AB100-ASA1-AA8,292,2219
c. Engaging in conduct while not at school or while not under the supervision
20of a school authority that endangered the health, safety or property of others at
21school or under the supervision of a school authority or of any employe of the school
22district or member of the school board.
AB100-ASA1-AA8,292,2423
d. Possessing a dangerous weapon, as defined in s. 939.22 (10), while at school
24or while under the supervision of a school authority.
AB100-ASA1-AA8,293,6
14. Whether the special education program or related services described in the
2child's individualized education program under s. 115.80 (4) are available in the
3nonresident school district or whether there is space available in the special
4education program identified in the child's individualized education program,
5including any class size limits, pupil-teacher ratios or enrollment projections
6established by the nonresident school board.
AB100-ASA1-AA8,293,97
5. Whether the child has been screened by his or her resident school board
8under s. 115.80 (2) to determine if there is reasonable cause to believe that the child
9is a child with exceptional educational needs.
AB100-ASA1-AA8,293,1310
6. Whether the child has been reported to his or her resident school board under
11s. 115.80 (1) or identified by his or her resident school board under s. 115.80 (2) but
12not yet evaluated by a multidisciplinary team appointed by his or her resident school
13board under s. 115.80 (3).
AB100-ASA1-AA8,293,1914
(b)
Rejection after initial acceptance. The criteria under par. (a) may provide
15that, notwithstanding the nonresident school board's acceptance of an application
16under sub. (3) (a) 3., at any time prior to the beginning of the school year in which
17the pupil will first attend school in the school district under this section, the school
18board may notify the pupil that he or she may not attend school in the school district
19if the school board determines that any of the criteria under par. (a) 2. are met.
AB100-ASA1-AA8,293,2220
(c)
Required preference. A nonresident school board shall give preference in
21accepting applications under sub. (3) (a) to pupils and to siblings of pupils who are
22already attending public school in the nonresident school district.
AB100-ASA1-AA8,294,8
23(6) Resident school district transfer limitations. A school board may limit
24the number of its resident pupils attending public school in other school districts
25under this section in the 1998-99 school year to 3% of its membership. In each of the
17 succeeding school years, a school board may limit the number of its resident pupils
2attending public school in other school districts to an additional 1% of its
3membership. If more than the maximum allowable number of resident pupils apply
4to attend public school in other school districts in any school year under this section,
5the school board shall determine which pupils will be allowed to attend public school
6in other school districts on a random basis, except that the school board shall give
7preference to pupils who are already attending public school in the school district to
8which they are applying under this section and to siblings of such pupils.
AB100-ASA1-AA8,294,15
9(7) Racial balance. (a) The school board of a school district that is eligible for
10aid under subch. VI of ch. 121 shall reject any application for transfer into or out of
11the school district made under this section if the transfer would increase racial
12imbalance in the school district. A pupil who transfers out of a school district under
13subch. VI of ch. 121 shall not be counted in that school district's membership, as
14defined in s. 121.004 (5), for the purpose of determining the school district's racial
15balance under this paragraph.
AB100-ASA1-AA8,294,1916
(b) The school board of a school district that receives applications for transfer
17into the school district under subch. VI of ch. 121 and this section may not accept
18applications made under this section until it has accepted or rejected all applications
19made under subch. VI of ch. 121.
AB100-ASA1-AA8,295,2
20(8) Disciplinary records. Notwithstanding s. 118.125, the resident school
21board shall provide to the nonresident school board to which a pupil has applied
22under this section, upon request by that school board, a copy of any expulsion
23findings and orders pertaining to the pupil, a copy of records of any pending
24disciplinary proceeding involving the pupil, a written explanation of the reasons for
1the expulsion or pending disciplinary proceeding and the length of the term of the
2expulsion or the possible outcomes of the pending disciplinary proceeding.
AB100-ASA1-AA8,295,8
3(9) Appeal of rejection. If the nonresident school board rejects an application
4under sub. (3) (a) or (7) or the resident school board prohibits a pupil from attending
5public school in a nonresident school district under sub. (6), (7) or (12) (b) 1., the
6pupil's parent may appeal the decision to the department within 30 days after the
7decision. The department shall affirm the school board's decision unless the
8department finds that the decision was arbitrary or unreasonable.
