Amendment ASA1-AB100

AB100-ASA1,1274,16 (4m) Beginning July 1, 1995, the department state superintendent may not issue or renew a license to teach the visually impaired unless the applicant demonstrates, based on criteria established by the department state superintendent by rule, that he or she is proficient in reading and writing braille and in teaching braille. In promulgating rules under this subsection, the department state superintendent shall take into consideration the standard used by the librarian of congress for certifying braille transcribers.

AB100-ASA1, s. 2792d Section 2792d. 118.19 (8) of the statutes is amended to read:

AB100-ASA1,1274,22 118.19 (8) Beginning July 1, 1992, the department state superintendent may not grant to any person a license to teach unless the person has received instruction in the study of minority group relations, including instruction in the history, culture and tribal sovereignty of the federally recognized American Indian tribes and bands located in this state.

AB100-ASA1, s. 2792e Section 2792e. 118.19 (9) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1275,2 118.19 (9) (a) (intro.) Except as provided in par. (b), beginning on July 1, 1996, the department state superintendent may not issue an initial teaching license, school district administrator's license or school administrator's license unless the applicant has demonstrated competency in all of the following:

AB100-ASA1, s. 2792h Section 2792h. 118.19 (9) (b) of the statutes is amended to read:

AB100-ASA1,1275,6 118.19 (9) (b) The department state superintendent may waive the requirements under par. (a) if the applicant demonstrates competency in the subjects under par. (a) 1. to 3. within 12 months after the date on which the license is issued.

AB100-ASA1, s. 2792L Section 2792L. 118.19 (10) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1275,9 118.19 (10) (b) (intro.) With the assistance of the department of justice, the department state superintendent shall do all of the following:

AB100-ASA1, s. 2792p Section 2792p. 118.19 (10) (b) 2. of the statutes is amended to read:

AB100-ASA1,1275,13 118.19 (10) (b) 2. Over a 5-year period, conduct a background investigation of each person who holds a license, issued by the department state superintendent, that has no expiration date and who is employed by an educational agency.

AB100-ASA1, s. 2792r Section 2792r. 118.19 (10) (c) of the statutes is amended to read:

AB100-ASA1,1275,22 118.19 (10) (c) If the person under par. (b) is a nonresident, or if the department state superintendent determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the department state superintendent shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB100-ASA1, s. 2792u Section 2792u. 118.19 (10) (d) (intro.) of the statutes is amended to read:

AB100-ASA1,1276,2 118.19 (10) (d) (intro.) Upon request, an educational agency shall provide the department state superintendent with all of the following information about each person employed by the educational agency who holds a license, issued by the department state superintendent, that has no expiration date:

AB100-ASA1, s. 2792y Section 2792y. 118.19 (10) (e) of the statutes is amended to read:

AB100-ASA1,1276,6 118.19 (10) (e) The department state superintendent may issue or renew a license or permit conditioned upon the receipt of a satisfactory background investigation.

AB100-ASA1, s. 2112 Section 2112. 118.19 (10) (f) of the statutes is amended to read:

AB100-ASA1,1276,11 118.19 (10) (f) The department state superintendent shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.

AB100-ASA1, s. 2794m Section 2794m. 118.192 (1) to (3) of the statutes are amended to read:

AB100-ASA1,1276,16 118.192 (1) The department state superintendent shall establish an alternative teacher training program for mathematics and science teachers. The program shall be conducted during the summer and shall consist of approximately 100 hours of formal instruction.

AB100-ASA1,1276,24 (2) An individual who holds a bachelor's degree in engineering, mathematics, biology, chemistry or physics, has at least 5 years of experience as an engineer, mathematician or science professional and passes the appropriate subject area portion of the national teacher's examination administered by the educational testing service, inc., in mathematics or science may apply to the department state superintendent for enrollment in the alternative teacher training program. The department state superintendent shall charge a fee sufficient to cover the costs of the program.

AB100-ASA1,1277,6 (3) The department state superintendent shall grant a professional teaching permit to any person who satisfactorily completes the program under sub. (2). The permit authorizes the person to teach mathematics or science, as specified by the department state superintendent, in grades kindergarten to 12 for 2 years, if the person is supervised by a person who holds a regular teaching license. The permit is renewable.

AB100-ASA1, s. 2113 Section 2113. 118.192 (5) of the statutes is repealed.

AB100-ASA1, s. 2795m Section 2795m. 118.195 of the statutes is amended to read:

AB100-ASA1,1277,14 118.195 Discrimination against handicapped teachers prohibited. (1) No person otherwise qualified may be denied a certificate or license from the department state superintendent under s. 118.19 (1) because the person is totally or partially blind, deaf or physically handicapped nor may any school district refuse to employ a teacher on such grounds, if such handicapped teacher is able to carry out the duties of the position which the person seeks.

AB100-ASA1,1277,16 (2) Any school board may request the department state superintendent for advice and assistance in interpreting this section.

AB100-ASA1, s. 2114 Section 2114. 118.20 (2) of the statutes is amended to read:

AB100-ASA1,1277,23 118.20 (2) The department state superintendent or a person designated by the state superintendent may receive and investigate complaints charging discrimination in employment, assignment or reassignment of teachers or administrative personnel in the public schools and the department state superintendent or designee may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.

AB100-ASA1, s. 2115 Section 2115. 118.20 (3) of the statutes is amended to read:

AB100-ASA1,1278,12 118.20 (3) If the department state superintendent finds probable cause to believe that any discrimination prohibited by this section has been or is being practiced, the department state superintendent shall immediately endeavor to eliminate the practice by conference, conciliation or persuasion. In case of failure to eliminate the discrimination, the department state superintendent shall issue and serve a written notice of hearing, specifying the nature of the discrimination which appears to have been committed, and requiring the public school official, employe, teacher agency or placement bureau named, hereinafter called the "respondent" to answer the complaint at a hearing before the department state superintendent. The notice shall specify a time of hearing not less than 10 days after service of the complaint, and a place of hearing within the county in which the discrimination is alleged to have occurred.

AB100-ASA1, s. 2116 Section 2116. 118.20 (4) of the statutes is amended to read:

AB100-ASA1,1278,25 118.20 (4) After hearing, if the department state superintendent finds that the respondent has engaged in discrimination prohibited by this section the department state superintendent shall make written findings and recommend such action by the respondent as shall satisfy the purposes of this section and shall serve a certified copy of the findings and recommendations on the respondent together with an order requiring the respondent to comply with the recommendations. Any person aggrieved by noncompliance with the order shall be entitled to have the order enforced specifically by suit in equity. If the department state superintendent finds that the respondent has not engaged in the alleged discrimination, the department state superintendent shall serve a certified copy of the department's state superintendent's findings on the complainant together with an order dismissing the complaint.

AB100-ASA1, s. 2117 Section 2117. 118.20 (5) of the statutes is amended to read:

AB100-ASA1,1279,10 118.20 (5) If any public school official, employe, teachers agency or placement bureau violates sub. (1) or fails or refuses to obey any lawful order made by the department state superintendent pursuant to this section, such person shall forfeit and pay into the state treasury not less than $25 nor more than $50, or be imprisoned not less than 5 nor more than 30 days. Such violation or failure or refusal to obey an order shall be grounds for the removal of any school district administrator, member of a school board or other public school official. Findings and orders of the department state superintendent under this section shall be subject to judicial review under ch. 227.

AB100-ASA1, s. 2118 Section 2118. 118.20 (6) of the statutes is amended to read:

AB100-ASA1,1279,16 118.20 (6) Upon request of the department state superintendent, the attorney general or district attorney of the county in which any investigation, hearing or trial under this section is pending, shall aid and prosecute under supervision of the department state superintendent, all necessary actions or proceedings for the enforcement of this section and for the punishment of all violations thereof.

AB100-ASA1, s. 2119 Section 2119. 118.20 (7) of the statutes is amended to read:

AB100-ASA1,1279,20 118.20 (7) In administering this section the department state superintendent shall have authority to make, amend and rescind rules necessary to carry out the purposes of this section.

AB100-ASA1, s. 2801g Section 2801g. 118.22 (1) (b) of the statutes is amended to read:

AB100-ASA1,1280,2 118.22 (1) (b) "Teacher" means any person who holds a teacher's certificate or license issued by the department state superintendent or a classification status under the technical college system board and whose legal employment requires such certificate, license or classification status, but does not include part-time teachers or teachers employed by any board of school directors in a city of the 1st class.

AB100-ASA1, s. 2801r Section 2801r. 118.25 (6) of the statutes is amended to read:

AB100-ASA1,1280,6 118.25 (6) As a condition of employment, employes of the department state superintendent whose work brings them into contact with school children or with school employes shall have physical examinations under sub. (2).

AB100-ASA1, s. 2120 Section 2120. 118.255 (3) of the statutes is repealed and recreated to read:

AB100-ASA1,1280,11 118.255 (3) The school board, cooperative educational service agency or county handicapped children's education board maintaining health treatment services shall report annually to the department, and at such other times as the department directs, such information as the department requires.

AB100-ASA1, s. 2121 Section 2121. 118.255 (4) of the statutes is amended to read:

AB100-ASA1,1280,24 118.255 (4) If the department state superintendent is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law, the department state superintendent shall certify to the department of administration in favor of each school board, cooperative educational service agency and county handicapped children's education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in s. 115.88 (1) by the school board, cooperative educational service agency and county handicapped children's education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county handicapped children's education board.

AB100-ASA1, s. 2803m Section 2803m. 118.258 (2) (b) of the statutes is amended to read:

AB100-ASA1,1281,3 118.258 (2) (b) The school board shall submit a copy of the rules under sub. (1) to the department state superintendent when the rule is first adopted and whenever the rule is amended.

AB100-ASA1, s. 2122 Section 2122. 118.26 of the statutes is amended to read:

AB100-ASA1,1281,8 118.26 Claim against school district. No action may be brought or maintained against a school district upon a claim or cause of action unless the claimant complies with s. 893.80. This section does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100-ASA1, s. 2123 Section 2123. 118.30 (1) of the statutes is renumbered 118.30 (1) (a) and amended to read:

AB100-ASA1,1281,13 118.30 (1) (a) The department state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and 10th grades.

AB100-ASA1, s. 2124 Section 2124. 118.30 (1) (b) of the statutes is created to read:

AB100-ASA1,1281,20 118.30 (1) (b) If the governor has issued pupil academic standards as an executive order, the governor shall submit the standards to the education committees in the senate and assembly. Upon the approval of the academic standards by both committees, the department shall develop a high school graduation examination that is designed to measure whether pupils meet the pupil academic standards.

AB100-ASA1, s. 2125 Section 2125. 118.30 (1g) of the statutes is created to read:

AB100-ASA1,1282,2 118.30 (1g) Each school board operating high school grades shall adopt a high school graduation examination. If the school board has adopted the pupil academic standards approved by the education committees in the senate and assembly under sub. (1) (b), the school board may adopt the high school graduation examination developed by the department under sub. (1) (b). If a school board develops and adopts its own high school graduation examination, it shall notify the department.

AB100-ASA1, s. 2126 Section 2126. 118.30 (1m) (intro.) of the statutes is amended to read:

AB100-ASA1,1282,5 118.30 (1m) (intro.) Except as otherwise provided in this section and in s. 118.40 (2r) (d), annually each school board shall do all of the following:

AB100-ASA1, s. 2808m Section 2808m. 118.30 (1m) (b) of the statutes is amended to read:

AB100-ASA1,1282,10 118.30 (1m) (b) Administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade. This paragraph does not apply after the 2000-01 school year.

AB100-ASA1, s. 2127 Section 2127. 118.30 (1m) (d) of the statutes is created to read:

AB100-ASA1,1282,16 118.30 (1m) (d) If the school board operates high school grades, beginning in the 1999-2000 school year administer the high school graduation examination adopted by the school board under sub. (1g). The school board shall administer the examination at least twice each school year. The school board shall determine the high school grades in which the examination will be administered each school year.

AB100-ASA1, s. 2809e Section 2809e. 118.30 (2) (b) 2. of the statutes is amended to read:

AB100-ASA1,1282,23 118.30 (2) (b) 2. According to criteria established by the department state superintendent by rule, the school board may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.

AB100-ASA1, s. 2809m Section 2809m. 118.30 (3) of the statutes is amended to read:

AB100-ASA1,1283,4 118.30 (3) The department state superintendent shall make available upon request, within 90 days after the date of administration, any examination required to be administered under this section. This subsection does not apply while the examination is being developed or validated.

