AB100-engrossed,1511,322
121.54
(4) (b) A school board, a county handicapped children's education board
23or a cooperative educational service agency may provide transportation regardless
24of distance for children with exceptional educational needs who attend a summer
25special education program under s. 115.83 (4), if a request for such transportation
1is approved by the
department state superintendent. Approval shall be based on
2whether or not the child can walk to school with safety and comfort. Section 121.53
3shall apply to transportation provided under this paragraph.
AB100-engrossed,1512,25
121.54
(9) Transportation in areas of unusual hazards. (a) In school districts
6in which unusual hazards exist for pupils in walking to and from the school where
7they are enrolled, the school board shall develop a plan which shall show by map and
8explanation the nature of the unusual hazards to pupil travel and propose a plan of
9transportation if such transportation is necessary, which will provide proper
10safeguards for the school attendance of such pupils. Copies of the plan shall be filed
11with the sheriff of the county in which the principal office of the school district is
12located. The sheriff shall review the plan and may make suggestions for revision
13deemed appropriate. The sheriff shall investigate the site and plan and make a
14determination as to whether unusual hazards exist which cannot be corrected by
15local government and shall report the findings in writing to the
department state
16superintendent and the school board concerned. Within 60, but not less than 30, days
17from the day on which the
department state superintendent receives the sheriff's
18report, the
department state superintendent shall determine whether unusual
19hazards to pupil travel exist and whether the plan provides proper safeguards for
20such pupils. If the
department state superintendent makes findings which support
21the plan and the determination that unusual hazards exist which seriously
22jeopardize the safety of the pupils in their travel to and from school, the school board
23shall put the plan into effect and state aid shall be paid under s. 121.58 (2) (c) for any
24transportation of pupils under this subsection. Any city, village or town may
1reimburse, in whole or in part, a school district for costs incurred in providing
2transportation under this subsection for pupils who reside in the city, village or town.
AB100-engrossed,1512,133
(am) Any person aggrieved by the failure of a school board to file a plan with
4the sheriff as provided in par. (a) may notify the school board in writing that an area
5of unusual hazard exists. The school board shall reply to the aggrieved person in
6writing within 30 days of receipt of the aggrieved person's notice. The school board
7shall send a copy of the board's reply to the sheriff of the county in which the principal
8office of the school district is located and to the
department state superintendent.
9Upon receipt of the school board's reply, the aggrieved person may request a hearing
10before the
department state superintendent for a determination as to whether an
11area of unusual hazard exists. If the
department
state superintendent determines
12that an area of unusual hazard exists, the
department
state superintendent shall
13direct the school board to proceed as provided in par. (a).
AB100-engrossed,1512,1714
(b) Within 30 days after the sheriff's report is received by the
department state
15superintendent, any aggrieved person may request a hearing before the
department 16state superintendent on the determination by the sheriff and on the plan. After such
17hearing, the
department state superintendent shall proceed as provided in par. (a).
AB100-engrossed,1512,2118
(c) The
department state superintendent and the department of transportation
19shall establish a definition of "unusual hazards" and "area of unusual hazards" for
20the implementation of this subsection. Such definition shall be promulgated, as a
21rule, by the
department state superintendent.
AB100-engrossed,1513,423
121.54
(10) Full-time open enrollment. Subject to s. 118.51 (14) (a) 2., a school
24board may elect to provide transportation, including transportation to and from
25summer classes, for nonresident pupils who are attending public school in the school
1district under s. 118.51, or its resident pupils who are attending public school in
2another school district under s. 118.51, or both, except that a school board may not
3provide transportation under this subsection for a nonresident pupil to or from a
4location within the boundaries of the school district in which the pupil resides.
AB100-engrossed,1513,15
6121.56 School bus routes. The school board of each district shall make and
7be responsible for all necessary provisions for the transportation of pupils, including
8establishment, administration and scheduling of school bus routes. Upon the
9request of any school board, the
department state superintendent shall provide
10advice and counsel on problems of school transportation. Any private school shall,
11upon the request of the public school officials, supply all necessary information and
12reports. The transportation of public and private school pupils shall be effectively
13coordinated to insure the safety and welfare of the pupils. Upon receipt of a signed
14order from the
secretary state superintendent, the school board shall discontinue
15any route specified by the
secretary state superintendent.
AB100-engrossed,1513,2117
121.57
(1) (b) This subsection also applies to handicapped children. The
18department state superintendent may grant permission for a handicapped child to
19be transported to a school in another school district if an acceptable form of
20transportation is provided and if such school offers equal or better educational
21opportunities for the child.
AB100-engrossed,1514,1823
121.58
(2) (a) A school district which provides transportation to and from a
24school under ss. 121.54 (1) to (3), (5) and (6) and 121.57
, and the nonresident school
25district that a pupil attends under s. 118.51 which elects to provide transportation
1under s. 121.54 (10), shall be paid state aid for such transportation at the rate of $30
2per school year per pupil so transported whose residence is at least 2 miles and not
3more than 5 miles from the school attended, $45 per school year per pupil so
4transported whose residence is at least 5 miles and not more than 8 miles from the
5school attended, $60 per school year per pupil so transported whose residence is at
6least 8 miles and not more than 12 miles from the school attended, $68 per school year
7per pupil so transported whose residence is at least 12 miles and not more than 15
8miles from the school attended, $75 per school year per pupil so transported whose
9residence is at least 15 miles and not more than 18 miles from the school attended,
10and $85 per school year per pupil so transported whose residence is more than 18
11miles from the school attended. Such state aid shall be reduced proportionately in
12the case of a pupil transported for less than a full school year because of
13nonenrollment. State aid for transportation shall not exceed the actual cost thereof.
14No state aid of any kind may be paid to a school district which charges the pupil
15transported or his or her parent or guardian any part of the cost of transportation
16provided under ss. 121.54 (1) to (3), (5)
and, (6)
and (10) and 121.57 or which wilfully
17or negligently fails to transport all pupils for whom transportation is required under
18s. 121.54.
AB100-engrossed,1515,920
121.58
(4) State aid for summer class transportation. Annually on or before
21October 1 of the year in which transportation is provided under s. 121.54 (4),
or under
22s. 121.54 (10) if the transportation is provided by the nonresident school district that
23a pupil attends under s. 118.51, the school district clerk shall file with the
24department a report, containing such information as the department requires, on
25transportation provided by the school board to and from summer classes. Upon
1receipt of such report and if the summer classes meet the requirements of s. 121.14
2(1), state aid shall be paid for such transportation. A school district which provides
3such transportation shall be paid state aid for such transportation at the rate of $4
4per pupil transported to and from public school whose residence is at least 2 miles
5and not more than 5 miles by the nearest traveled route from the public school
6attended, and $6 per pupil transported to and from public school whose residence is
7more than 5 miles by the nearest traveled route from the public school attended, if
8the pupil is transported 30 days or more. The state aid shall be reduced
9proportionately if the pupil is transported less than 30 days.
AB100-engrossed,1515,1711
121.58
(5) (title)
Department State superintendent approval. If the
12department state superintendent is satisfied that transportation or board and
13lodging was provided in compliance with law, the
department state superintendent 14shall certify to the department of administration the sum due the school district. In
15case of differences concerning the character and sufficiency of the transportation or
16board and lodging, the
department state superintendent may determine such matter
17and
its his or her decision is final.
AB100-engrossed,1515,2119
121.76
(2) (a) All tuition shall be calculated under s. 121.83 unless the
20department state superintendent approves an alternative procedure consistent with
21s. 121.75.
AB100-engrossed,1515,2423
121.77
(1) (a) Every elementary school and high school shall be free to all pupils
24who reside in the school district.
AB100-engrossed,1516,6
1(b) If facilities are adequate, a school board, board of control of a cooperative
2educational service agency or county handicapped children's education board may
3admit nonresident pupils who meet its entrance requirements. Nonresident pupils
4shall have all
of the rights and privileges of resident pupils and shall be subject to
5the same rules and regulations as resident pupils. The agency of service shall charge
6tuition for each nonresident pupil.
AB100-engrossed,1516,138
121.77
(2) (a) A tuition claim for each nonresident pupil or adult for whom
9services were provided under this subchapter during the preceding school year. The
10claim shall be filed with the school district clerk under s. 121.78, the
department 11state superintendent under s. 121.79, the county clerk under s. 121.80, the pupil's
12parent or guardian under s. 121.81 or the adult under s. 121.82. Credit shall be given
13for prepayments.
AB100-engrossed,1516,1514
(b) A certified copy of each tuition claim under par. (a) with the
department 15state superintendent.
AB100-engrossed,1516,1817
121.77
(3) Subsections (1) (b) and (2) do not apply to a pupil attending a public
18school in a nonresident school district under s. 118.51.
AB100-engrossed,1517,220
121.78
(1) (a) Upon the approval of the
department state superintendent, the
21school board of the district of residence and the school board of the district of
22attendance may make a written agreement to permit an elementary or high school
23pupil to attend a public school, including an out-of-state school, outside the school
24district of residence, and the school district of residence shall pay the tuition. The
1school district of residence shall be paid state aid as though the pupil were enrolled
2in the school district of residence.
AB100-engrossed,1517,74
121.84
(1) (a) A school board
may
shall permit a pupil who is enrolled in a school
5under its jurisdiction and is a resident of the school district at the beginning of the
6school year to complete the school year at the school without payment of tuition, even
7though the pupil is no longer a resident of the school district.
AB100-engrossed,1517,109
121.845
(3) "School" means an organized educational activity operated by the
10school board and approved by the department.
AB100-engrossed,1517,1412
121.85
(4) (b) Any school board that, prior to May 4, 1976, established a plan
13to reduce racial imbalance in the school district is eligible for state aid under sub. (6)
14(a) if the
department state superintendent approves the plan.
AB100-engrossed,1517,2016
121.87
(1) (intro.) Any school district that receives aid under this subchapter
17in the 1989-90 school year or in any school year thereafter shall submit a report to
18the
department state superintendent, on a form provided by the
department state
19superintendent, by August 15 of the following school year. The report shall include
20all of the following for the school year in which the school district received aid:
AB100-engrossed,1517,2322
121.87
(1) (e) Any other information requested by the
department state
23superintendent.
AB100-engrossed,1518,2
1121.87
(2) The
department
state superintendent shall develop a standard
2method for reporting under sub. (1).
AB100-engrossed,1518,84
121.90
(1) "Number of pupils
enrolled" means the number of pupils enrolled
5on the 3rd Friday of September
, except that "number of pupils" excludes the number
6of pupils attending private schools under s. 119.23, including pupils identified in s.
7121.05 (1) (a) 1. to 11., except that "number of pupils enrolled" excludes the number
8of pupils attending public school under s. 118.145 (4).
AB100-engrossed,1518,1210
121.905
(1) In this section, "revenue ceiling" means
$5,300 $5,900 in the
111995-96 1997-98 school year and in any subsequent school year means
$5,600 12$6,100.
AB100-engrossed,1518,1814
121.905
(3) (b) Divide the result in par. (a) by the sum of the average of the
15number of pupils
enrolled in the 3 previous school years and the number of pupils
16enrolled who were school district residents and solely enrolled in a special education
17program provided by a county handicapped children's education board program in
18the previous school year.
AB100-engrossed,1518,2220
121.91
(2m) (c) (intro.) Except as provided in subs. (3)
and, (4)
and (6), no school
21district may increase its revenues for the 1997-98 school year to an amount that
22exceeds the amount calculated as follows:
AB100-engrossed,1519,424
121.91
(2m) (c) 1. Divide the sum of the amount of state aid received in the
25previous school year and property taxes levied for the previous school year, excluding
1funds described under sub. (4) (c), by
the average of a number calculated by adding 2the number of pupils
enrolled in the 3 previous school years
, subtracting from that
3total the number of pupils attending private schools under s. 119.23 in the 4th, 3rd
4and 2nd preceding school years, and dividing the remainder by 3.
AB100-engrossed,1519,106
121.91
(2m) (c) 4. Multiply the result under subd. 3. by
the average of a number
7calculated by adding the number of pupils
enrolled in the current and the 2 preceding
8school years
, subtracting from that total the number of pupils attending private
9schools under s. 119.23 in the 3 previous school years, and dividing the remainder
10by 3.
AB100-engrossed,1519,1812
121.91
(2m) (d) 1. Divide the sum of the amount of state aid received in the
13previous school year and property taxes levied for the previous school year, excluding
14funds described under sub. (4) (c), by
the average of
a number calculated by adding 15the number of pupils
enrolled in the 3 previous school years
, subtracting from that
16total the number of pupils attending charter schools under s. 118.40 (2r) and private
17schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years and dividing
18the remainder by 3.
AB100-engrossed,1519,2420
121.91
(2m) (d) 4. Multiply the result under subd. 3. by
the average of a number
21calculated by adding the number of pupils
enrolled in the current and the 2 preceding
22school years
, subtracting from that total the number of pupils attending charter
23schools under s. 118.40 (2r) and private schools under s. 119.23 in the 3 previous
24school years and dividing the remainder by 3.
AB100-engrossed,1520,13
1121.91
(3) (a) If a school board wishes to exceed the limit under sub. (1), (2) or
2(2m) otherwise applicable to the school district in any school year, it shall promptly
3adopt a resolution supporting inclusion in the final school district budget of an
4amount equal to the proposed excess revenue. The resolution shall specify whether
5the proposed excess revenue is for a recurring or nonrecurring purpose, or, if the
6proposed excess revenue is for both recurring and nonrecurring purposes, the
7amount of the proposed excess revenue for each purpose. The school board shall call
8a
special referendum
in accordance with s. 8.065 for the purpose of submitting the
9resolution to the electors of the school district for approval or rejection
. In lieu of a
10special referendum, the school board may specify that the referendum be held at the
11next succeeding spring primary or election or September primary or general election,
12if such election is, to be held not
earlier sooner than 35 days after the adoption of the
13resolution of the school board.
AB100-engrossed,1521,215
121.91
(3) (c) The referendum shall be held in accordance with chs. 5 to 12. The
16school district clerk shall provide the election officials with all necessary election
17supplies. The form of the ballot shall correspond substantially with the standard
18form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and
197.08 (1) (a). The question submitted shall be whether the limit under sub. (1), (2) or
20(2m) may be exceeded by a specified amount. If the resolution provides that any of
21the excess revenue will be used for a nonrecurring purpose, the ballot in the election
22shall so state and shall specify the amount that will be used for a nonrecurring
23purpose. The school district clerk shall promptly certify the results of the
24referendum to the
department state superintendent. The limit otherwise applicable
1to the school district under sub. (1), (2) or (2m) is increased by the amount approved
2by a majority of those voting on the question.
AB100-engrossed,1521,84
121.91
(4) (a) 1. If a school board transfers to another governmental unit
5responsibility for providing any service that it provided in the preceding school year,
6the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year
7is decreased by the cost that it would have incurred to provide that service, as
8determined by the
department state superintendent.
AB100-engrossed,1521,139
2. If a school board increases the services that it provides by adding
10responsibility for providing a service transferred to it from another governmental
11unit in the previous school year, the limit otherwise applicable under sub. (1), (2) or
12(2m) in the current school year is increased by the cost of that service, as determined
13by the
department state superintendent.
AB100-engrossed,1522,716
121.91
(4) (a) 3. Notwithstanding subd. 2., if a school board increases the
17services that it provides by adding responsibility for providing a service that is
18transferred to it from another governmental unit for a child with exceptional
19educational needs, as defined in s. 115.76 (3), or for a limited-English speaking pupil,
20as defined in s. 115.955 (7), the limit otherwise applicable under sub. (2m) in the
21current school year is increased by an amount equal to the estimated cost of
22providing the service less the estimated amount of aid that the school district will
23receive for the child or pupil in the following school year under s. 115.88 (1) to (6) and
24(8), 115.995 or 118.255, as determined by the state superintendent. A school board
25that transfers or receives responsibility for providing a service under this
1subdivision shall notify the state superintendent. A school board that transfers
2responsibility for providing a service under this subdivision shall provide the state
3superintendent with an estimate of the reduction in cost attributable to the transfer,
4even if that estimate is zero. The state superintendent shall notify the transferring
5school district when a receiving school district notifies the state superintendent that
6it has received responsibility for providing a service transferred to it under this
7subdivision.
AB100-engrossed,1522,149
121.91
(4) (b) 1. If a school district increases its territory by a boundary change
10under s. 117.10, 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in
11the school year beginning on the effective date of the boundary change under sub. (1),
12(2) or (2m) is increased by an amount equal to the cost of extending services to the
13attached territory in the school year to which the limit applies, as determined by the
14department state superintendent.
AB100-engrossed,1522,2015
2. If a school district decreases its territory due to a boundary change under s.
16117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year
17beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is
18decreased by an amount equal to the cost of services that it provided to the detached
19territory in the school year to which the limit applies, as determined by the
20department state superintendent.
AB100-engrossed,1523,222
121.91
(4) (f) 1. For the 1998-99 school year or any school year thereafter, if the
23average of the number of pupils enrolled in the current and the 2 preceding school
24years, as calculated under sub. (2m) (d) 4., is less than the average of the number of
25pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (d) 1.,
1the limit otherwise applicable under sub. (2m) (d) is increased by the amount
2determined as follows:
AB100-engrossed,1523,53
a. In the current school year, an amount equal to the additional amount that
4would have been calculated had the decline in average enrollment been 25% of what
5it was.
AB100-engrossed,1523,86
b. In the first succeeding school year, an amount equal to the additional amount
7that would have been calculated had the decline in average enrollment been 50% of
8what it was.
AB100-engrossed,1523,119
c. In the 2nd succeeding school year, an amount equal to the additional amount
10that would have been calculated had the decline in average enrollment been 75% of
11what it was.
AB100-engrossed,1523,1412
2. Any additional revenue received by a school district as a result of subd. 1.
13shall not be included in the base for determining the school district's limit under sub.
14(2m) (d) for the following school year.
AB100-engrossed,1523,2316
121.91
(5) (a) Upon request by a school board, the
department state
17superintendent may increase the school district's limit under sub. (1) by the amount
18necessary to allow the school district to avoid increasing its level of short-term
19borrowing over the amount of short-term borrowing incurred by the school district
20in the 1992-93 school year if the school district presents clear and convincing
21evidence of the need for the increase in the limit. The school board shall provide the
22department state superintendent with any information that the
department state
23superintendent requires to make the determination.
AB100-engrossed,1524,224
(b) The
department state superintendent shall submit to the governor, and to
25the legislature under s. 13.172 (2), a report summarizing the requests made by school
1boards under par. (a) and the increases granted by the
department state
2superintendent.
AB100-engrossed,1524,94
121.91
(6) In determining a school district's limit under sub. (2m) (c) for the
51997-98 school year, if the average of the number of pupils enrolled in the current
6and the 2 preceding school years, as calculated under sub. (2m) (c) 4., is more than
72% less than the average of the number of pupils enrolled in the 3 previous school
8years, as calculated under sub. (2m) (c) 1., the school district's limit shall be
9calculated as if the decrease had been 2%.
AB100-engrossed,1524,1211
121.92
(2) (intro.) The
department
state superintendent shall do all of the
12following:
AB100-engrossed,1524,1614
125.02
(14) "Person" means a natural person, sole proprietorship, partnership,
15limited liability company, corporation or association
or the owner of a single-owner
16entity that is disregarded as a separate entity under ch. 71.
AB100-engrossed,1524,23
18125.039 Civil liability exemption for retaining proofs of age. No person
19who holds a license or permit and no employe of such a person is civilly liable for
20retaining a document presented as proof of age for a reasonable length of time in a
21good faith effort to determine whether the person who presented the document is an
22underage person or to notify a law enforcement authority of a suspected violation of
23s. 125.085 (3) (a) or (b).