AB100: Bill Text Engrossed

AB100-engrossed,1512,13 (am) Any person aggrieved by the failure of a school board to file a plan with the sheriff as provided in par. (a) may notify the school board in writing that an area of unusual hazard exists. The school board shall reply to the aggrieved person in writing within 30 days of receipt of the aggrieved person's notice. The school board shall send a copy of the board's reply to the sheriff of the county in which the principal office of the school district is located and to the department state superintendent. Upon receipt of the school board's reply, the aggrieved person may request a hearing before the department state superintendent for a determination as to whether an area of unusual hazard exists. If the department state superintendent determines that an area of unusual hazard exists, the department state superintendent shall direct the school board to proceed as provided in par. (a).

AB100-engrossed,1512,17 (b) Within 30 days after the sheriff's report is received by the department state superintendent, any aggrieved person may request a hearing before the department state superintendent on the determination by the sheriff and on the plan. After such hearing, the department state superintendent shall proceed as provided in par. (a).

AB100-engrossed,1512,21 (c) The department state superintendent and the department of transportation shall establish a definition of "unusual hazards" and "area of unusual hazards" for the implementation of this subsection. Such definition shall be promulgated, as a rule, by the department state superintendent.

AB100-engrossed, s. 2883m Section 2883m. 121.54 (10) of the statutes is created to read:

AB100-engrossed,1513,4 121.54 (10) Full-time open enrollment. Subject to s. 118.51 (14) (a) 2., a school board may elect to provide transportation, including transportation to and from summer classes, for nonresident pupils who are attending public school in the school district under s. 118.51, or its resident pupils who are attending public school in another school district under s. 118.51, or both, except that a school board may not provide transportation under this subsection for a nonresident pupil to or from a location within the boundaries of the school district in which the pupil resides.

AB100-engrossed, s. 2884 Section 2884. 121.56 of the statutes is amended to read:

AB100-engrossed,1513,15 121.56 School bus routes. The school board of each district shall make and be responsible for all necessary provisions for the transportation of pupils, including establishment, administration and scheduling of school bus routes. Upon the request of any school board, the department state superintendent shall provide advice and counsel on problems of school transportation. Any private school shall, upon the request of the public school officials, supply all necessary information and reports. The transportation of public and private school pupils shall be effectively coordinated to insure the safety and welfare of the pupils. Upon receipt of a signed order from the secretary state superintendent, the school board shall discontinue any route specified by the secretary state superintendent.

AB100-engrossed, s. 2884m Section 2884m. 121.57 (1) (b) of the statutes is amended to read:

AB100-engrossed,1513,21 121.57 (1) (b) This subsection also applies to handicapped children. The department state superintendent may grant permission for a handicapped child to be transported to a school in another school district if an acceptable form of transportation is provided and if such school offers equal or better educational opportunities for the child.

AB100-engrossed, s. 2885g Section 2885g. 121.58 (2) (a) of the statutes is amended to read:

AB100-engrossed,1514,18 121.58 (2) (a) A school district which provides transportation to and from a school under ss. 121.54 (1) to (3), (5) and (6) and 121.57, and the nonresident school district that a pupil attends under s. 118.51 which elects to provide transportation under s. 121.54 (10), shall be paid state aid for such transportation at the rate of $30 per school year per pupil so transported whose residence is at least 2 miles and not more than 5 miles from the school attended, $45 per school year per pupil so transported whose residence is at least 5 miles and not more than 8 miles from the school attended, $60 per school year per pupil so transported whose residence is at least 8 miles and not more than 12 miles from the school attended, $68 per school year per pupil so transported whose residence is at least 12 miles and not more than 15 miles from the school attended, $75 per school year per pupil so transported whose residence is at least 15 miles and not more than 18 miles from the school attended, and $85 per school year per pupil so transported whose residence is more than 18 miles from the school attended. Such state aid shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5) and, (6) and (10) and 121.57 or which wilfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

AB100-engrossed, s. 2885r Section 2885r. 121.58 (4) of the statutes is amended to read:

AB100-engrossed,1515,9 121.58 (4) State aid for summer class transportation. Annually on or before October 1 of the year in which transportation is provided under s. 121.54 (4), or under s. 121.54 (10) if the transportation is provided by the nonresident school district that a pupil attends under s. 118.51, the school district clerk shall file with the department a report, containing such information as the department requires, on transportation provided by the school board to and from summer classes. Upon receipt of such report and if the summer classes meet the requirements of s. 121.14 (1), state aid shall be paid for such transportation. A school district which provides such transportation shall be paid state aid for such transportation at the rate of $4 per pupil transported to and from public school whose residence is at least 2 miles and not more than 5 miles by the nearest traveled route from the public school attended, and $6 per pupil transported to and from public school whose residence is more than 5 miles by the nearest traveled route from the public school attended, if the pupil is transported 30 days or more. The state aid shall be reduced proportionately if the pupil is transported less than 30 days.

AB100-engrossed, s. 2888 Section 2888. 121.58 (5) of the statutes is amended to read:

AB100-engrossed,1515,17 121.58 (5) (title) Department State superintendent approval. If the department state superintendent is satisfied that transportation or board and lodging was provided in compliance with law, the department state superintendent shall certify to the department of administration the sum due the school district. In case of differences concerning the character and sufficiency of the transportation or board and lodging, the department state superintendent may determine such matter and its his or her decision is final.

AB100-engrossed, s. 2888m Section 2888m. 121.76 (2) (a) of the statutes is amended to read:

AB100-engrossed,1515,21 121.76 (2) (a) All tuition shall be calculated under s. 121.83 unless the department state superintendent approves an alternative procedure consistent with s. 121.75.

AB100-engrossed, s. 2888p Section 2888p. 121.77 (1) of the statutes is amended to read:

AB100-engrossed,1515,24 121.77 (1) (a) Every elementary school and high school shall be free to all pupils who reside in the school district.

AB100-engrossed,1516,6 (b) If facilities are adequate, a school board, board of control of a cooperative educational service agency or county handicapped children's education board may admit nonresident pupils who meet its entrance requirements. Nonresident pupils shall have all of the rights and privileges of resident pupils and shall be subject to the same rules and regulations as resident pupils. The agency of service shall charge tuition for each nonresident pupil.

AB100-engrossed, s. 2889m Section 2889m. 121.77 (2) (a) and (b) of the statutes are amended to read:

AB100-engrossed,1516,13 121.77 (2) (a) A tuition claim for each nonresident pupil or adult for whom services were provided under this subchapter during the preceding school year. The claim shall be filed with the school district clerk under s. 121.78, the department state superintendent under s. 121.79, the county clerk under s. 121.80, the pupil's parent or guardian under s. 121.81 or the adult under s. 121.82. Credit shall be given for prepayments.

AB100-engrossed,1516,15 (b) A certified copy of each tuition claim under par. (a) with the department state superintendent.

AB100-engrossed, s. 2889s Section 2889s. 121.77 (3) of the statutes is created to read:

AB100-engrossed,1516,18 121.77 (3) Subsections (1) (b) and (2) do not apply to a pupil attending a public school in a nonresident school district under s. 118.51.

AB100-engrossed, s. 2890c Section 2890c. 121.78 (1) (a) of the statutes is amended to read:

AB100-engrossed,1517,2 121.78 (1) (a) Upon the approval of the department state superintendent, the school board of the district of residence and the school board of the district of attendance may make a written agreement to permit an elementary or high school pupil to attend a public school, including an out-of-state school, outside the school district of residence, and the school district of residence shall pay the tuition. The school district of residence shall be paid state aid as though the pupil were enrolled in the school district of residence.

AB100-engrossed, s. 2891m Section 2891m. 121.84 (1) (a) of the statutes is amended to read:

AB100-engrossed,1517,7 121.84 (1) (a) A school board may shall permit a pupil who is enrolled in a school under its jurisdiction and is a resident of the school district at the beginning of the school year to complete the school year at the school without payment of tuition, even though the pupil is no longer a resident of the school district.

