AB150: Bill Text

AB150, s. 4003 Section 4003. 119.23 (2) (b) of the statutes is repealed and recreated to read:

AB150,1407,11 119.23 (2) (b) In the 1996-97 school year, no more than 3,500 pupils may participate in the program under this section. In the 1997-98 school year, no more than 5,500 pupils may participate in the program under this section. If in any school year there are more spaces available in the participating private schools than the maximum number of pupils allowed to participate, the department shall prorate the number of spaces available at each participating private school.

AB150, s. 4004 Section 4004. 119.23 (3) of the statutes is renumbered 119.23 (3) (a).

AB150, s. 4005 Section 4005. 119.23 (3) (b) of the statutes is created to read:

AB150,1407,16 119.23 (3) (b) If the private school rejects an applicant because it has too few available spaces, the pupil may transfer his or her application to a participating private school that has space available.

AB150, s. 4006 Section 4006. 119.23 (4) of the statutes is renumbered 119.23 (4) (a) and amended to read:

AB150,1407,24 119.23 (4) (a) Upon In the 1995-96 school year, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school, the state superintendent shall pay to the private school, from the appropriation under s. 20.255 (2) (fu), an amount equal to the total amount to which the school district is entitled under s. 121.08 divided by the school district membership paid per pupil under this section in the 1994-95 school year.

AB150,1408,2 (c) The state superintendent shall pay 25% of the total amount in September, 25% in November, 25% in February and 25% in May.

AB150, s. 4007 Section 4007. 119.23 (4) (b) of the statutes is created to read:

AB150,1408,12 119.23 (4) (b) Beginning in the 1996-97 school year, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school, the department shall pay to the parent or guardian, from the appropriation under s. 20.225 (2) (fu), the amount paid per pupil under this section in the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0306 expressed as a decimal, or an amount equal to the private school's operating cost per pupil, as determined by the department, whichever is less. The department shall send the check to the private school. The parent or guardian shall restrictively endorse the check for the use of the private school.

AB150, s. 4008 Section 4008. 119.23 (5) (am) of the statutes is created to read:

AB150,1408,16 119.23 (5) (am) Beginning in the 1996-97 school year, ensure that the aid reduction under par. (a) is accomplished by first reducing aid paid to the board under s. 121.85 (6).

AB150, s. 4009 Section 4009. 119.23 (10) of the statutes is repealed.

AB150, s. 4010 Section 4010. 119.235 of the statutes is created to read:

AB150,1408,25 119.235 Contracts with private schools and agencies. (1) The board may contract with any nonprofit, private school or agency located in the city to provide educational programs to pupils enrolled in the school district operating under this chapter. The board shall ensure that each private school or agency under contract with the board complies with ss. 118.125 and 118.13, 20 USC 1232g, 20 USC 1681 to 1688, 20 USC 3171 to 3197, 29 USC 794, 42 USC 2000d and 42 USC 6101 to 6107, and all health and safety laws and rules that apply to public schools.

AB150,1409,2 (2) Each private school or agency under contract with the board shall do all of the following:

AB150,1409,3 (a) Offer a full school year educational program.

AB150,1409,4 (b) Participate in the board's parent information program.

AB150,1409,6 (c) Offer diverse opportunities for parents to participate in the school's programs.

AB150,1409,7 (d) Meet insurance and financial requirements established by the board.

AB150,1409,9 (e) Develop a pupil recruitment and enrollment plan that incorporates all of the following:

AB150,1409,10 1. A good faith effort to achieve racial balance.

AB150,1409,12 2. A pupil selection process that gives preference to the siblings of enrolled pupils and that gives no other preferences except those approved by the board.

AB150,1409,14 3. A statement describing how the plan will serve the needs of low-academic achievers and pupils from low-income families.

AB150,1409,15 (f) Report to the board any information requested by the board.

AB150,1409,18 (3) Any pupil enrolled in the school district operating under this chapter may attend, at no charge, any private school or agency with which the board has contracted under sub. (1) if space is available in the private school or agency.

AB150,1409,22 (4) The board shall establish appropriate, quantifiable performance standards for pupils at each private school or agency with which it contracts in such areas as attendance, reading achievement, pupil retention, pupil promotion, parent surveys, credits earned and grade point average.

AB150,1410,2 (5) Annually, the board shall monitor the performance of the program under this section. The board may use the results of standardized basic educational skills tests to do so. The board shall include a summary of its findings in its annual report to the state superintendent under s. 119.44.

AB150, s. 4011 Section 4011. 119.24 of the statutes is amended to read:

AB150,1410,9 119.24 Admission of pupils. Each Subject to s. 118.51 (1) (c), each school under the jurisdiction of the board shall be open to pupils residing within the attendance district established for that school under s. 119.16 (2). A pupil residing in any such attendance district may attend a school in another attendance district with the written permission of the superintendent of schools or as provided in s. 118.53.

AB150, s. 4012 Section 4012. 119.28 (5) of the statutes is amended to read:

AB150,1410,13 119.28 (5) Any action under subs. (3) and (4) shall be subject to the direction of the state superintendent department and the division for learning support, equity and advocacy in the department of public instruction as provided by law.

AB150, s. 4013 Section 4013. 119.32 (title) of the statutes is amended to read:

AB150,1410,15 119.32 (title) Superintendent of schools ; business manager.

AB150, s. 4014 Section 4014. 119.32 (1) of the statutes is amended to read:

AB150,1410,21 119.32 (1) The board shall elect by roll call vote at a regular meeting a superintendent of schools whenever that office becomes vacant. The superintendent of schools shall be a person of suitable learning and experience in the art of instruction and shall have practical familiarity with the most approved methods of organizing and conducting a system of schools.

AB150,1410,24 (7) Notwithstanding ss. 115.28 (7), 118.19 (1) and 121.02 (1) (a), prior to July 1, 1999, the board may elect a superintendent of schools, and may employ a business manager, who is are not licensed or certified by the department.

AB150, s. 4015 Section 4015. 119.42 (3) of the statutes is created to read:

AB150,1411,4 119.42 (3) This section does not apply after the effective date of this subsection .... [revisor inserts date]. Any person whose employment is permanent under this section on that date, shall retain all of the rights and privileges of such permanent employment after that date.

AB150, s. 4016 Section 4016. 119.44 (2) (a) 1. a. of the statutes is amended to read:

AB150,1411,6 119.44 (2) (a) 1. a. Attending a technical college under s. 118.15 (1) (b) or (cm).

AB150, s. 4017 Section 4017. 119.44 (4) of the statutes is created to read:

AB150,1411,9 119.44 (4) Beginning in the 1996-97 school year, the board shall also file the reports under subs. (1) and (2) with the department of revenue.

AB150, s. 4018 Section 4018. 119.72 (2) (b) of the statutes is amended to read:

AB150,1411,12 119.72 (2) (b) Children with a parent in need of child care services funded under s. 46.40 (3) (a) (1) and (2m) (c).

AB150, s. 4019 Section 4019. 119.80 (1) of the statutes is amended to read:

AB150,1411,16 119.80 (1) The board shall submit to the governor for his or her approval a proposal for the expenditure of the funds in the appropriation under s. 20.255 (2) (ec) in the 1993-94 1995-96 school year. The governor may modify the plan.

AB150, s. 4020 Section 4020. 119.80 (2) (a) of the statutes is amended to read:

AB150,1411,24 119.80 (2) (a) By January 1, 1994 1996, and annually thereafter by January 1, the governor and the state superintendent shall submit to the joint committee on finance and to the appropriate standing committees of the legislature under s. 13.172 (3) a joint proposal for the expenditure of the funds in the appropriation under s. 20.255 (2) (ec) in the 1994-95 following school year. Within 30 days after receiving the proposal, each such standing committee may submit written recommendations on the proposal to the joint committee on finance.

AB150, s. 4021 Section 4021. 119.82 (1) (a) 3. of the statutes is amended to read:

AB150,1412,3 119.82 (1) (a) 3. Has been or is being sanctioned under s. 49.50 (7) (h) 49.26 (1) (h) or is subject to the monthly attendance requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code.

AB150, s. 4022 Section 4022. 119.84 of the statutes is amended to read:

AB150,1412,10 119.84 Professional development. Annually, the state superintendent shall pay the amount appropriated in that fiscal year under s. 20.255 (2) (dc) to the board. The board shall use 67% of the funds to provide a mentor teacher program for inexperienced teachers and a peer coaching program for experienced teachers. The board shall use the balance of the funds for school administrator assessment and professional staff development activities.

AB150, s. 4023 Section 4023. 120.12 (17) of the statutes is amended to read:

AB150,1412,16 120.12 (17) University of Wisconsin system tuition. Pay the tuition of any pupil enrolled in the school district and attending a center or institution within the university of Wisconsin system if the pupil is not participating in the program under s. 118.37 118.55, the course the pupil is attending at the university is not offered in the school district and the pupil will receive high school credit for the course.

AB150, s. 4024 Section 4024. 120.13 (intro.) of the statutes is amended to read:

AB150,1412,21 120.13 School board powers. (intro.) The school board of a common or union high school district may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils, and including all of the following:

AB150, s. 4025 Section 4025. 120.13 (1) (b) of the statutes is amended to read:

AB150,1414,5 120.13 (1) (b) The school district administrator or any principal or teacher designated by the school district administrator also may make rules, with the consent of the school board, and may suspend a pupil for not more than 3 school days or, if a notice of expulsion hearing has been sent under par. (c) or (e) or s. 119.25, for not more than a total of 15 consecutive school days for noncompliance with such rules or school board rules, or for knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or for conduct by the pupil while at school or while under the supervision of a school authority which endangers the property, health or safety of others, or for conduct while not at school or while not under the supervision of a school authority which endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled, or for conduct while going to or coming from school that endangers the property, health or safety of others. Prior to any suspension, the pupil shall be advised of the reason for the proposed suspension. The pupil may be suspended if it is determined that the pupil is guilty of noncompliance with such rule, or of the conduct charged, and that the pupil's suspension is reasonably justified. The parent or guardian of a suspended minor pupil shall be given prompt notice of the suspension and the reason for the suspension. The suspended pupil or the pupil's parent or guardian may, within 5 school days following the commencement of the suspension, have a conference with the school district administrator or his or her designee who shall be someone other than a principal, administrator or teacher in the suspended pupil's school. If the school district administrator or his or her designee finds that the pupil was suspended unfairly or unjustly, or that the suspension was inappropriate, given the nature of the alleged offense, or that the pupil suffered undue consequences or penalties as a result of the suspension, reference to the suspension on the pupil's school record shall be expunged. Such finding shall be made within 15 days of the conference. A pupil suspended under this paragraph shall not be denied the opportunity to take any quarterly, semester or grading period examinations or to complete course work missed during the suspension period, as provided in the attendance policy established under s. 118.16 (4) (a).

AB150, s. 4026 Section 4026. 120.13 (1) (c) of the statutes is amended to read:

AB150,1415,14 120.13 (1) (c) The school board may expel a pupil from school whenever it finds the pupil guilty of repeated refusal or neglect to obey the rules, or finds that a pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or finds that the pupil engaged in conduct while at school or while under the supervision of a school authority which endangered the property, health or safety of others, or finds that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which endangered the property, health or safety of others at school or under the supervision of a school authority or endangered the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled, or finds that a pupil while going to or coming from school engaged in conduct that endangered the property, health or safety of others, and is satisfied that the interest of the school demands the pupil's expulsion. Prior to such expulsion, the school board shall hold a hearing. Not less than 5 days' written notice of the hearing shall be sent to the pupil and, if the pupil is a minor, to the pupil's parent or guardian, specifying the particulars of the alleged refusal, neglect or conduct, stating the time and place of the hearing and stating that the hearing may result in the pupil's expulsion. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian may be represented at the hearing by counsel. The school board shall keep written minutes of the hearing. Upon the ordering by the school board of the expulsion of a pupil, the school district clerk shall mail a copy of the order to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the expulsion to the state superintendent. If the school board's decision is appealed to the state superintendent, within 60 days after the date on which the state superintendent receives the appeal, the state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the school board shall be enforced while the state superintendent reviews the decision. An appeal from the decision of the state superintendent may be taken within 30 days to the circuit court of the county in which the school is located. This paragraph shall be printed in full on the face or back of the notice.

AB150, s. 4027 Section 4027. 120.13 (26) of the statutes is repealed and recreated to read:

AB150,1415,23 120.13 (26) Contracts for teaching and other educational services. Contract in writing with any person for teaching or other educational services if the individual who will be providing the services is appropriately licensed by the state superintendent under s. 115.28 (7) and the person entering into the contract files a copy of the individual's license with the school board. The contract may be for any term not exceeding 3 years. Except as provided in s. 118.25 (1), an individual who provides services under such a contract is not a school district employe for any purpose, including the purposes of ss. 118.21, 118.22 and 118.23.

AB150, s. 4028 Section 4028. 120.13 (36) of the statutes is created to read:

AB150,1416,4 120.13 (36) Distance education. Undertake a distance education project, either individually or in association with one or more school boards, technical college district boards and University of Wisconsin System institutions or centers. In this subsection, "distance education" has the meaning given in s. 16.97 (4m).

AB150, s. 4029 Section 4029. 120.17 (8) (bm) of the statutes is amended to read:

AB150,1416,15 120.17 (8) (bm) If the equalized valuation of that part of a municipality lying within a school district is reduced due to the removal of property from the tax roll because the imposition of the property tax on that property is found unconstitutional, the school district clerk shall notify the supervisor of equalization. The supervisor of equalization shall reduce the equalized valuation by the full value of the property so removed and certify the resulting equalized valuation to the state superintendent department and the school district clerk for use in computing the tax levy certifications under this subsection. Corrections may be made under this paragraph only for the valuations used by the department of public instruction for the last 2 school years.

AB150, s. 4030 Section 4030. 120.18 (2) of the statutes is created to read:

AB150,1416,18 120.18 (2) Beginning in the 1996-97 school year, the school district clerk shall also file the report under sub. (1) with the department of revenue.

AB150, s. 4031 Section 4031. 121.006 (1) (a) of the statutes is amended to read:

AB150,1416,23 121.006 (1) (a) The state superintendent department may withhold state aid from any school district in which the scope and character of the work are not maintained in such manner as to meet the state superintendent's department's approval.

AB150, s. 4032 Section 4032. 121.006 (1) (c) of the statutes is created to read:

AB150,1417,3 121.006 (1) (c) Notwithstanding par. (a), beginning in the 1996-97 school year, the department may direct the department of revenue to withhold state aid under par. (a).

AB150, s. 4033 Section 4033. 121.006 (2) (b) of the statutes is amended to read:

AB150,1417,6 121.006 (2) (b) Employ or contract under s. 120.13 (26) for teachers qualified under s. 118.19.

AB150, s. 4034 Section 4034. 121.007 of the statutes is amended to read:

AB150,1417,14 121.007 Use of state aid; exemption from execution. All moneys paid to a school district under s. ss. 20.255 (2) (ac), (bc), (bm), (cg) and (cr) and 20.835 (7) (ac), (cg) and (cr) shall be used by the school district solely for the purposes for which paid. Such moneys are exempt from execution, attachment, garnishment or other process in favor of creditors, except as to claims for salaries or wages of teachers and other school employes and as to claims for school materials, supplies, fuel and current repairs.

AB150, s. 4035 Section 4035. 121.02 (1) (i) of the statutes is amended to read:

AB150,1417,20 121.02 (1) (i) Provide safe and healthful facilities. The school board shall ensure that facilities, school-related events and school-related transportation are provided in a manner that is completely safe for both pupils and adults. The facilities shall comply with ss. 254.11 to 254.178 and any rule promulgated under those sections.

AB150, s. 4036 Section 4036. 121.02 (1) (m) of the statutes is amended to read:

AB150,1418,3 121.02 (1) (m) Provide access to an education for employment program approved by the state superintendent. Beginning in the 1997-98 school year, the program shall incorporate applied curricula; guidance and counseling services under par. (e); technical preparation under s. 118.34; college preparation; youth apprenticeship under s. 101.265 106.13 or other job training and work experience; and instruction in skills relating to employment. The state superintendent shall assist school boards in complying with this paragraph.

****Note: This is reconciled s. 121.02 (1) (m). This Section has been affected by drafts with the following LRB numbers: 2243/2 and 2298/5.

AB150, s. 4037 Section 4037. 121.02 (1) (s) of the statutes is amended to read:

AB150,1418,8 121.02 (1) (s) Beginning in the 1993-94 school year, administer the examinations required by the state superintendent under s. 118.30. A school board may administer additional examinations only if they are aligned with the school district's curriculum.

AB150, s. 4038 Section 4038. 121.02 (2) of the statutes is amended to read:

AB150,1418,19 121.02 (2) In order to ensure compliance with the standards under sub. (1), the state superintendent department shall annually conduct a general on-site audit of at least 10% of all school districts, selected by means of a stratified, random sample. The state superintendent shall audit each school district at least once every 10 years but may not audit a school district more than once every 6 years. The state superintendent shall ensure that the audit process involves school board members, school district administrators, teachers, pupils, parents of pupils and other residents of the school district. Nothing in this subsection prohibits the state superintendent from conducting an inquiry into compliance with the standards upon receipt of a complaint and may, on its own initiative, conduct an audit of a school district.

AB150, s. 4039 Section 4039. 121.02 (3) of the statutes is renumbered 121.02 (3) (a).

AB150, s. 4040 Section 4040. 121.02 (3) (b) of the statutes is created to read:

AB150,1419,3 121.02 (3) (b) Notwithstanding par. (a), beginning in the 1996-97 school year, the department shall direct the department of revenue to withhold state aid under par. (a).