AB674, s. 65 7Section 65. 118.29 (4) of the statutes is amended to read:
AB674,79,218 118.29 (4) Written policies. Any school board, county handicapped children's
9children with disabilities education board, cooperative educational service agency or
10governing body of a private school whose employes or volunteers may be authorized
11to administer drugs or prescription drugs to pupils under this section shall adopt a
12written policy governing the administration of drugs and prescription drugs to
13pupils. In developing the policy, the school board, board, agency or governing body
14shall seek the assistance of one or more appropriate health care professionals who
15are employes of the school board, board, agency or governing body or are providing
16services or consultation under s. 121.02 (1) (g). The policy shall include procedures
17for obtaining and filing in the school or other appropriate facility the written
18instructions and consent required under sub. (2) (a), for the periodic review of such
19written instructions, for the storing of drugs and prescription drugs, for record
20keeping and for the appropriate instruction of persons who may be authorized to
21administer drugs or prescription drugs to pupils under this section.
AB674, s. 66 22Section 66. 118.295 of the statutes is amended to read:
AB674,80,4 23118.295 Suicide intervention; civil liability exemption. Any school
24board, private school, county handicapped children's children with disabilities
25education board or cooperative educational service agency, and any officer, employe

1or volunteer thereof, who in good faith attempts to prevent suicide by a pupil is
2immune from civil liability for his or her acts or omissions in respect to the suicide
3or attempted suicide. The civil liability immunity provided in this section is in
4addition to and not in lieu of that provided under s. 895.48 (1).
AB674, s. 67 5Section 67. 118.30 (2) (b) 1. of the statutes is repealed and recreated to read:
AB674,80,76 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under
7subch. V of ch. 115, the school board shall comply with s. 115.77 (1) (bg).
AB674, s. 68 8Section 68. 118.31 (1) of the statutes is amended to read:
AB674,80,159 118.31 (1) In this section, "corporal punishment" means the intentional
10infliction of physical pain which is used as a means of discipline. "Corporal
11punishment" includes, but is not limited to, paddling, slapping or prolonged
12maintenance of physically painful positions, when used as a means of discipline.
13"Corporal punishment" does not include actions consistent with an individualized
14education program developed under s. 115.80 (4) (a) 115.787 or reasonable physical
15activities associated with athletic training.
AB674, s. 69 16Section 69. 118.33 (2) (m) of the statutes is amended to read:
AB674,80,1917 118.33 (2) (m) Adopt policies to accommodate pupils with exceptional
18educational interests, needs or requirements, not limited to children with
19exceptional educational needs disabilities, as defined under s. 115.76 (3) (5).
AB674, s. 70 20Section 70. 118.51 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27,
21is amended to read:
AB674,80,2322 118.51 (1) (a) "Child with exceptional educational needs a disability" has the
23meaning given in s. 115.76 (3) (5).
AB674, s. 71 24Section 71. 118.51 (5) (a) 4. of the statutes, as created by 1997 Wisconsin Act
2527
, is amended to read:
AB674,81,6
1118.51 (5) (a) 4. Whether the special education program or related services
2described in the child's individualized education program under s. 115.80 (4) 115.787
3(2)
are available in the nonresident school district or whether there is space available
4in the special education program identified in the child's individualized education
5program, including any class size limits, pupil-teacher ratios or enrollment
6projections established by the nonresident school board.
AB674, s. 72 7Section 72. 118.51 (5) (a) 5. of the statutes, as created by 1997 Wisconsin Act
827
, is repealed.
AB674, s. 73 9Section 73. 118.51 (5) (a) 6. of the statutes, as created by 1997 Wisconsin Act
1027
, is amended to read:
AB674,81,1511 118.51 (5) (a) 6. Whether the child has been reported referred to his or her
12resident school board under s. 115.80 115.777 (1) or identified by his or her resident
13school board under s. 115.80 (2) 115.77 (1m) (a) but not yet evaluated by a
14multidisciplinary
an individualized education program team appointed by his or her
15resident school board under s. 115.80 (3) 115.78 (1).
AB674, s. 74 16Section 74. 118.51 (12) of the statutes, as created by 1997 Wisconsin Act 27,
17is amended to read:
AB674,82,518 118.51 (12) Special education program or related services. (a) Unavailable
19after enrollment
. If the individualized education program for a pupil, developed or
20revised under s. 115.80 (4) 115.787 after a child begins attending public school in a
21nonresident school district under this section, requires a special education program
22or related service that is not available in the nonresident school district or if there
23is no space available in the special education program identified in the child's
24individualized education program, including any class size limits, pupil-teacher
25ratios or enrollment projections established by the nonresident school board, the

1nonresident school board may notify the child's parent and the child's resident school
2board that the program or service is not available in the nonresident school district.
3If such notice is provided, the child shall be transferred to his or her resident school
4district, which shall provide an educational placement for the child under ss. 115.80
5(4m) and 115.85
s. 115.79 (2).
AB674,82,186 (b) Undue financial burden. 1. If the costs of the special education program
7or services required in the individualized education program under s. 115.80 (4)
8115.787 (2) for a child with exceptional educational needs a disability whose parent
9has submitted an application under sub. (3) (a), as proposed to be implemented by
10the nonresident school district, would impose upon the child's resident school district
11an undue financial burden in light of the resident school district's total economic
12circumstances, including its revenue limit under subch. VII of ch. 121, its ability to
13pay tuition costs for the pupil and the per pupil special education program or services
14costs for children with exceptional educational needs disabilities continuing to be
15served by the resident school district, the child's resident school board may notify the
16child's parent and the nonresident school board by the first Friday following the first
17Monday in April that the pupil may not attend the nonresident school district to
18which the child has applied.
AB674,83,1119 2. If the costs of the special education program or services required in an
20individualized education program for a pupil, developed or revised under s. 115.80
21(4)
115.787 after a child begins attending public school in a nonresident school
22district under this section, as implemented or proposed to be implemented by the
23nonresident school district, would impose upon the child's resident school district an
24undue financial burden in light of the resident school district's total economic
25circumstances, including its revenue limit under subch. VII of ch. 121, its ability to

1pay tuition costs for the pupil and the per pupil special education program or services
2costs for children with exceptional educational needs disabilities continuing to be
3served by the resident school district, the child's resident school board may notify the
4pupil's parent and the nonresident school board that the program or services impose
5such an undue financial burden on the resident school district. If such notice is
6provided, the child shall be transferred to his or her resident school district, which
7shall provide an educational placement for the child under ss. 115.80 (4m) and 115.85
8s. 115.79 (2). The pupil's parent may appeal a required transfer under this
9subdivision to the department within 30 days after receipt of the notice. The
10department shall affirm the resident school board's determination unless the
11department finds that the determination was arbitrary or unreasonable.
AB674, s. 75 12Section 75. 118.51 (13m) of the statutes, as created by 1997 Wisconsin Act 27,
13is amended to read:
AB674,83,1814 118.51 (13m) Participation in certain programs. A pupil attending a public
15school in a nonresident school district under this section shall be considered a
16resident of the nonresident school district for the purposes of participating in
17programs of a cooperative educational service agency or a county handicapped
18children's
children with disabilities education board.
AB674, s. 76 19Section 76. 118.51 (14) (a) 2. of the statutes, as created by 1997 Wisconsin Act
2027
, is amended to read:
AB674,83,2521 118.51 (14) (a) 2. If the pupil is a child with exceptional educational needs a
22disability
and transportation of the pupil is required in the individualized education
23program developed for the child under s. 115.80 (4) 115.787 (2) or is required under
24s. 121.54 (3), the nonresident school district shall provide such transportation for the
25child.
AB674, s. 77
1Section 77. 118.51 (17) of the statutes, as created by 1997 Wisconsin Act 27,
2is amended to read:
AB674,84,93 118.51 (17) Special Education Tuition. The resident school board shall pay
4to the nonresident school board, for each child who is attending public school in the
5nonresident school district under this section and is enrolled in a program for
6children with exceptional educational needs disabilities, tuition calculated using the
7daily tuition rate under s. 121.83 for children enrolled in such programs in the
8nonresident school district, or an amount agreed to by the school boards of the 2
9school districts.
AB674, s. 78 10Section 78. 118.52 (6) (a) of the statutes, as created by 1997 Wisconsin Act 27,
11is amended to read:
AB674,84,1612 118.52 (6) (a) Individualized education program requirements. The school
13board of a pupil's resident school district shall reject a pupil's application to attend
14a course in a public school in a nonresident school district if the resident school board
15determines that the course conflicts with the individualized education program for
16the pupil under s. 115.80 (4) 115.787 (2).
AB674, s. 79 17Section 79. 118.55 (7r) (am) of the statutes, as created by 1997 Wisconsin Act
1827
, is amended to read:
AB674,84,2319 118.55 (7r) (am) A school board may refuse to permit a pupil to attend a
20technical college under this subsection if the pupil is a child with exceptional
21educational needs
a disability, as defined in s. 115.76 (3) (5), and the school board
22determines that the cost to the school district under par. (dm) would impose an undue
23financial burden on the school district.
AB674, s. 80 24Section 80. 118.55 (7r) (dm) of the statutes, as created by 1997 Wisconsin Act
2527
, is amended to read:
AB674,85,4
1118.55 (7r) (dm) If a pupil who is attending a technical college under this
2subsection is a child with exceptional educational needs a disability, as defined in s.
3115.76 (3) (5), the payment under par. (d) shall be adjusted to reflect the cost of any
4special services required for the pupil.
AB674, s. 81 5Section 81. 119.18 (20) of the statutes is amended to read:
AB674,85,96 119.18 (20) Diplomas. The board may grant diplomas in testimony of the
7completion of high school or special education requirements, including the
8requirements of special schools established under s. 119.28 and special classes,
9centers or services established under s. 115.83
.
AB674, s. 82 10Section 82. 119.28 (1) of the statutes is amended to read:
AB674,85,1511 119.28 (1) The board shall establish and maintain such special schools for
12children with exceptional educational needs disabilities, as defined in s. 115.76 (3)
13(5), as are required to accommodate pupils of school age desiring to attend school.
14The board shall prescribe the courses of study and the educational and other
15activities in special schools.
AB674, s. 83 16Section 83. 119.72 (2) (d) of the statutes is amended to read:
AB674,85,2017 119.72 (2) (d) Children who have language, psychomotor development, social,
18behavioral or educational problems that warrant intervention, as determined by the
19board, other than children with exceptional educational needs disabilities, as
20defined under s. 115.76 (3) (5).
AB674, s. 84 21Section 84. 120.13 (26m) of the statutes is amended to read:
AB674,86,222 120.13 (26m) (title) Contracts with county handicapped children's children
23with disabilities
education boards. Contract with a county handicapped children's
24children with disabilities education board for special education services. The costs
25of such services shall be included in the school district's shared cost under s. 121.07

1(6). This subsection applies beginning on the effective date of a resolution adopted
2under s. 115.86 115.817 (9) (c).
AB674, s. 85 3Section 85. 121.004 (10) of the statutes is amended to read:
AB674,86,94 121.004 (10) Teachers employed. "Teacher" means a person holding a license
5or certificate under s. 115.28 (7), but does not include any person under s. 115.29 (3).
6In computing the number of teachers employed, professional workers who devote
7less than full time to their professional duties shall be counted in proportion to the
8time devoted to such duties. Teachers who devote full time to handicapped children
9with disabilities shall not be counted.
AB674, s. 86 10Section 86. 121.05 (1) (a) 1. of the statutes is amended to read:
AB674,86,1511 121.05 (1) (a) 1. Pupils enrolled concurrently in the school district and in a
12special education program operated by a county handicapped children's children
13with disabilities
education board and in facilities of the school district. This
14subdivision does not apply beginning on the effective date of a resolution adopted
15under s. 115.86 115.817 (9) (c);
AB674, s. 87 16Section 87. 121.05 (1) (a) 2. of the statutes is amended to read:
AB674,86,1817 121.05 (1) (a) 2. Pupils enrolled in home instruction or any other school district
18special education program under s. 115.83;
AB674, s. 88 19Section 88. 121.05 (1) (a) 6. of the statutes is amended to read:
AB674,86,2320 121.05 (1) (a) 6. Pupils enrolled in a special education program operated by a
21county handicapped children's children with disabilities education board under
22contract with the school board. This subdivision applies beginning on the effective
23date of a resolution adopted under s. 115.86 115.817 (9) (c).
AB674, s. 89 24Section 89. 121.135 (title) of the statutes is amended to read:
AB674,87,2
1121.135 (title) State aid to county handicapped children's children with
2disabilities
education boards.
AB674, s. 90 3Section 90. 121.135 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
4is amended to read:
AB674,87,115 121.135 (1) If, upon receipt of the report plan under s. 115.84 115.77 (4), the
6state superintendent is satisfied that there are children participating in a special
7education program provided by a county handicapped children's children with
8disabilities
education board, the state superintendent shall certify to the department
9of administration from the appropriation under s. 20.255 (2) (bh) in favor of the
10county handicapped children's children with disabilities education board the
11amount determined under sub. (2), except as provided under sub. (3).
AB674, s. 91 12Section 91. 121.135 (2) (a) 1. of the statutes is amended to read:
AB674,87,2213 121.135 (2) (a) 1. "Additional general aid" means the amount determined by
14calculating the percentage of a school district's shared costs that would be paid under
15s. 121.08 if its membership included each pupil who is a resident of the school district
16and solely enrolled in a special education program provided by a county handicapped
17children's
children with disabilities education board and the school district's shared
18costs were increased by the costs of the county handicapped children's children with
19disabilities
education board program for all pupils participating in the county
20handicapped children's children with disabilities education board program who are
21residents of the school district, and multiplying the costs of the county handicapped
22children's
children with disabilities education board program by that percentage.
AB674, s. 92 23Section 92. 121.135 (2) (a) 2. of the statutes is amended to read:
AB674,88,324 121.135 (2) (a) 2. "Costs of the county handicapped children's children with
25disabilities
education board program" means the gross cost of the county

1handicapped children's children with disabilities education board program minus all
2nonduplicative revenues and other financing sources except property taxes and state
3aid paid under this section in the previous school year.
AB674, s. 93 4Section 93. 121.135 (2) (c) of the statutes is amended to read:
AB674,88,115 121.135 (2) (c) The state superintendent shall pay the additional general aid
6to the county handicapped children's children with disabilities education board. If
7a school district is eligible for minimum aid under s. 121.10, the state superintendent
8shall pay to the county handicapped children's children with disabilities education
9board the minimum aid amount for which the school district is eligible under s.
10121.10 for those pupils enrolled solely in the county handicapped children's children
11with disabilities
education board program who are residents of the school district.
AB674, s. 94 12Section 94. 121.135 (3) of the statutes, as affected by 1997 Wisconsin Act 27,
13is amended to read:
AB674,88,2014 121.135 (3) This section does not apply beginning on the effective date of a
15resolution adopted under s. 115.86 115.817 (9) (c), except that in the school year
16beginning July 1 of the year prior to the effective date of the resolution, the state
17superintendent shall certify to the department of administration from the
18appropriation under s. 20.255 (2) (bh) in favor of the county handicapped children's
19children with disabilities education board an amount equal to one-half the amount
20specified under sub. (2) for each pupil enrolled.
AB674, s. 95 21Section 95. 121.14 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
22is amended to read:
AB674,89,623 121.14 (1) State aid shall be paid to each district or county handicapped
24children's
children with disabilities education board only for those academic summer
25classes or laboratory periods for which the state superintendent has given prior

1review and approval as to the content of such classes or laboratory periods so as to
2assure that such classes and laboratory periods are only for necessary academic
3purposes. Recreational programs and team sports shall not be eligible for aid under
4this section, and pupils participating in such programs shall not be counted as pupils
5enrolled under s. 121.004 (5) nor shall costs associated with such programs be
6included in shared costs under s. 121.07 (6).
AB674, s. 96 7Section 96. 121.14 (2) (b) of the statutes is amended to read:
AB674,89,118 121.14 (2) (b) Annually on or before October 1, the school district clerk or
9chairperson of the county handicapped children's children with disabilities
10education board shall file with the department a report stating the summer average
11daily membership equivalent.
AB674, s. 97 12Section 97. 121.14 (3) of the statutes is amended to read:
AB674,89,1513 121.14 (3) References to county handicapped children's children with
14disabilities
education boards under subs. (1) and (2) (b) do not apply beginning on the
15effective date of a resolution adopted under s. 115.86 115.817 (9) (c).
AB674, s. 98 16Section 98. 121.41 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
17is amended to read:
AB674,90,318 121.41 (1) State aid. To promote a uniformly effective driver education
19program among high school and technical college pupils, each school district
20operating high school grades, each county handicapped children's children with
21disabilities
education board which provides the substantial equivalent of a high
22school education and each technical college district shall receive $100 for each pupil
23of high school age who completes a course in driver education approved by the
24department under s. 115.28 (11), but in no case may the state aid exceed the actual
25cost of instruction. If the appropriation under s. 20.255 (2) (em) is inadequate in any

1year to provide $100 per pupil, the state aid shall be prorated after the appropriation
2for administration is deducted. Such state aid shall be paid at the same time as the
3state aid under s. 121.08 is paid.
AB674, s. 99 4Section 99. 121.54 (3) of the statutes, as affected by 1997 Wisconsin Act 27,
5is amended to read:
AB674,90,166 121.54 (3) (title) Transportation for children with exceptional educational
7needs
disabilities. Every school board shall provide transportation for children with
8exceptional educational needs disabilities, as defined in s. 115.76 (3) (5), to any public
9or private elementary or high school, to the Wisconsin school for the visually
10handicapped or the Wisconsin school for the deaf or to any special educational
11education program for children with exceptional educational needs disabilities
12sponsored by a state tax-supported institution of higher education, including a
13technical college,
regardless of distance, if the request for such transportation is
14approved by the state superintendent. Approval shall be based on whether or not the
15child can walk to school with safety and comfort. Section 121.53 shall apply to
16transportation provided under this subsection.
AB674, s. 100 17Section 100. 121.54 (4) (a) of the statutes is renumbered 121.54 (4).
AB674, s. 101 18Section 101. 121.54 (4) (b) of the statutes, as affected by 1997 Wisconsin Act
1927
, is repealed.
AB674, s. 102 20Section 102. 121.55 (3) of the statutes is amended to read:
AB674,91,1121 121.55 (3) If the estimated cost of transporting a pupil under s. 121.54 (2) (b)
221. is more than 1.5 times the school district's average cost per pupil for bus
23transportation in the previous year, exclusive of transportation for kindergarten
24pupils during the noon hour and for handicapped pupils with disabilities, the school
25board may fulfill its obligation to transport a pupil under s. 121.54 (2) (b) 1. by

1offering to contract with the parent or guardian of the pupil. The contract shall
2provide for an annual payment for each pupil of not less than $5 times the distance
3in miles between the pupil's residence and the private school he or she attends, or the
4school district's average cost per pupil for bus transportation in the previous year
5exclusive of transportation for kindergarten pupils during the noon hour and for
6handicapped pupils with disabilities, whichever is greater, but the payment shall not
7exceed the actual cost nor may the aids paid under s. 121.58 (2) (a) for the pupil
8exceed the cost thereof. A school board which intends to offer a contract under this
9subsection shall notify the parent or guardian of the private school pupil of its
10intention at least 30 days before the commencement of the school term of the public
11school district.
AB674, s. 103 12Section 103. 121.57 (1) (b) of the statutes, as affected by 1997 Wisconsin Act
1327
, is amended to read:
AB674,91,1814 121.57 (1) (b) This subsection also applies to handicapped children with
15disabilities
. The state superintendent may grant permission for a handicapped child
16with a disability to be transported to a school in another school district if an
17acceptable form of transportation is provided and if such school offers equal or better
18educational opportunities for the child.
AB674, s. 104 19Section 104. 121.58 (3) of the statutes is amended to read:
AB674,92,220 121.58 (3) State aid for board and lodging. A school district which provides
21board and lodging or housing under s. 121.57 (2) in lieu of transportation shall be
22paid state aid for such board and lodging or housing at the rate of not more than $6
23per week of 5 days for each pupil so boarded and lodged or housed, but not to exceed
2460% of the cost. For children with exceptional educational needs disabilities, as

1defined in s. 115.76 (5),
such state aid shall be supplemented by the state aid under
2s. 115.88 in an amount not to exceed the full cost of such board and lodging.
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:
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