Amendment AA8-ASA1-AB100

AB100-ASA1-AA8, s. 2753v Section 2753v. 115.74 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,276,14 115.74 (1) (intro.)  On or before July 1 in every even-numbered year, the department, in coordination with the board, state superintendent shall:

AB100-ASA1-AA8, s. 2753w Section 2753w. 115.74 (2) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,276,20 115.74 (2) (intro.)  Annually, on or before July 1, the department, in coordination with the board, state superintendent shall evaluate all available resources and programs which are or could be directed toward meeting the educational needs of American Indian pupils. The evaluation shall include information on:

AB100-ASA1-AA8, s. 2753x Section 2753x. 115.74 (4) of the statutes is amended to read:

AB100-ASA1-AA8,277,4 115.74 (4) The department, in coordination with the board, state superintendent shall prepare a biennial report which shall be included as an addendum to the department's biennial report under s. 15.04 (1) (d). The report shall include the results of the most recent assessment of needs and evaluation of programs under sub. (1), the evaluation of resources under sub. (2) and recommendations for legislation in the area of American Indian language and culture education.".

AB100-ASA1-AA8,277,5 982. Page 1248, line 10: after that line insert:

AB100-ASA1-AA8,277,6 " Section 2758d. 115.80 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA8,277,16 115.80 (1) (a) A parent or a physician, nurse, teacher at a state or county residential facility, psychologist, social worker or administrator of a social agency who has reasonable cause to believe that a child brought to him or her for services has exceptional educational needs shall report the name of the child and any other information required to the school board for the school district or governing body of a state or county residential facility in which the child resides or to the division, except as provided in par. (b). If the child is attending a public school in a nonresident school district under s. 118.51, the school board shall provide the name of the child and related information to the school board of the school district that the child is attending.

AB100-ASA1-AA8, s. 2758g Section 2758g. 115.80 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA8,277,24 115.80 (1) (b) A person who is required to be certified or licensed under s. 115.28 (7), who is employed by the school district in which a child attends public school and who has reasonable cause to believe a child has exceptional educational needs shall report such child and any other information required to the school board of that school district. If the child is a nonresident who is attending public school in the school district under s. 118.51, the school board shall provide the name of the child and related information to the school board of the child's school district of residence.

AB100-ASA1-AA8, s. 2758k Section 2758k. 115.80 (2) of the statutes is amended to read:

AB100-ASA1-AA8,278,9 115.80 (2) School district screening. Each school board is responsible for screening each child who resides in the school district and has not graduated from high school to determine if there is reasonable cause to believe that the child is a child with exceptional educational needs. If the child is attending a public school in a nonresident school district under s. 118.51 and the school board determines that there is reasonable cause to believe that the child is a child with exceptional educational needs, the school board shall provide the name of the child and related information to the school board of the school district that the child is attending.".

AB100-ASA1-AA8,278,11 983. Page 1248, line 12: delete "The" and substitute "The Except as provided in par. (am), the".

AB100-ASA1-AA8,278,12 984. Page 1249, line 3: after that line insert:

AB100-ASA1-AA8,278,13 " Section 2760b. 115.80 (3) (am) of the statutes is created to read:

AB100-ASA1-AA8,278,16 115.80 (3) (am) If a child is attending a public school in a nonresident school district under s. 118.51, the school board of the school district that the child is attending shall appoint the multidisciplinary team under par. (a).

AB100-ASA1-AA8, s. 2760e Section 2760e. 115.80 (3) (b) of the statutes is amended to read:

AB100-ASA1-AA8,279,2 115.80 (3) (b) Except as provided under s. 115.81 (1) (1m) (b), the multidisciplinary team appointed under par. (a) or (am) shall, upon written parental consent, evaluate each child reported to the school board under sub. (1) who resides in the school district and has not graduated from high school and each child identified under sub. (2). If the multidisciplinary team is appointed under par. (am), as part of its evaluation of the child, the multidisciplinary team shall consult with appropriate personnel designated by the school board of the child's school district of residence.

AB100-ASA1-AA8, s. 2760h Section 2760h. 115.80 (3) (d) of the statutes is amended to read:

AB100-ASA1-AA8,279,7 115.80 (3) (d) The multidisciplinary team shall recommend a child to the school board for special education if it to the school board that appointed the multidisciplinary team under par. (a) or (am) if the multidisciplinary team determines that the child is a child with exceptional educational needs.

AB100-ASA1-AA8, s. 2760k Section 2760k. 115.80 (4) (a) of the statutes is amended to read:

AB100-ASA1-AA8,279,20 115.80 (4) (a) A school board shall appoint staff to develop an individualized education program for each child recommended to it for special education under sub. (3) (d) who is 3 years of age or older. An individualized education program establishes the education program to be provided a child with exceptional educational needs. School board staff shall review each child's individualized education program at least annually. If the child is attending a public school in a nonresident school district under s. 118.51, the school board of the school district that the child is attending shall notify the school board of the school district in which the child resides and the individualized education program for the child shall be developed, and reviewed at least annually, by staff appointed by the school board of the school district that the child is attending in collaboration with appropriate personnel designated by the school board of the school district in which the child resides.

