115.435(1)(a) (a) The school district had an enrollment in the previous school year of fewer than 500 pupils.
115.435(1)(b) (b) The school district is at least 200 square miles in area.
115.435(1)(c) (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.
115.435(2) (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.
115.435(3) (3) The department shall promulgate rules to implement and administer this section.
115.435 History History: 1999 a. 9, 185.
115.44 115.44 Early identification program.
115.44(1) (1) The state superintendent shall establish an early identification program as part of the Wisconsin educational opportunity program under s. 115.28 (23). Early identification program costs shall be paid from the appropriation under s. 20.255 (1) (a). The early identification program shall assist minority and economically disadvantaged pupils in grades 8 to 12 in pursuing higher educational opportunities by providing direction toward attainment of career goals.
115.44(2) (2) Biennially, the state superintendent shall provide the governor and any appropriate standing committee of the legislature information on the performance of the early identification program and the postsecondary educational progress of the pupils who were enrolled in the program. The information shall include the number and ethnic backgrounds of the pupils who were enrolled in the program and college acceptance, retention and graduation rates of the pupils.
115.44 History History: 1987 a. 27; 1991 a. 39; 1995 a. 27 s. 9145 (1); 1997 a. 27.
115.45 115.45 Grants for preschool to grade 5 programs.
115.45(2) (2)
115.45(2)(a)(a) Annually by September 15, the school board, on its own initiative or upon receipt of an application from the principal of an elementary school located in the school district, may apply to the state superintendent for a grant under this section. The application shall include a plan specifying how the school board intends to meet the requirements under sub. (4), explaining the school board's selection process for individual schools and private service providers and identifying the schools in the school district, or the private service providers certified by the school board as providing the services under sub. (4) (b), to which the grant funds will be applied.
115.45(2)(b) (b) The council for Milwaukee public schools grant programs under s. 115.28 (20) shall review the applications submitted under par. (a) and make recommendations to the state superintendent regarding the schools to be selected and amounts of the grants to be awarded. The council's recommendations shall be based upon and include information regarding the degree to which the proposed projects will effectively meet the requirements under sub. (4).
115.45(3) (3) The state superintendent shall determine the amount of the grant, if any, to be awarded a school board submitting an application under sub. (2) (a). Amounts awarded shall be paid from the appropriation under s. 20.255 (2) (do). Amounts awarded shall be used by the school board to supplement existing elementary school programs and not to supplant or replace funds otherwise available for such programs.
115.45(3m) (3m)
115.45(3m)(a)(a) In this subsection:
115.45(3m)(a)1. 1. "Dropout" has the meaning given in s. 118.153 (1) (b).
115.45(3m)(a)2. 2. "Low-income pupil" means a pupil for whom aid to families with dependent children is being received under s. 49.19 or a pupil who is a member 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).
115.45(3m)(b) (b) The state superintendent shall give priority in awarding grants under this section to all of the following programs:
115.45(3m)(b)1. 1. Programs in existence on August 9, 1989, that have proven successful.
115.45(3m)(b)2. 2. Programs established in school districts with a high number of dropouts and low-income pupils.
115.45(3m)(b)3. 3. Programs in existence on July 1, 1991.
115.45(4) (4) The school board receiving an award under this section shall ensure that the schools or private service providers identified under sub. (2) (a) comply with all of the following requirements:
115.45(4)(a) (a) Each identified school or private service provider shall provide structured educational experiences for 4-year-old pupils. The structured educational experiences shall focus on the needs of low-income pupils and shall include activities that encourage early skill development.
115.45(4)(b) (b) Each identified school or private service provider shall annually test the pupils enrolled in grades 1 to 5 in reading, language arts and mathematics using tests approved by the department.
115.45(4)(c) (c) Each identified school or private service provider shall implement a multidisciplinary team approach to the identification and remediation of problems of pupils with significant needs.
115.45(4)(d) (d) Each identified school or private service provider shall restrict class size in all grades below the 6th grade to no more than 25 pupils for each teacher.
115.45(4)(e) (e) The principal of each identified school and the administrator of each identified private service provider shall annually prepare a written performance evaluation of each staff member providing services under this subsection.
115.45(4)(f) (f) All administrative and instructional staff in the elementary grades of each identified school or private service provider shall participate in in-service training that focuses on educational practices and policies identified by the department as effective in improving pupil achievement.
115.45(4)(g) (g) Each identified school shall:
115.45(4)(g)1. 1. Establish a council composed of teachers, parents of pupils enrolled in the school district, school board members and community leaders to monitor and make recommendations to the school board concerning the school's educational programs.
115.45(4)(g)2. 2. Develop plans to encourage and increase parental involvement in efforts to improve the quality of education.
115.45(4)(h) (h) Annually, each identified school or private service provider shall report to the state superintendent all of the following:
115.45(4)(h)1. 1. The results of the tests under par. (b).
115.45(4)(h)2. 2. The number and content of in-service training activities under par. (f).
115.45(4)(h)3. 3. The number and content of parental involvement activities and the number of parents attending each activity.
115.45(5) (5) Beginning in the 1987-88 school year, amounts awarded under this section should be awarded on the basis of improvements in academic performance.
115.45(6) (6) The state superintendent shall:
115.45(6)(a) (a) Establish criteria for measuring and evaluating improvements in academic performance for the purpose of sub. (5).
115.45(6)(b) (b) By March 1, 1986, and annually thereafter, submit to the joint committee on finance and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a budget report detailing the grants he or she intends to award under this section in the next fiscal year. The report shall provide summary data on the results of the annual testing required under sub. (4) (b) and include a description of the guidelines used to determine the individual schools and private service providers that will receive funds under this section and the types of expenditures eligible for such funds.
115.45(6)(c) (c) Annually submit to the legislature under s. 13.172 (2) a report on the academic progress made by pupils enrolled in preschool to grade 5 programs under this section.
115.45(7) (7) The joint committee on finance may review the budget report.
115.45(9) (9)
115.45(9)(a)(a) If a pupil attending a school receiving a grant under this section moves from the attendance area for that school to another attendance area after the 3rd Friday in September during any school term, the school board may offer the pupil the opportunity to continue to attend school for the remainder of the school term at the school he or she was originally attending.
115.45(9)(b) (b) The state superintendent may authorize a school district to use up to 8% of a grant to pay the costs of transporting pupils under par. (a).
115.45(9)(c) (c) The school districts receiving funds under par. (b) shall give first priority under par. (a) to first grade students.
115.45(10) (10) Grants under this section shall be awarded for a 3-year period. The state superintendent and the grant recipient shall jointly establish performance objectives for each proposed project and criteria for evaluating whether the project meets the objectives. At the end of the 3-year period, the state superintendent shall determine whether the project met its objectives. A grant may not be renewed unless the state superintendent determines that the project met its objectives.
115.45 History History: 1985 a. 29, 120, 224; 1987 a. 27 s. 1762m; Stats. 1987 s. 115.45; 1987 a. 186; 1989 a. 31; 1991 a. 39, 157, 269; 1995 a. 27 ss. 3886, 3887, 9145 (1); 1995 a. 289; 1997 a. 27.
115.46 115.46 Interstate agreement on qualification of educational personnel. The interstate agreement on qualification of educational personnel is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
115.46(1) (1)Article I - Purpose, Findings, and Policy.
115.46(1)(a)(a) The states party to this agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end.
115.46(1)(b) (b) The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower.
115.46(2) (2)Article II - Definitions. As used in this agreement and contracts made pursuant to it, unless the context clearly requires otherwise:
115.46(2)(a) (a) "Accept", or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.
115.46(2)(b) (b) "Designated state official" means the education official of a state selected by that state to negotiate and enter into, on behalf of that state, contracts pursuant to this agreement.
115.46(2)(c) (c) "Educational personnel" means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.
115.46(2)(d) (d) "Originating state" means a state, and the subdivisions of the state, if any, whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to sub. (3).
115.46(2)(e) (e) "Receiving state" means a state, and the subdivisions of the state, that accepts educational personnel in accordance with the terms of a contract made pursuant to sub. (3).
115.46(2)(f) (f) "State" means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.
115.46(3) (3)Article III - Interstate Educational Personnel Contracts.
115.46(3)(a)(a) The designated state official of a party state may make one or more contracts on behalf of the official's state with one or more party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this agreement. A designated state official may enter into a contract pursuant to this subsection only with states in which the official finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in the official's own state.
115.46(3)(b) (b) Any such contract shall provide for:
115.46(3)(b)1. 1. Its duration.
115.46(3)(b)2. 2. The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.
115.46(3)(b)3. 3. Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.
115.46(3)(b)4. 4. Any other necessary matters.
115.46(3)(c) (c) No contract made pursuant to this agreement shall be for a term longer than 5 years but any such contract may be renewed for like or lesser periods.
115.46(3)(d) (d) Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.
115.46(3)(e) (e) The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.
115.46(3)(f) (f) A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states.
115.46(4) (4)Article IV - Approved and Accepted Programs.
115.46(4)(a)(a) Nothing in this agreement shall be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state.
115.46(4)(b) (b) To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.
115.46(5) (5)Article V - Interstate Cooperation. The party states agree that:
115.46(5)(a) (a) They will, so far as practicable, prefer the making of multilateral contracts under sub. (3).
115.46(5)(b) (b) They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.
115.46(6) (6)Article VI - Agreement Evaluation. The designated state officials of any party states may meet from time to time as a group to evaluate progress under the agreement, and to formulate recommendations for changes.
115.46(7) (7)Article VII - Other Arrangements. Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.
115.46(8) (8)Article VIII - Effect and Withdrawal.
115.46(8)(a)(a) This agreement shall become effective when enacted into law by 2 states. Thereafter it shall become effective as to any state upon its enactment of this agreement.
115.46(8)(b) (b) Any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.
115.46(8)(c) (c) No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.
115.46(9) (9)Article IX - Construction and Severability. This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.
115.46 History History: 1981 c. 390; 1983 a. 189; 1993 a. 492; 1999 a. 83.
115.47 115.47 Designated state official under agreement. The "designated state official" for this state under s. 115.46 shall be the state superintendent.
115.47 History History: 1995 a. 27 s. 9145; 1997 a. 27.
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