AB150: Bill Text

AB150, s. 3912 Section 3912. 115.995 of the statutes is renumbered 115.995 (1).

AB150, s. 3913 Section 3913. 115.995 (2) of the statutes is created to read:

AB150,1371,2 115.995 (2) Notwithstanding sub. (1), beginning in the 1996-97 school year the department shall certify to the department of revenue and the percentage shall be determined by dividing the amount in the appropriation under s. 20.835 (7) (cc) in the current school year by the total amount of aidable costs in the previous school year.

AB150, s. 3914 Section 3914. 116.01 of the statutes is amended to read:

AB150,1371,15 116.01 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, and between school districts and technical college districts. Cooperative educational service agencies may provide leadership and coordination services for school districts and other agencies, including but not limited to 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.

AB150, s. 3915 Section 3915. 116.02 (1) (a) and (c) of the statutes are amended to read:

AB150,1372,14 116.02 (1) (a) Each agency shall be governed by a board of control composed of members of school boards of school districts within the agency, one member of the district board of each technical college district that is located in the agency and a representative of each University of Wisconsin System institution and center that is located in 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 selecting the composition school board members 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 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. No annual organizational meeting may be held prior to 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 school district within the agency and the state superintendent.

AB150,1373,7 (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 school board 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 school board 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 school districts operating both elementary and high school grades. The convention may direct the board of control to determine a different date for the annual organizational meeting.

AB150, s. 3916 Section 3916. 116.02 (1) (cm) of the statutes is created to read:

AB150,1373,11 116.02 (1) (cm) 1. The district board of each technical college district that is located in the agency shall appoint one of its members to the board of control for a 3-year term whenever a vacancy in that position on the board of control occurs.

AB150,1373,15 2. The chancellor of each University of Wisconsin System institution located in the agency shall appoint one member to represent that institution on the board of control for a 3-year term whenever a vacancy in that position on the board of control occurs.

AB150,1373,19 3. For each University of Wisconsin System center located in the agency, the chancellor of the centers shall appoint a member to represent that center on the board of control for a 3-year term whenever a vacancy in that position on the board of control occurs.

AB150, s. 3917 Section 3917. 116.03 (3) of the statutes is amended to read:

AB150,1374,9 116.03 (3) Approve service contracts with school districts, counties, other cooperative educational service agencies, school districts outside the agency, university of Wisconsin system institutions and centers and , technical college districts and other public and private entities, but the contracts shall not extend beyond 3 years. If the service covered by the contract is offered by the agency within which the recipient of service is located the contract shall be subject to approval by the board of control of the agency. If the contract is for instructional telecommunications services, the board of control shall report to the educational communications board the terms and conditions of the contract. The board of control of an agency which borders another state may contract to provide services to an educational agency in the other state, but no aid received under s. 116.08 may be used to provide such services. No board of control may use federal funds for any program which provides services outside this state without the approval of the state superintendent.

AB150, s. 3918 Section 3918. 116.03 (4) of the statutes is amended to read:

AB150,1374,18 116.03 (4) Determine each participating local unit's school district's prorated share of the cost of cooperative programs and assess the costs of each program against each unit school district participating in the program including, without limitation because of enumeration, unemployment compensation, litigation expense, collective bargaining and monetary awards by courts and agencies, but no board of control may levy any taxes. No cost may be assessed against a unit school district for a cooperative program unless the unit school district enters into a contract for the service.

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

AB150,1374,24 116.03 (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, s. 3920 Section 3920. 116.03 (11) of the statutes is amended to read:

AB150,1375,5 116.03 (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, s. 3921 Section 3921. 116.03 (13) of the statutes is amended to read:

AB150,1375,9 116.03 (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, s. 3922 Section 3922. 116.06 of the statutes is repealed.

AB150, s. 3923 Section 3923. 116.065 (3) of the statutes is amended to read:

AB150,1375,14 116.065 (3) A school district that has withdrawn from the agency described under sub. (1) may rejoin the join any agency in which it is located. The procedures under subs. (1) and (2) apply to readmissions.

AB150, s. 3924 Section 3924. 116.07 (2) of the statutes is amended to read:

AB150,1375,20 116.07 (2) Upon completion of a plan of consolidation, the affected boards of control shall give 30 days' notice in writing to those school boards and technical college district boards affected of a public hearing on the proposed consolidation. Notice of such hearing also shall be published as a class 2 notice, under ch. 985, the last insertion to be at least 20 days prior to the date of the hearing.

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

AB150,1375,23 116.09 State and federal grants. The board of control may apply for state and federal grants for the agency and on behalf of school districts.

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

AB150,1376,2 117.03 (2) "Appeal panel" means a panel appointed by the state superintendent secretary under s. 117.05 (1).

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

AB150,1376,8 117.05 (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, s. 3928 Section 3928. 117.05 (1m) of the statutes is amended to read:

AB150,1376,13 117.05 (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, s. 3929 Section 3929. 117.05 (2) (a) of the statutes is amended to read:

AB150,1376,22 117.05 (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, s. 3930 Section 3930. 117.05 (10) of the statutes is amended to read:

AB150,1377,3 117.05 (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, s. 3931 Section 3931. 118.001 of the statutes is created to read:

AB150,1377,9 118.001 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, s. 3932 Section 3932. Subchapter I (title) of chapter 118 [precedes 118.01] of the statutes is created to read:

AB150,1377,12 Chapter 118

AB150,1377,14 Subchapter I General school operations

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

AB150,1378,2 118.01 (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, s. 3934 Section 3934. 118.013 (3) (a) of the statutes is amended to read:

AB150,1378,20 118.013 (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 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, s. 3935 Section 3935. 118.015 (2) of the statutes is repealed.

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

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

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

AB150,1379,7 118.07 (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, s. 3939 Section 3939. 118.125 (2) (i) of the statutes is amended to read:

AB150,1379,17 118.125 (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, s. 3940 Section 3940. 118.125 (3) of the statutes is amended to read:

AB150,1380,5 118.125 (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, s. 3941 Section 3941. 118.15 (1) (a) of the statutes is amended to read:

AB150,1380,13 118.15 (1) (a) Except as provided under pars. (b) to (d) and sub. (4), unless the child is excused under sub. (3) or has graduated from high school, any person having under control a child who is between the ages of 6 and 18 17 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 17 years of age.

AB150, s. 3942 Section 3942. 118.15 (1) (c) 2. of the statutes is amended to read:

AB150,1380,20 118.15 (1) (c) 2. Upon the child's request and with the written approval of the child's parent or guardian, of any child who is 17 years of age or over may be excused by, the school board from regular school attendance if the child and his or her parent or guardian agree, in writing, that the child will may allow the child to participate in a program or curriculum modification under par. (d) leading to the child's high school graduation or leading to a high school equivalency diploma under s. 115.29 (4).

AB150, s. 3943 Section 3943. 118.15 (1) (c) 3. of the statutes is amended to read:

AB150,1381,12 118.15 (1) (c) 3. Prior to a child's admission to a program leading to the child's high school graduation or a high school equivalency program under par. (b) or subd. 1. or 2., the child, his or her parent or guardian, the school board and a representative of the high school equivalency program or program leading to the child's high school graduation shall enter into a written agreement. If the child is 16 years of age, his or her parent or guardian shall also enter into the agreement. The written agreement shall state the services to be provided, the time period needed to complete the high school equivalency program or program leading to the child's high school graduation and how the performance of the pupil will be monitored. The agreement shall be monitored by the school board on a regular basis, but in no case shall the agreement be monitored less frequently than once per semester. If the school board determines that a child is not complying with the agreement, the school board shall notify the child, his or her parent or guardian and the high school equivalency program or program leading to the child's high school graduation that the agreement may be modified or suspended in 30 days. If the child is 16 years of age, the school board shall also notify the child's parent or guardian.

AB150, s. 3944 Section 3944. 118.15 (1) (cm) of the statutes is repealed.

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

AB150,1381,16 118.15 (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, s. 3946 Section 3946. 118.153 (4) (b) of the statutes is amended to read:

AB150,1381,24 118.153 (4) (b) Upon receipt of a school board's annual report under par. (a) the state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. ss. 20.255 (2) (ac) and 20.835 (7) (ac) in the previous school year.

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

AB150,1382,6 118.16 (4) (e) 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. If the board of school directors operating a school district under ch. 119 establishes one or more youth service centers, the board shall contract with the Boys and Girls Clubs of Greater Milwaukee for the operation of the centers.

AB150, s. 3948 Section 3948. 118.163 (2m) of the statutes is amended to read:

AB150,1382,15 118.163 (2m) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege, as defined in s. 340.01 (40), of a child who is at least 16 years of age but less than 18 years of age and is a dropout. The ordinance shall provide that the court may suspend the child's operating privilege, as defined in s. 340.01 (40), until the child reaches the age of 18 17. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with a notice stating the reason for and the duration of the suspension.

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

AB150,1382,20 118.165 (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, s. 3950 Section 3950. 118.167 of the statutes is amended to read:

AB150,1383,6 118.167 (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, s. 3951 Section 3951. 118.17 of the statutes is amended to read:

AB150,1383,13 118.17 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, s. 3952 Section 3952 . 118.192 (5) of the statutes is repealed.

AB150, s. 3953 Section 3953. 118.195 (1) of the statutes is amended to read:

AB150,1383,20 118.195 (1) No person otherwise qualified may be denied a certificate or license from the state superintendent under s. 118.19 (1) because the person is totally or partially blind, deaf or physically handicapped nor may any school district refuse to employ or contract with a teacher on such grounds, if such handicapped teacher is able to carry out the duties of the position which the person seeks.

AB150, s. 3954 Section 3954. 118.20 (1) and (2) of the statutes are amended to read:

AB150,1384,5 118.20 (1) No discrimination because of sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), race, nationality or political or religious affiliation may be practiced in the employment of or contracting with teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), race, nationality or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employes or by teachers agencies or placement bureaus.

AB150,1384,11 (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 or contracting with 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, s. 3955 Section 3955. 118.20 (4) to (7) of the statutes are amended to read:

AB150,1384,24 118.20 (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.

AB150,1385,9 (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