1995 Wisconsin Act 27

27,3874r Section 3874r. 115.362 (3) of the statutes is amended to read:

115.362 (3) Except for grants under sub. (2) (a), no school district or cooperative educational service agency may receive more than one grant under this section. Grants awarded under sub. (2) (a) shall not be used to supplant or replace funds otherwise available for the program.

27,3875 Section 3875 . 115.363 of the statutes is repealed.

27,3876 Section 3876 . 115.364 of the statutes is repealed.

27,3877 Section 3877 . 115.366 of the statutes is repealed.

27,3878m Section 3878m. 115.375 (2) (a) 2. of the statutes is amended to read:

115.375 (2) (a) 2. “Public agency" means a county, city, village, town, public inland lake protection and rehabilitation district, or school district or cooperative educational service agency or an agency of this state or of a county, city, village, town, public inland lake protection and rehabilitation district, or school district or cooperative educational service agency.

27,3879 Section 3879. 115.375 (2) (b) of the statutes is amended to read:

115.375 (2) (b) From the appropriations under s. 20.255 (1) (cp), (jr) and (r) (2) (ee) and (ra), the board shall award grants to corporations and public agencies for the development, dissemination and presentation of environmental education programs. Programs shall be funded on an 18-month basis. The board may not award a grant unless the grant recipient matches at least 25% of the amount of the grant. Private funds and in-kind contributions may be applied to meet the matching requirement. Grants under this paragraph may not be used to replace funding available from other sources.

27,3880 Section 3880. 115.375 (2) (c) of the statutes is amended to read:

115.375 (2) (c) The board shall promulgate rules establishing the criteria and procedures for the awarding of grants for programs and projects under par. (b). The board shall use the priorities established under sub. (1) for awarding grants if the amount in the appropriations under s. 20.255 (1) (cp), (jr) and (r) (2) (ee) and (ra) in any fiscal year is insufficient to fund all applications under this subsection. The department shall assist the board in administering this section.

27,3881 Section 3881 . 115.392 of the statutes is repealed.

27,3881m Section 3881m. 115.395 of the statutes is repealed.

27,3882 Section 3882 . 115.40 (4) (a) of the statutes is amended to read:

115.40 (4) (a) The state superintendent secretary and the secretary of health and social services shall provide technical assistance to and consult with applicants regarding the preparation of their applications.

27,3883 Section 3883. 115.40 (4) (b) of the statutes is amended to read:

115.40 (4) (b) The state superintendent secretary and the secretary of health and social services shall review the applications and jointly determine the grant recipients and the amount of each grant. A grant may not be awarded to a school board, agency or organization unless the percentage of the participating school district's membership in the previous school year for whom aid to families with dependent children was being received under s. 49.19 was greater than 5%. In this paragraph, “membership" has the meaning given in s. 121.004 (5).

27,3884 Section 3884 . 115.40 (4) (c) (intro.) of the statutes is amended to read:

115.40 (4) (c) (intro.) The state superintendent secretary and the secretary of health and social services shall give preference in awarding grants under this section to all of the following:

27,3884m Section 3884m. 115.40 (7) of the statutes is created to read:

115.40 (7) No grant may be awarded under this section after June 30, 1996.

27,3885 Section 3885 . 115.43 (2) (b) of the statutes is amended to read:

115.43 (2) (b) From the appropriation under s. 20.255 (1) (3) (fz), award precollege scholarships, on a competitive basis, to minority group pupils who enroll in a technical college or in college or university classes or programs designed to improve academic skills that are essential for success in postsecondary school education. The state superintendent shall give preference to minority group pupils who are inadequately represented in the technical college and university of Wisconsin systems.

27,3886 Section 3886 . 115.45 (2) (b) of the statutes is amended to read:

115.45 (2) (b) The council for Milwaukee public schools grant programs under s. 115.28 (20) shall review the applications submitted under par. (a) and make recommendations to the state superintendent secretary regarding the schools to be selected and amounts of the grants to be awarded. The council's recommendations shall be based upon and include information regarding the degree to which the proposed projects will effectively meet the requirements under sub. (4).

27,3887 Section 3887 . 115.45 (6) (b) of the statutes is amended to read:

115.45 (6) (b) By March 1, 1986, and annually thereafter, submit to the joint committee on finance and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a budget report detailing the grants he or she the department intends to award under this section in the next fiscal year. The report shall provide summary data on the results of the annual testing required under sub. (4) (b) and include a description of the guidelines used to determine the individual schools and private service providers that will receive funds under this section and the types of expenditures eligible for such funds.

27,3888 Section 3888 . 115.47 of the statutes is amended to read:

115.47 Designated state official under agreement. The “designated state official" for this state under s. 115.46 shall be the state superintendent of public instruction secretary.

27,3889 Section 3889 . 115.48 of the statutes is amended to read:

115.48 Contracts under agreement. True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the department of public instruction and in the office of the secretary of state. The department of public instruction shall publish all such contracts in convenient form.

27,3890 Section 3890 . 115.52 (5) of the statutes is amended to read:

115.52 (5) The state superintendent may grant approval for the maintenance of a summer school at the school for the deaf whenever it will be to the advantage of deaf persons and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of visually handicapped minors. There shall be a summer school each year at the school for the visually handicapped for adult visually handicapped persons. There is no age limitation on summer school admissions adults.

27,3891 Section 3891 . 115.53 (4) (intro.) of the statutes is amended to read:

115.53 (4) (intro.) Apply to the board of regents of the university of Wisconsin system directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics of any pupil in the state schools.

27,3892 Section 3892 . 115.53 (4) (b) of the statutes is amended to read:

115.53 (4) (b) The net cost of hospital treatment shall be at the rate established under s. 142.07 233.40 (1) and shall be chargeable to the appropriation for operating the patient's school. The state superintendent likewise may authorize payment for the expense of transporting patients to and from the hospital. The state superintendent shall make payments for the treatment to the board of regents University of Wisconsin Hospitals and Clinics Authority. Funds collected by the state superintendent on account of the hospitalization shall be deposited in the appropriation under s. 20.255 (1) (b) for the school concerned.

27,3893m Section 3893m. 115.745 of the statutes is repealed.

27,3894 Section 3894 . 115.77 (1) of the statutes is amended to read:

115.77 (1) Appointment of administrator. The state superintendent secretary shall appoint the administrator.

27,3895 Section 3895. 115.77 (2) (intro.) of the statutes is amended to read:

115.77 (2) Duties of administrator. (intro.) Subject to the direction of the state superintendent secretary, the administrator:

27,3896 Section 3896 . 115.79 (1) (intro.) of the statutes is amended to read:

115.79 (1) (intro.) The state superintendent secretary shall consult with the council on exceptional education concerning:

27,3897 Section 3897 . 115.79 (1) (d) of the statutes is amended to read:

115.79 (1) (d) Any other matters upon which the state superintendent secretary wishes the council's opinion.

27,3898 Section 3898 . 115.81 (7) of the statutes is amended to read:

115.81 (7) (title) Appeal to state superintendent department. Within 45 days after the decision of the hearing officer under sub. (6), either party may appeal the decision to the state superintendent department. An appeal under this subsection shall be initiated by filing a written request for review with the state superintendent department. The request for review shall contain a brief statement of the grounds on which the review is requested and shall be served on all parties. The state superintendent secretary shall appoint an impartial reviewing officer to conduct the appeal. The reviewing officer shall review the record established at the hearing under sub. (6) and issue a written decision within 30 days of receipt of the request for review. A reviewing officer may receive additional testimony and may grant specific extensions of time for cause at the request of either party.

27,3899 Section 3899 . 115.81 (8) of the statutes is amended to read:

115.81 (8) Appeal to court. Within 45 days after the decision of the reviewing officer appointed by the state superintendent secretary under sub. (7), either party may appeal the decision to the circuit court for the county in which the child resides.

27,3901 Section 3901 . 115.85 (2) (c) 2. (intro.) of the statutes is amended to read:

115.85 (2) (c) 2. (intro.) The state superintendent department shall approve a placement in a public special education program located in another state if he or she the department determines that it the program is appropriate to meet the child's exceptional educational needs and that:

27,3902 Section 3902 . 115.85 (2m) of the statutes is amended to read:

115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and social services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under ss. s. 48.48 (4) and, 48.553 (3) or 48.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

27,3907 Section 3907 . 115.89 of the statutes is amended to read:

115.89 Noncomplying school district; remedies. (1) If, after a public hearing in the school district or as the result of a monitoring procedure or a complaint investigation, the state superintendent department finds that a school board has violated this subchapter or the rules promulgated under this subchapter, he or she the department may make recommendations to the school board to remedy the violation and may require the school board to submit a remedial plan incorporating such recommendations.

(3) If, after consultation with the school board, the state superintendent department finds that the remedial plan has not incorporated his or her the department's recommendations, or that its implementation has been inadequate to ensure compliance with this subchapter and the rules promulgated under this subchapter, he or she the department shall request the attorney general to proceed against the school district for injunctive or other appropriate relief.

27,3909 Section 3909 . 115.93 (1) of the statutes is amended to read:

115.93 (1) Except as provided under sub. (2), if upon receipt of the reports under s. 115.92 (2) the state superintendent department is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), he or she the department shall certify to the department of administration in favor of each school district maintaining the program a sum equal to 63% of the amount expended by the school district during the preceding school year for salaries of teachers and instructional aids aides, special transportation and other expenses approved by the state superintendent department. The department of administration shall pay such amounts to the school district from the appropriation under s. 20.255 (2) (b).

27,3914e Section 3914e. 116.01 of the statutes is amended to read:

116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for 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 and, coordination services for and education services to school districts, including such programs as curriculum development assistance, school district management development, coordination of vocational education and exceptional education, research, special student classes, human growth and development, data collection, processing and dissemination and in-service programs University of Wisconsin System institutions and centers and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public and private schools, agencies and organizations that provide services to pupils.

27,3914m Section 3914m. 116.02 (1) (a) of the statutes is amended to read:

116.02 (1) (a) Each agency shall be governed by a board of control composed of members of school boards of school districts within the agency. There shall be no more than one member from the same school board. There shall be no more than one member from the territory comprising a union high school district and its underlying elementary school districts. Annually on or after the 4th Monday in April, the school board of each school district in the agency shall appoint one of its members as its representative for the purpose of determining the composition of the board of control. For the purpose of determining membership on the board of control, a school district operating elementary grades only and lying in more than one union high school district shall be considered part of the union high school district territory in which the major portion of its equalized valuation lies. The board of control shall hold an annual organizational meeting on or after the 2nd Monday in August, unless, at the direction of the convention under par. (c), the board of control at the annual organizational meeting in any year determines to thereafter hold the annual organizational meeting on an earlier date May. No annual organizational meeting may be held prior to after the 2nd Monday in May. If the board of control at the annual organizational meeting determines to thereafter hold the annual organizational meeting prior to the 2nd Monday in August, it shall within 30 days of that decision give notice in writing of the decision to the clerk of each district within the agency and the state superintendent August.

27,3914s Section 3914s. 116.02 (1) (c) of the statutes is amended to read:

116.02 (1) (c) The state superintendent shall cause to convene annually on the day that the board of control holds its annual organizational meeting under par. (a) a convention composed of the representative from each school board in the agency. The secretary to the board of control of the agency shall act as nonvoting secretary to the convention. In the secretary's absence the convention shall appoint an acting secretary from among the representatives to the convention. Upon the convening of the convention the representatives from all school boards within each union high school district territory, meeting separately, shall elect a single representative to represent the territory in the election of members of the board of control. After the meeting for election of a single representative from each union high school district territory, the convention shall elect the members of the board of control, not to exceed 11 in number, in accordance with the plan of representation for the agency adopted under par. (d). The members of the board of control shall be elected for staggered 3-year terms and shall be chosen from among the representatives elected to represent each union high school district territory and the representatives appointed by the school boards of districts operating both elementary and high school grades. There shall be no more than one representative from each union high school district. The convention may direct the board of control to determine a different date for the annual organizational meeting.

27,3915e Section 3915e. 116.02 (1) (d) of the statutes is repealed.

27,3915m Section 3915m. 116.02 (2) of the statutes is repealed and recreated to read:

116.02 (2) The annual convention shall establish bylaws for governing the agency, including bylaws for all of the following:

(a) Subject to sub. (1) (a), setting the date of the annual convention and establishing procedures for calling a special meeting.

(b) Providing for regular meetings of the board of control.

(c) Establishing an initial plan of representation for the agency and specifying how the plan may be amended.

(d) Specifying the number of members on the board of control.

(e) Specifying what constitutes a vacancy on the board of control and establishing procedures for filling a vacancy on the board of control.

(f) Specifying the officers on the board of control, establishing procedures for choosing those officers, specifying their terms of office and their duties and establishing procedures for removing them from office.

(g) Providing for the establishment of fiscal control, responsibility and accountability requirements.

(h) Designating a public depository.

27,3915s Section 3915s. 116.02 (3) of the statutes is repealed.

27,3916e Section 3916e. 116.03 (3) of the statutes is repealed.

27,3916m Section 3916m. 116.03 (6) of the statutes is repealed.

27,3916s Section 3916s. 116.03 (7) of the statutes is repealed.

27,3917m Section 3917m. 116.03 (8) of the statutes is repealed.

27,3919 Section 3919 . 116.03 (10) of the statutes is amended to read:

116.03 (10) Authorize the expenditure of money for the purposes set forth in this chapter and for the actual and necessary expenses of the board of control and agency administrator and for the acquisition of equipment, space and personnel. All accounts of the agency shall be paid by check, share draft or other draft signed by the chairperson and secretary to the board of control.

27,3920 Section 3920. 116.03 (11) of the statutes is amended to read:

116.03 (11) Establish the salaries of the agency administrator and other professional and nonprofessional employes. 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 in the department, whichever is less.

27,3920m Section 3920m. 116.03 (12m) of the statutes is created to read:

116.03 (12m) Every 3rd year as scheduled by the department, provide to the school board of each school district in the agency an accountability plan that addresses both the efficiency and effectiveness of all agency programs and services.

27,3921 Section 3921 . 116.03 (13) of the statutes is amended to read:

116.03 (13) Every 3rd year, as scheduled by the state superintendent department, submit to the state superintendent department for his or her its approval an evaluation of agency programs and services.