AB100-ASA1-AA8,295,13
9(10) Pupil assignment. A nonresident school board may assign pupils accepted
10to attend public school in the school district under this section to a school or program
11within the school district. The school board may give preference in attendance at a
12school, program, class or grade to residents of the school district who live outside the
13school's attendance area.
AB100-ASA1-AA8,296,2
14(12) Special education program or related services. (a)
Unavailable after
15enrollment. If the individualized education program for a pupil, developed or revised
16under s. 115.80 (4) after a child begins attending public school in a nonresident school
17district under this section, requires a special education program or related service
18that is not available in the nonresident school district or if there is no space available
19in the special education program identified in the child's individualized education
20program, including any class size limits, pupil-teacher ratios or enrollment
21projections established by the nonresident school board, the nonresident school
22board may notify the child's parent and the child's resident school board that the
23program or service is not available in the nonresident school district. If such notice
24is provided, the child shall be transferred to his or her resident school district, which
1shall provide an educational placement for the child under ss. 115.80 (4m) and 115.85
2(2).
AB100-ASA1-AA8,296,153
(b)
Undue financial burden. 1. If the costs of the special education program
4or services required in the individualized education program under s. 115.80 (4) for
5a child with exceptional educational needs whose parent has submitted an
6application under sub. (3) (a), as 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 child's parent
13and the nonresident school board by the first Friday following the first Monday in
14April that the pupil may not attend the nonresident school district to which the child
15has applied.
AB100-ASA1-AA8,297,816
2. If the costs of the special education program or services required in an
17individualized education program for a pupil, developed or revised under s. 115.80
18(4) after a child begins attending public school in a nonresident school district under
19this section, as implemented or proposed to be implemented by the nonresident
20school district, would impose upon the child's resident school district an undue
21financial burden in light of the resident school district's total economic
22circumstances, including its revenue limit under subch. VII of ch. 121, its ability to
23pay tuition costs for the pupil and the per pupil special education program or services
24costs for children with exceptional educational needs continuing to be served by the
25resident school district, the child's resident school board may notify the pupil's
1parent and the nonresident school board that the program or services impose such
2an undue financial burden on the resident school district. If such notice is provided,
3the child shall be transferred to his or her resident school district, which shall provide
4an educational placement for the child under ss. 115.80 (4m) and 115.85 (2). The
5pupil's parent may appeal a required transfer under this subdivision to the
6department within 30 days after receipt of the notice. The department shall affirm
7the resident school board's determination unless the department finds that the
8determination was arbitrary or unreasonable.
AB100-ASA1-AA8,297,12
9(13) Rights and privileges of nonresident pupils. A pupil attending a public
10school in a nonresident school district under this section has all of the rights and
11privileges of pupils residing in that school district and is subject to the same rules
12and regulations as pupils residing in that school district.
AB100-ASA1-AA8,297,17
13(13m) Participation in certain programs. A pupil attending a public school in
14a nonresident school district under this section shall be considered a resident of the
15nonresident school district for the purposes of participating in programs of a
16cooperative educational service agency or a county handicapped children's education
17board.
AB100-ASA1-AA8,297,21
18(14) Transportation. (a)
Responsibility. 1. Except as provided in subd. 2., the
19parent of a pupil attending public school in a nonresident school district under this
20section is responsible for transporting the pupil to and from school in the nonresident
21school district attended by the pupil.
AB100-ASA1-AA8,297,2522
2. If the pupil is a child with exceptional educational needs and transportation
23of the pupil is required in the individualized education program developed for the
24child under s. 115.80 (4) or is required under s. 121.54 (3), the nonresident school
25district shall provide such transportation for the child.
AB100-ASA1-AA8,298,17
1(b)
Low-income assistance. The parent of a pupil who is eligible for a free or
2reduced-price lunch under
42 USC 1758 (b) and who will be attending public school
3in a nonresident school district in the following school year under this section may
4apply to the department, on the form prepared under sub. (15) (a), for the
5reimbursement of costs incurred by the parent for the transportation of the pupil to
6and from the pupil's residence and the school that the pupil will be attending. The
7department shall determine the reimbursement amount and shall pay the amount
8from the appropriation under s. 20.255 (2) (cy). The reimbursement amount may not
9exceed the actual transportation costs incurred by the parent or 3 times the
10statewide average per pupil transportation costs, whichever is less. If the
11appropriation under s. 20.255 (2) (cy) in any one year is insufficient to pay the full
12amount of approved claims under this paragraph, payments shall be prorated among
13the parents entitled thereto. By the 2nd Friday following the first Monday in May
14following receipt of the parent's application under sub. (3) (a), the department shall
15provide to each parent requesting reimbursement under this paragraph an estimate
16of the amount of reimbursement that the parent will receive if the pupil attends
17public school in the nonresident school district in the following school year.
AB100-ASA1-AA8,298,18
18(15) Department duties. The department shall do all of the following:
AB100-ASA1-AA8,298,2219
(a)
Application form. Prepare, distribute to school districts and make available
20to parents an application form to be used by parents under sub. (3) (a). The form shall
21include provisions that permit a parent to apply for transportation reimbursement
22under sub. (14) (b).
AB100-ASA1-AA8,299,223
(b)
Information and assistance. Develop and implement an outreach program
24to educate parents about the open enrollment program under this section, including
25activities specifically designed to educate low-income parents, and services to
1answer parents' questions about the program and assist them in exercising the open
2enrollment option provided under this section.
AB100-ASA1-AA8,299,83
(c)
Annual report. Annually submit a report to the governor, and to the
4appropriate standing committees of the legislature under s. 13.172 (3), on the
5number of pupils who applied to attend public school in a nonresident school district
6under this section, the number of applications denied and the bases for the denials,
7and the number of pupils attending public school in a nonresident school district
8under this section.
AB100-ASA1-AA8,299,10
9(16) State aid adjustments. (a) Annually, the department shall determine all
10of the following:
AB100-ASA1-AA8,299,1311
1. For each school district, the number of nonresident pupils attending public
12school in the school district under this section, other than pupils for whom tuition is
13paid under sub. (17).
AB100-ASA1-AA8,299,1614
2. For each school district, the number of resident pupils attending public
15school in a nonresident school district under this section, other than pupils for whom
16tuition is paid under sub. (17).
AB100-ASA1-AA8,299,1917
3. The statewide average per pupil school district cost for regular instruction,
18cocurricular activities, instructional support services and pupil support services in
19the previous school year.
AB100-ASA1-AA8,299,2320
(b) 1. If the number determined in par. (a) 1. is greater than the number
21determined in par. (a) 2. for a school district, the department shall increase that
22school district's state aid payment under s. 121.08 by an amount equal to the
23difference multiplied by the amount determined under par. (a) 3.
AB100-ASA1-AA8,300,824
2. If the number determined in par. (a) 1. is less than the number determined
25in par. (a) 2. for a school district, the department shall decrease that school district's
1state aid payment under s. 121.08 by an amount equal to the difference multiplied
2by the amount determined under par. (a) 3. If the state aid payment under s. 121.08
3is insufficient to cover the reduction, the department shall decrease other state aid
4payments made by the department to the school district by the remaining amount.
5If the state aid payment under s. 121.08 and other state aid payments made by the
6department to the school district are insufficient to cover the reduction, the
7department shall use the moneys appropriated under s. 20.255 (2) (cg) to pay the
8balance to school districts under subd. 1.
AB100-ASA1-AA8,300,129
(c) If a pupil attends public school in a nonresident school district under this
10section for less than a full school term, the department shall prorate the state aid
11adjustments under this subsection based on the number of days that school is in
12session and the pupil attends public school in the nonresident school district.
AB100-ASA1-AA8,300,1513
(d) The department shall ensure that the aid adjustment under par. (b) does
14not affect the amount determined to be received by a school district as state aid under
15s. 121.08 for any other purpose.
