AB150: Bill Text

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

AB150,1385,14 (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.

AB150,1385,17 (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.

AB150, s. 3956 Section 3956. 118.23 (6) of the statutes is created to read:

AB150,1385,22 118.23 (6) This section does not apply after the effective date of this subsection .... [revisor inserts date]. Any person whose employment is permanent under sub. (3) on that date, shall retain all of the rights and privileges of such permanent employment after that date.

AB150, s. 3957 Section 3957. 118.24 (1) of the statutes is amended to read:

AB150,1386,2 118.24 (1) A school board may employ a school district administrator, a business manager and school principals and assistants to such persons. The term of each initial employment contract shall expire on June 30 of an odd-numbered year and may not exceed be for a term of at least 2 years.

AB150, s. 3958 Section 3958. 118.24 (2) (e) of the statutes is amended to read:

AB150,1386,11 118.24 (2) (e) The school district administrator shall attend annually one convention called by the state superintendent department for the purpose of consultation upon matters pertaining to the supervision and management of the schools. The administrator shall be reimbursed for actual and necessary expenses incurred for travel, board and lodging because of attendance at such convention. Bills for such expenses shall be audited and allowed by the school board upon presentation of an itemized statement of expense accompanied by a certificate of attendance signed by the state superintendent secretary.

AB150, s. 3959 Section 3959. 118.24 (6) of the statutes is amended to read:

AB150,1387,2 118.24 (6) The employment contract of any person described under sub. (1) shall be in writing and filed with the school district clerk. At least 4 months prior to the expiration of the employment contract, the employing school board shall give notice in writing of either renewal of the contract or of refusal to renew such person's contract. If no such notice is given, the contract then in force shall continue in force for a term that expires on June 30 of an odd-numbered year and that does not exceed 2 years. Any such person who receives notice of renewal or who does not receive notice of renewal or refusal to renew the person's contract at least 4 months before the contract expiration shall accept or reject the contract in writing on or before a date 3 months prior to the contract expiration. No such person may be employed or dismissed except by a majority vote of the full membership of the school board. Nothing in this section prevents the modification or termination of an employment contract by mutual agreement of the parties. No school board may enter into a contract of employment with any such person for a period of time as to which such person is then under a contract of employment with another school board.

AB150, s. 3960 Section 3960. 118.24 (8) of the statutes is amended to read:

AB150,1387,10 118.24 (8) Personnel administrators and supervisors, curriculum administrators and assistants to such administrative personnel, when employed by the school board of any school district to perform administrative duties only, may be initially employed for a term that expires on June 30 of an odd-numbered year and that does not exceed of at least 2 years. The term shall coincide with the state fiscal biennium. Subsections (5) to (7) are applicable to such persons when they are employed to perform administrative duties only.

AB150, s. 3961 Section 3961. 118.245 (1) of the statutes is amended to read:

AB150,1387,12 118.245 (1) In this section, "professional:

AB150,1387,16 (a) "Nonrepresented professional employe" means a school district employe who holds a license issued by the state superintendent under s. 115.28 (7), whose employment requires that license, and who is not included in a collective bargaining unit for which a representative is recognized or certified under subch. IV of ch. 111.

AB150, s. 3962 Section 3962. 118.245 (1) (b) of the statutes is created to read:

AB150,1387,19 118.245 (1) (b) "Represented professional employe" has the meaning given for "school district professional employe" in s. 111.70 (1) (ne).

AB150, s. 3963 Section 3963. 118.245 (2) of the statutes is amended to read:

AB150,1388,2 118.245 (2) Each school district shall maintain for each of its nonrepresented professional employes during the period beginning on August 12, 1993, and ending on June 30, 1996, at least the same percentage contribution provided by the school district to the employes' existing fringe benefit costs, and shall maintain all existing fringe benefits provided to the employes during each 12-month period ending on June 30, as such contributions and benefits existed on March 31 preceding that 12-month period.

AB150, s. 3964 Section 3964. 118.245 (3) of the statutes is renumbered 118.245 (3) (a) and amended to read:

AB150,1388,15 118.245 (3) (a) No Except as provided in par. (b), no school district may grant to its nonrepresented professional employes for any 12-month period ending on June 30 an average increase for all such employes in compensation during the period beginning on August 12, 1993 the effective date of this subsection .... [revisor inserts date], and ending on June 30, 1996, having an average cost per employe exceeding 2.1% of the highest average total percentage increased cost per employe of compensation and fringe benefits provided by the school district to its represented professional employes for any 12-month period ending on June 30 in any collective bargaining unit during either of the 2 most recent 12-month periods ending on June 30 preceding the date that the increase becomes effective, including any increase due to a promotion or the attainment of increased professional qualifications, unless.

AB150,1389,8 (b) If the increased cost required to maintain the percentage contribution by the school district to the nonrepresented professional employes' existing fringe benefit costs and to maintain all existing fringe benefits provided to the employes under sub. (2) exceeds 1.7% of the average total cost per employe of compensation and fringe benefits provided by the school district to its nonrepresented professional employes for any such 12-month period, in which case the school district shall not grant to its professional those employes for any 12-month period ending on June 30 an average increase for all such employes in compensation during that the period beginning on the effective date of this subsection .... [revisor inserts date], and ending on June 30, 1996, having a total cost per employe exceeding an average of that percentage, if any, for each 12-month period ending on June 30, of the prorated portion of 2.1% of the that highest average total percentage increased cost per employe of compensation and fringe benefits provided by the school district to its represented professional employes under par. (a) that remains, if any, after the average increased cost of such maintenance exceeding 1.7% of the average total cost per employe of compensation and fringe benefits provided by the school district to its nonrepresented professional employes for each 12-month period is subtracted from the average increased cost of such a compensation increase.

AB150, s. 3965 Section 3965. 118.245 (3) (c) of the statutes is created to read:

AB150,1389,14 118.245 (3) (c) For purposes of this subsection, the average total percentage increased cost per employe of the compensation provided by a school district to its represented professional employes in any collective bargaining unit shall be determined in accordance with the method prescribed by the employment relations commission under s. 111.70 (4) (cm) 8s.

AB150, s. 3966 Section 3966. 118.245 (4) of the statutes is amended to read:

AB150,1389,20 118.245 (4) For purposes of determination of the increased cost of any fringe benefits or compensation provided to a nonrepresented professional employe or represented professional employe, any cost increase that is incurred on any day other than the beginning of a 12-month period under sub. (2) or (3) shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period.

AB150, s. 3967 Section 3967. 118.25 (1) of the statutes is amended to read:

AB150,1389,25 118.25 (1) In this section, "school employe" means a person employed by a school board, or under contract to a school board under s. 120.13 (26), who comes in contact with children or who handles or prepares food for children while they are under the supervision of school authorities.

AB150, s. 3968 Section 3968. 118.255 (3) of the statutes is amended to read:

AB150,1390,5 118.255 (3) The school board, cooperative educational service agency or county handicapped children's education board maintaining health treatment services shall report annually to the department of public instruction, and at such other times as the department directs, such information as the department requires.

AB150, s. 3969 Section 3969. 118.255 (4) of the statutes is amended to read:

AB150,1390,19 118.255 (4) If the state superintendent department is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law he or she, the department shall certify to the department of administration in favor of each school board, cooperative educational service agency and county handicapped children's education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in s. 115.88 (1) by the school board, cooperative educational service agency and county handicapped children's education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county handicapped children's education board as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB150, s. 3970 Section 3970. 118.255 (5) of the statutes is created to read:

AB150,1390,23 118.255 (5) Notwithstanding sub. (4), beginning in the 1996-97 school year the department shall certify to the department of revenue and aid shall be paid from the appropriation under s. 20.835 (7) (b).

AB150, s. 3971 Section 3971. 118.30 (1) (a) of the statutes is renumbered 118.30 (1) (intro.) and amended to read:

AB150,1391,5 118.30 (1) (intro.) The state superintendent shall adopt or approve examinations that are designed to measure pupil attainment of knowledge in the 4th, 8th and 10th grades and reimburse school districts for the costs of the examinations. Except as otherwise provided in this section, beginning in the 1993-94 school year, the school board shall administer do all of the following:

AB150,1391,8 (a) Administer the examinations 8th grade examination annually to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th and 10th grades grade.

AB150, s. 3972 Section 3972. 118.30 (1) (b) of the statutes is repealed and recreated to read:

AB150,1391,12 118.30 (1) (b) Administer the 10th grade examination annually to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade.

AB150, s. 3973 Section 3973. 118.30 (1) (c) of the statutes is created to read:

AB150,1391,16 118.30 (1) (c) Beginning in the 1996-97 school year, administer the 4th grade examination annually to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.

AB150, s. 3974 Section 3974. 118.30 (2) (b) 3. of the statutes is amended to read:

AB150,1391,24 118.30 (2) (b) 3. Annually, the school board shall notify the parent or guardian of each pupil enrolled in the 8th and 10th grades in the school district who is required to take an examination administered under this section, including pupils enrolled in charter schools located in the school district, that he or she may request the school board to excuse the pupil from taking an the examination administered under this section. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an the examination administered under this section.

AB150, s. 3975 Section 3975. 118.33 (3m) of the statutes is amended to read:

AB150,1392,5 118.33 (3m) A course taken at a technical college by a child attending the school part-time or in lieu of high school under s. 118.15 (1) (b), or attending the school under s. 118.15 (1) (cm), does not fulfill any of the high school graduation requirements under sub. (1) (a) unless the state superintendent has approved the course for that purpose.

AB150, s. 3976 Section 3976. 118.37 (title) of the statutes is renumbered 118.55 (title).

AB150, s. 3977 Section 3977. 118.37 (1) (title) of the statutes is repealed.

AB150, s. 3978 Section 3978. 118.37 (1) of the statutes is renumbered 118.50 (3) and amended to read:

AB150,1392,12 118.50 (3) In this section, "institution "Institution of higher education" means a center or institution within the university of Wisconsin system, a technical college or a private, nonprofit institution of higher education located in this state.

AB150, s. 3979 Section 3979. 118.37 (2) to (8) of the statutes are renumbered 118.55 (2) to (8), and 118.55 (3) (b), (3m) (b) and (7g), as renumbered, are amended to read:

AB150,1393,4 118.55 (3) (b) If the pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 and the number of high school credits to award the pupil for the course, if any. The state superintendent department shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the end of the semester in which it received the notice under par. (a). If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the state superintendent department within 30 days after the decision. The state superintendent's department's decision shall be final and is not subject to review under subch. III of ch. 227.

AB150,1393,7 (3m) (b) The state superintendent department may waive the requirement under par. (a) if he or she the department determines that the requirement would impose too great a cost because of the lack of equipment or space.

AB150,1393,18 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education under this section and is taking a course for high school credit that is not comparable to a course offered in the school district may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The state superintendent shall give preference under this subsection to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB150, s. 3980 Section 3980. 118.37 (9) of the statutes is repealed.

AB150, s. 3981 Section 3981. 118.38 of the statutes is created to read:

AB150,1393,25 118.38 Waivers of laws and rules. (1) (a) A school board may request the department to waive any school board or school district requirement in chs. 115 to 121 or in the administrative rules promulgated by the department under the authority of those chapters, except for statutes or rules related to any of the following:

AB150,1394,1 1. The health or safety of pupils.

AB150,1394,2 2. Pupil discrimination under s. 118.13.

AB150,1394,4 3. The pupil assessment program under s. 118.30 and the standardized reading test required under s. 121.02 (1) (r).

AB150,1394,5 4. Pupil records under s. 118.125.

AB150,1394,6 5. The collection of data by the department.

AB150,1394,8 6. The uniform financial fund accounting system under ss. 115.28 (13) and 115.30 (1) and audits of school district accounts under s. 120.14.

AB150,1394,9 7. Licensure or certification under s. 115.28 (7) or (7m).

AB150,1394,11 (b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.

AB150,1394,13 (2) In determining whether to grant the waiver, the department shall consider all of the following:

AB150,1394,15 (a) Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of P.L. 103-227.

AB150,1394,17 (b) Whether the school board has adopted educational goals for the school district.

AB150,1394,21 (3) A waiver is effective for 4 years. The department shall renew the waiver for additional 4-year periods, except that the department is not required to renew a waiver if department determines that the school district is not making adequate progress toward improving pupil academic performance.

AB150, s. 3982 Section 3982. 118.39 of the statutes is created to read:

AB150,1395,2 118.39 Performance recognition plans. (1) A school board may adopt a performance recognition plan that annually allocates at least 2% of its total payroll, excluding the cost of fringe benefits, for performance recognition awards to school district employes. The school board shall determine which categories of school district employes are eligible for such awards.

AB150,1395,4 (2) (a) If a school board adopts a performance recognition plan under this section, it shall establish all of the following committees:

AB150,1395,5 1. A committee to develop employe performance standards.

AB150,1395,8 2. A committee to develop a process to review employe performance, and to review and make recommendations regarding award recipients and the amount of each award.

AB150,1395,11 (b) The committees established under par. (a) shall be composed of an equal number of employes, school administrators, and parents or guardians of pupils enrolled in the school district, and shall be appointed or elected as follows:

AB150,1395,12 1. The school board shall appoint school administrators and parents.

AB150,1395,22 2. The school board shall afford the school district employes the opportunity to participate in an election of employe representatives. The department shall promulgate rules prescribing procedures for conducting such elections. If any portion of the employes is represented by a representative that is recognized or certified under subch. IV of ch. 111 to represent those employes, the school board shall, in lieu of permitting those employes to elect employe representatives, afford the representative the opportunity to appoint employe representatives. Appointed representatives shall be in the same proportion as the number of employes represented by the representative bears to the total number of school district employes.

AB150,1395,23 (3) Annually, the school board shall do all of the following:

AB150,1395,25 (a) Provide a copy of the employe performance standards developed by the committee under sub. (2) (a) 1. to each school district employe.