AB100: Bill Text Engrossed

AB100-engrossed, s. 2717L Section 2717L. 115.31 (3) (b) of the statutes is amended to read:

AB100-engrossed,1382,8 115.31 (3) (b) Report to the department state superintendent the name of any person employed by the educational agency who is not licensed by the department state superintendent if the person is convicted of a crime described under par. (a) 1. or of 4th degree sexual assault under s. 940.225 (3m).

AB100-engrossed, s. 2717p Section 2717p. 115.31 (3) (c) of the statutes is amended to read:

AB100-engrossed,1382,11 115.31 (3) (c) Send a copy of any report that is made to the department state superintendent under par. (a) or (b) to the person who is the subject of the report.

AB100-engrossed, s. 2717r Section 2717r. 115.31 (4) of the statutes is amended to read:

AB100-engrossed,1382,17 115.31 (4) If an administrator requests a person who is employed by an educational agency and licensed by the department state superintendent to resign, and the administrator has a reasonable suspicion that the person engaged in immoral conduct, the administrator shall inform the person of the duty to report to the department state superintendent under sub. (3) (a) 4.

AB100-engrossed, s. 2717u Section 2717u. 115.31 (5) (b) of the statutes is amended to read:

AB100-engrossed,1382,22 115.31 (5) (b) Any administrator who in good faith reports or fails to report information under sub. (3), and any other person who reports information under sub. (3) to the department state superintendent, is immune from civil liability for such acts or omissions.

AB100-engrossed, s. 2717y Section 2717y. 115.31 (6) (a) of the statutes is amended to read:

AB100-engrossed,1383,3 115.31 (6) (a) Upon receiving a report under sub. (3) (a) 2. or (b) indicating that a person was convicted of a crime, the department state superintendent shall verify the conviction.

AB100-engrossed, s. 2717ym Section 2717ym. 115.31 (6) (b) of the statutes is amended to read:

AB100-engrossed,1383,10 115.31 (6) (b) Upon receiving a report under sub. (3) relating to a person licensed by the department state superintendent, the department state superintendent shall investigate to determine whether to initiate revocation proceedings. During the investigation, the department state superintendent shall keep confidential all information pertaining to the investigation except the fact that an investigation is being conducted and the date of the revocation hearing.

AB100-engrossed, s. 2720m Section 2720m. 115.31 (8) of the statutes is amended to read:

AB100-engrossed,1383,13 115.31 (8) The department state superintendent shall promulgate rules to implement and administer this section.

AB100-engrossed, s. 2721c Section 2721c. 115.33 (2) of the statutes is amended to read:

AB100-engrossed,1383,16 115.33 (2) (a) The department state superintendent may request the department of commerce to inspect a public school if any of the following occurs:

AB100-engrossed,1383,19 1. Any elector in the school district complains in writing to the department state superintendent that the school is inadequate or is otherwise unfit for school purposes.

AB100-engrossed,1383,22 2. The school board of the school district in which the school is located requests the department state superintendent to do so. The school board may also request an opinion as to whether the school is adequate for a proposed use.

AB100-engrossed,1383,24 3. The department state superintendent determines there is significant evidence that the school is not in compliance.

AB100-engrossed,1384,2 (b) The department of commerce shall inspect the school within 30 days after receiving a request from the department state superintendent under par. (a).

AB100-engrossed, s. 2721g Section 2721g. 115.33 (3) (a) of the statutes is amended to read:

AB100-engrossed,1384,9 115.33 (3) (a) If the department state superintendent determines that a school is not in compliance, and the department of commerce, based on its inspection of the school, concurs in the determination, the department state superintendent may order the school board to repair, improve, remodel or close the school by a stated date. An order issued under this paragraph constitutes a preliminary finding of noncompliance with the standard under s. 121.02 (1) (i).

AB100-engrossed, s. 2721L Section 2721L. 115.33 (3) (b) 1. of the statutes is amended to read:

AB100-engrossed,1384,22 115.33 (3) (b) 1. If the department state superintendent determines that a school is not in compliance and is not worth repairing, and the department of commerce, based on its inspection of the school, concurs in the determination, the department state superintendent may order the school board to develop a plan that describes how the school board will achieve compliance with the standard under s. 121.02 (1) (i). The plan shall specify the time within which compliance with the standard under s. 121.02 (1) (i) shall be achieved. The department state superintendent shall hold a public hearing on the plan in the school district and may, as a result of the hearing, recommend changes to the plan. The department state superintendent may withhold up to 25% of the school district's state aid if the school district fails to achieve compliance with the standard under s. 121.02 (1) (i) within the period specified in the plan.

AB100-engrossed, s. 2721p Section 2721p. 115.34 (2) of the statutes is amended to read:

AB100-engrossed,1385,7 115.34 (2) The department state superintendent shall make payments to school districts and to private schools for school lunches served to children in the prior year as determined by the department state superintendent from the appropriation under s. 20.255 (2) (cn). Payments to school districts and to private schools shall equal the state's matching obligation under 42 USC 1751 et seq. Payments in the current year shall be determined by prorating the state's matching obligation based on the number of school lunches served to children in the prior year. In this subsection, "private school" means any school defined in s. 115.001 (3r) which complies with the requirements of 42 USC 2000d.

AB100-engrossed, s. 2721t Section 2721t. 115.341 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1385,15 115.341 (1) (intro.) A school board or governing body of a private school may apply to the department state superintendent for a grant to assist in establishing a school breakfast program. Beginning in the 1994-95 school year, the department state superintendent shall award grants from the appropriation under s. 20.255 (2) (cm). The department state superintendent may award a grant of up to $10,000 to a school board or governing body of a private school under this section only if all of the following apply:

AB100-engrossed, s. 2721x Section 2721x. 115.341 (4) of the statutes is amended to read:

AB100-engrossed,1385,18 115.341 (4) The department state superintendent shall promulgate rules to implement and administer this section.

AB100-engrossed, s. 2722 Section 2722. 115.345 (1) of the statutes is amended to read:

AB100-engrossed,1386,2 115.345 (1) Any school district approved by the department state superintendent may establish a system to provide the opportunity for authorized elderly persons to participate in its school lunch program. If a school board desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the department state superintendent. Upon petition of 5% of the voters in the school district who voted in the last school board election, the school board shall formulate a food services plan, provided that hot food service facilities are available to school children in the district.

AB100-engrossed, s. 2723 Section 2723. 115.345 (2) of the statutes is amended to read:

AB100-engrossed,1386,8 115.345 (2) Each plan shall provide at least one meal per day for each day that school is in regular session. The school board may provide additional service at other times in its discretion, if the number of eligible persons in the district or adjacent districts is of sufficient size, in the opinion of the department state superintendent, so that unwarranted production expense is not incurred.

AB100-engrossed, s. 2724 Section 2724. 115.345 (3) of the statutes is amended to read:

AB100-engrossed,1386,16 115.345 (3) Any school board which operates a food services plan for elderly persons under this section shall make facilities available for service to elderly persons at every high school and junior high school in the district which provides hot food service to its students. Upon application, the department state superintendent may grant exceptions from compliance with this subsection for reasons of safety, convenience or insufficient interest in a given neighborhood. The school board may, in addition, provide service at elementary schools if desired.

AB100-engrossed, s. 2725 Section 2725. 115.345 (4) of the statutes is amended to read:

AB100-engrossed,1386,25 115.345 (4) Meals may be served at schools where they are served to students or at any site more convenient to the majority of authorized elderly persons interested in the service. Food may be transported to authorized elderly persons who are unable to leave their homes or distributed to nonprofit organizations for such purposes. However, no state funds under this section may be used for food delivery to individual homes. The department state superintendent may require consolidation of programs between districts and between schools if such a procedure will be convenient and economical.

AB100-engrossed, s. 2726 Section 2726. 115.345 (6) of the statutes is amended to read:

AB100-engrossed,1387,8 115.345 (6) All meals served must meet the approval of the department which state superintendent who shall establish minimum nutritional standards not inconsistent with federal standards and reasonable expenditure limits such that the average cost per meal is not excessive. The department state superintendent shall give special consideration to dietary problems of elderly persons in formulating a nutritional plan. However, no school board shall be required to provide special foods for individual persons with allergies or medical disorders.

AB100-engrossed, s. 2727 Section 2727. 115.345 (7) of the statutes is amended to read:

AB100-engrossed,1387,13 115.345 (7) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the department. The department state superintendent may issue identification cards to such persons if necessary.

AB100-engrossed, s. 2728 Section 2728. 115.345 (7m) of the statutes is amended to read:

AB100-engrossed,1387,18 115.345 (7m) A private school may establish a food services plan for elderly persons. If the plan meets all of the requirements of this section and is approved by the department state superintendent, the private school is eligible for reimbursement in the same manner as school districts under sub. (5).

AB100-engrossed, s. 2729 Section 2729. 115.345 (8) of the statutes is amended to read:

AB100-engrossed,1387,21 115.345 (8) The department state superintendent shall adopt reasonable rules necessary to implement this section.

AB100-engrossed, s. 2729e Section 2729e. 115.347 (3) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB100-engrossed,1388,3 115.347 (3) The department state superintendent shall assist school boards in developing a method for submitting enrollment data to the department of workforce development under sub. (1).

AB100-engrossed, s. 2729m Section 2729m. 115.35 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,1388,6 115.35 (2) (intro.) In carrying out this section, the department state superintendent may, without limitation because of enumeration:

AB100-engrossed, s. 2729s Section 2729s. 115.35 (5) (intro.) of the statutes is amended to read:

AB100-engrossed,1388,9 115.35 (5) (intro.) In each report under s. 15.04 (1) (d), the department state superintendent shall include information:

AB100-engrossed, s. 2730 Section 2730. 115.35 (5) (c) of the statutes is amended to read:

AB100-engrossed,1388,12 115.35 (5) (c) As to the department's state superintendent's recommendations to improve such programs and cooperation.

AB100-engrossed, s. 2733m Section 2733m. 115.361 (2) (b) and (c) of the statutes are amended to read:

AB100-engrossed,1388,20 115.361 (2) (b) A school board contracting under par. (am) may apply to the department state superintendent for a grant to help fund the costs of the program. The department state superintendent shall review the applications and determine which of the applicants will receive grants. A grant shall fund 100% of the cost of the classroom materials for the program and 80% of the costs of the contract, except that no grant may exceed $50,000. Grants shall be awarded from the appropriation under s. 20.255 (2) (dm).

AB100-engrossed,1388,23 (c) The department state superintendent shall promulgate rules to implement and administer this subsection, including rules establishing criteria for selecting grant recipients under par. (b).

AB100-engrossed, s. 2734m Section 2734m. 115.361 (3) (a) and (b) of the statutes are amended to read:

AB100-engrossed,1389,7 115.361 (3) (a) A school board may apply to the department state superintendent for a grant to fund a families and schools together program designed to identify pupils who are 6 to 11 years of age who have a high risk of dropping out of school, experiencing alcohol and other drug abuse problems or being adjudged delinquent. The program shall provide prevention and early intervention activities involving joint school, family and community participation, including mental health and alcohol and other drug abuse program specialists.

AB100-engrossed,1389,13 (b) Beginning in the 1990-91 school year and annually thereafter, the department state superintendent may award grants of up to $50,000 to school districts with small and medium memberships and grants of up to $70,000 to school districts with large memberships. Grants shall be awarded from the appropriation under s. 20.255 (2) (dm). In this paragraph, "membership" has the meaning given in s. 121.004 (5).

AB100-engrossed, s. 2735m Section 2735m. 115.361 (4) of the statutes is amended to read:

AB100-engrossed,1389,19 115.361 (4) Grants for pupil alcohol and other drug abuse program projects. (a) The department state superintendent may award grants of up to $1,000 to a participating school district for alcohol and other drug abuse education, prevention or intervention programs designed by the pupils enrolled in the school district. The school district shall use the funds for the costs of the projects.

AB100-engrossed,1389,22 (b) Grants under this subsection shall be awarded from the appropriation under s. 20.255 (2) (dm). To the extent possible, the department state superintendent shall ensure that grants are equally distributed on a statewide basis.

AB100-engrossed, s. 2736m Section 2736m. 115.361 (5) (a), (b) (intro.) and 3. (intro.) and (c) (intro.) and 3. of the statutes are amended to read:

AB100-engrossed,1390,4 115.361 (5) (a) A school board, with the cooperation and support of a community-based organization, may apply to the department state superintendent for a grant of up to $30,000 to fund an after-school or summer school program for pupils in grades 1 to 9.

AB100-engrossed,1390,9 (b) (intro.) The department state superintendent shall award grants under this subsection from the appropriation under s. 20.255 (2) (dm). The amount of a grant may not exceed 80% of the cost of the program, including in-kind contributions. The department state superintendent may award a grant to a school board under this subsection only if all of the following apply:

AB100-engrossed,1390,16 3. (intro.) The program includes a school tutoring program operated by the school board or the community-based organization for pupils in grades 1 to 9 who are one or more years behind their age group in reading, writing or mathematics or who exhibit other significant academic deficiencies, including poor school attendance or school work completion problems. The department state superintendent may consider whether any of the following applies to the program in determining whether to award a grant:

AB100-engrossed,1390,17 (c) (intro.) The department state superintendent shall:

AB100-engrossed,1390,21 3. Annually by July 1, evaluate the programs funded under this subsection and submit a report describing its his or her conclusions and recommendations to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

AB100-engrossed, s. 2738m Section 2738m. 115.361 (7) (a) (intro.), (b) and (c) of the statutes are amended to read:

AB100-engrossed,1391,3 115.361 (7) (a) (intro.) Of the amount in the appropriation under s. 20.255 (2) (dm), annually the department state superintendent shall allocate the following amounts for the following programs:

AB100-engrossed,1391,14 b) Annually, the department state superintendent shall determine whether the amount allocated for each program under par. (a) will be fully utilized based upon the applications received that meet the specified criteria for each program. If an amount will not be fully utilized, the department state superintendent may transfer the unutilized funds to programs for which qualified applications exceed the amounts allocated. The transfer shall be made by November 1 of each school year, except that in any school year in which a biennial budget act takes effect, the transfer shall be made by November 1 or within 120 days after the effective date of the biennial budget act, whichever is later. Annually, the department state superintendent shall submit a report to the joint committee on finance describing all transfers under this paragraph.

AB100-engrossed,1391,19 (c) The department state superintendent shall collect and analyze information about the programs funded under this section, evaluate their effectiveness and submit a report of the evaluation to the appropriate standing committees of the legislature under s. 13.172 (3) and to the governor by July 1, 1994, and biennially by July 1 thereafter.

AB100-engrossed, s. 2741m Section 2741m. 115.3615 of the statutes is amended to read:

AB100-engrossed,1392,7 115.3615 Head start supplement. From the appropriation under s. 20.255 (2) (eh), the department state superintendent shall distribute funds to agencies determined by the department state superintendent to be eligible for designation as head start agencies under 42 USC 9836 to provide comprehensive health, educational, nutritional, social and other services to economically disadvantaged children and their families. The department state superintendent shall distribute the funds in a manner consistent with 42 USC 9831 to 9852 except that there is no matching fund requirement. The department state superintendent shall give preference in funding under this section to an agency that is receiving federal funds under 42 USC 9831 to 9852. Funds distributed under this section may be used to match available federal funds under 42 USC 9831 to 9852 only if the funds are used to secure additional federal funds for the purposes under this section.

AB100-engrossed, s. 2745ag Section 2745ag. 115.362 (4) (a) of the statutes is amended to read:

AB100-engrossed,1392,13 115.362 (4) (a) Each school board receiving a grant under sub. (2) (a) 2. shall ensure that its program meets standards established by the department state superintendent by rule. The school board may establish the program individually or on a cooperative basis with one or more school districts, cooperative educational service agencies or county handicapped children's education boards.

AB100-engrossed, s. 2745ar Section 2745ar. 115.362 (5) of the statutes is amended to read:

AB100-engrossed,1392,18 115.362 (5) The department state superintendent shall promulgate rules establishing criteria for the awarding of grants under sub. (2) (a). The rules shall require that the department state superintendent give priority in awarding grants to school districts in which no pupil assistance program is available.

AB100-engrossed, s. 2745b Section 2745b. 115.37 of the statutes is amended to read:

AB100-engrossed,1393,5 115.37 Council on the education of the blind. The council on the education of the blind shall make recommendations as to procedures and policies affecting any problem of the visually handicapped before the department. The council shall advise on such services, activities, programs, investigations and researches as in its judgment will contribute to the welfare of visually handicapped persons. The department state superintendent shall seek the advice of and consult with the council on problems and policy changes affecting the visually handicapped in the department's jurisdiction, and the council may initiate consultations with the department. Notwithstanding any provision to the contrary, the council shall have access to files, records and statistics kept in the department which relate to matters concerning the visually handicapped.

AB100-engrossed, s. 2745g Section 2745g. 115.375 of the statutes is renumbered 36.54, and 36.54 (1) and (2) (b), (c) and (d), as renumbered, are amended to read:

AB100-engrossed,1393,14 36.54 (1) (a) The environmental education board shall consult with the department state superintendent of public instruction in identifying needs and establishing priorities for environmental education in public schools, including needs for teacher training, curriculum development and the development and dissemination of curriculum materials. The department state superintendent of public instruction shall seek the advice of the environmental education board in carrying out these activities.

AB100-engrossed,1393,18 (b) The environmental education board shall consult with other state agencies, including the university of Wisconsin-extension, conservation and environmental groups, youth organizations and nature and environmental centers in identifying needs and establishing priorities for environmental education.

AB100-engrossed,1394,2 (2) (b) From the appropriations under s. 20.255 (1) (jr) and (2) (ee) and (ra) 20.285 (1) (ee), (j), (r) and (rc), the environmental education board shall award grants to corporations and public agencies for the development, dissemination and presentation of environmental education programs. Programs shall be funded on an 18-month basis. The environmental education board may not award a grant unless the grant recipient matches at least 25% of the amount of the grant. Private funds and in-kind contributions may be applied to meet the matching requirement. Grants under this paragraph may not be used to replace funding available from other sources.

AB100-engrossed,1394,9 (c) The environmental education board shall promulgate rules establishing the criteria and procedures for the awarding of grants for programs and projects under par. (b). The environmental education board shall use the priorities established under sub. (1) for awarding grants if the amount in the appropriations under s. 20.255 (1) (jr) and (2) (ee) and (ra) 20.285 (1) (ee), (j), (r) and (rc) in any fiscal year is insufficient to fund all applications under this subsection. The department shall assist the board in administering this section.

AB100-engrossed,1394,11 (d) The environmental education board shall seek private funds for the purpose of the grants under this subsection.

AB100-engrossed, s. 2745k Section 2745k. 115.38 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1394,15 115.38 (1) (intro.) The department state superintendent shall develop a school and school district performance report for use by school districts under sub. (2). The report shall include all of the following by school and by school district: