LRB-0168/5
PG:kaf:arm
1997 - 1998 LEGISLATURE
November 24, 1997 - Introduced by Representatives Riley, Notestein, L. Young,
Bock and Cullen, cosponsored by Senators Burke and
George, by request of
Milwaukee Public Schools. Referred to Committee on Education.
AB625,2,2
1An Act to repeal 115.01 (10) (a) 1., 115.01 (10) (a) 2., 115.01 (10) (b), 119.18 (6)
2(a), 121.004 (7) (c) 1. a., 121.004 (7) (c) 2., 121.004 (7) (cm), 121.02 (1) (f) 1.,
3121.05 (3), 121.05 (4) and 121.14;
to renumber 118.14 (1) (a) and 121.02 (1) (f)
42.;
to renumber and amend 115.01 (10) (a) (intro.) and 121.006 (2) (a);
to
5consolidate, renumber and amend 119.18 (6) (intro.) and (b) and 121.004 (7)
6(c) 1. (intro.) and b.;
to amend 115.01 (2), 115.28 (18), 115.86 (10) (b), 117.03
7(3m), 117.11 (2), 117.12 (2), 117.12 (5) (a) 2., 117.13 (2), 118.04 (4), 119.04 (1),
8119.18 (7), 119.71 (1), 120.12 (15), 120.14 (1), 121.004 (5), 121.004 (7) (a), 121.05
9(1) (a) (intro.), 121.05 (1) (a) 8., 121.23 (2) (intro.), 121.58 (4), 121.85 (6) (f) and
10121.86 (3); and
to create 115.28 (39), 118.14 (1) (a), 120.12 (25), 121.004 (5m),
11121.004 (7) (e), 121.004 (7) (f), 121.004 (7) (g), 121.006 (2) (a) 2., 121.05 (1) (a)
111., 121.05 (1) (a) 12. and 121.05 (2m) of the statutes;
relating to: the
2calculation of pupil enrollment for school aid purposes.
Analysis by the Legislative Reference Bureau
Under current law, school is required to be held for at least 180 days during the
school term. In addition, each school board must schedule at least 437 hours of direct
pupil instruction in kindergarten, at least 1,050 hours of direct pupil instruction in
grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12.
This bill requires that school be held for these minimum required hours of instruction
and eliminates the requirement that school be held at least 180 days.
Under current law, the membership of a school district and the shared cost of
a school district (a school district's net cost of its general fund and debt service fund)
are used to calculate the amount of aid that a school district may receive under the
state aid formula. The membership is defined as the average of the number of pupils
enrolled on the 3rd Friday of September and the 2nd Friday of January of the
previous school year, including certain other pupils enrolled in special programs or
schools in the school district, plus the average daily membership equivalent of pupils
enrolled in summer school classes. This bill changes the definition of membership
to be the number of pupils enrolled in the school district during the previous school
year, including certain other pupils enrolled in special programs or schools in the
school district. A pupil is counted as the number obtained by dividing the total
number of hours of instruction in which the pupil is enrolled during the school term
by the minimum required hours of instruction, as described above. The bill also
directs that 3-year-old pupils be counted in membership on the same basis as
4-year-olds and 5-year-olds.
Under current law, a school board may establish rules scheduling the hours of
a normal school day and may differentiate between the various elementary and high
school grades in scheduling the school day. This bill authorizes the school board, in
scheduling the school day, to differentiate among schools, educational programs and
the various elementary and high school grades.
Finally, the bill directs each school board annually to report to the department
of public instruction (DPI) how the school district used any additional funds that it
received in the previous school year as a result of the enactment of this bill. DPI is
required to submit to the legislature by January 15, 2003, an evaluation of the
academic benefits that have accrued to pupils as a result of the enactment of this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB625, s. 1
3Section
1. 115.01 (2) of the statutes is amended to read:
AB625,3,11
1115.01
(2) Grades. The educational work of the public schools is divided into
212 grades, besides kindergarten, which are numbered from one to 12 beginning with
3the lowest. The first 8 grades are the elementary grades. Where reference is made
4to "elementary grades", the reference includes kindergarten, where applicable.
5Where reference is made to "kindergarten", the reference includes
both 3-year-old, 64-year-old and 5-year-old kindergarten, except as otherwise specifically provided.
7The last 4 grades are the high school grades. A middle school is a school in which
8grades 5 to 8 are taught. A junior high school is a school in which grades 7 to 9 are
9taught. A senior high school is a school in which grades 10 to 12 are taught. This
10classification is not a limitation of the character of work or the studies that may be
11carried on in either the elementary or the high schools.
AB625, s. 2
12Section
2. 115.01 (10) (a) (intro.) of the statutes is renumbered 115.01 (10) and
13amended to read:
AB625,3,1514
115.01
(10) School day. School days are days on which school is actually taught
15and the following days on which school is not taught:.
AB625, s. 3
16Section
3. 115.01 (10) (a) 1. of the statutes is repealed.
AB625, s. 4
17Section
4. 115.01 (10) (a) 2. of the statutes is repealed.
