Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,247,21 e. A proposal to maintain any provision relating to a subject of collective bargaining on which the municipal employer was not required to bargain that existed in the previous collective bargaining agreement between the parties or that existed on the 90th day prior to the expiration of the previous collective bargaining agreement between the parties.

AB133-SSA1-SA1, s. 2035n Section 2035n. 111.70 (1) (nd) of the statutes is created to read:

AB133-SSA1-SA1,248,3 111.70 (1) (nd) "Qualified economic offer issues" means salaries, extra-duty pay, health insurance, major medical insurance, dental insurance, life insurance, disability insurance, vision insurance, long-term care insurance, worker's compensation and unemployment insurance, federal old-age, survivors, disability and health insurance under Titles II and XVIII of the federal Social Security Act, retirement contributions and supplemental retirement benefits.

AB133-SSA1-SA1, s. 2035p Section 2035p. 111.70 (4) (cm) 5s. of the statutes is renumbered 111.70 (4) (cm) 5s. a. and amended to read:

AB133-SSA1-SA1,249,25 111.70 (4) (cm) 5s. a. In a collective bargaining unit consisting of school district professional employes, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a qualified economic offer. The commission shall appoint an investigator for that purpose. If the investigator, using the methodology prescribed under subd. 8t., finds that the municipal employer has submitted a qualified economic offer, the investigator shall determine whether a deadlock exists between the parties with respect to all economic issues. If the municipal employer submits a qualified economic offer applicable to any period beginning on or after July 1, 1993 1999, no qualified economic offer issues are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, economic issues concerning the wages, hours or conditions of employment of the school district professional employes in the unit for any period prior to July 1, 1993, are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, noneconomic issues other than qualified economic offer issues applicable to any period on or after July 1, 1993 1999, are subject to interest arbitration after the parties have reached agreement and stipulate to agreement on all qualified economic offer issues concerning the wages, hours or conditions of employment of affecting the school district professional employes in the unit for that period. In such a collective bargaining unit, if the commission's investigator finds that the municipal employer has submitted a qualified economic offer and that a deadlock exists between the parties with respect to all economic issues, the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning qualified economic offer issues, or of all provisions of any existing collective bargaining agreement concerning qualified economic offer issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993 June 30, 1999, or the effective date of this subd. 5s. a., whichever is later, during the 90-day period prior to expiration of the period included within a qualified economic offer, operates as a full, final and complete settlement of all qualified economic offer issues between the parties for the period included within the qualified economic offer. The failure of a labor organization to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit qualified economic offer issues to arbitration under subd. 6. If the investigator determines that the municipal employer has not submitted a qualified economic offer, either the municipal employer or the labor organization may petition for arbitration under subd. 6. to resolve any dispute relating to qualified economic offer issues.

AB133-SSA1-SA1, s. 2035r Section 2035r. 111.70 (4) (cm) 5s. b. of the statutes is created to read:

AB133-SSA1-SA1,250,6 111.70 (4) (cm) 5s. b. In a collective bargaining unit consisting of school district professional employes, the impact of any change in any provision that existed in the previous collective bargaining agreement between the parties on which the municipal employer was not required to bargain is a mandatory subject of bargaining for purposes of subd. 6. d.

AB133-SSA1-SA1, s. 2035t Section 2035t. 111.70 (4) (cm) 8t. of the statutes is created to read:

AB133-SSA1-SA1,250,11 111.70 (4) (cm) 8t. `Methodology for determining qualified economic offers.' The commission shall prescribe by rule a methodology to be used in determining whether a collective bargaining proposal submitted by a municipal employer to a labor organization constitutes a qualified economic offer.".

AB133-SSA1-SA1,250,12 865. Page 1093, line 2: after that line insert:

AB133-SSA1-SA1,250,13 " Section 2037c. 111.91 (2) (r) of the statutes is created to read:

AB133-SSA1-SA1,250,15 111.91 (2) (r) The requirements related to offering point-of-service coverage under s. 609.23.".

AB133-SSA1-SA1,250,16 866. Page 1094, line 15: after that line insert:

AB133-SSA1-SA1,250,17 " Section 2041r. 115.28 (27) of the statutes is repealed.".

