AB150: Bill Text

AB150, s. 4075 Section 4075. 121.15 (3) of the statutes is repealed.

AB150, s. 4076 Section 4076. 121.17 of the statutes is amended to read:

AB150,1425,22 121.17 Use of federal revenue sharing funds. It is the intent of the legislature that school districts receiving federal revenue sharing funds through the state under this subchapter shall utilize these funds in compliance with the federal revenue sharing requirements as defined in the state and local fiscal assistance act of 1972 (P.L. 92-512), as amended by P.L. 94-488. The department of public instruction shall assure compliance with this section.

AB150, s. 4077 Section 4077. 121.23 (2) (intro.) of the statutes is amended to read:

AB150,1426,3 121.23 (2) (intro.)  If a school district holds less than 180 days of school as the result of a strike by school district employes, for the purposes of computing general aid, the state superintendent shall compute the school district's primary and secondary ceiling cost costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the state superintendent shall:

AB150, s. 4078 Section 4078. 121.23 (3) of the statutes is created to read:

AB150,1426,6 121.23 (3) Notwithstanding sub. (2), beginning in the 1996-97 school year, the department of revenue shall perform the calculations under sub. (2).

AB150, s. 4079 Section 4079. 121.52 (4) of the statutes is amended to read:

AB150,1426,12 121.52 (4) The use of any motor vehicle to transport pupils shall be discontinued upon receipt of an order signed by the state superintendent secretary or the secretary of transportation ordering such discontinuance. Personnel under the state superintendent secretary or the secretary of transportation may ride any school bus at any time for the purpose of inspection.

AB150, s. 4080 Section 4080. 121.54 (10) of the statutes is created to read:

AB150,1426,16 121.54 (10) Interdistrict school choice. A school board may elect to provide transportation, including transportation to and from summer classes, for any of the following pupils:

AB150,1426,17 (a) Nonresident pupils accepted under s. 118.51 or 118.52.

AB150,1426,18 (b) Resident pupils attending another school district under s. 118.51 or 118.52.

AB150,1426,21 (c) Pupils attending a public school located within the pupil's school district of residence but outside the pupil's attendance area under s. 118.53 who are not required to be transported under this section.

AB150, s. 4081 Section 4081. 121.56 of the statutes is amended to read:

AB150,1427,7 121.56 School bus routes. The school board of each district shall make and be responsible for all necessary provisions for the transportation of pupils, including establishment, administration and scheduling of school bus routes. Upon the request of any school board, the state superintendent department shall provide advice and counsel on problems of school transportation. Any private school shall, upon the request of the public school officials, supply all necessary information and reports. The transportation of public and private school pupils shall be effectively coordinated to insure the safety and welfare of the pupils. Upon receipt of a signed order from the state superintendent secretary, the school board shall discontinue any route specified by the state superintendent secretary.

AB150, s. 4082 Section 4082. 121.58 (2) (a) of the statutes is amended to read:

AB150,1428,2 121.58 (2) (a) A school district which provides transportation to and from a school under ss. 121.54 (1) to (3), (5) and, (6) and (10) and 121.57 shall be paid state aid for such transportation at the rate of $30 per school year per pupil so transported whose residence is at least 2 miles and not more than 5 miles from the school attended, $45 per school year per pupil so transported whose residence is at least 5 miles and not more than 8 miles from the school attended, $60 per school year per pupil so transported whose residence is at least 8 miles and not more than 12 miles from the school attended, $68 per school year per pupil so transported whose residence is at least 12 miles and not more than 15 miles from the school attended, $75 per school year per pupil so transported whose residence is at least 15 miles and not more than 18 miles from the school attended, and $85 per school year per pupil so transported whose residence is more than 18 miles from the school attended. Such state aid shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5) and, (6) and (10) and 121.57 or which wilfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

AB150, s. 4083 Section 4083. 121.58 (4) of the statutes is amended to read:

