2. If the number determined in par. (a) 1. is less than the number determined in par. (a) 2. for a school district, the department shall decrease that school district's state aid payment under s. 121.08 by an amount equal to the difference multiplied by the amount determined under par. (a) 3. If the state aid payment under s. 121.08 is insufficient to cover the reduction, the department shall decrease other state aid payments made by the department to the school district by the remaining amount. If the state aid payment under s. 121.08 and other state aid payments made by the department to the school district are insufficient to cover the reduction, the department shall use the moneys appropriated under s. 20.255 (2) (cg) to pay the balance to school districts under subd. 1.
(c) If a pupil attends public school in a nonresident school district under this section for less than a full school term, the department shall prorate the state aid adjustments under this subsection based on the number of days that school is in session and the pupil attends public school in the nonresident school district.
(d) The department shall ensure that the aid adjustment under par. (b) does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.
(17) Special education tuition. The resident school board shall pay to the nonresident school board, for each child who is attending public school in the nonresident school district under this section and is enrolled in a program for children with exceptional educational needs, tuition calculated using the daily tuition rate under s. 121.83 for children enrolled in such programs in the nonresident school district, or an amount agreed to by the school boards of the 2 school districts.
27,2843r Section 2843r. 118.52 of the statutes is created to read:
118.52 Part-time open enrollment. (1) Definitions. In this section:
(a) "Nonresident school board" means the school board of a nonresident school district.
(b) "Nonresident school district" means a school district, other than a pupil's resident school district, in which the pupil is attending a course or has applied to attend a course under this section.
(c) "Parent" includes a guardian.
(d) "Resident school board" means the school board of a resident school district.
(e) "Resident school district" means the school district in which a pupil resides.
(2) Applicability. Beginning in the 1998-99 school year, a pupil enrolled in a public school in the high school grades may attend public school in a nonresident school district under this section for the purpose of taking a course offered by the nonresident school district. A pupil may attend no more than 2 courses at any time in nonresident school districts under this section.
(3) Application procedures. (a) The parent of a pupil who wishes to attend public school in a nonresident school district for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the school board of the nonresident school district in which the pupil wishes to attend a course not later than 6 weeks prior to the date on which the course is scheduled to commence. The application shall specify the course that the pupil wishes to attend and may specify the school or schools at which the pupil wishes to attend the course. The nonresident school board shall send a copy of the application to the pupil's resident school board.
(b) If a nonresident school board receives more applications for a particular course than there are spaces available in the course, the nonresident school board shall determine which pupils to accept on a random basis.
(c) No later than one week prior to the date on which the course is scheduled to commence, the nonresident school board shall notify the applicant and the resident school board, in writing, whether the application has been accepted and, if the application is accepted, the school at which the pupil may attend the course. The acceptance applies only for the following semester, school year or other session in which the course is offered. If the nonresident school board rejects an application, it shall include in the notice the reason for the rejection.
(d) No later than one week prior to the date on which the course is scheduled to commence, the resident school board shall do all of the following:
1. If it denies an application to attend public school in a nonresident school district under sub. (6), notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the rejection.
2. If it determines that the course does not satisfy high school graduation requirements under s. 118.33 in the resident school district, notify the applicant in writing.
(e) Following receipt of a notice of acceptance but prior to the date on which the course is scheduled to commence, the pupil's parent shall notify the resident school board and nonresident school board of the pupil's intent to attend the course in the nonresident school district.
(4) Adoption of policies and criteria. By December 1, 1997, each school board shall adopt a resolution specifying the criteria and policies described in subs. (5) and (6). If the school board wishes to revise the criteria or policies, it shall do so by resolution.
(5) Nonresident school district acceptance and rejection criteria. School board policies and criteria for accepting and rejecting applications under sub. (3) from pupils who reside in another school district shall be the same as the policies and criteria for entry into the course that apply to pupils who reside in the school district, except that the school board may give preference in attendance in a course to residents of the school district.
(6) Resident school district rejection criteria. (a) Individualized education program requirements. The school board of a pupil's resident school district shall reject a pupil's application to attend a course in a public school in a nonresident school district if the resident school board determines that the course conflicts with the individualized education program for the pupil under s. 115.80 (4).
(b) Undue financial burden. The school board of a pupil's resident school district may reject an application to attend a course in a public school in a nonresident school district if the cost of the course would impose upon the resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil costs for children continuing to be served by the resident school district.
(8) Appeal of rejection. If an application is rejected under sub. (5) or a pupil is prohibited from attending a course in a public school in a nonresident school district under sub. (6), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.
(9) Rights and privileges of nonresident pupils. A pupil attending a course in a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.
(10) Disciplinary records. Notwithstanding s. 118.125, the resident school board shall provide to the nonresident school board to which a pupil has applied under this section, upon request by that school board, a copy of any expulsion findings and orders, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.
(11) Transportation. (a) Responsibility. The parent of a pupil attending a course in a public school in a nonresident school district under this section is responsible for transporting the pupil to and from the course that the pupil is attending.
(b) Low-income assistance. The parent of a pupil who is attending a course in a public school in a nonresident school district under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the school at which the pupil is attending the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The department shall give preference under this paragraph to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).
(12) Tuition. The resident school board shall pay to the nonresident school board, for each pupil attending a course in a public school in the nonresident school district under this section, an amount equal to the cost of providing the course to the pupil, calculated in a manner determined by the department.
27,2844 Section 2844. 118.55 (7r) of the statutes is created to read:
118.55 (7r) Attendance at technical college. (a) Upon the pupil's request and with the written approval of the pupil's parent or guardian, any public school pupil who satisfies the following criteria may apply to attend a technical college for the purpose of taking one or more courses:
1. The pupil has completed the 10th grade.
2. The pupil is in good academic standing.
3. The pupil notifies the school board of his or her intent to attend a technical college under this subsection by March 1 if the pupil intends to enroll in the fall semester and by October 1 if the pupil intends to enroll in the spring semester.
4. The pupil is not a child at risk, as defined in s. 118.153 (1) (a).
(am) A school board may refuse to permit a pupil to attend a technical college under this subsection if the pupil is a child with exceptional educational needs, as defined in s. 115.76 (3), and the school board determines that the cost to the school district under par. (dm) would impose an undue financial burden on the school district.
(b) The technical college district board shall admit the pupil if he or she meets the requirements and prerequisites of the course or courses for which he or she applied, except that the district board may reject an application from a pupil who has a record of disciplinary problems, as determined by the district board , or if the district board determines that there is no space available for the pupil.
(c) If a child attends a technical college under this subsection, the technical college shall ensure that the child's educational program meets the high school graduation requirements under s. 118.33. At least 30 days before the beginning of the technical college semester in which the pupil will be enrolled, the school board of the school district in which the pupil resides shall notify the pupil, in writing, if a course in which the pupil will be enrolled does not meet the high school graduation requirements and whether the course is comparable to a course offered in the school district. If the pupil disagrees with the school board's decision regarding comparability of courses or satisfaction of high school graduation requirements, the pupil may appeal the school board's decision to the state superintendent within 30 days after the decision. The state superintendent's decision is final and is not subject to review under subch. III of ch. 227. The pupil is eligible to receive both high school and technical college credit for courses successfully completed at the technical college.
(d) 1. Except as provided in par. (dg), for each pupil attending a technical college under this subsection, the school board shall pay to the technical college district board, in 2 instalments payable upon initial enrollment and at the end of the semester, the following amount:
a. If the pupil is attending the technical college for less than 7 credits that are eligible for high school credit, for those courses taken for high school credit, an amount equal to the cost of tuition, course fees and books for the pupil at the technical college.
b. If the pupil is attending the technical college for 7 credits or more that are eligible for high school credit, an amount equal to 50% of the school district's average per pupil cost for regular instruction and instructional support services in the previous school year, as determined by the department, multiplied by a fraction the numerator of which is the number of credits taken for high school credit for which the pupil is enrolled and the denominator of which is 15. Annually by the 3rd Monday in February, the department shall make available to school boards and technical college district boards estimates of the amounts under this subd. 1. b.
2. Notwithstanding subd. 1., if the pupil is attending the technical college for less than 10 credits during any semester, the school board is not responsible for payment for any courses that are comparable to courses offered in the school district. If the pupil is attending the technical college for 10 or more credits during any semester, the school board is responsible for payment for courses that are comparable to courses offered in the school district for one-half of the credits taken but no more than 6 credits.
(dg) 1. If, by September 15, 1997, or within 30 days after the effective date of this subdivision .... [revisor inserts date], whichever is later, the technical college system board, the Wisconsin Association of School Boards and the School Administrators Alliance agree on a different method than the method under par. (d) for determining the amount that a school board must pay a technical college district board for each pupil attending a technical college under this subsection, they shall submit it to the department by September 15, 1997, or within 30 days after the effective date of this subdivision .... [revisor inserts date], whichever is later.
2. Within 30 days after receiving the recommended method under subd. 1., the department shall approve or reject it. If the department approves the method it shall immediately submit the method to the cochairpersons of the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the method within 14 working days after the date that the method was submitted, the method is approved. If, within 14 working days after the date that the method was submitted, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the method, the method is not approved until the committee approves it.
3. If the method is approved by the department and by the joint committee on finance under subd. 2., the department shall promulgate rules implementing the method beginning with pupils attending a technical college in the 1998 spring semester.
(dm) If a pupil who is attending a technical college under this subsection is a child with exceptional educational needs, as defined in s. 115.76 (3), the payment under par. (d) shall be adjusted to reflect the cost of any special services required for the pupil.
(e) The school board is not responsible for transporting a pupil attending a technical college under this subsection to or from the technical college that the pupil is attending.
27,2845 Section 2845. 118.55 (7w) of the statutes is created to read:
118.55 (7w) Responsibility of pupil for tuition and fees; technical college. A pupil taking a course at a technical college for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board is required to pay the technical college for the course under sub. (7r) (d).
27,2846 Section 2846. 119.04 (title) of the statutes is amended to read:
119.04 (title) Education Public instruction laws applicable.
27,2847 Section 2847. 119.04 (1) of the statutes is amended to read:
119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.
27,2847c Section 2847c. 119.23 (2) (a) 3. of the statutes is amended to read:
119.23 (2) (a) 3. The private school notified the department state superintendent of its intent to participate in the program under this section by May 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space.
27,2847g Section 2847g. 119.23 (3) (a) of the statutes is amended to read:
119.23 (3) (a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the department state superintendent, to the participating private school that the pupil wishes to attend. Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. The department state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis.
27,2847L Section 2847L. 119.23 (4) of the statutes is amended to read:
119.23 (4) Upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school, the department state superintendent shall pay to the parent or guardian, 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, or an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, whichever is less. The department state superintendent shall pay 25% of the total amount in September, 25% in November, 25% in February and 25% in May. 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.
27,2847p Section 2847p. 119.23 (5) (intro.) of the statutes is amended to read:
119.23 (5) (intro.)  The department state superintendent shall:
27,2847t Section 2847t. 119.23 (7) (b) of the statutes is amended to read:
119.23 (7) (b) The department state superintendent shall monitor the performance of the pupils attending private schools under this section. If the department state superintendent determines in any school year that the private school is not meeting at least one of the standards under par. (a), that private school may not participate in the program under this section in the following school year.
