SB310: Bill Text

SB310,3,19 20.255 (1) (gt) (title) Residential schools school; pupil transportation. The amounts in the schedule for the weekend transportation of pupils enrolled in the residential schools school under subch. III of ch. 115 to and from their homes. All moneys received under s. 115.53 (6) shall be credited to this appropriation.

SB310, s. 5 Section 5. 20.255 (1) (jm) of the statutes is repealed.

SB310, s. 6 Section 6. 20.255 (1) (js) of the statutes is repealed.

SB310, s. 7 Section 7. 20.255 (2) (bj) of the statutes is created to read:

SB310,4,2 20.255 (2) (bj) Programs and services for children with visual disabilities. A sum sufficient equal to the amount determined under 1997 Wisconsin Act .... (this act), section 40, for the payment of aid under s. 115.88 (8m). No moneys may be encumbered from this appropriation after June 30, 2004.

SB310, s. 8 Section 8. 20.255 (2) (u) of the statutes is repealed.

SB310, s. 9 Section 9. 20.866 (2) (zh) of the statutes is amended to read:

SB310,4,10 20.866 (2) (zh) (title) Education; state schools school and library facilities. From the capital improvement fund, a sum sufficient for the department of education public instruction to acquire, construct, develop, enlarge or improve institutional facilities for the hearing impaired and the visually handicapped and reference and loan library facilities. The state may contract public debt in an amount not to exceed $7,367,700 for this purpose.

SB310, s. 10 Section 10. 25.40 (2) (b) 5. of the statutes is repealed.

SB310, s. 11 Section 11. 39.41 (1) (bm) of the statutes is amended to read:

SB310,4,15 39.41 (1) (bm) "Senior" means a pupil enrolled in the 12th grade in a public or private high school, or the Wisconsin school for the deaf and the Wisconsin school for the visually handicapped.

SB310, s. 12 Section 12. 39.41 (1m) (c) 1. of the statutes is repealed.

SB310, s. 13 Section 13. 39.41 (1m) (f) of the statutes is repealed.

SB310, s. 14 Section 14. 115.31 (1) (b) of the statutes is amended to read:

SB310,5,2 115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin school for the visually handicapped, the Wisconsin school for the deaf, the Mendota mental health institute, the Winnebago mental health institute, a state center for the developmentally disabled, a private school or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

SB310, s. 15 Section 15. Subchapter III (title) of chapter 115 [precedes 115.51] of the statutes is amended to read:

SB310,5,5 CHAPTER 115

SB310,5,6 SUBCHAPTER III

SB310,5,9 STATE SCHOOLs AND SCHOLARSHIPS FOR THE HANDICAPPED school for the deaf

SB310, s. 16 Section 16. 115.52 (title) of the statutes is amended to read:

SB310,5,12 115.52 (title) Wisconsin schools for the visually handicapped and school for the deaf.

SB310, s. 17 Section 17. 115.52 (1) of the statutes is amended to read:

SB310,5,17 115.52 (1) The object of the Wisconsin school for the visually handicapped and the Wisconsin school for the deaf is to afford the visually handicapped and the deaf a practical education and physical rehabilitation which may aid them to make a living, discharge their duties as citizens and secure to them all possible happiness.

SB310, s. 18 Section 18. 115.52 (2) of the statutes is amended to read:

SB310,5,23 115.52 (2) The department state superintendent shall maintain and govern the school for the visually handicapped and the school for the deaf. The department state superintendent may fix the period of the school year at the schools school at not less than 38 weeks, prescribe the school terms and confer diplomas upon meritorious pupils who have completed the prescribed curricula.

SB310, s. 19 Section 19. 115.52 (3) of the statutes is amended to read:

SB310,6,15 115.52 (3) All the blind and the deaf residents of this state 6 to 20 years old, and for the duration of a school term all the blind or deaf residents of this state who become 21 years old during that school term, who are capable of receiving instruction shall be received and taught in the schools school free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the department state superintendent at an amount not less than $75 per month, but no nonresident shall be received to the exclusion of a resident pupil. The department state superintendent also may admit pupils who are 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the superintendent of the school to which the pupil will be assigned. All pupils shall equally and freely enjoy the benefits and privileges of the schools school and have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination. The schools school may provide transportation for resident pupils.

SB310, s. 20 Section 20. 115.52 (5) of the statutes is amended to read:

SB310,6,22 115.52 (5) The department state superintendent may grant approval for the maintenance of a summer school at the school for the deaf whenever it will be to the advantage of deaf persons and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of visually handicapped minors. There shall be a summer school each year at the school for the visually handicapped for visually handicapped adults.

SB310, s. 21 Section 21. 115.52 (6) of the statutes is amended to read:

SB310,7,2 115.52 (6) The department may make charges for meals, living quarters, laundry and other services furnished to employes of the schools school and their families. The department also may make charges for services furnished to visitors at the schools school and participants in training programs and institutes.

SB310, s. 22 Section 22. 115.52 (7) of the statutes is amended to read:

SB310,7,8 115.52 (7) The Wisconsin school for the deaf may provide instruction for preschool deaf children and their parents. The Wisconsin school for the visually handicapped may provide instruction for preschool visually handicapped children and their parents. Such instruction or treatment shall be subject to the approval of, and shall comply with requirements established by, the department.

SB310, s. 23 Section 23. 115.53 (2) of the statutes is amended to read:

SB310,7,16 115.53 (2) Arrange for vocational, trade or academic training for any pupil in either state the school qualified to take such training advantageously, in either a public school or technical college or a private business establishment in Janesville or Delavan. The public school and the technical college shall be paid the regular tuition for full-time attendance and proportionally for part-time attendance by the school district responsible for the pupil's placement in an appropriate program under s. 115.85 (1).

SB310, s. 24 Section 24. 115.53 (3) of the statutes is amended to read:

SB310,7,20 115.53 (3) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the schools school. The examination shall be paid for from the appropriation in s. 20.255 (1) (b).

SB310, s. 25 Section 25. 115.53 (4) of the statutes is amended to read:

SB310,7,24 115.53 (4) Apply to the board of directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the University of Wisconsin Hospitals and Clinics of any pupil in the state schools school.

SB310,8,3 (a) The application shall be accompanied by the report of a physician appointed by the appropriate school superintendent and shall be in the same form as reports of other physicians for admission of patients to such hospital.

SB310,8,11 (b) The net cost of hospital treatment shall be at the rate established under s. 233.40 (1) and shall be chargeable to the appropriation for operating the patient's school. The department state superintendent likewise may authorize payment for the expense of transporting patients to and from the hospital. The department state superintendent shall make payments for the treatment to the University of Wisconsin Hospitals and Clinics Authority. Funds collected by the department state superintendent on account of the hospitalization shall be deposited in the appropriation under s. 20.255 (1) (b) for the school concerned.

SB310, s. 26 Section 26. 115.53 (5) of the statutes is amended to read:

SB310,8,16 115.53 (5) Arrange for visits by members of the staff of either the school to other public schools or to families of blind or deaf children, whenever it appears to the department state superintendent that such visits will be of advantage to blind or deaf children.

SB310, s. 27 Section 27. 115.53 (6) of the statutes is amended to read:

SB310,8,21 115.53 (6) Charge the school district responsible for a pupil's placement in a the school under this subchapter for the costs of transporting the pupil to and from the pupil's home on weekends. All fees received under this subsection shall be deposited in the appropriation under s. 20.255 (1) (gt).

SB310, s. 28 Section 28. 115.54 of the statutes is amended to read:

SB310,9,6 115.54 Compulsory education. If it appears, by affidavit, to any circuit judge that any blind or deaf child between the ages of 6 and 21 is deprived of a suitable education by the failure of the person having the care and custody of the child to provide a suitable education, the judge shall order the person to bring the child before the judge. If the material allegations of the affidavit are denied, the judge shall subpoena witnesses and hear testimony. If the allegations are admitted or established, the judge may, if appropriate, order the child sent to the school for the visually handicapped or for the deaf or to some class or other school for instruction, but the order shall not make a direct charge for the class or school against any county.

SB310, s. 29 Section 29. 115.55 of the statutes is amended to read:

SB310,9,15 115.55 Library for the blind and visually handicapped. Embossed, clear type or large type text books acquired by the school for the visually handicapped department shall constitute a circulating collection for the blind and visually handicapped. The collection shall be kept at the school and be under the supervision of its superintendent the department. All blind and visually handicapped school age children of the state may use such books upon compliance with rules made by the superintendent and approved by the department with the approval of the department.

SB310, s. 30 Section 30. 115.58 of the statutes is amended to read:

SB310,9,24 115.58 (title) Park grounds of the former state school for the visually handicapped. The department state superintendent may, with the approval of the department of administration, permit the city of Janesville to use portions of the grounds of the former state school for the visually handicapped at Janesville, which abut on the Rock river, for purposes of operating a city park. Any construction on such grounds is subject to prior approval by the department state superintendent. Any agreement pursuant hereto shall be cancelable at the option of either party without liability. Any such grounds so used by the city of Janesville shall be supervised by the city and shall be subject to the ordinances of the city of Janesville applicable to city parks.

SB310, s. 31 Section 31. 115.77 (3) (a) of the statutes is amended to read:

SB310,10,6 115.77 (3) (a) Services for children with exceptional educational needs who are under the jurisdiction of the department state superintendent and for the Wisconsin school for the deaf and the Wisconsin school for the visually handicapped.

SB310, s. 32 Section 32. 115.88 (2) of the statutes is amended to read:

SB310,10,22 115.88 (2) Transportation aid. If upon receipt of the report under s. 115.84 the department state superintendent is satisfied that the transportation of children with exceptional educational needs has been maintained during the preceding year in accordance with the law, the department state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency or school district transporting such pupils 63% of the amount expended for such transportation. Pupils for whom aid is paid under this subsection shall not be eligible for aid under s. 121.58 (2) or (4). The department of administration shall pay such amounts to the county, agency or school district from the appropriations appropriation under s. 20.255 (2) (b) and (u). This subsection applies to any child with exceptional educational needs who requires special assistance in transportation, including any such child attending regular classes who requires special or additional transportation. This subsection does not apply to any child with exceptional educational needs attending regular or special classes who does not require any special or additional transportation.

SB310, s. 33 Section 33. 115.88 (8m) of the statutes is created to read:

SB310,11,6 115.88 (8m) Aid for creating and improving programs and services for children with visual disabilities. The full cost of salaries, fringe benefits and other approved costs attributable to providing new and expanded educational and related programs and services for children with visual disabilities shall be paid from the appropriation under s. 20.255 (2) (bj). If the program or service is eligible for aid under subs. (1) to (6) or (8) and under this subsection, the department shall consider it eligible for aid only under this subsection. This subsection does not apply after June 30, 2004.

SB310, s. 34 Section 34. 115.882 of the statutes is amended to read:

SB310,11,17 115.882 Proration of state aid. If In the 1999-2000 to 2003-04 fiscal years, if the sum of the appropriations under s. 20.255 (2) (b) and (u) (bj) in any one fiscal year is insufficient to pay the full amount of aid under ss. 115.88 and 118.255, state aid payments the funds shall be used first for the purpose of s. 115.88 (8m) and any remaining funds shall be prorated among the counties, school districts and cooperative educational service agencies entitled thereto. In the 2004-05 fiscal year and thereafter, if the appropriation under s. 20.255 (2) (b) in any fiscal year is insufficient to pay the full amount of aid under ss. 115.88 and 118.255, state aid payments shall be prorated among the counties, school districts and cooperative education service agencies entitled thereto.

SB310, s. 35 Section 35. 115.93 (2) of the statutes is amended to read:

SB310,11,24 115.93 (2) If Subject to s. 115.882, if the appropriation under s. 20.255 (2) (b) in any year the 1999-2000 to 2003-04 fiscal years is insufficient to pay the full amount of aid under sub. (1), state aid payments shall be prorated among the entitled school districts. In the 2004-05 fiscal year and thereafter, if the appropriation under s. 20.255 (2) (b) in any fiscal year is insufficient to pay the full amount of aid under sub. (1), state aid payments shall be prorated among the entitled school districts.

SB310, s. 36 Section 36. 121.05 (1) (a) 8. of the statutes is amended to read:

SB310,12,6 121.05 (1) (a) 8. Pupils enrolled in a the residential school operated by the state under subch. III of ch. 115 for whom the school district is paying tuition under s. 115.53 (2) determined by multiplying the total number of periods in each day in which the pupils are enrolled in the local public school by the total number of days for which the pupils are enrolled in the local public school and dividing the product by 1,080.

SB310, s. 37 Section 37. 121.54 (3) of the statutes is amended to read:

SB310,12,17 121.54 (3) Transportation for children with exceptional educational needs. Every school board shall provide transportation for children with exceptional educational needs, as defined in s. 115.76 (3), 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 program for children with exceptional educational needs sponsored by a state tax-supported institution of higher education, regardless of distance, if the request for such transportation is approved by the department 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.

SB310, s. 38 Section 38. 940.295 (1) (q) of the statutes is amended to read:

SB310,12,20 940.295 (1) (q) "State school for the visually handicapped or hearing impaired" means any schools the school described in s. 115.52 (2).

SB310, s. 39 Section 39. 940.295 (2) (j) of the statutes is amended to read:

SB310,12,23 940.295 (2) (j) A The state school for the visually handicapped or hearing impaired.

SB310, s. 40 Section 40 . Nonstatutory provisions.

SB310,13,6 (1) Not later than August 1, 1998, the department of administration shall determine the amount appropriated in the 1998-99 fiscal year under section 20.255 (1) (b) of the statutes, as affected by the acts of 1997, that will be saved by the closing of the Wisconsin School for the Visually Handicapped. The department of public instruction shall ensure that the amount determined by the department of administration under this subsection lapses to the general fund.

SB310, s. 41 Section 41. Initial applicability.

SB310,13,10 (1) The treatment of sections 20.255 (2) (bj), 115.88 (8m), 115.882 and 115.93 (2) of the statutes first applies to the payment of special education aid in the 1999-2000 school year.

SB310, s. 42 Section 42. Effective dates. This act takes effect on July 1, 1998, except as follows:

SB310,13,14 (1) The treatment of sections 20.255 (2) (bj), 115.882 and 115.93 (2) of the statutes takes effect on July 1, 1999.

SB310,13,15 (End)