118.43(4)(d)1.1. Except as provided in
subd. 2., a description of any statute or rule that is waived under
s. 118.38 if the waiver is related to the contract.
118.43(4)(d)2.
2. No achievement guarantee contract entered into or renewed under
sub. (2) may include a waiver of any requirement of or rule promulgated under the authority of this section.
118.43(4)(e)
(e) A description of the means by which the department will monitor compliance with the terms of the contract.
118.43(5)(a)(a) At the end of the 1996-97 school year, the department may terminate a contract if the department determines that the school board has failed to fully implement the provisions under
sub. (3).
118.43(5)(b)
(b) Annually by June 30 through the 2003-04 school year, a committee consisting of the state superintendent, the chairpersons of the education committees in the senate and assembly and the individual chiefly responsible for the evaluation under
sub. (7) shall review the progress made by each school for which an achievement guarantee contract has been entered into. The committee may recommend to the department that the department terminate a contract if the committee determines that the school board has violated the contract or if the school has made insufficient progress toward achieving its performance objectives under
sub. (4) (c). The department may terminate the contract if it agrees with the committee's recommendation.
118.43(6)(a)(a) In this subsection, "amount appropriated" means the amount appropriated under
s. 20.255 (2) (cu) in any fiscal year less $250,000.
118.43(6)(b)
(b) From the appropriation under
s. 20.255 (2) (cu), the department shall pay to each school district that has entered into a contract with the department under this section an amount determined as follows:
118.43(6)(b)1.
1. In the 1996-97 school year, divide the amount appropriated by the number of low-income pupils enrolled in grades kindergarten and one in each school in this state covered by contracts under this section and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
118.43(6)(b)2.
2. In the 1997-98 school year, divide the amount appropriated by the number of low-income pupils enrolled in grades kindergarten to 2 in each school in this state covered by contracts under this section and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
118.43(6)(b)3.
3. In the 1998-99 school year, divide the amount appropriated by the sum of the number of low-income pupils enrolled in grades kindergarten to 3 in each school in this state covered by contracts under
sub. (3) (a) and the number of low-income pupils enrolled in grades kindergarten and one in each school in this state covered by contracts under
sub. (3) (am) and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
118.43(6)(b)4.
4. In the 1999-2000 school year, divide the amount appropriated by the sum of the number of low-income pupils enrolled in grades kindergarten to 3 in each school in this state covered by contracts under
sub. (3) (a) and the number of low-income pupils enrolled in grades kindergarten to 2 in each school in this state covered by contracts under
sub. (3) (am) and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
118.43(6)(b)6.
6. In the 2000-01 school year, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under
sub. (3) (a) and
(am). After making these payments, the department shall pay school districts on behalf of schools that are covered by contracts under
sub. (3) (ar) an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under
sub. (3) (ar). In making these payments, the department shall give priority to schools that have the highest percentage of low-income pupil enrollment and shall also ensure that it fully distributes the amount appropriated.
118.43(6)(b)7.
7. In the 2001-02 and 2002-03 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under
sub. (3) (am) and by renewals of contracts under
sub. (2) (g). After making these payments, the department shall pay school districts on behalf of schools that are covered by contracts under
sub. (3) (ar), an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under
sub. (3) (ar).
118.43(6)(b)8.
8. In the 2003-04 and 2004-05 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under
sub. (3) (ar) and by renewals of contracts under
sub. (2) (g).
118.43(6)(b)9.
9. In the 2005-06 and 2006-07 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under
sub. (2) (g); and in the 2007-08, 2008-09, and 2009-10 school years, $2,250 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under
sub. (2) (g).
118.43(6)(b)10.
10. In the 2010-11 school year and any subsequent school year, $2,250 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under
sub. (3) (at) and by renewals of contracts under
sub. (2) (g).
118.43(6)(d)
(d) The school board shall use the aid under this section to satisfy the terms of the contract.
118.43(6)(e)
(e) The department shall cease payments under this section to any school district if the school board withdraws from the contract before the expiration of the contract.
118.43(6m)
(6m) Rules. The department shall promulgate rules to implement and administer the payment of state aid under
sub. (6).
118.43(7)
(7) Evaluation. Beginning in the 1996-97 school year, the department shall arrange for an evaluation of the program under this section and shall allocate from the appropriation under
s. 20.255 (2) (cu) $250,000 for that purpose.
118.43(8)(a)(a) Beginning in the 2000-01 school year, a school district is eligible for aid under this subsection if it applies to the department for approval of the amount of bonds specified in the copy of the resolution under
1999 Wisconsin Act 9, section
9139 (2d). If the department approves the amount before June 30, 2001, the department shall, from the appropriation under
s. 20.255 (2) (cs), pay each school district that issues bonds pursuant to a referendum under
1999 Wisconsin Act 9, section 9139 (2d), an amount equal to 20% of the annual debt service cost on the bonds. This subsection does not apply to the school district operating under
ch. 119.
118.43(8)(b)
(b) The department shall promulgate rules to implement and administer this subsection.
118.43 Cross-reference
Cross-reference: See also ch.
PI 24, Wis. adm. code.
118.45
118.45
Tests for alcohol use. A school board employee or agent, or law enforcement officer, as defined in
s. 102.475 (8) (c), authorized by a public school board may require a public school pupil, including a charter school pupil, to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil's breath whenever the authorized employee, agent or officer has reasonable suspicion that the pupil is under the influence of alcohol while the pupil is in any of the circumstances listed in
s. 125.09 (2) (b) 1. to
3. The authorized employee, agent or officer shall use a breath screening device approved by the department of transportation for the purpose of determining the presence of alcohol in a person's breath to determine if alcohol is present in the pupil's breath. The results of the breath screening device or the fact that a pupil refused to submit to breath testing shall be made available for use in any hearing or proceeding regarding the discipline, suspension or expulsion of a student due to alcohol use. No school board may require a pupil to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil's breath until the school board has adopted written policies regarding disciplines or treatments that will result from being under the influence of alcohol while on school premises or from refusing to submit to breath testing to determine the presence of alcohol in the pupil's breath.
118.45 History
History: 1995 a. 327.
118.46
118.46
Policy on bullying. 118.46(1)(1) By March 1, 2010, the department shall do all of the following:
118.46(1)(a)
(a) Develop a model school policy on bullying by pupils. The policy shall include all of the following:
118.46(1)(a)3.
3. A procedure for reporting bullying that allows reports to be made confidentially.
118.46(1)(a)4.
4. A prohibition against a pupil retaliating against another pupil for reporting an incident of bullying.
118.46(1)(a)5.
5. A procedure for investigating reports of bullying. The procedure shall identify the school district employee in each school who is responsible for conducting the investigation and require that the parent or guardian of each pupil involved in a bullying incident be notified.
118.46(1)(a)6.
6. A requirement that school district officials and employees report incidents of bullying and identify the persons to whom the reports must be made.
118.46(1)(a)7.
7. A list of disciplinary alternatives for pupils that engage in bullying or who retaliate against a pupil who reports an incident of bullying.
118.46(1)(a)8.
8. An identification of the school-related events at which the policy applies.
118.46(1)(a)9.
9. An identification of the property owned, leased, or used by the school district on which the policy applies.
118.46(1)(a)10.
10. An identification of the vehicles used for pupil transportation on which the policy applies.
118.46(1)(b)
(b) Develop a model education and awareness program on bullying.
118.46(1)(c)
(c) Post the model policy under
par. (a) and the model program under
par. (b) on its Internet site.
118.46(2)
(2) By August 15, 2010, each school board shall adopt a policy prohibiting bullying by pupils. The school board may adopt the model policy under
sub. (1) (a). The school board shall provide a copy of the policy to any person who requests it. Annually, the school board shall distribute the policy to all pupils enrolled in the school district and to their parents or guardians.
118.46 History
History: 2009 a. 309.
118.51
118.51
Full-time open enrollment. 118.51(1)(b)
(b) "Nonresident school board" means the school board of a nonresident school district.
118.51(1)(c)
(c) "Nonresident school district" means a school district, other than a pupil's resident school district, that the pupil is attending or has applied to attend under this section.
118.51(1)(e)
(e) "Resident school board" means the school board of a resident school district.
118.51(1)(f)
(f) "Resident school district" means the school district in which a pupil resides.
118.51(2)
(2) Applicability. A pupil may attend a public school, including a charter school, prekindergarten, or 4-year-old kindergarten, or early childhood or school-operated child care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.
118.51(3)(a)1.1. The parent of a pupil who wishes to attend a public school in a nonresident school district under this section shall submit an application, on a form provided by the department under
sub. (15) (a), to the school board of the nonresident school district that the pupil wishes to attend, not earlier than the first Monday in February and not later than the 3rd Friday following the first Monday in February of the school year immediately preceding the school year in which the pupil wishes to attend. Applications may be submitted to no more than 3 nonresident school boards in any school year. On the 4th Monday in February, the nonresident school board shall send a copy of the application to the pupil's resident school board and the department. The application may include a request to attend a specific school or program offered by the nonresident school district.
118.51(3)(a)2.
2. A nonresident school board may not act on any application received under
subd. 1. until after the 3rd Friday following the first Monday in February. If a nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept, including pupils accepted from a waiting list under
sub. (5) (d), on a random basis, after giving preference to pupils and to siblings of pupils who are already attending the nonresident school district and, if the nonresident school district is a union high school district, to pupils who are attending an underlying elementary school district of the nonresident school district under this section. If a nonresident school board determines that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless accept a pupil or the sibling of a pupil who is already attending the nonresident school district and, if the nonresident school district is a union high school district, a pupil who is attending an underlying elementary school district of the nonresident school district under this section.
118.51(3)(a)3.
3. On or before the first Friday following the first Monday in April following receipt of the application, the nonresident school board shall notify the applicant, in writing, whether it has accepted the application. If the nonresident school board rejects an application, it shall include in the notice the reason for the rejection.
118.51(3)(a)4.
4. On or before the first Friday following the first Monday in April following receipt of a copy of the application, if a resident school board denies a pupil's enrollment in a nonresident school district under
sub. (6),
(7) or
(12) (b) 1., the resident school board shall notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the denial.
118.51(3)(a)5.
5. If an application is accepted, on or before the 2nd Friday following the first Monday in May following receipt of the application, the nonresident school board shall notify the applicant, in writing, of the specific school or program that the pupil may attend in the following school year.
118.51(3)(a)6.
6. If an application is accepted, on or before the first Friday following the first Monday in June following receipt of a notice of acceptance, or within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting list under
s. 118.40 (8) (h) 5., the pupil's parent shall notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.
118.51(3)(a)7.
7. If the department has not notified a virtual charter school of the pupils who may attend the school under
s. 118.40 (8) (h) by the deadline for informing applicants under
subd. 3. or
5., the nonresident school district shall specify in its notices under
subd. 3. or
5. that the school district's acceptance is conditional.
118.51(3)(b)
(b)
Notice to resident school district. Annually by June 30, each nonresident school board that has accepted a pupil under this section for attendance in the following school year shall report the name of the pupil to the pupil's resident school board. If a pupil is selected from a waiting list under
s. 118.40 (8) (h) 5., the nonresident school board shall report the name of the pupil to the pupil's resident school board within 10 days of receiving notice of the pupil's selection from the department.
118.51(3)(c)1.1. If a pupil's parent notifies a nonresident school board, under
par. (a) 6., that the pupil intends to attend school in that school district in the following school year, the pupil may attend that school district in the following school year and may continue to attend that school district in succeeding school years without reapplying, except that the nonresident school board may require that the pupil reapply, no more than once, when the pupil enters middle school, junior high school or high school.
118.51(3)(c)2.
2. If at any time a pupil who is attending school in a nonresident school district under this section wishes to attend school in a different nonresident school district under this section, the pupil's parent shall follow the application procedures under
par. (a).
118.51(4)
(4) Adoption of policies and criteria. 118.51(4)(a)(a) By February 1, 1998, each school board shall adopt a resolution specifying all of the following:
118.51(4)(a)5.
5. If the school district is eligible for aid under
subch. VI of ch. 121, the limitation on transfers into or out of the school district imposed by the school board under
sub. (7).
118.51(4)(a)6.
6. Whether it will provide transportation under
s. 121.54 (10) for some or all of the pupils who reside in the school district and attend school in a nonresident school district under this section or for some or all of the pupils who reside in other school districts and attend its schools under this section, and the means, under
s. 121.55, by which it will provide such transportation.
118.51(4)(b)
(b) If the school board revises its criteria or policies under
par. (a), it shall do so by resolution.
118.51(5)
(5) Nonresident school district acceptance criteria. 118.51(5)(a)(a) Permissible criteria. Except as provided in
sub. (3) (a) 2., the criteria for accepting and rejecting applications from nonresident pupils under
sub. (3) (a) may include only the following:
118.51(5)(a)1.
1. The availability of space in the schools, programs, classes, or grades within the nonresident school district. In determining the availability of space, the nonresident school board may consider criteria such as class size limits, pupil-teacher ratios, or enrollment projections established by the nonresident school board and may include in its count of occupied spaces all of the following:
a. Pupils attending the school district for whom tuition is paid under
s. 121.78 (1) (a).
b. Pupils and siblings of pupils who have applied under sub. (3) (a) and are already attending the nonresident school district.
118.51(5)(a)1.c.
c. If the nonresident school district is a union high school district, pupils who have applied under
sub. (3) (a) and are currently attending an underlying elementary school district of the nonresident school district under this section.
118.51(5)(a)2.
2. Whether the pupil has been expelled from school by any school district during the current or 2 preceding school years for any of the following reasons or whether a disciplinary proceeding involving the pupil, which is based on any of the following reasons, is pending:
118.51(5)(a)2.a.
a. Conveying or causing to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives.
118.51(5)(a)2.b.
b. Engaging in conduct while at school or while under supervision of a school authority that endangered the health, safety or property of others.
118.51(5)(a)2.c.
c. Engaging in conduct while not at school or while not under the supervision of a school authority that endangered the health, safety or property of others at school or under the supervision of a school authority or of any employee of the school district or member of the school board.
118.51(5)(a)2.d.
d. Possessing a dangerous weapon, as defined in
s. 939.22 (10), while at school or while under the supervision of a school authority.
