AB674: Bill Text

AB674, s. 67 Section 67. 118.30 (2) (b) 1. of the statutes is repealed and recreated to read:

AB674,80,7 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board shall comply with s. 115.77 (1) (bg).

AB674, s. 68 Section 68. 118.31 (1) of the statutes is amended to read:

AB674,80,15 118.31 (1) In this section, "corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. "Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. "Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.80 (4) (a) 115.787 or reasonable physical activities associated with athletic training.

AB674, s. 69 Section 69. 118.33 (2) (m) of the statutes is amended to read:

AB674,80,19 118.33 (2) (m) Adopt policies to accommodate pupils with exceptional educational interests, needs or requirements, not limited to children with exceptional educational needs disabilities, as defined under s. 115.76 (3) (5).

AB674, s. 70 Section 70. 118.51 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,80,23 118.51 (1) (a) "Child with exceptional educational needs a disability" has the meaning given in s. 115.76 (3) (5).

AB674, s. 71 Section 71. 118.51 (5) (a) 4. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,81,6 118.51 (5) (a) 4. Whether the special education program or related services described in the child's individualized education program under s. 115.80 (4) 115.787 (2) are available in the nonresident school district or whether there is space available in the special education program identified in the child's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board.

AB674, s. 72 Section 72. 118.51 (5) (a) 5. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

AB674, s. 73 Section 73. 118.51 (5) (a) 6. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,81,15 118.51 (5) (a) 6. Whether the child has been reported referred to his or her resident school board under s. 115.80 115.777 (1) or identified by his or her resident school board under s. 115.80 (2) 115.77 (1m) (a) but not yet evaluated by a multidisciplinary an individualized education program team appointed by his or her resident school board under s. 115.80 (3) 115.78 (1).

AB674, s. 74 Section 74. 118.51 (12) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,82,5 118.51 (12) Special education program or related services. (a) Unavailable after enrollment. If the individualized education program for a pupil, developed or revised under s. 115.80 (4) 115.787 after a child begins attending public school in a nonresident school district under this section, requires a special education program or related service that is not available in the nonresident school district or if there is no space available in the special education program identified in the child's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board, the nonresident school board may notify the child's parent and the child's resident school board that the program or service is not available in the nonresident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under ss. 115.80 (4m) and 115.85 s. 115.79 (2).

AB674,82,18 (b) Undue financial burden. 1. If the costs of the special education program or services required in the individualized education program under s. 115.80 (4) 115.787 (2) for a child with exceptional educational needs a disability whose parent has submitted an application under sub. (3) (a), as proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil special education program or services costs for children with exceptional educational needs disabilities continuing to be served by the resident school district, the child's resident school board may notify the child's parent and the nonresident school board by the first Friday following the first Monday in April that the pupil may not attend the nonresident school district to which the child has applied.

AB674,83,11 2. If the costs of the special education program or services required in an individualized education program for a pupil, developed or revised under s. 115.80 (4) 115.787 after a child begins attending public school in a nonresident school district under this section, as implemented or proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil special education program or services costs for children with exceptional educational needs disabilities continuing to be served by the resident school district, the child's resident school board may notify the pupil's parent and the nonresident school board that the program or services impose such an undue financial burden on the resident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under ss. 115.80 (4m) and 115.85 s. 115.79 (2). The pupil's parent may appeal a required transfer under this subdivision to the department within 30 days after receipt of the notice. The department shall affirm the resident school board's determination unless the department finds that the determination was arbitrary or unreasonable.

AB674, s. 75 Section 75. 118.51 (13m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,83,18 118.51 (13m) Participation in certain programs. A pupil attending a public school in a nonresident school district under this section shall be considered a resident of the nonresident school district for the purposes of participating in programs of a cooperative educational service agency or a county handicapped children's children with disabilities education board.

AB674, s. 76 Section 76. 118.51 (14) (a) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,83,25 118.51 (14) (a) 2. If the pupil is a child with exceptional educational needs a disability and transportation of the pupil is required in the individualized education program developed for the child under s. 115.80 (4) 115.787 (2) or is required under s. 121.54 (3), the nonresident school district shall provide such transportation for the child.

AB674, s. 77 Section 77. 118.51 (17) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,84,9 118.51 (17) Special Education Tuition. The resident school board shall pay to the nonresident school board, for each child who is attending public school in the nonresident school district under this section and is enrolled in a program for children with exceptional educational needs disabilities, tuition calculated using the daily tuition rate under s. 121.83 for children enrolled in such programs in the nonresident school district, or an amount agreed to by the school boards of the 2 school districts.

AB674, s. 78 Section 78. 118.52 (6) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,84,16 118.52 (6) (a) Individualized education program requirements. The school board of a pupil's resident school district shall reject a pupil's application to attend a course in a public school in a nonresident school district if the resident school board determines that the course conflicts with the individualized education program for the pupil under s. 115.80 (4) 115.787 (2).

AB674, s. 79 Section 79. 118.55 (7r) (am) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,84,23 118.55 (7r) (am) A school board may refuse to permit a pupil to attend a technical college under this subsection if the pupil is a child with exceptional educational needs a disability, as defined in s. 115.76 (3) (5), and the school board determines that the cost to the school district under par. (dm) would impose an undue financial burden on the school district.

AB674, s. 80 Section 80. 118.55 (7r) (dm) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,85,4 118.55 (7r) (dm) If a pupil who is attending a technical college under this subsection is a child with exceptional educational needs a disability, as defined in s. 115.76 (3) (5), the payment under par. (d) shall be adjusted to reflect the cost of any special services required for the pupil.

AB674, s. 81 Section 81. 119.18 (20) of the statutes is amended to read:

AB674,85,9 119.18 (20) Diplomas. The board may grant diplomas in testimony of the completion of high school or special education requirements, including the requirements of special schools established under s. 119.28 and special classes, centers or services established under s. 115.83.

AB674, s. 82 Section 82. 119.28 (1) of the statutes is amended to read:

AB674,85,15 119.28 (1) The board shall establish and maintain such special schools for children with exceptional educational needs disabilities, as defined in s. 115.76 (3) (5), as are required to accommodate pupils of school age desiring to attend school. The board shall prescribe the courses of study and the educational and other activities in special schools.

AB674, s. 83 Section 83. 119.72 (2) (d) of the statutes is amended to read:

AB674,85,20 119.72 (2) (d) Children who have language, psychomotor development, social, behavioral or educational problems that warrant intervention, as determined by the board, other than children with exceptional educational needs disabilities, as defined under s. 115.76 (3) (5).

AB674, s. 84 Section 84. 120.13 (26m) of the statutes is amended to read:

AB674,86,2 120.13 (26m) (title) Contracts with county handicapped children's children with disabilities education boards. Contract with a county handicapped children's children with disabilities education board for special education services. The costs of such services shall be included in the school district's shared cost under s. 121.07 (6). This subsection applies beginning on the effective date of a resolution adopted under s. 115.86 115.817 (9) (c).

AB674, s. 85 Section 85. 121.004 (10) of the statutes is amended to read:

AB674,86,9 121.004 (10) Teachers employed. "Teacher" means a person holding a license or certificate under s. 115.28 (7), but does not include any person under s. 115.29 (3). In computing the number of teachers employed, professional workers who devote less than full time to their professional duties shall be counted in proportion to the time devoted to such duties. Teachers who devote full time to handicapped children with disabilities shall not be counted.

AB674, s. 86 Section 86. 121.05 (1) (a) 1. of the statutes is amended to read:

AB674,86,15 121.05 (1) (a) 1. Pupils enrolled concurrently in the school district and in a special education program operated by a county handicapped children's children with disabilities education board and in facilities of the school district. This subdivision does not apply beginning on the effective date of a resolution adopted under s. 115.86 115.817 (9) (c);

AB674, s. 87 Section 87. 121.05 (1) (a) 2. of the statutes is amended to read:

AB674,86,18 121.05 (1) (a) 2. Pupils enrolled in home instruction or any other school district special education program under s. 115.83;

AB674, s. 88 Section 88. 121.05 (1) (a) 6. of the statutes is amended to read:

AB674,86,23 121.05 (1) (a) 6. Pupils enrolled in a special education program operated by a county handicapped children's children with disabilities education board under contract with the school board. This subdivision applies beginning on the effective date of a resolution adopted under s. 115.86 115.817 (9) (c).

AB674, s. 89 Section 89. 121.135 (title) of the statutes is amended to read:

AB674,87,2 121.135 (title) State aid to county handicapped children's children with disabilities education boards.

AB674, s. 90 Section 90. 121.135 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674,87,11 121.135 (1) If, upon receipt of the report plan under s. 115.84 115.77 (4), the state superintendent is satisfied that there are children participating in a special education program provided by a county handicapped children's children with disabilities education board, the state superintendent shall certify to the department of administration from the appropriation under s. 20.255 (2) (bh) in favor of the county handicapped children's children with disabilities education board the amount determined under sub. (2), except as provided under sub. (3).

AB674, s. 91 Section 91. 121.135 (2) (a) 1. of the statutes is amended to read:

AB674,87,22 121.135 (2) (a) 1. "Additional general aid" means the amount determined by calculating the percentage of a school district's shared costs that would be paid under s. 121.08 if its membership included each pupil who is a resident of the school district and solely enrolled in a special education program provided by a county handicapped children's children with disabilities education board and the school district's shared costs were increased by the costs of the county handicapped children's children with disabilities education board program for all pupils participating in the county handicapped children's children with disabilities education board program who are residents of the school district, and multiplying the costs of the county handicapped children's children with disabilities education board program by that percentage.

AB674, s. 92 Section 92. 121.135 (2) (a) 2. of the statutes is amended to read:

AB674,88,3 121.135 (2) (a) 2. "Costs of the county handicapped children's children with disabilities education board program" means the gross cost of the county handicapped children's children with disabilities education board program minus all nonduplicative revenues and other financing sources except property taxes and state aid paid under this section in the previous school year.

AB674, s. 93 Section 93. 121.135 (2) (c) of the statutes is amended to read:

AB674,88,11 121.135 (2) (c) The state superintendent shall pay the additional general aid to the county handicapped children's children with disabilities education board. If a school district is eligible for minimum aid under s. 121.10, the state superintendent shall pay to the county handicapped children's children with disabilities education board the minimum aid amount for which the school district is eligible under s. 121.10 for those pupils enrolled solely in the county handicapped children's children with disabilities education board program who are residents of the school district.

AB674, s. 94 Section 94. 121.135 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674,88,20 121.135 (3) This section does not apply beginning on the effective date of a resolution adopted under s. 115.86 115.817 (9) (c), except that in the school year beginning July 1 of the year prior to the effective date of the resolution, the state superintendent shall certify to the department of administration from the appropriation under s. 20.255 (2) (bh) in favor of the county handicapped children's children with disabilities education board an amount equal to one-half the amount specified under sub. (2) for each pupil enrolled.

AB674, s. 95 Section 95. 121.14 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674,89,6 121.14 (1) State aid shall be paid to each district or county handicapped children's children with disabilities education board only for those academic summer classes or laboratory periods for which the state superintendent has given prior review and approval as to the content of such classes or laboratory periods so as to assure that such classes and laboratory periods are only for necessary academic purposes. Recreational programs and team sports shall not be eligible for aid under this section, and pupils participating in such programs shall not be counted as pupils enrolled under s. 121.004 (5) nor shall costs associated with such programs be included in shared costs under s. 121.07 (6).

AB674, s. 96 Section 96. 121.14 (2) (b) of the statutes is amended to read:

AB674,89,11 121.14 (2) (b) Annually on or before October 1, the school district clerk or chairperson of the county handicapped children's children with disabilities education board shall file with the department a report stating the summer average daily membership equivalent.

AB674, s. 97 Section 97. 121.14 (3) of the statutes is amended to read:

AB674,89,15 121.14 (3) References to county handicapped children's children with disabilities education boards under subs. (1) and (2) (b) do not apply beginning on the effective date of a resolution adopted under s. 115.86 115.817 (9) (c).

AB674, s. 98 Section 98. 121.41 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674,90,3 121.41 (1) State aid. To promote a uniformly effective driver education program among high school and technical college pupils, each school district operating high school grades, each county handicapped children's children with disabilities education board which provides the substantial equivalent of a high school education and each technical college district shall receive $100 for each pupil of high school age who completes a course in driver education approved by the department under s. 115.28 (11), but in no case may the state aid exceed the actual cost of instruction. If the appropriation under s. 20.255 (2) (em) is inadequate in any year to provide $100 per pupil, the state aid shall be prorated after the appropriation for administration is deducted. Such state aid shall be paid at the same time as the state aid under s. 121.08 is paid.

AB674, s. 99 Section 99. 121.54 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674,90,16 121.54 (3) (title) Transportation for children with exceptional educational needs disabilities. Every school board shall provide transportation for children with exceptional educational needs disabilities, as defined in s. 115.76 (3) (5), to any public or private elementary or high school, to the Wisconsin school for the visually handicapped or the Wisconsin school for the deaf or to any special educational education program for children with exceptional educational needs disabilities sponsored by a state tax-supported institution of higher education, including a technical college, regardless of distance, if the request for such transportation is approved by the state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this subsection.

AB674, s. 100 Section 100. 121.54 (4) (a) of the statutes is renumbered 121.54 (4).

AB674, s. 101 Section 101. 121.54 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB674, s. 102 Section 102. 121.55 (3) of the statutes is amended to read:

AB674,91,11 121.55 (3) If the estimated cost of transporting a pupil under s. 121.54 (2) (b) 1. is more than 1.5 times the school district's average cost per pupil for bus transportation in the previous year, exclusive of transportation for kindergarten pupils during the noon hour and for handicapped pupils with disabilities, the school board may fulfill its obligation to transport a pupil under s. 121.54 (2) (b) 1. by offering to contract with the parent or guardian of the pupil. The contract shall provide for an annual payment for each pupil of not less than $5 times the distance in miles between the pupil's residence and the private school he or she attends, or the school district's average cost per pupil for bus transportation in the previous year exclusive of transportation for kindergarten pupils during the noon hour and for handicapped pupils with disabilities, whichever is greater, but the payment shall not exceed the actual cost nor may the aids paid under s. 121.58 (2) (a) for the pupil exceed the cost thereof. A school board which intends to offer a contract under this subsection shall notify the parent or guardian of the private school pupil of its intention at least 30 days before the commencement of the school term of the public school district.

AB674, s. 103 Section 103. 121.57 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674,91,18 121.57 (1) (b) This subsection also applies to handicapped children with disabilities. The state superintendent may grant permission for a handicapped child with a disability to be transported to a school in another school district if an acceptable form of transportation is provided and if such school offers equal or better educational opportunities for the child.

AB674, s. 104 Section 104. 121.58 (3) of the statutes is amended to read:

AB674,92,2 121.58 (3) State aid for board and lodging. A school district which provides board and lodging or housing under s. 121.57 (2) in lieu of transportation shall be paid state aid for such board and lodging or housing at the rate of not more than $6 per week of 5 days for each pupil so boarded and lodged or housed, but not to exceed 60% of the cost. For children with exceptional educational needs disabilities, as defined in s. 115.76 (5), such state aid shall be supplemented by the state aid under s. 115.88 in an amount not to exceed the full cost of such board and lodging.

AB674, s. 105 Section 105. 121.76 (1) (a) of the statutes is amended to read:

AB674,92,7 121.76 (1) (a) "Agency of service" means a school board, board of control of a cooperative educational service agency, county handicapped children's children with disabilities education board or governing body of a nonsectarian private school or university model school, which provides services for which tuition may be charged.

AB674, s. 106 Section 106. 121.76 (1) (b) of the statutes is amended to read:

AB674,92,10 121.76 (1) (b) "Pupil" includes a child with exceptional educational needs a disability, as defined in ss. s.115.76 (2) and (3) (5).

AB674, s. 107 Section 107. 121.77 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674,92,18 121.77 (1) (b) If facilities are adequate, a school board, board of control of a cooperative educational service agency or county handicapped children's children with disabilities education board may admit nonresident pupils who meet its entrance requirements. Nonresident pupils shall have all of the rights and privileges of resident pupils and shall be subject to the same rules and regulations as resident pupils. The agency of service shall charge tuition for each nonresident pupil.

AB674, s. 108 Section 108. 121.78 (3) (a) of the statutes is amended to read:

AB674,92,21 121.78 (3) (a) Special education programs and related services under s. 115.85 (2) subch. V of ch. 115.

AB674, s. 109 Section 109. 121.83 (1) (a) 3. (intro.) and b. of the statutes are amended to read:

AB674,92,25 121.83 (1) (a) 3. (intro.) If the pupil is enrolled in a program for children with exceptional educational needs receives special education and related services under subch. V of ch. 115:

AB674,93,2 b. The federal and state aid for pupil transportation and exceptional special education and related services shall be added.

AB674, s. 110 Section 110. 121.83 (1) (c) of the statutes is amended to read:

AB674,93,8 121.83 (1) (c) If the pupil is enrolled in a program for children with exceptional educational needs receives special education and related services under subch. V of ch. 115, the special annual tuition rate is the sum of instructional and specified services costs unique to that program divided by the average daily membership of all pupils enrolled in the program, including those for whom tuition is paid.

AB674, s. 111 Section 111. 121.905 (3) (a) of the statutes is amended to read: