AB100: Bill Text

AB100, s. 2726 Section 2726. 115.345 (6) of the statutes is amended to read:

AB100,1173,2 115.345 (6) All meals served must meet the approval of the department which state superintendent who shall establish minimum nutritional standards not inconsistent with federal standards and reasonable expenditure limits such that the average cost per meal is not excessive. The department state superintendent shall give special consideration to dietary problems of elderly persons in formulating a nutritional plan. However, no school board shall be required to provide special foods for individual persons with allergies or medical disorders.

AB100, s. 2727 Section 2727. 115.345 (7) of the statutes is amended to read:

AB100,1173,7 115.345 (7) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the department. The department state superintendent may issue identification cards to such persons if necessary.

AB100, s. 2728 Section 2728. 115.345 (7m) of the statutes is amended to read:

AB100,1173,12 115.345 (7m) A private school may establish a food services plan for elderly persons. If the plan meets all of the requirements of this section and is approved by the department state superintendent, the private school is eligible for reimbursement in the same manner as school districts under sub. (5).

AB100, s. 2729 Section 2729. 115.345 (8) of the statutes is amended to read:

AB100,1173,15 115.345 (8) The department state superintendent shall adopt reasonable rules necessary to implement this section.

AB100, s. 2730 Section 2730. 115.35 (5) (c) of the statutes is amended to read:

AB100,1173,18 115.35 (5) (c) As to the department's state superintendent's recommendations to improve such programs and cooperation.

AB100, s. 2731 Section 2731. 115.36 of the statutes is renumbered 46.72, and 46.72 (3) (a) (intro.), as renumbered, is amended to read:

AB100,1173,24 46.72 (3) (a) (intro.) The department shall, from the appropriation under s. 20.255 (2) 20.435 (3) (g), fund school district projects designed to assist minors experiencing problems resulting from the use of alcohol or other drugs or to prevent alcohol or other drug abuse by minors. The department shall:

AB100, s. 2732 Section 2732. 115.361 (title) of the statutes is repealed.

AB100, s. 2733 Section 2733. 115.361 (2) of the statutes is renumbered 115.361, and 115.361 (1) (intro.), (2), (2m) and (3), as renumbered, are amended to read:

AB100,1174,3 115.361 (1) (intro.) In this subsection section:

AB100,1174,9 (2) A school board contracting under par. (am) sub. (1m) may apply to the department for a grant to help fund the costs of the program. The department shall review the applications and determine which of the applicants will receive grants. A grant shall fund 100% of the cost of the classroom materials for the program and 80% of the costs of the contract, except that no grant may exceed $50,000. Grants shall be awarded from the appropriation under s. 20.255 (2) (dm).

AB100,1174,13 (2m) Beginning January 1, 1991, law enforcement agencies shall use the sheriff's department of a county having a population of 500,000 or more, or a program that provides comparable training, to train law enforcement officers for the program under this subsection section.

AB100,1174,16 (3) The department shall promulgate rules to implement and administer this subsection section, including rules establishing criteria for selecting grant recipients under par. (b) sub. (2).

AB100, s. 2734 Section 2734. 115.361 (3) of the statutes is renumbered 46.73 (3), and 46.73 (3) (b), as renumbered, is amended to read:

AB100,1174,24 46.73 (3) (b) Beginning in the 1990-91 school year and annually thereafter, the The department annually may award grants of up to $50,000 to school districts with small and medium memberships and grants of up to $70,000 to school districts with large memberships. Grants shall be awarded from the appropriation under s. 20.255 (2) (dm) 20.435 (3) (em). In this paragraph, "membership" has the meaning given in s. 121.004 (5).

AB100, s. 2735 Section 2735. 115.361 (4) of the statutes is renumbered 46.73 (4), and 46.73 (4) (b), as renumbered, is amended to read:

AB100,1175,5 46.73 (4) (b) Grants under this subsection shall be awarded from the appropriation under s. 20.255 (2) (dm) 20.435 (3) (em). To the extent possible, the department shall ensure that grants are equally distributed on a statewide basis.

AB100, s. 2736 Section 2736. 115.361 (5) of the statutes is renumbered 46.73 (5), and 46.73 (5) (b) (intro.), as renumbered, is amended to read:

AB100,1175,12 46.73 (5) (b) (intro.) The department shall award grants under this subsection from the appropriation under s. 20.255 (2) (dm) 20.435 (3) (em). The amount of a grant may not exceed 80% of the cost of the program, including in-kind contributions. The department may award a grant to a school board under this subsection only if all of the following apply:

AB100, s. 2737 Section 2737. 115.361 (7) (title) of the statutes is repealed.

AB100, s. 2738 Section 2738. 115.361 (7) (a) (intro.) of the statutes is renumbered 46.73 (7) (intro.) and amended to read:

AB100,1175,18 46.73 (7) (title) Allocations. (intro.) Of the amount in the appropriation under s. 20.255 (2) (dm) 20.435 (3) (em), annually the department shall allocate the following amounts for the following programs:

AB100, s. 2739 Section 2739. 115.361 (7) (a) 2. of the statutes is repealed.

AB100, s. 2740 Section 2740. 115.361 (7) (a) 3., 4. and 5. of the statutes are renumbered 46.73 (7) (c), (d) and (e).

AB100, s. 2741 Section 2741. 115.361 (7) (b) and (c) of the statutes are repealed.

AB100, s. 2742 Section 2742. 115.362 (title) and (1) of the statutes are renumbered 46.73 (6) (title) and (a).

AB100, s. 2743 Section 2743. 115.362 (2) (a) of the statutes is renumbered 46.73 (6) (b), and 46.73 (6) (b) (intro.), as renumbered, is amended to read:

AB100,1176,4 46.73 (6) (b) (intro.) The department shall award grants from the appropriation under s. 20.255 (2) (fy) 20.435 (3) (em) to school districts for any of the following:

AB100, s. 2744 Section 2744. 115.362 (2) (b) of the statutes is repealed.

AB100, s. 2745 Section 2745. 115.362 (3) to (5) of the statutes are renumbered 46.73 (6) (c) to (e), and 46.73 (6) (c), (d) 1. and 2. e. and (e), as renumbered, are amended to read:

AB100,1176,11 46.73 (6) (c) Except for grants under sub. (2) (a) par. (b), no school district may receive more than one grant under this section subsection. Grants awarded under sub. (2) (a) par. (b) shall not be used to supplant or replace funds otherwise available for the program.

AB100,1176,16 (d) 1. Each school board receiving a grant under sub. (2) (a) par. (b) 2. shall ensure that its program meets standards established by the department by rule. The school board may establish the program individually or on a cooperative basis with one or more school districts, cooperative educational service agencies or county handicapped children's education boards.

AB100,1176,19 2. e. Release teachers from other duties in order to enable them to participate in training programs under subd. 1. 2. a. and s. 115.36 46.72 (2) (a) and in pupil assistance programs under subd. 2. b.

AB100,1176,23 (e) The department shall promulgate rules establishing criteria for the awarding of grants under sub. (2) (a) par. (b). The rules shall require that the department give priority in awarding grants to school districts in which no pupil assistance program is available.

AB100, s. 2746 Section 2746. 115.39 of the statutes is repealed.

AB100, s. 2747 Section 2747. 115.40 (4) (a) of the statutes is amended to read:

AB100,1177,3 115.40 (4) (a) The secretary state superintendent and the secretary of health and social services shall provide technical assistance to and consult with applicants regarding the preparation of their applications.

AB100, s. 2748 Section 2748. 115.40 (4) (b) of the statutes is amended to read:

AB100,1177,11 115.40 (4) (b) The secretary state superintendent and the secretary of health and social services shall review the applications and jointly determine the grant recipients and the amount of each grant. A grant may not be awarded to a school board, agency or organization unless the percentage of the participating school district's membership in the previous school year for whom aid to families with dependent children was being received under s. 49.19 was greater than 5%. In this paragraph, "membership" has the meaning given in s. 121.004 (5).

AB100, s. 2749 Section 2749. 115.40 (4) (c) (intro.) of the statutes is amended to read:

AB100,1177,15 115.40 (4) (c) (intro.) The secretary state superintendent and the secretary of health and social services shall give preference in awarding grants under this section to all of the following:

AB100, s. 2750 Section 2750. 115.45 (2) (b) of the statutes is amended to read:

AB100,1177,22 115.45 (2) (b) The council for Milwaukee public schools grant programs under s. 115.28 (20) shall review the applications submitted under par. (a) and make recommendations to the secretary state superintendent regarding the schools to be selected and amounts of the grants to be awarded. The council's recommendations shall be based upon and include information regarding the degree to which the proposed projects will effectively meet the requirements under sub. (4).

AB100, s. 2751 Section 2751. 115.45 (6) (b) of the statutes is amended to read:

AB100,1178,7 115.45 (6) (b) By March 1, 1986, and annually thereafter, submit to the joint committee on finance and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a budget report detailing the grants the department he or she intends to award under this section in the next fiscal year. The report shall provide summary data on the results of the annual testing required under sub. (4) (b) and include a description of the guidelines used to determine the individual schools and private service providers that will receive funds under this section and the types of expenditures eligible for such funds.

AB100, s. 2752 Section 2752. 115.47 of the statutes is amended to read:

AB100,1178,10 115.47 Designated state official under agreement. The "designated state official" for this state under s. 115.46 shall be the secretary state superintendent.

AB100, s. 2753 Section 2753. 115.48 of the statutes is repealed and recreated to read:

AB100,1178,15 115.48 Contracts under agreement. True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the department and in the office of the secretary of state. The department shall publish all such contracts in convenient form.

AB100, s. 2754 Section 2754. 115.745 of the statutes is repealed.

AB100, s. 2755 Section 2755. 115.77 (1) of the statutes is amended to read:

AB100,1178,19 115.77 (1) Appointment of administrator. The secretary state superintendent shall appoint the administrator.

AB100, s. 2756 Section 2756. 115.77 (2) (intro.) of the statutes is amended to read:

AB100,1178,22 115.77 (2) Duties of administrator. (intro.) Subject to the direction of the secretary state superintendent, the administrator:

AB100, s. 2757 Section 2757. 115.79 (1) (intro.) of the statutes is amended to read:

AB100,1178,25 115.79 (1) (intro.) The secretary state superintendent shall consult with the council on exceptional education concerning:

AB100, s. 2758 Section 2758. 115.79 (1) (d) of the statutes is amended to read:

AB100,1179,3 115.79 (1) (d) Any other matters upon which the secretary state superintendent wishes the council's opinion.

AB100, s. 2759 Section 2759. 115.80 (3) (bm) of the statutes is created to read:

AB100,1179,8 115.80 (3) (bm) If a child is attending a public school outside his or her school district of residence under s. 118.51, as part of its evaluation of the child the multidisciplinary team shall consult with appropriate personnel from the child's school district of attendance.

AB100, s. 2760 Section 2760. 115.80 (4) (am) of the statutes is created to read:

AB100,1179,13 115.80 (4) (am) If a child is attending a public school outside his or her school district of residence under s. 118.51, the staff appointed under par. (a) shall consult with appropriate personnel from the child's school district of attendance before developing an individualized education program for the child.

AB100, s. 2761 Section 2761. 115.80 (5) (a) of the statutes is amended to read:

AB100,1179,17 115.80 (5) (a) Each child who is receiving special education shall be reevaluated by a multidisciplinary team at least once every 3 years. Subsection (3) (bm) applies to reevaluations under this paragraph.

AB100, s. 2762 Section 2762. 115.85 (1) (e) of the statutes is created to read:

AB100,1179,23 115.85 (1) (e) Notwithstanding par. (a), if a child with exceptional educational needs is attending a public school outside his or her school district of residence under s. 118.51, the school board of the school district of attendance shall ensure that appropriate special education programs and related services are available to the child.

AB100, s. 2763 Section 2763. 115.85 (2) (a) of the statutes is amended to read:

AB100,1180,4 115.85 (2) (a) If the school district that the child attends, the county program in which the child resides school district participates or the cooperative educational service agency for the school district in which the child resides operates an appropriate special education program, the child shall be placed in such program.

AB100, s. 2764 Section 2764. 115.85 (2) (c) 2. (intro.) of the statutes is amended to read:

AB100,1180,9 115.85 (2) (c) 2. (intro.) The department state superintendent shall approve a placement in a public special education program located in another state if the department he or she determines that the program is appropriate to meet the child's exceptional educational needs and that:

AB100, s. 2765 Section 2765. 115.85 (2) (f) of the statutes is created to read:

AB100,1180,16 115.85 (2) (f) If a child with exceptional educational needs is attending a public school outside his or her school district of residence under s. 118.51, the school board of the school district of attendance shall provide an appropriate educational placement for the child under this subsection, and shall pay tuition charges instead of the school district of residence if any of the placement options under pars. (am) to (d) are utilized.

AB100, s. 2766 Section 2766. 115.85 (2m) of the statutes is amended to read:

AB100,1180,25 115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and family services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the department state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.48 (4) (17) (a) 3., 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

AB100, s. 2767 Section 2767. 115.85 (3) (a), (c) and (d) of the statutes are amended to read:

AB100,1181,8 115.85 (3) (a) The total number of children who reside in the school district and the total number of children who attend the school district under s. 118.51 who have been placed in special education programs under s. 115.85 (2), the exceptional educational needs of each such child and the school attended or special education received by each such child. The report shall also specify the number of children with exceptional educational needs who are known to the school district and who are under the age of 3 years and the exceptional educational needs of each such child.

AB100,1181,12 (c) A description of the special education programs in which children who reside in the school district or who attend the school district under s. 118.51 have been placed under sub. (2), the number of persons attending each pursuant to sub. (2) and the qualifications of the staff of each such special education program.

AB100,1181,16 (d) An evaluation, in terms of the goals identified under s. 115.78 (5), of the progress made by each special education program in which children who reside in the school district or who attend the school district under s. 118.51 are placed under sub. (2).

AB100, s. 2768 Section 2768. 115.89 of the statutes is amended to read:

AB100,1181,24 115.89 Noncomplying school district; remedies. (1) If, after a public hearing in the school district or as the result of a monitoring procedure or a complaint investigation, the department state superintendent finds that a school board has violated this subchapter or the rules promulgated under this subchapter, the department state superintendent may make recommendations to the school board to remedy the violation and may require the school board to submit a remedial plan incorporating such recommendations.

AB100,1182,6 (3) If, after consultation with the school board, the department state superintendent finds that the remedial plan has not incorporated the department's his or her recommendations, or that its implementation has been inadequate to ensure compliance with this subchapter and the rules promulgated under this subchapter, the department state superintendent shall request the attorney general to proceed against the school district for injunctive or other appropriate relief.

AB100, s. 2769 Section 2769. 115.93 (1) of the statutes is amended to read:

AB100,1182,17 115.93 (1) Except as provided under sub. (2), if upon receipt of the reports under s. 115.92 (2) the department state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the department state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to 63% of the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the department state superintendent. The department of administration shall pay such amounts to the school district from the appropriation under s. 20.255 (2) (b).

AB100, s. 2770 Section 2770. 115.996 of the statutes is amended to read: