AB40,973,9
1118.15 (1) (b) Upon the child's request of the school board and with the written
2approval of the child's parent or guardian, any child who is 16 years of age or over
3and a child at risk, as defined in s. 118.153 (1) (a), may attend, in lieu of high school
4or on a part-time basis, a technical college if the child and his or her parent or
5guardian agree, in writing, that the child will participate in a program leading to the
6child's high school graduation. The district board of the technical college district in
7which the child resides shall admit the child. Every technical college district board
8shall offer day class programs satisfactory to meet the requirements of this
9paragraph and s. 118.33 (3m) as a condition to the receipt of any state aid.
AB40, s. 2479 10Section 2479. 118.153 (title) and (1) (intro.) of the statutes are repealed.
AB40, s. 2480 11Section 2480. 118.153 (1) (a) of the statutes is renumbered 115.001 (1m).
AB40, s. 2481 12Section 2481. 118.153 (1) (b) of the statutes is renumbered 115.001 (2m).
AB40, s. 2482 13Section 2482. 118.153 (2) to (7) of the statutes are repealed.
AB40, s. 2483 14Section 2483. 118.16 (2) (cg) 2. of the statutes is amended to read:
AB40,973,1815 118.16 (2) (cg) 2. A statement that the parent, guardian or child may request
16program or curriculum modifications for the child under s. 118.15 (1) (d) and that the
17child may be eligible for enrollment in a program for children at risk under s. 118.153
18(3)
.
AB40, s. 2484 19Section 2484. 118.16 (2m) (a) 2. of the statutes is amended to read:
AB40,973,2520 118.16 (2m) (a) 2. An employee of the school district who is directly involved
21in the provision of a modified program or curriculum under s. 118.15 (1) (d), a
22program for children at risk under s. 118.153
or an alternative educational program
23under s. 119.82 or any other alternative educational program to children who attend
24the school attended by the truant child, if the school district administrator believes
25that the program or curriculum may be appropriate for the truant child.
AB40, s. 2485
1Section 2485. 118.163 (1) (a) of the statutes is repealed.
AB40, s. 2486 2Section 2486. 118.19 (1) of the statutes is amended to read:
AB40,974,63 118.19 (1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach
4in a public school, including a charter school other than a charter school established
5under s. 118.40 (2r)
, or in a school or institution operated by a county or the state shall
6first procure a license or permit from the department.
AB40, s. 2487 7Section 2487. 118.205 of the statutes is created to read:
AB40,974,10 8118.205 Residency requirements. (1) In this section, "teacher" means any
9person holding a license or permit issued by the state superintendent whose
10employment by a school district requires that he or she hold that license or permit.
AB40,974,12 11(2) A school board may not require, as a condition of employment, that a teacher
12reside within the school district.
AB40, s. 2488 13Section 2488. 118.29 (6) of the statutes, as created by 2009 Wisconsin Act 160,
14is amended to read:
AB40,974,2115 118.29 (6) Training. Notwithstanding sub. (2) (a) 1. to 2r., no school bus driver,
16employee, or volunteer may administer a nonprescription drug product or
17prescription drug under sub. (2) (a) 1. or 2., use an epinephrine auto-injector under
18sub. (2) (a) 2m., or administer glucagon under sub. (2) (a) 2r. unless he or she has
19received training, approved by the department, in administering nonprescription
20drug products and prescription drugs. This subsection does not apply to health care
21professionals.
AB40, s. 2489 22Section 2489. 118.35 (4) of the statutes is amended to read:
AB40,975,323 118.35 (4) From the appropriation under s. 20.255 (2) (fy), the department shall
24award grants to nonprofit organizations, cooperative educational service agencies,
25the University of Wisconsin-Madison, and the school district operating under ch. 119

1for the purpose of providing advanced curriculum and assessments for to gifted and
2talented pupils those services and activities not ordinarily provided in a regular
3school program that allow such pupils to fully develop their capabilities
.
AB40, s. 2490 4Section 2490. 118.38 (2) (bm) of the statutes is amended to read:
AB40,975,85 118.38 (2) (bm) The department shall promulgate rules establishing criteria
6for waiving the requirement to schedule at least the number of hours of direct pupil
7instruction specified under s. 121.02 (1) (f) 2. if school is closed for a reason specified
8in s. 115.01 (10) (a) 2. or 3. (b) or (c).
AB40, s. 2491 9Section 2491. 118.40 (2r) (b) 1. b. and c. of the statutes are repealed.
AB40, s. 2492 10Section 2492. 118.40 (2r) (b) 1. e. of the statutes is created to read:
AB40,975,1211 118.40 (2r) (b) 1. e. The chancellor of an institution, as defined in s. 36.05 (9),
12within the University of Wisconsin System.
AB40, s. 2493 13Section 2493. 118.40 (2r) (b) 1. g. of the statutes is created to read:
AB40,975,1414 118.40 (2r) (b) 1. g. The chancellor of the University of Wisconsin–Madison.
AB40, s. 2494 15Section 2494. 118.40 (2r) (b) 2. of the statutes is amended to read:
AB40,975,2416 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under
17sub. (1m) (b) 3. to 14. A contract shall include all of the provisions specified under
18sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter
19school on the liability of the contracting entity under this paragraph. The contract
20may include other provisions agreed to by the parties. The chancellor of the
21University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may
22not
an institution within the University of Wisconsin System may not establish or
23enter into a contract for the establishment of a charter school under this paragraph
24without the approval of the board of regents of the University of Wisconsin System.
AB40, s. 2495 25Section 2495. 118.40 (2r) (b) 3. of the statutes is repealed.
AB40, s. 2496
1Section 2496. 118.40 (2r) (bm) of the statutes is amended to read:
AB40,976,92 118.40 (2r) (bm) The common council of the city of Milwaukee, the chancellor
3of the University of Wisconsin-Milwaukee,
and the Milwaukee area technical college
4district board may only establish or enter into a contract for the establishment of a
5charter school located only in the school district operating under ch. 119. The
6chancellor of the University of Wisconsin-Parkside may only establish or enter into
7a contract for the establishment of a charter school located in a unified school district
8that is located in the county in which the University of Wisconsin-Parkside is
9situated or in an adjacent county.
AB40, s. 2497 10Section 2497. 118.40 (2r) (cm) of the statutes is repealed.
AB40, s. 2498 11Section 2498. 118.40 (2r) (d) 1. of the statutes is amended to read:
AB40,976,1412 118.40 (2r) (d) 1. Ensure that all instructional staff of charter schools under
13this subsection hold a license or permit to teach issued by the department have a
14bachelor's degree from an accredited institution of higher education
.
AB40, s. 2499 15Section 2499. 118.40 (2r) (e) 1. a. of the statutes is renumbered 118.40 (2r) (e)
161m. and amended to read:
AB40,976,2317 118.40 (2r) (e) 1m. In the 2009-10 2011-12 and 2010-11 2012-13 school years,
18from the appropriation under s. 20.255 (2) (fm), the department shall pay to the
19operator of the charter school an amount equal to the sum of the amount paid per
20pupil under this subdivision paragraph in the previous school year and the increase
21in the per pupil amount paid to private schools under s. 119.23 (4) (b) 2. or (bg) in the
22current school year as compared to the previous school year, multiplied by the
23number of pupils attending the charter school.
AB40, s. 2500 24Section 2500. 118.40 (2r) (e) 1. b. of the statutes is renumbered 118.40 (2r) (e)
252m. and amended to read:
AB40,977,6
1118.40 (2r) (e) 2m. In the 2011-12 2013-14 school year and in each school year
2thereafter, from the appropriation under s. 20.255 (2) (fm), the department shall pay
3to the operator of the charter school an amount equal to the sum of the amount paid
4per pupil under this subdivision paragraph in the previous school year and the per
5pupil revenue limit adjustment under s. 121.91 (2m) in the current school year,
6multiplied by the number of pupils attending the charter school.
AB40, s. 2501 7Section 2501. 118.40 (2r) (e) 1. c. of the statutes is renumbered 118.40 (2r) (e)
83m. and amended to read:
AB40,977,139 118.40 (2r) (e) 3m. The amount paid per pupil under this subdivision
10paragraph may not be less than the amount paid per pupil under this subdivision
11paragraph in the previous school year. The department shall pay 25% of the total
12amount in September, 25% in December, 25% in February, and 25% in June. The
13department shall send the check to the operator of the charter school.
AB40, s. 2502 14Section 2502. 118.40 (2r) (e) 2. of the statutes is repealed.
AB40, s. 2503 15Section 2503. 118.40 (2r) (f) of the statutes is repealed.
AB40, s. 2504 16Section 2504. 118.40 (3) (d) of the statutes is amended to read:
AB40,977,1917 118.40 (3) (d) A school board or an entity under sub. (2r) (b) shall give
18preference in awarding contracts for the operation of charter schools to those charter
19schools that serve children at risk, as defined in s. 118.153 (1) (a).
AB40, s. 2505 20Section 2505. 118.40 (7) (am) 2. of the statutes is amended to read:
AB40,978,321 118.40 (7) (am) 2. A charter school established under sub. (2r) or a private
22school located in the school district operating under ch. 119 that is converted to a
23charter school is not an instrumentality of any school district and no school board
24may employ any personnel for the charter school. If the chancellor of an institution
25within
the University of Wisconsin-Parkside Wisconsin System contracts for the

1establishment of a charter school under sub. (2r), the board of regents of the
2University of Wisconsin System may employ instructional staff for the charter
3school.
AB40, s. 2506 4Section 2506. 118.40 (8) (d) 2. of the statutes is amended to read:
AB40,978,85 118.40 (8) (d) 2. Ensure that its teachers are available to provide direct pupil
6instruction for at least the applicable number of hours specified in s. 121.02 (1) (f) 2.
7each school year. No more than 10 hours in any 24-hour period may count toward
8the requirement under this subdivision.
AB40, s. 2507 9Section 2507. 118.40 (8) (h) of the statutes is repealed.
AB40, s. 2508 10Section 2508. 118.51 (3) (intro.) of the statutes is created to read:
AB40,978,1311 118.51 (3) (intro.) Except as provided under sub. (3m), the following procedures
12govern pupil applications to attend a public school in a nonresident school district
13under this section:
AB40, s. 2509 14Section 2509. 118.51 (3) (a) 1. of the statutes is amended to read:
AB40,979,215 118.51 (3) (a) 1. The parent of a pupil who wishes to attend a public school in
16a nonresident school district under this section shall submit an application, on a form
17provided by the department under sub. (15) (a), to the school board of the nonresident
18school district that the pupil wishes to attend, not earlier than the first Monday in
19February and not later than the 3rd Friday following the first Monday in February
20last weekday in April of the school year immediately preceding the school year in
21which the pupil wishes to attend. Applications may be submitted to no more than
223 nonresident school boards in any school year. On the 4th Monday in February, the
23The nonresident school board shall send a copy of the application to the pupil's
24resident school board and the department by the end of the first weekday following

1the last weekday in April
. The application may include a request to attend a specific
2school or program offered by the nonresident school district.
AB40, s. 2510 3Section 2510. 118.51 (3) (a) 1m. of the statutes is created to read:
AB40,979,74 118.51 (3) (a) 1m. By the first Friday following the first Monday in May, the
5resident school board shall send to the nonresident school district a copy of the
6individualized education program developed under s. 115.787 (2) for a child with a
7disability whose parent submitted an application under subd. 1.
AB40, s. 2511 8Section 2511. 118.51 (3) (a) 2., 3. and 4. of the statutes are amended to read:
AB40,979,249 118.51 (3) (a) 2. A nonresident school board may not act on any application
10received under subd. 1. until after the 3rd Friday following the first Monday in
11February
before May 1. If a nonresident school board receives more applications for
12a particular grade or program than there are spaces available in the grade or
13program, the nonresident school board shall determine which pupils to accept,
14including pupils accepted from a waiting list under sub. (5) (d), on a random basis,
15after giving preference to pupils and to siblings of pupils who are already attending
16the nonresident school district and, if the nonresident school district is a union high
17school district, to pupils who are attending an underlying elementary school district
18of the nonresident school district under this section. If a nonresident school board
19determines that space is not otherwise available for open enrollment pupils in the
20grade or program to which an individual has applied, the school board may
21nevertheless accept a pupil or the sibling of a pupil who is already attending the
22nonresident school district and, if the nonresident school district is a union high
23school district, a pupil who is attending an underlying elementary school district of
24the nonresident school district under this section.
AB40,980,7
13. On Except as provided under sub. (5) (d) 1., on or before the first Friday
2following the first Monday in April June following receipt of the application, the
3nonresident school board shall notify the applicant, in writing, whether it has
4accepted the application. If the nonresident school board has accepted the applicant,
5the school board shall identify the specific school or program that the applicant may
6attend in the following school year.
If the nonresident school board rejects an
7application, it shall include in the notice the reason for the rejection.
AB40,980,138 4. On or before the first 2nd Friday following the first Monday in April June
9following receipt of a copy of the application, if a resident school board denies a pupil's
10enrollment in a nonresident school district under sub. (6), (7) or (12) (b) 1., the
11resident school board shall notify the applicant and the nonresident school board, in
12writing, that the application has been denied and include in the notice the reason for
13the denial.
AB40, s. 2512 14Section 2512. 118.51 (3) (a) 5. of the statutes is repealed.
AB40, s. 2513 15Section 2513. 118.51 (3) (a) 6. of the statutes is amended to read:
AB40,980,2116 118.51 (3) (a) 6. If Except as provided in sub. (5) (d) 2., if an application is
17accepted, on or before the first last Friday following the first Monday in June
18following receipt of a notice of acceptance, or within 10 days of receiving a notice of
19acceptance if a pupil is selected from a waiting list under s. 118.40 (8) (h) 5. sub. (5)
20(d)
, the pupil's parent shall notify the nonresident school board of the pupil's intent
21to attend school in that school district in the following school year.
AB40, s. 2514 22Section 2514. 118.51 (3) (a) 7. of the statutes is repealed.
AB40, s. 2515 23Section 2515. 118.51 (3) (b) of the statutes is amended to read:
AB40,981,524 118.51 (3) (b) Notice to resident school district. Annually by June 30 July 7,
25each nonresident school board that has accepted a pupil under this section for

1attendance in the following school year shall report the name of the pupil to the
2pupil's resident school board. If a pupil is selected from a waiting list under s. 118.40
3(8) (h) 5., the nonresident school board shall report the name of the pupil to the pupil's
4resident school board within 10 days of receiving notice of the pupil's selection from
5the department.
AB40, s. 2516 6Section 2516. 118.51 (3m) of the statutes is created to read:
AB40,981,147 118.51 (3m) Alternative application procedures under certain
8circumstances.
(a) Notwithstanding sub. (3), the parent of a pupil who wishes to
9attend a public school in a nonresident school district under this section may, in lieu
10of applying under sub. (3), submit an application under this subsection, on a form
11provided by the department under sub. (15) (a), to the school board of the nonresident
12school district that the pupil wants to attend if the pupil satisfies at least one of the
13criteria under par. (b). Applications may be submitted to no more than 3 nonresident
14school boards in any school year.
AB40,981,1715 (b) The parent of a pupil may apply under this subsection only if the pupil meets
16one of the following criteria, and shall describe the criteria that the pupil meets in
17the application:
AB40,981,2218 1. The resident school board determines that the pupil has been the victim of
19a violent criminal offense, as defined by the department by rule. An application
20made on the basis of this criteria is not valid unless the nonresident school board
21receives the application within 30 days after the determination of the resident school
22board.
AB40,982,223 2. The pupil is or has been a homeless pupil in the current or immediately
24preceding school year. In this subdivision, "homeless pupil" means an individual who

1is included in the category of homeless children and youths, as defined in 42 USC
211434a
(2).
AB40,982,43 3. The pupil has been the victim of repeated bullying or harassment and all of
4the following apply:
AB40,982,65 a. The pupil's parent has reported the bullying or harassment to the resident
6school board.
AB40,982,87 b. Despite action taken under subd. 3. a., the repeated bullying and harassment
8continues.
AB40,982,139 4. The place of residence of the pupil's parent or guardian and of the pupil has
10changed as a result of military orders. An application made on the basis of this
11criteria is not valid unless the nonresident school board receives the application no
12later than 30 days after the date on which the military orders changing the place of
13residence were issued.
AB40,982,1614 5. The pupil moved into this state. An application made on the basis of this
15criteria is not valid unless the nonresident school board receives the application no
16later than 30 days after moving into this state.
AB40,982,2217 6. The place of residence of the pupil has changed as a result of a court order
18or custody agreement or because the pupil was placed in a foster home or with a
19person other than the pupil's parent, or removed from a foster home or from the home
20of a person other than the pupil's parent. An application made on the basis of this
21criteria is not valid unless the nonresident school board receives the application no
22later than 30 days after the pupil's change in residence.
AB40,982,2423 7. The parent of the pupil and the nonresident school board agree that
24attending school in the nonresident school district is in the best interests of the pupil.
AB40,983,6
1(c) If a nonresident school board receives an application under par. (a), the
2nonresident school board shall immediately forward a copy of the application to the
3resident school board, and shall notify the applicant, in writing, whether it has
4accepted the application no later than 20 days after receiving the application. If the
5nonresident school board has accepted the application, the nonresident school board
6shall identify the specific school or program that the pupil may attend.
AB40,983,97 (d) A resident school district may notify an applicant under par. (a) that the
8pupil may not attend a school or program in the nonresident school district only for
9the following reasons:
AB40,983,1110 1. The resident school district determines that the criteria relied on by the
11applicant under par. (b) does not apply to the pupil.
AB40,983,2112 2. a. Except as provided in subd. 2. b., the resident school district determines
13that the costs of the special education or related services required in the
14individualized education program under s. 115.787 (2) for a child with a disability
15whose parent has submitted an application under par. (a), as proposed to be
16implemented by the nonresident school district, would impose upon the child's
17resident school district an undue financial burden in light of the resident school
18district's total economic circumstances, including its revenue limit under subch. VII
19of ch. 121, its ability to pay tuition costs for the pupil, and the per pupil special
20education or related services costs for children with disabilities continuing to be
21served by the resident school district.
AB40,983,2322 b. Subdivision 2. a. does not apply to a pupil who submits an application under
23par. (a) if the pupil relied upon the criteria set forth in par. (b) 1.
AB40,984,624 (e) If an application is accepted by the nonresident school board under par. (c),
25the pupil may immediately begin attending the school or program in the nonresident

1school district and shall begin attending the school or program no later than the 15th
2day following receipt by the parent of the pupil of the notice of acceptance under par.
3(c). If the pupil has not enrolled in or attended school in the nonresident school
4district by the day specified in this paragraph, the nonresident school district may
5notify the pupil's parent, in writing, that the pupil is no longer authorized to attend
6the school or program in the nonresident school district.
AB40, s. 2517 7Section 2517. 118.51 (5) (a) (intro.) of the statutes is amended to read:
AB40,984,108 118.51 (5) (a) Permissible criteria. (intro.) Except as provided in sub. (3) (a)
92., the criteria for accepting and rejecting applications from nonresident pupils
10under sub. subs. (3) (a) and (3m) (a) may include only the following:
AB40, s. 2518 11Section 2518. 118.51 (5) (a) 1. (intro.) of the statutes is amended to read:
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