AB625, s. 5
18Section
5. 115.01 (10) (b) of the statutes is repealed.
AB625, s. 6
19Section
6. 115.28 (18) of the statutes is amended to read:
AB625,3,2220
115.28
(18) Pupil membership audits. Annually require
at least 25% of each 21school
boards board to audit the number of pupils reported for membership purposes
22under s. 120.14 (1).
AB625, s. 7
23Section
7. 115.28 (39) of the statutes is created to read:
AB625,4,424
115.28
(39) P
upil enrollment report. By January 15, 2003, submit a report
25to the appropriate standing committees of the legislature under s. 13.172 (3). The
1report shall evaluate the academic benefits that have accrued to pupils as a result
2of the enactment of 1997 Wisconsin Act .... (this act). The report shall also identify
3the modifications to the statutes that would be necessary to reverse the changes
4made by 1997 Wisconsin Act .... (this act).
AB625, s. 8
5Section
8. 115.86 (10) (b) of the statutes is amended to read:
AB625,4,86
115.86
(10) (b) The board may apply for and receive the state aid under
ss. s. 7121.135
and 121.14. This paragraph does not apply beginning on the effective date
8of a resolution adopted under sub. (9) (c).
AB625, s. 9
9Section
9. 117.03 (3m) of the statutes is amended to read:
AB625,4,1210
117.03
(3m) "Enrollment" means the number of pupils enrolled, as provided
11under s. 121.05 (1) (a), on the
most recent of the preceding 3rd Friday of September
12or 2nd Friday of January.
AB625, s. 10
13Section
10. 117.11 (2) of the statutes is amended to read:
AB625,5,514
117.11
(2) Initiation of procedures. A majority of the electors residing in
15territory proposed to be detached from one school district and attached to an
16adjoining school district, or owners of more than 50% of the territory proposed to be
17detached from one school district and attached to an adjoining school district, as
18measured by its assessed valuation divided by the assessment ratio of the taxation
19district, may file a written petition with the clerk of the school district in which the
20territory is located requesting the detachment of the territory from that school
21district and its attachment to an adjoining school district. The petition shall include
22a description of the territory sufficiently accurate to determine its location in the
23school district in which it is located, as certified by the clerk of each city, town or
24village within which all or part of the territory is located, and the number of pupils
25residing in that territory who, on the
most recent of the preceding 3rd Friday of
1September
or 2nd Friday of January, were enrolled in the school district from which
2the territory is proposed to be detached, as certified by the clerk of that school district.
3Upon receipt of the petition, the school district clerk shall send a certified notice of
4the petition to the school board of the school district to which the territory is proposed
5to be attached and to the secretary of the board.
AB625, s. 11
6Section
11. 117.12 (2) of the statutes is amended to read:
AB625,5,207
117.12
(2) Petition. A majority of the electors residing in the territory
8described under sub. (1) or owners of 50% or more of that territory may file a written
9petition with the clerk of the school district in which the territory is located
10requesting the detachment of the territory from that school district and its
11attachment to an adjoining school district. The petition shall include a description
12of the territory sufficiently accurate to determine its location in the school district in
13which it is located, as certified by the clerk of each city, town or village within which
14all or part of the territory is located, and the number of pupils residing in that
15territory who, on the
most recent of the preceding 3rd Friday of September
or 2nd
16Friday of January, were enrolled in the school district from which the territory is
17proposed to be detached, as certified by the clerk of that school district. Upon receipt
18of the petition, the school district clerk shall send a certified copy of the petition to
19the school board of the school district to which the territory is proposed to be attached
20and to the secretary of the board.
AB625, s. 12
21Section
12. 117.12 (5) (a) 2. of the statutes is amended to read:
AB625,6,222
117.12
(5) (a) 2. The total number of pupils residing in the territory proposed
23to be detached under the appeals who, on the
most recent of the preceding 3rd Friday
24of September
or 2nd Friday of January, were enrolled in the school district from
1which the territory is proposed to be detached is equal to or greater than 7% of that
2school district's enrollment.
AB625, s. 13
3Section
13. 117.13 (2) of the statutes is amended to read:
AB625,6,244
117.13
(2) School board action. The school boards of 2 adjoining school
5districts may order territory detached from one of the school districts and attached
6to the other school district by the adoption, by each of the school boards, of a
7resolution ordering the detachment and attachment. The resolution shall include a
8description of the territory sufficiently accurate to determine its location in the
9school district in which it is located, as certified by the clerk of each city, village or
10town within which all or any part of the territory is located, and the number of pupils
11residing in that territory who, on the
most recent of the preceding 3rd Friday of
12September
or 2nd Friday of January, were enrolled in the school district from which
13the territory is proposed to be detached, as certified by the clerk of that school district.
14Prior to adopting a resolution under this subsection, the school board of each affected
15school district shall give the electors residing in and the owners of the territory notice
16of the proposed reorganization and an opportunity to meet with the school board to
17present reasons for or against the proposed reorganization. The school district clerk
18of each school board that adopts a resolution under this subsection shall, within 5
19days after adopting the resolution, send a certified copy of the resolution to the school
20board of the other affected school district and file a certified copy of the resolution as
21provided under s. 117.17 (2). If the school board of each of the affected school districts
22adopts a resolution ordering the detachment and attachment, the reorganization
23shall take effect on the first July 1 after the March 1 following the adoption of the
24resolutions, unless an appeal is filed under sub. (3).
