LRB-2886/2
PG:hmh:km
2001 - 2002 LEGISLATURE
May 8, 2001 - Introduced by Representatives Olsen, La Fave, Kestell, Wade, M.
Lehman, Wood, Gunderson, Lippert, Sykora, Albers, J. Lehman, Townsend,
Petrowski, Gronemus, Ott, Powers, McCormick, Huber, Pocan
and Plale,
cosponsored by Senators Grobschmidt, Rosenzweig, Schultz, Plache and
Burke. Referred to Committee on Education.
AB383,1,8 1An Act to amend 16.974 (7) (d), 20.255 (1) (b), 20.255 (1) (c), 20.255 (1) (gb),
220.255 (1) (gh), 20.255 (1) (gL), 20.255 (1) (gs), 20.255 (1) (gt), 39.41 (1) (bm),
339.41 (1m) (c) 2., 39.41 (1m) (fm), 44.70 (2g), 46.041 (1) (a), 49.45 (39) (a) 1., 49.45
4(39) (am), 49.45 (39) (b), 115.31 (1) (b), subchapter III (title) of chapter 115
5[precedes 115.51], 115.53 (2), 115.53 (3) (a), 115.53 (4), 115.53 (5), 115.54, 121.05
6(1) (a) 8., 121.54 (3) and 940.295 (2) (j); to repeal and recreate 115.51 (2) and
7115.52; and to create 15.377 (2) of the statutes; relating to: the Wisconsin
8School for the Deaf and creating a deaf and hard-of-hearing education council.
Analysis by the Legislative Reference Bureau
This bill changes the name of the Wisconsin School for the Deaf to the Wisconsin
Educational Services Program for the Deaf and Hard of Hearing, specifies the duties
of the Program, and creates a deaf and hard-of-hearing education council to advise
the state superintendent of public instruction on issues relating to the education of
children who are deaf or hearing impaired. The bill also requires the legislative audit
bureau to conduct a performance evaluation audit of the Program during the
2004-05 fiscal year.
The bill authorizes the Program to provide services at any location in the state
and to operate regional satellite facilities throughout the state.

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:
AB383, s. 1 1Section 1. 15.377 (2) of the statutes is created to read:
AB383,2,62 15.377 (2) Deaf and hard-of-hearing education council. There is created a
3deaf and hard-of-hearing education council in the department of public instruction.
4The council shall consist of the following members, at least 3 of whom must be
5hearing impaired, appointed by the state superintendent of public instruction for
63-year terms:
AB383,2,77 (a) Two parents of children who are hearing impaired.
AB383,2,88 (b) One licensed teacher of pupils who are hearing impaired.
AB383,2,109 (c) One person who is licensed as a speech-language pathologist under subch.
10II of ch. 459.
AB383,2,1111 (d) One school district special education director.
AB383,2,1312 (e) One person who is licensed as an audiologist under subch. II of ch. 459 and
13whose expertise is in educational audiology.
AB383,2,1614 (f) One person who is experienced in educating the hearing impaired, or in
15educating teachers of the hearing impaired, and is affiliated with an institution of
16higher education.
AB383,2,1817 (g) One person who is an instructor in a technical college interpreter training
18program.
AB383,2,1919 (h) One person employed as an educational interpreter.
AB383,2,2020 (i) Three other members.
AB383, s. 2 21Section 2. 16.974 (7) (d) of the statutes is amended to read:
AB383,3,5
116.974 (7) (d) Coordinate with the technology for educational achievement in
2Wisconsin board to provide the Wisconsin Center for the Blind and Visually Impaired
3and the Wisconsin School Educational Services Program for the Deaf and Hard of
4Hearing
with telecommunications access under s. 44.73 and contract with
5telecommunications providers to provide such access.
AB383, s. 3 6Section 3. 20.255 (1) (b) of the statutes is amended to read:
AB383,3,137 20.255 (1) (b) General program operations; School Wisconsin Educational
8Services Program
for the Deaf and Hard of Hearing and Wisconsin Center for the
9Blind and Visually Impaired.
The amounts in the schedule for the operation and
10maintenance of the facilities of the Wisconsin School Educational Services Program
11for the Deaf and Hard of Hearing and the Wisconsin Center for the Blind and Visually
12Impaired, including the matching of federal funds, but not including expenses
13financed under par. (js).
AB383, s. 4 14Section 4. 20.255 (1) (c) of the statutes is amended to read:
AB383,3,2215 20.255 (1) (c) Energy costs; School Wisconsin Educational Services Program for
16the Deaf
and Hard of Hearing and Wisconsin Center for the Blind and Visually
17Impaired.
The amounts in the schedule to be used at the facilities of the Wisconsin
18School Educational Services Program for the Deaf and Hard of Hearing and the
19Wisconsin Center for the Blind and Visually Impaired to pay for utilities and for fuel,
20heat and air conditioning, to pay costs incurred by or on behalf of the department
21under ss. 16.858 and 16.895, and to repay to the energy efficiency fund loans made
22to the department under s. 16.847 (6).
AB383, s. 5 23Section 5. 20.255 (1) (gb) of the statutes is amended to read:
AB383,4,424 20.255 (1) (gb) School Wisconsin Educational Services Program for the Deaf
25and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired;

1nonresident fees.
All moneys received from fees charged nonresident pupils for
2services provided at by the Wisconsin School Educational Services Program for the
3Deaf and Hard of Hearing under s. 115.52 (3) and for services provided by the
4Wisconsin Center for the Blind and Visually Impaired under s. 115.525 (3) (a) 3.
AB383, s. 6 5Section 6. 20.255 (1) (gh) of the statutes is amended to read:
AB383,4,116 20.255 (1) (gh) School Wisconsin Educational Services Program for the Deaf
7and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired;
8hospitalization.
All moneys received on account of hospitalization under s. 115.53
9(4) for the operation of the Wisconsin School Educational Services Program for the
10Deaf and Hard of Hearing and the Wisconsin Center for the Blind and Visually
11Impaired.
AB383, s. 7 12Section 7. 20.255 (1) (gL) of the statutes is amended to read:
AB383,4,1813 20.255 (1) (gL) Wisconsin Educational Services Program for the Deaf and Hard
14of Hearing and Wisconsin
Center for the Blind and Visually Impaired; leasing of
15space.
All moneys received from leasing space at the facilities of the Wisconsin
16Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 (6)
17and at the
Wisconsin Center for the Blind and Visually Impaired under s. 115.525
18(6) for the operation and maintenance of the center and program.
AB383, s. 8 19Section 8. 20.255 (1) (gs) of the statutes is amended to read:
AB383,4,2520 20.255 (1) (gs) School Wisconsin Educational Services Program for the Deaf
21and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired;
22services.
All moneys received from services provided at by the Wisconsin School
23Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 (6)
24(5) and at by the Wisconsin Center for the Blind and Visually Impaired under s.
25115.525 (5) for the operation and maintenance of the school program and the center.
AB383, s. 9
1Section 9. 20.255 (1) (gt) of the statutes is amended to read:
AB383,5,92 20.255 (1) (gt) School Wisconsin Educational Services Program for the Deaf and
3Hard of Hearing
and Wisconsin Center for the Blind and Visually Impaired; pupil
4transportation.
The amounts in the schedule for the weekend transportation of
5pupils enrolled in the school operated by the Wisconsin School Educational Services
6Program
for the Deaf and Hard of Hearing under s. 115.52 or the school operated by
7the Wisconsin Center for the Blind and Visually Impaired under s. 115.525 to and
8from their homes. All moneys received under s. 115.53 (6) shall be credited to this
9appropriation.
AB383, s. 10 10Section 10. 39.41 (1) (bm) of the statutes is amended to read:
AB383,5,1411 39.41 (1) (bm) "Senior" means a pupil enrolled in the 12th grade in a public or
12private high school, the school operated by the Wisconsin School Educational
13Services Program
for the Deaf and Hard of Hearing or the school operated by the
14Wisconsin Center for the Blind and Visually Impaired.
AB383, s. 11 15Section 11. 39.41 (1m) (c) 2. of the statutes is amended to read:
AB383,5,1816 39.41 (1m) (c) 2. For the school operated by the Wisconsin School Educational
17Services Program
for the Deaf and Hard of Hearing, designate the senior with the
18highest grade point average in all subjects as a scholar.
AB383, s. 12 19Section 12. 39.41 (1m) (fm) of the statutes is amended to read:
AB383,6,420 39.41 (1m) (fm) If 2 or more seniors from the school operated by the Wisconsin
21School Educational Services Program for the Deaf and Hard of Hearing have the
22same grade point average and, except for the limitation of one designated senior, are
23otherwise eligible for designation under par. (c) 2., the executive secretary shall
24make the designation under par. (c) 2. of the senior who may be eligible for a higher
25education scholarship as a scholar and, if that senior does not qualify for a higher

1education scholarship under sub. (2) (a) or (3) (a), shall designate one or more of the
2remaining seniors with the same grade point average as eligible for a higher
3education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship
4may be awarded by the board.
AB383, s. 13 5Section 13. 44.70 (2g) of the statutes is amended to read:
AB383,6,106 44.70 (2g) "Educational agency" means a school district, private school,
7cooperative educational service agency, technical college district, private college,
8public library system, public library board, the Wisconsin Center for the Blind and
9Visually Impaired, or the Wisconsin School Educational Services Program for the
10Deaf and Hard of Hearing.
AB383, s. 14 11Section 14. 46.041 (1) (a) of the statutes is amended to read:
AB383,6,1912 46.041 (1) (a) Provide for the temporary residence and evaluation of children
13referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the
14institutions and services under the jurisdiction of the department, University of
15Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215,
1646.22 or 46.23, private child welfare agencies, the Wisconsin School Educational
17Services Program
for the Deaf and Hard of Hearing, the Wisconsin Center for the
18Blind and Visually Impaired, and mental health facilities within the state at the
19discretion of the director of the institution providing services under this section.
AB383, s. 15 20Section 15. 49.45 (39) (a) 1. of the statutes is amended to read:
AB383,6,2521 49.45 (39) (a) 1. "School" means a public school described under s. 115.01 (1),
22a charter school, as defined in s. 115.001 (1), the Wisconsin Center for the Blind and
23Visually Impaired, or the Wisconsin School Educational Services Program for the
24Deaf and Hard of Hearing. It includes school-operated early childhood programs for
25developmentally delayed and disabled 4-year-old and 5-year-old children.
AB383, s. 16
1Section 16. 49.45 (39) (am) of the statutes is amended to read:
AB383,7,142 49.45 (39) (am) Plan amendment. No later than September 30, 1995, the
3department shall submit to the federal department of health and human services an
4amendment to the state medical assistance plan to permit the application of pars. (b)
5and (c). If the amendment to the state plan is approved, school districts, cooperative
6educational service agencies, and the department of public instruction on behalf of
7the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School
8Educational Services Program for the Deaf and Hard of Hearing claim
9reimbursement under pars. (b) and (c). Paragraphs (b) and (c) do not apply unless
10the amendment to the state plan is approved and in effect. The department shall
11submit to the federal department of health and human services an amendment to the
12state plan if necessary to permit the application of pars. (b) and (c) to the Wisconsin
13Center for the Blind and Visually Impaired and the Wisconsin School Educational
14Services Program
for the Deaf and Hard of Hearing.
AB383, s. 17 15Section 17. 49.45 (39) (b) of the statutes is amended to read:
AB383,8,2416 49.45 (39) (b) School medical services. 1. `Payment for school medical services.'
17If a school district or a cooperative educational service agency elects to provide school
18medical services and meets all requirements under par. (c), the department shall
19reimburse the school district or the cooperative educational service agency for 60%
20of the federal share of allowable charges for the school medical services that it
21provides and, as specified in subd. 2., for allowable administrative costs. If the
22Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School
23Educational Services Program for the Deaf and Hard of Hearing elects to provide
24school medical services and meets all requirements under par. (c), the department
25shall reimburse the department of public instruction for 60% of the federal share of

1allowable charges for the school medical services that the Wisconsin Center for the
2Blind and Visually Impaired or the Wisconsin School Educational Services Program
3for the Deaf and Hard of Hearing provides and, as specified in subd. 2., for allowable
4administrative costs. A school district, cooperative educational service agency, the
5Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School
6Educational Services Program for the Deaf and Hard of Hearing may submit, and
7the department shall allow, claims for common carrier transportation costs as a
8school medical service unless the department receives notice from the federal health
9care financing administration that, under a change in federal policy, the claims are
10not allowed. If the department receives the notice, a school district, cooperative
11educational service agency, the Wisconsin Center for the Blind and Visually
12Impaired, or the Wisconsin School Educational Services Program for the Deaf and
13Hard of Hearing
may submit, and the department shall allow, unreimbursed claims
14for common carrier transportation costs incurred before the date of the change in
15federal policy. The department shall promulgate rules establishing a methodology
16for making reimbursements under this paragraph. All other expenses for the school
17medical services provided by a school district or a cooperative educational service
18agency shall be paid for by the school district or the cooperative educational service
19agency with funds received from state or local taxes. The school district, the
20Wisconsin Center for the Blind and Visually Impaired, the Wisconsin School
21Educational Services Program for the Deaf and Hard of Hearing, or the cooperative
22educational service agency shall comply with all requirements of the federal
23department of health and human services for receiving federal financial
24participation.
AB383,9,10
12. `Payment for school medical services administrative costs.' The department
2shall reimburse a school district or a cooperative educational service agency specified
3under subd. 1. and shall reimburse the department of public instruction on behalf
4of the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School
5Educational Services Program for the Deaf and Hard of Hearing for 90% of the
6federal share of allowable administrative costs, using time studies, beginning in
7fiscal year 1999-2000. A school district or a cooperative education educational
8service agency may submit, and the department of health and family services shall
9allow, claims for administrative costs incurred during the period that is up to 24
10months before the date of the claim, if allowable under federal law.
AB383, s. 18 11Section 18. 115.31 (1) (b) of the statutes is amended to read:
AB383,9,2012 115.31 (1) (b) "Educational agency" means a school district, cooperative
13educational service agency, state correctional institution under s. 302.01, secured
14correctional facility, as defined in s. 938.02 (15m), secured child caring institution,
15as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually
16Impaired, the Wisconsin School Educational Services Program for the Deaf and Hard
17of Hearing
, the Mendota mental health institute, the Winnebago mental health
18institute, a state center for the developmentally disabled, a private school, or a
19private, nonprofit, nonsectarian agency under contract with a school board under s.
20118.153 (3) (c).
AB383, s. 19 21Section 19. Subchapter III (title) of chapter 115 [precedes 115.51] of the
22statutes is amended to read:
AB383,9,2323 CHAPTER 115
AB383,9,2524 SUBCHAPTER III
25STATE SCHOOL Wisconsin

1Educational Services Program
2FOR THE DEAF and Hard of Hearing
3AND STATE Wisconsin CENTER
4 FOR THE BLIND AND
5 VISUALLY IMPAIRED
AB383, s. 20 6Section 20. 115.51 (2) of the statutes is repealed and recreated to read:
AB383,10,97 115.51 (2) "Hearing impaired" has the meaning given in the rules promulgated
8by the state superintendent to define "hearing impairments" under s. 115.76 (5) (a)
92.
AB383, s. 21 10Section 21. 115.52 of the statutes is repealed and recreated to read:
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