Amendment ASA1-AB100

AB100-ASA1,1242,2 (b) The council for Milwaukee public schools grant programs under s. 115.28 (20) shall review the applications submitted under par. (a) and make recommendations to the secretary state superintendent regarding the schools to be selected and amounts of the grants to be awarded. The council's recommendations shall be based upon and include information regarding the degree to which the proposed projects will effectively meet the requirements under sub. (4).

AB100-ASA1,1242,8 (3) The department state superintendent shall determine the amount of the grant, if any, to be awarded a school board submitting an application under sub. (2) (a). Amounts awarded shall be paid from the appropriation under s. 20.255 (2) (do). Amounts awarded shall be used by the school board to supplement existing elementary school programs and not to supplant or replace funds otherwise available for such programs.

AB100-ASA1, s. 2750d Section 2750d. 115.45 (3m) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1242,11 115.45 (3m) (b) (intro.) The department state superintendent shall give priority in awarding grants under this section to all of the following programs:

AB100-ASA1, s. 2750g Section 2750g. 115.45 (4) (h) (intro.) of the statutes is amended to read:

AB100-ASA1,1242,14 115.45 (4) (h) (intro.) Annually, each identified school or private service provider shall report to the department state superintendent all of the following:

AB100-ASA1, s. 2750r Section 2750r. 115.45 (6) (intro.) of the statutes is amended to read:

AB100-ASA1,1242,16 115.45 (6) (intro.) The department state superintendent shall:

AB100-ASA1, s. 2086 Section 2086. 115.45 (6) (b) of the statutes is amended to read:

AB100-ASA1,1243,2 115.45 (6) (b) By March 1, 1986, and annually thereafter, submit to the joint committee on finance and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a budget report detailing the grants the department he or she intends to award under this section in the next fiscal year. The report shall provide summary data on the results of the annual testing required under sub. (4) (b) and include a description of the guidelines used to determine the individual schools and private service providers that will receive funds under this section and the types of expenditures eligible for such funds.

AB100-ASA1, s. 2751g Section 2751g. 115.45 (9) (b) of the statutes is amended to read:

AB100-ASA1,1243,6 115.45 (9) (b) The department state superintendent may authorize a school district to use up to 8% of a grant to pay the costs of transporting pupils under par. (a).

AB100-ASA1, s. 2751r Section 2751r. 115.45 (10) of the statutes is amended to read:

AB100-ASA1,1243,14 115.45 (10) Grants under this section shall be awarded for a 3-year period. The department state superintendent and the grant recipient shall jointly establish performance objectives for each proposed project and criteria for evaluating whether the project meets the objectives. At the end of the 3-year period, the department state superintendent shall determine whether the project met its objectives. A grant may not be renewed unless the department state superintendent determines that the project met its objectives.

AB100-ASA1, s. 2087 Section 2087. 115.47 of the statutes is amended to read:

AB100-ASA1,1243,17 115.47 Designated state official under agreement. The "designated state official" for this state under s. 115.46 shall be the secretary state superintendent.

AB100-ASA1, s. 2088 Section 2088. 115.48 of the statutes is repealed and recreated to read:

AB100-ASA1,1243,22 115.48 Contracts under agreement. True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the department and in the office of the secretary of state. The department shall publish all such contracts in convenient form.

AB100-ASA1, s. 2753b Section 2753b. 115.51 (1) of the statutes is amended to read:

AB100-ASA1,1244,3 115.51 (1) "Blind" includes persons visually handicapped, as determined by competent medical authority with the approval of the department state superintendent.

AB100-ASA1, s. 2753c Section 2753c. 115.52 (2) of the statutes is amended to read:

AB100-ASA1,1244,9 115.52 (2) The department state superintendent shall maintain and govern the school for the visually handicapped and the school for the deaf. The department state superintendent may fix the period of the school year at the schools at not less than 38 weeks, prescribe the school terms and confer diplomas upon meritorious pupils who have completed the prescribed curricula.

AB100-ASA1, s. 2753d Section 2753d. 115.52 (3) of the statutes is amended to read:

AB100-ASA1,1244,25 115.52 (3) All the blind and the deaf residents of this state 6 to 20 years old, and for the duration of a school term all the blind or deaf residents of this state who become 21 years old during that school term, who are capable of receiving instruction shall be received and taught in the schools free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the department state superintendent at an amount not less than $75 per month, but no nonresident shall be received to the exclusion of a resident pupil. The department state superintendent also may admit pupils who are 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the superintendent of the school to which the pupil will be assigned. All pupils shall equally and freely enjoy the benefits and privileges of the schools and have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination. The schools may provide transportation for resident pupils.

AB100-ASA1, s. 2753f Section 2753f. 115.52 (5) of the statutes is amended to read:

AB100-ASA1,1245,7 115.52 (5) The department state superintendent may grant approval for the maintenance of a summer school at the school for the deaf whenever it will be to the advantage of deaf persons and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of visually handicapped minors. There shall be a summer school each year at the school for the visually handicapped for visually handicapped adults.

AB100-ASA1, s. 2753h Section 2753h. 115.52 (6) of the statutes is amended to read:

AB100-ASA1,1245,13 115.52 (6) The department state superintendent may make charges for meals, living quarters, laundry and other services furnished to employes of the schools and their families. The department state superintendent also may make charges for services furnished to visitors at the schools and participants in training programs and institutes.

AB100-ASA1, s. 2753j Section 2753j. 115.53 (intro.) of the statutes is amended to read:

AB100-ASA1,1245,16 115.53 (title) Department State superintendent; powers. (intro.) The department state superintendent may:

AB100-ASA1, s. 2753L Section 2753L. 115.53 (4) (b) of the statutes is amended to read:

AB100-ASA1,1245,25 115.53 (4) (b) The net cost of hospital treatment shall be at the rate established under s. 233.40 (1) and shall be chargeable to the appropriation for operating the patient's school. The department state superintendent likewise may authorize payment for the expense of transporting patients to and from the hospital. The department state superintendent shall make payments for the treatment to the University of Wisconsin Hospitals and Clinics Authority. Funds collected by the department state superintendent on account of the hospitalization shall be deposited in the appropriation under s. 20.255 (1) (b) for the school concerned.

AB100-ASA1, s. 2753n Section 2753n. 115.53 (5) of the statutes is amended to read:

AB100-ASA1,1246,5 115.53 (5) Arrange for visits by members of the staff of either school to other public schools or to families of blind or deaf children, whenever it appears to the department state superintendent that such visits will be of advantage to blind or deaf children.

AB100-ASA1, s. 2753p Section 2753p. 115.55 of the statutes is amended to read:

AB100-ASA1,1246,13 115.55 Library for the blind and visually handicapped. Embossed, clear type or large type text books acquired by the school for the visually handicapped shall constitute a circulating collection for the blind and visually handicapped. The collection shall be kept at the school and be under the supervision of its superintendent. All blind and visually handicapped school age children of the state may use such books upon compliance with rules made by the superintendent and approved by the department state superintendent.

AB100-ASA1, s. 2753r Section 2753r. 115.58 of the statutes is amended to read:

AB100-ASA1,1246,22 115.58 Park grounds. The department state superintendent may permit the city of Janesville to use portions of the grounds of the state school for the visually handicapped at Janesville, which abut on the Rock river, for purposes of operating a city park. Any construction on such grounds is subject to prior approval by the department state superintendent. Any agreement pursuant hereto shall be cancelable at the option of either party without liability. Any such grounds so used by the city of Janesville shall be supervised by the city and shall be subject to the ordinances of the city of Janesville applicable to city parks.

AB100-ASA1, s. 2753t Section 2753t. 115.71 (2) (d) of the statutes is amended to read:

AB100-ASA1,1247,3 115.71 (2) (d) Determined to be an Indian under rules promulgated by the department state superintendent in coordination with the board under s. 115.28 (17) (c).

AB100-ASA1, s. 2089 Section 2089. 115.745 of the statutes is repealed.

AB100-ASA1, s. 2754c Section 2754c. 115.75 (1) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1247,7 115.75 (1) (b) (intro.) No alternative school may receive state aid under this section unless the department state superintendent:

AB100-ASA1, s. 2754g Section 2754g. 115.75 (1) (b) 2. of the statutes is amended to read:

AB100-ASA1,1247,13 115.75 (1) (b) 2. Certifies that the alternative school has met the requirements of ss. 115.73 and 115.735 and has submitted a report to the department state superintendent which includes a description of all expenditures made in the prior year in connection with the program, a budget for the current year for the program and the number of pupils who have completed the fall semester in the program.

AB100-ASA1, s. 2754n Section 2754n. 115.76 (3) (intro.) of the statutes is amended to read:

AB100-ASA1,1247,18 115.76 (3) (intro.) "Child with exceptional educational needs" means a child with any of the following conditions, or such other conditions as the department state superintendent determines, who may require educational services to supplement or replace regular education:

AB100-ASA1, s. 2754r Section 2754r. 115.76 (3) (m) of the statutes is amended to read:

AB100-ASA1,1247,21 115.76 (3) (m) Any combination of conditions named by the department state superintendent or enumerated in pars. (a) to (L).

AB100-ASA1, s. 2754w Section 2754w. 115.76 (8) of the statutes is amended to read:

AB100-ASA1,1247,25 115.76 (8) "Reduced program" means any program which has decreased its educational services, facilities or staff in the manner and degree specified in written standards issued by the department state superintendent.

AB100-ASA1, s. 2090 Section 2090. 115.77 (1) of the statutes is amended to read:

AB100-ASA1,1248,3 115.77 (1) Appointment of administrator. The secretary state superintendent shall appoint the administrator.

AB100-ASA1, s. 2091 Section 2091. 115.77 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1248,6 115.77 (2) Duties of administrator. (intro.) Subject to the direction of the secretary state superintendent, the administrator:

AB100-ASA1, s. 2756d Section 2756d. 115.77 (3) (a) of the statutes is amended to read:

AB100-ASA1,1248,10 115.77 (3) (a) Services for children with exceptional educational needs who are under the jurisdiction of the department state superintendent and for the Wisconsin school for the deaf and the Wisconsin school for the visually handicapped.

AB100-ASA1, s. 2756h Section 2756h. 115.77 (3) (d) 3. of the statutes is amended to read:

AB100-ASA1,1248,14 115.77 (3) (d) 3. Recommending to the department state superintendent standards for certification of personnel whom the department state superintendent determines to be involved in the education of children described in this paragraph.

AB100-ASA1, s. 2756p Section 2756p. 115.78 (intro.) of the statutes is amended to read:

AB100-ASA1,1248,19 115.78 State exceptional educational needs plan. (intro.) The department state superintendent shall annually issue and make public a state plan for the education of children with exceptional educational needs. The state plan shall include:

AB100-ASA1, s. 2756t Section 2756t. 115.781 of the statutes is amended to read:

AB100-ASA1,1249,4 115.781 Reports of service to handicapped children. The department state superintendent shall report to the governor, the joint committee on finance and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), the state's progress toward achieving full service to handicapped children under the education for all handicapped children act of 1975 (P.L. 94-142). The department state superintendent shall submit reports under this section within 45 days of the collection of data for the submission of the report of handicapped children receiving special education and related services, or its successor forms, as required under P.L. 94-142.

AB100-ASA1, s. 2092 Section 2092. 115.79 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1249,7 115.79 (1) (intro.) The secretary state superintendent shall consult with the council on exceptional education concerning:

AB100-ASA1, s. 2093 Section 2093. 115.79 (1) (d) of the statutes is amended to read:

AB100-ASA1,1249,10 115.79 (1) (d) Any other matters upon which the secretary state superintendent wishes the council's opinion.

AB100-ASA1, s. 2758m Section 2758m. 115.80 (3) (a) of the statutes is amended to read:

AB100-ASA1,1250,3 115.80 (3) (a) The school board shall appoint a multidisciplinary team for each child reported to it under sub. (1) who resides in the school district and has not graduated from high school and for each child identified under sub. (2). A multidisciplinary team shall be composed of 2 or more persons who are skilled in assessing the exceptional educational needs that a child may have and who are skilled in programming for children with exceptional educational needs. The department state superintendent shall determine the method of appointing members to the team and may require that there be additional members. The number and specialties of additional members may depend on the exceptional educational needs that the particular child is believed to have. Before a child is sent from a state or county residential facility to a school district, the department state superintendent may require that the team for the school district to which the child may be sent include or consult with persons appointed by the governing body of the residential facility. For the evaluation of a child who resides and is receiving education only at a state or county residential facility, the multidisciplinary team shall be appointed by and make recommendations under pars. (c) and (d) to the governing body of the residential facility in which the child resides.

AB100-ASA1, s. 2761d Section 2761d. 115.815 (4) (c) of the statutes is amended to read:

AB100-ASA1,1250,16 115.815 (4) (c) Whenever a school board receives a referral under par. (a) 4., the school board shall assign staff to determine whether the child can appropriately be placed in a special education program operated by the school district. If the assigned staff determines that the child can appropriately be placed in a special education program operated by the school district, the school board shall provide an education program for the child and is eligible for state tuition payments under s. 121.79 (1) (a). If the assigned staff determines that the child cannot appropriately be placed in a special education program operated by the school district, the school board shall keep a written record of the reasons for that determination. If there is a dispute regarding the placement of a child under this paragraph between the school board of the originating school district and the school board receiving the referral, the department state superintendent shall resolve the dispute under s. 115.85 (2m).

AB100-ASA1, s. 2761f Section 2761f. 115.815 (5) of the statutes is amended to read:

AB100-ASA1,1250,19 115.815 (5) Rules. The department state superintendent shall promulgate rules to implement and administer this section.

AB100-ASA1, s. 2761h Section 2761h. 115.83 (2) of the statutes is amended to read:

AB100-ASA1,1251,2 115.83 (2) A special education program may consist of such special education programs for children as to allow them to attend regular education programs, one or more special schools or preschools, special sections within a school or preschool, special instruction centers, special instruction at the home or residence of the child or at any other location or any other special education program approved by the department state superintendent.

AB100-ASA1, s. 2761p Section 2761p. 115.83 (5) of the statutes is amended to read:

AB100-ASA1,1251,7 115.83 (5) The courses, qualifications of teachers, coordinators, social workers and school psychologists and plan of organizing and maintaining special education programs and other services shall comply with requirements established by the department state superintendent.

AB100-ASA1, s. 2761t Section 2761t. 115.85 (1) (b) of the statutes is amended to read:

AB100-ASA1,1251,12 115.85 (1) (b) A school district may provide special education for preschool children under the age of 3 years and instruction for their parents. Such special education shall be subject to the approval of and shall comply with requirements established by the department state superintendent.

AB100-ASA1, s. 2763m Section 2763m. 115.85 (2) (c) 1. of the statutes is amended to read:

AB100-ASA1,1251,15 115.85 (2) (c) 1. Upon the approval of the department state superintendent, the child may be placed in a public special education program located in another state.

AB100-ASA1, s. 2094 Section 2094. 115.85 (2) (c) 2. (intro.) of the statutes is amended to read:

AB100-ASA1,1251,20 115.85 (2) (c) 2. (intro.) The department state superintendent shall approve a placement in a public special education program located in another state if the department he or she determines that the program is appropriate to meet the child's exceptional educational needs and that:

AB100-ASA1, s. 2764m Section 2764m. 115.85 (2) (d) of the statutes is amended to read:

AB100-ASA1,1252,5 115.85 (2) (d) To provide a special education program which is appropriate to the child's needs, the school board may, upon approval of the department state superintendent and if no equivalent public program is available, contract with a private special education service if the placement is warranted on the basis of a less restrictive environment alternative. Private special education services provided under this subchapter may not include religious or sectarian teachings or instruction. If the local school board utilizes the placement option under this paragraph, the school district of residence and not the county of residence shall pay tuition charges for exceptional children.

AB100-ASA1, s. 2095 Section 2095. 115.85 (2m) of the statutes is amended to read:

AB100-ASA1,1252,14 115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and family services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the department state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.48 (4) (17) (a) 3., 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

AB100-ASA1, s. 2767b Section 2767b. 115.86 (5) (d) of the statutes is amended to read:

AB100-ASA1,1252,24 115.86 (5) (d) Annually by October 1, the board and the school boards of the school districts participating in the county program shall submit a report to the department state superintendent that specifies the portion of each school day that each pupil enrolled in the county program who is also enrolled in the school district of the pupil's residence spent in county program classes in the previous school year and the portion of the school day that the pupil spent in school district classes in the previous school year. The department state superintendent shall develop guidelines for a full-time equivalency methodology. The department state superintendent is not required to promulgate the guidelines as rules.