AB100: Bill Text

AB100,1205,8 (c) 1. If a pupil's parent notifies the school board of a nonresident school district that the pupil intends to attend school in that school district in the following school year under par. (a), the pupil shall attend that school district in the following school year and may continue to attend that school district in succeeding school years without reapplying. If at any time the pupil wishes to reattend school in his or her school district of residence, the pupil's parent shall notify the school boards of the school districts of residence and of attendance by February 1 preceding the school year in which the pupil will begin reattending the school district of residence. If at any time the pupil wishes to attend school in a school district other than the school district that he or she is currently attending or his or her school district of residence, the pupil's parent shall follow the application procedure under par. (a).

AB100,1205,11 2. Notwithstanding subd. 1., a pupil attending school outside his or her school district of residence under this section may reattend school in his or her school district of residence at any time if the school boards of both school districts agree.

AB100,1205,15 (2) Acceptance criteria. (a) By December 1, 1997, each school board shall adopt a resolution specifying criteria for accepting and rejecting applications. If the school board wishes to revise the criteria, it shall do so by resolution. The criteria may include any of the following:

AB100,1205,24 1. The availability of space in the school, program, class or grade, including any class-size limits, pupil-teacher ratios or enrollment projections established by the school board. The criteria may specify that the school board will reject applications under this subdivision if accepting them would require the school board to hire additional personnel, construct a new school or classroom or convert or reopen a building or portion of a building not currently used for instructional purposes to accommodate the additional pupils. The school board may give preference in attendance at a school, program, class or grade to residents of the school district who live outside the school's attendance area.

AB100,1206,2 2. Whether the pupil is involved in a disciplinary proceeding, as determined by the school board of the school district to which the pupil has applied.

AB100,1206,4 3. Whether during the current or 2 preceding school years, the pupil has been suspended or expelled from school for any of the following:

AB100,1206,7 a. Knowingly conveying or causing to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives.

AB100,1206,9 b. Engaging in conduct while at school or while under the supervision of a school authority that endangered the property, health or safety of others.

AB100,1206,13 c. Engaging in conduct while not at school or while not under the supervision of a school authority that endangered the property, health or safety of others at school or under the supervision of a school authority or of any employe or school board member of the school district in which the pupil is enrolled.

AB100,1206,15 d. Possessing a firearm, as defined in 18 USC 921 (a) 3, while at school or while under the supervision of a school authority.

AB100,1206,19 (am) The criteria may not include academic achievement, athletic or other special ability, English language proficiency, the presence of a physical, mental, emotional or learning disability or anything else not specified in par. (a) 1. to 4., except as provided under par. (b).

AB100,1206,21 (b) A school board shall give preference in accepting applications to pupils and to siblings of pupils who are already attending public school in the school district.

AB100,1206,24 (c) 1. A school board may prohibit a resident pupil from attending school in another school district under this section if the school board determines that the pupil is involved in a disciplinary proceeding.

AB100,1207,3 2. A school board shall prohibit a resident pupil from attending school in another school district under this section if allowing such attendance would violate a voluntary or court-ordered plan to reduce racial imbalance in the school district.

AB100,1207,16 3. In the 1998-99 school year, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts under this section to 3% of its membership. In each of the 7 succeeding school years, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts an additional 1% of its membership. If more than the maximum allowable number of resident pupils apply to attend public school in other school districts in any school year under this section, the school board of the school district of residence shall determine which pupils will be allowed to attend public school in other school districts on a random basis, except that the school board shall give preference to pupils who are already attending public school in the school district to which they are applying and to siblings of such pupils. The school board shall notify the applicants of its determination by April 1.

AB100,1207,20 (3) Appeal of rejection. If an application is rejected under sub. (1) (a) or a pupil is prohibited from attending school in another school district under sub. (2) (c), the pupil's parent may appeal the decision to the department within 30 days after the decision.

AB100,1207,24 (4) Rights and privileges of nonresident pupils. A pupil attending a public school outside his or her school district of residence under this section has all of the rights and privileges of resident pupils and is subject to the same rules and regulations as resident pupils.

AB100,1208,3 (6) Transportation. The parent of a pupil attending a public school outside the pupil's school district of residence under this section is responsible for transporting the pupil to and from school.

AB100,1208,9 (7) Tuition. (a) Except as provided under par. (b) and s. 118.54 (2), the school board of the school district of residence shall pay to the school board of the school district of attendance, for each pupil attending a public school outside his or her school district of residence under this section, tuition calculated under s. 121.83 for either the school district of residence or the school district of attendance, whichever is lower, or an amount agreed to by the school boards of the 2 school districts.

AB100,1208,16 (b) Except as provided under s. 118.54 (2), the school board of the school district of residence shall pay to the school board of the school district of attendance, for each child enrolled in a program for children with exceptional educational needs, as defined in s. 115.76 (3), who is attending a public school outside his or her school district of residence under this section, tuition calculated under s. 121.83 for the school district of attendance for children enrolled in such programs, or an amount agreed to by the school boards of the 2 school districts.

AB100,1209,2 (c) The amount to be paid under pars. (a) and (b) and a payment schedule shall be specified in a written agreement. If the school boards cannot agree on the costs or other factors used to determine the amount of tuition under s. 121.83 and do not agree to an alternative amount, the department shall calculate the tuition under s. 121.83 as provided in par. (a) or (b), whichever is appropriate. If the school boards cannot agree on a payment schedule, payment shall be made in 4 instalments. The first 3 instalments shall be based on estimated costs and paid on the last day of September, December and March in the school year in which the costs are incurred. The 4th instalment, adjusted for actual costs, shall be paid when the actual costs are known.

AB100,1209,4 (8) Information. Each school board shall provide information about its schools and programs in the format and manner prescribed by the department.

AB100,1209,9 118.52 Interdistrict enrollment options. (1) Applicability. Beginning in the 1998-99 school year, a pupil enrolled in a public school in the high school grades may attend a public school outside his or her school district of residence under this section for the purpose of taking 1 or 2 courses offered by the other school district, if all of the following apply:

AB100,1209,11 (a) The school board of the other school district determines that there is space available in the course or courses.

AB100,1209,14 (b) The school board of the school district of residence determines that the course or courses satisfy high school graduation requirements under s. 118.33 in that school district.

AB100,1209,16 (c) The pupil meets all of the prerequisites for the course or courses that apply to pupils who reside in the other school district.

AB100,1210,4 (2) Application procedures. (a) The pupil's parent shall submit an application, on a form provided by the department, to the school board of the school district in which the pupil wishes to attend courses by February 1 of the school year immediately preceding the school year in which he or she wishes to attend the courses, and shall send a copy of the application to the school board of the school district of residence. The application shall specify the course or courses that the pupil wishes to attend. By April 1 following receipt of the application, the school board shall notify the applicant, in writing, whether the application has been accepted. The acceptance applies only for the following school year. If the school board rejects an application, it shall include in the notice the reason for the rejection. By May 1 following receipt of a notice of acceptance, the pupil's parent shall notify the school board of the pupil's intent to attend a course or courses in that school district in the following school year.

AB100,1210,8 (am) A school board may not act on any application received under par. (a) until after February 1. If a school board receives more applications for a particular course than there are spaces available in the course, the school board shall determine which pupils to accept on a random basis.

AB100,1210,12 (b) Annually by May 15, each school board of a school district that has accepted nonresident pupils under this section shall notify the school board of the school district of residence of the names of the pupils from the latter school district who will be attending courses in the former school district in the following school year.

AB100,1210,17 (c) If a pupil's parent notifies the school board of a nonresident school district that the pupil intends to attend courses in that school district in the following school year under par. (a), the pupil shall attend those courses in that school district in the following school year, except that he or she may cease attending the courses at any time during that school year if the school boards of both school districts agree.