AB100-ASA1, s. 2809s Section 2809s. 118.33 (1) (am) of the statutes is amended to read:

AB100-ASA1,1283,8 118.33 (1) (am) The department state superintendent shall encourage school boards to require an additional 8.5 credits selected from any combination of vocational education, foreign languages, fine arts and other courses.

AB100-ASA1, s. 2128 Section 2128. 118.33 (1) (cm) of the statutes is created to read:

AB100-ASA1,1283,14 118.33 (1) (cm) Except as provided in par. (e), beginning on September 1, 2001, a school board may not grant a high school diploma to any pupil unless the pupil has passed the high school graduation examination administered under s. 118.30 (1m) (d). A school board shall provide a pupil with at least 4 opportunities to take the examination in the high school grades.

AB100-ASA1, s. 2810m Section 2810m. 118.33 (1) (e) of the statutes is created to read:

AB100-ASA1,1283,21 118.33 (1) (e) Each school board shall develop alternative criteria for evaluating a pupil who has been excused from high school graduation examination under s. 118.30 (2) (b) 3. A school board may grant a high school diploma to a pupil who has been excused from the high school graduation examination under s. 118.30 (2) (b) 3. if the pupil satisfies all of the other requirements under this subsection and satisfies the other criteria.

AB100-ASA1, s. 2810r Section 2810r. 118.33 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1283,23 118.33 (2) (intro.)  The department state superintendent shall:

AB100-ASA1, s. 2129 Section 2129. 118.33 (2) (c) of the statutes is amended to read:

AB100-ASA1,1284,3 118.33 (2) (c) Establish course requirements under sub. (1) (a) and approve any school board's high school graduation standards policy that is equivalent to the requirements under sub. (1).

AB100-ASA1, s. 2811m Section 2811m. 118.33 (3) of the statutes is amended to read:

AB100-ASA1,1284,12 118.33 (3) By September 1, 1986, each school board operating high school grades shall submit to the department state superintendent a report describing the school board's policies and guidelines on high school graduation standards, including a list of courses required under sub. (1) (a) and the number of hours in each school term required to earn one credit under sub. (1) (a), and thereafter shall notify the department state superintendent whenever changes are made in such policies or guidelines. The department shall make reasonable efforts to combine the reports required under this subsection with other required school board reports.

AB100-ASA1, s. 2130 Section 2130. 118.33 (3m) of the statutes is amended to read:

AB100-ASA1,1284,22 118.33 (3m) A course taken at a technical college by a child attending the school part-time or in lieu of high school under s. 118.15 (1) (b), or attending the school under s. 118.15 (1) (cm), does not fulfill any of the high school graduation requirements under sub. (1) (a) unless the department state superintendent has approved the course for that purpose. If a pupil satisfies all of the high school graduation requirements under sub. (1), the school board shall grant a high school diploma to the pupil regardless of whether the pupil satisfied all or a portion of the requirements while attending an institution of higher education under s. 118.55 or a technical college.

AB100-ASA1, s. 2812m Section 2812m. 118.33 (4) of the statutes is amended to read:

AB100-ASA1,1285,2 118.33 (4) (a) The department state superintendent shall establish procedures for school boards to certify to the department state superintendent whether they are in compliance with the requirements under sub. (1) and the rules promulgated under sub. (2).

AB100-ASA1,1285,6 (b) The department state superintendent may periodically review school district high school graduation standards and shall notify any school board not in compliance with the requirements under sub. (1) or the rules promulgated under sub. (2), identifying the changes necessary.

AB100-ASA1, s. 2815d Section 2815d. 118.34 (3) of the statutes is amended to read:

AB100-ASA1,1285,12 118.34 (3) The department and the technical college system board shall provide technical assistance to school boards to develop technical preparation programs in each high school. Annually, the school board shall evaluate its program and report the results to the department state superintendent and the technical college system board.

AB100-ASA1, s. 2815g Section 2815g. 118.35 (2) of the statutes is amended to read:

AB100-ASA1,1285,15 118.35 (2) The department state superintendent shall by rule establish guidelines for the identification of gifted and talented pupils.

AB100-ASA1, s. 2815r Section 2815r. 118.35 (3) (b) of the statutes is amended to read: