AB100: Bill Text Engrossed

AB100-engrossed, s. 2847t Section 2847t. 119.23 (7) (b) of the statutes is amended to read:

AB100-engrossed,1484,14 119.23 (7) (b) The department state superintendent shall monitor the performance of the pupils attending private schools under this section. If the department state superintendent determines in any school year that the private school is not meeting at least one of the standards under par. (a), that private school may not participate in the program under this section in the following school year.

AB100-engrossed, s. 2848m Section 2848m. 119.25 (2) (b) of the statutes is amended to read:

AB100-engrossed,1485,18 119.25 (2) (b) No administrator may be designated to participate in an expulsion hearing if he or she was involved in the incident that led to the expulsion proceeding. Prior to expelling a pupil, the hearing officer or panel shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian, may be represented at the hearing by counsel. The hearing officer or panel shall keep a full record of the hearing. The hearing officer or panel shall inform each party of the right to a complete record of the proceeding. Upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent or guardian. Upon the ordering by the hearing officer or panel of the expulsion of a pupil, the school district shall mail a copy of the order to the board, the pupil and, if the pupil is a minor, the pupil's parent or guardian. A school board, hearing officer or panel may disclose the transcript to the parent or guardian of an adult pupil, if the adult pupil is a dependent of his or her parent or guardian under section 152 of the internal revenue code. Within 30 days after the date on which the order is issued, the board shall review the expulsion order and shall, upon review, approve, reverse or modify the order. The order of the hearing officer or panel shall be enforced while the board reviews the order. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the board's decision to the department state superintendent. If the board's decision is appealed to the department state superintendent, within 60 days after the date on which the department state superintendent receives the appeal, the department state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the board shall be enforced while the department state superintendent reviews the decision. An appeal from the decision of the department state superintendent may be taken within 30 days to the circuit court for the county in which the school is located.

AB100-engrossed, s. 2849 Section 2849. 119.28 (5) of the statutes is amended to read:

AB100-engrossed,1485,22 119.28 (5) Any action under subs. (3) and (4) shall be subject to the direction of the department state superintendent and the division for learning support, equity and advocacy in the department as provided by law.

AB100-engrossed, s. 2849d Section 2849d. 119.32 (6) of the statutes is amended to read:

AB100-engrossed,1486,4 119.32 (6) The superintendent of schools shall take an annual census of all persons between the ages of 4 and 20 residing in the city and at the same time shall collect such additional statistics and information relating to schools and the population entitled to school privileges in the city as the board directs. The census may be estimated by using statistically significant sampling techniques that have been approved by the department.

AB100-engrossed, s. 2849h Section 2849h. 119.44 (1) of the statutes is amended to read:

AB100-engrossed,1486,7 119.44 (1) The board shall file its annual financial report with the city clerk and shall send a copy of the report to the department state superintendent.

AB100-engrossed, s. 2849m Section 2849m. 119.44 (2) (c) of the statutes is amended to read:

AB100-engrossed,1486,9 119.44 (2) (c) The information specified under s. 120.18 (1) (gm) and (i).

AB100-engrossed, s. 2849r Section 2849r. 119.44 (2) (d) of the statutes is created to read:

AB100-engrossed,1486,11 119.44 (2) (d) The information specified under s. 120.18 (1) (a).

AB100-engrossed, s. 2850b Section 2850b. 119.48 (4) (b) of the statutes is amended to read:

AB100-engrossed,1486,17 119.48 (4) (b) The communication shall state the purposes for which the funds from the increase in the levy rate will be used and shall request the common council to submit to the voters of the city the question of exceeding the levy rate specified in s. 65.07 (1) (f) at the September election or a special an election authorized under s. 8.065.

AB100-engrossed, s. 2851b Section 2851b. 119.48 (4) (c) of the statutes is amended to read:

AB100-engrossed,1487,5 119.48 (4) (c) Upon receipt of the communication, the common council shall cause the question of exceeding the levy rate specified under s. 65.07 (1) (f) to be submitted to the voters of the city at the September election or at a special next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the communication. The question of exceeding the levy rate specified under s. 65.07 (1) (f) shall be submitted upon a separate ballot or in some other manner so that the vote upon exceeding the levy rate specified in s. 65.07 (1) (f) is taken separately from any other question submitted to the voters. If a majority of the electors voting on the question favors exceeding the levy rate specified under s. 65.07 (1) (f), the common council shall approve the increase in the levy rate and shall levy and collect a tax equal to the amount of money approved by the electors.

AB100-engrossed, s. 2851m Section 2851m. 119.485 of the statutes is created to read:

AB100-engrossed,1487,15 119.485 Taxes for state trust fund loans. (1) If the board is awarded a state trust fund loan under subch. II of ch. 24, the board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of money necessary to pay the principal and interest on the loan as they become due. The common council shall levy and collect a tax upon all property subject to taxation in the city, at the same time and in the same manner as other taxes are levied and collected, equal to the amount of money required to make such payments. The taxes are in addition to all other taxes that the city is authorized to levy.

AB100-engrossed,1487,18 (2) Annually by December 31, the board shall transfer to the city an amount which, when added to the interest that will accrue on the amount, is sufficient to meet the anticipated costs of debt service on the loan in the ensuing year.

AB100-engrossed, s. 2852b Section 2852b. 119.49 (1) (b) of the statutes is amended to read:

AB100-engrossed,1487,25 119.49 (1) (b) The communication shall state the amount of funds needed under par. (a) and the purposes for which the funds will be used and shall request the common council to submit to the voters of the city at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held in the city not sooner than 45 days after receipt of the communication the question of issuing school bonds in the amount and for the purposes stated in the communication.

AB100-engrossed, s. 2853b Section 2853b. 119.49 (2) of the statutes is amended to read:

AB100-engrossed,1488,13 119.49 (2) Upon receipt of the communication, the common council shall cause the question of issuing such school bonds in the stated amount and for the stated school purposes to be submitted to the voters of the city at the next election held in the city authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs not sooner than 45 days after the date of receipt of the communication. The question of issuing such school bonds shall be submitted upon a separate ballot or in some other manner so that the vote upon issuing such school bonds is taken separately from any other question submitted to the voters. If a majority of the electors voting on the school bond question favors issuing such school bonds, the common council shall cause the school bonds to be issued immediately or within the period permitted by law, in the amount requested by the board and in the manner other bonds are issued.

AB100-engrossed, s. 2853m Section 2853m. 119.497 (2) (b) of the statutes is amended to read:

AB100-engrossed,1488,19 119.497 (2) (b) By December 1, 1992, the board shall submit the approved plan to the department state superintendent and the legislative audit bureau for their review. By January 15, 1993, the department state superintendent and the legislative audit bureau shall submit their comments on the plan to the committees specified under par. (a) in the manner specified under par. (a).

AB100-engrossed, s. 2854 Section 2854. 119.68 (2) of the statutes is amended to read:

AB100-engrossed,1488,23 119.68 (2) No action may be brought or maintained against the school upon a claim or cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37 or , 19.97 or 281.99.

AB100-engrossed, s. 2854b Section 2854b. 119.71 (2) of the statutes is amended to read:

AB100-engrossed,1489,3 119.71 (2) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 in each school year.

AB100-engrossed, s. 2854e Section 2854e. 119.72 (1) (c) of the statutes is amended to read:

AB100-engrossed,1489,8 119.72 (1) (c) Employs or utilizes only persons appropriately licensed by the department state superintendent under s. 115.28 (7) for pupils in the program, or ensures that only such persons supervise the individuals providing instruction and support services to the pupils in the program.

AB100-engrossed, s. 2854h Section 2854h. 119.72 (5) of the statutes is amended to read:

AB100-engrossed,1489,12 119.72 (5) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 for the program under this section in each school year.

AB100-engrossed, s. 2854k Section 2854k. 119.73 of the statutes is amended to read:

AB100-engrossed,1489,21 119.73 Kindergarten and early childhood programs. The board shall evaluate the effectiveness of the expanded 5-year-old kindergarten programs under s. 119.71 and the early childhood education programs under s. 119.72 in meeting the needs of disadvantaged children. By January 1, 1990, and annually thereafter by January 1, the board shall submit a report summarizing its findings to the department state superintendent and 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. 2854m Section 2854m. 119.74 (intro.) of the statutes is amended to read:

AB100-engrossed,1490,2 119.74 Extended-day elementary grade, 4-year-old kindergarten and alcohol and other drug abuse programs. (intro.) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amounts specified in the spending plan under s. 119.80 for the following programs in each school year:

AB100-engrossed, s. 2854p Section 2854p. 119.75 (2) (a) of the statutes is amended to read:

AB100-engrossed,1490,6 119.75 (2) (a) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 in each school year.

AB100-engrossed, s. 2854s Section 2854s. 119.78 (2) of the statutes is amended to read:

AB100-engrossed,1490,10 119.78 (2) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 in each school year to fund the family resource center under sub. (1).

AB100-engrossed, s. 2854u Section 2854u. 119.82 (3) of the statutes is amended to read:

AB100-engrossed,1490,14 119.82 (3) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 in each school year for the programs under sub. (1).

AB100-engrossed, s. 2854w Section 2854w. 119.84 of the statutes is amended to read:

AB100-engrossed,1490,19 119.84 Professional development. Annually, the department state superintendent shall pay the amount appropriated in that fiscal year under s. 20.255 (2) (dc) to the board. The board shall use the funds for professional staff development activities. This subsection does not apply after June 30, 1996.

AB100-engrossed, s. 2854y Section 2854y. 120.115 of the statutes is created to read:

AB100-engrossed,1490,25 120.115 Report on debt service. (1) Within 10 days after holding a referendum that would authorize the school district to incur debt or that would authorize the common council of a 1st class city to incur debt on behalf of the school district operating under ch. 119, the school board shall notify the department of the approval or rejection of the referendum.

AB100-engrossed,1491,2 (2) (a) Within 10 days after adopting or revising a schedule for the payment of debt service, the school board shall submit the schedule to the department.

AB100-engrossed,1491,5 (b) Within 10 days after adopting or revising a schedule for the payment of debt service on debt issued on behalf of the school district operating under ch. 119, the common council of a 1st class city shall submit the schedule to the department.

AB100-engrossed,1491,8 (3) Monthly, the department shall submit to the department of administration and the legislative fiscal bureau a report that aggregates all debt service payment schedules submitted under sub. (2).

AB100-engrossed, s. 2855 Section 2855. 120.12 (14) of the statutes is amended to read:

AB100-engrossed,1491,11 120.12 (14) Course of study. Determine the school course of study, with the advice of the department state superintendent .

AB100-engrossed, s. 2855m Section 2855m. 120.12 (15) of the statutes is amended to read:

AB100-engrossed,1491,19 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employe's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours and conditions of employment.

AB100-engrossed, s. 2856 Section 2856. 120.12 (17) of the statutes is amended to read:

AB100-engrossed,1491,25 120.12 (17) University of Wisconsin system tuition. Pay the tuition of any pupil enrolled in the school district and attending a center or institution within the university of Wisconsin system if the pupil is not participating in the program under s. 118.37 118.55, the course the pupil is attending at the university is not offered in the school district and the pupil will receive high school credit for the course.

AB100-engrossed, s. 2857g Section 2857g. 120.13 (1) (c) 3. of the statutes is amended to read:

AB100-engrossed,1492,17 120.13 (1) (c) 3. Prior to expelling a pupil, the school board shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian may be represented at the hearing by counsel. The school board shall keep written minutes of the hearing. Upon the ordering by the school board of the expulsion of a pupil, the school district clerk shall mail a copy of the order to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the expulsion to the department state superintendent. If the school board's decision is appealed to the department state superintendent, within 60 days after the date on which the department state superintendent receives the appeal, the department state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the school board shall be enforced while the department state superintendent reviews the decision. An appeal from the decision of the department state superintendent may be taken within 30 days to the circuit court of the county in which the school is located.

AB100-engrossed, s. 2857r Section 2857r. 120.13 (1) (e) 3. of the statutes is amended to read:

AB100-engrossed,1493,18 120.13 (1) (e) 3. Prior to expelling a pupil, the hearing officer or panel shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian, may be represented at the hearing by counsel. The hearing officer or panel shall keep a full record of the hearing. The hearing officer or panel shall inform each party of the right to a complete record of the proceeding. Upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent or guardian. Upon the ordering by the hearing officer or panel of the expulsion of a pupil, the school district shall mail a copy of the order to the school board, the pupil and, if the pupil is a minor, the pupil's parent or guardian. Within 30 days after the date on which the order is issued, the school board shall review the expulsion order and shall, upon review, approve, reverse or modify the order. The order of the hearing officer or panel shall be enforced while the school board reviews the order. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the school board's decision to the department state superintendent. If the school board's decision is appealed to the department state superintendent, within 60 days after the date on which the department state superintendent receives the appeal, the department state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the school board shall be enforced while the department state superintendent reviews the decision. An appeal from the decision of the department state superintendent may be taken within 30 days to the circuit court of the county in which the school is located. This paragraph does not apply to a school district operating under ch. 119.

AB100-engrossed, s. 2860c Section 2860c. 120.13 (2) (g) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-engrossed,1493,24 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.745 (2), (3) and (5) 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (10), 632.896, 767.25 (4m) (d) and 767.51 (3m) (d).

AB100-engrossed, s. 2860f Section 2860f. 120.13 (2) (g), as affected by 1997 Wisconsin Act .... (this act), of the statutes is amended to read:

AB100-engrossed,1494,6 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (10) to (13), 632.896, 767.25 (4m) (d) and 767.51 (3m) (d).

AB100-engrossed, s. 2860g Section 2860g. 120.13 (14) of the statutes is amended to read:

AB100-engrossed,1494,23 120.13 (14) Day care programs. Establish and provide or contract for the provision of day care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a day care program established under this subsection. Costs associated with a day care program under this subsection may not be included in shared costs under s. 121.07 (6). Day care programs established under this subsection shall meet the standards for licensed day care centers established by the department of health and family services. If a school board proposes to contract for or renew a contract for the provision of a day care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a day care program under this subsection, the school board shall refer the contractor or proposed contractor to the department of health and family services for the background investigations criminal history and child abuse record search required under s. 48.65 (1m) 48.685. Each school board shall provide the department of health and family services with information about each person who is denied a contract for a reason specified in s. 48.685 (2) (a) 1. to 5.

AB100-engrossed, s. 2860m Section 2860m. 120.13 (26) of the statutes is amended to read:

AB100-engrossed,1495,6 120.13 (26) Contracts with private education services. Upon the approval of the department state superintendent, contract with private education services for pupils who need concurrent education and treatment services, the educational portion of which is not available in the schools in which the pupils are enrolled. Private education services provided under this subsection may not include religious or sectarian teachings or instruction.

AB100-engrossed, s. 2861 Section 2861. 120.13 (26r) of the statutes is created to read:

AB100-engrossed,1495,10 120.13 (26r) Contracts for outpatient mental health and developmental disabilities services. Contract with the department of health and family services for outpatient services under s. 51.07 (4).

AB100-engrossed, s. 2862m Section 2862m. 120.14 (1) of the statutes is amended to read:

AB100-engrossed,1495,20 120.14 (1) At the close of each fiscal year, the school board of each school district shall employ a licensed accountant to audit the school district accounts and certify the audit. The audit shall include information concerning the school district's self-insurance plan under s. 120.13 (2) (b), as specified by the commissioner of insurance. If required by the department state superintendent under s. 115.28 (18), the audit shall include an audit of the number of pupils reported for membership purposes under s. 121.004 (5). The cost of the audit shall be paid from school district funds. Annually by September 15, the school district clerk shall file a financial audit statement with the department state superintendent.

AB100-engrossed, s. 2863 Section 2863. 120.17 (8) (bm) of the statutes is amended to read:

AB100-engrossed,1496,5 120.17 (8) (bm) If the equalized valuation of that part of a municipality lying within a school district is reduced due to the removal of property from the tax roll because the imposition of the property tax on that property is found unconstitutional, the school district clerk shall notify the supervisor of equalization. The supervisor of equalization shall reduce the equalized valuation by the full value of the property so removed and certify the resulting equalized valuation to the department state superintendent and the school district clerk for use in computing the tax levy certifications under this subsection. Corrections may be made under this paragraph only for the valuations used by the department for the last 2 school years.

AB100-engrossed, s. 2863b Section 2863b. 120.18 (1) (a) of the statutes is amended to read:

AB100-engrossed,1496,17 120.18 (1) (a) Except in a union high school district, the The school census, showing the numbers and ages of children between the ages of 4 and 20 residing in the school district who are at least 4 years old but not yet 14 years old and who reside in a school district operating only elementary grades, showing the number and ages of children between the ages of 14 and 20 residing in a union high school district and showing the number and ages of children between the ages of 4 and 20 residing in any other school district. The census may be estimated by using statistically significant sampling techniques that have been approved by the department state superintendent. Children cared for at a charitable or penal institution of this state may not be included in the report. The school district clerk may employ a competent person to take the school census.

AB100-engrossed, s. 2863g Section 2863g. 120.18 (1) (h) of the statutes is renumbered 120.18 (1) (s).

AB100-engrossed, s. 2863r Section 2863r. 120.18 (1) (i) of the statutes is created to read:

AB100-engrossed,1496,23 120.18 (1) (i) A description of the educational technology used by the school district, including the uses made of the technology, the cost of the technology and the number of persons using or served by the technology. In this paragraph, "educational technology" has the meaning given in s. 44.70 (3).

AB100-engrossed, s. 2863rm Section 2863rm. 120.18 (3) of the statutes is amended to read:

AB100-engrossed,1497,2 120.18 (3) The department state superintendent may promulgate rules to implement and administer this section.

AB100-engrossed, s. 2863s Section 2863s. 120.21 (1) (b) of the statutes is amended to read:

AB100-engrossed,1497,6 120.21 (1) (b) With flight operator schools, approved by the U.S. civil aeronautics administration, for courses in flight instruction approved by the department state superintendent.

AB100-engrossed, s. 2864 Section 2864. 121.004 (2) of the statutes is amended to read:

AB100-engrossed,1497,16 121.004 (2) Equalized valuation. The "equalized valuation" of a school district is the full value of the taxable property of the territory in the school district as certified for the prior year under s. 121.06 (2), excluding value adjustments made under s. 70.57 (1) resulting from appeals made under s. 70.995. The "equalized valuation" of any taxable property in a tax incremental district shall not exceed its equalized value determined for the purpose of obtaining the tax incremental base of that district under s. 66.46. The "equalized valuation" of a school district shall be reduced by the amount of an environmental remediation value increment on a parcel of property that is certified under s. 66.462 during the period of certification.

AB100-engrossed, s. 2865m Section 2865m. 121.004 (7) (a) of the statutes is amended to read:

AB100-engrossed,1497,22 121.004 (7) (a) "Pupils enrolled" is the total number of pupils, as expressed by official enrollments, in all schools of the school district, except as provided in pars. (b) to (d) (e). If such total contains a fraction, it shall be expressed as the nearest whole number. The same method shall be used in computing the number of pupils enrolled for resident pupils, nonresident pupils or both.