LRB-3037/1
GMM:wlj:rs
2005 - 2006 LEGISLATURE
July 7, 2005 - Introduced by Representatives Underheim, Friske, Vos, Lothian and
Nass, cosponsored by Senator Roessler. Referred to Committee on Education.
AB541,1,3
1An Act to create 121.78 (5) of the statutes;
relating to: payment for educational
2services provided to a pupil who is placed in a secure detention facility, jail, or
3county house of correction.
Analysis by the Legislative Reference Bureau
Under current law, a juvenile who has been taken into custody and who meets
certain criteria may be held in custody prior to disposition in a secure detention
facility or juvenile portion of a county jail. A juvenile may also be placed in a secure
detention facility or juvenile portion of a county jail under a dispositional order, as
a sanction for violating a dispositional order, for short-term detention while an
alleged violation of a dispositional order or condition of aftercare is being
investigated, or for short-term detention as a consequence of such a violation. In
addition, a juvenile 15 years of age or over who is subject to the jurisdiction of the
court of criminal jurisdiction may be held in an adult jail in the same manner as an
adult.
Current Department of Corrections (DOC) rules require the superintendent of
a secure detention facility or juvenile portion of a county jail to ensure that a juvenile
held in the secure detention facility or juvenile portion of a county jail has access to
educational services, as provided by the school district in which the secure detention
facility or juvenile portion of a county jail is located. Current DOC rules also require
the sheriff of each county to develop a written policies and procedures manual for the
operation of each jail or county house of correction that includes policies and
procedures for providing educational programming for prisoners under 18 years of
age.
This bill provides that when a pupil who is placed in a secure detention facility,
jail, or county house of correction is provided with educational services by the school
district in which the secure detention facility, jail, or county house of correction is
located, the school board of the school district in which the pupil resided at the time
the pupil was placed in the secure detention facility, jail, or county house of correction
must pay tuition for the pupil to the school district providing the educational
services. The bill requires the school board to pay for each full-time equivalent pupil
served by the school district providing the educational services an amount equal to
the average per pupil cost for the school district of the school board.
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:
AB541, s. 1
1Section
1. 121.78 (5) of the statutes is created to read:
AB541,2,132
121.78
(5) Educational services for pupils in secure custody. If a pupil who
3is placed in a secure detention facility, as defined in s. 938.02 (16), jail, or county
4house of correction is provided with educational services by the school district in
5which the secure detention facility, jail, or county house of correction is located, the
6school board of the school district in which the pupil resided at the time the pupil was
7placed in the secure detention facility, jail, or county house of correction shall pay
8tuition for the pupil to the school district providing the educational services. A school
9board paying tuition for a pupil under this subsection shall count the pupil as 1.0
10pupil in membership for general aid under subch. II. The school board shall pay for
11each full-time equivalent pupil served by the school district providing the
12educational services an amount equal to the average per pupil cost for the school
13district of the school board.