AB133-SSA1-SA1,250,18 867. Page 1094, line 22: after that line insert:

AB133-SSA1-SA1,250,19 " Section 2042m. 115.28 (42) of the statutes is created to read:

AB133-SSA1-SA1,251,2 115.28 (42) Foreign language instruction grants. Beginning in the 2000-01 fiscal year, award at least one grant in each fiscal year, on a competitive basis, to a school board or board of control of a cooperative educational service agency for the development and implementation of a foreign language instruction program in a public school in grades kindergarten to 6. The department shall award the grants from the appropriation under s. 20.255 (2) (fL). The department shall promulgate rules to implement and administer this subsection.".

AB133-SSA1-SA1,251,3 868. Page 1094, line 22: after that line insert:

AB133-SSA1-SA1,251,4 " Section 2042m. 115.28 (42) of the statutes is created to read:

AB133-SSA1-SA1,251,10 115.28 (42) Clearinghouse for information about school safety. Act as a clearinghouse for information about school safety, including information about school safety plans; reducing disruptive and violent behavior in schools; integrating school-based programs to reduce violence with other programs to reduce violence; alternative education programs; behavioral issues related to children with disabilities; and training staff in classroom management.".

AB133-SSA1-SA1,251,11 869. Page 1094, line 22: after that line insert:

AB133-SSA1-SA1,251,12 " Section 2042m. 115.341 of the statutes is repealed and recreated to read:

AB133-SSA1-SA1,251,18 115.341 School breakfast program. (1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board 10 cents for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable, and shall reimburse each governing body of a private school 10 cents for each breakfast served at the private school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable.

AB133-SSA1-SA1,251,22 (2) If the appropriation under s. 20.255 (2) (cm) in any fiscal year is insufficient to pay the full amount of aid under this section, the state superintendent shall prorate state aid payments among the school boards and governing bodies of private schools entitled to the aid.".

AB133-SSA1-SA1,251,23 870. Page 1094, line 22: after that line insert:

AB133-SSA1-SA1,251,24 " Section 2042g. 115.31 (1) (b) of the statutes is amended to read:

AB133-SSA1-SA1,252,9 115.31 (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 Wisconsin Center for the Blind and Visually Impaired, the Wisconsin school School for the deaf 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).".

AB133-SSA1-SA1,252,10 871. Page 1094, line 22: after that line insert:

AB133-SSA1-SA1,252,11 " Section 2042t. 115.28 (44) of the statutes is created to read:

AB133-SSA1-SA1,252,15 115.28 (44) Wisconsin Geographical education fund. Enter into an agreement with the National Geographic Society Education Foundation to establish the Wisconsin geographical education fund. The agreement shall require all of the following:

AB133-SSA1-SA1,252,17 (a) That the National Geographic Society Education Foundation manage the Wisconsin geographical education fund.

AB133-SSA1-SA1,252,20 (b) That the department award an initial grant of $500,000 from the appropriation under s. 20.255 (3) (eh) to the Wisconsin geographical education fund, to be matched by a grant from the National Geographic Society.

AB133-SSA1-SA1,252,23 (c) That income and appreciation from the Wisconsin geographical education fund be used to award grants and support programs to improve geographical education in this state.

AB133-SSA1-SA1,253,5 (d) That the National Geographic Society Education Foundation annually submit to the department an audited financial statement of the Wisconsin geographical education fund prepared by an independent auditor and a report listing the names of grant recipients and the amounts and purposes of awards and other expenditures made from the Wisconsin geographical education fund.

AB133-SSA1-SA1,253,9 (e) That, if the Wisconsin geographical education fund is dissolved, the National Geographic Society Education Foundation shall return to the department the department's original grant under this subsection and any accumulated and unexpended income thereon.".

AB133-SSA1-SA1,253,12 872. Page 1095, line 25: after "families" insert "if such families have incomes that are no more than 165% of the federal poverty line, as defined in 42 USC 9902 (2)".

AB133-SSA1-SA1,253,13 873. Page 1096, line 8: after that line insert:

AB133-SSA1-SA1,253,14 " Section 2048m. 115.366 of the statutes is created to read:

AB133-SSA1-SA1,253,19 115.366 Alternative education grants. (1) From the appropriation under s. 20.255 (2) (cf), the department shall award grants to school districts and consortia of school districts for alternative education programs, as defined by the department by rule. The department shall encourage rural school districts and consortia of school districts to apply for grants under this section.

AB133-SSA1-SA1,253,21 (2) The department shall promulgate rules to implement and administer this section.".

AB133-SSA1-SA1,253,22 874. Page 1096, line 8: after that line insert:

AB133-SSA1-SA1,253,23 " Section 2047g. 115.37 of the statutes is repealed and recreated to read:

AB133-SSA1-SA1,254,2 115.37 Blind and visual impairment education council. (1) In this section:

AB133-SSA1-SA1,254,3 (a) "Council" means the blind and visual impairment education council.

AB133-SSA1-SA1,254,4 (b) "Visually impaired" has the meaning given in s. 115.51 (4).

AB133-SSA1-SA1,254,8 (2) The state superintendent shall seek the advice of and consult with the council on issues related to persons who are visually impaired. The state superintendent and the director of the Wisconsin Center for the Blind and Visually Impaired, or their designees, shall attend meetings of the council.

AB133-SSA1-SA1,254,9 (3) The council shall do all of the following:

AB133-SSA1-SA1,254,10 (a) Meet at least twice each year.

AB133-SSA1-SA1,254,13 (b) Advise the state superintendent on such statewide services, activities, programs, investigations and research as in its judgment will benefit pupils who are visually impaired.

AB133-SSA1-SA1,254,15 (c) Make recommendations for the improvement of services provided by the Wisconsin Center for the Blind and Visually Impaired.

AB133-SSA1-SA1,254,17 (d) Review the level and quality of services available to pupils in the state who are visually impaired and make recommendations about those services.

AB133-SSA1-SA1,254,19 (e) Propose to the state superintendent ways to improve the preparation of teachers and other staff who provide services to pupils who are visually impaired.

AB133-SSA1-SA1,254,22 (f) Propose to the state superintendent ways to improve coordination between the department and other agencies in providing services to persons who are visually impaired.

AB133-SSA1-SA1,254,23 (4) The council may initiate consultations with the department.

AB133-SSA1-SA1,255,3 (5) The council shall have access to public files, public records and statistics kept in the department that relate to matters concerning children who are visually impaired.".

AB133-SSA1-SA1,255,4 875. Page 1097, line 2: after that line insert:

AB133-SSA1-SA1,255,5 " Section 2053m. 115.435 of the statutes is created to read:

AB133-SSA1-SA1,255,8 115.435 Supplemental aid. (1) A school district that satisfies all of the following criteria may apply to the department by October 15 of each school year for a grant to supplement aid under s. 121.08.

AB133-SSA1-SA1,255,10 (a) The school district had an enrollment in the previous school year of fewer than 500 pupils.

AB133-SSA1-SA1,255,11 (b) The school district is at least 200 square miles in area.

AB133-SSA1-SA1,255,14 (c) At least 65% of the real property in the school district is exempt from taxation under s. 70.11, owned by or held in trust for a federally recognized American Indian tribe or owned by the federal government.

AB133-SSA1-SA1,255,20 (2) No later than June 30 of the current school year, the department shall, from the appropriation under s. 20.255 (2) (ad), pay each school district that satisfies the criteria under sub. (1) $350 for each pupil enrolled in the school district in the previous school year. If the appropriation under s. 20.255 (2) (ad) is insufficient to pay the full amount under this subsection, the funds shall be prorated among the entitled school districts.

AB133-SSA1-SA1,255,22 (3) The department shall promulgate rules to implement and administer this section.".

AB133-SSA1-SA1,255,23 876. Page 1097, line 2: after that line insert:

AB133-SSA1-SA1,256,2 " Section 2053b. Subchapter III (title) of chapter 115 [precedes 115.51] of the statutes is amended to read:

AB133-SSA1-SA1,256,3 CHAPTER 115

AB133-SSA1-SA1,256,4 SUBCHAPTER III

AB133-SSA1-SA1,256,7 STATE SCHOOLS school for the deaf and STATE center for the blind and visually impaired

AB133-SSA1-SA1, s. 2053c Section 2053c. 115.51 (1) of the statutes is repealed.

AB133-SSA1-SA1, s. 2053d Section 2053d. 115.51 (3) and (4) of the statutes are created to read:

AB133-SSA1-SA1,256,10 115.51 (3) "Local educational agency" has the meaning given in s. 115.76 (10).