AB150,1428,17 121.58 (4) State aid for summer class transportation. Annually on or before October 1 of the year in which transportation is provided under s. 121.54 (4) or (10), the school district clerk shall file with the department a report, containing such information as the department requires, on transportation provided by the school board to and from summer classes. Upon receipt of such report and if the summer classes meet the requirements of s. 121.14 (1), state aid shall be paid for such transportation. A school district which provides such transportation shall be paid state aid for such transportation at the rate of $4 per pupil transported to and from public school whose residence is at least 2 miles and not more than 5 miles by the nearest traveled route from the public school attended, and $6 per pupil transported to and from public school whose residence is more than 5 miles by the nearest traveled route from the public school attended, if the pupil is transported 30 days or more. The state aid shall be reduced proportionately if the pupil is transported less than 30 days.

AB150, s. 4084 Section 4084. 121.58 (5) of the statutes is amended to read:

AB150,1428,25 121.58 (5) (title) State superintendent Department approval. If the state superintendent department is satisfied that transportation or board and lodging was provided in compliance with law, the state superintendent department shall certify to the department of administration the sum due the school district. In case of differences concerning the character and sufficiency of the transportation or board and lodging, the state superintendent department may determine such matter and his or her decision thereon its decision is final.

AB150, s. 4085 Section 4085. 121.58 (6) of the statutes is amended to read:

AB150,1429,5 121.58 (6) Appropriation prorated. If the appropriation appropriations under s. ss. 20.255 (2) (cr) and 20.835 (7) (cr) in any one year is are insufficient to pay the full amount of approved claims under this section, state aid payments shall be prorated among the school districts entitled thereto.

AB150, s. 4086 Section 4086. 121.77 (1) of the statutes is amended to read:

AB150,1429,14 121.77 (1) Every elementary school and high school shall be free to all pupils who reside in the school district. If facilities are adequate, a school board, board of control of a cooperative educational service agency or county handicapped children's education board may admit nonresident pupils who meet its entrance requirements. Nonresident pupils are admitted, they shall have all the rights and privileges of resident pupils and shall be subject to the same rules and regulations as resident pupils, subject to s. 118.51 (4). The agency of service shall charge tuition for each nonresident pupil, except as provided in s. 121.78 (1g).

AB150, s. 4087 Section 4087. 121.78 (1) of the statutes is renumbered 121.78 (1m), and 121.78 (1m) (title) and (a), as renumbered, are amended to read:

AB150,1429,24 121.78 (1m) (title) By agreement attendance out-of-state. (a) Upon the approval of the state superintendent, the a school board of the district of residence and the school board of the district of attendance may make a written agreement to may permit an elementary or high school a pupil to attend a public school, including an out-of-state school, located outside the school district of residence, and the school district of residence this state. The school board shall pay the tuition. The and the school district of residence shall be paid state aid as though the pupil were enrolled in the school district of residence.

AB150, s. 4088 Section 4088. 121.78 (1g) of the statutes is created to read:

AB150,1430,5 121.78 (1g) Interdistrict school choice. The school board of the school district of residence of a pupil who attends a public school in another school district under s. 118.51 shall pay to the school district of attendance the amount described under s. 118.51 (7). The school district of residence shall be paid state aid as though the pupil were enrolled in that school district.

AB150, s. 4089 Section 4089. 121.79 (3) of the statutes is created to read:

AB150,1430,8 121.79 (3) Notwithstanding sub. (1) (intro.), beginning in the 1996-97 school year tuition shall be paid from the appropriation under s. 20.835 (7) (cg).

AB150, s. 4090 Section 4090. 121.81 (2) (a) of the statutes is amended to read:

AB150,1431,2 121.81 (2) (a) A pupil whose If a pupil's parent or legal custodian, who is a resident of this state but not a resident of the school district, misses the application deadline under s. 118.51 (1) (a) for the attendance of the pupil in another school district, the pupil's parent or legal custodian may file with the school board of the other school district a written application for enrollment in the schools of the that school district. The application shall be accompanied by a written declaration of the parent or legal custodian that the parent or legal custodian will establish residence in the school district by a specified time. If facilities are adequate, the school board may permit the pupil to enroll in the schools of the school district, and may require prepayment of a tuition fee for 9 school weeks or may waive the tuition requirement for that pupil. If the parent or legal custodian establishes residence in the school district within such 9 school weeks, the school board shall refund the tuition fee. If such residence is not established there shall be no refund of the tuition fee but another written application for enrollment may be filed for the next succeeding 9 school weeks and, upon prepayment of a tuition fee for such 9 school weeks, the school board may permit the pupil to reenroll. If the parent or legal custodian establishes residence in the school district within the second 9 school weeks, the school board shall refund the tuition fee for the second 9 school weeks.

AB150, s. 4091 Section 4091. 121.83 (1) (a) (intro.) of the statutes is amended to read:

AB150,1431,7 121.83 (1) (a) (intro.) The net school cost for a school year is the sum of the net cost of the general fund, the net cost of the debt service fund, all tuition revenues under this subchapter and special transfer aid under s. 121.85 (6) (b) 2. and 3. to 4. for that school year for the agency of service, except as follows:

AB150, s. 4092 Section 4092. 121.84 (1) (a) of the statutes is amended to read:

AB150,1431,12 121.84 (1) (a) A school board may shall permit a pupil who is enrolled in a school under its jurisdiction and is a resident of the school district at the beginning of the school year to complete the school year at the school without payment of tuition, even though the pupil is no longer a resident of the school district.

AB150, s. 4093 Section 4093. 121.845 (3) of the statutes is amended to read:

AB150,1431,15 121.845 (3) "School" means an organized educational activity operated by the school board and approved by the department of public instruction.

AB150, s. 4094 Section 4094. 121.85 (4) (b) of the statutes is amended to read:

AB150,1431,19 121.85 (4) (b) Any school board that, prior to May 4, 1976, established a plan to reduce racial imbalance in the school district is eligible for state aid under sub. (6) (a) or (am) if the state superintendent approves the plan.

AB150, s. 4095 Section 4095. 121.85 (6) (a) (intro.) of the statutes is amended to read:

AB150,1431,24 121.85 (6) (a) Intradistrict transfer. (intro.) The Except as provided under par. (am), the school district of attendance of pupils transferring from one attendance area to another under subs. (3) (b) and (4) shall be entitled to an amount determined as follows:

AB150, s. 4096 Section 4096. 121.85 (6) (am) of the statutes is created to read:

AB150,1432,6 121.85 (6) (am) Intradistrict transfer. 1. Beginning in the 1996-97 school year, if the school district received intradistrict transfer aid in the 1995-96 school year under par. (a), the school district of attendance of pupils transferring from one attendance area to another under subs. (3) (b) and (4) shall be entitled to an amount calculated under par. (a) 1. to 3. or the amount calculated as follows, whichever is less:

AB150,1432,10 a. Multiply the amount received for each transfer pupil under par. (a) or this paragraph in the most recent school year in which the school district received aid under par. (a) or this paragraph by the sum of 1.0 plus the allowable rate of increase under s. 73.0307 since the previous payment expressed as a decimal.

AB150,1432,12 b. Multiply the product under subd. 1. a. by the number of transfer pupils in the current school year.

AB150,1432,25 2. Beginning in the 1996-97 school year, if the school district did not receive intradistrict transfer aid in the 1995-96 school year under par. (a), the school district of attendance of pupils transferring from one attendance area to another under subs. (3) (b) and (4) shall be entitled, in the first school year in which such transfers occur and in which it receives aid for such transfers, to an amount determined under par. (a) 1. to 3. In each subsequent school year in which pupils are transferred from one attendance area to another under subs. (3) (b) and (4), the school district of attendance shall be entitled to an amount determined under par. (a) 1. to 3. or the amount determined by multiplying the amount received for each transfer pupil under this subdivision in the most recent school year in which the school district received aid under this subdivision by the sum of 1.0 plus the allowable rate of increase under s. 73.0307 since the previous payment expressed as a decimal, whichever is less.

AB150, s. 4097 Section 4097. 121.85 (6) (b) 2. of the statutes is amended to read:

AB150,1433,9 121.85 (6) (b) 2. If, in any one the 1995-96 school year, the number of pupils transferring from one school district to another under sub. (3) (a) constitute less than 5% of the total membership of the school district of attendance, the school district of attendance shall receive an amount equal to that produced by multiplying the number of pupils transferred into the district under sub. (3) (a) by the amount produced by dividing the school district's net school cost by the sum of the membership, plus the number of pupils transferred into the district of attendance under sub. (3) (a).

AB150, s. 4098 Section 4098. 121.85 (6) (b) 3. of the statutes is amended to read:

AB150,1433,15 121.85 (6) (b) 3. If, in any one the 1995-96 school year, the number of pupils transferring from one school district to another under sub. (3) (a) constitute 5% or more of the total membership of the school district of attendance, the school district of attendance shall receive an amount equal to 1.2 multiplied by the amount to which the district is entitled under subd. 2.

AB150, s. 4099 Section 4099. 121.85 (6) (b) 4. of the statutes is created to read:

AB150,1433,19 121.85 (6) (b) 4. Beginning in the 1996-97 school year, if a pupil transfers from one school district to another under sub. (3) (a), the school district of attendance shall receive an amount equal to the lesser of the following:

AB150,1433,23 a. The amount produced by multiplying the number of pupils transferred into the school district under sub. (3) (a) by the amount produced by dividing the school district's net school cost by the sum of the membership, plus the number of pupils transferred into the school district under sub. (3) (a).

AB150,1433,25 b. The amount produced by multiplying the number of pupils transferred into the school district under sub. (3) (a) by $7,000.

AB150, s. 4100 Section 4100. 121.85 (6) (c) of the statutes is renumbered 121.85 (6) (c) 1.

AB150, s. 4101 Section 4101. 121.85 (6) (c) 2. of the statutes is created to read:

AB150,1434,5 121.85 (6) (c) 2. Notwithstanding subd. 1., beginning in the 1996-97 school year, applications under subd. 1. shall be submitted to the department of revenue and the department of revenue shall perform the duties under subd. 1.

AB150, s. 4102 Section 4102. 121.85 (6) (e) of the statutes is amended to read:

AB150,1434,10 121.85 (6) (e) Sources of aid payments. State aid under this section shall be paid from the appropriation under s. 20.255 (2) (ac). Beginning in the 1996-97 school year, state aid under this section shall be paid from the appropriation under s. 20.835 (7) (ac).

AB150, s. 4103 Section 4103. 121.85 (6) (h) of the statutes is created to read:

AB150,1434,14 121.85 (6) (h) Aid reduction. Notwithstanding pars. (a), (b), (f) and (g), the amount of aid paid to the school board of a school district operating under ch. 119 under this section is subject to s. 119.23 (5) (am).

AB150, s. 4104 Section 4104. 121.85 (8) of the statutes is amended to read:

AB150,1434,22 121.85 (8) Transferred pupils. Pupils transferring schools under this section shall be subject to the same rules and regulations as resident pupils and shall have the responsibilities, privileges and rights of resident pupils in the school district or attendance area. Subject to this subsection, a pupil transferring schools under either sub. (3) (a) or (b) has the right to complete his or her education at the elementary, middle or high school to which he or she transfers so long as full funding therefor is available under s. 20.255 (2) (ac) or 20.835 (7) (ac).

AB150, s. 4105 Section 4105. 121.85 (9) (c) of the statutes is amended to read:

AB150,1435,2 121.85 (9) (c) The obligation under par. (a) to organize planning councils shall apply only with regard to school terms for which full pupil transfer aids are appropriated under s. 20.255 (2) (ac) or 20.835 (7) (ac) and planning council assistance funds are appropriated under s. 20.255 (1) (a).

AB150, s. 4106 Section 4106. 121.90 (2) of the statutes is amended to read:

AB150,1435,8 121.90 (2) "State aid" means aid under ss. 43.70, 115.34, 115.343, 115.345, 115.3615, 115.75, 115.88, 115.93, 115.995, 118.153, 118.255, 119.71 (2), 119.72 (5), 119.74, 119.75 (2) (a), 119.78 (2), 119.82 (3), 119.84, 121.08, 121.09, 121.10 and, 121.105, 121.41, 121.58 and 121.79 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4).

AB150, s. 4107 Section 4107. 121.905 of the statutes is created to read:

AB150,1435,11 121.905 Applicability. (1) In this section, "revenue ceiling" means $5,200 in the 1995-96 school year and in any subsequent school year means $5,500.

AB150,1435,14 (2) The revenue limit under s. 121.91 does not apply to any school district in any school year in which its base revenue per member, as calculated under sub. (3), is less than its revenue ceiling.

AB150,1435,15 (3) A school district's base revenue per member is determined as follows:

AB150,1435,22 (a) Calculate the sum of the amount of aid received under ss. 121.08, 121.10 and 121.105 and subch. VI in the previous school year and property taxes levied for the previous school year, excluding funds described under s. 121.91 (4) (c), and the costs of the county handicapped children's education board program, as defined in s. 121.135 (2) (a) 2., for pupils who were school district residents and solely enrolled in a special education program provided by a county handicapped children's education board in the previous school year.

AB150,1436,2 (b) Divide the result in par. (a) by the sum of the average of the number of pupils in the 3 previous school years and the number of pupils who were school district residents and solely enrolled in a special education program provided by a county handicapped children's education board program in the previous school year.

AB150,1436,3 (c) Add $194 to the result in par. (b).

AB150,1436,7 (4) A school district that is exempt from the revenue limits under this section may not increase its base revenue per member to an amount that is greater than its revenue ceiling unless that school district follows the procedures prescribed in s. 121.91 (3).

AB150, s. 4108 Section 4108. 121.91 (2m) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 121.91 (2m) (intro.) and amended to read:

AB150,1436,13 121.91 (2m) (intro.)  Except as provided in subs. (3) and (4), no school district may increase its revenues for the 1995-96, 1996-97 or 1997-98 school year or for any school year thereafter to an amount that exceeds the greater of the following: (a) The amount calculated as follows:

AB150, s. 4109 Section 4109. 121.91 (2m) (a) 1. of the statutes is renumbered 121.91 (2m) (a).

AB150, s. 4110 Section 4110. 121.91 (2m) (a) 2. of the statutes is repealed.

AB150, s. 4111 Section 4111. 121.91 (2m) (a) 3. of the statutes is renumbered 121.91 (2m) (c) and amended to read:

AB150,1436,19 121.91 (2m) (c) Add $194 to the result under subd. 1. to the result under subd. 2. par. (a).

AB150, s. 4112 Section 4112. 121.91 (2m) (a) 4. of the statutes is renumbered 121.91 (2m) (d) and amended to read:

AB150,1436,23 121.91 (2m) (d) Multiply the result under subd. 3. par. (c) by the average of the number of pupils in the current and the 2 preceding school years.

AB150, s. 4113 Section 4113. 121.91 (2m) (b) of the statutes is repealed.

AB150, s. 4114 Section 4114. 121.91 (5) (a) of the statutes is amended to read:

AB150,1437,8 121.91 (5) (a) Upon request by a school board, the state superintendent department may increase the school district's limit under sub. (1) by the amount necessary to allow the school district to avoid increasing its level of short-term borrowing over the amount of short-term borrowing incurred by the school district in the 1992-93 school year if the school district presents clear and convincing evidence of the need for the increase in the limit. The school board shall provide the state superintendent department with any information that the state superintendent department requires to make his or her the determination.