AB625, s. 14
25Section
14. 118.04 (4) of the statutes is amended to read:
AB625,7,7
1118.04
(4) Shall not charge tuition for attendance at summer classes of pupils
2who are residents of the school district if the school board
receives aid for such classes
3under s. 121.14 counts the pupils as enrolled under s. 121.004 (7) (f). The school
4board may establish and collect reasonable fees for social, recreational or
5extracurricular summer classes and programs which are
neither not credited toward
6graduation
nor aided under s. 121.14 if the pupils attending such classes are not
7counted as pupils enrolled under s. 121.004 (7) (f).
AB625, s. 15
8Section
15. 118.14 (1) (a) of the statutes is renumbered 118.15 (1) (am).
AB625, s. 16
9Section
16. 118.14 (1) (a) of the statutes is created to read:
AB625,7,1210
118.14
(1) (a) No child may be admitted to a 3-year-old kindergarten unless
11he or she is 3 years old on or before September 1 in the year that he or she proposes
12to enter school.
AB625, s. 17
13Section
17. 119.04 (1) of the statutes is amended to read:
AB625,7,2014
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c),
15115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
16(2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to
17118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1),
18(2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 120.12 (5) and
19(15) to
(24) (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and
20(35) and 120.14 are applicable to a 1st class city school district and board.
AB625, s. 18
21Section
18. 119.18 (6) (intro.) and (b) of the statutes are consolidated,
22renumbered 119.18 (6) and amended to read:
AB625,8,223
119.18
(6) School calendar. The board may determine the school calendar and
24vacation periods for each school year for the regular day schools, summer schools,
25social centers and playgrounds, except that
: (b) The
the board may close any school
1or dismiss any class in the event of an emergency, fire or other casualty, quarantine
2or epidemic.
AB625, s. 19
3Section
19. 119.18 (6) (a) of the statutes is repealed.
AB625, s. 20
4Section
20. 119.18 (7) of the statutes is amended to read:
AB625,8,85
119.18
(7) School hours. The board may establish rules scheduling the hours
6of each school day during which the schools shall be in session. The board may
7differentiate
between among schools, educational programs and the various grades
8in scheduling such school hours.
AB625, s. 21
9Section
21. 119.71 (1) of the statutes is amended to read:
AB625,8,1210
119.71
(1) In this section, "full-day"
has the meaning given in s. 121.004 (7) (c)
112. means the length of the school day for pupils in the first grade of the school district
12operating the 5-year-old kindergarten program.
AB625, s. 22
13Section
22. 120.12 (15) of the statutes is amended to read:
AB625,8,2114
120.12
(15) School hours. Establish rules scheduling the hours of a normal
15school day. The school board may differentiate
between among schools, educational
16programs and the various elementary and high school grades in scheduling the
17school day.
The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held
18during the school term. This subsection shall not be construed to eliminate a school
19district's duty to bargain with the employe's collective bargaining representative
20over any calendaring proposal which is primarily related to wages, hours and
21conditions of employment.
AB625, s. 23
22Section
23. 120.12 (25) of the statutes is created to read:
AB625,9,223
120.12
(25) U
se of additional funds. By August 15, 1999, and annually
24thereafter by August 15, report to the department how the school district used any
1additional funds received in the previous school year as a result of 1997 Wisconsin
2Act .... (this act). The report shall specify whether any facility needs were reduced.
AB625, s. 24
3Section
24. 120.14 (1) of the statutes is amended to read:
AB625,9,124
120.14
(1) At the close of each fiscal year, the school board of each school district
5shall employ a licensed accountant to audit the school district accounts and certify
6the audit. The audit shall include information concerning the school district's
7self-insurance plan under s. 120.13 (2) (b), as specified by the commissioner of
8insurance.
If required by the state superintendent under s. 115.28 (18), the The audit
9shall include an audit of the number of pupils reported for membership purposes
10under s. 121.004 (5). The cost of the audit shall be paid from school district funds.
11Annually by September 15, the school district clerk shall file a financial audit
12statement with the state superintendent.
AB625, s. 25
13Section
25. 121.004 (5) of the statutes is amended to read:
AB625,9,1614
121.004
(5) Membership. "Membership" for any school district is the
sum 15number of pupils enrolled as reported under s. 121.05
and the summer average daily
16membership equivalent for classes approved under s. 121.14 (1).
AB625, s. 26
17Section
26. 121.004 (5m) of the statutes is created to read:
AB625,9,2018
121.004
(5m) Minimum required hours of instruction. "Minimum required
19hours of instruction" means the number of hours of direct pupil instruction required
20for the grade in which a pupil is enrolled as specified under s. 121.02 (1) (f).
AB625, s. 27
21Section
27. 121.004 (7) (a) of the statutes is amended to read: