AB100: Bill Text Engrossed

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.

AB100-engrossed, s. 2865r Section 2865r. 121.004 (7) (e) of the statutes is created to read:

AB100-engrossed,1498,3 121.004 (7) (e) A pupil attending public school under s. 118.145 (4) shall be counted as the result obtained by dividing the number of hours of direct pupil instruction scheduled for the pupil at the public school during the school year by the number of hours of direct pupil instruction that the school district scheduled for a pupil in the same grade during the school year.

AB100-engrossed, s. 2867 Section 2867. 121.006 (1) (a) of the statutes is amended to read:

AB100-engrossed,1498,8 121.006 (1) (a) The department state superintendent may withhold state aid from any school district in which the scope and character of the work are not maintained in such manner as to meet the department's state superintendent's approval.

AB100-engrossed, s. 2867m Section 2867m. 121.006 (2) (intro.) and (a) of the statutes are amended to read:

AB100-engrossed,1498,14 121.006 (2) (intro.)  Unless the department state superintendent is satisfied that the failure to meet the requirements of pars. (a) and (b) was occasioned by some extraordinary cause not arising from intention or neglect on the part of the responsible officers, every school district shall:

AB100-engrossed,1498,18 (a) Hold school for at least 180 days each year, less any days during which the department state superintendent determines that school is not held or educational standards are not maintained as the result of a strike by school district employes, the days to be computed in accordance with s. 115.01 (10).

AB100-engrossed, s. 2868 Section 2868. 121.02 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1498,21 121.02 (1) (intro.) Each Except as provided in s. 118.40 (2r) (d), each school board shall:

AB100-engrossed, s. 2869 Section 2869. 121.02 (1) (a) 2. of the statutes is amended to read:

AB100-engrossed,1499,2 121.02 (1) (a) 2. Ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. The department state superintendent shall promulgate rules defining "instructional staff" for purposes of this subdivision and s. 118.40 (2r) (d) 1.

AB100-engrossed, s. 2869m Section 2869m. 121.02 (1) (f) 1. of the statutes is amended to read:

AB100-engrossed,1499,7 121.02 (1) (f) 1. Schedule at least 180 school days annually, less any days during which the department state superintendent determines that school is not held or educational standards are not maintained as the result of a strike by school district employes.

AB100-engrossed, s. 2870d Section 2870d. 121.02 (1) (m) of the statutes is amended to read:

AB100-engrossed,1499,15 121.02 (1) (m) Provide access to an education for employment program approved by the department state superintendent. Beginning in the 1997-98 school year, the program shall incorporate applied curricula; guidance and counseling services under par. (e); technical preparation under s. 118.34; college preparation; youth apprenticeship under s. 106.13 or other job training and work experience; and instruction in skills relating to employment. The department state superintendent shall assist school boards in complying with this paragraph.

AB100-engrossed, s. 2871 Section 2871. 121.02 (1) (s) of the statutes is amended to read:

AB100-engrossed,1499,22 121.02 (1) (s) Beginning in the 1993-94 school year, administer the examinations required by the department under s. 118.30 (1m) (am) and (b), and; beginning in the 1996-97 school year, administer the examination required by the department under s. 118.30 (1m) (a); and beginning in the 1999-2000 school year, administer the high school graduation examination required under s. 118.30 (1m) (d).

AB100-engrossed, s. 2871m Section 2871m. 121.02 (3) to (5) of the statutes are amended to read:

AB100-engrossed,1500,9 121.02 (3) Prior to any finding that a school district is not in compliance with the standards under sub. (1), the department state superintendent shall, upon request of the school board or upon receipt of a petition signed by the maximum number of electors allowed for nomination papers of school district officers under s. 8.10 (3) (i), (km) or (ks), conduct a public hearing in the school district. If the department state superintendent, after the hearing, finds that the district is not in compliance with the standards, the department state superintendent may develop with the school board a plan which describes methods of achieving compliance. The plan shall specify the time within which compliance shall be achieved. The department state superintendent shall withhold up to 25% of state aid from any school district that fails to achieve compliance within the specified period.

AB100-engrossed,1500,16 (4) Any school district which is completely surrounded by water may meet the requirements of this section by being in substantial compliance with the standards in sub. (1). Annually by August 15, the school district shall submit to the department state superintendent for approval a report describing the methods by which the school district intends to substantially comply with the standards. The department state superintendent shall allow any such school district maximum flexibility in the school district's substantial compliance plans.

AB100-engrossed,1500,19 (5) The department state superintendent shall promulgate rules to implement and administer this section, including rules defining "regular instruction" for the purpose of sub. (1) (L) 1. and 2.

AB100-engrossed, s. 2872 Section 2872. 121.05 (1) (a) 5. of the statutes is amended to read:

AB100-engrossed,1500,23 121.05 (1) (a) 5. Pupils attending a technical college under s. 118.15 (1) (b) and pupils attending an institution of higher education or a technical college under s. 118.37 118.55.

AB100-engrossed, s. 2872gd Section 2872gd. 121.05 (1) (a) 11. of the statutes is created to read:

AB100-engrossed,1501,2 121.05 (1) (a) 11. Pupils residing in the school district but attending a public school in another school district under s. 118.51.

AB100-engrossed, s. 2872gm Section 2872gm. 121.05 (1) (a) 12. of the statutes is created to read:

AB100-engrossed,1501,4 121.05 (1) (a) 12. Pupils attending public school under s. 118.145 (4).