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:
AB383,10,13 11115.52 Wisconsin Educational Services Program for the Deaf and Hard
12of Hearing.
(1) Definition. In this section, "program" means the Wisconsin
13Educational Services Program for the Deaf and Hard of Hearing.
AB383,10,16 14(1m) Purpose. The purpose of the program is to serve as a statewide
15educational resource relating to hearing impairments to benefit all Wisconsin
16children who are hearing impaired.
AB383,10,20 17(2) Governance. The state superintendent shall maintain and govern the
18program's facilities. The state superintendent shall appoint an individual who has
19training and experience in educating pupils who are hearing impaired to serve as the
20director of the program.
AB383,10,22 21(3) Services. The program shall provide services that benefit children
22throughout the state who are hearing impaired.
AB383,11,423 (a) School. 1. `Residents 3 to 20 years old.' The program shall operate a school
24at which any resident of this state 3 to 20 years old who is hearing impaired, and for
25the duration of a school term any resident of this state who is hearing impaired and

1becomes 21 years old during that school term, shall be received and taught free of
2charge if the individualized education program for the resident under s. 115.787 and
3the educational placement under s. 115.79 specify the school operated by the
4program as the appropriate placement.
AB383,11,105 2. `Residents 21 years old or older.' The state superintendent may admit to the
6school operated by the program a resident of the state who is hearing impaired and
7is 21 years of age or older prior to the beginning of a school term upon the payment
8of fees fixed by the state superintendent and upon the recommendation of the
9secretary of health and family services, the director of the technical college system,
10or the director of the program.
AB383,11,1711 3. `Nonresidents.' A nonresident of this state, who is hearing impaired, who
12either is 3 to 20 years old or becomes 21 years old during a school term, whose
13individualized education program under 20 USC 1414 (d) and educational placement
14specify the school operated by the program as the appropriate placement, and who
15is capable of receiving instruction may be received at the school upon payment in
16advance of the fees fixed by the state superintendent, but no nonresident may be
17received to the exclusion of a resident pupil.
AB383,11,2018 4. `Pupil use of residential facilities.' Except as provided in sub. (4), the director
19of the program shall make the residential facilities of the program available to all
20pupils received at the school operated by the program.
AB383,11,2521 5. `School term.' The state superintendent shall fix the period of the school term
22at the school operated by the program at not less than 38 weeks, prescribe the school
23sessions, and confer diplomas upon meritorious pupils who have completed the
24prescribed curriculum. Pursuant to a pupil's individualized education program
25under s. 115.787, a pupil may be placed at the school for less than a school term.
AB383,12,2
16. `Transportation.' The program may provide transportation for resident
2pupils at the school operated by the program.
AB383,12,33 (b) Other statewide services. The program may do any of the following:
AB383,12,64 1. Provide evaluation services to assist local educational agencies, cooperative
5educational service agencies, county children with disabilities education boards,
6private schools, and others.
AB383,12,97 2. Provide technical assistance and consultation services to local educational
8agencies, cooperative educational service agencies, county children with disabilities
9education boards, private schools, and others.
AB383,12,1010 3. Develop and disseminate curriculum and instructional materials.
AB383,12,1211 4. Provide in-service and other training to teachers and other staff serving
12pupils who are hearing impaired.
AB383,12,1513 5. Provide training, technical assistance, and consultation services for parents
14of children who are hearing impaired and for professionals who work with children
15who are hearing impaired.
AB383,12,1716 6. Provide access to educational materials to children who are hearing
17impaired.
AB383,12,1818 7. Loan books and other materials from the library described in par. (c) 2.
AB383,12,2019 8. Serve as a clearinghouse for information about children who are hearing
20impaired.
AB383,12,2221 9. Teach American sign language, and teach other subjects using American
22sign language, through the use of distance education technology.
AB383,12,2523 10. Rent or lease technological materials and assistive technology devices, as
24defined in s. 115.76 (1), to local educational agencies, cooperative educational service
25agencies, county children with disabilities education boards, and private schools.
AB383,13,2
111. Facilitate the preparation of teachers of pupils who are hearing impaired
2by providing assistance to teacher preparation programs.
AB383,13,43 12. Provide other statewide services that relate to the education of children who
4are hearing impaired.
AB383,13,85 (c) Additional services. 1. `Birth to 3 services.' The program may provide
6instruction or services, or both, for children who are under the age of 3 and are
7hearing impaired and their parents. The instruction or services are subject to the
8approval of, and shall comply with requirements established by, the department.
AB383,13,149 2. `Library.' Educational media and materials acquired by the program
10constitute a circulating collection for persons who are hearing impaired. The
11collection shall be kept at the program's facility and be under the supervision of its
12director. All school age children of the state who are hearing impaired may use the
13media and materials upon compliance with criteria established by the director of the
14program and approved by the state superintendent.
AB383,13,1615 3. `Summer programs.' The program shall provide summer programs each year
16for children who are hearing impaired.
AB383,13,2017 4. `Independent living skills.' With the approval of the state superintendent,
18the program may allow individuals to receive instruction in and practice
19independent living skills in state-owned housing at the program's facility in
20Delavan.
AB383,13,2321 (d) Provision of services. In addition to providing services at the program's
22facility in Delavan, the program may provide services at any location in the state and
23may operate regional satellite facilities throughout the state to provide services.
AB383,14,4 24(4) Nondiscrimination. All pupils in the program may equally and freely enjoy
25the benefits and privileges of the program, have the use of the library and books of

1instruction, and receive board, lodging, and linens, without discrimination, except
2that the director of the program may determine that board, lodging, and linens may
3not be provided to an individual because appropriate services are not available for
4that individual at the program's residential facilities.
AB383,14,8 5(5) Charges. The state superintendent may charge for meals, living quarters,
6laundry, and other services furnished to employees of the program and their families.
7The state superintendent may charge for services furnished to visitors to the
8program's facilities and participants in training programs and institutes.
AB383,14,12 9(6) Leasing of space. The state superintendent may lease space at the
10program's facilities in Delavan that is not required by the program to any person if
11the state superintendent determines that the use will not be inconsistent with the
12operation of the program.
AB383,14,16 13(7) Audit. In the 2004-05 fiscal year, the legislative audit bureau shall perform
14a performance evaluation audit of the program. The bureau shall submit copies of
15the audit report to the chief clerk of each house of the legislature for distribution to
16the appropriate standing committees under s. 13.172 (3) by June 30, 2005.
AB383, s. 22 17Section 22. 115.53 (2) of the statutes is amended to read:
AB383,15,218 115.53 (2) Arrange for vocational, trade or academic training for any pupil in
19either the school operated by the Wisconsin Center for the Blind and Visually
20Impaired or the Wisconsin School Educational Services Program for the Deaf and
21Hard of Hearing
qualified to take such training advantageously, in either a public
22school or technical college or a private business establishment in Janesville or
23Delavan. The public school and the technical college shall be paid the regular tuition
24for full-time attendance and proportionally for part-time attendance by the school

1district responsible for the provision of a free appropriate public education under
2subch. V.
AB383, s. 23 3Section 23. 115.53 (3) (a) of the statutes is amended to read:
AB383,15,74 115.53 (3) (a) Arrange for otological or ophthalmic examination of any pupil or
5prospective pupil of the Wisconsin School Educational Services Program for the Deaf
6and Hard of Hearing. The examination shall be paid for from the appropriation in
7s. 20.255 (1) (b), (gh) or (gs).
AB383, s. 24 8Section 24. 115.53 (4) of the statutes is amended to read:
AB383,15,139 115.53 (4) Apply to the board of directors of the University of Wisconsin
10Hospitals and Clinics Authority for admission to the University of Wisconsin
11Hospitals and Clinics of any pupil at the school operated by the Wisconsin School
12Educational Services Program for the Deaf and Hard of Hearing or the school
13operated by the Wisconsin Center for the Blind and Visually Impaired.
AB383,15,1814 (a) The application shall be accompanied by the report of a physician appointed
15by the superintendent director of the Wisconsin School Educational Services
16Program
for the Deaf and Hard of Hearing or the director of the Wisconsin Center
17for the Blind and Visually Impaired and shall be in the same form as reports of other
18physicians for admission of patients to such hospital.
AB383,16,419 (b) The net cost of hospital treatment shall be at the rate established under s.
20233.40 (1) and shall be paid from the appropriation under s. 20.255 (1) (b), (gh) or (gs)
21if the patient is a pupil at the school operated by the Wisconsin School Educational
22Services Program
for the Deaf and Hard of Hearing or from the appropriation under
23s. 20.255 (1) (b), (gh), (gL) or (gs) if the patient is a pupil at the school operated by the
24Wisconsin Center for the Blind and Visually Impaired. The state superintendent
25likewise may authorize payment for the expense of transporting patients to and from

1the hospital. The state superintendent shall make payments for the treatment to the
2University of Wisconsin Hospitals and Clinics Authority. Funds collected by the
3state superintendent on account of the hospitalization shall be credited to the
4appropriation under s. 20.255 (1) (gh) for the school or center concerned.
AB383, s. 25 5Section 25. 115.53 (5) of the statutes is amended to read:
AB383,16,116 115.53 (5) Arrange for visits by members of the staff of either the Wisconsin
7School Educational Services Program for the Deaf and Hard of Hearing or the
8Wisconsin Center for the Blind and Visually Impaired to other public schools or to
9families of deaf children who are hearing impaired or children who are visually
10impaired, whenever it appears to the state superintendent that such visits will be
11of advantage to such children.
AB383, s. 26 12Section 26. 115.54 of the statutes is amended to read:
AB383,16,24 13115.54 Compulsory education. If it appears, by affidavit, to any circuit
14judge that any deaf child who is either hearing impaired or child who is visually
15impaired and who is between the ages of 6 and 21 is deprived of a suitable education
16by the failure of the person having the care and custody of the child to provide a
17suitable education, the judge shall order the person to bring the child before the
18judge. If the material allegations of the affidavit are denied, the judge shall subpoena
19witnesses and hear testimony. If the allegations are admitted or established, the
20judge may order the child sent to the school operated by the Wisconsin School
21Educational Services Program for the Deaf and Hard of Hearing, the school operated
22by the Wisconsin Center for the Blind and Visually Impaired or to some class or other
23school for instruction, but the order may not make a direct charge for the class or
24school against any county.
AB383, s. 27 25Section 27. 121.05 (1) (a) 8. of the statutes is amended to read:
AB383,17,7
1121.05 (1) (a) 8. Pupils enrolled in the school operated by the Wisconsin School
2Educational Services Program for the Deaf and Hard of Hearing or the school
3operated by the Wisconsin Center for the Blind and Visually Impaired under subch.
4III of ch. 115 for whom the school district is paying tuition under s. 115.53 (2)
5determined by multiplying the total number of periods in each day in which the
6pupils are enrolled in the local public school by the total number of days for which
7the pupils are enrolled in the local public school and dividing the product by 1,080.
AB383, s. 28 8Section 28. 121.54 (3) of the statutes is amended to read:
AB383,17,199 121.54 (3) Transportation for children with disabilities. Every school board
10shall provide transportation for children with disabilities, as defined in s. 115.76 (5),
11to any public or private elementary or high school, to the school operated by the
12Wisconsin Center for the Blind and Visually Impaired or the school operated by the
13Wisconsin School Educational Services Program for the Deaf and Hard of Hearing
14or to any special education program for children with disabilities sponsored by a state
15tax-supported institution of higher education, including a technical college,
16regardless of distance, if the request for such transportation is approved by the state
17superintendent. Approval shall be based on whether or not the child can walk to
18school with safety and comfort. Section 121.53 shall apply to transportation provided
19under this subsection.
AB383, s. 29 20Section 29. 940.295 (2) (j) of the statutes is amended to read:
AB383,17,2321 940.295 (2) (j) The Wisconsin School Educational Services Program for the
22Deaf and Hard of Hearing under s. 115.52 and the Wisconsin Center for the Blind and
23Visually Impaired under s. 115.525.
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