SB45: Bill Text

SB45,988,12 115.88 (2) Transportation aid. If upon receipt of the plan under s. 115.77 (4) the state superintendent is satisfied that the transportation of children with disabilities has been maintained during the preceding year in accordance with the law, the 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 an amount equal to the amount expended for such transportation as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b) and (br). 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 under s. 20.255 (2) (b) and (br). This subsection applies to any child with a disability 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 a disability attending regular or special classes who does not require any special or additional transportation.

SB45, s. 2061 Section 2061. 115.88 (2m) of the statutes is created to read:

SB45,988,23 115.88 (2m) Other transportation aid. If the operator of a charter school established under s. 118.40 (2r) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o as though the operator of the charter school were a local educational agency, as defined in 20 USC 1401 (15), the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school estimates it will expend during the current school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b) and (br).

SB45, s. 2062 Section 2062. 115.88 (9) of the statutes is amended to read:

SB45,989,5 115.88 (9) Distribution schedule. Each county, cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) and school district entitled to state aid under this section shall receive 15% of its total aid entitlement in each month from November to March and 25% of its total entitlement in June.

SB45, s. 2063 Section 2063. 115.882 of the statutes is repealed and recreated to read:

SB45,989,10 115.882 Payment of state aid. Costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b) and (br) under ss. 115.88 (1m), (2) and (2m), 115.93 and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for such costs, not to exceed 100%.

SB45, s. 2064 Section 2064. 115.93 (1) of the statutes is renumbered 115.93 and amended to read:

SB45,989,22 115.93 State aid. Except as provided under sub. (2), if If upon receipt of the reports under s. 115.92 (2) the state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to 63% of the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the state superintendent . The department of administration shall pay such amounts to the school district as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

SB45, s. 2065 Section 2065. 115.93 (2) of the statutes is repealed.

SB45, s. 2066 Section 2066. 118.045 of the statutes is created to read:

SB45,990,3 118.045 Commencement of school term. (1) Except as provided in sub. (2), beginning in 2001, no public school may commence the school term until September 1.

SB45,990,5 (2) Subsection (1) does not prohibit a school board from doing any of the following:

SB45,990,6 (a) Holding athletic contests or practices before September 1.

SB45,990,7 (b) Scheduling in-service days or work days before September 1.

SB45,990,8 (c) Holding school year-round.

SB45, s. 2067 Section 2067. 118.125 (4) of the statutes is amended to read:

SB45,990,23 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile secured correctional facility or, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p). In this subsection, "school" and "school district" include any juvenile secured correctional facility, secured child caring institution as defined in s. 938.02 (15g), secured group home, adult correctional institution, mental health institute or center for the developmentally disabled, that provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

SB45, s. 2068 Section 2068. 118.153 (3m) of the statutes is renumbered 106.13 (4m) and amended to read:

SB45,991,11 106.13 (4m) (a) After reviewing the recommendations of the governor's council on workforce excellence under s. 106.115 (2) (em), the state superintendent The board may approve an innovative school-to-work program provided by a nonprofit organization for children at risk, as defined in s. 118.153 (1) (a), in a county having a population of 500,000 or more to assist those children at risk in acquiring employability skills and occupational-specific competencies before leaving high school. If the state superintendent board approves a program under this paragraph, the state superintendent board may award a grant, from the appropriation under s. 20.255 (3) (ef) 20.445 (7) (ef), to the nonprofit organization providing the program and the nonprofit organization shall use the funds received under the grant to provide the program.

SB45,991,14 (b) The state superintendent board shall establish requirements for the operation of the grant program under this subsection. Those Notwithstanding sub. (5), those requirements need not be promulgated as rules.

SB45, s. 2069 Section 2069. 118.19 (3m) of the statutes is created to read:

SB45,991,18 118.19 (3m) The state superintendent may not renew a license issued under s. 115.28 (7) (a) unless the person seeking renewal has received instruction in educational technology, as determined by the state superintendent by rule.

SB45, s. 2070 Section 2070. 118.255 (4) of the statutes is amended to read:

SB45,992,7 118.255 (4) If the state superintendent is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each school board, cooperative educational service agency and county children with disabilities education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in s. 115.88 (1m) by the school board, cooperative educational service agency and county children with disabilities education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county children with disabilities education board as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

SB45, s. 2071 Section 2071. 118.30 (1) (b) of the statutes is amended to read:

SB45,992,13 118.30 (1) (b) If the governor has issued pupil academic standards as an executive order under s. 14.23, the The department shall develop a high school graduation examination that is designed to measure whether pupils meet the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

SB45, s. 2072 Section 2072. 118.30 (1g) (a) of the statutes is renumbered 118.30 (1g) (a) 1.

SB45, s. 2073 Section 2073. 118.30 (1g) (a) 2. of the statutes is created to read:

SB45,992,21 118.30 (1g) (a) 2. By January 1, 2000, or by January 1 of the 1st school year of operation, whichever is later, each operator of a charter school under s. 118.40 (2r) shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history. The operator of the charter school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

SB45, s. 2074 Section 2074. 118.30 (1g) (b) of the statutes is amended to read:

SB45,993,9 118.30 (1g) (b) Each school board operating high school grades and each operator of a charter school under s. 118.40 (2r) that operates high school grades shall adopt a high school graduation examination that is designed to measure whether pupils meet the pupil academic standards adopted by the school board or operator of the charter school under par. (a). If the school board or operator of the charter school has adopted the pupil academic standards issued as an executive order under s. 14.23 no. 326, dated January 13, 1998, the school board or operator of the charter school may adopt the high school graduation examination developed by the department under sub. (1) (b). If a school board or operator of a charter school develops and adopts its own high school graduation examination, it shall notify the department annually by October 1 that it intends to administer the examination in the following school year.

SB45, s. 2075 Section 2075. 118.30 (1g) (c) of the statutes is amended to read:

SB45,993,17 118.30 (1g) (c) Each school board operating elementary grades and each operator of a charter school under s. 118.40 (2r) that operates elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board or operator of the charter school develops or adopts an examination under this paragraph, it shall notify the department.

SB45, s. 2076 Section 2076. 118.30 (1m) (intro.) of the statutes is amended to read:

SB45,993,20 118.30 (1m) (intro.) Except as otherwise provided in this section and in s. 118.40 (2r) (d), annually each school board shall do all of the following:

SB45, s. 2077 Section 2077. 118.30 (1m) (b) of the statutes is amended to read:

SB45,993,25 118.30 (1m) (b) Administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade. This paragraph does not apply after the 2000-01 school year.

SB45, s. 2078 Section 2078. 118.30 (1m) (d) of the statutes is renumbered 118.30 (1m) (d) 1. and amended to read:

SB45,994,9 118.30 (1m) (d) 1. If the school board operates high school grades, beginning in the 2000-01 school year administer the high school graduation examination adopted by the school board under sub. (1g) (b) to pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district. The school board shall administer the examination at least twice each school year. The school board shall determine the high school grades in which the examination will be administered each school year.

SB45, s. 2079 Section 2079. 118.30 (1m) (d) 2. of the statutes is created to read:

SB45,994,17 118.30 (1m) (d) 2. If the school board operates high school grades, beginning in the 2001-02 school year administer the high school graduation examination adopted by the school board under sub. (1g) (b) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 11th and 12th grades. The school board shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.

SB45, s. 2080 Section 2080. 118.30 (1r) of the statutes is created to read:

SB45,994,20 118.30 (1r) Annually each operator of a charter school under s. 118.40 (2r) shall do all of the following:

SB45,995,2 (a) 1. Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the charter school in the 4th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed or adopted its own 4th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5m) (a) 1.

SB45,995,7 2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the charter school in the 4th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

SB45,995,14 (am) 1. Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the charter school in the 8th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed and adopted its own 8th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5m) (b) 1.

