118.01 (1) Purpose. Public education is a fundamental responsibility of the state. The constitution vests in the state superintendent the supervision of public instruction and directs the legislature to provide for the establishment of district schools. The effective operation of the public schools is dependent upon a common understanding of what public schools should be and do. Establishing such goals and expectations is a necessary and proper complement to the state's financial contribution to education. Each school board should provide curriculum, course requirements and instruction consistent with the goals and expectations established under sub. (2). Parents and guardians of pupils enrolled in the school district share with the state and school board the responsibility for pupils meeting the goals and expectations under sub. (2).
118.013 (3) (a) of the statutes is amended to read:
118.013 (3) (a) A school board on its own initiative or upon receipt of an application from the principal of a school located in the school district may apply to the state superintendent department for a grant to assist in developing or implementing a management restructuring program.
The state superintendent At the commencement of each gubernatorial term of office, the secretary shall appoint a 12-member council under s. 15.04 (1) (c) to review the applications and make recommendations to the state superintendent department. The council shall consist of the governor or his or her designee and at least one member representing school boards, one member representing school administrators, one member representing parents of pupils enrolled in the school district and one member representing teachers. The state superintendent secretary may also appoint members representing other groups. Grants shall be awarded from the appropriation under s. 20.255 (2) (ds). The state superintendent
department shall give preference in awarding grants under this paragraph to applications submitted by school boards in collaboration with an organization of professional educators or persons concerned with educational administration. To the extent possible, the state superintendent department shall ensure that grants are equally distributed on a statewide basis.
118.019 (5) of the statutes is amended to read:
118.019 (5) Advisory committee. Each In any school district that offers a human growth and development curriculum, the school board shall appoint an advisory committee composed of parents, teachers, school administrators, pupils, health care professionals, members of the clergy and other residents of the school district. The advisory committee shall develop a the human growth and development curriculum and advise the school board on the design, review and implementation of the advisory committee's human growth and development curriculum. The advisory committee shall review the curriculum at least every 3 years and shall file a written report with the department indicating it has done so.
118.019 (6) of the statutes is repealed.
118.07 (2) (b) of the statutes is amended to read:
118.07 (2) (b) Annually the person having direct charge of any public or private school shall file a report pertaining to such drills on forms furnished by the department of industry, labor and human relations development. Such reports shall be made to the department of industry, labor and human relations development and, in each community having a recognized fire department, to the chief of the fire department. When no fire drill is held during any month, the person having direct charge of the school shall state the reasons therefor in the report.
118.125 (2) (i) of the statutes is amended to read:
118.125 (2) (i) The technical college district board in which the public school is located, or the department of health and social services or a county department under s. 46.215, 46.22 or 46.23 for verification of eligibility for public assistance under ch. 49, shall, upon Upon request, be provided by the school district clerk with shall provide the names of pupils who have withdrawn from the public school prior to graduation under s. 118.15 (1) (c) to the technical college district board in which the public school is located or, for verification of eligibility for public assistance under ch. 49, to the department of health and social services, the department of industry, labor and human relations or a county department under s. 46.215, 46.22 or 46.23.
118.125 (3) of the statutes is amended to read:
118.125 (3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm, or optical disk or in electronic format if authorized under s. 19.21 (4) (c), or in such other form as the school board deems appropriate. A school board shall maintain peace officers' records obtained under s. 48.396 (1m) separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under ch. 985.
118.15 (1) (bm) of the statutes is created to read:
118.15 (1) (bm) Upon the child's request and with the written approval of the child's parent or guardian, any child who is 16 years of age or over shall be excused by the school board from regular school attendance if the child presents evidence satisfactory to the school board that he or she is employed full-time or is participating in an apprenticeship program under ch. 106. The excuse applies only while the child is employed full-time or is participating in an apprenticeship program under ch. 106.
118.15 (5) (b) of the statutes is amended to read:
118.15 (5) (b) Paragraph (a) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.50 (7) (h) 49.26 (1) (h).
