1995 Wisconsin Act 27

27,3997 Section 3997 . 119.04 (1) of the statutes is amended to read:

119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.32, 115.33, 115.34, 115.343, 115.345, 115.361, 115.364, 115.366, 115.38 (2), 115.40, 115.45, 118.01 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.42 118.43, 120.12 (5) and (15) to (23) (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), and (34) and (35) to (36) and 120.14 are applicable to a 1st class city school district and board.

27,3998 Section 3998. 119.18 (1) of the statutes is renumbered 119.18 (1r).

27,3999 Section 3999. 119.18 (1g) of the statutes is created to read:

119.18 (1g) Generally. The board may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils.

27,4000 Section 4000 . 119.18 (23) of the statutes is created to read:

119.18 (23) School closings. The board may close any school that it determines is low in performance by adopting a resolution to that effect. If the superintendent of schools recommends to the board that a school be closed, he or she shall state the reasons for the recommendation in writing. If the board closes a school, the superintendent of schools may reassign the school's staff members without regard to seniority in service. If the board reopens the school, the superintendent of schools may reassign staff members to the school without regard to seniority in service.

27,4002 Section 4002 . 119.23 (2) (a) (intro.), 2. and 3. of the statutes are amended to read:

119.23 (2) (a) (intro.) Subject to par. (b), beginning in the 1990-91 school year, any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any nonsectarian private school located in the city if all of the following apply:

2. In the previous school year the pupil was enrolled in the school district operating under this chapter, was attending a private school under this section, was enrolled in grades kindergarten to 3 in a private school located in the city other than under this section or was not enrolled in school.

3. The private school notified the state superintendent of its intent to participate in the program under this section by May 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space.

27,4003 Section 4003 . 119.23 (2) (b) of the statutes is repealed and recreated to read:

119.23 (2) (b) In the 1995-96 school year, no more than 7% of the school district's membership may attend private schools under this section. Beginning in the 1996-97 school year, no more than 15% of the school district's membership may attend private schools under this section.

27,4004 Section 4004 . 119.23 (3) of the statutes is renumbered 119.23 (3) (a) and amended to read:

119.23 (3) (a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend by June 30 of the school year immediately preceding the school year in which he or she wishes to enroll. Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis.

27,4005 Section 4005 . 119.23 (3) (b) of the statutes is created to read:

119.23 (3) (b) If the private school rejects an applicant because it has too few available spaces, the pupil may transfer his or her application to a participating private school that has space available.

27,4006m Section 4006m. 119.23 (4) of the statutes is amended to read:

119.23 (4) Upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school, the state superintendent shall pay to the private school parent or guardian, from the appropriation under s. 20.255 (2) (fu), an amount equal to the total amount to which the school district is entitled under s. 121.08 divided by the school district membership, or an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, whichever is less. The state superintendent shall pay 25% of the total amount in September, 25% in November, 25% in February and 25% in May. The department shall send the check to the private school. The parent or guardian shall restrictively endorse the check for the use of the private school.

27,4007m Section 4007m. 119.23 (5) (d) of the statutes is repealed.

27,4007r Section 4007r. 119.23 (7) (am) of the statutes is created to read:

119.23 (7) (am) Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department and annually shall submit to the department an independent financial audit of the private school.

27,4008e Section 4008e. 119.23 (7) (c) of the statutes is created to read:

119.23 (7) (c) A private school may not require a pupil attending the private school under this section to participate in any religious activity if the pupil's parent or guardian submits to the pupil's teacher or the private school's principal a written request that the pupil be exempt from such activities.

27,4008m Section 4008m. 119.23 (9) (a) of the statutes is repealed.

27,4008s Section 4008s. 119.23 (9) (b) of the statutes is renumbered 119.23 (9) and amended to read:

119.23 (9) The legislative audit bureau shall perform a financial and performance evaluation audit on the program under this section. The bureau shall submit copies of the audit report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) by January 15, 1995 2000.

27,4009 Section 4009 . 119.23 (10) of the statutes is repealed.

27,4010 Section 4010 . 119.235 of the statutes is created to read:

119.235 Contracts with private schools and agencies. (1) The board may contract with any nonprofit, nonsectarian private school located in the city or any nonprofit, nonsectarian private agency located in the city to provide educational programs to pupils enrolled in the school district operating under this chapter. The board shall ensure that each private school or agency under contract with the board complies with ss. 118.125 and 118.13, 20 USC 1232g, 20 USC 1681 to 1688, 20 USC 3171 to 3197, 29 USC 794, 42 USC 2000d and 42 USC 6101 to 6107, and all health and safety laws and rules that apply to public schools.

(2) Each private school or agency under contract with the board shall do all of the following:

(a) Offer a full school year educational program.

(b) Participate in the board's parent information program.

(c) Offer diverse opportunities for parents to participate in the school's programs.

(d) Meet insurance and financial requirements established by the board.

(e) Develop a pupil recruitment and enrollment plan that incorporates all of the following:

1. A good faith effort to achieve racial balance.

2. A pupil selection process that gives preference to the siblings of enrolled pupils and that gives no other preferences except those approved by the board.

3. A statement describing how the plan will serve the needs of low-academic achievers and pupils from low-income families.

(f) Report to the board any information requested by the board.

(3) Any pupil enrolled in the school district operating under this chapter may attend, at no charge, any private school or agency with which the board has contracted under sub. (1) if space is available in the private school or agency.

(4) The board shall establish appropriate, quantifiable performance standards for pupils at each private school or agency with which it contracts in such areas as attendance, reading achievement, pupil retention, pupil promotion, parent surveys, credits earned and grade point average.

(5) Annually, the board shall monitor the performance of the program under this section. The board may use the results of standardized basic educational skills tests to do so. The board shall include a summary of its findings in its annual report to the state superintendent under s. 119.44.

27,4012 Section 4012 . 119.28 (5) of the statutes is amended to read:

119.28 (5) Any action under subs. (3) and (4) shall be subject to the direction of the state superintendent department and the division for learning support, equity and advocacy in the department of public instruction as provided by law.

27,4013 Section 4013 . 119.32 (title) of the statutes is amended to read:

119.32 (title) Superintendent of schools; business manager.

27,4014 Section 4014 . 119.32 (1) of the statutes is amended to read:

119.32 (1) The board shall elect by roll call vote at a regular meeting a superintendent of schools whenever that office becomes vacant. The superintendent of schools shall be a person of suitable learning and experience in the art of instruction and shall have practical familiarity with the most approved methods of organizing and conducting a system of schools.

(7) Notwithstanding ss. 115.28 (7), 118.19 (1) and 121.02 (1) (a), prior to July 1, 1999, the board may elect a superintendent of schools, and may employ a business manager, who is are not licensed or certified by the department.

27,4017g Section 4017g. 119.46 (1) of the statutes is renumbered 119.46 and amended to read:

119.46 Taxes for school operations fund. As part of the budget transmitted annually to the common council under s. 119.16 (8) (b), the board shall report the amount of money required for the ensuing school year to operate all public schools in the city under this chapter, to repair and keep in order school buildings and equipment, to make material improvements to school property and to purchase necessary additions to school sites. The common council shall levy and collect a tax upon all the property subject to taxation in the city, which shall be equal to the amount of money required by the board for the purposes set forth in this subsection section, at the same time and in the same manner as other taxes are levied and collected. Such taxes shall be in addition to all other taxes which the city is authorized to levy. The taxes so levied and collected, together with the other funds provided by law and placed at the disposal of the city for the same purposes, shall constitute the school operations fund.

27,4017r Section 4017r. 119.46 (2) of the statutes is repealed.

27,4017t Section 4017t. 119.55 (title) of the statutes is created to read:

119.55 (title) Youth service centers, truancy abatement and burglary suppression.

27,4017u Section 4017u. 119.55 (1) (b) and (2) of the statutes are created to read:

119.55 (1) (b) Beginning on July 1, 1996, the board shall establish 2 youth service centers under par. (a).

(2) Beginning on July 1, 1996, the board shall pay the city a sum sufficient to pay the costs of salaries and fringe benefits of 4 law enforcement officers to work on truancy abatement and burglary suppression on a full-time basis.

27,4018 Section 4018 . 119.72 (2) (b) of the statutes is amended to read:

119.72 (2) (b) Children with a parent in need of child care services funded under s. 46.40 (3) (a) (2).

27,4019 Section 4019 . 119.80 (1) of the statutes is amended to read:

119.80 (1) The board shall submit to the governor for his or her approval a proposal for the expenditure of the funds in the appropriation under s. 20.255 (2) (ec) in the 1993-94 1995-96 school year. The governor may modify the plan.

27,4020 Section 4020 . 119.80 (2) (a) of the statutes is renumbered 119.80 (2) (am) and amended to read:

119.80 (2) (am) By January June 1, 1994 1996, and annually thereafter by June 1, the governor and the state superintendent shall submit to the joint committee on finance and to the appropriate standing committees of the legislature under s. 13.172 (3) a joint proposal for the expenditure of the funds in the appropriation under s. 20.255 (2) (ec) in the 1994-95 following school year. Within 30 days after receiving the proposal By June 15, each such standing committee may submit written recommendations on the proposal to the joint committee on finance.

27,4020g Section 4020g. 119.80 (2) (a) of the statutes is created to read:

119.80 (2) (a) The board shall submit to the governor a proposal for the expenditure of the funds in the appropriation under s. 20.255 (2) (ec) in the 1996-97 school year and in each school year thereafter.

27,4020r Section 4020r. 119.80 (2) (b) of the statutes is repealed and recreated to read:

119.80 (2) (b) By June 30, the joint committee on finance may schedule a meeting to act on the proposal. At the meeting, the committee may approve, modify and approve as modified, or reject the proposal. If the committee does not schedule a meeting by June 30, the proposal shall be considered approved by the committee.

27,4021 Section 4021 . 119.82 (1) (a) 3. of the statutes is amended to read:

119.82 (1) (a) 3. Has been or is being sanctioned under s. 49.50 (7) (h) 49.26 (1) (h) or is subject to the monthly attendance requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code.

27,4022 Section 4022 . 119.84 of the statutes is amended to read:

119.84 Professional development. Annually, the state superintendent shall pay the amount appropriated in that fiscal year under s. 20.255 (2) (dc) to the board. The board shall use 67% of the funds to provide a mentor teacher program for inexperienced teachers and a peer coaching program for experienced teachers. The board shall use the balance of the funds for school administrator assessment and professional staff development activities. This subsection does not apply after June 30, 1996.

27,4022g Section 4022g. 120.105 of the statutes is repealed.

27,4022r Section 4022r. 120.12 (3) (e) of the statutes is repealed.

27,4023m Section 4023m. 120.12 (24) of the statutes is created to read:

120.12 (24) Health care benefits. Prior to the selection of any group health care benefits provider for school district professional employes, as defined in s. 111.70 (1) (ne), solicit sealed bids for the provision of such benefits.

27,4024 Section 4024. 120.13 (intro.) of the statutes is amended to read:

120.13 School board powers. (intro.) The school board of a common or union high school district may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils, and including all of the following:

27,4029 Section 4029 . 120.17 (8) (bm) of the statutes is amended to read:

120.17 (8) (bm) If the equalized valuation of that part of a municipality lying within a school district is reduced due to the removal of property from the tax roll because the imposition of the property tax on that property is found unconstitutional, the school district clerk shall notify the supervisor of equalization. The supervisor of equalization shall reduce the equalized valuation by the full value of the property so removed and certify the resulting equalized valuation to the state superintendent department and the school district clerk for use in computing the tax levy certifications under this subsection. Corrections may be made under this paragraph only for the valuations used by the department of public instruction for the last 2 school years.

27,4030m Section 4030m. 120.44 (3) of the statutes is repealed.

27,4031 Section 4031 . 121.006 (1) (a) of the statutes is amended to read:

121.006 (1) (a) The state superintendent department may withhold state aid from any school district in which the scope and character of the work are not maintained in such manner as to meet the state superintendent's department's approval.

27,4036 Section 4036 . 121.02 (1) (m) of the statutes is amended to read:

121.02 (1) (m) Provide access to an education for employment program approved by the state superintendent. Beginning in the 1997-98 school year, the program shall incorporate applied curricula; guidance and counseling services under par. (e); technical preparation under s. 118.34; college preparation; youth apprenticeship under s. 101.265 106.13 or other job training and work experience; and instruction in skills relating to employment. The state superintendent shall assist school boards in complying with this paragraph.

27,4037 Section 4037 . 121.02 (1) (s) of the statutes is amended to read:

121.02 (1) (s) Beginning in the 1993-94 school year, administer the examinations required by the state superintendent under s. 118.30. A school board may administer additional examinations only if they are aligned with the school district's curriculum (1m) (am) and (b), and beginning in the 1996-97 school year, administer the examination required by the state superintendent under s. 118.30 (1m) (a).

27,4038 Section 4038 . 121.02 (2) of the statutes is amended to read:

121.02 (2) In order to ensure compliance with the standards under sub. (1), the state superintendent department shall annually conduct a general on-site audit of at least 10% of all school districts, selected by means of a stratified, random sample. The state superintendent shall audit each school district at least once every 10 years but may not audit a school district more than once every 6 years. The state superintendent shall ensure that the audit process involves school board members, school district administrators, teachers, pupils, parents of pupils and other residents of the school district. Nothing in this subsection prohibits the state superintendent from conducting an inquiry into compliance with the standards upon receipt of a complaint and may, on its own initiative, conduct an audit of a school district.