AB100-ASA1-AA8,300,21
16(17) Special education tuition. The resident school board shall pay to the
17nonresident school board, for each child who is attending public school in the
18nonresident school district under this section and is enrolled in a program for
19children with exceptional educational needs, tuition calculated using the daily
20tuition rate under s. 121.83 for children enrolled in such programs in the nonresident
21school district, or an amount agreed to by the school boards of the 2 school districts.
AB100-ASA1-AA8,300,23
23118.52 Part-time open enrollment. (1) Definitions. In this section:
AB100-ASA1-AA8,300,2524
(a) "Nonresident school board" means the school board of a nonresident school
25district.
AB100-ASA1-AA8,301,3
1(b) "Nonresident school district" means a school district, other than a pupil's
2resident school district, in which the pupil is attending a course or has applied to
3attend a course under this section.
AB100-ASA1-AA8,301,44
(c) "Parent" includes a guardian.
AB100-ASA1-AA8,301,55
(d) "Resident school board" means the school board of a resident school district.
AB100-ASA1-AA8,301,66
(e) "Resident school district" means the school district in which a pupil resides.
AB100-ASA1-AA8,301,11
7(2) Applicability. Beginning in the 1998-99 school year, a pupil enrolled in a
8public school in the high school grades may attend public school in a nonresident
9school district under this section for the purpose of taking a course offered by the
10nonresident school district. A pupil may attend no more than 2 courses at any time
11in nonresident school districts under this section.
AB100-ASA1-AA8,301,20
12(3) Application procedures. (a) The parent of a pupil who wishes to attend
13public school in a nonresident school district for the purpose of taking a course under
14this section shall submit an application, on a form provided by the department, to the
15school board of the nonresident school district in which the pupil wishes to attend a
16course not later than 6 weeks prior to the date on which the course is scheduled to
17commence. The application shall specify the course that the pupil wishes to attend
18and may specify the school or schools at which the pupil wishes to attend the course.
19The nonresident school board shall send a copy of the application to the pupil's
20resident school board.
AB100-ASA1-AA8,301,2321
(b) If a nonresident school board receives more applications for a particular
22course than there are spaces available in the course, the nonresident school board
23shall determine which pupils to accept on a random basis.
AB100-ASA1-AA8,302,524
(c) No later than one week prior to the date on which the course is scheduled
25to commence, the nonresident school board shall notify the applicant and the
1resident school board, in writing, whether the application has been accepted and, if
2the application is accepted the school at which the pupil may attend the course. The
3acceptance applies only for the following semester, school year or other session in
4which the course is offered. If the nonresident school board rejects an application,
5it shall include in the notice the reason for the rejection.
AB100-ASA1-AA8,302,76
(d) No later than one week prior to the date on which the course is scheduled
7to commence, the resident school board shall do all of the following:
AB100-ASA1-AA8,302,118
1. If it denies an application to attend public school in a nonresident school
9district under sub. (6), notify the applicant and the nonresident school board, in
10writing, that the application has been denied and include in the notice the reason for
11the rejection.
AB100-ASA1-AA8,302,1412
2. If it determines that the course does not satisfy high school graduation
13requirements under s. 118.33 in the resident school district, notify the applicant in
14writing.
AB100-ASA1-AA8,302,1815
(e) Following receipt of a notice of acceptance but prior to the date on which the
16course is scheduled to commence, the pupil's parent shall notify the resident school
17board and nonresident school board of the pupil's intent to attend the course in the
18nonresident school district.
AB100-ASA1-AA8,302,22
19(4) Adoption of policies and criteria. By December 1, 1997, each school board
20shall adopt a resolution specifying the criteria and policies described in subs. (5) and
21(6). If the school board wishes to revise the criteria or policies, it shall do so by
22resolution.
AB100-ASA1-AA8,303,3
23(5) Nonresident school district acceptance and rejection criteria. School
24board policies and criteria for accepting and rejecting applications under sub. (3)
25from pupils who reside in another school district shall be the same as the policies and
1criteria for entry into the course that apply to pupils who reside in the school district,
2except that the school board may give preference in attendance in a course to
3residents of the school district.
AB100-ASA1-AA8,303,8
4(6) Resident school district rejection criteria. (a)
Individualized education
5program requirements. The school board of a pupil's resident school district shall
6reject a pupil's application to attend a course in a public school in a nonresident
7school district if the resident school board determines that the course conflicts with
8the individualized education program for the pupil under s. 115.80 (4).
AB100-ASA1-AA8,303,159
(b)
Undue financial burden. The school board of a pupil's resident school
10district may reject an application to attend a course in a public school in a
11nonresident school district if the cost of the course would impose upon the resident
12school district an undue financial burden in light of the resident school district's total
13economic circumstances, including its revenue limit under subch. VII of ch. 121, its
14ability to pay tuition costs for the pupil and the per pupil costs for children continuing
15to be served by the resident school district.
AB100-ASA1-AA8,303,22
16(8) Appeal of rejection. If an application is rejected under sub. (5) or a pupil
17is prohibited from attending a course in a public school in a nonresident school
18district under sub. (6), the pupil's parent may appeal the decision to the department
19within 30 days after the decision. The department shall affirm the school board's
20decision unless the department finds that the decision was arbitrary or
21unreasonable. The department's decision is final and is not subject to judicial review
22under subch. III of ch. 227.
AB100-ASA1-AA8,304,2
23(9) Rights and privileges of nonresident pupils. A pupil attending a course
24in a public school in a nonresident school district under this section has all of the
1rights and privileges of pupils residing in that school district and is subject to the
2same rules and regulations as pupils residing in that school district.
AB100-ASA1-AA8,304,9
3(10) Disciplinary records. Notwithstanding s. 118.125, the resident school
4board shall provide to the nonresident school board to which a pupil has applied
5under this section, upon request by that school board, a copy of any expulsion
6findings and orders, a copy of records of any pending disciplinary proceeding
7involving the pupil, a written explanation of the reasons for the expulsion or pending
8disciplinary proceeding and the length of the term of the expulsion or the possible
9outcomes of the pending disciplinary proceeding.
AB100-ASA1-AA8,304,13
10(11) Transportation. (a)
Responsibility. The parent of a pupil attending a
11course in a public school in a nonresident school district under this section is
12responsible for transporting the pupil to and from the course that the pupil is
13attending.
AB100-ASA1-AA8,304,2314
(b)
Low-income assistance. The parent of a pupil who is attending a course in
15a public school in a nonresident school district under this section may apply to the
16department for reimbursement of the costs incurred by the parent for the
17transportation of the pupil to and from the pupil's residence or school in which the
18pupil is enrolled and the school at which the pupil is attending the course if the pupil
19and parent are unable to pay the cost of such transportation. The department shall
20determine the reimbursement amount and shall pay the amount from the
21appropriation under s. 20.255 (2) (cw). The department shall give preference under
22this paragraph to those pupils who are eligible for a free or reduced-price lunch
23under
42 USC 1758 (b).
AB100-ASA1-AA8,305,2
24(12) Tuition. The resident school board shall pay to the nonresident school
25board for each pupil attending a course in a public school in the nonresident school
1district under this section an amount equal to the cost of providing the course to the
2pupil, calculated in a manner determined by the department.".
AB100-ASA1-AA8,305,17
11"2. Notwithstanding subd. 1., if the pupil is attending the technical college for
12less than 10 credits during any semester, the school board is not responsible for
13payment for any courses that are comparable to courses offered in the school district.
14If the pupil is attending the technical college for 10 or more credits during any
15semester, the school board is responsible for payment for courses that are comparable
16to courses offered in the school district for one-half of the credits taken but no more
17than 6 credits.".
AB100-ASA1-AA8,306,2
19"(dg) 1. If, by September 15, 1997, or within 30 days after the effective date of
20this subdivision .... [revisor inserts date], whichever is later, the technical college
21system board, the Wisconsin Association of School Boards and the School
22Administrators Alliance agree on a different method than the method under par. (d)
23for determining the amount that a school board must pay a technical college district
24board for each pupil attending a technical college under this subsection, they shall
1submit it to the department by September 15, 1997, or within 30 days after the
2effective date of this subdivision .... [revisor inserts date], whichever is later.
AB100-ASA1-AA8,306,123
2. Within 30 days after receiving the recommended method under subd. 1., the
4department shall approve or reject it. If the department approves the method it shall
5immediately submit the method to the cochairpersons of the joint committee on
6finance. If the cochairpersons of the joint committee on finance do not notify the
7department that the committee has scheduled a meeting for the purpose of reviewing
8the method within 14 working days after the date that the method was submitted,
9the method is approved. If, within 14 working days after the date that the method
10was submitted, the cochairpersons of the committee notify the department that the
11committee has scheduled a meeting for the purpose of reviewing the method, the
12method is not approved until the committee approves it.
AB100-ASA1-AA8,306,1613
3. If the method is approved by the department and by the joint committee on
14finance under subd. 2., the department shall promulgate rules implementing the
15method beginning with pupils attending a technical college in the 1998 spring
16semester.".
AB100-ASA1-AA8,307,221
119.48
(4) (b) The communication shall state the purposes for which the funds
22from the increase in the levy rate will be used and shall request the common council
23to submit to the voters of the city the question of exceeding the levy rate specified in
1s. 65.07 (1) (f) at
the September election or a special an election
authorized under s.
28.065.
AB100-ASA1-AA8,307,154
119.48
(4) (c) Upon receipt of the communication, the common council shall
5cause the question of exceeding the levy rate specified under s. 65.07 (1) (f) to be
6submitted to the voters of the city at the
September election or at a special next 7election
authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to
8be held not sooner than 45 days after receipt of the communication. The question of
9exceeding the levy rate specified under s. 65.07 (1) (f) shall be submitted upon a
10separate ballot or in some other manner so that the vote upon exceeding the levy rate
11specified in s. 65.07 (1) (f) is taken separately from any other question submitted to
12the voters. If a majority of the electors voting on the question favors exceeding the
13levy rate specified under s. 65.07 (1) (f), the common council shall approve the
14increase in the levy rate and shall levy and collect a tax equal to the amount of money
15approved by the electors.".
AB100-ASA1-AA8,307,2318
119.49
(1) (b) The communication shall state the amount of funds needed under
19par. (a) and the purposes for which the funds will be used and shall request the
20common council to submit to the voters of the city at the next election
authorized
21under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held in the city
22not sooner than 45 days after receipt of the communication the question of issuing
23school bonds in the amount and for the purposes stated in the communication.
AB100-ASA1-AA8,308,12
1119.49
(2) Upon receipt of the communication, the common council shall cause
2the question of issuing such school bonds in the stated amount and for the stated
3school purposes to be submitted to the voters of the city at the next election
held in
4the city authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that
5occurs not sooner than 45 days after the date of receipt of the communication. The
6question of issuing such school bonds shall be submitted upon a separate ballot or
7in some other manner so that the vote upon issuing such school bonds is taken
8separately from any other question submitted to the voters. If a majority of the
9electors voting on the school bond question favors issuing such school bonds, the
10common council shall cause the school bonds to be issued immediately or within the
11period permitted by law, in the amount requested by the board and in the manner
12other bonds are issued.".
AB100-ASA1-AA8,308,19
15120.115 Report on debt service. (1) Within 10 days after holding a
16referendum that would authorize the school district to incur debt or that would
17authorize the common council of a 1st class city to incur debt on behalf of the school
18district operating under ch. 119, the school board shall notify the department of the
19approval or rejection of the referendum.
AB100-ASA1-AA8,308,21
20(2) (a) Within 10 days after adopting or revising a schedule for the payment of
21debt service, the school board shall submit the schedule to the department.
AB100-ASA1-AA8,308,2422
(b) Within 10 days after adopting or revising a schedule for the payment of debt
23service on debt issued on behalf of the school district operating under ch. 119, the
24common council of a 1st class city shall submit the schedule to the department.
AB100-ASA1-AA8,309,3
1(3) Monthly, the department shall submit to the department of administration
2and the legislative fiscal bureau a report that aggregates all debt service payment
3schedules submitted under sub. (2).".