who completed a professional training program outside this state unless the applicant completed student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the state superintendent. The state superintendent may grant exceptions to the student teaching requirements under this paragraph when the midyear calendars of the institution offering the teacher preparatory program and the cooperating school differ from each other and would prevent students from attending classes at the institution in accordance with the institution's calendar. The state superintendent shall promulgate rules to implement this subsection.

Note: The amendment to this statute deletes an outdated starting date regarding approval and completion of student teaching requirements.

SB468, s. 10 Section 10. 118.19 (4m) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB468,6,9 118.19 (4m) Beginning July 1, 1995, the The state superintendent may not issue or renew a license to teach the visually impaired unless the applicant demonstrates, based on criteria established by the state superintendent by rule, that he or she is proficient in reading and writing braille and in teaching braille. In promulgating rules under this subsection, the state superintendent shall take into consideration the standard used by the librarian of congress for certifying braille transcribers.

Note: The amendment to this statute deletes an outdated starting date regarding a requirement for certain teachers to demonstrate proficiency in braille.

SB468, s. 11 Section 11. 118.19 (8) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB468,6,16 118.19 (8) Beginning July 1, 1992, the The state superintendent may not grant to any person a license to teach unless the person has received instruction in the study of minority group relations, including instruction in the history, culture and tribal sovereignty of the federally recognized American Indian tribes and bands located in this state.

Note: The amendment to this statute deletes an outdated starting date for a requirement that prospective teacher licensees have received instruction in the study of minority group relations.

SB468, s. 12 Section 12. 118.19 (9) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB468,7,2 118.19 (9) (a) (intro.) Except as provided in par. (b), beginning on July 1, 1996, the state superintendent may not issue an initial teaching license, school district administrator's license or school administrator's license unless the applicant has demonstrated competency in all of the following:

Note: The amendment to this statute deletes an outdated starting date for issuance of an initial teaching license by DPI upon the applicant's demonstration of competence in certain specified areas.

SB468, s. 13 Section 13. 118.19 (10) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB468,7,12 118.19 (10) (c) If the person under par. (b) is a nonresident, or if the state superintendent determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the state superintendent shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

Note: The amendment to this statute deletes the requirement that nonresident or selected other applicants for an initial teaching license be photographed in addition to fingerprinted. According to DPI, these photographs are not used or needed.

SB468, s. 14 Section 14. 118.33 (1) (a) (intro.) of the statutes is amended to read:

SB468,7,16 118.33 (1) (a) (intro.) Except as provided in par. (d), beginning on September 1, 1988, a school board may not grant a high school diploma to any pupil unless the pupil has earned:

Note: The amendment to this statute deletes an outdated starting date regarding high school graduation standards.

SB468, s. 15 Section 15. 118.33 (1) (b) of the statutes is amended to read: