1997 Wisconsin Act 237

(a) The application process, including necessary documentation.

(b) The selection process for grant recipients.

(c) The number of times that a teacher may be exempt from continuing professional education requirements under sub. (3).

237,361g Section 361g. 115.76 (10) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), is amended to read:

115.76 (10) “Local educational agency", except as otherwise provided, means the school district in which the child with a disability resides, or the department of health and family services if the child with a disability resides in an institution or facility operated by the department of health and family services, or the department of corrections if such department is responsible for providing a free appropriate public education to the child with a disability resides in a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5).

237,361m Section 361m. 115.81 (1) (b) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), is amended to read:

115.81 (1) (b) “Originating Responsible local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a child caring institution except that if the child resided in an institution or facility operated by the department of health and family services, a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), before the placement of the child in a child caring institution, “responsible local educational agency" means the school district in which the child caring institution is located.

237,361p Section 361p. 115.81 (3) (a) and (b) (intro.) and 2. b. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), are amended to read:

115.81 (3) (a) Whenever a county department recommends to a court that a child be placed in a child caring institution or whenever a state agency anticipates placing a child in a child caring institution, the county department or state agency shall notify the originating responsible local educational agency.

(b) (intro.) For each child identified in a notice under par. (a), the originating responsible local educational agency shall do all of the following:

2. b. If the originating responsible local educational agency has reasonable cause to believe that the child is a child with a disability, appoint an individualized education program team to conduct an evaluation of the child under s. 115.782. The originating responsible local educational agency may include appropriately licensed staff of the child caring institution in the team if that staff is available. The individualized education program team shall conduct the evaluation. If the individualized education program team determines that the child is a child with a disability, the individualized education program team, in consultation with a county department or a state agency, as appropriate, shall develop an individualized education program and an educational placement offer.

237,361r Section 361r. 115.81 (4) (intro.) and (a) (intro.) and 4. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), are amended to read:

115.81 (4) (intro.) Whenever the originating responsible local educational agency offers an educational placement in a child caring institution under sub. (3) (b) 1. or 2. b., all of the following apply:

(a) (intro.) The originating responsible local educational agency shall do all of the following:

4. While the child resides at a child caring institution, after consulting with the child caring institution and a county department or a state agency, as appropriate, refer the child to another local educational agency if the originating responsible local educational agency determines that the child's special education needs may be appropriately served in a less restrictive setting in the other local educational agency.

237,361t Section 361t. 115.81 (4) (b) 2. and 4. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), are amended to read:

115.81 (4) (b) 2. In cooperation with the originating responsible local educational agency and staff of the child caring institution, participate in the individualized education program team evaluation of the child and the development of the individualized education program for the child.

4. In cooperation with the originating responsible local educational agency and staff of the child caring institution, develop a reintegration plan for the child if the child is leaving the child caring institution.

237,361tg Section 361tg. 116.01 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

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. Cooperative educational service agencies may provide leadership, coordination and education services to school districts, University of Wisconsin System institutions and centers and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public and private schools, agencies and organizations that provide services to pupils.

237,361tr Section 361tr. 116.032 (1) of the statutes is amended to read:

116.032 (1) Subject to subs. (2) to (5), for the purpose of providing services to pupils a board of control may contract with school districts, University of Wisconsin System institutions and centers, technical college district boards, private schools, and agencies or organizations that provide services to pupils.

237,361u Section 361u. 118.125 (4) of the statutes is amended to read:

118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g). In this subsection, “school" and “school district" include any state juvenile correctional facility or, secured child caring institution which as defined in s. 938.02 (15g), adult correctional institution, mental health institute or center for the developmentally disabled, that provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

237,362 Section 362 . 118.19 (1m) of the statutes is created to read:

118.19 (1m) (a) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

(b) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date if the department of revenue certifies under s. 73.0301 that the applicant, licensee or permit holder is liable for delinquent taxes.

237,362c Section 362c. 118.192 (title) of the statutes is amended to read:

118.192 (title) Professional teaching permits; mathematics and science and licenses.

237,362g Section 362g. 118.192 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

118.192 (1) The state superintendent shall establish an alternative teacher training program for music, art, foreign language, computer science, mathematics and science teachers. The program shall be conducted during the summer and shall consist of approximately 100 hours of formal instruction.

237,362L Section 362L. 118.192 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

118.192 (2) An individual who holds a bachelor's degree in engineering, music, art, foreign language, computer science, mathematics, biology, chemistry or physics or science from an accredited institution of higher education, has at least 5 years of experience as an engineer, mathematician or science a professional in the subject area in which his or her degree was awarded and passes the appropriate subject area portion of the national teacher's examination administered by the educational testing service, inc., in mathematics or science demonstrates, to the satisfaction of the state superintendent, competency in that subject area that is current and compatible with modern curricula may apply to the state superintendent for enrollment in the alternative teacher training program. The state superintendent shall charge a fee sufficient to cover the costs of the program.

237,362p Section 362p. 118.192 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

118.192 (3) The state superintendent shall grant a professional teaching permit to any person who satisfactorily completes the program under sub. (2). The permit authorizes the person to teach mathematics or science, as the subject area specified by the state superintendent, in grades kindergarten to 12. The initial permit shall be valid for 2 years, if. During the initial permit period, the person is shall be supervised by a person who holds a regular teaching license. The permit is renewable for 5-year periods . The state superintendent shall renew the permit or grant the permit holder a regular teaching license if the school board that employs the person certifies to the state superintendent that the person is a successful teacher.

237,362t Section 362t. 118.192 (4) (intro.) and (b) of the statutes are consolidated, renumbered 118.192 (4) and amended to read:

118.192 (4) A school board that employs a person who holds a professional teaching permit shall do all of the following: (b) Ensure ensure that no regularly licensed teacher is removed from his or her position as a result of the employment of persons holding permits.

237,362x Section 362x. 118.192 (4) (a) of the statutes is repealed.

237,363 Section 363 . 118.30 (1g) (c) of the statutes is created to read:

118.30 (1g) (c) Each school board operating elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board develops or adopts an examination under this paragraph, it shall notify the department.

237,364 Section 364 . 118.30 (1m) (a) of the statutes is renumbered 118.30 (1m) (a) 1. and amended to read:

118.30 (1m) (a) 1. Beginning in the 1996-97 school year Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. Beginning on July 1, 2002, if the school board has not developed and adopted its own 4th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5) (a) 1.

237,365 Section 365 . 118.30 (1m) (a) 2. of the statutes is created to read:

118.30 (1m) (a) 2. Beginning on July 1, 2002, if the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

237,366 Section 366 . 118.30 (1m) (am) of the statutes is renumbered 118.30 (1m) (am) 1. and amended to read:

118.30 (1m) (am) 1. Administer Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. Beginning on July 1, 2002, if the school board has not developed and adopted its own 8th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5) (b) 1.

237,367 Section 367 . 118.30 (1m) (am) 2. of the statutes is created to read:

118.30 (1m) (am) 2. Beginning on July 1, 2002, if the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

237,368 Section 368 . 118.30 (5) of the statutes is created to read:

118.30 (5) (a) Except as provided in par. (c), beginning on July 1, 2002, a school board may not promote a 4th grade pupil to the 5th grade unless one of the following applies:

1. If the school board does not administer its own 4th grade examination under sub. (1m) (a) 2., the pupil's score in each subject area on the examination administered under sub. (1m) (a) 1. is at the basic level or above, as determined by the state superintendent.

2. If the school board administers its own 4th grade examination under sub. (1m) (a) 2., the pupil achieves a passing score on that examination, as determined by the school board.

(b) Except as provided in par. (c), beginning on July 1, 2002, a school board may not promote an 8th grade pupil to the 9th grade unless one of the following applies:

1. If the school board does not administer its own 8th grade examination under sub. (1m) (am) 2., the pupil's score in each subject area on the examination administered under sub. (1m) (am) 1. is at the basic level or above, as determined by the state superintendent.

2. If the school board administers its own 8th grade examination under sub. (1m) (am) 2., the pupil achieves a passing score on that examination, as determined by the school board.

(c) Each school board shall develop alternative criteria for evaluating a pupil who did not take the 4th grade or the 8th grade examination that was required for promotion as a result of sub. (2) (b). A school board may promote a pupil who did not take the examination that was required for promotion as a result of sub. (2) (b) if the pupil satisfies the alternative criteria.

237,368c Section 368c. 118.30 (6) of the statutes is created to read:

118.30 (6) A school board is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) (a) if the school board administers its own 4th and 8th grade examinations, the school board provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1) (a), and the federal department of education approves.

237,368d Section 368d. 118.55 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

118.55 (1) Definition. In this section, “institution of higher education" means a center or an institution within the university of Wisconsin system, a tribally controlled college or a private, nonprofit institution of higher education located in this state.

237,368f Section 368f. 118.55 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

118.55 (5) (a) If the pupil is attending a center or an institution within the university of Wisconsin system, the actual cost of tuition, fees, books and other necessary materials directly related to the course.

237,368h Section 368h. 120.115 (1) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 120.115 (1) (b).

237,368j Section 368j. 120.115 (1) (a) of the statutes is created to read:

120.115 (1) (a) Within 10 days after adopting a resolution that authorizes the school board to incur debt or that authorizes the common council of a 1st class city to incur debt on behalf of the school district operating under ch. 119, the school board shall notify the department of the scheduled date of the referendum and submit a copy of the resolution to the department.

237,368L Section 368L. 120.12 (17) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

120.12 (17) University of Wisconsin system tuition. Pay the tuition of any pupil enrolled in the school district and attending a center or an institution within the university of Wisconsin system if the pupil is not participating in the program under s. 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.

237,368n Section 368n. 120.13 (2) (g) of the statutes, as affected by 1997 Wisconsin Acts 155 and 191, is amended to read:

120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13), 632.896, 767.25 (4m) (d), 767.51 (3m) (d) and 767.62 (4) (b) 4.

237,368p Section 368p. 121.06 (4) of the statutes is created to read:

121.06 (4) For purposes of computing state aid under s. 121.08, equalized valuations calculated under sub. (1) and certified under sub. (2) shall include the full value of computers that are exempt under s. 70.11 (39) as determined under s. 79.095 (3).

237,368v Section 368v. 121.15 (1m) (a) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

121.15 (1m) (a) 1. The amount appropriated in the 1997-98 fiscal year under s. 20.255 (2) (q) shall be paid to school districts on the 3rd Monday in June, and the difference between An amount equal to $75,000,000 and the amount transferred to the property tax relief fund under 1997 Wisconsin Act 27, section 9256 (3x) (c) 2., shall be paid to school districts on the 4th Monday in July, 1998, from the appropriation under s. 20.255 (2) (ac).

237,368w Section 368w. 121.15 (1m) (a) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

121.15 (1m) (a) 2. The amount appropriated in the 1998-99 fiscal year under s. 20.255 (2) (q) shall be paid to school districts on the 3rd Monday in June, and the difference between $175,000,000 and the sum of the amounts transferred to the property tax relief fund under 1997 Wisconsin Act 27, section 9256 (3x) (c) 2., (d) 2. and (e) 2., $75,000,000 shall be paid to school districts on the 4th Monday in July, 1999, from the appropriation under s. 20.255 (2) (ac).

237,368x Section 368x. 121.15 (1m) (a) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

121.15 (1m) (a) 3. Beginning in the 1999-2000 school year, annually the state shall pay to school districts, from the appropriation under s. 20.255 (2) (ac), the difference between $175,000,000 and the sum of the amounts transferred to the property tax relief fund under 1997 Wisconsin Act 27, section 9256 (3x) (c) 2., (d) 2. and (e) 2., $75,000,000 on the 4th Monday in July of the following school year.

237,368y Section 368y. 121.15 (3m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

121.15 (3m) (b) By June 15, 1996 May 15, 1999, and annually by June May 15 thereafter, the department, the department of administration and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals two-thirds of partial school revenues.

237,369 Section 369 . 121.15 (3m) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

121.15 (3m) (c) By June 30, 1998 1999, and annually by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the following school year.

237,369g Section 369g. 121.90 (2) of the statutes is amended to read:

121.90 (2) “State aid" means aid under ss. 121.08, 121.09, 121.10 and 121.105 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4), except that “state aid" excludes any additional aid that a school district receives as a result of ss. 121.07 (6) (e) and (7) (e) and 121.105 (3) for school district consolidations that are effective on or after July 1, 1995, as determined by the department. “State aid" also includes amounts under s. 79.095 for the current school year.

237,369m Section 369m. 121.91 (3) (a) of the statutes is amended to read:

121.91 (3) (a) If a school board wishes to exceed the limit under sub. (1), (2) or (2m) otherwise applicable to the school district in any school year, it shall promptly adopt a resolution supporting inclusion in the final school district budget of an amount equal to the proposed excess revenue. The resolution shall specify whether the proposed excess revenue is for a recurring or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and nonrecurring purposes, the amount of the proposed excess revenue for each purpose. Within 10 days after adopting the resolution, the school board shall notify the department of the scheduled date of the referendum and submit a copy of the resolution to the department. The school board shall call a special referendum for the purpose of submitting the resolution to the electors of the school district for approval or rejection. In lieu of a special referendum, the school board may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election, if such election is to be held not earlier than 35 days after the adoption of the resolution of the school board. The school district clerk shall certify the results of the referendum to the department within 10 days after the referendum is held.

237,369r Section 369r. 121.91 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

121.91 (3) (c) The referendum shall be held in accordance with chs. 5 to 12.The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (1), (2) or (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The school district clerk shall promptly certify the results of the referendum to the state superintendent. The limit otherwise applicable to the school district under sub. (1), (2) or (2m) is increased by the amount approved by a majority of those voting on the question.

237,376m Section 376m. 138.09 (1m) (b) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

138.09 (1m) (b) 1. An application under par. (a) for a license shall contain the following: