120.13 (1) (b) The school district administrator or any principal or teacher designated by the school district administrator also may make rules, with the consent of the school board, and may suspend a pupil for not more than 5 school days or, if a notice of expulsion hearing has been sent under par. (c) 4 or (e) 4. or s. 119.25 (2) (c), for not more than a total of 15 consecutive school days for noncompliance with such rules or school board rules, or for knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, for conduct by the pupil while at school or while under the supervision of a school authority which endangers the property, health or safety of others, or for conduct while not at school or while not under the supervision of a school authority which endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled. In this paragraph, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property. Prior to any suspension, the pupil shall be advised of the reason for the proposed suspension. The pupil may be suspended if it is determined that the pupil is guilty of noncompliance with such rule, or of the conduct charged, and that the pupil's suspension is reasonably justified. The parent or guardian of a suspended minor pupil shall be given prompt notice of the suspension and the reason for the suspension. The suspended pupil or the pupil's parent or guardian may, within 5 school days following the commencement of the suspension, have a conference with the school district administrator or his or her designee who shall be someone other than a principal, administrator or teacher in the suspended pupil's school. If the school district administrator or his or her designee finds that the pupil was suspended unfairly or unjustly, or that the suspension was inappropriate, given the nature of the alleged offense, or that the pupil suffered undue consequences or penalties as a result of the suspension, reference to the suspension on the pupil's school record shall be expunged. Such finding shall be made within 15 days of the conference. A pupil suspended under this paragraph shall not be denied the opportunity to take any quarterly, semester or grading period examinations or to complete course work missed during the suspension period, as provided in the attendance policy established under s. 118.16 (4) (a).
9,2124u
Section 2124u. 120.13 (1) (c) 1. of the statutes is amended to read:
120.13 (1) (c) 1. The school board may expel a pupil from school whenever it finds the pupil guilty of repeated refusal or neglect to obey the rules, or finds that a pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or finds that the pupil engaged in conduct while at school or while under the supervision of a school authority which endangered the property, health or safety of others, or finds that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which endangered the property, health or safety of others at school or under the supervision of a school authority or endangered the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled, and is satisfied that the interest of the school demands the pupil's expulsion. In this subdivision, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.
9,2124vr
Section 2124vr. 120.13 (2) (g) of the statutes is amended to read:
120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13), 632.896, and 767.25 (4m) (d), 767.51 (3m) (d) and 767.62 (4) (b) 4.
9,2124vm
Section 2124vm. 120.13 (14) of the statutes is amended to read:
120.13 (14) Day care programs. Establish and provide or contract for the provision of day care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a day care program established under this subsection. Costs associated with a day care program under this subsection may not be included in shared costs under s. 121.07 (6). Day care programs established under this subsection shall meet the standards for licensed day care centers established by the department of health and family services. If a school board proposes to contract for or renew a contract for the provision of a day care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a day care program under this subsection, the school board shall refer the contractor or proposed contractor to the department of health and family services for the criminal history and child abuse record search required under s. 48.685. Each school board shall provide the department of health and family services with information about each person who is denied a contract for a reason specified in s. 48.685 (2) (4m) (a) 1. to 5.
9,2125
Section
2125. 120.13 (26r) of the statutes is amended to read:
120.13 (26r) Contracts for outpatient mental health and developmental disabilities services. Contract with the department of health and family services for outpatient services under s. 51.07 (4) 46.043.
9,2126
Section
2126. 120.13 (27m) of the statutes is amended to read:
120.13
(27m) Transportation of indigent pupils. Provide transportation to and from school for indigent pupils who reside in the school district and who are not required to be transported under s. 121.54. In this subsection, "indigent pupils" means pupils
who are eligible for free lunches or reduced-price lunches under
42 USC 1758 or aid to 18-year-old students under s. 49.20 or for whom aid to families with dependent children is being received under s. 49.19 or who are members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is participating in Wisconsin works under s. 49.147 (3) to (5) or any combination thereof, as determined by the school board. If a school board determines to provide transportation under this subsection, there shall be reasonable uniformity in the transportation furnished such pupils whether they attend public or private schools. The cost of transporting pupils under this subsection may not be included in the school district's shared cost under s. 121.07 (6) (a).
9,2126m
Section 2126m. 120.135 of the statutes is created to read:
120.135 Capital improvement fund. (1) By the first day of the 6th month commencing after the effective date of this subsection .... [revisor inserts date], by a two-thirds vote of the members elect, a school board may adopt a resolution creating a capital improvement fund for the purpose of financing the cost of acquiring and improving sites, constructing school facilities and major maintenance of or remodeling, renovating and improving school facilities.
(2) If a tax incremental district that is located in whole or in part in the school district is terminated before the maximum number of years that the tax incremental district would have existed under s. 66.46 (7) (am) or (ar), in each year in which the school board adopts a resolution by a two-thirds vote of the members elect expressing its intention to do so until the year after the year in which the tax incremental district would have been required to terminate under s. 66.46 (7) (am) or (ar), the school board shall deposit into the capital improvement fund the percentage specified in the resolution of the school district's portion of the positive tax increment of the tax incremental district in that year, as determined by the department of revenue under s. 66.46. If the value increment is less than $300,000,000, the percentage specified in the resolution may not exceed 66.7%.
(3) The school board shall use the balance of the school district's portion of the positive tax increment of the tax incremental district to reduce the levy that otherwise would be imposed.
(4) Money in the capital improvement fund may not be used for any purpose or be transferred to any other fund without the approval of a majority of the electors of the school district voting on the question at a referendum.
(5) The school board shall submit a report by January 1 of each odd-numbered year to the governor and the joint committee on finance describing the use of the moneys deposited into the fund under sub. (1) and the effects of that use.
9,2127
Section
2127. 121.004 (7) (a) (intro.) of the statutes is amended to read:
121.004 (7) (a) (intro.) "Pupils enrolled" is the total number of pupils, as expressed by official enrollments, in all schools of the school district, except as provided in pars. (b) to (e) (f). If such total contains a fraction, it shall be expressed as the nearest whole number. The same method shall be used in computing the number of pupils enrolled for resident pupils, nonresident pupils or both.
9,2128
Section
2128. 121.004 (7) (f) of the statutes is created to read:
121.004 (7) (f) A pupil who transfers from one school district to another under s. 121.85 (3) (a) shall be counted by the school district in which the pupil resides as 0.75 pupil or, if appropriate, as a number equal to the result obtained by multiplying 0.75 by the appropriate fraction under par. (c), (cm) or (d).
9,2128n
Section 2128n. 121.004 (8) of the statutes is amended to read:
121.004 (8) Summer average daily membership equivalent. "Summer average daily membership equivalent" is the sum of all total number of minutes in which pupils are enrolled in academic summer classroom classes or laboratory periods in which each pupil is enrolled as determined by multiplying the total number of periods in each day in which the pupil is enrolled by the total number of days for which the pupil is enrolled, as defined by the state superintendent under s. 121.14, divided by 1,080 48,600.
9,2128m
Section 2128m. 121.02 (1) (L) 5. of the statutes is repealed.
9,2129
Section
2129. 121.02 (1) (r) of the statutes is amended to read:
121.02 (1) (r) Annually Except as provided in s. 118.40 (2r) (d) 2., annually administer a standardized reading test developed by the department to all pupils enrolled in the school district in grade 3, including pupils enrolled in charter schools located in the school district.
9,2130
Section
2130. 121.02 (1) (s) of the statutes is amended to read:
121.02 (1) (s) Administer the examinations as required under s. 118.30 (1m) (a), (am) and (b) and, beginning in the 1999-2000 school year, administer the high school graduation examination required under s. 118.30 (1m) (d).
9,2131
Section
2131. 121.05 (1) (a) 4. of the statutes is repealed.
9,2131d
Section 2131d. 121.05 (1) (a) 8. of the statutes is amended to read:
121.05 (1) (a) 8. Pupils enrolled in a residential school operated by the state the Wisconsin School for the Deaf or the school operated by the Wisconsin Center for the Blind and Visually Impaired 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.
9,2132
Section
2132. 121.05 (1) (a) 9. of the statutes is amended to read:
121.05 (1) (a) 9. Pupils enrolled in a charter school, other than a charter school under s. 118.40 (2r).
9,2134
Section
2134. 121.05 (1) (a) 11. of the statutes is amended to read:
121.05 (1) (a) 11. Pupils residing in the school district but attending a public school in another school district under s. 118.51 or 121.85 (3) (a).
9,2135
Section
2135. 121.07 (1) (a) of the statutes is amended to read:
121.07 (1) (a) The membership of the school district in the previous school year and the shared cost for the previous school year shall be used in computing general aid, except that the membership used to compute state aid to the school district operating under ch. 119 shall include those pupils who are attending a private school under s. 119.23 in the current school year and were enrolled in grades kindergarten to 3 in a private school located in the city of Milwaukee other than under s. 119.23 in the previous school year. If a school district has a state trust fund loan as a result of s. 24.61 (3) (c) 2., the school district's debt service costs shall be based upon current school year costs for the term of the loan and for one additional school year.
9,2135t
Section 2135t. 121.07 (6) (a) (intro.) of the statutes is amended to read:
121.07 (6) (a) "Shared cost" is the sum of the net cost of the general fund and the net cost of the debt service fund, except that "shared cost" excludes any costs, including attorney fees, incurred by a school district as a result of its participation in a lawsuit commenced against the state, beginning with such costs incurred in the fiscal year in which the lawsuit is commenced
, excludes any expenditures from a capital improvement fund created under s. 120.135 and excludes the costs of transporting those transfer pupils for whom the school district operating under ch. 119 does not receive intradistrict transfer aid under s. 121.85 (6) as a result of s. 121.85 (6) (am). In this paragraph, "net cost of the debt service fund" includes all of the following amounts:
9,2136
Section
2136. 121.07 (7) (b) of the statutes is amended to read:
121.07 (7) (b) The "secondary guaranteed valuation per member" is an amount, rounded to the next lower dollar, that, after subtraction of payments under ss. 121.09, 121.105, and 121.85 (6) (b) 2. and 3. and (c)
and 121.86, fully distributes an amount equal to the amount remaining in the appropriation under s. 20.255 (2) (ac) plus $75,000,000 in the 1997-98 school year and $100,000,000 in the 1998-99 school year for payments under ss. 121.08 and, 121.105, 121.85 (6) (a) and (g) and 121.86.
9,2136m
Section 2136m. 121.08 (4) of the statutes is created to read:
121.08 (4) (a) The amount of state aid that a school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall be reduced by the amount determined as follows:
1. Add the amounts paid under s. 118.40 (2r) in the current school year.
2. Divide the sum under subd. 1. by the total amount of state aid that all school districts are eligible to be paid from the appropriation under s. 20.255 (2) (ac), calculated as if the reduction under par. (c) had not occurred.
3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac), calculated as if the reduction under par. (c) had not occurred, by the quotient under subd. 2.
(b) The amount of state aid that the school district operating under ch. 119 is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by 50% of the amounts paid under s. 119.23 (4) and (4m) in the current school year.
(c) The amount of state aid that each school district other than the school district operating under ch. 119 is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by an amount calculated as follows:
1. Add the amounts paid under s. 119.23 (4) and (4m) in the current school year and divide the sum by 2.
2. Divide the result obtained under subd. 1. by the total amount of state aid that all school districts other than the school district operating under ch. 119 are eligible to be paid from the appropriation under s. 20.255 (2) (ac), calculated as if the reduction under par. (a) had not occurred.
3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriation under s. 20.225 (2) (ac), calculated as if the reduction under par. (a) had not occurred, by the quotient under subd. 2.
(d) The state superintendent shall ensure that the total amount of aid reduction under pars. (a) to (c) lapses to the general fund.
9,2137
Section
2137. 121.105 (2) (a) 1. of the statutes is amended to read:
121.105 (2) (a) 1. If a school district would receive less than 85% of the state aid for the current school year in state aid in the current year than an amount equal to 85% of the state aid that it received as state aid in the previous school year, its state aid for the current school year shall be increased to an amount equal to 85% of the state aid received in the previous school year.
9,2137m
Section 2137m. 121.105 (2) (a) 2. of the statutes is amended to read:
121.105 (2) (a) 2. If a school district would receive less in state aid in the current school year than an amount equal to the aid that it received in the previous school year minus $1,000,000, its state aid for the current school year shall be increased to an amount equal to the state aid that it received in the previous school year minus $1,000,000. This subdivision does not apply after the 1998-99 school year.
9,2138
Section
2138. 121.105 (2) (a) 3. of the statutes is amended to read:
121.105 (2) (a) 3. A school district eligible for aid under subd. 1. and 2. in the 1998-99 school year shall receive the greater of the aid amounts under subd. 1. or 2. The additional aid shall be paid from the appropriations under s. 20.255 (2) (ac) and (q).
9,2139
Section 2139. 121.15 (3m) (a) 1. of the statutes is amended to read:
121.15 (3m) (a) 1. "Partial school revenues" means the sum of state school aids, other than the amounts appropriated under s. 20.255 (2) (bi) and (cv), and property taxes levied for school districts and aid paid to school districts under s. 79.095 (4), less the amount of any revenue limit increase under s. 121.91 (4) (a) 2. due to a school board's increasing the services that it provides by adding responsibility for providing a service transferred to it from another school board
and, less the amount of any revenue limit increase under s. 121.91 (4) (a) 3.
and less the amount of any revenue limit increase under s. 121.91 (4) (h).
9,2140
Section
2140. 121.15 (3m) (a) 2. of the statutes is amended to read:
121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (2), other than s. 20.255 (2)
(cs), (fm), (fu), (k) and (m), and under ss. 20.275 (1) (d), (es), (et), and (f), (fs) and (u) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) (s) that are used to provide grants or educational telecommunications access to school districts under s. 196.218 (4r) 44.73.
9,2141
Section
2141. 121.15 (4) of the statutes is renumbered 121.15 (4) (b) and amended to read:
121.15 (4) (b) On July 1 and October 15, using the most accurate data available, the state superintendent shall provide the department of revenue and each school district with an estimate of the total amount of state aid, as defined in s. 121.90 (2), the school district will receive in the current school year. On October 15, using the most accurate data available, the state superintendent shall calculate the total amount of state aid, as defined in s. 121.90 (2), that each school district will receive in the current school year. Any adjustments to that calculation shall be made by increasing or decreasing the payment made in September of the following school year.
9,2142
Section
2142. 121.15 (4) (a) of the statutes is created to read:
121.15 (4) (a) In this subsection, "state aid" has the meaning given in s. 121.90 (2) except that it excludes aid paid to school districts under s. 79.095 (4).
9,2142b
Section 2142b. 121.41 (2) of the statutes is amended to read:
121.41 (2) Fees. A school board
or the technical college system board may establish and collect reasonable fees for any driver education program or part of a program which is neither required for nor credited toward graduation. The school board or the technical college system board may waive any fee established under this subsection for any indigent pupil.
9,2142m
Section 2142m. 121.54 (3) of the statutes is amended to read:
121.54 (3) Transportation for children with disabilities. Every school board shall provide transportation for children with disabilities, as defined in s. 115.76 (5), to any public or private elementary or high school, to the Wisconsin school for the visually handicapped
school operated by the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin school School for the deaf Deaf or to any special education program for children with 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.
9,2142nd
Section 2142nd. 121.58 (5) of the statutes is amended to read:
121.58 (5) State superintendent approval. If the state superintendent is satisfied that transportation or board and lodging was provided in compliance with law, the state superintendent shall certify to the department of administration the sum due the school district. The state superintendent may not certify payment of state aid under sub. (2) for the number of pupils calculated under s. 121.85 (6) (am). In case of differences concerning the character and sufficiency of the transportation or board and lodging, the state superintendent may determine such matter and his or her decision is final.
9,2142nm
Section 2142nm. 121.85 (6) (a) (intro.) of the statutes is amended to read:
121.85 (6) (a) Intradistrict transfer. (intro.) The Except as provided under pars. (am) and (ar), the school district of attendance of pupils transferring from one attendance area to another under subs. (3) (b) and (4) shall be entitled to an amount determined as follows:
9,2143
Section
2143. 121.85 (6) (a) 2. of the statutes is amended to read:
121.85 (6) (a) 2. Multiply the number of transfer pupils, as counted for membership purposes under s. 121.004 (7), by 0.25.
9,2143m
Section 2143m. 121.85 (6) (am) of the statutes is created to read:
121.85 (6) (am) Reduction of intradistrict transfer aid. The school district operating under ch. 119 may not receive aid under par. (a) for the number of pupils calculated as follows, if the calculation results in a positive number:
1. In the 2000-01 school year:
a. Subtract from 75% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.
b. Multiply the result under subd. 1. a. by the total number of transfer pupils under par. (a) in the current school year.
2. In the 2001-02 school year:
a. Subtract from 80% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.
b. Multiply the result under subd. 2. a. by the total number of transfer pupils under par. (a) in the current school year.
3. In the 2002-03 school year:
a. Subtract from 90% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.
b. Multiply the result under subd. 3. a. by the total number of transfer pupils under par. (a) in the current school year.
4. In the 2003-04 school year:
a. Subtract from 95% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.
