SB405: Bill Text

SB405,18,23 (b) The superintendent of schools may not enter into a contract specifying wages, hours, or conditions of employment with any organization that is not a labor organization, as defined in s. 111.70 (1) (h).

SB405, s. 36 Section 36. 119.18 (title), (1g) and (1r) of the statutes are amended to read:

SB405,19,4 119.18 (title) Board Superintendent of schools; powers. (1g) Generally. The board superintendent of schools may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils.

SB405,19,8 (1r) Rules. The board superintendent of schools may adopt and modify or repeal rules for its own government the administration of the school district and for the organization, discipline and management of the public schools which shall promote the good order and public usefulness of the public schools.

SB405, s. 37 Section 37. 119.18 (2) of the statutes is renumbered 119.14 (3).

SB405, s. 38 Section 38. 119.18 (3) to (5), (6) (intro.) and (b) and (7) to (10) of the statutes are amended to read:

SB405,19,13 119.18 (3) Transportation. The board superintendent of schools may provide for the transportation of pupils to and from any school within the city.

SB405,19,15 (4) Insurance. The board superintendent of schools may provide for accident insurance covering pupils in the school district.

SB405,19,24 (5) Textbooks for indigent pupils. The board superintendent of schools may purchase textbooks for pupils whose parents, guardians or other persons having control or custody of such pupils are without means to furnish them with textbooks, if the indigency of such pupils have been investigated and certified by a welfare worker or attendance officer. The local governmental authority administering poor relief in the city shall reimburse the board superintendent of schools for all expenditures by the board superintendent of schools for such textbooks. Such textbooks shall be the property of the city and subject to the disposal of the board superintendent of schools.

SB405,20,3 (6) School calendar. (intro.) The board superintendent of schools may determine the school calendar and vacation periods for each school year for the regular day schools, summer schools, social centers and playgrounds, except that:

SB405,20,5 (b) The board superintendent of schools may close any school or dismiss any class in the event of an emergency, fire or other casualty, quarantine or epidemic.

SB405,20,9 (7) School hours. The board superintendent of schools may establish rules scheduling the hours of each school day during which the schools shall be in session. The board superintendent of schools may differentiate between the various grades in scheduling such school hours.

SB405,20,13 (8) Schools closed. The board superintendent of schools may determine on which national, state and local legal holidays and for which educational conventions the public schools shall be closed. There shall be no deductions from the annual or monthly compensation of employees not rendering services on such days.

SB405,20,16 (9) Enrollment under legal name. The board superintendent of schools may require that any pupil attending public school shall be enrolled under the pupil's legal name.

SB405,20,20 (10) Employees. (b) Subject to ss. 63.18 to 63.53 when applicable, the board superintendent of schools may employ and determine the qualifications, duties and compensation of any persons as are required in the operation and management of the schools.

SB405,20,24 (c) The board superintendent of schools may employ a staff to aid it in its his or her duties. The board superintendent of schools shall determine the compensation, duties and qualifications of its his or her staff, including whether or not employment of such staff shall be subject to ss. 63.18 to 63.53.

SB405, s. 39 Section 39. 119.18 (11) of the statutes is renumbered 119.14 (14).

SB405, s. 40 Section 40. 119.18 (12), (13) (intro.), (b) and (c) and (14) of the statutes are amended to read:

SB405,21,6 119.18 (12) Employer contribution. The board superintendent of schools may make as the employer agency the contributions to the city retirement system payable under chapter 396, laws of 1937, in respect to its his or her employees who are members of such system.

SB405,21,15 (13) Exchange teachers. (intro.) The board superintendent of schools may make an agreement with the managing body of the schools in any city or school district in the United States or another country for the exchange of one of the board's teachers a teacher for a teacher of such other city or school district for a period not exceeding one school year. The board superintendent of schools shall determine the qualifications and compensation of the teacher rendering service under the agreement in the schools under its his or her jurisdiction, who shall be counted as a regular teacher in the city in the computation of state and county school aids. The agreement shall state:

SB405,21,19 (b) That any teacher regularly employed by the board superintendent of schools under this chapter shall receive credit for the year of exchange teaching service in the computation of any benefits to which the teacher is entitled under ch. 40 and the manner in which the monthly reservations shall be paid under that subchapter.

SB405,21,21 (c) Such other provisions as the board superintendent of schools and the other managing body deem appropriate.

SB405,22,2 (14) Sales and charges. The board superintendent of schools may establish and maintain, in any of the schools or playgrounds under its his or her jurisdiction, cafeterias and stores for the sale of schoolbooks, candies, refreshments and supplies. The board superintendent of schools also may charge or permit the making of a charge for admission to any school, social center or athletic entertainment or activity, under such terms and conditions as the board prescribes.

SB405, s. 41 Section 41. 119.18 (15) of the statutes is renumbered 119.14 (4) and amended to read:

SB405,22,8 119.14 (4) Lease school property. In addition to any other authority, the board may lease school sites, buildings and equipment not needed for school purposes, as determined by the superintendent of schools, to any person for any lawful use at a reasonable rental for a term not exceeding 15 years.

SB405, s. 42 Section 42. 119.18 (16) to (22) of the statutes are amended to read:

SB405,22,19 119.18 (16) Gifts and grants. The board superintendent of schools may receive, accept and use gifts or grants of furniture, books, equipment, supplies, moneys, securities or other property used or useful for school and educational purposes. The board superintendent of schools shall make such use of gifts or grants, or invest the same in the case of moneys, as the donor or grantor specifies. In the absence of any specific direction as to the use of such gifts or grants by a donor or grantor, the board superintendent of schools may determine the use of or may invest the same in accordance with the law applicable to trust investments. In the use, control or investment of such gifts or grants, the board superintendent of schools may exercise the rights and powers generally conferred upon trustees.

SB405,22,25 (17) Purchases from house of correction. The board superintendent of schools may purchase for use in the schools, from any county in which the city is located, furniture, furnishings and equipment manufactured in any house of correction under s. 303.16 (1). The board superintendent of schools may waive the furnishing by the county or institution of bid bonds and performance bonds otherwise required by the statutes in connection with any such purchase.

SB405,23,3 (18) Copyright materials. The board superintendent of schools may copyright under the applicable federal laws any book, pamphlet, bulletin or record form edited and published by or under the direction of the board superintendent of schools.

SB405,23,6 (19) Fences. The board superintendent of schools may construct around any schoolhouse or playground site a fence of materials and design approved by the board superintendent of schools.

SB405,23,9 (20) Diplomas. The board superintendent of schools may grant diplomas in testimony of the completion of high school or special education requirements, including the requirements of special schools established under s. 119.28.

SB405,23,12 (21) Rules on conduct and dress. The board superintendent of schools may establish rules pertaining to conduct and dress of pupils in order to maintain good decorum and a favorable academic atmosphere.

SB405,23,16 (22) Records custodian. On Except as provided in s. 119.14 (15), on behalf of any school district authority as defined in s. 19.32 (1), including the board, school district officers and any subunit of the board or school district, the superintendent of schools may designate one or more persons to be legal custodians of records.

SB405, s. 43 Section 43. 119.18 (23) of the statutes is repealed and recreated to read:

SB405,23,23 119.18 (23) School closings. (a) Subject to par. (b), the superintendent of schools may close any school that he or she determines is low in performance. If the superintendent of schools closes a school, he or she may reassign the school's staff members without regard to seniority in service. If the superintendent of schools reopens the school, he or she may reassign staff members to the school without regard to seniority in service.

SB405,24,8 (b) At least 60 days before closing a school, the superintendent of schools shall submit the proposal to close the school to the board for its review. If the board objects to the closing, it shall return the proposal to the superintendent of schools within 15 days, indicating in writing the reasons for its objection. The superintendent of schools shall respond to the board's objection, in writing, within 25 days. The response may include a revised proposal. The board may hold one or more public hearings on the superintendent's response. At the board's request, the superintendent of schools shall participate in the public hearings. If the board holds one or more hearings, it shall provide to the superintendent of schools a written report on the hearings within 15 days of receiving the superintendent's response.

SB405, s. 44 Section 44. 119.19 of the statutes is amended to read:

SB405,24,20 119.19 Released time for religious instruction. (1) The board superintendent of schools may permit a pupil, with the written permission of the pupil's parent or guardian, to be absent from school for up to 180 minutes per week to obtain religious instruction outside the school during the required school period. The board superintendent of schools shall determine periods allotted for the pupil to be absent from school for the purpose of religious instruction. Monthly, the supervisor of the religious instruction shall report the names of the pupils who attended such weekly religious instruction to the principal of the school that the pupil regularly attends. The board superintendent of schools may withdraw permission to be absent from school if a pupil does not attend the religious instruction.

SB405,24,22 (2) The board superintendent of schools is not responsible for transporting a pupil to or from religious instruction under sub. (1).

SB405,24,24 (3) The board superintendent of schools is released from all liability for a pupil who is absent from school under sub. (1).

SB405, s. 45 Section 45. 119.23 (4r) (intro.) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB405,25,10 119.23 (4r) (intro.) If, after the 3rd Friday in September in any school year, a private school participating in the program under this section closes, for each installment under sub. (4) (c) that was not paid to the private school in that school year, the state superintendent shall pay to the board school district operating under this chapter, from the appropriation under s. 20.255 (2) (fv), the amount determined as follows for each pupil who had been attending the private school under this section in that school year and who enrolls in the school district operating under this chapter in that school year:

SB405, s. 46 Section 46. 119.23 (6) of the statutes is amended to read:

SB405,25,14 119.23 (6) The board superintendent of schools shall provide transportation to pupils attending a private school under this section if required under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so transported.

SB405, s. 47 Section 47. 119.23 (7) (b) 7. a. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB405,25,22 119.23 (7) (b) 7. a. Except as provided in subd. 7. b., if the private school ceases operating as a private school, immediately transfer all of the progress records of the pupils who attended the school under this section to the board superintendent of schools. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of progress records under this subd. 7. a.

SB405, s. 48 Section 48. 119.235 (1) of the statutes is amended to read:

SB405,26,6 119.235 (1) The board superintendent of schools may contract with any nonsectarian private school located in the city or any nonsectarian private agency located in the city to provide educational programs to pupils enrolled in the school district operating under this chapter. The board superintendent of schools shall ensure that each private school or agency under contract with the board superintendent of schools complies with ss. 118.125 and 118.13, 20 USC 1232g, 20 USC 1681 to 1688, 20 USC 3171 to 3197, 29 USC 794, 42 USC 2000d and 42 USC 6101 to 6107, and all health and safety laws and rules that apply to public schools.

SB405, s. 49 Section 49. 119.235 (2) (intro.) and (b) of the statutes are amended to read:

SB405,26,9 119.235 (2) (intro.) Each private school or agency under contract with the board superintendent of schools shall do all of the following:

SB405,26,11 (b) Participate in the board's superintendent of schools' parent information program.

SB405, s. 50 Section 50. 119.235 (2) (d) of the statutes is amended to read:

SB405,26,14 119.235 (2) (d) Meet insurance and financial requirements established by the board superintendent of schools.

SB405, s. 51 Section 51. 119.235 (2) (e) 2. of the statutes is amended to read:

SB405,26,18 119.235 (2) (e) 2. A pupil selection process that gives preference to the siblings of enrolled pupils and that gives no other preferences except those approved by the board superintendent of schools.

SB405, s. 52 Section 52. 119.235 (2) (f) of the statutes is amended to read:

SB405,26,21 119.235 (2) (f) Report to the board superintendent of schools any information requested by the board superintendent of schools.

SB405, s. 53 Section 53. 119.235 (3) of the statutes is amended to read:

SB405,27,2 119.235 (3) Any pupil enrolled in the school district operating under this chapter may attend, at no charge, any private school or agency with which the board superintendent of schools has contracted under sub. (1) if space is available in the private school or agency.

SB405, s. 54 Section 54. 119.235 (4) of the statutes is amended to read:

SB405,27,7 119.235 (4) The board superintendent of schools shall establish appropriate, quantifiable performance standards for pupils at each private school or agency with which it he or she contracts in such areas as attendance, reading achievement, pupil retention, pupil promotion, parent surveys, credits earned and grade point average.

SB405, s. 55 Section 55. 119.235 (5) of the statutes is amended to read:

SB405,27,13 119.235 (5) Annually, the board superintendent of schools shall monitor the performance of the program under this section. The board superintendent of schools may use the results of standardized basic educational skills tests to do so. The board superintendent of schools shall include a summary of its his or her findings in its the annual report to the state superintendent under s. 119.44.

SB405, s. 56 Section 56. 119.24 of the statutes is amended to read:

SB405,27,23 119.24 Admission of pupils. A pupil may attend a school in an attendance district other than the one in which he or she resides with the written permission of the superintendent of schools. Beginning in the 2000-01 school year, the board The superintendent of schools shall provide spaces in each school for pupils who reside outside the attendance district for the school, but shall fill any unused spaces with pupils who reside in the attendance district. A pupil who attends a school may continue to attend that school until he or she graduates from the school and each sibling of that pupil shall be given priority over other pupils in the process of admission for that school.

SB405, s. 57 Section 57. 119.245 (2) of the statutes, as affected by 2009 Wisconsin Act 58, is amended to read:

SB405,28,12 119.245 (2) Beginning in the 2008-09 school year, the board superintendent of schools may apply to the department for an annual grant of up to $10,000,000 to implement initiatives to improve pupil academic achievement in all grades, such as employing licensed teachers to tutor pupils who are struggling academically, or employing persons to coordinate the district's instructional programs and provide ongoing professional development for teachers. The board superintendent of schools shall submit with its his or her application a plan for the department's approval describing the initiatives for which the grant will be used, describing the research showing that the initiatives have a positive effect on pupil academic achievement, and including criteria for evaluating the effectiveness of the initiatives, such as high school graduation rates or the results of the statewide pupil assessments under s. 118.30.

SB405, s. 58 Section 58. 119.245 (3) of the statutes, as affected by 2009 Wisconsin Act 58, is amended to read:

SB405,28,19 119.245 (3) The department may approve the plan submitted under sub. (2) in whole or in part. If the department approves a plan in part, the board superintendent of schools may submit an additional plan for the same school year and the department may award the board school district operating under ch. 119 all or part of the balance of grant funds.

SB405, s. 59 Section 59. 119.245 (4) of the statutes, as affected by 2009 Wisconsin Act 58, is amended to read:

SB405,28,23 119.245 (4) The department shall award grants to the board school district operating under ch. 119 from the appropriation under s. 20.255 (2) (df).

SB405, s. 60 Section 60. 119.25 (1) and (2) (a) (intro.), (b) and (d) 2. of the statutes are amended to read:

SB405,29,4 119.25 (1) The board superintendent of schools may adopt a resolution issue a directive, which is effective only during the school year in which it is adopted issued, authorizing any of the following to determine pupil expulsion from school under sub. (2) instead of using the procedure under s. 120.13 (1) (c):

SB405,29,6 (a) An independent hearing panel appointed by the board superintendent of schools.

SB405,29,8 (b) An independent hearing officer appointed by the board superintendent of schools.

SB405,29,11 (2) (a) (intro.) During any school year in which a resolution adopted directive issued under sub. (1) is effective, the independent hearing officer or independent hearing panel appointed by the board superintendent of schools:

SB405,30,13 (b) No administrator may be designated to participate in an expulsion hearing if he or she was involved in the incident that led to the expulsion proceeding. Prior to expelling a pupil, the hearing officer or panel shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian, may be represented at the hearing by counsel. The hearing officer or panel shall keep a full record of the hearing. The hearing officer or panel shall inform each party of the right to a complete record of the proceeding. Upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent or guardian. Upon the ordering by the hearing officer or panel of the expulsion of a pupil, the school district shall mail a copy of the order to the board, the pupil and, if the pupil is a minor, the pupil's parent or guardian. A school board, hearing officer or panel may disclose the transcript to the parent or guardian of an adult pupil, if the adult pupil is a dependent of his or her parent or guardian under section 152 of the internal revenue code. Within 30 days after the date on which the order is issued, the board shall review the expulsion order and shall, upon review, approve, reverse or modify the order. The order of the hearing officer or panel shall be enforced while the board reviews the order. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the board's decision to the state superintendent. If the board's decision is appealed to the state superintendent, within 60 days after the date on which the state superintendent receives the appeal, the state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the board shall be enforced while the state superintendent reviews the decision. An appeal from the decision of the state superintendent may be taken within 30 days to the circuit court for the county in which the school is located.

SB405,30,22 (d) 2. An independent hearing panel or independent hearing officer appointed by the board superintendent of schools may specify one or more early reinstatement conditions in the expulsion order under par. (b) if the early reinstatement conditions are related to the reasons for the pupil's expulsion. Within 15 days after the date on which the expulsion order is issued, the expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the determination regarding whether an early reinstatement condition specified in the expulsion order is related to the reasons for the pupil's expulsion to the board. The decision of the board regarding that determination is final and not subject to appeal.

SB405, s. 61 Section 61. 119.26 of the statutes is amended to read:

SB405,31,5 119.26 Partial annexation of school district. When the city has annexed a portion of the territory of a school district and such annexation does not include the site of any school building of such school district, the school board of the district and the board superintendent of schools may enter into an agreement to permit pupils residing in the annexed territory to continue to attend school in the school district, and the board superintendent of schools shall pay tuition to the school district for the pupils in accordance with s. 121.78.

SB405, s. 62 Section 62. 119.28 (1) of the statutes is amended to read:

SB405,31,11 119.28 (1) The board superintendent of schools shall establish and maintain such special schools for children with disabilities, as defined in s. 115.76 (5), as are required to accommodate pupils of school age desiring to attend school. The board superintendent of schools shall prescribe the courses of study and the educational and other activities in special schools.

SB405, s. 63 Section 63. 119.28 (2) of the statutes is amended to read:

SB405,31,14 119.28 (2) The board superintendent of schools may employ teachers to give instruction in homes or hospitals to pupils unable to attend special schools.

SB405, s. 64 Section 64. 119.28 (3) of the statutes is amended to read:

SB405,31,18 119.28 (3) The board superintendent of schools may provide transportation for pupils attending special schools and provide school lunches for pupils under such terms as it he or she determines.

SB405, s. 65 Section 65. 119.28 (4) of the statutes is amended to read:

SB405,31,22 119.28 (4) The superintendent of schools shall prescribe, with the approval of the committee on instruction, the periods of instruction at special schools subject to amendment, rejection or confirmation by the board.

SB405, s. 66 Section 66. 119.30 of the statutes is amended to read: