Amendment ASA1-AB100

AB100-ASA1, s. 2770m Section 2770m. 116.01 of the statutes is amended to read:

AB100-ASA1,1261,16 116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for a service unit between the school district and the department state superintendent. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts and between school districts and the state. Cooperative educational service agencies may provide leadership, coordination and education services to school districts, University of Wisconsin System institutions and centers and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public and private schools, agencies and organizations that provide services to pupils.

AB100-ASA1, s. 2099 Section 2099. 116.02 (1) (c) of the statutes is amended to read:

AB100-ASA1,1261,23 116.02 (1) (c) The department state superintendent shall cause to convene annually on the day that the board of control holds its annual organizational meeting under par. (a) a convention composed of the representative from each school board in the agency. There shall be no more than one representative from each union high school district. The convention may direct the board of control to determine a different date for the annual organizational meeting.

AB100-ASA1, s. 2100 Section 2100. 116.03 (10) of the statutes is repealed and recreated to read:

AB100-ASA1,1262,5 116.03 (10) Authorize the expenditure of money for the purposes set forth in this chapter and for the actual and necessary expenses of the board of control and agency administrator and for the acquisition of equipment, space and personnel. All accounts of the agency shall be paid by check, share draft or other draft signed by the chairperson and secretary to the board of control.

AB100-ASA1, s. 2101 Section 2101. 116.03 (11) of the statutes is amended to read:

AB100-ASA1,1262,11 116.03 (11) Establish the salaries of the agency administrator and other professional and nonprofessional employes. State reimbursement for the cost of the salary of the agency administrator shall be equal to the actual salary paid or the maximum of the salary range for public instruction supervisors in the department under the state superintendent, whichever is less.

AB100-ASA1, s. 2774m Section 2774m. 116.03 (12m) of the statutes is repealed and recreated to read:

AB100-ASA1,1262,15 116.03 (12m) Every 3rd year as scheduled by the state superintendent, provide to the school board of each school district in the agency an accountability plan that addresses both the efficiency and effectiveness of all agency programs and services.

AB100-ASA1, s. 2775m Section 2775m. 116.03 (13) of the statutes is amended to read:

AB100-ASA1,1262,19 116.03 (13) Every 3rd year, as scheduled by the department state superintendent, submit to the department state superintendent for its his or her approval an evaluation of agency programs and services.

AB100-ASA1, s. 2775n Section 2775n. 116.06 (1) of the statutes is amended to read:

AB100-ASA1,1263,4 116.06 (1) Upon the petition of a school board of a district operating high school grades, the department state superintendent, after investigation of the proposal, may transfer by order the entire school district from one agency to another, effective the next succeeding July 1. Any school district so transferred shall pay its agreed share of all expenses incurred by the agency in its behalf, but shall not be required to fulfill any commitments in the agency from which transferred extending beyond the effective date of transfer. A transfer of the territory of a union high school district shall include and effect a transfer of that territory of underlying elementary school districts which lie within the boundaries of the union high school district.

AB100-ASA1, s. 2775p Section 2775p. 116.065 (1) of the statutes is amended to read:

AB100-ASA1,1263,9 116.065 (1) The school board of a school district in cooperative educational service agency no. 1, as designated on April 1, 1985, may adopt a resolution to withdraw from the agency. The school board shall immediately notify the board of control and the department state superintendent of its intention.

AB100-ASA1, s. 2775s Section 2775s. 116.08 (1) of the statutes is amended to read:

AB100-ASA1,1263,19 116.08 (1) An amount not to exceed $25,000 annually shall be paid to each agency for the maintenance and operation of the office of the board of control and agency administrator and to match any federal funds received by the agency for vocational education administration. No state aid may be paid unless the agency submits by August 1 an annual report which includes a detailed certified statement of its expenses for the prior year to the department state superintendent, and such statement reveals that the state aid was expended as provided by this section. In no case may the state aid exceed the actual expenditures for the prior year as certified in such statement.