AB133-SSA1-SA1,256,13 (4) "Visually impaired" means loss of vision or blindness as described in the rule promulgated by the state superintendent to define "visual impairments" for the purposes of s. 115.76 (5) (a) 4.

AB133-SSA1-SA1, s. 2053f Section 2053f. 115.52 of the statutes is amended to read:

AB133-SSA1-SA1,256,20 115.52 Wisconsin schools School for the visually handicapped and the deaf Deaf. (1) The object of the Wisconsin school for the visually handicapped and the Wisconsin school School for the deaf Deaf is to afford persons with visual impairments and persons with hearing impairments 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.

AB133-SSA1-SA1,256,25 (2) The state superintendent shall maintain and govern the school for the visually handicapped and the school School for the deaf Deaf. The 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.

AB133-SSA1-SA1,257,15 (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 for the Deaf free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the 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 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 School for the Deaf. 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.

AB133-SSA1-SA1,257,22 (5) The state superintendent may grant approval for the maintenance of a summer school at the school School for the deaf Deaf whenever it will be to the advantage of persons with hearing impairments 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 children with visual impairments. There shall be a summer school each year at the school for the visually handicapped for adults with visual impairments.

AB133-SSA1-SA1,258,2 (6) The state superintendent may make charges for meals, living quarters, laundry and other services furnished to employes of the schools School for the Deaf and their families. The state superintendent also may make charges for services furnished to visitors at the schools school and participants in training programs and institutes.

AB133-SSA1-SA1,258,8 (7) The Wisconsin school School for the deaf Deaf may provide instruction for preschool children with hearing impairments and their parents. The Wisconsin school for the visually handicapped may provide instruction for preschool children with visual impairments and their parents. Such instruction or treatment shall be subject to the approval of, and shall comply with requirements established by, the department.

AB133-SSA1-SA1, s. 2053h Section 2053h. 115.525 of the statutes is created to read:

AB133-SSA1-SA1,258,12 115.525 Wisconsin Center for the Blind and Visually Impaired. (1) Definition. In this section, "center" means the Wisconsin Center for the Blind and Visually Impaired.

AB133-SSA1-SA1,258,15 (1m) Purpose. The purpose of the center is to serve as a statewide educational resource relating to visual impairments to benefit all Wisconsin children who are visually impaired.

AB133-SSA1-SA1,258,19 (2) Governance. The state superintendent shall maintain and govern the center. The state superintendent shall appoint an individual who has training and experience in educating pupils who are visually impaired to serve as the director of the center.

AB133-SSA1-SA1,258,21 (3) Services. The center shall provide services that benefit children throughout the state who are visually impaired.

AB133-SSA1-SA1,259,3 (a) School. 1. `Residents 3 to 20 years old.' The center shall operate a school at which any resident of this state 3 to 20 years old who is visually impaired, and for the duration of a school term any resident of this state who is visually impaired and becomes 21 years old during that school term, shall be received and taught free of charge if the individualized education program for the resident under s. 115.787 and the educational placement under s. 115.79 specify the school operated by the center as the appropriate placement.

AB133-SSA1-SA1,259,9 2. `Residents 21 years old or older.' The state superintendent may admit to the school operated by the center a resident of the state who is visually impaired and is 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the state superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the director of the center.

AB133-SSA1-SA1,259,16 3. `Nonresidents.' A nonresident of this state, who is visually impaired, who either is 3 to 20 years old or becomes 21 years old during a school term, whose individualized education program under 20 USC 1414 (d) and educational placement specify the school operated by the center as the appropriate placement and who is capable of receiving instruction may be received at the school upon payment in advance of the fees fixed by the state superintendent, but no nonresident may be received to the exclusion of a resident pupil.

AB133-SSA1-SA1,259,19 4. `Pupil use of residential facilities.' Except as provided in sub. (4), the director of the center shall make the residential facilities at the center available to all pupils received at the school operated by the center.

AB133-SSA1-SA1,259,24 5. `School term.' The state superintendent shall fix the period of the school term at the school operated by the center at not less than 38 weeks, prescribe the school sessions and confer diplomas upon meritorious pupils who have completed the prescribed curriculum. Pursuant to a pupil's individualized education program under s. 115.787, a pupil may be placed at the school for less than a school term.