AB674, s. 105 3Section 105. 121.76 (1) (a) of the statutes is amended to read:
AB674,92,74 121.76 (1) (a) "Agency of service" means a school board, board of control of a
5cooperative educational service agency, county handicapped children's children with
6disabilities
education board or governing body of a nonsectarian private school or
7university model school, which provides services for which tuition may be charged.
AB674, s. 106 8Section 106. 121.76 (1) (b) of the statutes is amended to read:
AB674,92,109 121.76 (1) (b) "Pupil" includes a child with exceptional educational needs a
10disability
, as defined in ss. s.115.76 (2) and (3) (5).
AB674, s. 107 11Section 107. 121.77 (1) (b) of the statutes, as affected by 1997 Wisconsin Act
1227
, is amended to read:
AB674,92,1813 121.77 (1) (b) If facilities are adequate, a school board, board of control of a
14cooperative educational service agency or county handicapped children's children
15with disabilities
education board may admit nonresident pupils who meet its
16entrance requirements. Nonresident pupils shall have all of the rights and privileges
17of resident pupils and shall be subject to the same rules and regulations as resident
18pupils. The agency of service shall charge tuition for each nonresident pupil.
AB674, s. 108 19Section 108. 121.78 (3) (a) of the statutes is amended to read:
AB674,92,2120 121.78 (3) (a) Special education programs and related services under s. 115.85
21(2)
subch. V of ch. 115.
AB674, s. 109 22Section 109. 121.83 (1) (a) 3. (intro.) and b. of the statutes are amended to read:
AB674,92,2523 121.83 (1) (a) 3. (intro.) If the pupil is enrolled in a program for children with
24exceptional educational needs
receives special education and related services under
25subch. V of ch. 115:
AB674,93,2
1b. The federal and state aid for pupil transportation and exceptional special
2education and related services shall be added.
AB674, s. 110 3Section 110. 121.83 (1) (c) of the statutes is amended to read:
AB674,93,84 121.83 (1) (c) If the pupil is enrolled in a program for children with exceptional
5educational needs
receives special education and related services under subch. V of
6ch. 115, the special annual tuition rate is the sum of instructional and specified
7services costs unique to that program divided by the average daily membership of all
8pupils enrolled in the program, including those for whom tuition is paid.
AB674, s. 111 9Section 111. 121.905 (3) (a) of the statutes is amended to read:
AB674,93,1710 121.905 (3) (a) Calculate the sum of the amount of aid received under ss.
11121.08, 121.10 and 121.105 and subch. VI in the previous school year and property
12taxes levied for the previous school year, excluding funds described under s. 121.91
13(4) (c), and the costs of the county handicapped children's children with disabilities
14education board program, as defined in s. 121.135 (2) (a) 2., for pupils who were
15school district residents and solely enrolled in a special education program provided
16by a county handicapped children's children with disabilities education board in the
17previous school year.
AB674, s. 112 18Section 112. 121.905 (3) (b) of the statutes, as affected by 1997 Wisconsin Act
1927
, is amended to read:
AB674,93,2420 121.905 (3) (b) Divide the result in par. (a) by the sum of the average of the
21number of pupils enrolled in the 3 previous school years and the number of pupils
22enrolled who were school district residents and solely enrolled in a special education
23program provided by a county handicapped children's children with disabilities
24education board program in the previous school year.
AB674, s. 113
1Section 113. 121.91 (4) (a) 3. of the statutes, as affected by 1997 Wisconsin Act
227
, is amended to read:
AB674,94,193 121.91 (4) (a) 3. Notwithstanding subd. 2., if a school board increases the
4services that it provides by adding responsibility for providing a service that is
5transferred to it from another governmental unit for a child with exceptional
6educational needs
a disability, as defined in s. 115.76 (3) (5), or for a limited-English
7speaking pupil, as defined in s. 115.955 (7), the limit otherwise applicable under sub.
8(2m) in the current school year is increased by an amount equal to the estimated cost
9of providing the service less the estimated amount of aid that the school district will
10receive for the child or pupil in the following school year under s. 115.88 (1) (1m) to
11(6) and (8), 115.995 or 118.255, as determined by the state superintendent. A school
12board that transfers or receives responsibility for providing a service under this
13subdivision shall notify the state superintendent. A school board that transfers
14responsibility for providing a service under this subdivision shall provide the state
15superintendent with an estimate of the reduction in cost attributable to the transfer,
16even if that estimate is zero. The state superintendent shall notify the transferring
17school district when a receiving school district notifies the state superintendent that
18it has received responsibility for providing a service transferred to it under this
19subdivision.
AB674, s. 114 20Section 114. 253.02 (1) (a) of the statutes is amended to read:
AB674,94,2521 253.02 (1) (a) "Children with special health care needs" means children who
22have health problems that require intervention beyond routine and basic care,
23including children with or at risk for disabilities, handicapping conditions, chronic
24illnesses and conditions, health-related educational problems and health-related
25behavioral problems.
AB674, s. 115
1Section 115. 253.12 (1) (g) of the statutes is amended to read:
AB674,95,52 253.12 (1) (g) "Other severe disability" means a severe sensory impairment,
3severe physical handicap orthopedic impairment or developmental delay that
4results from injury, infection or disease, is chronic in nature and requires long-term
5care.
AB674, s. 116 6Section 116. 254.162 (1) (d) of the statutes is amended to read:
AB674,95,107 254.162 (1) (d) School-based programs serving children under 6 years of age,
8including kindergartens, programs special education and related services for
9children with exceptional educational needs disabilities, as defined in s. 115.76 (5),
10and other early childhood programs.
AB674, s. 117 11Section 117. 340.01 (56) (a) 4. of the statutes, as affected by 1997 Wisconsin
12Act 27
, is amended to read:
AB674,95,1513 340.01 (56) (a) 4. Children with disabilities, as defined under s. 115.76 (2) with
14exceptional educational needs of a type specified under s. 115.76 (3) (a) to (L)
(5), to
15or from an educational program approved by the department of public instruction.
AB674, s. 118 16Section 118. 346.475 of the statutes is amended to read:
AB674,95,22 17346.475 (title) Human service vehicles; loading or unloading
18handicapped children with disabilities. No person who operates a human
19service vehicle may stop to load or unload passengers who are handicapped children
20with disabilities unless the vehicle is entirely off the traveled portion of the roadway
21in an area where stopping, standing or parking is not prohibited and the children do
22not have to cross the roadway in order to be loaded or unloaded.
AB674, s. 119 23Section 119. 448.56 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
24is amended to read:
AB674,96,13
1448.56 (1) Written referral. Except as provided in this subsection and s.
2448.52, a person may practice physical therapy only upon the written referral of a
3physician, chiropractor, dentist or podiatrist. Written referral is not required if a
4physical therapist provides services in schools to children with exceptional
5educational needs
disabilities, as defined in s. 115.76 (5), pursuant to rules
6promulgated by the department of public instruction; provides services as part of a
7home health care agency; provides services to a patient in a nursing home pursuant
8to the patient's plan of care; provides services related to athletic activities,
9conditioning or injury prevention; or provides services to an individual for a
10previously diagnosed medical condition after informing the individual's physician,
11chiropractor, dentist or podiatrist who made the diagnosis. The affiliated
12credentialing board may promulgate rules establishing additional services that are
13excepted from the written referral requirements of this subsection.
AB674, s. 120 14Section 120. 814.04 (intro.) of the statutes is amended to read:
AB674,96,18 15814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 106.04 (6) (i)
16and (6m) (a), 115.80 (9), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2),
17895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed
18costs shall be as follows:
AB674, s. 121 19Section 121. 904.085 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
20.... (Senate Bill 272), is amended to read:
AB674,97,221 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation
22under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. or 111.87, mediation
23under s. 115.812 115.797, negotiation under s. 289.33 (9), mediation under ch. 655
24or s. 767.11, or any similar statutory, contractual or court-referred process

1facilitating the voluntary resolution of disputes. "Mediation" does not include
2binding arbitration or appraisal.
AB674, s. 122 3Section 122. 938.34 (7d) (d) of the statutes is amended to read:
AB674,97,54 938.34 (7d) (d) This subsection does not apply to a juvenile who is a child with
5exceptional educational needs a disability, as defined under s. 115.76 (3) (5).
AB674, s. 123 6Section 123. 938.345 (1) (e) of the statutes is amended to read:
AB674,97,107 938.345 (1) (e) Place any juvenile not specifically found under chs. 46, 49, 51,
8115 and 880 to be developmentally disabled, or mentally ill or to have exceptional
9educational needs
be a child with a disability, as defined in s. 115.76 (5), in facilities
10which exclusively treat those categories of juveniles.
AB674, s. 124 11Section 124. Effective dates. This act takes effect on the day after
12publication, except as follows:
AB674,97,1413 (1) The treatment of section 46.21 (1) (d) of the statutes takes effect on January
141, 1998, or on the day after publication, whichever is later.
AB674,97,1515 (End)
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