AB21: Bill Text

AB21,1249,18 115.777 (1) (a) A physician, nurse, psychologist, social worker or administrator of a social agency who reasonably believes that a child brought to him or her for services has a disability shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending.

AB21,1250,2 (b) A person who is required to be licensed under s. 115.28 (7), who is employed by a local educational agency and who reasonably believes a child has a disability, shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district that the child is attending but the child is a nonresident attending a public school in that school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide the name of the child and related information to the school board of the child's school district of residence.

AB21,1250,10 (c) Any person other than those specified under par. (a) or (b) who reasonably believes that a child is a child with a disability may refer the child to a local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending.

AB21,3222 Section 3222. 115.78 (1) of the statutes is amended to read:

AB21,1250,15 115.78 (1) Definition. In this section, for a child who is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), "local educational agency" means the school board of the school district that the child is attending.

AB21,3223 Section 3223. 115.78 (1m) (h) of the statutes is amended to read:

AB21,1250,20 115.78 (1m) (h) If the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), at least one person designated by the school board of the child's school district of residence who has knowledge or special expertise about the child.

AB21,3224 Section 3224. 115.79 (1) (b) of the statutes is amended to read:

AB21,1251,3 115.79 (1) (b) An educational placement is provided to implement a child's individualized education program. Except as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide an educational placement for the child and shall pay tuition charges instead of the school district in which the child resides if required by the placement.

AB21,3225 Section 3225. 115.792 (1) (b) of the statutes is amended to read:

AB21,1251,11 115.792 (1) (b) The local educational agency shall establish and maintain procedures to ensure that a child's parents are provided prior written notice whenever the local educational agency proposes to initiate or change, or refuses to initiate or change, the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child. In this paragraph, "local educational agency" includes the nonresident school district that a child is attending under s. 118.50, 118.51, or 121.84 (1) (a) or (4).

AB21,3226 Section 3226. 115.792 (3) (a) of the statutes is amended to read:

AB21,1251,15 115.792 (3) (a) In this subsection, "local educational agency" includes the nonresident school district that a child is attending under s. 118.50, 118.51, or 121.84 (1) (a) or (4).

AB21,3227 Section 3227. 115.80 (8) of the statutes is amended to read:

AB21,1251,24 115.80 (8) Except as provided in 20 USC 1415 (k), during the pendency of any proceedings under this section, the local educational agency may not change the educational placement of a child unless the child's parents agree to the change. If the child is applying for initial admission to a public school, the child shall, with the consent of the child's parents, be placed in the public school program until all proceedings under this section have been completed. In this subsection, "local educational agency" includes the nonresident school district that a child is attending under s. 118.50, 118.51, or 121.84 (1) (a) or (4).

AB21,3228 Section 3228. 115.82 (2) (c) of the statutes is created to read:

AB21,1252,3 115.82 (2) (c) If the child is attending a public school in a nonresident school district under s. 118.50, the school district specified to do so in the whole grade sharing agreement shall provide transportation.

AB21,3229 Section 3229. 115.88 (8) of the statutes is amended to read:

AB21,1252,13 115.88 (8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.50, 118.51 , or 121.84 (1) (a) or (4) a sum equal to the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB21,3230 Section 3230. 116.01 of the statutes is amended to read:

AB21,1252,24 116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for benefit of a service unit between the school district and the state superintendent. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts and between school districts and the state. Cooperative educational service agencies may provide leadership, coordination, and education services to school districts, University of Wisconsin System institutions, and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public, private, and tribal schools, and all public and private agencies and organizations, that provide services to pupils.

AB21,3231 Section 3231. 116.03 (2) of the statutes is repealed.

AB21,3232 Section 3232. 116.03 (5) of the statutes is created to read:

AB21,1253,7 116.03 (5) Determine each school district's proportional share of the cost of the maintenance and operation of the office of the board of control and agency administrator and to match any federal funds received by the agency for vocational education administration less any amount received under s. 116.08 (1). No cost may be assessed against a school district that has withdrawn under s. 116.065 for expenses incurred while the school district is not in the agency.

AB21,3233 Section 3233. 116.03 (11) of the statutes is amended to read:

AB21,1253,13 116.03 (11) Establish the salaries of the agency administrator and other professional and nonprofessional employees. State reimbursement for the cost of the salary of the agency administrator shall be equal to the actual salary paid or the maximum of the salary range for public instruction supervisors under the state superintendent, whichever is less.

AB21,3234 Section 3234. 116.065 (1) of the statutes is amended to read:

AB21,1253,19 116.065 (1) The school board of a school district in cooperative educational service agency no. 1, as designated on April 1, 1985, may adopt a resolution to withdraw from the an agency. The school board shall immediately notify the board of control and the state superintendent of its intention that the school board has adopted a resolution under this subsection.

AB21,3235 Section 3235. 116.065 (2) of the statutes is amended to read:

AB21,1253,24 116.065 (2) A resolution adopted under sub. (1) or (3) prior to January 15 in any school year shall be effective the next succeeding July 1. A resolution adopted under sub. (1) or (3) on or after January 15 in any school year shall be effective on the 2nd succeeding July 1.

AB21,3236 Section 3236. 116.065 (3) of the statutes is amended to read:

AB21,1254,4 116.065 (3) A school district that has withdrawn from the an agency described under sub. (1) may rejoin the agency. The procedures under subs. (1) and (2) apply to readmissions by adopting a resolution and immediately notifying the board of control and state superintendent of the resolution to rejoin.

AB21,3237 Section 3237. 116.07 (4) of the statutes is amended to read:

AB21,1254,8 116.07 (4) No such plan is valid if it permits any territory of this state to be outside an agency area, unless the territory is part of a school district that has withdrawn from an agency under s. 116.065.

AB21,3238 Section 3238. 116.08 (title) of the statutes is amended to read:

AB21,1254,10 116.08 (title) State Loans and local aid.

AB21,3239 Section 3239. 116.08 (1) of the statutes is amended to read:

AB21,1254,20 116.08 (1) An amount not to exceed $25,000 annually shall be paid to each agency for the maintenance and operation of the office of the board of control and agency administrator and to match any federal funds received by the agency for vocational education administration. No state aid may be paid unless the agency submits by August 1 an annual report which includes a detailed certified statement of its expenses for the prior year to the state superintendent, and such statement reveals that the state aid was expended as provided by this section. In no case may the state aid exceed the actual expenditures for the prior year as certified in such statement.

AB21,3240 Section 3240. 116.08 (3m) of the statutes is renumbered 116.065 (4) and amended to read:

AB21,1255,2 116.065 (4) The school board of a school district that has withdrawn from cooperative educational service an agency no. 1 under s. 116.065 under this section and is not in any other agency may contract with the department for other programs and services the school district would be receiving if it were in an agency.

AB21,3241 Section 3241. 116.08 (4m) of the statutes is created to read:

AB21,1255,9 116.08 (4m) Beginning in the 2015-16 school year, each school board of a school district in an agency shall pay to the board of control the school district's proportional share of the cost of the maintenance and operation of the office of the board of control and agency administrator and to match any federal funds received by the agency for vocational education administration, as determined by the board of control under s. 116.03 (5).

AB21,3242 Section 3242. 116.08 (5) of the statutes is repealed.

AB21,3243 Section 3243. 117.05 (5) (a) of the statutes is amended to read:

AB21,1255,21 117.05 (5) (a) Territory in district. All territory within this state shall be included in a school district operating elementary school grades and a school district operating high school grades or in a school district operating both elementary and high school grades, except for territory located in a school district that is not operating certain grades as a result of entering into a whole grade sharing agreement under s. 118.50. No territory may be detached from a school district unless by the same order it is attached to another school district or included in a new school district created by the order. No territory may be detached from a school district that operates high school grades unless by the same order it is attached to or included in another school district that operates high school grades.

AB21,3244 Section 3244. 117.30 (1) (a) of the statutes is amended to read:

AB21,1256,15 117.30 (1) (a) Except as provided under pars. (b) and (c) to (d), if a school district for 2 or more successive years has failed to operate sufficient classes at each grade level to provide all pupils who reside in the school district an opportunity to attend class at the appropriate grade level, the board shall attach the territory of the school district to one or more school districts that do so. Within 60 days of the date on which a school district becomes subject to this section, the state superintendent shall so notify the school district clerk and the clerk of each municipality in which part of the school district lies. Prior to August 30 of the year in which the school district becomes subject to this section, the board shall issue an order of school district reorganization attaching the school district to one or more operating school districts. Orders issued under this section take effect upon being filed as provided in s. 117.17 (2). The school board of each district to which any territory is attached under this section shall levy and collect a special tax against the property in the territory so attached for such amount as is payable for tuition and transportation, at the time of the attachment, by the school district in which the attached territory was located prior thereto, in the proportion that the equalized valuation of the attached territory bears to the total equalized valuation of the school district in which such territory was located prior to such attachment.

AB21,3245 Section 3245. 117.30 (1) (d) of the statutes is created to read:

AB21,1256,19 117.30 (1) (d) Paragraph (a) does not apply if the school district fails to operate one or more grades but provides for their operation by another school district pursuant to a whole grade sharing agreement under s. 118.50.

AB21,3246 Section 3246. 118.134 (3m) of the statutes is amended to read:

AB21,1256,24 118.134 (3m) A pupil attending a public school in a nonresident school district under s. 118.50 or 118.51 may not file a complaint under sub. (1) in which the pupil objects to the use of a race-based nickname, logo, mascot, or team name by the school board of the nonresident school district.

AB21,3247 Section 3247. 118.153 (1) (a) 5. of the statutes is amended to read:

AB21,1257,5 118.153 (1) (a) 5. Eighth grade pupils whose score in each subject area on the examination administered under s. 118.30 (1m) (am) 1. or 118.301 (3) was below the basic level, 8th grade pupils who failed the examination administered under s. 118.30 (1m) (am) 2. or 118.301 (3), and 8th grade pupils who failed to be promoted to the 9th grade.

AB21,3248 Section 3248. 118.30 (1) of the statutes is amended to read:

AB21,1257,11 118.30 (1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th, 9th, 10th, and 11th grades. Beginning in the 2015-16 school year, the state superintendent may not adopt or approve assessments developed by the Smarter Balanced Assessment Consortium.

AB21,3249 Section 3249. 118.30 (1m) (ar) of the statutes is amended to read:

AB21,1257,18 118.30 (1m) (ar) Except as provided in sub. (7), beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the spring session of 9th grade. The school board shall administer the examination once in the fall session and once in the spring session.

AB21,3250 Section 3250. 118.30 (1m) (d) of the statutes is created to read:

AB21,1257,22 118.30 (1m) (d) If the school board maintains an Internet site for the school district, annually publish information on that Internet site about the examinations administered under this subsection to pupils in the school district.

AB21,3251 Section 3251. 118.30 (1r) (ar) of the statutes is amended to read:

AB21,1258,3 118.30 (1r) (ar) Beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the charter school in spring session of the 9th grade. The charter school shall administer the examination once in the fall session and once in the spring session.

AB21,3252 Section 3252. 118.30 (1r) (d) of the statutes is created to read:

AB21,1258,7 118.30 (1r) (d) If the operator of the charter school maintains an Internet site for the school, annually publish information on that Internet site about the examinations administered under this subsection to pupils in the school.

AB21,3253 Section 3253. 118.30 (1s) (intro.) of the statutes is amended to read:

AB21,1258,12 118.30 (1s) (intro.) Annually, the governing body of each private school participating in the program under s. 119.23, other than a private school at which fewer than 20 pupils are attending the school under the program under s. 119.23, shall do all of the following:

AB21,3254 Section 3254. 118.30 (1s) (bm) of the statutes is amended to read:

AB21,1258,18 118.30 (1s) (bm) Beginning in the 2014-15 school year, in the spring session administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 9th grade in the private school under s. 119.23. The private school shall administer the examination once in the fall session and once in the spring session.

AB21,3255 Section 3255. 118.30 (1s) (e) of the statutes is created to read:

AB21,1258,22 118.30 (1s) (e) If the governing body of the private school maintains an Internet site for the school, annually publish information on that Internet site about the examinations administered under this subsection to pupils in the school.

AB21,3256 Section 3256. 118.30 (1t) (intro.) of the statutes is amended to read:

AB21,1259,2 118.30 (1t) (intro.) Annually, the governing body of each private school participating in the program under s. 118.60, other than a private school at which fewer than 20 pupils are attending the school under the program under s. 118.60, shall do all of the following:

AB21,3257 Section 3257. 118.30 (1t) (bm) of the statutes is amended to read:

AB21,1259,8 118.30 (1t) (bm) Beginning in the 2014-15 school year, in the spring session administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 9th grade in the private school under s. 118.60. The private school shall administer the examination once in the fall session and once in the spring session.

AB21,3258 Section 3258. 118.30 (1t) (e) of the statutes is created to read:

AB21,1259,12 118.30 (1t) (e) If the governing body of the private school maintains an Internet site for the school, annually publish information on that Internet site about the examinations administered under this subsection to pupils in the school.

AB21,3259 Section 3259. 118.30 (2) (b) 3. of the statutes is amended to read:

AB21,1259,16 118.30 (2) (b) 3. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under sub. (1m) or s. 118.301 (3).

AB21,3260 Section 3260. 118.30 (2) (b) 4. of the statutes is amended to read:

AB21,1259,20 118.30 (2) (b) 4. Upon the request of a pupil's parent or guardian, the operator of a charter school under s. 118.40 (2r) shall excuse the pupil from taking an examination administered under sub. (1r) or s. 118.301 (3).

AB21,3261 Section 3261. 118.30 (2) (b) 5. of the statutes is amended to read:

AB21,1259,25 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 119.23 shall excuse the pupil from taking an examination administered under sub. (1s) (a) to (cm) or s. 118.301 (3).

AB21,3262 Section 3262. 118.30 (2) (b) 6. of the statutes is amended to read:

AB21,1260,5 118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 118.60 shall excuse the pupil from taking an examination administered under sub. (1t) (a) to (cm) or s. 118.301 (3).

AB21,3263 Section 3263. 118.30 (5m) of the statutes is amended to read:

AB21,1260,13 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or s. 118.301 (3), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB21,3264 Section 3264. 118.30 (6) of the statutes is amended to read:

AB21,1261,2 118.30 (6) A school board and an operator of a charter school under s. 118.40 (2r) is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) or authorized under s. 118.301 (3) if the school board or the operator of the charter school administers its own 4th and 8th grade examinations, the school board or operator of the charter school provides the state superintendent with submits the examination results to the University of Wisconsin-Madison Value-Added Research Center to conduct statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1), the University of Wisconsin-Madison Value-Added Research Center provides the statistical correlations to the state superintendent, and the federal department of education approves.

AB21,3265 Section 3265. 118.30 (7) of the statutes is amended to read:

AB21,1261,7 118.30 (7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under sub. (1m) or s. 118.301 (3) regardless of the location of the charter school.