AB100-ASA1-AA1,242,17 15808. Page 1280, line 23: after "examination" insert "that is designed to
16measure whether pupils meet the pupil academic standards adopted by the school
17board under par. (a)".
AB100-ASA1-AA1,242,19 18809. Page 1280, line 24: delete that line and substitute "standards issued as
19an executive order under s. 14.23".
AB100-ASA1-AA1,242,20 20810. Page 1280, line 25: delete "sub. (1) (b)".
AB100-ASA1-AA1,242,21 21811. Page 1281, line 13: delete "1999-2000" and substitute "2000-01".
AB100-ASA1-AA1,242,22 22812. Page 1281, line 14: after "(1g)" insert "(b)".
AB100-ASA1-AA1,242,23 23813. Page 1282, line 10: delete "2001" and substitute "2002".
AB100-ASA1-AA1,243,1
1814. Page 1282, line 17: after "from" insert "the".
AB100-ASA1-AA1,243,2 2815. Page 1284, line 24: delete that line.
AB100-ASA1-AA1,243,3 3816. Page 1285, line 3: before "In" insert "Definition.".
AB100-ASA1-AA1,243,5 4817. Page 1289, line 5: after "board" insert "or the board of control of
5cooperative educational service agency no. 6
".
AB100-ASA1-AA1,243,6 6818. Page 1289, line 16: after that line insert:
AB100-ASA1-AA1,243,7 7" Section 2831m. 118.40 (1m) (am) of the statutes is created to read:
AB100-ASA1-AA1,243,118 118.40 (1m) (am) A written petition requesting the board of control of
9cooperative educational service agency no. 6. to establish a charter school under this
10section may be filed with the board of control of cooperative educational service
11agency no. 6. The petition shall include all the items under par. (b).
AB100-ASA1-AA1, s. 2831r 12Section 2831r. 118.40 (1m) (b) 1. of the statutes is amended to read:
AB100-ASA1-AA1,243,1613 118.40 (1m) (b) 1. The name of the person who is seeking to establish the
14charter school and, if the board of control of cooperative educational service agency
15no. 6 is to establish the charter school, the name of the school district in which the
16charter school would be located
.".
AB100-ASA1-AA1,243,17 17819. Page 1289, line 20: after that line insert:
AB100-ASA1-AA1,243,18 18" Section 2832s. 118.40 (1m) (b) 15. of the statutes is amended to read:
AB100-ASA1-AA1,243,2119 118.40 (1m) (b) 15. The effect of the establishment of the charter school on the
20liability of the school district or, if appropriate, on the liability of the board of control
21of cooperative educational service agency no. 6
.".
AB100-ASA1-AA1,244,2 22820. Page 1289, line 23: delete the material beginning with "shall" and
23ending with "shall" on line 24 and substitute "or the board of control of cooperative

1educational service agency no. 6, whichever is appropriate,
shall hold a public
2hearing on the petition. At the hearing, the school board shall and at the hearing".
AB100-ASA1-AA1,244,4 3821. Page 1290, line 5: before "shall" insert "or board of control of cooperative
4educational service agency no. 6
".
AB100-ASA1-AA1,244,6 5822. Page 1290, line 6: before "denies" insert "or board of control of
6cooperative educational service agency no. 6
".
AB100-ASA1-AA1,244,8 7823. Page 1292, line 14: on lines 14 and 15, after "board" insert "or board of
8control of cooperative educational service agency no. 6
".
AB100-ASA1-AA1,244,9 9824. Page 1292, line 18: after that line insert:
AB100-ASA1-AA1,244,10 10" Section 2836m. 118.40 (3) (am) of the statutes is created to read:
AB100-ASA1-AA1,244,1811 118.40 (3) (am) If the board of control of cooperative educational service agency
12no. 6 grants the petition under sub. (2) (c) to establish a charter school and it if has
13adopted the bylaws required by s. 116.02 (2) (i), it may contract with the person
14named in the petition under sub. (1m) (b) 1. to operate a charter school within the
15boundaries of cooperative educational service agency no. 6 for pupils who reside in
16a school district located within the boundaries of cooperative educational service
17agency no. 6. The board of control of cooperative educational service agency no. 6
18shall comply with the requirements of sub. (2r) (d).".
AB100-ASA1-AA1,244,20 19825. Page 1293, line 6: delete "an entity under s. 118.40 (2r) (b)" and
20substitute "the contracting entity".
AB100-ASA1-AA1,244,21 21826. Page 1293, line 8: after that line insert:
AB100-ASA1-AA1,244,22 22" Section 2839m. 118.40 (3m) of the statutes is created to read:
AB100-ASA1-AA1,245,923 118.40 (3m) Charter schools established by cooperative educational
24service agency no. 6.
(a) For each school district from which pupils attend a charter

1school established under sub. (3) (am), the department shall pay the operator of the
2charter school an amount determined by multiplying the number of pupils attending
3the charter school from the school district in the current school year by the shared
4cost per member in the previous school year for that school district or the amount of
5aid under s. 121.08 to which the school district is entitled in the current school year,
6whichever is less. The department shall pay, from the appropriation under s. 20.255
7(2) (fr), 25% of the total amount in September, 25% in December, 25% in February
8and 25% in June. The department shall send the check to the operator of the charter
9school.
AB100-ASA1-AA1,245,1210 (b) The department shall annually reduce the aid paid under s. 121.08 to each
11school district under par. (a) by the amount paid to the operator of the charter school
12on behalf of that school district.
AB100-ASA1-AA1,245,1613 (c) The department shall ensure that aid paid to other school districts under
14s. 121.08 is neither reduced nor increased as a result of the payments under par. (a)
15or the reduction in aid under par. (b) and that the amount of the aid reduction under
16par. (b) lapses to the general fund.".
AB100-ASA1-AA1,245,18 17827. Page 1293, line 11: delete "the entity under sub. (2r) (b)" and substitute
18"any entity".
AB100-ASA1-AA1,245,20 19828. Page 1293, line 12: delete ", if applicable, the entity under sub. (2r) (b)"
20and substitute "the contracting entity".
AB100-ASA1-AA1,245,22 21829. Page 1293, line 14: delete the material beginning with "entity" and
22ending with "under sub. (2r) (b)" on line 15 and substitute "contracting entity".
AB100-ASA1-AA1,245,23 23830. Page 1294, line 9: after that line insert:
AB100-ASA1-AA1,246,4
1"3. A charter school established by cooperative educational service agency no.
26 is an instrumentality of cooperative educational service agency no. 6 and
3cooperative educational service agency no. 6 shall employ all personnel for the
4charter school.".
AB100-ASA1-AA1,246,5 5831. Page 1295, line 17: after that line insert:
AB100-ASA1-AA1,246,6 6" Section 2843g. 118.51 of the statutes is created to read:
AB100-ASA1-AA1,246,7 7118.51 Full-time open enrollment. (1) Definitions. In this section:
AB100-ASA1-AA1,246,98 (a) "Child with exceptional educational needs" has the meaning given in s.
9115.76 (3).
AB100-ASA1-AA1,246,1110 (b) "Nonresident school board" means the school board of a nonresident school
11district.
AB100-ASA1-AA1,246,1412 (c) "Nonresident school district" means a school district, other than a pupil's
13resident school district, that the pupil is attending or has applied to attend under this
14section.
AB100-ASA1-AA1,246,1515 (d) "Parent" includes a guardian.
AB100-ASA1-AA1,246,1616 (e) "Resident school board" means the school board of a resident school district.
AB100-ASA1-AA1,246,1717 (f) "Resident school district" means the school district in which a pupil resides.
AB100-ASA1-AA1,246,24 18(2) Applicability. Beginning in the 1998-99 school year, a pupil may attend
19a public school, including a prekindergarten, early childhood or school-operated day
20care program, in a nonresident school district under this section, except that a pupil
21may attend a prekindergarten, early childhood or school-operated day care program
22in a nonresident school district only if the pupil's resident school district offers the
23same type of program that the pupil wishes to attend and the pupil is eligible to
24attend that program in his or her resident school district.
AB100-ASA1-AA1,247,10
1(3) Application procedures. (a) Submission and acceptance or rejection. 1.
2The parent of a pupil who wishes to attend a public school in a nonresident school
3district under this section shall submit an application, on a form provided by the
4department under sub. (15) (a), to the school board of the nonresident school district
5that the pupil wishes to attend, not earlier than the first Monday in February and
6not later than the 3rd Friday in February of the school year immediately preceding
7the school year in which the pupil wishes to attend. On the 4th Monday in February,
8the nonresident school board shall send a copy of the application to the pupil's
9resident school board and the department. The application may include a request
10to attend a specific school or program offered by the nonresident school district.
AB100-ASA1-AA1,247,1511 2. A nonresident school board may not act on any application received under
12subd. 1. until after the 3rd Friday in February. If a nonresident school board receives
13more applications for a particular grade or program than there are spaces available
14in the grade or program, the nonresident school board shall determine which pupils
15to accept on a random basis.
AB100-ASA1-AA1,247,1916 3. On or before the first Friday following the first Monday in April following
17receipt of the application, the nonresident school board shall notify the applicant, in
18writing, whether it has accepted the application. If the nonresident school board
19rejects an application, it shall include in the notice the reason for the rejection.
AB100-ASA1-AA1,247,2520 4. On or before the first Friday following the first Monday in April following
21receipt of a copy of the application, if a resident school board denies a pupil's
22enrollment in a nonresident school district under sub. (6), (7) or (12) (b) 1., the
23resident school board shall notify the applicant and the nonresident school board, in
24writing, that the application has been denied and include in the notice the reason for
25the denial.
AB100-ASA1-AA1,248,4
15. If an application is accepted, on or before the 2nd Friday following the first
2Monday in May following receipt of the application, the nonresident school board
3shall notify the applicant, in writing, of the specific school or program that the pupil
4may attend in the following school year.
AB100-ASA1-AA1,248,85 6. If an application is accepted, on or before the first Friday following the first
6Monday in June following receipt of a notice of acceptance, the pupil's parent shall
7notify the nonresident school board of the pupil's intent to attend school in that school
8district in the following school year.
AB100-ASA1-AA1,248,129 (b) Notice to resident school district. Annually by June 30, each nonresident
10school board that has accepted a pupil under this section for attendance in the
11following school year shall report the name of the pupil to the pupil's resident school
12board.
AB100-ASA1-AA1,248,1913 (c) Subsequent reapplication; when required. 1. If a pupil's parent notifies a
14nonresident school board, under par. (a) 6., that the pupil intends to attend school
15in that school district in the following school year, the pupil may attend that school
16district in the following school year and may continue to attend that school district
17in succeeding school years without reapplying, except that the nonresident school
18board may require that the pupil reapply, no more than once, when the pupil enters
19middle school, junior high school or high school.
AB100-ASA1-AA1,248,2320 2. If at any time a pupil who is attending school in a nonresident school district
21under this section wishes to attend school in a different nonresident school district
22under this section, the pupil's parent shall follow the application procedures under
23par. (a).
AB100-ASA1-AA1,248,25 24(4) Adoption of policies and criteria. (a) By December 1, 1997, each school
25board shall adopt a resolution specifying all of the following:
AB100-ASA1-AA1,249,1
11. Its reapplication requirements, if any, under sub. (3) (c) 1.
AB100-ASA1-AA1,249,22 2. Its acceptance and rejection criteria under sub. (5) (a) and (b).
AB100-ASA1-AA1,249,33 3. A statement of the preference required under sub. (5) (c).
AB100-ASA1-AA1,249,44 4. Its transfer limitations, if any, under sub. (6).
AB100-ASA1-AA1,249,75 5. If the school district is eligible for aid under subch. VI of ch. 121, the
6limitation on transfers into or out of the school district imposed by the school board
7under sub. (7).
AB100-ASA1-AA1,249,128 6. Whether it will provide transportation under s. 121.54 (10) for some or all
9of the pupils who reside in the school district and attend school in a nonresident
10school district under this section for some or all of the pupils who reside in other
11school districts and attend its schools under this section, and the means, under s.
12121.55, by which it will provide such transportation.
AB100-ASA1-AA1,249,1413 (b) If the school board revises its criteria or policies under par. (a), it shall do
14so by resolution.
AB100-ASA1-AA1,249,17 15(5) Nonresident school district acceptance criteria. (a) Permissible criteria.
16 Except as provided in par. (c), the criteria for accepting and rejecting applications
17from nonresident pupils under sub. (3) (a) may include only the following:
AB100-ASA1-AA1,249,2118 1. The availability of space in the schools, programs, classes or grades within
19the nonresident school district, including any class size limits, pupil-teacher ratios,
20pupils attending the school district for whom tuition is paid under s. 121.78 (1) (a)
21or enrollment projections established by the nonresident school board.
AB100-ASA1-AA1,249,2522 2. Whether the pupil has been expelled from school by any school district
23during the current or 2 preceding school years for any of the following reasons or
24whether a disciplinary proceeding involving the pupil, which is based on any of the
25following reasons, is pending:
AB100-ASA1-AA1,250,3
1a. Conveying or causing to be conveyed any threat or false information
2concerning an attempt or alleged attempt being made or to be made to destroy any
3school property by means of explosives.
AB100-ASA1-AA1,250,54 b. Engaging in conduct while at school or while under supervision of a school
5authority that endangered the health, safety or property of others.
AB100-ASA1-AA1,250,96 c. Engaging in conduct while not at school or while not under the supervision
7of a school authority that endangered the health, safety or property of others at
8school or under the supervision of a school authority or of any employe of the school
9district or member of the school board.
AB100-ASA1-AA1,250,1110 d. Possessing a dangerous weapon, as defined in s. 939.22 (10), while at school
11or while under the supervision of a school authority.
AB100-ASA1-AA1,250,1712 4. Whether the special education program or related services described in the
13child's individualized education program under s. 115.80 (4) are available in the
14nonresident school district or whether there is space available in the special
15education program identified in the child's individualized education program,
16including any class size limits, pupil-teacher ratios or enrollment projections
17established by the nonresident school board.
AB100-ASA1-AA1,250,2018 5. Whether the child has been screened by his or her resident school board
19under s. 115.80 (2) to determine if there is reasonable cause to believe that the child
20is a child with exceptional educational needs.
AB100-ASA1-AA1,250,2421 6. Whether the child has been reported to his or her resident school board under
22s. 115.80 (1) or identified by his or her resident school board under s. 115.80 (2) but
23not yet evaluated by a multidisciplinary team appointed by his or her resident school
24board under s. 115.80 (3).
AB100-ASA1-AA1,251,6
1(b) Rejection after initial acceptance. The criteria under par. (a) may provide
2that, notwithstanding the nonresident school board's acceptance of an application
3under sub. (3) (a) 3., at any time prior to the beginning of the school year in which
4the pupil will first attend school in the school district under this section, the school
5board may notify the pupil that he or she may not attend school in the school district
6if the school board determines that any of the criteria under par. (a) 2. are met.
AB100-ASA1-AA1,251,97 (c) Required preference. A nonresident school board shall give preference in
8accepting applications under sub. (3) (a) to pupils and to siblings of pupils who are
9already attending public school in the nonresident school district.
AB100-ASA1-AA1,251,20 10(6) Resident school district transfer limitations. A school board may limit
11the number of its resident pupils attending public school in other school districts
12under this section in the 1998-99 school year to 3% of its membership. In each of the
137 succeeding school years, a school board may limit the number of its resident pupils
14attending public school in other school districts to an additional 1% of its
15membership. If more than the maximum allowable number of resident pupils apply
16to attend public school in other school districts in any school year under this section,
17the school board shall determine which pupils will be allowed to attend public school
18in other school districts on a random basis, except that the school board shall give
19preference to pupils who are already attending public school in the school district to
20which they are applying under this section and to siblings of such pupils.
AB100-ASA1-AA1,252,2 21(7) Racial balance. (a) The school board of a school district that is eligible for
22aid under subch. VI of ch. 121 shall reject any application for transfer into or out of
23the school district made under this section if the transfer would increase racial
24imbalance in the school district. A pupil who transfers out of a school district under
25subch. VI of ch. 121 shall not be counted in that school district's membership, as

1defined in s. 121.004 (5), for the purpose of determining the school district's racial
2balance under this paragraph.
AB100-ASA1-AA1,252,63 (b) The school board of a school district that receives applications for transfer
4into the school district under subch. VI of ch. 121 and this section may not accept
5applications made under this section until it has accepted or rejected all applications
6made under subch. VI of ch. 121.
AB100-ASA1-AA1,252,13 7(8) Disciplinary records. Notwithstanding s. 118.125, the resident school
8board shall provide to the nonresident school board to which a pupil has applied
9under this section, upon request by that school board, a copy of any expulsion
10findings and orders pertaining to the pupil, a copy of records of any pending
11disciplinary proceeding involving the pupil, a written explanation of the reasons for
12the expulsion or pending disciplinary proceeding and the length of the term of the
13expulsion or the possible outcomes of the pending disciplinary proceeding.
AB100-ASA1-AA1,252,19 14(9) Appeal of rejection. If the nonresident school board rejects an application
15under sub. (3) (a) or (7) or the resident school board prohibits a pupil from attending
16public school in a nonresident school district under sub. (6), (7) or (12) (b) 1., the
17pupil's parent may appeal the decision to the department within 30 days after the
18decision. The department shall affirm the school board's decision unless the
19department finds that the decision was arbitrary or unreasonable.
AB100-ASA1-AA1,252,24 20(10) Pupil assignment. A nonresident school board may assign pupils accepted
21to attend public school in the school district under this section to a school or program
22within the school district. The school board may give preference in attendance at a
23school, program, class or grade to residents of the school district who live outside the
24school's attendance area.
AB100-ASA1-AA1,253,13
1(12) Special education program or related services. (a) Unavailable after
2enrollment
. If the individualized education program for a pupil, developed or revised
3under s. 115.80 (4) after a child begins attending public school in a nonresident school
4district under this section, requires a special education program or related service
5that is not available in the nonresident school district or if there is no space available
6in the special education program identified in the child's individualized education
7program, including any class size limits, pupil-teacher ratios or enrollment
8projections established by the nonresident school board, the nonresident school
9board may notify the child's parent and the child's resident school board that the
10program or service is not available in the nonresident school district. If such notice
11is provided, the child shall be transferred to his or her resident school district, which
12shall provide an educational placement for the child under ss. 115.80 (4m) and 115.85
13(2).
AB100-ASA1-AA1,254,214 (b) Undue financial burden. 1. If the costs of the special education program
15or services required in the individualized education program under s. 115.80 (4) for
16a child with exceptional educational needs whose parent has submitted an
17application under sub. (3) (a), as proposed to be implemented by the nonresident
18school district, would impose upon the child's resident school district an undue
19financial burden in light of the resident school district's total economic
20circumstances, including its revenue limit under subch. VII of ch. 121, its ability to
21pay tuition costs for the pupil and the per pupil special education program or services
22costs for children with exceptional educational needs continuing to be served by the
23resident school district, the child's resident school board may notify the child's parent
24and the nonresident school board by the first Friday following the first Monday in

1April that the pupil may not attend the nonresident school district to which the child
2has applied.
AB100-ASA1-AA1,254,203 2. If the costs of the special education program or services required in an
4individualized education program for a pupil, developed or revised under s. 115.80
5(4) after a child begins attending public school in a nonresident school district under
6this section, as implemented or proposed to be implemented by the nonresident
7school district, would impose upon the child's resident school district an undue
8financial burden in light of the resident school district's total economic
9circumstances, including its revenue limit under subch. VII of ch. 121, its ability to
10pay tuition costs for the pupil and the per pupil special education program or services
11costs for children with exceptional educational needs continuing to be served by the
12resident school district, the child's resident school board may notify the pupil's
13parent and the nonresident school board that the program or services impose such
14an undue financial burden on the resident school district. If such notice is provided,
15the child shall be transferred to his or her resident school district, which shall provide
16an educational placement for the child under ss. 115.80 (4m) and 115.85 (2). The
17pupil's parent may appeal a required transfer under this subdivision to the
18department within 30 days after receipt of the notice. The department shall affirm
19the resident school board's determination unless the department finds that the
20determination was arbitrary or unreasonable.
AB100-ASA1-AA1,254,24 21(13) Rights and privileges of nonresident pupils. A pupil attending a public
22school in a nonresident school district under this section has all of the rights and
23privileges of pupils residing in that school district and is subject to the same rules
24and regulations as pupils residing in that school district.
AB100-ASA1-AA1,255,5
1(13m) Participation in certain programs. A pupil attending a public school in
2a nonresident school district under this section shall be considered a resident of the
3nonresident school district for the purposes of participating in programs of a
4cooperative educational service agency or a county handicapped children's education
5board.
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