118.16 (4) (e) of the statutes is amended to read:
118.16 (4) (e) A Except as provided under s. 119.55, a school board may establish one or more youth service centers for the counseling of children who are taken into custody under s. 48.19 (1) (d) 9. or 10. for being absent from school without an acceptable excuse under s. 118.15.
118.165 (2) of the statutes is amended to read:
118.165 (2) An institution may request the state superintendent department to approve the institution's educational program as a private school. The state superintendent department shall base his or her its approval solely on the criteria under sub. (1).
118.167 of the statutes is amended to read:
118.167 (title) Private school determination by state superintendent department
. If an association that regulates or accredits private educational institutions in this state submits an affidavit to the state superintendent department attesting that the institution meets or exceeds all of the criteria under s. 118.165 and the state superintendent department finds that the institution does meet or exceed all of the criteria under s. 118.165, the state superintendent department shall determine that the institution is a private school. If at any time the state superintendent department finds that an institution determined to be a private school under this section no longer meets the criteria under s. 118.165, he or she the department may withdraw the determination.
118.17 of the statutes is amended to read:
118.17 Indigent children. The principal or teacher in charge of any public school shall report to the authority administering general relief county department under s. 46.215, 46.22 or 46.23 for the county wherein the school is situated the name and address of any child in the school whose parent, guardian or other person having control, charge or custody of the child is without sufficient means to furnish the child with food or clothing necessary to enable the child to attend school.
118.19 (11) of the statutes is created to read:
118.19 (11) The department may promulgate rules establishing requirements for licensure as a school principal. A school principal license shall authorize the individual to serve as a school principal for any grade level.
. 118.192 (5) of the statutes is repealed.
118.20 (2) of the statutes is amended to read:
118.20 (2) The state superintendent or a person designated by the superintendent department may receive and investigate complaints charging discrimination in employment, assignment or reassignment of teachers or administrative personnel in the public schools and the superintendent or designee department may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.
118.20 (4) to (7) of the statutes are amended to read:
118.20 (4) After hearing, if the state superintendent department finds that the respondent has engaged in discrimination prohibited by this section the state superintendent department shall make written findings and recommend such action by the respondent as shall satisfy the purposes of this section and shall serve a certified copy of the findings and recommendations on the respondent together with an order requiring the respondent to comply with the recommendations. Any person aggrieved by noncompliance with the order shall be entitled to have the order enforced specifically by suit in equity. If the state superintendent department finds that the respondent has not engaged in the alleged discrimination, the state superintendent department shall serve a certified copy of the state superintendent's department's findings on the complainant together with an order dismissing the complaint.
(5) If any public school official, employe, teachers agency or placement bureau violates sub. (1) or fails or refuses to obey any lawful order made by the superintendent department pursuant to this section, such person shall forfeit and pay into the state treasury not less than $25 nor more than $50, or be imprisoned not less than 5 nor more than 30 days. Such violation or failure or refusal to obey an order shall be grounds for the removal of any school district administrator, member of a school board or other public school official. Findings and orders of the superintendent department under this section shall be subject to judicial review under ch. 227
(6) Upon request of the superintendent
department, the attorney general or district attorney of the county in which any investigation, hearing or trial under this section is pending, shall aid and prosecute under supervision of the superintendent department, all necessary actions or proceedings for the enforcement of this section and for the punishment of all violations thereof.
(7) In administering this section the superintendent department shall have authority to make, amend and rescind rules necessary to carry out the purposes of this section.
Section 3957. 118.24 (1) of the statutes is amended to read:
118.24 (1) A school board may employ a school district administrator, a business manager and school principals and assistants to such persons. The term of each employment contract shall expire on June 30 of an odd-numbered year and may not exceed 2 years. A contract for a term of 2 years may provide for one or more extensions of one year each.
118.24 (2) (e) of the statutes is amended to read:
118.24 (2) (e) The school district administrator shall attend annually one convention called by the state superintendent department for the purpose of consultation upon matters pertaining to the supervision and management of the schools. The administrator shall be reimbursed for actual and necessary expenses incurred for travel, board and lodging because of attendance at such convention. Bills for such expenses shall be audited and allowed by the school board upon presentation of an itemized statement of expense accompanied by a certificate of attendance signed by the state superintendent
118.24 (6) of the statutes is amended to read:
118.24 (6) The employment contract of any person described under sub. (1) shall be in writing and filed with the school district clerk. At least 4 months prior to the expiration of the employment contract, the employing school board shall give notice in writing of either renewal of the contract or of refusal to renew such person's contract. If no such notice is given, the contract then in force shall continue in force for a term that expires on June 30 of an odd-numbered year and that does not exceed 2 years. Any such person who receives notice of renewal or who does not receive notice of renewal or refusal to renew the person's contract at least 4 months before the contract expiration shall accept or reject the contract in writing on or before a date 3 months prior to the contract expiration. No such person may be employed or dismissed except by a majority vote of the full membership of the school board. Nothing in this section prevents the modification or termination of an employment contract by mutual agreement of the parties. No school board may enter into a contract of employment with any such person for a period of time as to which such person is then under a contract of employment with another school board.
118.24 (8) of the statutes is amended to read:
118.24 (8) Personnel administrators and supervisors, curriculum administrators and assistants to such administrative personnel, when employed by the school board of any school district to perform administrative duties only, may be employed for a term that expires on June 30 of an odd-numbered year and that does not exceed 2 years. The term shall coincide with the state fiscal biennium A contract for a term of 2 years may provide for one or more extensions of one year each. Subsections (5) to (7) are applicable to such persons when they are employed to perform administrative duties only.
118.245 (1) of the statutes is amended to read:
118.245 (1) In this section, "professional:
(a) "Nonrepresented professional employe" means
a school district an employe who holds a license issued by the state superintendent under s. 115.28 (7), whose employment requires that license, is a professional employe as defined in s. 111.70 (1) (L), who is employed to perform services for a school district and who whose position is not included in a collective bargaining unit for which a representative is recognized or certified under subch. IV of ch. 111.
118.245 (1) (b) of the statutes is created to read:
118.245 (1) (b) "Represented professional employe" has the meaning given for "school district professional employe" in s. 111.70 (1) (ne).
118.245 (2) of the statutes is repealed.
118.245 (3) of the statutes is amended to read:
118.245 (3) No school district may grant provide to its nonrepresented professional employes for any 12-month period ending on June 30 an average increase for all such employes in the total cost to the school district of compensation during the period beginning on August 12, 1993, and ending on June 30, 1996, and fringe benefits for such employes having an average cost per employe exceeding 2.1% 3.8% of the average total cost per employe of compensation and fringe benefits provided by the school district to its nonrepresented professional employes for any the preceding 12-month period ending on June 30, including or the average total percentage increased cost per employe of compensation and fringe benefits provided to its represented professional employes during the 12-month period ending on June 30 preceding the date that the increase becomes effective, whichever is greater. In this subsection, the cost of compensation includes the cost of any increase in compensation due to a promotion or the attainment of increased professional qualifications, unless the increased cost required to maintain the percentage contribution by the school district to the employes' existing fringe benefit costs and to maintain all fringe benefits provided to the employes under sub. (2) exceeds 1.7% of the average total cost per employe of compensation and fringe benefits provided by the school district to its professional employes for any such 12-month period, in which case the school district shall not grant to its professional employes an average increase for all such employes in compensation during that period having a total cost per employe exceeding an average of that percentage, if any, for each 12-month period ending on June 30, of the prorated portion of 2.1% of the average total cost per employe of compensation and fringe benefits provided by the school district to its professional employes that remains, if any, after the average increased cost of such maintenance exceeding 1.7% of the average total cost per employe of compensation and fringe benefits provided by the school district to its professional employes for each 12-month period is subtracted from the average increased cost of such a compensation increase. For purposes of this subsection, the average total percentage increased cost per employe of the compensation provided by a school district to its represented professional employes shall be determined in accordance with the method prescribed by the employment relations commission under s. 111.70 (4) (cm) 8s.
118.245 (4) of the statutes is amended to read:
118.245 (4) For purposes of determination of the increased cost of any fringe benefits or compensation provided to a nonrepresented professional employe or represented professional employe, any cost increase that is incurred on any day other than the beginning of a 12-month period under sub. (2) or (3) shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period.
118.255 (3) of the statutes is amended to read:
118.255 (3) The school board, cooperative educational service agency or county handicapped children's education board maintaining health treatment services shall report annually to the department of public instruction, and at such other times as the department directs, such information as the department requires.
118.255 (4) of the statutes is amended to read:
118.255 (4) If the state superintendent department is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law he or she, the department shall certify to the department of administration in favor of each school board, cooperative educational service agency and county handicapped children's education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in s. 115.88 (1) by the school board, cooperative educational service agency and county handicapped children's education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county handicapped children's education board.
118.28 of the statutes is amended to read:
118.28 Community action agencies. The school board of a school district may appropriate funds for promoting and assisting any community action agency under s. 46.30 49.37.
118.30 (1) of the statutes is repealed and recreated to read:
118.30 (1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and 10th grades.
118.30 (1m) of the statutes is created to read:
118.30 (1m) Except as otherwise provided in this section, annually each school board shall do all of the following:
(a) Beginning in the 1996-97 school year, administer the 4th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.
(am) Administer the 8th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.
(b) Administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade.
118.30 (2) (b) 3. of the statutes is amended to read:
118.30 (2) (b) 3. Annually, the school board shall notify the parent or guardian of each pupil enrolled in the 8th and 10th grades in the school district, including pupils enrolled in charter schools located in the school district, that he or she may request the school board to excuse the pupil from taking an examination administered under this section. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under this section.
118.30 (2) (b) 4. of the statutes is repealed.
118.30 (4) of the statutes is created to read:
118.30 (4) The department shall study the utility of administering technology-based performance assessments to pupils.
118.37 (3) (b) and (3m) (b) of the statutes are amended to read:
118.37 (3) (b) If the pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 and the number of high school credits to award the pupil for the course, if any. The state superintendent department shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the end of the semester in which it received the notice under par. (a). If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the state superintendent department within 30 days after the decision. The state superintendent's department's decision shall be final and is not subject to review under subch. III of ch. 227.
(3m) (b) The state superintendent
department may waive the requirement under par. (a) if he or she
the department determines that the requirement would impose too great a cost because of the lack of equipment or space.
118.38 of the statutes is created to read:
118.38 Waivers of laws and rules. (1) (a) A school board may request the department to waive any school board or school district requirement in chs. 115 to 121 or in the administrative rules promulgated by the department under the authority of those chapters, except for statutes or rules related to any of the following:
1. The health or safety of pupils.
2. Pupil discrimination under s. 118.13.
3. The pupil assessment program under s. 118.30 and the standardized reading test required under s. 121.02 (1) (r).
4. Pupil records under s. 118.125.
5. The collection of data by the department.
6. The uniform financial fund accounting system under ss. 115.28 (13) and 115.30 (1) and audits of school district accounts under s. 120.14.
7. Licensure or certification under s. 115.28 (7) or (7m) other than the licensure of the school district administrator or business manager.
(b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.
(1m) The school board shall specify in its request for a waiver its reason for requesting the waiver.
(2) In determining whether to grant the waiver, the department shall consider all of the following factors and may consider additional factors:
(a) Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of P.L. 103-227
(b) If the school board has adopted educational goals for the school district, whether the requirement impedes progress toward achieving the goals.
(2m) Beginning on January 1, 1996, a school board shall submit a request for a waiver to the secretary. If the secretary denies a waiver, the school board may, within 30 days after the denial, appeal the denial to the commission. The commission shall issue a decision on the appeal within 30 days after receiving the appeal.
(3) A waiver is effective for 4 years. The secretary shall renew the waiver for additional 4-year periods if the school board has evaluated the educational and financial effects of the waiver over the previous 4-year period, except that the secretary is not required to renew a waiver if the secretary determines that the school district is not making adequate progress toward improving pupil academic performance.