Amendment ASA-AB150

AB150-ASA,1367,12 116.02 (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.

AB150-ASA, s. 3915e Section 3915e. 116.02 (1) (d) of the statutes is repealed.

AB150-ASA, s. 3915m Section 3915m. 116.02 (2) of the statutes is repealed and recreated to read:

AB150-ASA,1367,16 116.02 (2) The annual convention shall establish bylaws for governing the agency, including bylaws for all of the following:

AB150-ASA,1367,18 (a) Subject to sub. (1) (a), setting the date of the annual convention and establishing procedures for calling a special meeting.

AB150-ASA,1367,19 (b) Providing for regular meetings of the board of control.

AB150-ASA,1367,21 (c) Establishing an initial plan of representation for the agency and specifying how the plan may be amended.

AB150-ASA,1367,22 (d) Specifying the number of members on the board of control.

AB150-ASA,1367,24 (e) Specifying what constitutes a vacancy on the board of control and establishing procedures for filling a vacancy on the board of control.

AB150-ASA,1368,3 (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.

AB150-ASA,1368,5 (g) Providing for the establishment of fiscal control, responsibility and accountability requirements.

AB150-ASA,1368,6 (h) Designating a public depository.

AB150-ASA, s. 3915s Section 3915s. 116.02 (3) of the statutes is repealed.

AB150-ASA, s. 3916e Section 3916e. 116.03 (3) of the statutes is repealed.

AB150-ASA, s. 3916m Section 3916m. 116.03 (6) of the statutes is repealed.

AB150-ASA, s. 3916s Section 3916s. 116.03 (7) of the statutes is repealed.

AB150-ASA, s. 3917m Section 3917m. 116.03 (8) of the statutes is repealed.

AB150-ASA, s. 3919 Section 3919. 116.03 (10) of the statutes is amended to read:

AB150-ASA,1368,17 116.03 (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.

AB150-ASA, s. 3920 Section 3920. 116.03 (11) of the statutes is amended to read:

AB150-ASA,1368,23 116.03 (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.

AB150-ASA, s. 3920m Section 3920m. 116.03 (12m) of the statutes is created to read:

AB150-ASA,1369,3 116.03 (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.

AB150-ASA, s. 3921 Section 3921. 116.03 (13) of the statutes is amended to read:

AB150-ASA,1369,7 116.03 (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.

AB150-ASA, s. 3922c Section 3922c. 116.032 of the statutes is created to read:

AB150-ASA,1369,12 116.032 Contracts for services. (1) Subject to subs. (2) to (5), for the purpose of providing services to pupils a board of control may contract with school districts, University of Wisconsin System institutions and centers, technical college district boards, private schools, and agencies or organizations that provide services to pupils.

AB150-ASA,1369,15 (2) A board of control may not contract with any person for the purpose of providing services to any entity specified under sub. (1) unless the entity specified under sub. (1) is authorized to contract directly with that person for those services.

AB150-ASA,1369,18 (3) (a) A board of control may contract with a private school or private agency or organization to provide a service or program to that private school or private agency or organization only if all of the following apply:

AB150-ASA,1369,20 1. The service or program was developed for and has been provided to public schools.

AB150-ASA,1369,22 2. Providing the service or program will not have a negative effect on the agency's ability to serve school districts.

AB150-ASA,1369,25 (b) Any contract with an entity specified under sub. (1) other than a school district shall require payment for at least the full cost of the service or program provided.

AB150-ASA,1370,4 (4) A board of control may contract with a school district that is not in the agency to provide a service or program to that school district only if the agency in which the school district participates does not offer the service or program or the latter agency authorizes the school district to do so.

AB150-ASA,1370,5 (5) No contract may be for a term that is longer than 20 years.

AB150-ASA, s. 3922g Section 3922g. 116.04 of the statutes, as affected by 1993 Wisconsin Act 355, is repealed and recreated to read:

AB150-ASA,1370,12 116.04 Agency administrator. The board of control shall appoint an individual who is licensed by the department as a school administrator or is eligible to be licensed by the department as a school administrator to serve as agency administrator. The agency administrator shall implement the policies of the board of control.

AB150-ASA, s. 3923m Section 3923m. 116.05 of the statutes is amended to read:

AB150-ASA,1370,19 116.05 (title) Professional advisory committee Advisory committees. In each agency there shall be a professional advisory committee, composed of the school district administrator of each school district in the agency, which shall meet at the request of the board of control or the agency administrator to advise them. The board of control may appoint additional advisory committees that are representative of the users of the agency's services and programs.

AB150-ASA, s. 3924m Section 3924m. 116.055 of the statutes is amended to read:

AB150-ASA,1371,5 116.055 Real property. The board of control may purchase, hold, encumber and dispose of real property, in the name of the agency, for use as its office or for any educational service provided by the agency if a resolution to do so is adopted by a two-thirds vote of the members of the board of control majority of the delegates at the annual convention or at a special meeting and then approved , within 60 days after the convention or special meeting, by three-fourths two-thirds of the school boards in the agency by majority vote of each school board. Aid received under s. 116.08 may be used for the acquisition and maintenance of real property under this section. In addition, the board of control may assess the costs of acquisition and maintenance against each school district in the agency.

AB150-ASA, s. 3925m Section 3925m. 116.09 of the statutes is created to read:

AB150-ASA,1371,9 116.09 State and federal grants. (1) Except as provided under sub. (2), the board of control is eligible for and may apply for any state or federal grant for which a school district is eligible.

AB150-ASA,1371,11 (2) If a school district in the agency applies for a grant the board of control is eligible for that grant only on behalf of one or more school districts in the agency.

AB150-ASA, s. 3926 Section 3926. 117.03 (2) of the statutes is amended to read:

AB150-ASA,1371,14 117.03 (2) "Appeal panel" means a panel appointed by the state superintendent secretary under s. 117.05 (1).

AB150-ASA, s. 3927 Section 3927. 117.05 (1) of the statutes is amended to read:

AB150-ASA,1371,20 117.05 (1) Appeal panels. The state superintendent secretary shall appoint 3 members of the board to hear appeals filed under ss. 117.12 (4) and 117.13 (3). No 2 members of the appeal panel may be board members from any of the following kinds of school districts: those with small enrollments, those with medium enrollments or those with large enrollments.

AB150-ASA, s. 3928 Section 3928. 117.05 (1m) of the statutes is amended to read:

AB150-ASA,1371,25 117.05 (1m) Board and appeal panel meetings. The state superintendent secretary shall set the time and place for meetings of the board under ss. 117.10, 117.12 (5) and 117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.

AB150-ASA, s. 3929 Section 3929. 117.05 (2) (a) of the statutes is amended to read:

AB150-ASA,1372,9 117.05 (2) (a) Board. The state superintendent secretary shall appoint 7 members of the board to perform any review under ss. 117.10, 117.12 (5) and 117.132. The 7 members shall include the state superintendent secretary or his or her designee on the board, 2 board members from school districts with small enrollments, 2 board members from school districts with medium enrollments and 2 board members from school districts with large enrollments. Any action of the board under this chapter requires the affirmative vote of at least 4 of the 7 members appointed under this paragraph.

AB150-ASA, s. 3930 Section 3930. 117.05 (10) of the statutes is amended to read:

AB150-ASA,1372,15 117.05 (10) (title) State superintendent Secretary to advise. The state superintendent secretary shall advise and consult with school boards regarding school district organization and reorganization. If, in the state superintendent's secretary's opinion, one or more school districts should be altered, consolidated or dissolved, he or she may make recommendations to the school boards.

AB150-ASA, s. 3931 Section 3931. 118.001 of the statutes is created to read:

AB150-ASA,1372,21 118.001 Duties and powers of school boards; construction of statutes. The statutory duties and powers of school boards shall be broadly construed to authorize any school board action that is within the comprehensive meaning of the terms of the duties and powers, if the action is not prohibited by the laws of the federal government or of this state.

AB150-ASA, s. 3933 Section 3933. 118.01 (1) of the statutes is amended to read:

AB150-ASA,1373,8 118.01 (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).

AB150-ASA, s. 3934 Section 3934. 118.013 (3) (a) of the statutes is amended to read:

AB150-ASA,1374,2 118.013 (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.

AB150-ASA, s. 3935 Section 3935. 118.015 (2) of the statutes is repealed.

AB150-ASA, s. 3936 Section 3936. 118.015 (3) of the statutes is repealed.

AB150-ASA, s. 3937 Section 3937. 118.019 (6) of the statutes is repealed.

AB150-ASA, s. 3938 Section 3938. 118.07 (2) (b) of the statutes is amended to read:

AB150-ASA,1374,13 118.07 (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.

AB150-ASA, s. 3939 Section 3939. 118.125 (2) (i) of the statutes is amended to read:

AB150-ASA,1374,23 118.125 (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.

AB150-ASA, s. 3940 Section 3940. 118.125 (3) of the statutes is amended to read:

AB150-ASA,1375,12 118.125 (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.

AB150-ASA, s. 3941m Section 3941m. 118.15 (1) (bm) of the statutes is created to read:

AB150-ASA,1375,20 118.15 (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.

AB150-ASA, s. 3945 Section 3945. 118.15 (5) (b) of the statutes is amended to read:

AB150-ASA,1375,23 118.15 (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).

AB150-ASA, s. 3947 Section 3947. 118.16 (4) (e) of the statutes is amended to read:

AB150-ASA,1376,4 118.16 (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.

AB150-ASA, s. 3949 Section 3949. 118.165 (2) of the statutes is amended to read:

AB150-ASA,1376,9 118.165 (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).

AB150-ASA, s. 3950 Section 3950. 118.167 of the statutes is amended to read:

AB150-ASA,1376,20 118.167 (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.

AB150-ASA, s. 3951 Section 3951. 118.17 of the statutes is amended to read:

AB150-ASA,1377,2 118.17 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.

AB150-ASA, s. 3952 Section 3952 . 118.192 (5) of the statutes is repealed.

AB150-ASA, s. 3954m Section 3954m. 118.20 (2) of the statutes is amended to read:

AB150-ASA,1377,10 118.20 (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.

AB150-ASA, s. 3955 Section 3955. 118.20 (4) to (7) of the statutes are amended to read:

AB150-ASA,1377,23 118.20 (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.

AB150-ASA,1378,7 (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

AB150-ASA,1378,12 (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.

AB150-ASA,1378,15 (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.