AB100-ASA1, s. 2775t Section 2775t. 116.10 of the statutes is created to read:

AB100-ASA1,1263,22 116.10 Lease of equipment. The board of control may lease equipment for the purpose of assisting pupils with a visual handicap to read.

AB100-ASA1, s. 2102 Section 2102. 117.03 (2) of the statutes is amended to read:

AB100-ASA1,1263,25 117.03 (2) "Appeal panel" means a panel appointed by the secretary state superintendent under s. 117.05 (1).

AB100-ASA1, s. 2103 Section 2103. 117.05 (1) of the statutes is amended to read:

AB100-ASA1,1264,6 117.05 (1) Appeal panels. The secretary state superintendent shall appoint 3 members of the board to hear appeals filed under ss. 117.12 (4) and 117.13 (3). No 2 members of the appeal panel may be board members from any of the following kinds of school districts: those with small enrollments, those with medium enrollments or those with large enrollments.

AB100-ASA1, s. 2104 Section 2104. 117.05 (1m) of the statutes is amended to read:

AB100-ASA1,1264,11 117.05 (1m) Board and appeal panel meetings. The secretary state superintendent shall set the time and place for meetings of the board under ss. 117.10, 117.12 (5) and 117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.

AB100-ASA1, s. 2105 Section 2105. 117.05 (2) (a) of the statutes is amended to read:

AB100-ASA1,1264,20 117.05 (2) (a) Board. The secretary state superintendent shall appoint 7 members of the board to perform any review under ss. 117.10, 117.12 (5) and 117.132. The 7 members shall include the secretary state superintendent or his or her designee on the board, 2 board members from school districts with small enrollments, 2 board members from school districts with medium enrollments and 2 board members from school districts with large enrollments. Any action of the board under this chapter requires the affirmative vote of at least 4 of the 7 members appointed under this paragraph.

AB100-ASA1, s. 2779m Section 2779m. 117.05 (9) (a) (intro.), (b) and (c) of the statutes are amended to read:

AB100-ASA1,1264,25 117.05 (9) (a) (intro.) The department state superintendent may charge the following persons a fee sufficient to reimburse the department for the costs of the board under ss. 117.10 and 117.132:

AB100-ASA1,1265,4 (b) The clerk of the school district ordering the dissolution or requesting review shall pay the fee under par. (a) 3. or 4. to the department state superintendent. The secretary of the board shall forward the fee collected under par. (a) 5. to the department state superintendent.

AB100-ASA1,1265,11 (c) The department state superintendent may charge a person filing a notice of appeal under s. 117.12 (4) or 117.13 (3) a fee sufficient to reimburse the department for the costs of the appeal panel under s. 117.12 (4) or 117.13 (3). The secretary of the board shall collect the fee and forward it to the department state superintendent. The department state superintendent may not charge any person who files a notice of appeal under s. 117.12 (4) and is charged the fee under this paragraph any additional fee for review by the board under s. 117.12 (5).

AB100-ASA1, s. 2106 Section 2106. 117.05 (10) of the statutes is amended to read:

AB100-ASA1,1265,17 117.05 (10) (title) Secretary State superintendent to advise. The secretary state superintendent shall advise and consult with school boards regarding school district organization and reorganization. If, in the secretary's state superintendent's opinion, one or more school districts should be altered, consolidated or dissolved, he or she may make recommendations to the school boards.

AB100-ASA1, s. 2780g Section 2780g. 117.25 (1m) (a) of the statutes is amended to read:

AB100-ASA1,1266,2 117.25 (1m) (a) A written agreement between the school boards of 2 or more school districts that are considering consolidating under s. 117.08 or 117.09 to continue operating a program or facility at a specific location for a specified period after consolidation, not to exceed 5 years, shall be binding upon the joint interim school board of the new school district under s. 117.22 and any subsequently elected school board of the new school district. The school district clerk of the school district with the largest equalized valuation shall file a copy of the agreement with the department state superintendent.

AB100-ASA1, s. 2780r Section 2780r. 117.30 (1) of the statutes is amended to read:

AB100-ASA1,1266,19 117.30 (1) If a school district for 2 or more successive years has failed to operate a school as required by law, the board shall attach the territory of the school district to one or more school districts that do operate schools. Within 60 days of the date on which a school district becomes subject to this section, the department state superintendent shall so notify the school district clerk and the clerk of each municipality in which part of the school district lies. Prior to August 30 of the year in which the school district becomes subject to this section, the board shall issue an order of school district reorganization attaching the school district to one or more operating school districts. Orders issued under this section take effect upon being filed as provided in s. 117.17 (2). The school board of each district to which any territory is attached under this section shall levy and collect a special tax against the property in the territory so attached for such amount as is payable for tuition and transportation, at the time of the attachment, by the school district in which the attached territory was located prior thereto, in the proportion that the equalized valuation of the attached territory bears to the total equalized valuation of the school district in which such territory was located prior to such attachment.

AB100-ASA1, s. 2107 Section 2107. 118.01 (1) of the statutes is amended to read:

AB100-ASA1,1267,6 118.01 (1) Purpose. Public education is a fundamental responsibility of the state. The constitution vests in the state superintendent the supervision of public instruction and directs the legislature to provide for the establishment of district schools. The effective operation of the public schools is dependent upon a common understanding of what public schools should be and do. Establishing such goals and expectations is a necessary and proper complement to the state's financial contribution to education. Each school board should provide curriculum, course requirements and instruction consistent with the goals and expectations established under sub. (2). Parents and guardians of pupils enrolled in the school district share with the state and school board the responsibility for pupils meeting the goals and expectations under sub. (2).

AB100-ASA1, s. 2782g Section 2782g. 118.015 (2) of the statutes is amended to read:

AB100-ASA1,1267,13 118.015 (2) Employment of reading specialists. Each school district shall employ a reading specialist certified by the department to develop and coordinate a comprehensive reading curriculum in grades kindergarten to 12. At the discretion of the department state superintendent, a school district may contract with other school districts or cooperative educational service agencies to employ a certified reading specialist on a cooperative basis.

AB100-ASA1, s. 2782r Section 2782r. 118.125 (1) (cm) and (d) of the statutes are amended to read:

AB100-ASA1,1267,22 118.125 (1) (cm) "Pupil physical health records" means those pupil records that include basic health information about a pupil, including the pupil's immunization records, an emergency medical card, a log of first aid and medicine administered to the pupil, an athletic permit card, a record concerning the pupil's ability to participate in an education program, any lead screening records required under s. 254.162, the results of any routine screening test, such as for hearing, vision or scoliosis, and any follow-up to such test, and any other basic health information, as determined by the department state superintendent.

AB100-ASA1,1268,3 (d) "Pupil records" means all records relating to individual pupils maintained by a school but does not include notes or records maintained for personal use by a teacher or other person who is required by the department state superintendent under s. 115.28 (7) to hold a certificate, license or permit if such records and notes are not available to others, nor does it include records necessary for, and available only to persons involved in, the psychological treatment of a pupil.

AB100-ASA1, s. 2785d Section 2785d. 118.13 (2) of the statutes is amended to read:

AB100-ASA1,1268,10 118.13 (2) (a) Each school board shall develop written policies and procedures to implement this section and submit them to the department state superintendent as a part of its 1986 annual report under s. 120.18. The policies and procedures shall provide for receiving and investigating complaints by residents of the school district regarding possible violations of this section, for making determinations as to whether this section has been violated and for ensuring compliance with this section.

AB100-ASA1,1268,12 (b) Any person who receives a negative determination under par. (a) may appeal the determination to the department state superintendent.

AB100-ASA1, s. 2785h Section 2785h. 118.13 (3) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1268,14 118.13 (3) (a) (intro.) The department state superintendent shall:

AB100-ASA1, s. 2785p Section 2785p. 118.13 (3) (a) 1. of the statutes is amended to read:

AB100-ASA1,1268,18 118.13 (3) (a) 1. Decide appeals made to him or her under sub. (2) (b). Decisions of the department state superintendent under this subdivision are subject to judicial review under ch. 227.

AB100-ASA1, s. 2785t Section 2785t. 118.13 (3) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1268,20 118.13 (3) (b) (intro.) The department state superintendent may:

AB100-ASA1, s. 2108 Section 2108. 118.145 (1) of the statutes is amended to read:

AB100-ASA1,1268,24 118.145 (1) The school board of a district operating high school grades shall determine, with the advice and consent of the department state superintendent, the minimum standards for admission to high school.

AB100-ASA1, s. 2787e Section 2787e. 118.15 (1) (cm) 5. of the statutes is amended to read:

AB100-ASA1,1269,5 118.15 (1) (cm) 5. The department state superintendent shall grant a high school equivalency diploma to a child under this paragraph who completes the general educational development test with a passing score, as determined by the department state superintendent, and completes the additional requirements determined by the department state superintendent under s. 115.29 (4).

AB100-ASA1, s. 2787m Section 2787m. 118.15 (2) (a) 3. of the statutes is amended to read:

AB100-ASA1,1269,10 118.15 (2) (a) 3. Multiply the quotient under subd. 1. by any additional costs associated with direct student support services, as determined jointly by the department state superintendent and the state director of the technical college system.

AB100-ASA1, s. 2109 Section 2109. 118.15 (2) (c) of the statutes is amended to read:

AB100-ASA1,1269,16 118.15 (2) (c) Pupils attending a technical college under this subsection may receive general education subjects at the technical college and shall be counted as pupils enrolled in the high school for all purposes including computing state aid for the school district. Payments by the school district under par. (a) shall be deemed costs of operation and maintenance.

AB100-ASA1, s. 2788b Section 2788b. 118.153 (2) (b) of the statutes is amended to read:

AB100-ASA1,1269,21 118.153 (2) (b) 1. If in the previous school year a school district had 50 or more dropouts and a dropout rate exceeding 5% of its total high school enrollment, the school board shall apply to the department state superintendent for aid under this section.

AB100-ASA1,1269,24 2. If in the previous school year a school district had 40 or more dropouts, the school board may apply to the department state superintendent for aid under this section.

AB100-ASA1, s. 2788c Section 2788c. 118.153 (3m) of the statutes is created to read:

AB100-ASA1,1270,10 118.153 (3m) (a) After reviewing the recommendations of the governor's council on workforce excellence under s. 106.115 (2) (em), the state superintendent may approve an innovative school-to-work program provided by a nonprofit organization for children at risk in a county having a population of 500,000 or more to assist those children at risk in acquiring employability skills and occupational-specific competencies before leaving high school. If the state superintendent approves a program under this paragraph, the state superintendent may award a grant, from the appropriation under s. 20.255 (3) (ef), to the nonprofit organization providing the program and the nonprofit organization shall use the funds received under the grant to provide the program.

AB100-ASA1,1270,13 (b) The state superintendent shall establish requirements for the operation of the grant program under this subsection. Those requirements need not be promulgated as rules.

AB100-ASA1, s. 2788d Section 2788d. 118.153 (4) (a) and (b) of the statutes are amended to read:

AB100-ASA1,1270,20 118.153 (4) (a) Beginning in August 1994, and annually thereafter, a school board that applied for aid under this section in the previous school year shall submit a report to the department state superintendent. The report shall include only information about the pupils enrolled in a program for children at risk in the previous school year that is necessary for the department state superintendent to determine the number of pupils who achieved each of the objectives under par. (c).

AB100-ASA1,1271,2 (b) Upon receipt of a school board's annual report under par. (a) the department state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. 20.255 (2) (ac) in the previous school year.

AB100-ASA1, s. 2788h Section 2788h. 118.153 (7) of the statutes is amended to read:

AB100-ASA1,1271,7 118.153 (7) The department state superintendent shall promulgate rules to implement and administer this section. The rules shall not be overly restrictive in defining approved programs and shall not serve to exclude programs that have demonstrated success in meeting the needs of children at risk.

AB100-ASA1, s. 2788p Section 2788p. 118.155 (1) of the statutes is amended to read:

AB100-ASA1,1271,18 118.155 (1) Any school board shall, without approval of the department state superintendent, permit pupils with written permission of a parent or guardian to be absent from school at least 60 minutes but not more than 180 minutes per week to obtain religious instruction outside the school during the required school period. The supervisor of such religious instruction shall report monthly, to the principal of the school regularly attended, the names of the pupils who attended such weekly religious instruction. The school board may deny the privilege of released time to pupils who absent themselves from such religious instruction after requesting the privilege. The time period, or periods, allotted for the pupil to be absent from school for the purpose of religious instruction shall be determined by the school board.

AB100-ASA1, s. 2788t Section 2788t. 118.16 (2) (b) of the statutes is amended to read:

AB100-ASA1,1271,23 118.16 (2) (b) Annually, on or before August 1, shall determine how many pupils enrolled in the school district were absent in the previous year and whether the absences were excused under s. 118.15 and shall notify the department state superintendent of the determination.

AB100-ASA1, s. 2110 Section 2110. 118.165 (2) of the statutes is amended to read:

AB100-ASA1,1272,4 118.165 (2) An institution may request the department state superintendent to approve the institution's educational program as a private school. The department state superintendent shall base its his or her approval solely on the criteria under sub. (1).

AB100-ASA1, s. 2111 Section 2111. 118.167 of the statutes is amended to read:

AB100-ASA1,1272,15 118.167 (title) Private school determination by department state superintendent. If an association that regulates or accredits private educational institutions in this state submits an affidavit to the department state superintendent attesting that the institution meets or exceeds all of the criteria under s. 118.165 and the department state superintendent finds that the institution does meet or exceed all of the criteria under s. 118.165, the department state superintendent shall determine that the institution is a private school. If at any time the department state superintendent finds that an institution determined to be a private school under this section no longer meets the criteria under s. 118.165, the department state superintendent may withdraw the determination.

AB100-ASA1, s. 2790m Section 2790m. 118.18 of the statutes is amended to read:

AB100-ASA1,1272,20 118.18 Teacher reports. Every teacher shall record the names, ages and studies of all pupils under his or her charge and their daily attendance and such other facts or matters relating to the school as the department state superintendent or school board requires.

AB100-ASA1, s. 2792b Section 2792b. 118.19 (3), (4) and (4m) of the statutes are amended to read:

AB100-ASA1,1273,15 118.19 (3) (a) No license to teach in any public school may be issued unless the applicant possesses a bachelor's degree including such professional training as the department by rule requires, except as permitted under par. (b) and ss. 115.28 (17) (a) and 118.192. Notwithstanding s. 36.11 (16), beginning August 31, 1990, no teacher preparatory program in this state may be approved by the department state superintendent under s. 115.28 (7) (a), unless each student in the program is required to complete student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school. Beginning August 31, 1990, no license to teach in any public school may be granted to an applicant who completed a professional training program outside this state unless the applicant completed student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the department state superintendent. The department state superintendent may grant exceptions to the student teaching requirements under this paragraph when the midyear calendars of the institution offering the teacher preparatory program and the cooperating school differ from each other and would prevent students from attending classes at the institution in accordance with the institution's calendar. The department state superintendent shall promulgate rules to implement this subsection.

AB100-ASA1,1273,23 (b) The department state superintendent shall permanently certify any applicant to teach Wisconsin native American languages and culture who has successfully completed the university of Wisconsin-Milwaukee school of education approved Wisconsin native American languages and culture project certification program at any time between January 1, 1974, and December 31, 1977. School districts shall not assign individuals certified under this paragraph to teach courses other than Wisconsin native American languages and culture, unless they qualify under par. (a).

AB100-ASA1,1274,5 (4) (a) Notwithstanding subch. II of ch. 111, the department state superintendent may not grant a license to any person who has been convicted of any Class A, B, C or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, for 6 years following the date of the conviction, and may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.

AB100-ASA1,1274,9 (b) Notwithstanding par. (a), the department state superintendent shall grant a license to a person convicted of a crime described under par. (a), prior to the expiration of the 6-year period following the conviction, if the conviction is reversed, set aside or vacated.

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.