AB100,894,185 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
6the initial collective bargaining agreement between the parties and, except as the
7parties otherwise agree, and except as provided in par. (cn), every collective
8bargaining agreement covering municipal employees subject to this paragraph other
9than school district professional employees
shall be for a term of 2 years. No, but in
10no case may a
collective bargaining agreement for any collective bargaining unit
11consisting of municipal employees subject to this paragraph other than school
12district professional employees shall
be for a term exceeding 3 years. c. No
13arbitration award may contain a provision for reopening of negotiations during the
14term of a collective bargaining agreement, unless both parties agree to such a
15provision. The requirement for agreement by both parties does not apply to a
16provision for reopening of negotiations with respect to any portion of an agreement
17that is declared invalid by a court or administrative agency or rendered invalid by
18the enactment of a law or promulgation of a federal regulation.
AB100, s. 1850 19Section 1850. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
AB100, s. 1851 20Section 1851. 111.70 (4) (cm) 8p. of the statutes is repealed.
AB100, s. 1852 21Section 1852. 111.70 (4) (cm) 8s. of the statutes is repealed.
AB100, s. 1853 22Section 1853. 111.70 (4) (d) 2. a. of the statutes is amended to read:
AB100,896,223 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective
24bargaining unit for the purpose of collective bargaining and shall whenever possible,
25unless otherwise required under this subchapter, avoid fragmentation by

1maintaining as few collective bargaining units as practicable in keeping with the size
2of the total municipal work force. In making such a determination, the commission
3may decide whether, in a particular case, the municipal employees in the same or
4several departments, divisions, institutions, crafts, professions, or other
5occupational groupings constitute a collective bargaining unit. Before making its
6determination, the commission may provide an opportunity for the municipal
7employees concerned to determine, by secret ballot, whether or not they desire to be
8established as a separate collective bargaining unit. The commission shall not
9decide, however, that any group of municipal employees constitutes an appropriate
10collective bargaining unit if the group includes both municipal employees who are
11school district professional employees and municipal employees who are not school
12district professional employees.
The commission shall not decide , however, that any
13other group of municipal employees constitutes an appropriate collective bargaining
14unit if the group includes both professional employees and nonprofessional
15employees, unless a majority of the professional employees vote for inclusion in the
16unit. The commission shall not decide that any group of municipal employees
17constitutes an appropriate collective bargaining unit if the group includes both craft
18employees and noncraft employees unless a majority of the craft employees vote for
19inclusion in the unit. The commission shall place the professional employees who are
20assigned to perform any services at a charter school, as defined in s. 115.001 (1), in
21a separate collective bargaining unit from a unit that includes any other professional
22employees whenever at least 30% of those professional employees request an election
23to be held to determine that issue and a majority of the professional employees at the
24charter school who cast votes in the election decide to be represented in a separate

1collective bargaining unit. Any vote taken under this subsection shall be by secret
2ballot.
AB100, s. 1854 3Section 1854. 111.815 (3) of the statutes is amended to read:
AB100,896,64 111.815 (3) With regard to collective bargaining activities involving employees
5who are assistant district attorneys, the director of the office shall maintain close
6liaison with the secretary department of administration justice.
AB100, s. 1855 7Section 1855. 115.28 (45) of the statutes is created to read:
AB100,896,138 115.28 (45) Grants for advanced placement courses. From the appropriation
9under s. 20.255 (2) (fw), award grants to school districts to partially reimburse them
10for the costs of offering advanced placement courses in high schools that are not
11offering such courses. A grant may not exceed an amount equal to $300 multiplied
12by the number of pupils in the high school's advanced placement courses in the fall
13or spring session in which the grant is awarded.
AB100, s. 1856 14Section 1856. 115.28 (47m) of the statutes is created to read:
AB100,896,1715 115.28 (47m) Grant to Beloit College. Annually award the amount
16appropriated under s. 20.255 (2) (kn) to Beloit College to educate children and adults
17in southern Wisconsin about Native American cultures.
AB100, s. 1857 18Section 1857. 115.29 (6) of the statutes is created to read:
AB100,896,2219 115.29 (6) English language proficiency assessment system. Assist in the
20establishment of, and participate in, a consortium of state education agencies
21organized to obtain public and private funds to be used to purchase an English
22language proficiency assessment system.
AB100, s. 1858 23Section 1858. 115.341 (1) of the statutes is amended to read:
AB100,897,424 115.341 (1) From the appropriation under s. 20.255 (2) (cm), the state
25superintendent shall reimburse each school board 10 15 cents for each breakfast

1served at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever
2is applicable, and shall reimburse each governing body of a private school 10 15 cents
3for each breakfast served at the private school that meets the requirements of 7 CFR
4220.8
or 220.8a, whichever is applicable.
AB100, s. 1859 5Section 1859. 115.3615 of the statutes is amended to read:
AB100,897,18 6115.3615 Head start supplement. From the appropriations appropriation
7under s. 20.255 (2) (eh) and (kh), the state superintendent shall distribute funds to
8agencies determined by the state superintendent to be eligible for designation as
9head start agencies under 42 USC 9836 to provide comprehensive health,
10educational, nutritional, social and other services to economically disadvantaged
11children and their families. The state superintendent shall distribute the funds in
12a manner consistent with 42 USC 9831 to 9852 except that there is no matching fund
13requirement. The state superintendent shall give preference in funding under this
14section to agencies that are receiving federal funds under 42 USC 9831 to 9852 and
15to agencies that operate full-time or early head start programs. Funds distributed
16under this section may be used to match available federal funds under 42 USC 9831
17to 9852 only if the funds are used to secure additional federal funds for the purposes
18under this section.
AB100, s. 1860 19Section 1860. 115.40 of the statutes is created to read:
AB100,897,24 20115.40 Grants for differentiated compensation programs. (1) During
21the 2005-07 fiscal biennium, a school district is eligible for a grant under this section
22for the design, development, and implementation of a differentiated compensation
23program that bases all or part of teacher salary increases on one or more of the
24following factors:
AB100,898,2
1(a) An increase in a teacher's knowledge about teaching or about the subjects
2he or she teaches or an improvement in a teacher's teaching skills.
AB100,898,43 (b) The assumption by a teacher of additional leadership responsibilities,
4including mentoring other teachers.
AB100,898,65 (c) The assignment of a teacher to a grade level or subject area in which there
6are teacher shortages.
AB100,898,87 (d) The assignment of a teacher to a school that is difficult to staff or that is low
8in pupil performance.
AB100,898,11 9(2) From the appropriation under s. 20.255 (2) (dc), the department shall award
10two-year, nonrenewable grants under this section to no more than 20 school
11districts. The amount of a grant may not exceed $100,000.
AB100,898,14 12(3) Within 90 days after the end of the grant period, each school board receiving
13a grant under this section shall submit to the department a report that summarizes
14the activities funded by the grant.
AB100,898,15 15(4) The department shall do all of the following:
AB100,898,1716 (a) Award grants under this section in a competitive process based on criteria
17designed by the department.
AB100,898,2018 (b) In awarding grants, give preference to school districts that demonstrate the
19support of the teachers employed by the school district, the community, and the
20businesses in the community.
AB100,898,2321 (c) In awarding grants, make all reasonable efforts to reflect the diversity of
22school districts in size of enrollment, ethnicity, location, family income, and density
23of population.
AB100,898,2424 (d) Promulgate rules to implement and administer this section.
AB100,899,3
1(5) This section does not affect a school district's duty to bargain with the
2employees collective bargaining representative over wages, hours, and conditions of
3employment.
AB100, s. 1861 4Section 1861. 115.405 (1) of the statutes is renumbered 115.405 (1) (a) and
5amended to read:
AB100,899,186 115.405 (1) (a) A cooperative educational service agency or a consortium
7consisting of 2 or more school districts or cooperative educational service agencies,
8or a combination thereof, may apply to the department for a grant to provide
9technical assistance and training for teachers who are licensed or have been issued
10a permit under ss. 115.28 (7) and 118.192 to implement peer review and mentoring
11programs. An applicant for a grant under this section subsection shall submit to the
12department a plan identifying the school districts and cooperative educational
13service agencies that will participate in the peer review and mentoring program and
14describing how the grant funds will be allocated. As a condition of receiving a grant
15under this section subsection, a cooperative educational service agency or a
16consortium shall provide matching funds in an amount equal to at least 20% of the
17amount of the grant awarded. The matching funds may be in the form of money or
18in-kind services or both.
AB100, s. 1862 19Section 1862. 115.405 (2) of the statutes is renumbered 115.405 (1) (b) and
20amended to read:
AB100,899,2321 115.405 (1) (b) The department shall award grants under par. (a) from the
22appropriation under s. 20.255 (2) (fk). The department may not award more than
23$25,000 to an applicant in a fiscal year.
AB100, s. 1863 24Section 1863. 115.405 (2m) of the statutes is created to read:
AB100,900,2
1115.405 (2m) (a) In this subsection, "initial educator" means a person who is
2licensed by the department as an initial educator under s. PI 34.17, Wis. Adm. Code.
AB100,900,93 (b) From the appropriation under s. 20.255 (2) (fh), the department shall award
4a grant to each person employing an initial educator in a position requiring a
5teaching license issued by the department under s. 115.28 (7), for each initial
6educator so employed. The amount of the grant shall be equal to the amount that
7the employer is spending to provide a mentor for the initial educator, but not more
8than $375. The employer shall use the money to provide a mentor for each initial
9educator employed.
AB100,900,1210 (c) If the amount appropriated under s. 20.255 (2) (fh) in any fiscal year is
11insufficient to fully fund the grants under this subsection, the department shall
12prorate the payments to eligible persons.
AB100, s. 1864 13Section 1864. 115.42 (title) of the statutes is amended to read:
AB100,900,15 14115.42 (title) National Grants for national teacher certification or
15master educator licensure
.
AB100, s. 1865 16Section 1865. 115.42 (1) (a) 1. of the statutes is amended to read:
AB100,900,1917 115.42 (1) (a) 1. The person is certified by the National Board for Professional
18Teaching Standards or licensed by the department as a master educator under s. PI
1934.19, Wis. Adm. Code
.
AB100, s. 1866 20Section 1866. 115.42 (1) (a) 2. of the statutes is amended to read:
AB100,900,2421 115.42 (1) (a) 2. The person is licensed as a teacher by the state superintendent,
22or employed as a teacher in a private school located in this state in a position that
23would require a license issued by the state superintendent if the position were in a
24public school
.
AB100, s. 1867 25Section 1867. 115.42 (1) (a) 4. of the statutes is amended to read:
AB100,901,3
1115.42 (1) (a) 4. The person is employed as a teacher in this state in a position
2that requires a license issued by the state superintendent or that would require such
3a license if the position were in a public school
.
AB100, s. 1868 4Section 1868. 115.42 (1) (b) of the statutes is amended to read:
AB100,901,95 115.42 (1) (b) The grant under this subsection shall be an amount equal to the
6costs of obtaining certification or licensure under par. (a) 1. that are borne by the
7person, not to exceed $2,000. The department shall award the grant under this
8subsection in the first school year in which the person meets the requirements under
9par. (a).
AB100, s. 1869 10Section 1869. 115.42 (2) (a) 1. of the statutes is amended to read:
AB100,901,1311 115.42 (2) (a) 1. The person maintains his or her certification by the National
12Board for Professional Teaching Standards
national teacher certificate or master
13educator license
.
AB100, s. 1870 14Section 1870. 115.42 (2) (a) 2. of the statutes is amended to read:
AB100,901,1715 115.42 (2) (a) 2. The person maintains his or her license as a teacher issued by
16the state superintendent or remains employed in a private school located in this
17state.
AB100, s. 1871 18Section 1871. 115.42 (2) (a) 4. of the statutes is amended to read:
AB100,901,2119 115.42 (2) (a) 4. The person remains employed as a teacher in this state in a
20position that requires a license issued by the state superintendent or that would
21require a license if the position were in a public school
.
AB100, s. 1872 22Section 1872. 115.42 (3) of the statutes is amended to read:
AB100,902,223 115.42 (3) The department may not require, as a condition for renewing a
24person's teaching license, that the person have earned continuing professional
25education credits or their equivalent in the 5 years immediately preceding his or her

1application for license renewal if he or she has been initially certified by the National
2Board for Professional Teaching Standards during those 5 years.
AB100, s. 1873 3Section 1873. 115.42 (4) (c) of the statutes is amended to read:
AB100,902,54 115.42 (4) (c) The number of times that a teacher person may be exempt from
5continuing professional education requirements under sub. (3).
AB100, s. 1874 6Section 1874. 115.445 of the statutes is created to read:
AB100,902,9 7115.445 Four-year-old kindergarten grants. (1) A school board may
8apply to the department for up to 2 annual grants under this section to implement
9a 4-year-old kindergarten program.
AB100,902,14 10(2) (a) For the initial grant awarded under this section, the department shall
11pay the school board up to $3,000 for each 4-year-old kindergarten pupil enrolled
12in the school district. For the second grant awarded under this section, the
13department shall pay the school board up to $1,500 for each 4-year-old kindergarten
14pupil enrolled in the school district.
AB100,902,1915 (b) The department shall pay grants under this section from the appropriation
16under s. 20.255 (2) (dp) and shall give preference in awarding grants to school boards
17that use community approaches to early education, as defined by the department by
18rule. If the funds in this appropriation are insufficient to pay all eligible school
19boards, the department shall prorate the payments.
AB100,902,20 20(3) The department shall promulgate rules to implement this section.
AB100, s. 1875 21Section 1875. 115.49 of the statutes is created to read:
AB100,902,23 22115.49 Pupil diversity grants . (1) A person may apply to the department
23under this section for an annual grant to do any of the following:
AB100,902,2524 1. Impart to pupils an appreciation and understanding of different value
25systems and cultures.
AB100,903,2
12. Promote pupils' understanding of human relations, particularly with regard
2to American Indians.
AB100,903,43 3. Assist pupils, schools, and communities in appreciating racial and cultural
4diversity.
AB100,903,6 5(2) (a) The department shall award grants under this section from the
6appropriation under s. 20.255 (2) (kj). No grant may exceed $30,000.
AB100,903,77 (b) The department shall promulgate rules to implement this section.
AB100, s. 1876 8Section 1876. 115.751 of the statutes is created to read:
AB100,903,13 9115.751 Aid to alternative schools. (1) (a) Subject to the requirements of
10par. (b), each alternative school operating an American Indian language and culture
11education program under this subchapter shall receive state aid, from the
12appropriation under s. 20.255 (2) (km), in an amount equal to $200 for each pupil who
13has completed the fall semester in the program.
AB100,903,1514 (b) No alternative school may receive state aid under this section unless the
15state superintendent:
AB100,903,1816 1. Determines that the alternative school has adequate management and
17accounting capacity and that the school agrees that its accounts related to the
18program may be audited.
AB100,903,2319 2. Certifies that the alternative school has met the requirements of ss. 115.73
20and 115.735 and has submitted a report to the state superintendent which includes
21a description of all expenditures made in the prior year in connection with the
22program, a budget for the current year for the program, and the number of pupils who
23have completed the fall semester in the program.
AB100,904,3
1(2) State aid under this section shall be paid in April of each year. In no case
2may such aid supplant federal aid received by the alternative school and utilized for
3American Indian language and culture education programs in the prior year.
AB100,904,6 4(3) If the appropriation under s. 20.255 (2) (km) in any year is insufficient to
5pay the full amount of aid under this section, state aid payments shall be prorated
6among the alternative schools entitled to such aid.
AB100, s. 1877 7Section 1877. 115.88 (1) of the statutes is amended to read:
AB100,904,178 115.88 (1) Personnel. A school board, board of control of a cooperative
9educational service agency or, upon authorization of the county board, a county
10children with disabilities education board may employ, for a special education
11program, either full- or part-time licensed teachers, licensed coordinators of special
12education, licensed school social workers, licensed school psychologists, licensed
13school counselors,
paraprofessionals, licensed consulting teachers to work with any
14teacher of regular education programs who has a child with a disability in a class and
15any other personnel approved by the department. The board may contract with
16private or public agencies for physical or occupational therapy services on the basis
17of demonstrated need.
AB100, s. 1878 18Section 1878. 115.88 (1m) (am) of the statutes is amended to read:
AB100,905,719 115.88 (1m) (am) If the operator of a charter school established under s. 118.40
20(2r) operates a special education program and the state superintendent is satisfied
21that the operator of the charter school is complying with 20 USC 1400 to 1491o, the
22state superintendent shall certify to the department of administration in favor of the
23operator of the charter school a sum equal to the amount that the operator of the
24charter school expended during the previous school year for salaries of full-time or
25part-time licensed teachers, licensed coordinators of special education, licensed

1school social workers, licensed school psychologists, licensed school counselors,
2paraprofessionals, licensed consulting teachers to work with any teacher of regular
3education programs who has a child with a disability in a class and any other
4personnel, as determined by the state superintendent. Certified costs under this
5paragraph are eligible for reimbursement from the appropriation under s. 20.255 (2)
6(b). The state superintendent may audit costs under this paragraph and adjust
7reimbursement to cover only actual, eligible costs.
AB100, s. 1879 8Section 1879. 115.881 of the statutes is created to read:
AB100,905,16 9115.881 Additional special education aid. (1) A school board, board of
10control of a cooperative educational service agency, county children with disabilities
11education board, or operator of a charter school established under s. 118.40 (2r) may
12apply to the department for aid under this section if the applicant incurred, in the
13previous school year, more than $30,000 of nonadministrative costs for providing
14special education and related services to a child and those costs were not eligible for
15reimbursement under s. 115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal
16medicaid.
AB100,905,20 17(2) For each child whose costs exceeded $30,000 under sub. (1), the department
18shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the
19current school year an amount equal to 0.90 multiplied by that portion of the cost
20under sub. (1) that exceeded $30,000.
AB100,905,23 21(3) If the appropriation under s. 20.255 (2) (bd) is insufficient to pay the full
22amount of costs under sub. (2), the department shall prorate payments among
23eligible applicants.
AB100, s. 1880 24Section 1880. 115.882 of the statutes is amended to read:
AB100,906,7
1115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b)
2shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement
3from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8),
4115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount
5appropriated for reimbursement for the costs, less the amount paid by the
6department of health and family services under s. 20.435 (4) (b) and (o) under s. 49.45
7(39) (b) 1m.,
not to exceed 100%.
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