AB100-engrossed, s. 2894 Section 2894. 121.845 (3) of the statutes is repealed and recreated to read:

AB100-engrossed,1517,10 121.845 (3) "School" means an organized educational activity operated by the school board and approved by the department.

AB100-engrossed, s. 2894d Section 2894d. 121.85 (4) (b) of the statutes is amended to read:

AB100-engrossed,1517,14 121.85 (4) (b) Any school board that, prior to May 4, 1976, established a plan to reduce racial imbalance in the school district is eligible for state aid under sub. (6) (a) if the department state superintendent approves the plan.

AB100-engrossed, s. 2894h Section 2894h. 121.87 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1517,20 121.87 (1) (intro.) Any school district that receives aid under this subchapter in the 1989-90 school year or in any school year thereafter shall submit a report to the department state superintendent, on a form provided by the department state superintendent, by August 15 of the following school year. The report shall include all of the following for the school year in which the school district received aid:

AB100-engrossed, s. 2894p Section 2894p. 121.87 (1) (e) of the statutes is amended to read:

AB100-engrossed,1517,23 121.87 (1) (e) Any other information requested by the department state superintendent.

AB100-engrossed, s. 2894t Section 2894t. 121.87 (2) of the statutes is amended to read:

AB100-engrossed,1518,2 121.87 (2) The department state superintendent shall develop a standard method for reporting under sub. (1).

AB100-engrossed, s. 2895 Section 2895. 121.90 (1) of the statutes is amended to read:

AB100-engrossed,1518,8 121.90 (1) "Number of pupils enrolled" means the number of pupils enrolled on the 3rd Friday of September, except that "number of pupils" excludes the number of pupils attending private schools under s. 119.23, including pupils identified in s. 121.05 (1) (a) 1. to 11., except that "number of pupils enrolled" excludes the number of pupils attending public school under s. 118.145 (4).

AB100-engrossed, s. 2896 Section 2896. 121.905 (1) of the statutes is amended to read:

AB100-engrossed,1518,12 121.905 (1) In this section, "revenue ceiling" means $5,300 $5,900 in the 1995-96 1997-98 school year and in any subsequent school year means $5,600 $6,100.

AB100-engrossed, s. 2897 Section 2897. 121.905 (3) (b) of the statutes is amended to read:

AB100-engrossed,1518,18 121.905 (3) (b) Divide the result in par. (a) by the sum of the average of the number of pupils enrolled in the 3 previous school years and the number of pupils enrolled who were school district residents and solely enrolled in a special education program provided by a county handicapped children's education board program in the previous school year.

AB100-engrossed, s. 2897m Section 2897m. 121.91 (2m) (c) (intro.) of the statutes is amended to read:

AB100-engrossed,1518,22 121.91 (2m) (c) (intro.) Except as provided in subs. (3) and, (4) and (6), no school district may increase its revenues for the 1997-98 school year to an amount that exceeds the amount calculated as follows:

AB100-engrossed, s. 2898 Section 2898. 121.91 (2m) (c) 1. of the statutes is amended to read:

AB100-engrossed,1519,4 121.91 (2m) (c) 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding funds described under sub. (4) (c), by the average of a number calculated by adding the number of pupils enrolled in the 3 previous school years, subtracting from that total the number of pupils attending private schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years, and dividing the remainder by 3.

AB100-engrossed, s. 2899 Section 2899. 121.91 (2m) (c) 4. of the statutes is amended to read:

AB100-engrossed,1519,10 121.91 (2m) (c) 4. Multiply the result under subd. 3. by the average of a number calculated by adding the number of pupils enrolled in the current and the 2 preceding school years, subtracting from that total the number of pupils attending private schools under s. 119.23 in the 3 previous school years, and dividing the remainder by 3.

AB100-engrossed, s. 2900 Section 2900. 121.91 (2m) (d) 1. of the statutes is amended to read:

AB100-engrossed,1519,18 121.91 (2m) (d) 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding funds described under sub. (4) (c), by the average of a number calculated by adding the number of pupils enrolled in the 3 previous school years, subtracting from that total the number of pupils attending charter schools under s. 118.40 (2r) and private schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years and dividing the remainder by 3.

AB100-engrossed, s. 2901 Section 2901. 121.91 (2m) (d) 4. of the statutes is amended to read:

AB100-engrossed,1519,24 121.91 (2m) (d) 4. Multiply the result under subd. 3. by the average of a number calculated by adding the number of pupils enrolled in the current and the 2 preceding school years, subtracting from that total the number of pupils attending charter schools under s. 118.40 (2r) and private schools under s. 119.23 in the 3 previous school years and dividing the remainder by 3.

AB100-engrossed, s. 2902b Section 2902b. 121.91 (3) (a) of the statutes is amended to read:

AB100-engrossed,1520,13 121.91 (3) (a) If a school board wishes to exceed the limit under sub. (1), (2) or (2m) otherwise applicable to the school district in any school year, it shall promptly adopt a resolution supporting inclusion in the final school district budget of an amount equal to the proposed excess revenue. The resolution shall specify whether the proposed excess revenue is for a recurring or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and nonrecurring purposes, the amount of the proposed excess revenue for each purpose. The school board shall call a special referendum in accordance with s. 8.065 for the purpose of submitting the resolution to the electors of the school district for approval or rejection. In lieu of a special referendum, the school board may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election, if such election is, to be held not earlier sooner than 35 days after the adoption of the resolution of the school board.

AB100-engrossed, s. 2902e Section 2902e. 121.91 (3) (c) of the statutes is amended to read:

AB100-engrossed,1521,2 121.91 (3) (c) The referendum shall be held in accordance with chs. 5 to 12. The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (1), (2) or (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The school district clerk shall promptly certify the results of the referendum to the department state superintendent. The limit otherwise applicable to the school district under sub. (1), (2) or (2m) is increased by the amount approved by a majority of those voting on the question.

AB100-engrossed, s. 2902m Section 2902m. 121.91 (4) (a) 1. and 2. of the statutes are amended to read:

AB100-engrossed,1521,8 121.91 (4) (a) 1. If a school board transfers to another governmental unit responsibility for providing any service that it provided in the preceding school year, the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year is decreased by the cost that it would have incurred to provide that service, as determined by the department state superintendent.

AB100-engrossed,1521,13 2. If a school board increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit in the previous school year, the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year is increased by the cost of that service, as determined by the department state superintendent.

AB100-engrossed, s. 2902p Section 2902p. 121.91 (4) (a) 3. of the statutes is repealed and recreated to read:

AB100-engrossed,1522,7 121.91 (4) (a) 3. Notwithstanding subd. 2., if a school board increases the services that it provides by adding responsibility for providing a service that is transferred to it from another governmental unit for a child with exceptional educational needs, as defined in s. 115.76 (3), or for a limited-English speaking pupil, as defined in s. 115.955 (7), the limit otherwise applicable under sub. (2m) in the current school year is increased by an amount equal to the estimated cost of providing the service less the estimated amount of aid that the school district will receive for the child or pupil in the following school year under s. 115.88 (1) to (6) and (8), 115.995 or 118.255, as determined by the state superintendent. A school board that transfers or receives responsibility for providing a service under this subdivision shall notify the state superintendent. A school board that transfers responsibility for providing a service under this subdivision shall provide the state superintendent with an estimate of the reduction in cost attributable to the transfer, even if that estimate is zero. The state superintendent shall notify the transferring school district when a receiving school district notifies the state superintendent that it has received responsibility for providing a service transferred to it under this subdivision.

AB100-engrossed, s. 2902s Section 2902s. 121.91 (4) (b) of the statutes is amended to read:

AB100-engrossed,1522,14 121.91 (4) (b) 1. If a school district increases its territory by a boundary change under s. 117.10, 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is increased by an amount equal to the cost of extending services to the attached territory in the school year to which the limit applies, as determined by the department state superintendent.

AB100-engrossed,1522,20 2. If a school district decreases its territory due to a boundary change under s. 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is decreased by an amount equal to the cost of services that it provided to the detached territory in the school year to which the limit applies, as determined by the department state superintendent.

AB100-engrossed, s. 2902v Section 2902v. 121.91 (4) (f) of the statutes is created to read:

AB100-engrossed,1523,2 121.91 (4) (f) 1. For the 1998-99 school year or any school year thereafter, if the average of the number of pupils enrolled in the current and the 2 preceding school years, as calculated under sub. (2m) (d) 4., is less than the average of the number of pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (d) 1., the limit otherwise applicable under sub. (2m) (d) is increased by the amount determined as follows:

AB100-engrossed,1523,5 a. In the current school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 25% of what it was.

AB100-engrossed,1523,8 b. In the first succeeding school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 50% of what it was.

AB100-engrossed,1523,11 c. In the 2nd succeeding school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 75% of what it was.

AB100-engrossed,1523,14 2. Any additional revenue received by a school district as a result of subd. 1. shall not be included in the base for determining the school district's limit under sub. (2m) (d) for the following school year.

AB100-engrossed, s. 2903 Section 2903. 121.91 (5) of the statutes is amended to read:

AB100-engrossed,1523,23 121.91 (5) (a) Upon request by a school board, the department state superintendent may increase the school district's limit under sub. (1) by the amount necessary to allow the school district to avoid increasing its level of short-term borrowing over the amount of short-term borrowing incurred by the school district in the 1992-93 school year if the school district presents clear and convincing evidence of the need for the increase in the limit. The school board shall provide the department state superintendent with any information that the department state superintendent requires to make the determination.

AB100-engrossed,1524,2 (b) The department state superintendent shall submit to the governor, and to the legislature under s. 13.172 (2), a report summarizing the requests made by school boards under par. (a) and the increases granted by the department state superintendent.

AB100-engrossed, s. 2903g Section 2903g. 121.91 (6) of the statutes is created to read:

AB100-engrossed,1524,9 121.91 (6) In determining a school district's limit under sub. (2m) (c) for the 1997-98 school year, if the average of the number of pupils enrolled in the current and the 2 preceding school years, as calculated under sub. (2m) (c) 4., is more than 2% less than the average of the number of pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (c) 1., the school district's limit shall be calculated as if the decrease had been 2%.

AB100-engrossed, s. 2903m Section 2903m. 121.92 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,1524,12 121.92 (2) (intro.) The department state superintendent shall do all of the following:

AB100-engrossed, s. 2903r Section 2903r. 125.02 (14) of the statutes is amended to read:

AB100-engrossed,1524,16 125.02 (14) "Person" means a natural person, sole proprietorship, partnership, limited liability company, corporation or association or the owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

AB100-engrossed, s. 2903rm Section 2903rm. 125.039 of the statutes is created to read:

AB100-engrossed,1524,23 125.039 Civil liability exemption for retaining proofs of age. No person who holds a license or permit and no employe of such a person is civilly liable for retaining a document presented as proof of age for a reasonable length of time in a good faith effort to determine whether the person who presented the document is an underage person or to notify a law enforcement authority of a suspected violation of s. 125.085 (3) (a) or (b).

AB100-engrossed, s. 2903t Section 2903t. 125.04 (5) (a) 1. of the statutes is amended to read:

AB100-engrossed,1525,2 125.04 (5) (a) 1. Do not have an arrest or conviction record, subject to ss. 111.321, 111.322 and, 111.335 and 125.12 (1) (b).

AB100-engrossed, s. 2904 Section 2904. 125.04 (5) (a) 5. of the statutes is amended to read:

AB100-engrossed,1525,12 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the department of education educational approval board. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class "A", "Class A" or "Class C" license or a Class "B" or "Class B" license or permit or a manager's or operator's license.

AB100-engrossed, s. 2904m Section 2904m. 125.04 (12) (a) of the statutes is amended to read: