AB100-engrossed,1413,1612
115.85
(1) (e) Notwithstanding par. (a) and except as provided in s. 118.51 (12)
13(a) and (b) 2., if a child with exceptional educational needs is attending a public school
14in a nonresident school district under s. 118.51, the school board of the school district
15that the child is attending shall ensure that appropriate special education programs
16and related services are available to the child.
AB100-engrossed,1413,2118
115.85
(2) (a) If the school district
that the child attends, the county
program 19in which the
child resides school district participates or the cooperative educational
20service agency for the school district
in which the child resides operates an
21appropriate special education program, the child shall be placed in such program.
AB100-engrossed,1413,2423
115.85
(2) (c) 1. Upon the approval of the
department state superintendent, the
24child may be placed in a public special education program located in another state.
AB100-engrossed,1414,4
1115.85
(2) (c) 2. (intro.) The
department state superintendent shall approve a
2placement in a public special education program located in another state if
the
3department he or she determines that the program is appropriate to meet the child's
4exceptional educational needs and that:
AB100-engrossed,1414,146
115.85
(2) (d) To provide a special education program which is appropriate to
7the child's needs, the school board may, upon approval of the
department state
8superintendent and if no equivalent public program is available, contract with a
9private special education service if the placement is warranted on the basis of a less
10restrictive environment alternative. Private special education services provided
11under this subchapter may not include religious or sectarian teachings or
12instruction. If the local school board utilizes the placement option under this
13paragraph, the school district of residence and not the county of residence shall pay
14tuition charges for exceptional children.
AB100-engrossed,1414,2116
115.85
(2) (f) If a child with exceptional educational needs is attending a public
17school in a nonresident school district under s. 118.51, the school board of the school
18district that the child is attending shall provide an appropriate educational
19placement for the child under this subsection and shall pay tuition charges instead
20of the school district in which the child resides if any of the placement options under
21pars. (am) to (d) are utilized.
AB100-engrossed,1415,523
115.85
(2m) Placement disputes. If a dispute arises between the school board
24and the department of health and family services, the department of corrections or
25a county department under s. 46.215, 46.22 or 46.23, or between school boards under
1s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub.
2(2), the
department state superintendent shall resolve the dispute. This subsection
3applies only to placements in nonresidential educational programs made under s.
448.48
(4) (17) (a) 3., 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child
5caring institutions made under s. 115.815.
AB100-engrossed,1415,137
115.85
(3) (a) The total number of children who reside in the
school district and
8the total number of children who attend the school district under s. 118.51 who have
9been placed in special education programs under s. 115.85 (2), the exceptional
10educational needs of each such child and the school attended or special education
11received by each such child. The report shall also specify the number of children with
12exceptional educational needs who are known to the school district and who are
13under the age of 3 years and the exceptional educational needs of each such child.
AB100-engrossed,1415,1714
(c) A description of the special education programs in which children who reside
15in the
school district
or who attend the school district under s. 118.51 have been
16placed under sub. (2), the number of persons attending each pursuant to sub. (2) and
17the qualifications of the staff of each such special education program.
AB100-engrossed,1415,2118
(d) An evaluation, in terms of the goals identified under s. 115.78 (5), of the
19progress made by each special education program in which children who reside in the
20school district
or who attend the school district under s. 118.51 are placed under sub.
21(2).
AB100-engrossed,1416,623
115.86
(5) (d) Annually by October 1, the board and the school boards of the
24school districts participating in the county program shall submit a report to the
25department state superintendent that specifies the portion of each school day that
1each pupil enrolled in the county program who is also enrolled in the school district
2of the pupil's residence spent in county program classes in the previous school year
3and the portion of the school day that the pupil spent in school district classes in the
4previous school year. The
department state superintendent shall develop guidelines
5for a full-time equivalency methodology. The
department state superintendent is
6not required to promulgate the guidelines as rules.
AB100-engrossed,1416,198
115.86
(7) (a) The school board of any district which is included under the
9administration of a board may withdraw from participation in any part of the
10program only with the approval of the
department
state superintendent after
11conference with the board and a determination by the
department state
12superintendent that such withdrawal is in the interest of the program in the county
13and the school district affected. Such withdrawal shall be effective only if the school
14board has the approval of the division to establish an equivalent part of a program.
15Such withdrawal shall be effective either December 31 or June 30 provided that 12
16months' notice has been given to the board. The withdrawing school district shall
17be liable for its proportionate share of all operating costs until its withdrawal
18becomes effective, shall continue to be liable for its share of debt incurred while it was
19a participant and shall receive no share in the assets.
AB100-engrossed,1417,421
115.86
(8) Transportation. The board may promulgate a plan for the
22transportation at county expense of children who are participating in special
23education programs under this section, special education programs operated at day
24care centers or special education programs operated by a private organization within
25whose attendance area the child resides and which is situated not more than 5 miles
1beyond the boundaries of the area the board serves, as measured along the usually
2traveled route. The plan, upon approval of the
department state superintendent,
3shall govern the transportation of such children. Any such plan for transportation
4during the school term supersedes ss. 115.88 and 121.54 (3).
AB100-engrossed,1417,76
115.86
(11) Violations. The
department state superintendent shall withhold
7aid from any board that is in violation of this section.
AB100-engrossed,1417,1310
115.87
(1) In this section, if a child with exceptional educational needs is
11attending a public school in a nonresident school district under s. 118.51, "school
12district in which the child resides" and "school district of residence" mean the school
13district that the child attends under s. 118.51.
AB100-engrossed,1417,2115
115.87
(8) Upon the advance approval of the
department state superintendent,
16the school board of any district may place a child in a special education program
17outside this state in accordance with s. 115.85 (2) (c) or a special education program
18operated by a private, nonsectarian special education service either within or outside
19the state in accordance with s. 115.85 (2) (d). The school district of residence shall
20pay the tuition and transportation in accordance with the procedure established for
21the payment of tuition by the school district under s. 121.78.
AB100-engrossed,1418,923
115.88
(1) Program aid. (am) If, upon receipt of the report under s. 115.84, the
24department state superintendent is satisfied that the special education program has
25been maintained during the preceding school year in accordance with law, the
1department state superintendent shall certify to the department of administration
2in favor of each county, cooperative educational service agency and school district
3maintaining such special education program a sum equal to 63% of the amount
4expended by the county, agency and school district during the preceding year for
5salaries of personnel enumerated in s. 115.83 (1), including the salary portion of any
6authorized contract for physical or occupational therapy services, except as provided
7in par. (b), and other expenses approved by the
department state superintendent.
8The department of administration shall pay such amounts to the county, agency and
9school district from the appropriation under s. 20.255 (2) (b).
AB100-engrossed,1418,1510
(b) Salaries of licensed school psychologists and licensed school social workers
11shall be reimbursed at 51% without regard to whether they are employed in a
12program for handicapped children. The school district, county handicapped
13children's education board or cooperative educational service agency shall include in
14the report under s. 115.84 any information required by the
department state
15superintendent relating to use of a school psychologist or school social worker.
AB100-engrossed,1419,617
115.88
(2) Transportation aid. If upon receipt of the report under s. 115.84 the
18department state superintendent is satisfied that the transportation of children with
19exceptional educational needs has been maintained during the preceding year in
20accordance with the law, the
department state superintendent shall certify to the
21department of administration in favor of each county, cooperative educational
22service agency or school district transporting such pupils 63% of the amount
23expended for such transportation. Pupils for whom aid is paid under this subsection
24shall not be eligible for aid under s. 121.58 (2) or (4). The department of
25administration shall pay such amounts to the county, agency or school district from
1the appropriations under s. 20.255 (2) (b) and
(u) (br). This subsection applies to any
2child with exceptional educational needs who requires special assistance in
3transportation, including any such child attending regular classes who requires
4special or additional transportation. This subsection does not apply to any child with
5exceptional educational needs attending regular or special classes who does not
6require any special or additional transportation.
AB100-engrossed,1419,128
115.88
(6) Aid for instruction outside of district. From the appropriation
9under s. 20.255 (2) (b) there shall be paid the full cost of salary and travel expenses,
10in amounts determined in advance by the
department
state superintendent, to
11school districts for providing special education outside the school district of
12employment.
AB100-engrossed,1419,2414
115.88
(8) Enrollment out of state. If a child with exceptional educational
15needs is enrolled in a public special education program under s. 115.85 (2) (c) 2. and
16the
department state superintendent is satisfied that the program in which the child
17is enrolled complies with this subchapter, the
department state superintendent shall
18certify to the department of administration in favor of the school district
of residence 19in which the child resides or the school district attended by the child under s. 118.51 20a sum equal to the percentage of the approved costs under subs. (1) and (2) of the
21amount expended by the school district during the preceding year for the additional
22costs associated with the child's special education program. The department of
23administration shall pay the amount to the school district from the appropriation
24under s. 20.255 (2) (b).
AB100-engrossed,1420,5
1115.882 Proration of state aid. If the sum of the appropriations under s.
220.255 (2) (b) and
(u) (br) in any one year is insufficient to pay the full amount of aid
3under ss. 115.88 and 118.255, state aid payments shall be prorated among the
4counties, school districts and cooperative educational service agencies entitled
5thereto.
AB100-engrossed,1420,13
7115.89 Noncomplying school district; remedies. (1) If, after a public
8hearing in the school district or as the result of a monitoring procedure or a complaint
9investigation, the
department state superintendent finds that a school board has
10violated this subchapter or the rules promulgated under this subchapter, the
11department state superintendent may make recommendations to the school board
12to remedy the violation and may require the school board to submit a remedial plan
13incorporating such recommendations.
AB100-engrossed,1420,19
14(3) If, after consultation with the school board, the
department state
15superintendent finds that the remedial plan has not incorporated
the department's 16his or her recommendations, or that its implementation has been inadequate to
17ensure compliance with this subchapter and the rules promulgated under this
18subchapter, the
department state superintendent shall request the attorney general
19to proceed against the school district for injunctive or other appropriate relief.
AB100-engrossed,1421,221
115.92
(1) Any school board may establish a program for school age parents
22who are residents of the school district. The program shall be designed to provide
23services and instruction to meet the needs of school age parents, including education
24on the skills required of a parent; family planning,
as defined in s. 253.07 (1) (a), 25including natural family planning; and information on adoption services. The
1program shall be coordinated with existing vocational and job training programs in
2the school district.
AB100-engrossed,1421,64
115.92
(3) The
department state superintendent shall by rule establish criteria
5for the approval of programs established under this subchapter for the purpose of
6determining those programs eligible for aid under s. 115.93.
AB100-engrossed,1421,178
115.93
(1) Except as provided under sub. (2), if upon receipt of the reports under
9s. 115.92 (2) the
department state superintendent is satisfied that the school age
10parents program has been maintained during the preceding school year in
11accordance with the rules under s. 115.92 (3), the
department state superintendent 12shall certify to the department of administration in favor of each school district
13maintaining the program a sum equal to 63% of the amount expended by the school
14district during the preceding school year for salaries of teachers and instructional
15aides, special transportation and other expenses approved by the
department state
16superintendent. The department of administration shall pay such amounts to the
17school district from the appropriation under s. 20.255 (2) (b).
AB100-engrossed,1421,2019
115.955
(3) "Bilingual counselor" means a certified school counselor approved
20by the
department state superintendent under s. 115.28 (15) (a).
AB100-engrossed,1421,23
21(4) "Bilingual counselor's aide" means a person who is employed to assist a
22counselor and who is approved by the
department state superintendent under s.
23115.28 (15) (a).
AB100-engrossed,1421,25
24(5) "Bilingual teacher" means a certified teacher approved by the
department 25state superintendent under s. 115.28 (15) (a).
AB100-engrossed,1422,3
1(6) "Bilingual teacher's aide" means a person who is employed to assist a
2teacher and who is approved by the
department state superintendent under s. 115.28
3(15) (a).
AB100-engrossed,1422,8
4(7) "Limited-English speaking pupil" means a pupil whose ability to use the
5English language is limited because of the use of a non-English language in his or
6her family or in his or her daily, nonschool surroundings, and who has difficulty, as
7defined by rule by the
department state superintendent, in performing ordinary
8classwork in English as a result of such limited English language ability.
AB100-engrossed,1423,210
115.96
(5) (b) A parent or legal custodian may appeal the school board's failure
11to place the pupil in the bilingual-bicultural education program established for the
12pupil in the pupil's language group by filing a notice of appeal with the clerk of the
13school district within 10 days after the commencement of the school term. The school
14board shall provide for a hearing on the question of placement within 20 days after
15receipt of the notice of appeal and shall take a written record of the proceedings. The
16cost of taking the record shall be the responsibility of the school board. The parent
17or legal custodian may request a public or private hearing. Within 10 days after the
18hearing, the school board shall make a decision on the question of placement. If the
19parent or legal custodian is not satisfied with the decision of the school board, the
20parent or legal custodian may, within 10 days after the school board's decision, file
21a notice of appeal with the
department state superintendent. If the parent or legal
22custodian appeals, the parent or legal custodian shall assume the cost of transcribing
23the record. Within 10 days after receipt of the notice of appeal from the
24determination of the school board, the
department
state superintendent shall issue
25a decision based on the hearing record. If the parent or legal custodian prevails, the
1school board shall reimburse the parent or legal custodian for the cost of transcribing
2the record.
AB100-engrossed,1423,104
115.97
(5) (a) (intro.) Except as provided under par. (b), if a school board is
5required to establish a bilingual-bicultural education program under sub. (2), (3) or
6(4), but bilingual teachers for the language groups are unavailable, the program may
7be taught by certified teachers of English as a 2nd language upon receipt of approval
8of the
department state superintendent. The
department state superintendent may
9approve a program under this paragraph only if the school board demonstrates all
10of the following:
AB100-engrossed,1423,15
12115.99 Preschool and summer school programs. A school board may
13establish a full-time or part-time preschool or summer bilingual-bicultural
14education program according to rules established by the
department state
15superintendent.
AB100-engrossed,1423,24
17115.993 Report on bilingual-bicultural education. Annually, on or before
18August 15, the school board of a district operating a bilingual-bicultural education
19program under this subchapter shall report to the
department state superintendent 20the number of pupils, including both limited-English speaking pupils and other
21pupils, instructed the previous school year in bilingual-bicultural education
22programs, an itemized statement on oath of all disbursements on account of the
23bilingual-bicultural education program operated during the previous school year
24and a copy of the estimated budget for that program for the current school year.
AB100-engrossed,1424,12
1115.995 State aids. Upon receipt of the report under s. 115.993, if the
2department state superintendent is satisfied that the bilingual-bicultural education
3program for the previous school year was maintained in accordance with this
4subchapter, the
department state superintendent shall certify to the department of
5administration in favor of the school district a sum equal to a percentage of the
6amount expended on limited-English speaking pupils by the school district during
7the preceding year for salaries of personnel participating in and attributable to
8bilingual-bicultural education programs under this subchapter, special books and
9equipment used in the bilingual-bicultural programs and other expenses approved
10by the
department state superintendent. The percentage shall be determined by
11dividing the amount in the appropriation under s. 20.255 (2) (cc) in the current school
12year by the total amount of aidable costs in the previous school year.
AB100-engrossed,1424,25
14115.996 Report to the legislature. Annually, on or before December 31, the
15department state superintendent shall submit a report to the chief clerk of each
16house of the legislature, for distribution to the legislature under s. 13.172 (2), on the
17status of bilingual-bicultural education programs established under this
18subchapter. The report shall include the number of pupils served in
19bilingual-bicultural education programs for each language group in each school
20district in which such programs are offered and the cost of the program per pupil for
21each school district, language group and program type. The department shall also
22provide the number of pupils in each school district and language group who as a
23result of participation in a bilingual-bicultural education program improved their
24English language ability to such an extent that the program is no longer necessary
25for such pupils.
AB100-engrossed,1425,11
2116.01 Purpose. The organization of school districts in Wisconsin is such that
3the legislature recognizes the need for a service unit between the school district and
4the
department state superintendent. The cooperative educational service agencies
5are designed to serve educational needs in all areas of Wisconsin by serving as a link
6both between school districts and between school districts and the state. Cooperative
7educational service agencies may provide leadership, coordination and education
8services to school districts, University of Wisconsin System institutions and centers
9and technical colleges. Cooperative educational service agencies may facilitate
10communication and cooperation among all public and private schools, agencies and
11organizations that provide services to pupils.
AB100-engrossed,1425,1813
116.02
(1) (c) The
department state superintendent shall cause to convene
14annually on the day that the board of control holds its annual organizational meeting
15under par. (a) a convention composed of the representative from each school board
16in the agency. There shall be no more than one representative from each union high
17school district. The convention may direct the board of control to determine a
18different date for the annual organizational meeting.
AB100-engrossed,1425,2420
116.03
(10) Authorize the expenditure of money for the purposes set forth in
21this chapter and for the actual and necessary expenses of the board of control and
22agency administrator and for the acquisition of equipment, space and personnel. All
23accounts of the agency shall be paid by check, share draft or other draft signed by the
24chairperson and secretary to the board of control.
AB100-engrossed,1426,5
1116.03
(11) Establish the salaries of the agency administrator and other
2professional and nonprofessional employes. State reimbursement for the cost of the
3salary of the agency administrator shall be equal to the actual salary paid or the
4maximum of the salary range for
public instruction supervisors
in the department 5under the state superintendent, whichever is less.
AB100-engrossed,1426,97
116.03
(12m) Every 3rd year as scheduled by the state superintendent, provide
8to the school board of each school district in the agency an accountability plan that
9addresses both the efficiency and effectiveness of all agency programs and services.
AB100-engrossed,1426,1311
116.03
(13) Every 3rd year, as scheduled by the
department state
12superintendent, submit to the
department state superintendent for
its his or her 13approval an evaluation of agency programs and services.
AB100-engrossed,1426,2315
116.06
(1) Upon the petition of a school board of a district operating high school
16grades, the
department state superintendent, after investigation of the proposal,
17may transfer by order the entire school district from one agency to another, effective
18the next succeeding July 1. Any school district so transferred shall pay its agreed
19share of all expenses incurred by the agency in its behalf, but shall not be required
20to fulfill any commitments in the agency from which transferred extending beyond
21the effective date of transfer. A transfer of the territory of a union high school district
22shall include and effect a transfer of that territory of underlying elementary school
23districts which lie within the boundaries of the union high school district.
AB100-engrossed,1427,4
1116.065
(1) The school board of a school district in cooperative educational
2service agency no. 1, as designated on April 1, 1985, may adopt a resolution to
3withdraw from the agency. The school board shall immediately notify the board of
4control and the
department state superintendent of its intention.
AB100-engrossed,1427,146
116.08
(1) An amount not to exceed $25,000 annually shall be paid to each
7agency for the maintenance and operation of the office of the board of control and
8agency administrator and to match any federal funds received by the agency for
9vocational education administration. No state aid may be paid unless the agency
10submits by August 1 an annual report which includes a detailed certified statement
11of its expenses for the prior year to the
department
state superintendent, and such
12statement reveals that the state aid was expended as provided by this section. In no
13case may the state aid exceed the actual expenditures for the prior year as certified
14in such statement.
AB100-engrossed,1427,17
16116.10 Lease of equipment. The board of control may lease equipment for
17the purpose of assisting pupils with a visual handicap to read.