Amendment ASA1-AB100

AB100-ASA1, s. 2169 Section 2169. 121.02 (1) (a) 2. of the statutes is amended to read:

AB100-ASA1,1311,18 121.02 (1) (a) 2. Ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. The department state superintendent shall promulgate rules defining "instructional staff" for purposes of this subdivision and s. 118.40 (2r) (d) 1.

AB100-ASA1, s. 2869m Section 2869m. 121.02 (1) (f) 1. of the statutes is amended to read:

AB100-ASA1,1311,23 121.02 (1) (f) 1. Schedule at least 180 school days annually, less any days during which the department state superintendent determines that school is not held or educational standards are not maintained as the result of a strike by school district employes.

AB100-ASA1, s. 2170 Section 2170. 121.02 (1) (s) of the statutes is amended to read:

AB100-ASA1,1312,6 121.02 (1) (s) Beginning in the 1993-94 school year, administer the examinations required by the department under s. 118.30 (1m) (am) and (b), and; beginning in the 1996-97 school year, administer the examination required by the department under s. 118.30 (1m) (a); and beginning in the 1999-2000 school year, administer the high school graduation examination required under s. 118.30 (1m) (d).

AB100-ASA1, s. 2871m Section 2871m. 121.02 (3) to (5) of the statutes are amended to read:

AB100-ASA1,1312,18 121.02 (3) Prior to any finding that a school district is not in compliance with the standards under sub. (1), the department state superintendent shall, upon request of the school board or upon receipt of a petition signed by the maximum number of electors allowed for nomination papers of school district officers under s. 8.10 (3) (i), (km) or (ks), conduct a public hearing in the school district. If the department state superintendent, after the hearing, finds that the district is not in compliance with the standards, the department state superintendent may develop with the school board a plan which describes methods of achieving compliance. The plan shall specify the time within which compliance shall be achieved. The department state superintendent shall withhold up to 25% of state aid from any school district that fails to achieve compliance within the specified period.

AB100-ASA1,1312,25 (4) Any school district which is completely surrounded by water may meet the requirements of this section by being in substantial compliance with the standards in sub. (1). Annually by August 15, the school district shall submit to the department state superintendent for approval a report describing the methods by which the school district intends to substantially comply with the standards. The department state superintendent shall allow any such school district maximum flexibility in the school district's substantial compliance plans.

AB100-ASA1,1313,3 (5) The department state superintendent shall promulgate rules to implement and administer this section, including rules defining "regular instruction" for the purpose of sub. (1) (L) 1. and 2.

AB100-ASA1, s. 2171 Section 2171. 121.05 (1) (a) 5. of the statutes is amended to read:

AB100-ASA1,1313,7 121.05 (1) (a) 5. Pupils attending a technical college under s. 118.15 (1) (b) and pupils attending an institution of higher education or a technical college under s. 118.37 118.55.

AB100-ASA1, s. 2872m Section 2872m. 121.05 (3) and (4) of the statutes are amended to read:

AB100-ASA1,1313,11 121.05 (3) If a school district is unable to hold school on either of the 2 dates specified in sub. (1) (a), the department state superintendent shall designate alternative membership counting dates.

AB100-ASA1,1313,25 (4) Beginning in the 1994-95 school year, the school board of a school district in which a foster or group home that is not exempt under s. 70.11 is located may submit a report to the department state superintendent. If the school board submits a report, it shall submit it by June 30. The report shall indicate, on a full-time equivalent basis, the number of pupils residing in such foster or group homes who were provided educational services by the school district during the current school year but were not included in the September or January membership count under sub. (1) (a). The department state superintendent shall adjust the school district's membership based on the report. The department state superintendent shall make proportional adjustments to the memberships of the school districts in which the pupil was previously enrolled during that school year. The department state superintendent shall obtain from such school districts the information necessary to make such adjustments. The department state superintendent shall promulgate rules to implement and administer this subsection.

AB100-ASA1, s. 2172 Section 2172. 121.06 (1) of the statutes is amended to read:

AB100-ASA1,1314,6 121.06 (1) Annually on or before October 1, the full value of the taxable property in each part of each city, village and town in each school district shall be determined by the department of revenue according to its best judgment from all sources of information available to it and shall be certified by the department of revenue to the department state superintendent.

AB100-ASA1, s. 2873d Section 2873d. 121.06 (2) of the statutes is amended to read:

AB100-ASA1,1314,10 121.06 (2) The department state superintendent shall certify to each school district clerk the appropriate full values certified to the department state superintendent under sub. (1).

