Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,297,8 2. If the costs of the special education program or services required in an individualized education program for a pupil, developed or revised under s. 115.80 (4) after a child begins attending public school in a nonresident school district under this section, as implemented or proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil special education program or services costs for children with exceptional educational needs continuing to be served by the resident school district, the child's resident school board may notify the pupil's parent and the nonresident school board that the program or services impose such an undue financial burden on the resident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under ss. 115.80 (4m) and 115.85 (2). The pupil's parent may appeal a required transfer under this subdivision to the department within 30 days after receipt of the notice. The department shall affirm the resident school board's determination unless the department finds that the determination was arbitrary or unreasonable.

AB100-ASA1-AA8,297,12 (13) Rights and privileges of nonresident pupils. A pupil attending a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.

AB100-ASA1-AA8,297,17 (13m) Participation in certain programs. A pupil attending a public school in a nonresident school district under this section shall be considered a resident of the nonresident school district for the purposes of participating in programs of a cooperative educational service agency or a county handicapped children's education board.

AB100-ASA1-AA8,297,21 (14) Transportation. (a) Responsibility. 1. Except as provided in subd. 2., the parent of a pupil attending public school in a nonresident school district under this section is responsible for transporting the pupil to and from school in the nonresident school district attended by the pupil.

AB100-ASA1-AA8,297,25 2. If the pupil is a child with exceptional educational needs and transportation of the pupil is required in the individualized education program developed for the child under s. 115.80 (4) or is required under s. 121.54 (3), the nonresident school district shall provide such transportation for the child.

AB100-ASA1-AA8,298,17 (b) Low-income assistance. The parent of a pupil who is eligible for a free or reduced-price lunch under 42 USC 1758 (b) and who will be attending public school in a nonresident school district in the following school year under this section may apply to the department, on the form prepared under sub. (15) (a), for the reimbursement of costs incurred by the parent for the transportation of the pupil to and from the pupil's residence and the school that the pupil will be attending. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The reimbursement amount may not exceed the actual transportation costs incurred by the parent or 3 times the statewide average per pupil transportation costs, whichever is less. If the appropriation under s. 20.255 (2) (cy) in any one year is insufficient to pay the full amount of approved claims under this paragraph, payments shall be prorated among the parents entitled thereto. By the 2nd Friday following the first Monday in May following receipt of the parent's application under sub. (3) (a), the department shall provide to each parent requesting reimbursement under this paragraph an estimate of the amount of reimbursement that the parent will receive if the pupil attends public school in the nonresident school district in the following school year.

AB100-ASA1-AA8,298,18 (15) Department duties. The department shall do all of the following:

AB100-ASA1-AA8,298,22 (a) Application form. Prepare, distribute to school districts and make available to parents an application form to be used by parents under sub. (3) (a). The form shall include provisions that permit a parent to apply for transportation reimbursement under sub. (14) (b).

AB100-ASA1-AA8,299,2 (b) Information and assistance. Develop and implement an outreach program to educate parents about the open enrollment program under this section, including activities specifically designed to educate low-income parents, and services to answer parents' questions about the program and assist them in exercising the open enrollment option provided under this section.

AB100-ASA1-AA8,299,8 (c) Annual report. Annually submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), on the number of pupils who applied to attend public school in a nonresident school district under this section, the number of applications denied and the bases for the denials, and the number of pupils attending public school in a nonresident school district under this section.

AB100-ASA1-AA8,299,10 (16) State aid adjustments. (a) Annually, the department shall determine all of the following:

AB100-ASA1-AA8,299,13 1. For each school district, the number of nonresident pupils attending public school in the school district under this section, other than pupils for whom tuition is paid under sub. (17).

AB100-ASA1-AA8,299,16 2. For each school district, the number of resident pupils attending public school in a nonresident school district under this section, other than pupils for whom tuition is paid under sub. (17).

AB100-ASA1-AA8,299,19 3. The statewide average per pupil school district cost for regular instruction, cocurricular activities, instructional support services and pupil support services in the previous school year.

AB100-ASA1-AA8,299,23 (b) 1. If the number determined in par. (a) 1. is greater than the number determined in par. (a) 2. for a school district, the department shall increase that school district's state aid payment under s. 121.08 by an amount equal to the difference multiplied by the amount determined under par. (a) 3.

AB100-ASA1-AA8,300,8 2. If the number determined in par. (a) 1. is less than the number determined in par. (a) 2. for a school district, the department shall decrease that school district's state aid payment under s. 121.08 by an amount equal to the difference multiplied by the amount determined under par. (a) 3. If the state aid payment under s. 121.08 is insufficient to cover the reduction, the department shall decrease other state aid payments made by the department to the school district by the remaining amount. If the state aid payment under s. 121.08 and other state aid payments made by the department to the school district are insufficient to cover the reduction, the department shall use the moneys appropriated under s. 20.255 (2) (cg) to pay the balance to school districts under subd. 1.

AB100-ASA1-AA8,300,12 (c) If a pupil attends public school in a nonresident school district under this section for less than a full school term, the department shall prorate the state aid adjustments under this subsection based on the number of days that school is in session and the pupil attends public school in the nonresident school district.

AB100-ASA1-AA8,300,15 (d) The department shall ensure that the aid adjustment under par. (b) does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

AB100-ASA1-AA8,300,21 (17) Special education tuition. The resident school board shall pay to the nonresident school board, for each child who is attending public school in the nonresident school district under this section and is enrolled in a program for children with exceptional educational needs, tuition calculated using the daily tuition rate under s. 121.83 for children enrolled in such programs in the nonresident school district, or an amount agreed to by the school boards of the 2 school districts.

AB100-ASA1-AA8, s. 2843r Section 2843r. 118.52 of the statutes is created to read:

AB100-ASA1-AA8,300,23 118.52 Part-time open enrollment. (1) Definitions. In this section:

AB100-ASA1-AA8,300,25 (a) "Nonresident school board" means the school board of a nonresident school district.

AB100-ASA1-AA8,301,3 (b) "Nonresident school district" means a school district, other than a pupil's resident school district, in which the pupil is attending a course or has applied to attend a course under this section.

AB100-ASA1-AA8,301,4 (c) "Parent" includes a guardian.

AB100-ASA1-AA8,301,5 (d) "Resident school board" means the school board of a resident school district.

AB100-ASA1-AA8,301,6 (e) "Resident school district" means the school district in which a pupil resides.

AB100-ASA1-AA8,301,11 (2) Applicability. Beginning in the 1998-99 school year, a pupil enrolled in a public school in the high school grades may attend public school in a nonresident school district under this section for the purpose of taking a course offered by the nonresident school district. A pupil may attend no more than 2 courses at any time in nonresident school districts under this section.

AB100-ASA1-AA8,301,20 (3) Application procedures. (a) The parent of a pupil who wishes to attend public school in a nonresident school district for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the school board of the nonresident school district in which the pupil wishes to attend a course not later than 6 weeks prior to the date on which the course is scheduled to commence. The application shall specify the course that the pupil wishes to attend and may specify the school or schools at which the pupil wishes to attend the course. The nonresident school board shall send a copy of the application to the pupil's resident school board.

AB100-ASA1-AA8,301,23 (b) If a nonresident school board receives more applications for a particular course than there are spaces available in the course, the nonresident school board shall determine which pupils to accept on a random basis.

AB100-ASA1-AA8,302,5 (c) No later than one week prior to the date on which the course is scheduled to commence, the nonresident school board shall notify the applicant and the resident school board, in writing, whether the application has been accepted and, if the application is accepted the school at which the pupil may attend the course. The acceptance applies only for the following semester, school year or other session in which the course is offered. If the nonresident school board rejects an application, it shall include in the notice the reason for the rejection.

AB100-ASA1-AA8,302,7 (d) No later than one week prior to the date on which the course is scheduled to commence, the resident school board shall do all of the following:

AB100-ASA1-AA8,302,11 1. If it denies an application to attend public school in a nonresident school district under sub. (6), notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the rejection.

AB100-ASA1-AA8,302,14 2. If it determines that the course does not satisfy high school graduation requirements under s. 118.33 in the resident school district, notify the applicant in writing.

AB100-ASA1-AA8,302,18 (e) Following receipt of a notice of acceptance but prior to the date on which the course is scheduled to commence, the pupil's parent shall notify the resident school board and nonresident school board of the pupil's intent to attend the course in the nonresident school district.

AB100-ASA1-AA8,302,22 (4) Adoption of policies and criteria. By December 1, 1997, each school board shall adopt a resolution specifying the criteria and policies described in subs. (5) and (6). If the school board wishes to revise the criteria or policies, it shall do so by resolution.

AB100-ASA1-AA8,303,3 (5) Nonresident school district acceptance and rejection criteria. School board policies and criteria for accepting and rejecting applications under sub. (3) from pupils who reside in another school district shall be the same as the policies and criteria for entry into the course that apply to pupils who reside in the school district, except that the school board may give preference in attendance in a course to residents of the school district.

AB100-ASA1-AA8,303,8 (6) Resident school district rejection criteria. (a) Individualized education program requirements. The school board of a pupil's resident school district shall reject a pupil's application to attend a course in a public school in a nonresident school district if the resident school board determines that the course conflicts with the individualized education program for the pupil under s. 115.80 (4).

AB100-ASA1-AA8,303,15 (b) Undue financial burden. The school board of a pupil's resident school district may reject an application to attend a course in a public school in a nonresident school district if the cost of the course would impose upon the resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil costs for children continuing to be served by the resident school district.

AB100-ASA1-AA8,303,22 (8) Appeal of rejection. If an application is rejected under sub. (5) or a pupil is prohibited from attending a course in a public school in a nonresident school district under sub. (6), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB100-ASA1-AA8,304,2 (9) Rights and privileges of nonresident pupils. A pupil attending a course in a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.

AB100-ASA1-AA8,304,9 (10) Disciplinary records. Notwithstanding s. 118.125, the resident school board shall provide to the nonresident school board to which a pupil has applied under this section, upon request by that school board, a copy of any expulsion findings and orders, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.

AB100-ASA1-AA8,304,13 (11) Transportation. (a) Responsibility. The parent of a pupil attending a course in a public school in a nonresident school district under this section is responsible for transporting the pupil to and from the course that the pupil is attending.

AB100-ASA1-AA8,304,23 (b) Low-income assistance. The parent of a pupil who is attending a course in a public school in a nonresident school district under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the school at which the pupil is attending the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The department shall give preference under this paragraph to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB100-ASA1-AA8,305,2 (12) Tuition. The resident school board shall pay to the nonresident school board for each pupil attending a course in a public school in the nonresident school district under this section an amount equal to the cost of providing the course to the pupil, calculated in a manner determined by the department.".

AB100-ASA1-AA8,305,4 1013. Page 1297, line 4: delete "For" and substitute "1. Except as provided in par. (dg), for".

AB100-ASA1-AA8,305,5 1014. Page 1297, line 7: delete "1." and substitute "a.".

AB100-ASA1-AA8,305,6 1015. Page 1297, line 11: delete "2." and substitute "b.".

AB100-ASA1-AA8,305,8 1016. Page 1297, line 16: delete the material beginning with "If" and ending with "district." on line 19.

AB100-ASA1-AA8,305,9 1017. Page 1297, line 21: delete "subdivision" and substitute "subd. 1. b".

AB100-ASA1-AA8,305,10 1018. Page 1297, line 21: after that line insert:

AB100-ASA1-AA8,305,17 "2. Notwithstanding subd. 1., if the pupil is attending the technical college for less than 10 credits during any semester, the school board is not responsible for payment for any courses that are comparable to courses offered in the school district. If the pupil is attending the technical college for 10 or more credits during any semester, the school board is responsible for payment for courses that are comparable to courses offered in the school district for one-half of the credits taken but no more than 6 credits.".

AB100-ASA1-AA8,305,18 1019. Page 1297, line 21: after that line insert:

AB100-ASA1-AA8,306,2 "(dg) 1. If, by September 15, 1997, or within 30 days after the effective date of this subdivision .... [revisor inserts date], whichever is later, the technical college system board, the Wisconsin Association of School Boards and the School Administrators Alliance agree on a different method than the method under par. (d) for determining the amount that a school board must pay a technical college district board for each pupil attending a technical college under this subsection, they shall submit it to the department by September 15, 1997, or within 30 days after the effective date of this subdivision .... [revisor inserts date], whichever is later.

AB100-ASA1-AA8,306,12 2. Within 30 days after receiving the recommended method under subd. 1., the department shall approve or reject it. If the department approves the method it shall immediately submit the method to the cochairpersons of the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the method within 14 working days after the date that the method was submitted, the method is approved. If, within 14 working days after the date that the method was submitted, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the method, the method is not approved until the committee approves it.

AB100-ASA1-AA8,306,16 3. If the method is approved by the department and by the joint committee on finance under subd. 2., the department shall promulgate rules implementing the method beginning with pupils attending a technical college in the 1998 spring semester.".

AB100-ASA1-AA8,306,17 1020. Page 1298, line 15: after "118.14," insert "118.145 (4),".

AB100-ASA1-AA8,306,18 1021. Page 1298, line 16: before "118.55" insert "118.51, 118.52,".

AB100-ASA1-AA8,306,19 1022. Page 1301, line 25: after that line insert:

AB100-ASA1-AA8,306,20 " Section 2850b. 119.48 (4) (b) of the statutes is amended to read:

AB100-ASA1-AA8,307,2 119.48 (4) (b) The communication shall state the purposes for which the funds from the increase in the levy rate will be used and shall request the common council to submit to the voters of the city the question of exceeding the levy rate specified in s. 65.07 (1) (f) at the September election or a special an election authorized under s. 8.065.

AB100-ASA1-AA8, s. 2851b Section 2851b. 119.48 (4) (c) of the statutes is amended to read:

AB100-ASA1-AA8,307,15 119.48 (4) (c) Upon receipt of the communication, the common council shall cause the question of exceeding the levy rate specified under s. 65.07 (1) (f) to be submitted to the voters of the city at the September election or at a special next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the communication. The question of exceeding the levy rate specified under s. 65.07 (1) (f) shall be submitted upon a separate ballot or in some other manner so that the vote upon exceeding the levy rate specified in s. 65.07 (1) (f) is taken separately from any other question submitted to the voters. If a majority of the electors voting on the question favors exceeding the levy rate specified under s. 65.07 (1) (f), the common council shall approve the increase in the levy rate and shall levy and collect a tax equal to the amount of money approved by the electors.".

AB100-ASA1-AA8,307,16 1023. Page 1302, line 13: after that line insert:

AB100-ASA1-AA8,307,17 " Section 2852b. 119.49 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA8,307,23 119.49 (1) (b) The communication shall state the amount of funds needed under par. (a) and the purposes for which the funds will be used and shall request the common council to submit to the voters of the city at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held in the city not sooner than 45 days after receipt of the communication the question of issuing school bonds in the amount and for the purposes stated in the communication.

AB100-ASA1-AA8, s. 2853b Section 2853b. 119.49 (2) of the statutes is amended to read:

AB100-ASA1-AA8,308,12 119.49 (2) Upon receipt of the communication, the common council shall cause the question of issuing such school bonds in the stated amount and for the stated school purposes to be submitted to the voters of the city at the next election held in the city authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs not sooner than 45 days after the date of receipt of the communication. The question of issuing such school bonds shall be submitted upon a separate ballot or in some other manner so that the vote upon issuing such school bonds is taken separately from any other question submitted to the voters. If a majority of the electors voting on the school bond question favors issuing such school bonds, the common council shall cause the school bonds to be issued immediately or within the period permitted by law, in the amount requested by the board and in the manner other bonds are issued.".

AB100-ASA1-AA8,308,13 1024. Page 1304, line 19: after that line insert:

AB100-ASA1-AA8,308,14 " Section 2854y. 120.115 of the statutes is created to read:

AB100-ASA1-AA8,308,19 120.115 Report on debt service. (1) Within 10 days after holding a referendum that would authorize the school district to incur debt or that would authorize the common council of a 1st class city to incur debt on behalf of the school district operating under ch. 119, the school board shall notify the department of the approval or rejection of the referendum.

AB100-ASA1-AA8,308,21 (2) (a) Within 10 days after adopting or revising a schedule for the payment of debt service, the school board shall submit the schedule to the department.

AB100-ASA1-AA8,308,24 (b) Within 10 days after adopting or revising a schedule for the payment of debt service on debt issued on behalf of the school district operating under ch. 119, the common council of a 1st class city shall submit the schedule to the department.

AB100-ASA1-AA8,309,3 (3) Monthly, the department shall submit to the department of administration and the legislative fiscal bureau a report that aggregates all debt service payment schedules submitted under sub. (2).".

AB100-ASA1-AA8,309,4 1025. Page 1304, line 22: after that line insert:

AB100-ASA1-AA8,309,5 " Section 2855m. 120.12 (15) of the statutes is amended to read:

AB100-ASA1-AA8,309,12 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employe's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours and conditions of employment.".

AB100-ASA1-AA8,309,14 1026. Page 1306, line 22: delete the material beginning with that line and ending with page 1307, line 2, and substitute:

AB100-ASA1-AA8,309,16 " Section 2860c. 120.13 (2) (g) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1-AA8,309,20 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.745 (2), (3) and (5) 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (10), 632.896, 767.25 (4m) (d) and 767.51 (3m) (d).

AB100-ASA1-AA8, s. 2860f Section 2860f. 120.13 (2) (g), as affected by 1997 Wisconsin Act .... (this act), of the statutes is amended to read:

AB100-ASA1-AA8,310,2 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (10) to (13), 632.896, 767.25 (4m) (d) and 767.51 (3m) (d).".

AB100-ASA1-AA8,310,3 1027. Page 1309, line 19: after that line insert:

AB100-ASA1-AA8,310,4 " Section 2865m. 121.004 (7) (a) of the statutes is amended to read:

AB100-ASA1-AA8,310,9 121.004 (7) (a) "Pupils enrolled" is the total number of pupils, as expressed by official enrollments, in all schools of the school district, except as provided in pars. (b) to (d) (e). If such total contains a fraction, it shall be expressed as the nearest whole number. The same method shall be used in computing the number of pupils enrolled for resident pupils, nonresident pupils or both.

AB100-ASA1-AA8, s. 2865r Section 2865r. 121.004 (7) (e) of the statutes is created to read:

AB100-ASA1-AA8,310,15 121.004 (7) (e) A pupil attending public school under s. 118.145 (4) shall be counted as the result obtained by dividing the number of hours of direct pupil instruction scheduled for the pupil at the public school during the school year by the number of hours of direct pupil instruction that the school district scheduled for a pupil in the same grade during the school year.".

AB100-ASA1-AA8,310,16 1028. Page 1310, line 23: after that line insert:

AB100-ASA1-AA8,310,17 " Section 2870d. 121.02 (1) (m) of the statutes is amended to read:

AB100-ASA1-AA8,310,24 121.02 (1) (m) Provide access to an education for employment program approved by the department state superintendent. Beginning in the 1997-98 school year, the program shall incorporate applied curricula; guidance and counseling services under par. (e); technical preparation under s. 118.34; college preparation; youth apprenticeship under s. 106.13 or other job training and work experience; and instruction in skills relating to employment. The department state superintendent shall assist school boards in complying with this paragraph.".