AB100-ASA1-AA8, s. 2760m Section 2760m. 115.80 (4m) of the statutes is amended to read:

AB100-ASA1-AA8,280,5 115.80 (4m) Educational placement. A school board shall provide an educational placement under s. 115.85 (2) for each child with exceptional educational needs to implement the child's individualized education program. Except as provided in s. 118.51 (12) (a) and (b) 2., if a child with exceptional educational needs is attending a public school in a nonresident school district under s. 118.51, the school board of the school district that the child is attending shall provide an educational placement under s. 115.85 (2) for the child. Except as provided in s. 115.81 (1) (1m) (b), a school board may not provide an educational placement for a child without the consent of the child's parent.

AB100-ASA1-AA8, s. 2760p Section 2760p. 115.80 (5) (b) 3. of the statutes is amended to read:

AB100-ASA1-AA8,280,8 115.80 (5) (b) 3. This paragraph does not impair a parent's right to a hearing under s. 115.81 (1) (1m) (a).

AB100-ASA1-AA8, s. 2760r Section 2760r. 115.81 (1) of the statutes is renumbered 115.81 (1m).

AB100-ASA1-AA8, s. 2760t Section 2760t. 115.81 (1) of the statutes is created to read:

AB100-ASA1-AA8,280,13 115.81 (1) Definition. In this section, except as otherwise provided, for a child attending a public school in a nonresident school district under s. 118.51, "school board" means the school board of the school district in which the child resides.

AB100-ASA1-AA8, s. 2760v Section 2760v. 115.81 (2) of the statutes is amended to read:

AB100-ASA1-AA8,280,18 115.81 (2) Notices. A school board , including the school board of a school district that a child is attending under s. 118.51, shall fully inform the parent of any action it plans to take regarding the parent's child and of all procedural safeguards available to the parent.

AB100-ASA1-AA8, s. 2760x Section 2760x. 115.81 (3) of the statutes is amended to read:

AB100-ASA1-AA8,281,3 115.81 (3) Status during hearing and court proceeding. The A school board, including the school board of a school district that a child is attending under s. 118.51, may not change the educational placement of a child with exceptional educational needs who is the subject of a hearing or court proceeding conducted under this subchapter during the pendency of the hearing or court proceeding unless the change is made with the written consent of the child's parent. If the health or safety of the child or of other persons would be endangered by delaying the change in assignment, the change may be made earlier, upon order of the school board, but without prejudice to any rights that the child or parent may have.

AB100-ASA1-AA8, s. 2760z Section 2760z. 115.81 (6) of the statutes is amended to read:

AB100-ASA1-AA8,281,15 115.81 (6) Hearing and decision. Upon receipt of a written request for a hearing under sub. (1) (1m), the department shall appoint an impartial hearing officer who is not otherwise employed by the department from the list maintained under sub. (4m). The hearing officer shall conduct the hearing and shall issue a decision within 45 days of the receipt of the request for the hearing under sub. (1) (1m). The hearing officer may issue subpoenas, order an independent evaluation at school board expense and grant specific extensions of time for cause at the request of either party. If the hearing officer grants an extension of time, he or she shall include that extension and the reason for the extension in the record of the proceedings. The school board shall pay the cost of the hearing officer. Sections 227.44 to 227.50 do not apply to hearings conducted under this subsection.".

AB100-ASA1-AA8,281,16 985. Page 1250, line 12: after that line insert:

AB100-ASA1-AA8,281,17 " Section 2762g. 115.85 (1) (e) of the statutes is created to read:

AB100-ASA1-AA8,281,22 115.85 (1) (e) Notwithstanding par. (a) and except as provided in s. 118.51 (12) (a) and (b) 2., if a child with exceptional educational needs is attending a public school in a nonresident school district under s. 118.51, the school board of the school district that the child is attending shall ensure that appropriate special education programs and related services are available to the child.

AB100-ASA1-AA8, s. 2762r Section 2762r. 115.85 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA8,282,4 115.85 (2) (a) If the school district that the child attends, the county program in which the child resides school district participates or the cooperative educational service agency for the school district in which the child resides operates an appropriate special education program, the child shall be placed in such program.".

AB100-ASA1-AA8,282,5 986. Page 1251, line 5: after that line insert:

AB100-ASA1-AA8,282,6 " Section 2765m. 115.85 (2) (f) of the statutes is created to read:

AB100-ASA1-AA8,282,12 115.85 (2) (f) If a child with exceptional educational needs is attending a public school in a nonresident school district under s. 118.51, the school board of the school district that the child is attending shall provide an appropriate educational placement for the child under this subsection and shall pay tuition charges instead of the school district in which the child resides if any of the placement options under pars. (am) to (d) are utilized.".

AB100-ASA1-AA8,282,13 987. Page 1251, line 14: after that line insert:

AB100-ASA1-AA8,282,15 " Section 2766am. 115.85 (3) (a), (c) and (d) of the statutes are amended to read:

AB100-ASA1-AA8,282,22 115.85 (3) (a) The total number of children who reside in the school district and the total number of children who attend the school district under s. 118.51 who have been placed in special education programs under s. 115.85 (2), the exceptional educational needs of each such child and the school attended or special education received by each such child. The report shall also specify the number of children with exceptional educational needs who are known to the school district and who are under the age of 3 years and the exceptional educational needs of each such child.

AB100-ASA1-AA8,283,2 (c) A description of the special education programs in which children who reside in the school district or who attend the school district under s. 118.51 have been placed under sub. (2), the number of persons attending each pursuant to sub. (2) and the qualifications of the staff of each such special education program.

AB100-ASA1-AA8,283,6 (d) An evaluation, in terms of the goals identified under s. 115.78 (5), of the progress made by each special education program in which children who reside in the school district or who attend the school district under s. 118.51 are placed under sub. (2).".

AB100-ASA1-AA8,283,8 988. Page 1251, line 20: delete that line and substitute "of the pupil's residence spent in county program classes in the previous school year".

AB100-ASA1-AA8,283,9 989. Page 1252, line 25: after that line insert:

AB100-ASA1-AA8,283,10 " Section 2767kg. 115.87 (1) of the statutes is renumbered 115.87 (2).

AB100-ASA1-AA8, s. 2767kr Section 2767kr. 115.87 (1) of the statutes is created to read:

AB100-ASA1-AA8,283,15 115.87 (1) In this section, if a child with exceptional educational needs is attending a public school in a nonresident school district under s. 118.51, "school district in which the child resides" and "school district of residence" mean the school district that the child attends under s. 118.51.".

AB100-ASA1-AA8,283,17 990. Page 1255, line 5: delete "of residence" and substitute " of residence in which the child resides or the school district attended by the child under s. 118.51 ".

AB100-ASA1-AA8,283,18 991. Page 1256, line 6: after that line insert:

AB100-ASA1-AA8,283,19 " Section 2768k. 115.92 (1) of the statutes is amended to read:

AB100-ASA1-AA8,284,2 115.92 (1) Any school board may establish a program for school age parents who are residents of the school district. The program shall be designed to provide services and instruction to meet the needs of school age parents, including education on the skills required of a parent; family planning, as defined in s. 253.07 (1) (a), including natural family planning; and information on adoption services. The program shall be coordinated with existing vocational and job training programs in the school district.".

AB100-ASA1-AA8,284,3 992. Page 1264, line 17: after that line insert:

AB100-ASA1-AA8,284,4 " Section 2780d. 117.20 of the statutes is amended to read:

AB100-ASA1-AA8,284,8 117.20 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-AA8,284,19 (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-AA8,284,20 993. Page 1266, line 13: after that line insert:

AB100-ASA1-AA8,284,21 " Section 2782j. 118.019 (2) (e) of the statutes is amended to read:

AB100-ASA1-AA8,285,2 118.019 (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-AA8,285,3 994. Page 1267, line 3: after that line insert:

AB100-ASA1-AA8,285,4 " Section 2783g. 118.125 (2) (d) of the statutes is amended to read:

AB100-ASA1-AA8,286,4 118.125 (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-AA8, s. 2785b Section 2785b. 118.127 (2) of the statutes is amended to read:

AB100-ASA1-AA8,286,18 118.127 (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-AA8, s. 2785bm Section 2785bm. 118.127 (2m) of the statutes is repealed.

AB100-ASA1-AA8, s. 2785c Section 2785c. 118.127 (3) of the statutes is repealed.".

AB100-ASA1-AA8,286,21 995. Page 1267, line 24: after that line insert:

AB100-ASA1-AA8,286,22 " Section 2787b. 118.145 (4) of the statutes is created to read:

AB100-ASA1-AA8,287,4 118.145 (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 each school semester 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-AA8,287,6 996. 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-AA8,287,7 997. Page 1280, line 21: after that line insert:

AB100-ASA1-AA8,287,11 "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-AA8,287,12 998. Page 1280, line 22: delete "118.30 (1g)" and substitute "(b)".

AB100-ASA1-AA8,287,15 999. 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-AA8,287,17 1000. Page 1280, line 24: delete that line and substitute "standards issued as an executive order under s. 14.23".

AB100-ASA1-AA8,287,18 1001. Page 1280, line 25: delete "sub. (1) (b)".

AB100-ASA1-AA8,287,19 1002. Page 1281, line 13: delete "1999-2000" and substitute "2000-01".

AB100-ASA1-AA8,287,20 1003. Page 1281, line 14: after "(1g)" insert "(b)".

AB100-ASA1-AA8,287,21 1004. Page 1282, line 10: delete "2001" and substitute "2002".

AB100-ASA1-AA8,287,22 1005. Page 1282, line 17: after "from" insert "the".

AB100-ASA1-AA8,287,23 1006. Page 1284, line 24: delete that line.

AB100-ASA1-AA8,288,2 1007. Page 1292, line 20: delete the material beginning with that line and ending with page 1293, line 4, and substitute:

AB100-ASA1-AA8,288,6 "118.40 (3) (b) A contract under par. (a) or under sub. subs. (2m) or (2r) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid by the school board to the charter school during each school year of the contract.".