AB100-ASA1, s. 2873h Section 2873h. 121.07 (1) (c) of the statutes is amended to read:

AB100-ASA1,1314,19 121.07 (1) (c) If an order of school district reorganization under ch. 117 is not effective due to litigation until after the 3rd Friday in September but takes effect before April 1 of the current school year, state aid for any affected school district for the first year of operation shall be computed after the order takes effect using calculations by the department state superintendent of the number of pupils enrolled and teacher-pupil ratio for the territory in the affected school district, which shall be made as if the school district had been in existence on the 3rd Friday in September.

AB100-ASA1, s. 2873m Section 2873m. 121.07 (7) (b) of the statutes is amended to read:

AB100-ASA1,1315,2 121.07 (7) (b) The "secondary guaranteed valuation per member" is an amount, rounded to the next lower dollar, that, after subtraction of payments under ss. 121.09, 121.10, 121.105, 121.85 (6) (b) 2. and 3. and (c) and 121.86, fully distributes an amount equal to the amount remaining in the appropriation under s. 20.255 (2) (ac) plus $50,000,000 in the 1997-98 school year and $100,000,000 in the 1998-99 school year for payments under ss. 121.08 and 121.85 (6) (a) and (g).

AB100-ASA1, s. 2873p Section 2873p. 121.09 of the statutes is amended to read:

AB100-ASA1,1315,22 121.09 State aid adjustment; redetermination of assessment. (1) If, on or after July 1, 1980, the tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, or if, on or after January 1, 1982, the state board of assessors makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after the date of the determination, decision or judgment, file the determination of the state board of assessors, the decision of the tax appeals commission or the judgment of the court with the department state superintendent, requesting an adjustment in state aid to the school district. If the department state superintendent determines that the determination, decision or judgment is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation under s. 20.255 (2) (ac), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).

AB100-ASA1,1316,9 (2) If, on or after May 3, 1984, the state board of assessors, the tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is higher than the previous assessment, the department state superintendent shall notify the school district in which the property is located of the recertification by the department of revenue under s. 70.57 (2). The department state superintendent shall, in the subsequent fiscal year, withhold from the school district's state aid entitlement under s. 121.08 an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year, using the school district's equalized valuation as recertified under s. 70.57 (2).

AB100-ASA1, s. 2873t Section 2873t. 121.10 (4) of the statutes is amended to read:

AB100-ASA1,1316,15 121.10 (4) If a school district is ineligible for a payment under sub. (2) or (3), the department state superintendent shall pay to the school district in that school year, from the appropriation under s. 20.255 (2) (bm), an amount which, when added to the amount of state aid the school district will receive in that school year, is equal to an amount determined by multiplying $175 by the membership.

AB100-ASA1, s. 2173 Section 2173. 121.135 (1) of the statutes is amended to read:

AB100-ASA1,1316,23 121.135 (1) If, upon receipt of the report under s. 115.84, the department state superintendent is satisfied that there are children participating in a special education program provided by a county handicapped children's education board, the department state superintendent shall certify to the department of administration from the appropriation under s. 20.255 (2) (bh) in favor of the county handicapped children's education board the amount determined under sub. (2), except as provided under sub. (3).

AB100-ASA1, s. 2874m Section 2874m. 121.135 (3) of the statutes is amended to read:

AB100-ASA1,1317,7 121.135 (3) This section does not apply beginning on the effective date of a resolution adopted under s. 115.86 (9) (c), except that in the school year beginning July 1 of the year prior to the effective date of the resolution, the department state superintendent shall certify to the department of administration from the appropriation under s. 20.255 (2) (bh) in favor of the county handicapped children's education board an amount equal to one-half the amount specified under sub. (2) for each pupil enrolled.

AB100-ASA1, s. 2174 Section 2174. 121.14 (1) of the statutes is amended to read:

AB100-ASA1,1317,17 121.14 (1) State aid shall be paid to each district or county handicapped children's education board only for those academic summer classes or laboratory periods for which the department state superintendent has given prior review and approval as to the content of such classes or laboratory periods so as to assure that such classes and laboratory periods are only for necessary academic purposes. Recreational programs and team sports shall not be eligible for aid under this section, and pupils participating in such programs shall not be counted as pupils enrolled under s. 121.004 (5) nor shall costs associated with such programs be included in shared costs under s. 121.07 (6).

AB100-ASA1, s. 2875m Section 2875m. 121.15 (1m) of the statutes is created to read:

AB100-ASA1,1318,2 121.15 (1m) Notwithstanding sub. (1), beginning in the 1997-98 school year, each school district shall receive a portion of its total aid entitlement on the 4th Monday of July of the following school year. This portion shall be determined by adjusting the other payments under sub. (1) (a) so that a total of $50,000,000 is distributed under this subsection in July, 1998, and a total of $150,000,000 is distributed under this subsection in each July thereafter. School districts shall treat the payment under this subsection as if it had been received in the previous school year.

AB100-ASA1, s. 2175 Section 2175. 121.15 (2) (c) of the statutes is amended to read:

AB100-ASA1,1318,9 121.15 (2) (c) If the department state superintendent notifies a school district that a state aid payment may be withheld under par. (a) or (b), the department state superintendent shall notify each member of the school board or the school district clerk. If the department state superintendent notifies the school district clerk, the school district clerk shall promptly distribute a copy of the notice to each member of the school board.

AB100-ASA1, s. 2876m Section 2876m. 121.15 (3m) (a) 1. of the statutes is amended to read:

AB100-ASA1,1318,13 121.15 (3m) (a) 1. "Partial school revenues" means the sum of state school aids, other than the amount appropriated under s. 20.255 (2) (cv), and property taxes levied for school districts.

AB100-ASA1, s. 2176 Section 2176. 121.15 (3m) (a) 2. of the statutes is amended to read:

AB100-ASA1,1318,19 121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (2), other than s. 20.255 (2) (fm), (fu), (k) and (m), and under s. 20.505 (4) (er) ss. 20.275 (1) (d), (es), (et), (f), (fs) and (u) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) (s) that are used to provide grants or educational telecommunications access to school districts under s. 196.218 (4r).

AB100-ASA1, s. 2878m Section 2878m. 121.15 (3m) (b) of the statutes is amended to read:

AB100-ASA1,1319,2 121.15 (3m) (b) By June 15, 1996, and annually by June 15 thereafter, the department, the department of administration and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals 66.7% two-thirds of partial school revenues.

AB100-ASA1, s. 2880m Section 2880m. 121.15 (4) of the statutes is amended to read:

AB100-ASA1,1319,12 121.15 (4) On July 1 and October 15, using the most accurate data available, the department state superintendent shall provide the department of revenue and each school district with an estimate of the total amount of state aid, as defined in s. 121.90 (2), the school district will receive in the current school year. On October 15, using the most accurate data available, the department state superintendent shall calculate the total amount of state aid, as defined in s. 121.90 (2), that each school district will receive in the current school year. Any adjustments to that calculation shall be made by increasing or decreasing the payment made in September of the following school year.

AB100-ASA1, s. 2177 Section 2177. 121.17 of the statutes is repealed and recreated to read:

AB100-ASA1,1319,19 121.17 Use of federal revenue sharing funds. It is the intent of the legislature that school districts receiving federal revenue sharing funds through the state under this subchapter shall utilize these funds in compliance with the federal revenue sharing requirements as defined in the state and local fiscal assistance act of 1972 (P.L. 92-512), as amended by P.L. 94-488. The department shall assure compliance with this section.

AB100-ASA1, s. 2881d Section 2881d. 121.23 (1) of the statutes is amended to read:

AB100-ASA1,1319,24 121.23 (1) In the event that the department state superintendent finds that school is not held, or educational standards are not maintained in accordance with s. 121.02 (1) (f) as the result of a strike by school district employes, make-up days are authorized to be scheduled but no make-up days are required.

AB100-ASA1, s. 2881h Section 2881h. 121.23 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1320,6 121.23 (2) (intro.) If a school district holds less than 180 days of school as the result of a strike by school district employes, for the purposes of computing general aid, the department state superintendent shall compute the school district's primary and secondary ceiling costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the department state superintendent shall:

AB100-ASA1,1320,7 " Section 2881m. 121.41 (1) of the statutes is amended to read:

AB100-ASA1,1320,18 121.41 (1) State aid. To promote a uniformly effective driver education program among high school and technical college pupils, each school district operating high school grades, each county handicapped children's education board which provides the substantial equivalent of a high school education and each technical college district shall receive $100 for each pupil of high school age who completes a course in driver education approved by the department under s. 115.28 (11), but in no case may the state aid exceed the actual cost of instruction. If the appropriation under s. 20.255 (2) (r) (em) is inadequate in any year to provide $100 per pupil, the state aid shall be prorated after the appropriation for administration is deducted. Such state aid shall be paid at the same time as the state aid under s. 121.08 is paid.

AB100-ASA1, s. 2881p Section 2881p. 121.51 (1) of the statutes is amended to read:

AB100-ASA1,1321,3 121.51 (1) "Attendance area" is the geographic area designated by the governing body of a private school as the area from which its pupils attend and approved by the school board of the district in which the private school is located. If the private school and the school board cannot agree on the attendance area, the department state superintendent shall, upon the request of the private school and the board, make a final determination of the attendance area. The attendance areas of private schools affiliated with the same religious denomination shall not overlap unless one school limits its enrollment to pupils of the same sex and the other school limits its enrollment to pupils of the opposite sex or admits pupils of both sexes.

AB100-ASA1, s. 2881t Section 2881t. 121.52 (1) (b) of the statutes is amended to read:

AB100-ASA1,1321,8 121.52 (1) (b) The school board may adopt additional rules, not inconsistent with law or with rules of the secretary of transportation or the department state superintendent, for the protection of the pupils or to govern the conduct of the person in charge of the motor vehicle used for transportation of pupils for compensation.

AB100-ASA1, s. 2178 Section 2178. 121.52 (4) of the statutes is amended to read:

AB100-ASA1,1321,14 121.52 (4) The use of any motor vehicle to transport pupils shall be discontinued upon receipt of an order signed by the secretary state superintendent or the secretary of transportation ordering such discontinuance. Personnel under the secretary state superintendent or the secretary of transportation may ride any school bus at any time for the purpose of inspection.

AB100-ASA1, s. 2882d Section 2882d. 121.53 (6) of the statutes is amended to read:

AB100-ASA1,1321,19 121.53 (6) Within 10 days after its occurrence, every accident involving a motor vehicle while providing transportation under this subchapter shall be reported to the appropriate school board and promptly by the school board to the department state superintendent on forms provided by the department state superintendent.

AB100-ASA1, s. 2882h Section 2882h. 121.54 (3) of the statutes is amended to read:

AB100-ASA1,1322,5 121.54 (3) Transportation for children with exceptional educational needs. Every school board shall provide transportation for children with exceptional educational needs, as defined in s. 115.76 (3), to any public or private elementary or high school, to the Wisconsin school for the visually handicapped or the Wisconsin school for the deaf or to any special educational program for children with exceptional educational needs sponsored by a state tax-supported institution of higher education, regardless of distance, if the request for such transportation is approved by the department state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this subsection.

AB100-ASA1, s. 2882p Section 2882p. 121.54 (4) (b) of the statutes is amended to read:

AB100-ASA1,1322,13 121.54 (4) (b) A school board, a county handicapped children's education board or a cooperative educational service agency may provide transportation regardless of distance for children with exceptional educational needs who attend a summer special education program under s. 115.83 (4), if a request for such transportation is approved by the department state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this paragraph.

AB100-ASA1, s. 2882t Section 2882t. 121.54 (9) of the statutes is amended to read:

AB100-ASA1,1323,11 121.54 (9) Transportation in areas of unusual hazards. (a) In school districts in which unusual hazards exist for pupils in walking to and from the school where they are enrolled, the school board shall develop a plan which shall show by map and explanation the nature of the unusual hazards to pupil travel and propose a plan of transportation if such transportation is necessary, which will provide proper safeguards for the school attendance of such pupils. Copies of the plan shall be filed with the sheriff of the county in which the principal office of the school district is located. The sheriff shall review the plan and may make suggestions for revision deemed appropriate. The sheriff shall investigate the site and plan and make a determination as to whether unusual hazards exist which cannot be corrected by local government and shall report the findings in writing to the department state superintendent and the school board concerned. Within 60, but not less than 30, days from the day on which the department state superintendent receives the sheriff's report, the department state superintendent shall determine whether unusual hazards to pupil travel exist and whether the plan provides proper safeguards for such pupils. If the department state superintendent makes findings which support the plan and the determination that unusual hazards exist which seriously jeopardize the safety of the pupils in their travel to and from school, the school board shall put the plan into effect and state aid shall be paid under s. 121.58 (2) (c) for any transportation of pupils under this subsection. Any city, village or town may reimburse, in whole or in part, a school district for costs incurred in providing transportation under this subsection for pupils who reside in the city, village or town.

AB100-ASA1,1323,22 (am) Any person aggrieved by the failure of a school board to file a plan with the sheriff as provided in par. (a) may notify the school board in writing that an area of unusual hazard exists. The school board shall reply to the aggrieved person in writing within 30 days of receipt of the aggrieved person's notice. The school board shall send a copy of the board's reply to the sheriff of the county in which the principal office of the school district is located and to the department state superintendent. Upon receipt of the school board's reply, the aggrieved person may request a hearing before the department state superintendent for a determination as to whether an area of unusual hazard exists. If the department state superintendent determines that an area of unusual hazard exists, the department state superintendent shall direct the school board to proceed as provided in par. (a).

AB100-ASA1,1324,2 (b) Within 30 days after the sheriff's report is received by the department state superintendent, any aggrieved person may request a hearing before the department state superintendent on the determination by the sheriff and on the plan. After such hearing, the department state superintendent shall proceed as provided in par. (a).

AB100-ASA1,1324,6 (c) The department state superintendent and the department of transportation shall establish a definition of "unusual hazards" and "area of unusual hazards" for the implementation of this subsection. Such definition shall be promulgated, as a rule, by the department state superintendent.

AB100-ASA1, s. 2179 Section 2179. 121.56 of the statutes is amended to read:

AB100-ASA1,1324,17 121.56 School bus routes. The school board of each district shall make and be responsible for all necessary provisions for the transportation of pupils, including establishment, administration and scheduling of school bus routes. Upon the request of any school board, the department state superintendent shall provide advice and counsel on problems of school transportation. Any private school shall, upon the request of the public school officials, supply all necessary information and reports. The transportation of public and private school pupils shall be effectively coordinated to insure the safety and welfare of the pupils. Upon receipt of a signed order from the secretary state superintendent, the school board shall discontinue any route specified by the secretary state superintendent.

AB100-ASA1, s. 2884m Section 2884m. 121.57 (1) (b) of the statutes is amended to read:

AB100-ASA1,1324,23 121.57 (1) (b) This subsection also applies to handicapped children. The department state superintendent may grant permission for a handicapped child to be transported to a school in another school district if an acceptable form of transportation is provided and if such school offers equal or better educational opportunities for the child.

AB100-ASA1, s. 2180 Section 2180. 121.58 (5) of the statutes is amended to read:

AB100-ASA1,1325,7 121.58 (5) (title) Department State superintendent approval. If the department state superintendent is satisfied that transportation or board and lodging was provided in compliance with law, the department state superintendent shall certify to the department of administration the sum due the school district. In case of differences concerning the character and sufficiency of the transportation or board and lodging, the department state superintendent may determine such matter and its his or her decision is final.

AB100-ASA1, s. 2888m Section 2888m. 121.76 (2) (a) of the statutes is amended to read:

AB100-ASA1,1325,11 121.76 (2) (a) All tuition shall be calculated under s. 121.83 unless the department state superintendent approves an alternative procedure consistent with s. 121.75.

AB100-ASA1, s. 2889m Section 2889m. 121.77 (2) (a) and (b) of the statutes are amended to read:

AB100-ASA1,1325,18 121.77 (2) (a) A tuition claim for each nonresident pupil or adult for whom services were provided under this subchapter during the preceding school year. The claim shall be filed with the school district clerk under s. 121.78, the department state superintendent under s. 121.79, the county clerk under s. 121.80, the pupil's parent or guardian under s. 121.81 or the adult under s. 121.82. Credit shall be given for prepayments.

AB100-ASA1,1325,20 (b) A certified copy of each tuition claim under par. (a) with the department state superintendent.

AB100-ASA1, s. 2890c Section 2890c. 121.78 (1) (a) of the statutes is amended to read:

AB100-ASA1,1326,3 121.78 (1) (a) Upon the approval of the department state superintendent, the school board of the district of residence and the school board of the district of attendance may make a written agreement to permit an elementary or high school pupil to attend a public school, including an out-of-state school, outside the school district of residence, and the school district of residence shall pay the tuition. The school district of residence shall be paid state aid as though the pupil were enrolled in the school district of residence.

AB100-ASA1, s. 2181 Section 2181. 121.845 (3) of the statutes is repealed and recreated to read:

AB100-ASA1,1326,6 121.845 (3) "School" means an organized educational activity operated by the school board and approved by the department.

AB100-ASA1, s. 2894d Section 2894d. 121.85 (4) (b) of the statutes is amended to read:

AB100-ASA1,1326,10 121.85 (4) (b) Any school board that, prior to May 4, 1976, established a plan to reduce racial imbalance in the school district is eligible for state aid under sub. (6) (a) if the department state superintendent approves the plan.

AB100-ASA1, s. 2894h Section 2894h. 121.87 (1) (intro.) of the statutes is amended to read: