LRB-4998/1
TKK:klm/wlj/ahe
2017 - 2018 LEGISLATURE
January 16, 2018 - Introduced by Law Revision Committee. Referred to Committee
on Rules.
AB843,1,6 1An Act to repeal 115.33 (4), 118.035 (5), 118.38 (4), 118.51 (4) (a) 4., 118.51 (6),
2118.51 (7) (a) and 121.91 (5) (b); to renumber 118.51 (7) (b) and 121.91 (5) (a);
3and to amend 115.28 (43), 118.51 (3) (a) 4., 118.51 (9), 118.57 (2) and 119.04 (1)
4of the statutes; relating to: open enrollment and repealing outdated or expired
5reporting requirements and tuberculosis screening (suggested as remedial
6legislation by the Department of Public Instruction).
Analysis by the Legislative Reference Bureau
This bill eliminates an expired provision of the open enrollment program and
a provision in the OEP that permits a school district to deny the transfer of a pupil
into or out of the school district if the transfer would increase racial imbalance in the
school district. In December 2007, the Wisconsin attorney general issued an opinion
finding this provision to be unenforceable based upon a decision of the U.S. Supreme
Court in Parents Involved in Community Schools, et al. v. Seattle School District No.
1
, 551 U.S. 701 (2007).
In addition, this bill adds a missing cross-reference to make the changes to the
tuberculosis screening requirements under 2017 Wisconsin Act 107 applicable to the
Milwaukee Public Schools. Act 107 requires a school district to, with limited
exceptions, condition employment in the school district on the completion of a
physical examination that includes a screening questionnaire for tuberculosis. Prior
to Act 107, the physical examination requirements, including tuberculosis screening

requirements, applied to all school districts except MPS. Act 107 eliminated the
language exempting MPS, but did not insert a cross-reference to the statutory
provision that makes general school laws applicable to a first class city school
district.
This bill also eliminates a number of expired or outdated reporting
requirements imposed on the Department of Public Instruction. Eliminated in this
bill are a requirement to submit a report to the legislature and to the governor, by
January 1, 2001, and January 1, 2003, regarding DPI's progress in securing school
safety funding; a requirement to submit to the standing committees of the legislature
a report summarizing the physical condition and capacity of the state's public
schools; and a requirement to submit, by July 1, 2005, a report to the standing
committees of the legislature on the imposition of school uniforms by school boards.
Finally, the bill corrects an incorrect cross-reference in a provision requiring
DPI to provide notice of educational options.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Public Instruction and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB843,1 1Section 1. 115.28 (43) of the statutes is amended to read:
AB843,2,82 115.28 (43) School safety funding. With the department of justice, seek and
3apply for federal funds relating to school safety and reducing violence and disruption
4in schools, including funds for alternative schools or programs. Each department
5shall make a report by January 1, 2001, and January 1, 2003, of its progress in
6applying for and obtaining funds under this subsection. The report shall be provided
7to the legislature in the manner provided under s. 13.172 (2) to the cochairpersons
8of the joint committee on finance and to the governor.
Note: This Section deletes a requirement to submit reports to the Legislature by
January 1, 2001, and January 1, 2003, of progress in seeking federal school safety funds.
AB843,2 9Section 2. 115.33 (4) of the statutes is repealed.

Note: This Section deletes a requirement for the State Superintendent to conduct
a study of the physical condition, capacity, and suitability of the public schools and submit
a report to the appropriate legislative standing committees.
AB843,3 1Section 3. 118.035 (5) of the statutes is repealed.
Note: This Section deletes a requirement for DPI to submit a report to the
appropriate legislative standing committees by July 1, 2005, regarding school board
imposition of school uniforms.
AB843,4 2Section 4. 118.38 (4) of the statutes is repealed.
Note: This Section deletes a requirement for DPI to submit a report to the
appropriate legislative standing committees and the Governor by July 1, 2000, regarding
school board requests for waivers from statutory or administrative rule requirements.
AB843,5 3Section 5 . 118.51 (3) (a) 4. of the statutes is amended to read:
AB843,3,84 118.51 (3) (a) 4. On or before the 2nd Friday following the first Monday in June
5following receipt of a copy of the application, if a resident school board denies a pupil's
6enrollment in a nonresident school district under sub. (6) or (7), the resident school
7board shall notify the applicant and the nonresident school board, in writing, that
8the application has been denied and include in the notice the reason for the denial.
Note: Sections 5, 6 , and 10 remove cross-references to statutory subsections
deleted in Sections 7 and 8.
AB843,6 9Section 6 . 118.51 (4) (a) 4. of the statutes is repealed.
AB843,7 10Section 7 . 118.51 (6) of the statutes is repealed.
Note: This Section repeals an expired provision granting school boards authority
to limit the number of students open enrolling into other districts during the school years
from 1998-99 to 2005-06.
AB843,8 11Section 8 . 118.51 (7) (a) of the statutes is repealed.
Note: This Section repeals the authority for a school board eligible for special
transfer aid under subch. VI of ch. 121, Stats., (commonly known as “Chapter 220 Aid”)
to reject an open enrollment application if the transfer into or out of the school district
would increase racial imbalance in the district. The Wisconsin Attorney General opined
in 2007 that this provision is unconstitutional under the U.S. Supreme Court's decision
in Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701
(2007).
AB843,9 12Section 9. 118.51 (7) (b) of the statutes is renumbered 118.51 (7).
AB843,10 13Section 10 . 118.51 (9) of the statutes, as affected by 2017 Wisconsin Act 59,
14is amended to read:
AB843,4,11
1118.51 (9) Appeal of rejection. If the nonresident school board rejects an
2application under sub. (3) (a) or (7), the resident school board prohibits a pupil from
3attending public school in a nonresident school district under sub. (3m) (d), (6), or (7),
4or the nonresident school board prohibits a pupil from attending public school in the
5nonresident school district under sub. (11), the pupil's parent may appeal the
6decision to the department within 30 days after the decision. If the nonresident
7school board provides notice that the special education or related service is not
8available under sub. (12) (b), the pupil's parent may appeal the required transfer to
9the department within 30 days after receipt of the notice. The department shall
10affirm the school board's decision unless the department finds that the decision was
11arbitrary or unreasonable.
AB843,11 12Section 11. 118.57 (2) of the statutes is amended to read:
AB843,4,1913 118.57 (2) The school board shall include in the notice under sub. (1) the most
14recent performance category assigned under s. 115.385 (2) (1) (b) to each school
15within the school district boundaries, including charter schools established under s.
16118.40 (2r) or (2x) and private schools participating in a parental choice program
17under s. 118.60 or 119.23. The notice published by the school board shall inform
18parents that the full school and school district accountability report is available on
19the school board's Internet site.
Note: This Section updates an incorrect cross-reference.
AB843,12 20Section 12. 119.04 (1) of the statutes, as affected by 2017 Wisconsin Act 59,
21is amended to read:
AB843,5,1022 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2366.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
24115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.38 (2), 115.415, 115.445, 118.001

1to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to
2118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
3118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10),
4118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43,
5118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15)
6to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37),
7(37m), (38), and (39), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable
8to a 1st class city school district and board but not, unless explicitly provided in this
9chapter or in the terms of a contract, to the commissioner or to any school transferred
10to an opportunity schools and partnership program.
Note: This Section inserts a cross-reference to required health examinations for
school employees into ch. 119, First Class City School System, the chapter governing the
Milwaukee Public Schools (MPS). This gives effect to a change made by 2017 Wisconsin
Act 107
to require all school districts to condition employment of school district employees
on a physical exam, including a tuberculosis screening questionnaire, by eliminating an
exception that previously existed for MPS.
AB843,13 11Section 13. 121.91 (5) (a) of the statutes is renumbered 121.91 (5).
AB843,14 12Section 14. 121.91 (5) (b) of the statutes is repealed.
Note: This Section deletes a requirement for the State Superintendent to submit
a report to the Governor and the appropriate legislative standings committees regarding
requests by school boards and requests granted by the State Superintendent for increases
to a school district's revenue limit made under a previous statutory provision.
AB843,5,1313 (End)
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