Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,330,23 " Section 2070m. 118.265 of the statutes is created to read:

AB133-ASA1-AA2,331,2 118.265 Contracts with labor organizations. (1) In this section, "labor organization" has the meaning given in s. 5.02 (8m).

AB133-ASA1-AA2,331,5 (2) The school board shall ensure that the specifications for bids and contracts for construction projects entered into by the school board do not do any of the following:

AB133-ASA1-AA2,331,8 (a) Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,331,11 (b) Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,331,14 (c) Require any bidder, contractor or subcontractor to enter into, continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB133-ASA1-AA2,331,15 1. Become members of or become affiliated with a labor organization.

AB133-ASA1-AA2,331,18 2. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB133-ASA1-AA2,331,23 (3) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with sub. (2). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.".

AB133-ASA1-AA2,331,24 801. Page 1108, line 25: substitute "be" for "include".

AB133-ASA1-AA2,332,3 802. Page 1109, line 3: delete the material beginning with ", and" and ending with "board" on line 4 and substitute ", which shall be based solely on the pupil's academic performance".

AB133-ASA1-AA2,332,4 803. Page 1109, line 15: substitute "be" for "include".

AB133-ASA1-AA2,332,7 804. Page 1109, line 18: delete the material beginning with ", and" and ending with "school" on line 19 and substitute ", which shall be based solely on the pupil's academic performance".

AB133-ASA1-AA2,332,8 805. Page 1111, line 15: after "paid" insert "per pupil".

AB133-ASA1-AA2,332,9 806. Page 1117, line 12: after that line insert:

AB133-ASA1-AA2,332,11 " Section 2109c. 119.23 (1) of the statutes is renumbered 119.23 (1) (intro.) and amended to read:

AB133-ASA1-AA2,332,12 119.23 (1) (intro.) In this section, "membership":

AB133-ASA1-AA2,332,13 (a) "Membership" has the meaning given in s. 121.004 (5).

AB133-ASA1-AA2, s. 2109g Section 2109g. 119.23 (1) (b) and (c) of the statutes are created to read:

AB133-ASA1-AA2,332,16 119.23 (1) (b) "Summer average daily membership equivalent" has the meaning given in s. 121.004 (8).

AB133-ASA1-AA2,332,22 (c) "Summer choice average daily membership equivalent" means the summer average daily membership equivalent of pupils who were attending a private school under this section on the 2nd Friday of January of the school term immediately preceding that summer or whose applications have been accepted under sub. (3) for attendance at the private school in the school term immediately following that summer.".

AB133-ASA1-AA2,332,23 807. Page 1117, line 12: after that line insert:

AB133-ASA1-AA2,332,24 " Section 2108m. 119.04 (1) of the statutes is amended to read:

AB133-ASA1-AA2,333,8 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.165, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (25) (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.".

AB133-ASA1-AA2,333,9 808. Page 1117, line 20: before "(intro.)" insert "(b)".

AB133-ASA1-AA2,333,10 809. Page 1117, line 22: after "(4)" insert "(b)".

AB133-ASA1-AA2,333,11 810. Page 1117, line 23: after "school" insert "during a school term".

AB133-ASA1-AA2,333,12 811. Page 1118, line 3: delete "(a)".

AB133-ASA1-AA2,333,13 812. Page 1118, line 8: delete "(b)" and substitute " (c)".

AB133-ASA1-AA2,333,14 813. Page 1118, line 8: delete "(a)" and substitute " (b)".

AB133-ASA1-AA2,333,17 814. Page 1118, line 9: after "May." insert "The state superintendent may include the entire amount under sub. (4m) in one of those instalments or apportion the entire amount among one or more of those instalments.".

AB133-ASA1-AA2,333,18 815. Page 1118, line 11: after that line insert:

AB133-ASA1-AA2,333,19 " Section 2109q. 119.23 (4) (a) of the statutes is created to read:

AB133-ASA1-AA2,333,23 119.23 (4) (a) Annually, on or before October 15, a private school participating in the program under this section shall file with the department a report stating its summer average daily membership equivalent and its summer choice average daily membership equivalent for the purpose of sub. (4m).".

AB133-ASA1-AA2,334,1 816. Page 1118, line 12: substitute "(b)" for "(a)".

AB133-ASA1-AA2,334,2 817. Page 1118, line 13: substitute "(b)" for "(a)".

AB133-ASA1-AA2,334,3 818. Page 1118, line 14: after "paid" insert "per pupil".

AB133-ASA1-AA2,334,4 819. Page 1118, line 14: after that line insert:

AB133-ASA1-AA2,334,5 " Section 2109s. 119.23 (4m) of the statutes is created to read:

AB133-ASA1-AA2,334,12 119.23 (4m) Beginning in the 1999-2000 school year, in addition to the payment under sub. (4) the state superintendent shall pay to the parent or guardian of each pupil enrolled in a private school under this section, in the manner described in sub. (4) (c), an amount determined by multiplying the payment under sub. (4) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).".

AB133-ASA1-AA2,334,13 820. Page 1119, line 8: after that line insert:

AB133-ASA1-AA2,334,14 " Section 2114a. 119.48 (4) (b) and (c) of the statutes are amended to read:

AB133-ASA1-AA2,334,19 119.48 (4) (b) The communication shall state the purposes for which the funds from the increase in the levy rate will be used and shall request the common council to submit to the voters of the city the question of exceeding the levy rate specified in s. 65.07 (1) (f) at the September election or a special an election authorized under s. 8.065.

AB133-ASA1-AA2,335,7 (c) Upon receipt of the communication, the common council shall cause the question of exceeding the levy rate specified under s. 65.07 (1) (f) to be submitted to the voters of the city at the September election or at a special next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the communication. The question of exceeding the levy rate specified under s. 65.07 (1) (f) shall be submitted upon a separate ballot or in some other manner so that the vote upon exceeding the levy rate specified in s. 65.07 (1) (f) is taken separately from any other question submitted to the voters. If a majority of the electors voting on the question favors exceeding the levy rate specified under s. 65.07 (1) (f), the common council shall approve the increase in the levy rate and shall levy and collect a tax equal to the amount of money approved by the electors.

AB133-ASA1-AA2, s. 2116a Section 2116a. 119.49 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,335,14 119.49 (1) (b) The communication shall state the amount of funds needed under par. (a) and the purposes for which the funds will be used and shall request the common council to submit to the voters of the city at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held in the city not sooner than 45 days after receipt of the communication the question of issuing school bonds in the amount and for the purposes stated in the communication.

AB133-ASA1-AA2, s. 2116b Section 2116b. 119.49 (2) of the statutes is amended to read:

AB133-ASA1-AA2,336,2 119.49 (2) Upon receipt of the communication, the common council shall cause the question of issuing such school bonds in the stated amount and for the stated school purposes to be submitted to the voters of the city at the next election held in the city authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs not sooner than 45 days after the date of receipt of the communication. The question of issuing such school bonds shall be submitted upon a separate ballot or in some other manner so that the vote upon issuing such school bonds is taken separately from any other question submitted to the voters. If a majority of the electors voting on the school bond question favors issuing such school bonds, the common council shall cause the school bonds to be issued immediately or within the period permitted by law, in the amount requested by the board and in the manner other bonds are issued.".

AB133-ASA1-AA2,336,3 821. Page 1121, line 18: after that line insert:

AB133-ASA1-AA2,336,4 " Section 2124m. 120.12 (15) of the statutes is amended to read:

AB133-ASA1-AA2,336,11 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employe's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours and conditions of employment.".

AB133-ASA1-AA2,336,12 822. Page 1121, line 18: after that line insert:

AB133-ASA1-AA2,336,13 " Section 2124m. 120.12 (26) of the statutes is created to read:

AB133-ASA1-AA2,336,15 120.12 (26) School safety plans. Have in effect a school safety plan for each school in the school district.

AB133-ASA1-AA2, s. 2124t Section 2124t. 120.13 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,338,2 120.13 (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).

AB133-ASA1-AA2, s. 2124u Section 2124u. 120.13 (1) (c) 1. of the statutes is amended to read:

AB133-ASA1-AA2,338,17 120.13 (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.".

AB133-ASA1-AA2,338,18 823. Page 1121, line 18: after that line insert:

AB133-ASA1-AA2,338,19 " Section 2124m. 120.13 (14) of the statutes is amended to read:

AB133-ASA1-AA2,339,11 120.13 (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.".

AB133-ASA1-AA2,339,14 824. Page 1122, line 21: delete lines 21 and 22 and substitute "follows or, if appropriate, as a number equal to the result obtained by multiplying the following number by the appropriate fraction under par. (c), (cm) or (d):

AB133-ASA1-AA2,339,15 1. In the 1999-2000 school year, 1.0 pupil.

AB133-ASA1-AA2,339,16 2. In the 2000-01 school year, 0.75 pupil.

AB133-ASA1-AA2,339,17 3. In the 2001-02 school year, 0.50 pupil.

AB133-ASA1-AA2,339,18 4. In the 2002-03 school year, 0.25 pupil.

AB133-ASA1-AA2,339,19 5. In the 2003-04 school year and thereafter, 0 pupil.".

AB133-ASA1-AA2,339,20 825. Page 1122, line 22: after that line insert:

AB133-ASA1-AA2,339,21 " Section 2128m. 121.02 (1) (L) 5. of the statutes is repealed.".

AB133-ASA1-AA2,339,22 826. Page 1122, line 22: after that line insert:

AB133-ASA1-AA2,339,23 " Section 2128m. 121.004 (8) of the statutes is amended to read:

AB133-ASA1-AA2,340,7 121.004 (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.".

AB133-ASA1-AA2,340,8 827. Page 1123, line 7: after that line insert:

AB133-ASA1-AA2,340,9 " Section 2131d. 121.05 (1) (a) 8. of the statutes is amended to read:

AB133-ASA1-AA2,340,16 121.05 (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.".

AB133-ASA1-AA2,340,18 828. Page 1124, line 21: delete "ss. 118.40 (2r) (e) and 119.23 (4)" and substitute "s. 118.40 (2r)".

AB133-ASA1-AA2,340,20 829. Page 1124, line 24: after "(ac)" insert ", calculated as if the reduction under par. (c) had not occurred".

AB133-ASA1-AA2,340,22 830. Page 1125, line 2: after "(ac)" insert ", calculated as if the reduction under par. (c) had not occurred,".

AB133-ASA1-AA2,340,23 831. Page 1125, line 2: after that line insert:

AB133-ASA1-AA2,341,3 "(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.

AB133-ASA1-AA2,341,6 (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:

AB133-ASA1-AA2,341,8 1. Add the amounts paid under s. 119.23 (4) and (4m) in the current school year and divide the sum by 2.

AB133-ASA1-AA2,341,12 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.

AB133-ASA1-AA2,341,15 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.".

AB133-ASA1-AA2,341,16 832. Page 1125, line 3: substitute "(d)" for "(b)".

AB133-ASA1-AA2,341,17 833. Page 1125, line 4: delete "par. (a)" and substitute "pars. (a) to (c)".

AB133-ASA1-AA2,341,18 834. Page 1127, line 17: after that line insert:

AB133-ASA1-AA2,341,19 " Section 2142m. 121.54 (3) of the statutes is amended to read:

AB133-ASA1-AA2,342,6 121.54 (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.".