Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,238,23 799. Page 1256, line 14: after "year" insert "in accordance with sub. (2m) and".

AB100-ASA1-AA1,238,24 800. Page 1260, line 23: after that line insert:

AB100-ASA1-AA1,239,1 " Section 2771m. 116.02 (2) (i) of the statutes is created to read:

AB100-ASA1-AA1,239,3 116.02 (2) (i) For cooperative educational service agency no. 6, establishing a charter school under s. 118.40.".

AB100-ASA1-AA1,239,4 801. Page 1264, line 17: after that line insert:

AB100-ASA1-AA1,239,5 " Section 2780d. 117.20 of the statutes is amended to read:

AB100-ASA1-AA1,239,9 117.20 Referendum procedures. (1) If a referendum is required under ss. 117.08 to 117.11, it shall be held on the Tuesday after the first Monday in November occurring not sooner than 45 days following receipt of the petition or adoption of the resolution under s. 117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a) or 117.11 (4) (a).

AB100-ASA1-AA1,239,20 (2) The clerk of each affected school district shall publish notice, as required under s. 8.55 10.06 (4), in the territory of that school district. The procedures for school board elections under s. 120.06 (5), (9), (11), (13) and (14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the board a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.".

AB100-ASA1-AA1,239,21 802. Page 1266, line 13: after that line insert:

AB100-ASA1-AA1,239,22 " Section 2782j. 118.019 (2) (e) of the statutes is amended to read:

AB100-ASA1-AA1,240,3 118.019 (2) (e) Human sexuality; reproduction; contraception family planning, as defined in s. 253.07 (1) (a), including natural family planning; human immunodeficiency virus and acquired immunodeficiency syndrome; prenatal development; childbirth; adoption; available prenatal and postnatal support; and male responsibility.".

AB100-ASA1-AA1,240,4 803. Page 1267, line 3: after that line insert:

AB100-ASA1-AA1,240,5 " Section 2783g. 118.125 (2) (d) of the statutes is amended to read:

AB100-ASA1-AA1,241,5 118.125 (2) (d) Pupil records shall be made available to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license and other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in the pupil records. Law enforcement officers' records obtained under s. 938.396 (1m) (a) shall be made available under this paragraph for the purposes of as provided in s. 118.127 (2) to those employes of the school district who have been designated by the school board to receive that information for the purpose of providing alcohol and other drug abuse programs. Law enforcement officers' records obtained under s. 938.396 (1m) (am) and (b) shall be made available under this paragraph for the purposes of s. 118.127 (2m) and (3) to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license, to other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in those records and to those employes of the school district who have been designated by the school board to receive that information for the purpose of providing treatment programs. A school board member or an employe of a school district may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employe acted with actual malice in failing to disclose the information. A school district may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district or its agent acted with gross negligence or with reckless, wanton or intentional misconduct in failing to disclose the information.

AB100-ASA1-AA1, s. 2785b Section 2785b. 118.127 (2) of the statutes is amended to read:

AB100-ASA1-AA1,241,19 118.127 (2) A school district shall use disclose information from law enforcement officers' records obtained under s. 938.396 (1m) (a) to persons employed by the school district who are required by the department under s. 115.28 (7) to hold a license and to other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in that information. In addition, if that information relates to a pupil of the school district, the school district shall also disclose that information to those employes of the school district who have been designated by the school board to receive that information for the purpose of providing alcohol and other drug abuse treatment programs for pupils enrolled in the school district. A school district shall may not use law enforcement officers' records obtained under s. 938.396 (1m) (a) as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against a pupil.

AB100-ASA1-AA1, s. 2785bm Section 2785bm. 118.127 (2m) of the statutes is repealed.

AB100-ASA1-AA1, s. 2785c Section 2785c. 118.127 (3) of the statutes is repealed.".

AB100-ASA1-AA1,241,22 804. Page 1267, line 24: after that line insert:

AB100-ASA1-AA1,241,23 " Section 2787b. 118.145 (4) of the statutes is created to read:

AB100-ASA1-AA1,242,6 118.145 (4) The school board of a school district operating high school grades shall allow a pupil enrolled in a private school or a pupil enrolled in a home-based educational program, who has met the standards for admission to high school under sub. (1), to take up to 2 courses during the school year if the pupil resides in the school district in which the public school is located and if the school board determines that there is sufficient space in the classroom.".

AB100-ASA1-AA1,242,8 805. Page 1280, line 16: delete the material beginning with "order," and ending with "committees" on line 18 and substitute "order under s. 14.23".

AB100-ASA1-AA1,242,9 806. Page 1280, line 21: after that line insert:

AB100-ASA1-AA1,242,13 "118.30 (1g) (a) By August 1, 1998, each school board shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history. If the governor has issued pupil academic standards as an executive order under s. 14.23, the school board may adopt those standards.".

AB100-ASA1-AA1,242,14 807. Page 1280, line 22: delete "118.30 (1g)" and substitute "(b)".

AB100-ASA1-AA1,242,17 808. Page 1280, line 23: after "examination" insert "that is designed to measure whether pupils meet the pupil academic standards adopted by the school board under par. (a)".

AB100-ASA1-AA1,242,19 809. Page 1280, line 24: delete that line and substitute "standards issued as an executive order under s. 14.23".

AB100-ASA1-AA1,242,20 810. Page 1280, line 25: delete "sub. (1) (b)".

AB100-ASA1-AA1,242,21 811. Page 1281, line 13: delete "1999-2000" and substitute "2000-01".

AB100-ASA1-AA1,242,22 812. Page 1281, line 14: after "(1g)" insert "(b)".

AB100-ASA1-AA1,242,23 813. Page 1282, line 10: delete "2001" and substitute "2002".

AB100-ASA1-AA1,243,1 814. Page 1282, line 17: after "from" insert "the".

AB100-ASA1-AA1,243,2 815. Page 1284, line 24: delete that line.

AB100-ASA1-AA1,243,3 816. Page 1285, line 3: before "In" insert "Definition.".

AB100-ASA1-AA1,243,5 817. Page 1289, line 5: after "board" insert "or the board of control of cooperative educational service agency no. 6".

AB100-ASA1-AA1,243,6 818. Page 1289, line 16: after that line insert:

AB100-ASA1-AA1,243,7 " Section 2831m. 118.40 (1m) (am) of the statutes is created to read:

AB100-ASA1-AA1,243,11 118.40 (1m) (am) A written petition requesting the board of control of cooperative educational service agency no. 6. to establish a charter school under this section may be filed with the board of control of cooperative educational service agency no. 6. The petition shall include all the items under par. (b).

AB100-ASA1-AA1, s. 2831r Section 2831r. 118.40 (1m) (b) 1. of the statutes is amended to read:

AB100-ASA1-AA1,243,16 118.40 (1m) (b) 1. The name of the person who is seeking to establish the charter school and, if the board of control of cooperative educational service agency no. 6 is to establish the charter school, the name of the school district in which the charter school would be located.".

AB100-ASA1-AA1,243,17 819. Page 1289, line 20: after that line insert:

AB100-ASA1-AA1,243,18 " Section 2832s. 118.40 (1m) (b) 15. of the statutes is amended to read:

AB100-ASA1-AA1,243,21 118.40 (1m) (b) 15. The effect of the establishment of the charter school on the liability of the school district or, if appropriate, on the liability of the board of control of cooperative educational service agency no. 6.".

AB100-ASA1-AA1,244,2 820. Page 1289, line 23: delete the material beginning with "shall" and ending with "shall" on line 24 and substitute "or the board of control of cooperative educational service agency no. 6, whichever is appropriate, shall hold a public hearing on the petition. At the hearing, the school board shall and at the hearing".

AB100-ASA1-AA1,244,4 821. Page 1290, line 5: before "shall" insert "or board of control of cooperative educational service agency no. 6".

AB100-ASA1-AA1,244,6 822. Page 1290, line 6: before "denies" insert "or board of control of cooperative educational service agency no. 6".

AB100-ASA1-AA1,244,8 823. Page 1292, line 14: on lines 14 and 15, after "board" insert "or board of control of cooperative educational service agency no. 6".

AB100-ASA1-AA1,244,9 824. Page 1292, line 18: after that line insert:

AB100-ASA1-AA1,244,10 " Section 2836m. 118.40 (3) (am) of the statutes is created to read:

AB100-ASA1-AA1,244,18 118.40 (3) (am) If the board of control of cooperative educational service agency no. 6 grants the petition under sub. (2) (c) to establish a charter school and it if has adopted the bylaws required by s. 116.02 (2) (i), it may contract with the person named in the petition under sub. (1m) (b) 1. to operate a charter school within the boundaries of cooperative educational service agency no. 6 for pupils who reside in a school district located within the boundaries of cooperative educational service agency no. 6. The board of control of cooperative educational service agency no. 6 shall comply with the requirements of sub. (2r) (d).".

AB100-ASA1-AA1,244,20 825. Page 1293, line 6: delete "an entity under s. 118.40 (2r) (b)" and substitute "the contracting entity".

AB100-ASA1-AA1,244,21 826. Page 1293, line 8: after that line insert:

AB100-ASA1-AA1,244,22 " Section 2839m. 118.40 (3m) of the statutes is created to read:

AB100-ASA1-AA1,245,9 118.40 (3m) Charter schools established by cooperative educational service agency no. 6. (a) For each school district from which pupils attend a charter school established under sub. (3) (am), the department shall pay the operator of the charter school an amount determined by multiplying the number of pupils attending the charter school from the school district in the current school year by the shared cost per member in the previous school year for that school district or the amount of aid under s. 121.08 to which the school district is entitled in the current school year, whichever is less. The department shall pay, from the appropriation under s. 20.255 (2) (fr), 25% of the total amount in September, 25% in December, 25% in February and 25% in June. The department shall send the check to the operator of the charter school.

AB100-ASA1-AA1,245,12 (b) The department shall annually reduce the aid paid under s. 121.08 to each school district under par. (a) by the amount paid to the operator of the charter school on behalf of that school district.

AB100-ASA1-AA1,245,16 (c) The department shall ensure that aid paid to other school districts under s. 121.08 is neither reduced nor increased as a result of the payments under par. (a) or the reduction in aid under par. (b) and that the amount of the aid reduction under par. (b) lapses to the general fund.".

AB100-ASA1-AA1,245,18 827. Page 1293, line 11: delete "the entity under sub. (2r) (b)" and substitute "any entity".

AB100-ASA1-AA1,245,20 828. Page 1293, line 12: delete ", if applicable, the entity under sub. (2r) (b)" and substitute "the contracting entity".

AB100-ASA1-AA1,245,22 829. Page 1293, line 14: delete the material beginning with "entity" and ending with "under sub. (2r) (b)" on line 15 and substitute "contracting entity".

AB100-ASA1-AA1,245,23 830. Page 1294, line 9: after that line insert:

AB100-ASA1-AA1,246,4 "3. A charter school established by cooperative educational service agency no. 6 is an instrumentality of cooperative educational service agency no. 6 and cooperative educational service agency no. 6 shall employ all personnel for the charter school.".

AB100-ASA1-AA1,246,5 831. Page 1295, line 17: after that line insert:

AB100-ASA1-AA1,246,6 " Section 2843g. 118.51 of the statutes is created to read:

AB100-ASA1-AA1,246,7 118.51 Full-time open enrollment. (1) Definitions. In this section:

AB100-ASA1-AA1,246,9 (a) "Child with exceptional educational needs" has the meaning given in s. 115.76 (3).

AB100-ASA1-AA1,246,11 (b) "Nonresident school board" means the school board of a nonresident school district.

AB100-ASA1-AA1,246,14 (c) "Nonresident school district" means a school district, other than a pupil's resident school district, that the pupil is attending or has applied to attend under this section.

AB100-ASA1-AA1,246,15 (d) "Parent" includes a guardian.

AB100-ASA1-AA1,246,16 (e) "Resident school board" means the school board of a resident school district.

AB100-ASA1-AA1,246,17 (f) "Resident school district" means the school district in which a pupil resides.

AB100-ASA1-AA1,246,24 (2) Applicability. Beginning in the 1998-99 school year, a pupil may attend a public school, including a prekindergarten, early childhood or school-operated day care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, early childhood or school-operated day care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.

AB100-ASA1-AA1,247,10 (3) Application procedures. (a) Submission and acceptance or rejection. 1. The parent of a pupil who wishes to attend a public school in a nonresident school district under this section shall submit an application, on a form provided by the department under sub. (15) (a), to the school board of the nonresident school district that the pupil wishes to attend, not earlier than the first Monday in February and not later than the 3rd Friday in February of the school year immediately preceding the school year in which the pupil wishes to attend. On the 4th Monday in February, the nonresident school board shall send a copy of the application to the pupil's resident school board and the department. The application may include a request to attend a specific school or program offered by the nonresident school district.

AB100-ASA1-AA1,247,15 2. A nonresident school board may not act on any application received under subd. 1. until after the 3rd Friday in February. If a nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept on a random basis.

AB100-ASA1-AA1,247,19 3. On or before the first Friday following the first Monday in April following receipt of the application, the nonresident school board shall notify the applicant, in writing, whether it has accepted the application. If the nonresident school board rejects an application, it shall include in the notice the reason for the rejection.

AB100-ASA1-AA1,247,25 4. On or before the first Friday following the first Monday in April following receipt of a copy of the application, if a resident school board denies a pupil's enrollment in a nonresident school district under sub. (6), (7) or (12) (b) 1., the resident school board shall 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 denial.

AB100-ASA1-AA1,248,4 5. If an application is accepted, on or before the 2nd Friday following the first Monday in May following receipt of the application, the nonresident school board shall notify the applicant, in writing, of the specific school or program that the pupil may attend in the following school year.

AB100-ASA1-AA1,248,8 6. If an application is accepted, on or before the first Friday following the first Monday in June following receipt of a notice of acceptance, the pupil's parent shall notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.

AB100-ASA1-AA1,248,12 (b) Notice to resident school district. Annually by June 30, each nonresident school board that has accepted a pupil under this section for attendance in the following school year shall report the name of the pupil to the pupil's resident school board.

AB100-ASA1-AA1,248,19 (c) Subsequent reapplication; when required. 1. If a pupil's parent notifies a nonresident school board, under par. (a) 6., that the pupil intends to attend school in that school district in the following school year, the pupil may attend that school district in the following school year and may continue to attend that school district in succeeding school years without reapplying, except that the nonresident school board may require that the pupil reapply, no more than once, when the pupil enters middle school, junior high school or high school.

AB100-ASA1-AA1,248,23 2. If at any time a pupil who is attending school in a nonresident school district under this section wishes to attend school in a different nonresident school district under this section, the pupil's parent shall follow the application procedures under par. (a).

AB100-ASA1-AA1,248,25 (4) Adoption of policies and criteria. (a) By December 1, 1997, each school board shall adopt a resolution specifying all of the following:

AB100-ASA1-AA1,249,1 1. Its reapplication requirements, if any, under sub. (3) (c) 1.

AB100-ASA1-AA1,249,2 2. Its acceptance and rejection criteria under sub. (5) (a) and (b).

AB100-ASA1-AA1,249,3 3. A statement of the preference required under sub. (5) (c).

AB100-ASA1-AA1,249,4 4. Its transfer limitations, if any, under sub. (6).

AB100-ASA1-AA1,249,7 5. If the school district is eligible for aid under subch. VI of ch. 121, the limitation on transfers into or out of the school district imposed by the school board under sub. (7).