AB100-ASA1,1244,95 115.52 (2) The department state superintendent shall maintain and govern the
6school for the visually handicapped and the school for the deaf. The department state
7superintendent
may fix the period of the school year at the schools at not less than
838 weeks, prescribe the school terms and confer diplomas upon meritorious pupils
9who have completed the prescribed curricula.
AB100-ASA1, s. 2753d 10Section 2753d. 115.52 (3) of the statutes is amended to read:
AB100-ASA1,1244,2511 115.52 (3) All the blind and the deaf residents of this state 6 to 20 years old,
12and for the duration of a school term all the blind or deaf residents of this state who
13become 21 years old during that school term, who are capable of receiving instruction
14shall be received and taught in the schools free of charge. Like nonresident pupils
15also may be received upon payment in advance of the fees fixed by the department
16state superintendent at an amount not less than $75 per month, but no nonresident
17shall be received to the exclusion of a resident pupil. The department state
18superintendent
also may admit pupils who are 21 years of age or older prior to the
19beginning of a school term upon the payment of fees fixed by the superintendent and
20upon the recommendation of the secretary of health and family services, the director
21of the technical college system or the superintendent of the school to which the pupil
22will be assigned. All pupils shall equally and freely enjoy the benefits and privileges
23of the schools and have the use of the library and books of instruction and receive
24board, lodging and laundry, without discrimination. The schools may provide
25transportation for resident pupils.
AB100-ASA1, s. 2753f
1Section 2753f. 115.52 (5) of the statutes is amended to read:
AB100-ASA1,1245,72 115.52 (5) The department state superintendent may grant approval for the
3maintenance of a summer school at the school for the deaf whenever it will be to the
4advantage of deaf persons and may grant approval for the maintenance of a summer
5school at the school for the visually handicapped whenever it will be to the advantage
6of visually handicapped minors. There shall be a summer school each year at the
7school for the visually handicapped for visually handicapped adults.
AB100-ASA1, s. 2753h 8Section 2753h. 115.52 (6) of the statutes is amended to read:
AB100-ASA1,1245,139 115.52 (6) The department state superintendent may make charges for meals,
10living quarters, laundry and other services furnished to employes of the schools and
11their families. The department state superintendent also may make charges for
12services furnished to visitors at the schools and participants in training programs
13and institutes.
AB100-ASA1, s. 2753j 14Section 2753j. 115.53 (intro.) of the statutes is amended to read:
AB100-ASA1,1245,16 15115.53 (title) Department State superintendent; powers. (intro.) The
16department state superintendent may:
AB100-ASA1, s. 2753L 17Section 2753L. 115.53 (4) (b) of the statutes is amended to read:
AB100-ASA1,1245,2518 115.53 (4) (b) The net cost of hospital treatment shall be at the rate established
19under s. 233.40 (1) and shall be chargeable to the appropriation for operating the
20patient's school. The department state superintendent likewise may authorize
21payment for the expense of transporting patients to and from the hospital. The
22department state superintendent shall make payments for the treatment to the
23University of Wisconsin Hospitals and Clinics Authority. Funds collected by the
24department state superintendent on account of the hospitalization shall be deposited
25in the appropriation under s. 20.255 (1) (b) for the school concerned.
AB100-ASA1, s. 2753n
1Section 2753n. 115.53 (5) of the statutes is amended to read:
AB100-ASA1,1246,52 115.53 (5) Arrange for visits by members of the staff of either school to other
3public schools or to families of blind or deaf children, whenever it appears to the
4department state superintendent that such visits will be of advantage to blind or deaf
5children.
AB100-ASA1, s. 2753p 6Section 2753p. 115.55 of the statutes is amended to read:
AB100-ASA1,1246,13 7115.55 Library for the blind and visually handicapped. Embossed, clear
8type or large type text books acquired by the school for the visually handicapped shall
9constitute a circulating collection for the blind and visually handicapped. The
10collection shall be kept at the school and be under the supervision of its
11superintendent. All blind and visually handicapped school age children of the state
12may use such books upon compliance with rules made by the superintendent and
13approved by the department state superintendent.
AB100-ASA1, s. 2753r 14Section 2753r. 115.58 of the statutes is amended to read:
AB100-ASA1,1246,22 15115.58 Park grounds. The department state superintendent may permit the
16city of Janesville to use portions of the grounds of the state school for the visually
17handicapped at Janesville, which abut on the Rock river, for purposes of operating
18a city park. Any construction on such grounds is subject to prior approval by the
19department state superintendent. Any agreement pursuant hereto shall be
20cancelable at the option of either party without liability. Any such grounds so used
21by the city of Janesville shall be supervised by the city and shall be subject to the
22ordinances of the city of Janesville applicable to city parks.
AB100-ASA1, s. 2753t 23Section 2753t. 115.71 (2) (d) of the statutes is amended to read:
AB100-ASA1,1247,3
1115.71 (2) (d) Determined to be an Indian under rules promulgated by the
2department state superintendent in coordination with the board under s. 115.28 (17)
3(c).
AB100-ASA1, s. 2089 4Section 2089. 115.745 of the statutes is repealed.
AB100-ASA1, s. 2754c 5Section 2754c. 115.75 (1) (b) (intro.) of the statutes is amended to read:
AB100-ASA1,1247,76 115.75 (1) (b) (intro.) No alternative school may receive state aid under this
7section unless the department state superintendent:
AB100-ASA1, s. 2754g 8Section 2754g. 115.75 (1) (b) 2. of the statutes is amended to read:
AB100-ASA1,1247,139 115.75 (1) (b) 2. Certifies that the alternative school has met the requirements
10of ss. 115.73 and 115.735 and has submitted a report to the department state
11superintendent
which includes a description of all expenditures made in the prior
12year in connection with the program, a budget for the current year for the program
13and the number of pupils who have completed the fall semester in the program.
AB100-ASA1, s. 2754n 14Section 2754n. 115.76 (3) (intro.) of the statutes is amended to read:
AB100-ASA1,1247,1815 115.76 (3) (intro.) "Child with exceptional educational needs" means a child
16with any of the following conditions, or such other conditions as the department state
17superintendent
determines, who may require educational services to supplement or
18replace regular education:
AB100-ASA1, s. 2754r 19Section 2754r. 115.76 (3) (m) of the statutes is amended to read:
AB100-ASA1,1247,2120 115.76 (3) (m) Any combination of conditions named by the department state
21superintendent
or enumerated in pars. (a) to (L).
AB100-ASA1, s. 2754w 22Section 2754w. 115.76 (8) of the statutes is amended to read:
AB100-ASA1,1247,2523 115.76 (8) "Reduced program" means any program which has decreased its
24educational services, facilities or staff in the manner and degree specified in written
25standards issued by the department state superintendent.
AB100-ASA1, s. 2090
1Section 2090. 115.77 (1) of the statutes is amended to read:
AB100-ASA1,1248,32 115.77 (1) Appointment of administrator. The secretary state superintendent
3shall appoint the administrator.
AB100-ASA1, s. 2091 4Section 2091. 115.77 (2) (intro.) of the statutes is amended to read:
AB100-ASA1,1248,65 115.77 (2)Duties of administrator. (intro.) Subject to the direction of the
6secretary state superintendent, the administrator:
AB100-ASA1, s. 2756d 7Section 2756d. 115.77 (3) (a) of the statutes is amended to read:
AB100-ASA1,1248,108 115.77 (3) (a) Services for children with exceptional educational needs who are
9under the jurisdiction of the department state superintendent and for the Wisconsin
10school for the deaf and the Wisconsin school for the visually handicapped.
AB100-ASA1, s. 2756h 11Section 2756h. 115.77 (3) (d) 3. of the statutes is amended to read:
AB100-ASA1,1248,1412 115.77 (3) (d) 3. Recommending to the department state superintendent
13standards for certification of personnel whom the department state superintendent
14determines to be involved in the education of children described in this paragraph.
AB100-ASA1, s. 2756p 15Section 2756p. 115.78 (intro.) of the statutes is amended to read:
AB100-ASA1,1248,19 16115.78 State exceptional educational needs plan. (intro.) The
17department state superintendent shall annually issue and make public a state plan
18for the education of children with exceptional educational needs. The state plan shall
19include:
AB100-ASA1, s. 2756t 20Section 2756t. 115.781 of the statutes is amended to read:
AB100-ASA1,1249,4 21115.781 Reports of service to handicapped children. The department
22state superintendent shall report to the governor, the joint committee on finance and
23the chief clerk of each house of the legislature, for distribution to the appropriate
24standing committees under s. 13.172 (3), the state's progress toward achieving full
25service to handicapped children under the education for all handicapped children act

1of 1975 (P.L. 94-142). The department state superintendent shall submit reports
2under this section within 45 days of the collection of data for the submission of the
3report of handicapped children receiving special education and related services, or
4its successor forms, as required under P.L. 94-142.
AB100-ASA1, s. 2092 5Section 2092. 115.79 (1) (intro.) of the statutes is amended to read:
AB100-ASA1,1249,76 115.79 (1) (intro.) The secretary state superintendent shall consult with the
7council on exceptional education concerning:
AB100-ASA1, s. 2093 8Section 2093. 115.79 (1) (d) of the statutes is amended to read:
AB100-ASA1,1249,109 115.79 (1) (d) Any other matters upon which the secretary state
10superintendent
wishes the council's opinion.
AB100-ASA1, s. 2758m 11Section 2758m. 115.80 (3) (a) of the statutes is amended to read:
AB100-ASA1,1250,312 115.80 (3) (a) The school board shall appoint a multidisciplinary team for each
13child reported to it under sub. (1) who resides in the school district and has not
14graduated from high school and for each child identified under sub. (2). A
15multidisciplinary team shall be composed of 2 or more persons who are skilled in
16assessing the exceptional educational needs that a child may have and who are
17skilled in programming for children with exceptional educational needs. The
18department state superintendent shall determine the method of appointing
19members to the team and may require that there be additional members. The
20number and specialties of additional members may depend on the exceptional
21educational needs that the particular child is believed to have. Before a child is sent
22from a state or county residential facility to a school district, the department state
23superintendent
may require that the team for the school district to which the child
24may be sent include or consult with persons appointed by the governing body of the
25residential facility. For the evaluation of a child who resides and is receiving

1education only at a state or county residential facility, the multidisciplinary team
2shall be appointed by and make recommendations under pars. (c) and (d) to the
3governing body of the residential facility in which the child resides.
AB100-ASA1, s. 2761d 4Section 2761d. 115.815 (4) (c) of the statutes is amended to read:
AB100-ASA1,1250,165 115.815 (4) (c) Whenever a school board receives a referral under par. (a) 4., the
6school board shall assign staff to determine whether the child can appropriately be
7placed in a special education program operated by the school district. If the assigned
8staff determines that the child can appropriately be placed in a special education
9program operated by the school district, the school board shall provide an education
10program for the child and is eligible for state tuition payments under s. 121.79 (1) (a).
11If the assigned staff determines that the child cannot appropriately be placed in a
12special education program operated by the school district, the school board shall keep
13a written record of the reasons for that determination. If there is a dispute regarding
14the placement of a child under this paragraph between the school board of the
15originating school district and the school board receiving the referral, the
16department state superintendent shall resolve the dispute under s. 115.85 (2m).
AB100-ASA1, s. 2761f 17Section 2761f. 115.815 (5) of the statutes is amended to read:
AB100-ASA1,1250,1918 115.815 (5) Rules. The department state superintendent shall promulgate
19rules to implement and administer this section.
AB100-ASA1, s. 2761h 20Section 2761h. 115.83 (2) of the statutes is amended to read:
AB100-ASA1,1251,221 115.83 (2) A special education program may consist of such special education
22programs for children as to allow them to attend regular education programs, one or
23more special schools or preschools, special sections within a school or preschool,
24special instruction centers, special instruction at the home or residence of the child

1or at any other location or any other special education program approved by the
2department state superintendent.
AB100-ASA1, s. 2761p 3Section 2761p. 115.83 (5) of the statutes is amended to read:
AB100-ASA1,1251,74 115.83 (5) The courses, qualifications of teachers, coordinators, social workers
5and school psychologists and plan of organizing and maintaining special education
6programs and other services shall comply with requirements established by the
7department state superintendent.
AB100-ASA1, s. 2761t 8Section 2761t. 115.85 (1) (b) of the statutes is amended to read:
AB100-ASA1,1251,129 115.85 (1) (b) A school district may provide special education for preschool
10children under the age of 3 years and instruction for their parents. Such special
11education shall be subject to the approval of and shall comply with requirements
12established by the department state superintendent.
AB100-ASA1, s. 2763m 13Section 2763m. 115.85 (2) (c) 1. of the statutes is amended to read:
AB100-ASA1,1251,1514 115.85 (2) (c) 1. Upon the approval of the department state superintendent, the
15child may be placed in a public special education program located in another state.
AB100-ASA1, s. 2094 16Section 2094. 115.85 (2) (c) 2. (intro.) of the statutes is amended to read:
AB100-ASA1,1251,2017 115.85 (2) (c) 2. (intro.) The department state superintendent shall approve a
18placement in a public special education program located in another state if the
19department
he or she determines that the program is appropriate to meet the child's
20exceptional educational needs and that:
AB100-ASA1, s. 2764m 21Section 2764m. 115.85 (2) (d) of the statutes is amended to read:
AB100-ASA1,1252,522 115.85 (2) (d) To provide a special education program which is appropriate to
23the child's needs, the school board may, upon approval of the department state
24superintendent
and if no equivalent public program is available, contract with a
25private special education service if the placement is warranted on the basis of a less

1restrictive environment alternative. Private special education services provided
2under this subchapter may not include religious or sectarian teachings or
3instruction. If the local school board utilizes the placement option under this
4paragraph, the school district of residence and not the county of residence shall pay
5tuition charges for exceptional children.
AB100-ASA1, s. 2095 6Section 2095. 115.85 (2m) of the statutes is amended to read:
AB100-ASA1,1252,147 115.85 (2m) Placement disputes. If a dispute arises between the school board
8and the department of health and family services, the department of corrections or
9a county department under s. 46.215, 46.22 or 46.23, or between school boards under
10s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub.
11(2), the department state superintendent shall resolve the dispute. This subsection
12applies only to placements in nonresidential educational programs made under s.
1348.48 (4) (17) (a) 3., 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child
14caring institutions made under s. 115.815.
AB100-ASA1, s. 2767b 15Section 2767b. 115.86 (5) (d) of the statutes is amended to read:
AB100-ASA1,1252,2416 115.86 (5) (d) Annually by October 1, the board and the school boards of the
17school districts participating in the county program shall submit a report to the
18department state superintendent that specifies the portion of each school day that
19each pupil enrolled in the county program who is also enrolled in the school district
20of the pupil's residence spent in county program classes in the previous school year
21and the portion of the school day that the pupil spent in school district classes in the
22previous school year. The department state superintendent shall develop guidelines
23for a full-time equivalency methodology. The department state superintendent is
24not required to promulgate the guidelines as rules.
AB100-ASA1, s. 2767e 25Section 2767e. 115.86 (7) (a) of the statutes is amended to read:
AB100-ASA1,1253,12
1115.86 (7) (a) The school board of any district which is included under the
2administration of a board may withdraw from participation in any part of the
3program only with the approval of the department state superintendent after
4conference with the board and a determination by the department state
5superintendent
that such withdrawal is in the interest of the program in the county
6and the school district affected. Such withdrawal shall be effective only if the school
7board has the approval of the division to establish an equivalent part of a program.
8Such withdrawal shall be effective either December 31 or June 30 provided that 12
9months' notice has been given to the board. The withdrawing school district shall
10be liable for its proportionate share of all operating costs until its withdrawal
11becomes effective, shall continue to be liable for its share of debt incurred while it was
12a participant and shall receive no share in the assets.
AB100-ASA1, s. 2767g 13Section 2767g. 115.86 (8) of the statutes is amended to read:
AB100-ASA1,1253,2214 115.86 (8) Transportation. The board may promulgate a plan for the
15transportation at county expense of children who are participating in special
16education programs under this section, special education programs operated at day
17care centers or special education programs operated by a private organization within
18whose attendance area the child resides and which is situated not more than 5 miles
19beyond the boundaries of the area the board serves, as measured along the usually
20traveled route. The plan, upon approval of the department state superintendent,
21shall govern the transportation of such children. Any such plan for transportation
22during the school term supersedes ss. 115.88 and 121.54 (3).
AB100-ASA1, s. 2767j 23Section 2767j. 115.86 (11) of the statutes is amended to read:
AB100-ASA1,1253,2524 115.86 (11) Violations. The department state superintendent shall withhold
25aid from any board that is in violation of this section.
AB100-ASA1, s. 2767L
1Section 2767L. 115.87 (8) of the statutes is amended to read:
AB100-ASA1,1254,82 115.87 (8) Upon the advance approval of the department state superintendent,
3the school board of any district may place a child in a special education program
4outside this state in accordance with s. 115.85 (2) (c) or a special education program
5operated by a private, nonsectarian special education service either within or outside
6the state in accordance with s. 115.85 (2) (d). The school district of residence shall
7pay the tuition and transportation in accordance with the procedure established for
8the payment of tuition by the school district under s. 121.78.
AB100-ASA1, s. 2767p 9Section 2767p. 115.88 (1) of the statutes is amended to read:
AB100-ASA1,1254,2110 115.88 (1) Program aid. (am) If, upon receipt of the report under s. 115.84, the
11department state superintendent is satisfied that the special education program has
12been maintained during the preceding school year in accordance with law, the
13department state superintendent shall certify to the department of administration
14in favor of each county, cooperative educational service agency and school district
15maintaining such special education program a sum equal to 63% of the amount
16expended by the county, agency and school district during the preceding year for
17salaries of personnel enumerated in s. 115.83 (1), including the salary portion of any
18authorized contract for physical or occupational therapy services, except as provided
19in par. (b), and other expenses approved by the department state superintendent.
20The department of administration shall pay such amounts to the county, agency and
21school district from the appropriation under s. 20.255 (2) (b).
AB100-ASA1,1255,222 (b) Salaries of licensed school psychologists and licensed school social workers
23shall be reimbursed at 51% without regard to whether they are employed in a
24program for handicapped children. The school district, county handicapped
25children's education board or cooperative educational service agency shall include in

1the report under s. 115.84 any information required by the department state
2superintendent
relating to use of a school psychologist or school social worker.
AB100-ASA1, s. 2767s 3Section 2767s. 115.88 (2) of the statutes is amended to read:
AB100-ASA1,1255,184 115.88 (2) Transportation aid. If upon receipt of the report under s. 115.84 the
5department state superintendent is satisfied that the transportation of children with
6exceptional educational needs has been maintained during the preceding year in
7accordance with the law, the department state superintendent shall certify to the
8department of administration in favor of each county, cooperative educational
9service agency or school district transporting such pupils 63% of the amount
10expended for such transportation. Pupils for whom aid is paid under this subsection
11shall not be eligible for aid under s. 121.58 (2) or (4). The department of
12administration shall pay such amounts to the county, agency or school district from
13the appropriations under s. 20.255 (2) (b) and (u) (br). This subsection applies to any
14child with exceptional educational needs who requires special assistance in
15transportation, including any such child attending regular classes who requires
16special or additional transportation. This subsection does not apply to any child with
17exceptional educational needs attending regular or special classes who does not
18require any special or additional transportation.
AB100-ASA1, s. 2767u 19Section 2767u. 115.88 (6) of the statutes is amended to read:
AB100-ASA1,1255,2420 115.88 (6) Aid for instruction outside of district. From the appropriation
21under s. 20.255 (2) (b) there shall be paid the full cost of salary and travel expenses,
22in amounts determined in advance by the department state superintendent, to
23school districts for providing special education outside the school district of
24employment.
AB100-ASA1, s. 2767w 25Section 2767w. 115.88 (8) of the statutes is amended to read:
AB100-ASA1,1256,10
1115.88 (8) Enrollment out of state. If a child with exceptional educational
2needs is enrolled in a public special education program under s. 115.85 (2) (c) 2. and
3the department state superintendent is satisfied that the program in which the child
4is enrolled complies with this subchapter, the department state superintendent shall
5certify to the department of administration in favor of the school district of residence
6a sum equal to the percentage of the approved costs under subs. (1) and (2) of the
7amount expended by the school district during the preceding year for the additional
8costs associated with the child's special education program. The department of
9administration shall pay the amount to the school district from the appropriation
10under s. 20.255 (2) (b).
AB100-ASA1, s. 2767x 11Section 2767x. 115.882 of the statutes is amended to read:
AB100-ASA1,1256,16 12115.882 Proration of state aid. If the sum of the appropriations under s.
1320.255 (2) (b) and (u) (br) in any one year is insufficient to pay the full amount of aid
14under ss. 115.88 and 118.255, state aid payments shall be prorated among the
15counties, school districts and cooperative educational service agencies entitled
16thereto.
AB100-ASA1, s. 2096 17Section 2096. 115.89 of the statutes is amended to read:
AB100-ASA1,1256,24 18115.89 Noncomplying school district; remedies. (1) If, after a public
19hearing in the school district or as the result of a monitoring procedure or a complaint
20investigation, the department state superintendent finds that a school board has
21violated this subchapter or the rules promulgated under this subchapter, the
22department state superintendent may make recommendations to the school board
23to remedy the violation and may require the school board to submit a remedial plan
24incorporating such recommendations.
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