SB45,995,19 2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the charter school in the 8th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

SB45,995,21 (b) Administer the 10th grade examination to all pupils enrolled in the charter school in the 10th grade.

SB45,996,2 (d) 1. If the charter school operates high school grades, in the 2000-01 school year administer the high school graduation examination adopted by the operator of the charter school under sub. (1g) (b) at least twice. The operator of the charter school shall determine the high school grades in which the examination will be administered.

SB45,996,8 2. If the charter school operates high school grades, beginning in the 2001-02 school year, administer the high school graduation examination adopted by the operator of the charter school under sub. (1g) (b) to all pupils enrolled in the 11th and 12th grades in the charter school. The operator of the charter school shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.

SB45, s. 2081 Section 2081. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

SB45,996,12 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or operator of the charter school under s. 118.40 (2r) shall comply with s. 115.77 (1) (1m) (bg).

SB45,996,18 2. According to criteria established by the state superintendent by rule, the school board or operator of the charter school under s. 118.40 (2r) may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.

SB45, s. 2082 Section 2082. 118.30 (2) (b) 3. of the statutes is amended to read:

SB45,996,22 118.30 (2) (b) 3. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under this section sub. (1m) (a), (am) or (b).

SB45, s. 2083 Section 2083. 118.30 (5m) of the statutes is created to read:

SB45,997,3 118.30 (5m) (a) Except as provided in par. (c), beginning on July 1, 2002, the operator of a charter school under s. 118.40 (2r) may not promote a 4th grade pupil to the 5th grade unless one of the following applies:

SB45,997,7 1. If the operator of the charter school does not administer its own 4th grade examination under sub. (1r) (a) 2., the pupil's score in each subject area on the examination administered under sub. (1r) (a) 1. is at the basic level or above, as determined by the state superintendent.

SB45,997,10 2. If the operator of the charter school board administers its own 4th grade examination under sub. (1r) (a) 2., the pupil achieves a passing score on that examination, as determined by the operator of the charter school.

SB45,997,13 (b) Except as provided in par. (c), beginning on July 1, 2002, the operator of a charter school under s. 118.40 (2r) may not promote an 8th grade pupil to the 9th grade unless one of the following applies:

SB45,997,17 1. If the operator of the charter school board does not administer its own 8th grade examination under sub. (1r) (am) 2., the pupil's score in each subject area on the examination administered under sub. (1r) (am) 1. is at the basic level or above, as determined by the state superintendent.

SB45,997,20 2. If the operator of the charter school administers its own 8th grade examination under sub. (1r) (am) 2., the pupil achieves a passing score on that examination, as determined by the operator of the charter school.

SB45,998,2 (c) The operator of a charter school under s. 118.40 (2r) shall develop alternative criteria for evaluating a pupil who did not take the 4th grade or the 8th grade examination that was required for promotion as a result of sub. (2) (b). The operator of the charter school may promote a pupil who did not take the examination that was required for promotion as a result of sub. (2) (b) if the pupil satisfies the alternative criteria.

SB45, s. 2084 Section 2084. 118.30 (6) of the statutes is amended to read:

SB45,998,11 118.30 (6) A school board and an operator of a charter school under s. 118.40 (2r) is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) (a) if the school board or the operator of the charter school administers its own 4th and 8th grade examinations, the school board or operator of the charter school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1) (a), and the federal department of education approves.

SB45, s. 2085 Section 2085. 118.33 (1) (cm) of the statutes is amended to read:

SB45,998,18 118.33 (1) (cm) Except as provided in par. (e), beginning on September 1, 2002, neither a school board nor an operator of a charter school under s. 118.40 (2r) may not grant a high school diploma to any pupil unless the pupil has passed the high school graduation examination administered under s. 118.30 (1m) (d) or (1r) (d). A school board and an operator of a charter school under s. 118.40 (2r) shall provide a pupil with at least 4 opportunities to take the examination in the high school grades.

SB45, s. 2086 Section 2086. 118.33 (1) (e) of the statutes is amended to read:

SB45,999,4 118.33 (1) (e) Each school board and operator of a charter school under s. 118.40 (2r) shall develop alternative criteria for evaluating a pupil who has been excused from the high school graduation examination under s. 118.30 (2) (b) 3. 1. or 2. A school board may grant a high school diploma to a pupil who has been excused from the high school graduation examination under s. 118.30 (2) (b) 3. 1. or 2. if the pupil satisfies all of the other requirements under this subsection and satisfies the other alternative criteria. The operator of a charter school under s. 118.40 (2r) may grant a high school diploma to a pupil who has been excused from the high school graduation examination under s. 118.30 (2) (b) 1. or 2. if the pupil satisfies the alternative criteria.

SB45, s. 2087 Section 2087. 118.38 (1) (a) 7. of the statutes is amended to read:

SB45,999,7 118.38 (1) (a) 7. Licensure or certification under s. 115.28 (7) or (7m) other than the licensure of the school district administrator or business manager.

SB45, s. 2088 Section 2088. 118.40 (2) (a) of the statutes is amended to read:

SB45,999,14 118.40 (2) (a) Within 30 days after receiving a petition under sub. (1m) the school board shall hold a public hearing on the petition. At the hearing, the school board shall consider the level of employe and parental support for the establishment of the charter school described in the petition and the fiscal impact of the establishment of the charter school on the school district. After the hearing, the school board may grant the petition.

SB45, s. 2089 Section 2089. 118.40 (2) (c) of the statutes is amended to read:

SB45,999,22 118.40 (2) (c) The school board of the school district operating under ch. 119 shall either grant or deny the petition within 30 days after the public hearing. If the school board of the school district operating under ch. 119 denies a petition, the person seeking to establish the charter school may, within 30 days after the denial, appeal the denial to the department. The department shall issue a decision within 30 days after receiving the appeal. The department's decision is final and not subject to judicial review under ch. 227.

SB45, s. 2090 Section 2090. 118.40 (2r) (d) 2. of the statutes is amended to read:

SB45,999,25 118.40 (2r) (d) 2. Administer the examinations under ss. 118.30 (1m) (1r) and 121.02 (1) (r) to pupils enrolled in charter schools under this subsection.

SB45, s. 2091 Section 2091. 118.40 (2r) (f) of the statutes is repealed.

SB45, s. 2092 Section 2092. 118.40 (2r) (g) of the statutes is repealed.

SB45, s. 2093 Section 2093. 118.40 (7) (am) 1. of the statutes is amended to read:

SB45,1000,11 118.40 (7) (am) 1. Except as provided in subds. subd. 2. and 3., if a charter school is established under sub. (2m) and located in the school district operating under ch. 119, the school board of that school district shall determine whether or not the charter school is an instrumentality of the school district. If the school board determines that a charter school is an instrumentality of the school district, the school board shall employ all personnel for the charter school. If the school board determines that a charter school is not an instrumentality of the school district, the school board may not employ any personnel for the charter school.

SB45, s. 2094 Section 2094. 118.40 (7) (am) 3. of the statutes is repealed.

SB45, s. 2095 Section 2095. 118.42 of the statutes is repealed.

SB45, s. 2096 Section 2096. 118.43 (2) (a) of the statutes is amended to read:

SB45,1000,20 118.43 (2) (a) The school board of any school district in which a school in the previous school year had an enrollment that was at least 50% low-income is eligible to participate in the program under this section, except that a school board is eligible to participate in the program under this section in the 2000-01 school year if in the 1998-99 school year a school in the school district had an enrollment that was at least 50% low-income.

SB45, s. 2097 Section 2097. 118.43 (2) (b) (intro.) of the statutes is amended to read:

SB45,1000,25 118.43 (2) (b) (intro.) In the 1996-97 and 1998-99 school years year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one school in the school district if all of the following apply:

SB45, s. 2098 Section 2098. 118.43 (2) (bg) of the statutes is created to read: