AB1102: Bill Text

AB1102, s. 111 Section 111. 115.45 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,40,16 115.45 (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 secretary state superintendent 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).

AB1102, s. 112 Section 112. 115.45 (6) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,41,2 115.45 (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 the department he or she 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.

AB1102, s. 113 Section 113. 115.47 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,41,6 115.47 Designated state official under agreement. The "designated state official" for this state under s. 115.46 shall be the secretary state superintendent.

AB1102, s. 114 Section 114. 115.48 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,41,12 115.48 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 and in the office of the secretary of state. The department shall publish all such contracts in convenient form.

AB1102, s. 115 Section 115. 115.745 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB1102, s. 116 Section 116. 115.77 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,41,18 115.77 (1) Appointment of administrator. The secretary state superintendent shall appoint the administrator.

AB1102, s. 117 Section 117. 115.77 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,41,22 115.77 (2) Duties of administrator. (intro.) Subject to the direction of the secretary state superintendent, the administrator:

AB1102, s. 118 Section 118. 115.79 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,42,2 115.79 (1) (intro.) The secretary state superintendent shall consult with the council on exceptional education concerning:

AB1102, s. 119 Section 119. 115.79 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,42,6 115.79 (1) (d) Any other matters upon which the secretary state superintendent wishes the council's opinion.

AB1102, s. 120 Section 120. 115.81 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,42,19 115.81 (7) (title) Appeal to department state superintendent. Within 45 days after the decision of the hearing officer under sub. (6), either party may appeal the decision to the department state superintendent. An appeal under this subsection shall be initiated by filing a written request for review with the department state superintendent. 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 secretary state superintendent 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.

AB1102, s. 121 Section 121. 115.81 (8) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,42,24 115.81 (8) Appeal to court. Within 45 days after the decision of the reviewing officer appointed by the secretary state superintendent under sub. (7), either party may appeal the decision to the circuit court for the county in which the child resides.

AB1102, s. 122 Section 122. 115.85 (2) (c) 2. (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,43,6 115.85 (2) (c) 2. (intro.) The department state superintendent shall approve a placement in a public special education program located in another state if the department he or she determines that the program is appropriate to meet the child's exceptional educational needs and that:

AB1102, s. 123 Section 123. 115.89 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,43,15 115.89 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 department state superintendent finds that a school board has violated this subchapter or the rules promulgated under this subchapter, the department state superintendent 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.

AB1102,43,21 (3) If, after consultation with the school board, the department state superintendent finds that the remedial plan has not incorporated the department's his or her recommendations, or that its implementation has been inadequate to ensure compliance with this subchapter and the rules promulgated under this subchapter, the department state superintendent shall request the attorney general to proceed against the school district for injunctive or other appropriate relief.

AB1102, s. 124 Section 124. 115.93 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,44,8 115.93 (1) Except as provided under sub. (2), if upon receipt of the reports under s. 115.92 (2) the department state superintendent 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), the department state superintendent 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 aides, special transportation and other expenses approved by the department state superintendent. The department of administration shall pay such amounts to the school district from the appropriation under s. 20.255 (2) (b).

AB1102, s. 125 Section 125. 116.03 (10) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,44,15 116.03 (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.

AB1102, s. 126 Section 126. 116.03 (11) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,44,22 116.03 (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 in the department under the state superintendent, whichever is less.

AB1102, s. 127 Section 127. 116.03 (12m) of the statutes, as created by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,45,3 116.03 (12m) Every 3rd year as scheduled by the state superintendent, 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.

AB1102, s. 128 Section 128. 116.03 (13) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,45,8 116.03 (13) Every 3rd year, as scheduled by the department state superintendent, submit to the department state superintendent for its his or her approval an evaluation of agency programs and services.

AB1102, s. 129 Section 129. 117.03 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,45,12 117.03 (2) "Appeal panel" means a panel appointed by the secretary state superintendent under s. 117.05 (1).

AB1102, s. 130 Section 130. 117.05 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,45,19 117.05 (1) Appeal panels. The secretary state superintendent 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.

AB1102, s. 131 Section 131. 117.05 (1m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,45,25 117.05 (1m) Board and appeal panel meetings. The secretary state superintendent 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.

AB1102, s. 132 Section 132. 117.05 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,46,10 117.05 (2) (a) Board. The secretary state superintendent 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 secretary state superintendent 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.

AB1102, s. 133 Section 133. 117.05 (10) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,46,17 117.05 (10) (title) Secretary State superintendent to advise. The secretary state superintendent shall advise and consult with school boards regarding school district organization and reorganization. If, in the secretary's state superintendent's opinion, one or more school districts should be altered, consolidated or dissolved, he or she may make recommendations to the school boards.

AB1102, s. 134 Section 134. 118.01 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,47,5 118.01 (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).

AB1102, s. 135 Section 135. 118.165 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,47,11 118.165 (2) An institution may request the department state superintendent to approve the institution's educational program as a private school. The department state superintendent shall base its his or her approval solely on the criteria under sub. (1).

AB1102, s. 136 Section 136. 118.167 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,47,23 118.167 (title) Private school determination by department state superintendent. If an association that regulates or accredits private educational institutions in this state submits an affidavit to the department state superintendent attesting that the institution meets or exceeds all of the criteria under s. 118.165 and the department state superintendent finds that the institution does meet or exceed all of the criteria under s. 118.165, the department state superintendent shall determine that the institution is a private school. If at any time the department state superintendent finds that an institution determined to be a private school under this section no longer meets the criteria under s. 118.165, the department state superintendent may withdraw the determination.

AB1102, s. 137 Section 137. 118.192 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB1102, s. 138 Section 138. 118.20 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,48,8 118.20 (2) The department state superintendent or a person designated by the state superintendent may receive and investigate complaints charging discrimination in employment, assignment or reassignment of teachers or administrative personnel in the public schools and the department state superintendent or designee may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.

AB1102, s. 139 Section 139. 118.20 (4) to (7) of the statutes, as affected by 1995 Wisconsin Act 27, are amended to read:

AB1102,48,22 118.20 (4) After hearing, if the department state superintendent finds that the respondent has engaged in discrimination prohibited by this section the department state superintendent 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 department state superintendent finds that the respondent has not engaged in the alleged discrimination, the department state superintendent shall serve a certified copy of the department's state superintendent's findings on the complainant together with an order dismissing the complaint.

AB1102,49,5 (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 department state superintendent 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 department state superintendent under this section shall be subject to judicial review under ch. 227.

AB1102,49,10 (6) Upon request of the department state superintendent, 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 department state superintendent, all necessary actions or proceedings for the enforcement of this section and for the punishment of all violations thereof.

AB1102,49,13 (7) In administering this section the department state superintendent shall have authority to make, amend and rescind rules necessary to carry out the purposes of this section.

AB1102, s. 140 Section 140. 118.243 of the statutes is created to read:

AB1102,49,18 118.243 Property tax and state school aids notification. Each school district shall notify each owner of taxable property in the district, no later than 10 days before the district certifies its levy, on a form that the department of revenue prescribes, of all of the following:

AB1102,49,20 (1) Information concerning the amount of the school district's prior year's property tax levy and property tax rate.

AB1102,49,22 (2) Information concerning the proposed changes for the current year in the amount of the school district's property tax levy and property tax rate.

AB1102,49,25 (3) The proposed change, expressed in both a dollar amount and a percentage, from the previous year to the current year in the school district's property tax levy and property tax rate.

AB1102,50,3 (4) The change, expressed in both a dollar amount and a percentage, from the previous school year to the current school year in the state school aid that the school district received.

AB1102, s. 141 Section 141. 118.255 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,50,9 118.255 (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, and at such other times as the department directs, such information as the department requires.

AB1102, s. 142 Section 142. 118.255 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,50,23 118.255 (4) If the department state superintendent is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law, the department state superintendent 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.

AB1102, s. 143 Section 143. 118.37 (3) (b) and (3m) (b) of the statutes, as affected by 1995 Wisconsin Act 27, are amended to read:

AB1102,51,15 118.37 (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 department state superintendent 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 department state superintendent within 30 days after the decision. The department's state superintendent's decision shall be final and is not subject to review under subch. III of ch. 227.

AB1102,51,18 (3m) (b) The department state superintendent may waive the requirement under par. (a) if the department he or she determines that the requirement would impose too great a cost because of the lack of equipment or space.

AB1102, s. 144 Section 144. 118.38 (2m) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB1102, s. 145 Section 145. 118.38 (3) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB1102,52,3 118.38 (3) A waiver is effective for 4 years. The secretary department 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 department is not required to renew a waiver if the secretary department determines that the school district is not making adequate progress toward improving pupil academic performance.

AB1102, s. 146 Section 146. 119.04 (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,52,6 119.04 (title) Education Public instruction laws applicable.

AB1102, s. 147 Section 147. 119.04 (1) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB1102,52,15 119.04 (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, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.40, 115.45, 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), 118.243, 118.245, 118.255, 118.258, 118.30 to 118.43, 120.12 (5) and (15) to (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.

AB1102, s. 148 Section 148. 119.28 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,52,20 119.28 (5) Any action under subs. (3) and (4) shall be subject to the direction of the department state superintendent and the division for learning support, equity and advocacy in the department as provided by law.

AB1102, s. 149 Section 149. 120.17 (8) (bm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,53,6 120.17 (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 department state superintendent 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 for the last 2 school years.

AB1102, s. 150 Section 150. 121.006 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,53,12 121.006 (1) (a) The department state superintendent 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 department's state superintendent's approval.

AB1102, s. 151 Section 151. 121.06 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,53,19 121.06 (1) Annually on or before October 1, the full value of the taxable property in each part of each city, village and town in each school district shall be determined by the department of revenue according to its best judgment from all sources of information available to it and shall be certified by the department of revenue to the department state superintendent.

AB1102, s. 152 Section 152. 121.135 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read: