Amendment ASA1-AB100

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AB100-ASA1,1285,20 118.35 (3) (b) Annually by August 15, report to the department state superintendent the number of gifted and talented pupils who participated in a program under par. (a) in the previous school year and such other information as the department state superintendent requests.

AB100-ASA1, s. 2131 Section 2131. 118.37 (title) of the statutes is renumbered 118.55 (title) and amended to read:

AB100-ASA1,1285,23 118.55 (title) Postsecondary enrollment Youth options program.

AB100-ASA1, s. 2132 Section 2132. 118.37 (1) (title) of the statutes is repealed.

AB100-ASA1, s. 2133 Section 2133. 118.37 (1) of the statutes is renumbered 118.55 (1) and amended to read:

AB100-ASA1,1286,6 118.55 (1) In this section, "institution of higher education" means a center or institution within the university of Wisconsin system, a technical college tribally controlled college or a private, nonprofit institution of higher education located in this state.

AB100-ASA1, s. 2134 Section 2134. 118.37 (2) and (3) of the statutes are renumbered 118.55 (2) and (3), and 118.55 (2) and (3) (b), as renumbered, are amended to read:

AB100-ASA1,1286,19 118.55 (2) (a) Beginning in the 1992-93 school year, any public school pupil enrolled in the 11th or 12th grade who is not attending a technical college under sub. (7r) or s. 118.15 (1) (b) may enroll in an institution of higher education for the purpose of taking one or more nonsectarian courses at the institution of higher education, subject to par. (b). The pupil shall submit an application to the institution of higher education in the previous school semester. The pupil shall indicate on the application whether he or she will be taking the course or courses for high school credit or postsecondary credit. The pupil shall also specify on the application that if he or she is admitted the institution of higher education may disclose the pupil's grades, the courses that he or she is taking and his or her attendance record to the public school in which the pupil is enrolled.

AB100-ASA1,1286,24 (b) Paragraph (a) applies to a private institution of higher education and to a tribally controlled college only if the private institution of higher education or tribally controlled college has notified the department state superintendent of its intent to participate in the program under this section by September 1 of the previous school year.

AB100-ASA1,1287,16 (3) (b) If the pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 and the number of high school credits to award the pupil for the course, if any. The department In cooperation with institutions of higher education, the state superintendent shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the end beginning of the semester in which it received the notice under par. (a) the pupil will be enrolled. If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the department state superintendent within 30 days after the decision. The department's state superintendent's decision shall be final and is not subject to review under subch. III of ch. 227.

AB100-ASA1, s. 2135 Section 2135. 118.37 (3m) of the statutes is repealed.

AB100-ASA1, s. 2136 Section 2136. 118.37 (4) of the statutes is renumbered 118.55 (4), and 118.55 (4) (a), as renumbered, is amended to read:

AB100-ASA1,1287,22 118.55 (4) (a) An institution of higher education may admit a pupil under this section only if it has space available. A pupil may attend a technical college under this section only if he or she is a resident of this state.

AB100-ASA1, s. 2822c Section 2822c. 118.37 (5) (intro.) and (a) of the statutes are renumbered 118.55 (5) (intro.) and (a).

AB100-ASA1, s. 2137 Section 2137. 118.37 (5) (b) of the statutes is repealed.

AB100-ASA1, s. 2823m Section 2823m. 118.37 (5) (c) of the statutes is renumbered 118.55 (5) (c), and 118.55 (5) (c) 2., as renumbered, is amended to read:

AB100-ASA1,1288,11 118.55 (5) (c) 2. An amount determined by dividing the state total net cost of the general fund in the previous school year by the state total membership in the previous school year, dividing that quotient by the statewide average number of high school credits taken by full-time pupils in the previous school year, as determined by the department state superintendent, and multiplying that quotient by the number of high school credits taken by the pupil at the private institution of higher education, as determined under sub. (3) (b). In this subdivision, "net cost" has the meaning given in s. 121.004 (6), and "membership" has the meaning given in s. 121.004 (5).

AB100-ASA1, s. 2824m Section 2824m. 118.37 (6) of the statutes is renumbered 118.55 (6), and 118.55 (6) (title), (a) and (b), as renumbered, are amended to read:

AB100-ASA1,1288,19 118.55 (6) (title) Responsibility of pupil for tuition and fees; institution of higher education. (a) A pupil taking a course at an institution of higher education for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board, or the department state superintendent on appeal under sub. (3) (b), has determined that the course is not comparable to a course offered in the school district.

AB100-ASA1,1288,24 (b) A pupil taking a course at an institution of higher education for high school credit under this section is responsible for the tuition and fees for the course if the school board has determined that the course is comparable to a course offered in the school district, unless the department state superintendent reverses the school board's decision on appeal under sub. (3) (b).

AB100-ASA1, s. 2138 Section 2138. 118.37 (7g) of the statutes is renumbered 118.55 (7g) and amended to read:

AB100-ASA1,1289,14 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit that is not comparable to a course offered in the school district may apply to the department state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The department state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The department state superintendent shall give preference under this subsection to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB100-ASA1, s. 2139 Section 2139. 118.37 (8) of the statutes is renumbered 118.55 (8).

AB100-ASA1, s. 2827m Section 2827m. 118.37 (9) of the statutes is renumbered 118.55 (9) and amended to read:

AB100-ASA1,1289,20 118.55 (9) Rules. The department state superintendent shall promulgate rules to implement and administer this section, including rules establishing criteria for determining reimbursement amounts under sub. (7g).

AB100-ASA1, s. 2140 Section 2140. 118.38 (2m) of the statutes is repealed.

AB100-ASA1, s. 2141 Section 2141. 118.38 (3) of the statutes is amended to read:

AB100-ASA1,1290,3 118.38 (3) A waiver is effective for 4 years. The secretary department shall renew the waiver for additional 4-year periods if the school board has evaluated the educational and financial effects of the waiver over the previous 4-year period, except that the secretary department is not required to renew a waiver if the secretary department determines that the school district is not making adequate progress toward improving pupil academic performance.

AB100-ASA1, s. 2142 Section 2142. 118.40 (1) of the statutes is amended to read:

AB100-ASA1,1290,10 118.40 (1) Notice to department. Whenever a school board intends to establish a charter school, it shall notify the department state superintendent of its intention. The Whenever one of the entities under sub. (2r) (b) intends to establish a charter school, it shall notify the state superintendent of its intention by February 1 of the previous school year. A notice under this subsection shall include a description of the proposed school.