AB100,1210,21 (3) Acceptance criteria. (a) By December 1, 1997, each school board shall adopt a resolution specifying criteria for accepting and rejecting applications. If the school board wishes to revise the criteria, it shall do so by resolution. The criteria may include any of the following:

AB100,1211,3 1. The availability of space in the course. The criteria may specify that the school board will reject applications under this subdivision if accepting them would require the school board to hire additional personnel, construct a new school or classroom or convert or reopen a building or portion of a building not currently used for instructional purposes to accommodate the additional pupils. The school board may give preference in attendance in a course to residents of the school district who live outside the school's attendance area.

AB100,1211,5 2. Whether the pupil is involved in a disciplinary proceeding, as determined by the school board of the school district to which the pupil has applied.

AB100,1211,7 3. Whether during the current or 2 preceding school years, the pupil has been suspended or expelled from school for any of the following:

AB100,1211,10 a. Knowingly conveying or causing to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives.

AB100,1211,12 b. Engaging in conduct while at school or while under the supervision of a school authority that endangered the property, health or safety of others.

AB100,1211,16 c. Engaging in conduct while not at school or while not under the supervision of a school authority that endangered the property, health or safety of others at school or under the supervision of a school authority or of any employe or school board member of the school district in which the pupil is enrolled.

AB100,1211,18 d. Possessing a firearm, as defined in 18 USC 921 (a) 3, while at school or while under the supervision of a school authority.

AB100,1211,22 (am) The criteria may not include academic achievement, athletic or other special ability, English language proficiency, the presence of a physical, mental, emotional or learning disability or anything else not specified in par. (a) 1. to 3., except as provided under par. (b).

AB100,1211,24 (b) A school board shall give preference in accepting applications to pupils and to siblings of pupils who are already attending courses in the school district.

AB100,1212,3 (c) 1. A school board may prohibit a resident pupil from attending courses in another school district under this section if the school board determines that the pupil is involved in a disciplinary proceeding.

AB100,1212,6 2. A school board shall prohibit a resident pupil from attending courses in another school district under this section if allowing such attendance would violate a voluntary or court-ordered plan to reduce racial imbalance in the school district.

AB100,1212,11 (4) Appeal of rejection. If an application is rejected under sub. (2) (a) or a pupil is prohibited from attending courses in another school district under sub. (3) (c), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB100,1212,15 (5) Rights and privileges of nonresident pupils. A pupil attending courses in a public school outside his or her school district of residence under this section has all of the rights and privileges of resident pupils and is subject to the same rules and regulations as resident pupils.

AB100,1212,18 (6) Transportation. The parent of a pupil attending courses in a public school outside the pupil's school district of residence under this section is responsible for transporting the pupil to and from the courses that the pupil is attending.

AB100,1213,2 (7) Tuition. The school board of the school district of residence shall pay to the school board of the other school district for each pupil attending one or more courses at a public school outside his or her school district of residence under this section an amount equal to the cost of providing the course or courses to the pupil, calculated as determined by the department. Unless the 2 school boards agree to a different schedule, tuition payments shall be made in 4 instalments. The first 3 instalments shall be based on estimated costs and paid on the last day of September, December and March in the school year in which the costs are incurred. The 4th instalment, adjusted for actual costs, shall be paid when the actual costs are known.

AB100,1213,7 118.54 School districts participating in a special transfer program. (1) If the school board of a school district participating in a program under s. 121.85 or 121.86 determines that the application deadlines under s. 118.51 or 118.52 conflict with procedures necessary to implement the program under s. 121.85 or 121.86, the school board may modify the deadlines under ss. 118.51 and 118.52.

AB100,1213,12 (2) If a pupil who attends school outside his or her school district of residence under s. 118.51 is also eligible to transfer between the 2 school districts under s. 121.85, the school board of the school district of residence shall not pay tuition under s. 118.51 (7) (a) or (b) and the pupil shall be treated as an interdistrict transfer under s. 121.85 (6) (b) for purposes of payment.

AB100,1213,18 (3) If a school district receives one or more minority group pupils as interdistrict transfers under s. 121.85 (2) (a) 1., the school board shall reject the application of a nonminority group pupil under s. 118.51 unless the school board has accepted all minority group pupils who have requested to be transferred under s. 121.85 (2) (a) 1. for the grade for which the nonminority group pupil has applied. In this subsection, "minority group pupil" has the meaning given in s. 121.845 (2).

AB100,1213,19 118.56 Department duties. The department shall do all of the following:

AB100,1213,20 (1) Promulgate rules to implement and administer this subchapter.

AB100,1213,24 (2) Annually submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3). The report shall specify the number of pupils attending a school outside the pupil's school district of residence under s. 118.51 by school, grade, ethnicity and gender.

AB100, s. 2844 Section 2844. 118.55 (7r) of the statutes is created to read:

AB100,1214,4 118.55 (7r) Attendance at technical college. (a) Upon the pupil's request and with the written approval of the pupil's parent or guardian, any public school pupil who satisfies the following criteria may apply to attend a technical college for the purpose of taking one or more courses:

AB100,1214,5 1. The pupil has completed the 10th grade.

AB100,1214,6 2. The pupil is in good academic standing.

AB100,1214,9 3. The pupil notifies the school board of his or her intent to attend a technical college under this subsection at least 90 days before the start of the technical college semester.

AB100,1214,10 4. The pupil is not a child at risk, as defined in s. 118.153 (1) (a).

AB100,1214,14 (b) The technical college district board shall admit the pupil if he or she meets the admission requirements of the program for which he or she applied, except that the district board may reject an application from a pupil who has a record of disciplinary problems, as determined by the district board.

AB100,1214,25 (c) If a child attends a technical college under this subsection, the technical college shall ensure that the child's educational program meets the high school graduation requirements under s. 118.33. Before the beginning of the semester in which the pupil will be enrolled, the school board of the school district in which the pupil resides shall notify the pupil, in writing, if a course in which the pupil will be enrolled does not meet the high school graduation requirements. If the pupil disagrees with the school board's decision, the pupil may appeal the school board's decision to the state superintendent within 30 days after the decision. The state superintendent's decision is final and is not subject to review under subch. III of ch. 227. The pupil is eligible to receive both high school and technical college credit for courses successfully completed at the technical college.

AB100,1215,3 (d) For each pupil attending a technical college under this subsection, the school board shall pay to the technical college district board, in 2 instalments payable upon initial enrollment and at the end of the semester, the following amount:

AB100,1215,6 1. If the pupil is attending the technical college for less than 7 credits, an amount equal to the cost of tuition, course fees and books for the pupil at the technical college.

AB100,1215,13 2. If the pupil is attending the technical college for 7 credits or more, an amount equal to the school district's average per pupil cost for regular instruction and instructional support services in the previous school year, as determined by the department, multiplied by a fraction the numerator of which is the number of credits for which the pupil is enrolled and the denominator of which is 15. Annually by the 3rd Monday in February, the department shall make available to school boards and technical college district boards estimates of the amounts under this subdivision.

AB100,1215,16 (e) The school board is not responsible for transporting a pupil attending a technical college under this subsection to or from the technical college that the pupil is attending.

AB100, s. 2845 Section 2845. 118.55 (7w) of the statutes is created to read:

AB100,1215,20 118.55 (7w) Responsibility of pupil for tuition and fees. A pupil taking a course at a technical college or at an institution of higher education under this section is not responsible for any portion of the tuition and fees for the course.

AB100, s. 2846 Section 2846. 119.04 (title) of the statutes is amended to read:

AB100,1215,22 119.04 (title) Education Public instruction laws applicable.

AB100, s. 2847 Section 2847. 119.04 (1) of the statutes is amended to read:

AB100,1216,6 119.04 (1) Subchapters IV, V and VII of ch. 115, subch. II of ch. 118, ch. 121 and ss. 46.72, 46.73, 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 120.12 (5) and (15) to (24) (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.

AB100, s. 2848 Section 2848. 119.24 of the statutes is amended to read:

AB100,1216,12 119.24 Admission of pupils. Each Subject to s. 118.51 (1) (c), each school under the jurisdiction of the board shall be open to pupils residing within the attendance district established for that school under s. 119.16 (2). A pupil residing in any such attendance district may attend a school in another attendance district with the written permission of the superintendent of schools.

AB100, s. 2849 Section 2849. 119.28 (5) of the statutes is amended to read:

AB100,1216,16 119.28 (5) Any action under subs. (3) and (4) shall be subject to the direction of the department state superintendent and the division for learning support, equity and advocacy in the department as provided by law.

AB100, s. 2850 Section 2850. 119.48 (4) (b) of the statutes is amended to read:

AB100,1216,21 119.48 (4) (b) The communication shall state the purposes for which the funds from the increase in the levy rate will be used and shall request the common council to submit to the voters of the city the question of exceeding the levy rate specified in s. 65.07 (1) (f) at the September election or a special election.

AB100, s. 2851 Section 2851. 119.48 (4) (c) of the statutes is amended to read:

AB100,1217,11 119.48 (4) (c) Upon receipt of the communication, the common council shall cause the question of exceeding the levy rate specified under s. 65.07 (1) (f) to be submitted to the voters of the city at the September election or at a special election next regularly scheduled spring election or general election that occurs not sooner than 45 days after receipt of the communication or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not sooner than 45 days after receipt of the communication. The question of exceeding the levy rate specified under s. 65.07 (1) (f) shall be submitted upon a separate ballot or in some other manner so that the vote upon exceeding the levy rate specified in s. 65.07 (1) (f) is taken separately from any other question submitted to the voters. If a majority of the electors voting on the question favors exceeding the levy rate specified under s. 65.07 (1) (f), the common council shall approve the increase in the levy rate and shall levy and collect a tax equal to the amount of money approved by the electors.

AB100, s. 2852 Section 2852. 119.49 (1) (b) of the statutes is amended to read:

AB100,1217,17 119.49 (1) (b) The communication shall state the amount of funds needed under par. (a) and the purposes for which the funds will be used and shall request the common council to submit to the voters of the city at the next election held in the city the question of issuing school bonds in the amount and for the purposes stated in the communication.

AB100, s. 2853 Section 2853. 119.49 (2) of the statutes is amended to read:

AB100,1218,6 119.49 (2) Upon receipt of the communication, the common council shall cause the question of issuing such school bonds in the stated amount and for the stated school purposes to be submitted to the voters of the city at the next election held in the city regularly scheduled spring election or general election that occurs not sooner than 45 days after receipt of the communication or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not sooner than 45 days after receipt of the communication. The question of issuing such school bonds shall be submitted upon a separate ballot or in some other manner so that the vote upon issuing such school bonds is taken separately from any other question submitted to the voters. If a majority of the electors voting on the school bond question favors issuing such school bonds, the common council shall cause the school bonds to be issued immediately or within the period permitted by law, in the amount requested by the board and in the manner other bonds are issued.

AB100, s. 2854 Section 2854. 119.68 (2) of the statutes is amended to read:

AB100,1218,10 119.68 (2) No action may be brought or maintained against the school upon a claim or cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37 or , 19.97 or 281.99.

AB100, s. 2855 Section 2855. 120.12 (14) of the statutes is amended to read:

AB100,1218,13 120.12 (14) Course of study. Determine the school course of study, with the advice of the department.

AB100, s. 2856 Section 2856. 120.12 (17) of the statutes is amended to read:

AB100,1218,19 120.12 (17) University of Wisconsin system tuition. Pay the tuition of any pupil enrolled in the school district and attending a center or institution within the university of Wisconsin system if the pupil is not participating in the program under s. 118.37 118.55, the course the pupil is attending at the university is not offered in the school district and the pupil will receive high school credit for the course.