27,2848m Section 2848m. 119.25 (2) (b) of the statutes is amended to read:
119.25 (2) (b) No administrator may be designated to participate in an expulsion hearing if he or she was involved in the incident that led to the expulsion proceeding. Prior to expelling a pupil, the hearing officer or panel shall hold a hearing. 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 hearing officer or panel shall keep a full record of the hearing. The hearing officer or panel shall inform each party of the right to a complete record of the proceeding. Upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent or guardian. Upon the ordering by the hearing officer or panel of the expulsion of a pupil, the school district shall mail a copy of the order to the board, the pupil and, if the pupil is a minor, the pupil's parent or guardian. A school board, hearing officer or panel may disclose the transcript to the parent or guardian of an adult pupil, if the adult pupil is a dependent of his or her parent or guardian under section 152 of the internal revenue code. Within 30 days after the date on which the order is issued, the board shall review the expulsion order and shall, upon review, approve, reverse or modify the order. The order of the hearing officer or panel shall be enforced while the board reviews the order. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the board's decision to the department state superintendent. If the board's decision is appealed to the department state superintendent, within 60 days after the date on which the department state superintendent receives the appeal, the department state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the board shall be enforced while the department state superintendent reviews the decision. An appeal from the decision of the department state superintendent may be taken within 30 days to the circuit court for the county in which the school is located.
27,2849 Section 2849. 119.28 (5) of the statutes is amended to read:
119.28 (5) Any action under subs. (3) and (4) shall be subject to the direction of the department state superintendent and the division for learning support, equity and advocacy in the department as provided by law.
27,2849d Section 2849d. 119.32 (6) of the statutes is amended to read:
119.32 (6) The superintendent of schools shall take an annual census of all persons between the ages of 4 and 20 residing in the city and at the same time shall collect such additional statistics and information relating to schools and the population entitled to school privileges in the city as the board directs. The census may be estimated by using statistically significant sampling techniques that have been approved by the department.
27,2849h Section 2849h. 119.44 (1) of the statutes is amended to read:
119.44 (1) The board shall file its annual financial report with the city clerk and shall send a copy of the report to the department state superintendent.
27,2849m Section 2849m. 119.44 (2) (c) of the statutes is amended to read:
119.44 (2) (c) The information specified under s. 120.18 (1) (gm) and (i).
27,2849r Section 2849r. 119.44 (2) (d) of the statutes is created to read:
119.44 (2) (d) The information specified under s. 120.18 (1) (a).
27,2851m Section 2851m. 119.485 of the statutes is created to read:
119.485 Taxes for state trust fund loans. (1) If the board is awarded a state trust fund loan under subch. II of ch. 24, the board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of money necessary to pay the principal and interest on the loan as they become due. The common council shall levy and collect a tax upon all property subject to taxation in the city, at the same time and in the same manner as other taxes are levied and collected, equal to the amount of money required to make such payments. The taxes are in addition to all other taxes that the city is authorized to levy.
(2) Annually by December 31, the board shall transfer to the city an amount which, when added to the interest that will accrue on the amount, is sufficient to meet the anticipated costs of debt service on the loan in the ensuing year.
27,2853m Section 2853m. 119.497 (2) (b) of the statutes is amended to read:
119.497 (2) (b) By December 1, 1992, the board shall submit the approved plan to the department state superintendent and the legislative audit bureau for their review. By January 15, 1993, the department state superintendent and the legislative audit bureau shall submit their comments on the plan to the committees specified under par. (a) in the manner specified under par. (a).
27,2854 Section 2854. 119.68 (2) of the statutes is amended to read:
119.68 (2) No action may be brought or maintained against the school upon a claim or cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37 or , 19.97 or 281.99.
27,2854b Section 2854b. 119.71 (2) of the statutes is amended to read:
119.71 (2) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 in each school year.
27,2854e Section 2854e. 119.72 (1) (c) of the statutes is amended to read:
119.72 (1) (c) Employs or utilizes only persons appropriately licensed by the department state superintendent under s. 115.28 (7) for pupils in the program, or ensures that only such persons supervise the individuals providing instruction and support services to the pupils in the program.
27,2854h Section 2854h. 119.72 (5) of the statutes is amended to read:
119.72 (5) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 for the program under this section in each school year.
27,2854k Section 2854k. 119.73 of the statutes is amended to read:
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