AB100: Bill Text

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:

AB100,1183,5 115.996 (title) Report to the legislature. Annually, on or before December 31 In its biennial report under s. 15.04 (1) (d), the department shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), include information on the status of bilingual-bicultural education programs established under this subchapter. The report shall include the number of pupils served in bilingual-bicultural education programs for each language group in each school district in which such programs are offered and the cost of the program per pupil for each school district, language group and program type. The department shall also provide the number of pupils in each school district and language group who as a result of participation in a bilingual-bicultural education program improved their English language ability to such an extent that the program is no longer necessary for such pupils.

AB100, s. 2771 Section 2771. 116.02 (1) (c) of the statutes is amended to read:

AB100,1183,12 116.02 (1) (c) The department shall cause to There shall convene annually on the day that the board of control holds its annual organizational meeting under par. (a) a convention composed of the representative from each school board in the agency. There shall be no more than one representative from each union high school district. The convention may direct the board of control to determine a different date for the annual organizational meeting.

AB100, s. 2772 Section 2772. 116.03 (10) of the statutes is repealed and recreated to read:

AB100,1183,18 116.03 (10) Authorize the expenditure of money for the purposes set forth in this chapter and for the actual and necessary expenses of the board of control and agency administrator and for the acquisition of equipment, space and personnel. All accounts of the agency shall be paid by check, share draft or other draft signed by the chairperson and secretary to the board of control.

AB100, s. 2773 Section 2773. 116.03 (11) of the statutes is amended to read:

AB100,1183,24 116.03 (11) Establish the salaries of the agency administrator and other professional and nonprofessional employes. State reimbursement for the cost of the salary of the agency administrator shall be equal to the actual salary paid or the maximum of the salary range for public instruction supervisors in the department under the state superintendent, whichever is less.

AB100, s. 2774 Section 2774. 116.03 (12m) of the statutes is repealed.

AB100, s. 2775 Section 2775. 116.03 (13) of the statutes is repealed.

AB100, s. 2776 Section 2776. 117.03 (2) of the statutes is amended to read:

AB100,1184,4 117.03 (2) "Appeal panel" means a panel appointed by the secretary state superintendent under s. 117.05 (1).

AB100, s. 2777 Section 2777. 117.05 (1) of the statutes is amended to read:

AB100,1184,10 117.05 (1) Appeal panels. The secretary state superintendent shall appoint 3 members of the board to hear appeals filed under ss. 117.12 (4) and 117.13 (3). No 2 members of the appeal panel may be board members from any of the following kinds of school districts: those with small enrollments, those with medium enrollments or those with large enrollments.

AB100, s. 2778 Section 2778. 117.05 (1m) of the statutes is amended to read:

AB100,1184,15 117.05 (1m) Board and appeal panel meetings. The secretary state superintendent shall set the time and place for meetings of the board under ss. 117.10, 117.12 (5) and 117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.

AB100, s. 2779 Section 2779. 117.05 (2) (a) of the statutes is amended to read:

AB100,1184,24 117.05 (2) (a) Board. The secretary state superintendent shall appoint 7 members of the board to perform any review under ss. 117.10, 117.12 (5) and 117.132. The 7 members shall include the secretary state superintendent or his or her designee on the board, 2 board members from school districts with small enrollments, 2 board members from school districts with medium enrollments and 2 board members from school districts with large enrollments. Any action of the board under this chapter requires the affirmative vote of at least 4 of the 7 members appointed under this paragraph.

AB100, s. 2780 Section 2780. 117.05 (10) of the statutes is amended to read:

AB100,1185,5 117.05 (10) (title) Secretary State superintendent to advise. The secretary state superintendent shall advise and consult with school boards regarding school district organization and reorganization. If, in the secretary's state superintendent's opinion, one or more school districts should be altered, consolidated or dissolved, he or she may make recommendations to the school boards.

AB100, s. 2781 Section 2781. Subchapter I (title) of chapter 118 [precedes 118.001] of the statutes is created to read:

AB100,1185,8 Chapter 118

AB100,1185,10 Subchapter I General school operations

AB100, s. 2782 Section 2782. 118.01 (1) of the statutes is amended to read:

AB100,1185,22 118.01 (1) Purpose. Public education is a fundamental responsibility of the state. The constitution vests in the state superintendent the supervision of public instruction and directs the legislature to provide for the establishment of district schools. The effective operation of the public schools is dependent upon a common understanding of what public schools should be and do. Establishing such goals and expectations is a necessary and proper complement to the state's financial contribution to education. Each school board should provide curriculum, course requirements and instruction consistent with the goals and expectations established under sub. (2). Parents and guardians of pupils enrolled in the school district share with the state and school board the responsibility for pupils meeting the goals and expectations under sub. (2).

AB100, s. 2783 Section 2783. 118.125 (2) (intro.) of the statutes is amended to read:

AB100,1186,2 118.125 (2) Confidentiality. (intro.) All pupil records maintained by a public school shall be confidential, except as provided in pars. (a) to (m) (n) and sub. (2m). The school board shall adopt regulations to maintain the confidentiality of such records.

AB100, s. 2784 Section 2784. 118.125 (2) (n) of the statutes is created to read:

AB100,1186,7 118.125 (2) (n) Subject to the requirements of 34 CFR 99.34 (a), a school board shall provide to the school board of a school district to which a pupil has applied under s. 118.51 or 118.52, upon request by that school board, a copy of any pupil record relating to the pupil's suspension or expulsion from school.

AB100, s. 2785 Section 2785. 118.125 (4) of the statutes is amended to read:

AB100,1186,20 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district, or attend the other school district under s. 118.51, or written notice from the other school or school district that the pupil has enrolled, or is attending under s. 118.51, or from a court that the pupil has been placed in a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any state juvenile correctional facility or secured child caring institution which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB100, s. 2786 Section 2786. 118.14 (1) (intro.) of the statutes is amended to read:

AB100,1186,22 118.14 (1) (intro.) Except as provided in s. 115.28 (8) 120.12 (25):

AB100, s. 2787 Section 2787. 118.145 (1) of the statutes is amended to read:

AB100,1187,3 118.145 (1) The school board of a school district operating high school grades shall determine, with the advice and consent of the department, the minimum standards for admission to high school.

AB100, s. 2788 Section 2788. 118.15 (2) (c) of the statutes is amended to read:

AB100,1187,9 118.15 (2) (c) Pupils attending a technical college under this subsection may receive general education subjects at the technical college and shall be counted as pupils enrolled in the high school for all purposes including computing state aid for the school district. Payments by the school district under par. (a) shall be deemed costs of operation and maintenance.

AB100, s. 2789 Section 2789. 118.165 (2) of the statutes is amended to read:

AB100,1187,14 118.165 (2) An institution may request the department state superintendent to approve the institution's educational program as a private school. The department state superintendent shall base its his or her approval solely on the criteria under sub. (1).

AB100, s. 2790 Section 2790. 118.167 of the statutes is amended to read:

AB100,1187,25 118.167 (title) Private school determination by department state superintendent. If an association that regulates or accredits private educational institutions in this state submits an affidavit to the department state superintendent attesting that the institution meets or exceeds all of the criteria under s. 118.165 and the department state superintendent finds that the institution does meet or exceed all of the criteria under s. 118.165, the department state superintendent shall determine that the institution is a private school. If at any time the department state superintendent finds that an institution determined to be a private school under this section no longer meets the criteria under s. 118.165, the department state superintendent may withdraw the determination.

AB100, s. 2791 Section 2791. 118.19 (1m) of the statutes is created to read:

AB100,1188,7 118.19 (1m) (a) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and except as provided in sub. (1r).

AB100,1188,11 (b) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date if the department of revenue certifies under s. 73.0301 that the applicant, licensee or permit holder is liable for delinquent taxes.

AB100, s. 2792 Section 2792. 118.19 (1r) of the statutes is created to read:

AB100,1188,18 118.19 (1r) (a) As provided in the memorandum of understanding under s. 49.857, the department may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department with his or her social security number. The department may not disclose the social security number except to the department of industry, labor and job development for the sole purpose of administering s. 49.22 and except as provided in sub. (1m).

AB100,1188,24 (b) As provided in the memorandum of understanding under s. 49.857, the department may not issue or renew a license or permit or revalidate a license that has no expiration date if the applicant, licensee or permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100, s. 2793 Section 2793. 118.19 (10) (f) of the statutes is amended to read:

AB100,1189,4 118.19 (10) (f) The department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such Except as provided in par. (g), such information is not subject to inspection or copying under s. 19.35.

AB100, s. 2794 Section 2794. 118.19 (10) (g) of the statutes is created to read:

AB100,1189,8 118.19 (10) (g) At the request of the department of industry, labor and job development under s. 49.22 (2m), the department shall release information obtained under this subsection to the department of industry, labor and job development.

AB100, s. 2795 Section 2795. 118.192 (5) of the statutes is repealed.

AB100, s. 2796 Section 2796. 118.20 (2) of the statutes is amended to read:

AB100,1189,16 118.20 (2) The department state superintendent or a person designated by the state superintendent may receive and investigate complaints charging discrimination in employment, assignment or reassignment of teachers or administrative personnel in the public schools and the department state superintendent or designee may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.

AB100, s. 2797 Section 2797. 118.20 (3) of the statutes is amended to read:

AB100,1190,4 118.20 (3) If the department state superintendent finds probable cause to believe that any discrimination prohibited by this section has been or is being practiced, the department state superintendent shall immediately endeavor to eliminate the practice by conference, conciliation or persuasion. In case of failure to eliminate the discrimination, the department state superintendent shall issue and serve a written notice of hearing, specifying the nature of the discrimination which appears to have been committed, and requiring the public school official, employe, teacher agency or placement bureau named, hereinafter called the "respondent" to answer the complaint at a hearing before the department state superintendent. The notice shall specify a time of hearing not less than 10 days after service of the complaint, and a place of hearing within the county in which the discrimination is alleged to have occurred.

AB100, s. 2798 Section 2798. 118.20 (4) of the statutes is amended to read:

AB100,1190,17 118.20 (4) After hearing, if the department state superintendent finds that the respondent has engaged in discrimination prohibited by this section the department state superintendent shall make written findings and recommend such action by the respondent as shall satisfy the purposes of this section and shall serve a certified copy of the findings and recommendations on the respondent together with an order requiring the respondent to comply with the recommendations. Any person aggrieved by noncompliance with the order shall be entitled to have the order enforced specifically by suit in equity. If the department state superintendent finds that the respondent has not engaged in the alleged discrimination, the department state superintendent shall serve a certified copy of the department's state superintendent's findings on the complainant together with an order dismissing the complaint.

AB100, s. 2799 Section 2799. 118.20 (5) of the statutes is amended to read:

AB100,1191,2 118.20 (5) If any public school official, employe, teachers agency or placement bureau violates sub. (1) or fails or refuses to obey any lawful order made by the department state superintendent pursuant to this section, such person shall forfeit and pay into the state treasury not less than $25 nor more than $50, or be imprisoned not less than 5 nor more than 30 days. Such violation or failure or refusal to obey an order shall be grounds for the removal of any school district administrator, member of a school board or other public school official. Findings and orders of the department state superintendent under this section shall be subject to judicial review under ch. 227.

AB100, s. 2800 Section 2800. 118.20 (6) of the statutes is amended to read:

AB100,1191,8 118.20 (6) Upon request of the department state superintendent, the attorney general or district attorney of the county in which any investigation, hearing or trial under this section is pending, shall aid and prosecute under supervision of the department state superintendent, all necessary actions or proceedings for the enforcement of this section and for the punishment of all violations thereof.