2003 Wisconsin Act 33

33,1992e Section 1992e. 111.91 (4) of the statutes is amended to read:

111.91 (4) The secretary of the department director of the office, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a), shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81 (7) (a) and with each certified labor organization representing employees specified in s. 111.81 (7) (b) to (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.

33,1992m Section 1992m. 111.915 of the statutes is amended to read:

111.915 Labor proposals. The secretary of the department director of the office shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

33,1992s Section 1992s. 111.92 (1) (a) of the statutes is amended to read:

111.92 (1) (a) Any tentative agreement reached between the department office, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (a) to (e) shall, after official ratification by the labor organization, be submitted by the department office to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

33,1992v Section 1992v. 111.94 (1) of the statutes is amended to read:

111.94 (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess of the uniform rate per page for any transcript produced by a reporter who is not employed by the commission shall be credited to the appropriation account under s. 20.425 (1) (g).

33,1993 Section 1993. 114.33 (10) of the statutes is amended to read:

114.33 (10) Subject to the approval of the governor under this subsection, the secretary may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the secretary when the secretary determines that the property is no longer necessary for the state's use for airport purposes and, if real property, the real property is not the subject of a petition under s. 16.375 560.9810. The secretary shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the property should be sold, together with an application for the governor's approval of the sale. The governor shall investigate the proposed sale as he or she deems necessary and approve or disapprove the application. Upon approval and receipt of the full purchase price, the secretary shall by appropriate deed or other instrument transfer the property to the purchaser. The funds derived from the sale shall be deposited in the appropriate airport fund, and the expense incurred by the secretary in connection with the sale shall be paid from that fund.

33,1993g Section 1993g. 115.28 (7) (d) of the statutes is renumbered 115.28 (7) (d) 1. and amended to read:

115.28 (7) (d) 1. Annually, Except as provided in subd. 2., annually establish fees for the certification or licensure of school and public library personnel sufficient to fund certification and licensing administrative costs.

33,1993r Section 1993r. 115.28 (7) (d) 2. of the statutes is created to read:

115.28 (7) (d) 2. Charge a fee of $150 for an initial or renewal teacher or administrator license issued to a resident of this state.

33,1993v Section 1993v. 115.28 (11) (intro.) of the statutes is amended to read:

115.28 (11) Driver education courses. (intro.) Approve driver education courses offered by school districts, county children with disabilities education boards, and technical college districts for the purposes of ss. 121.41 (1) and s. 343.16 (1) (c) 1. and establish minimum standards for driver education courses offered in private schools for the purposes of s. 343.16 (1) (c) 3. All driver education courses approved or for which standards are established under this subsection shall do all of the following:

33,1994d Section 1994d. 115.28 (25) of the statutes is amended to read:

115.28 (25) School technology resource grants. Consult with the technology for educational achievement in Wisconsin board department of administration before awarding school technology resource grants under 20 USC 6842.

33,1995 Section 1995. 115.28 (30) (b) 1. to 6. of the statutes are amended to read:

115.28 (30) (b) 1. Two One full-time consultants consultant in agriculture education.

2. Two One full-time consultants consultant in business education.

3. Two One full-time consultants consultant in technology education.

4. Two One full-time consultants consultant in family and consumer sciences education.

5. Two One full-time consultants consultant in marketing education.

6. One full-time half-time consultant in health science education.

33,1995d Section 1995d. 115.28 (45) of the statutes is repealed.

33,1995h Section 1995h. 115.28 (47) of the statutes is repealed.

33,1995m Section 1995m. 115.28 (50) of the statutes is created to read:

115.28 (50) Mentors. Annually distribute the amount appropriated under s. 20.255 (2) (hg) to school districts based on the number of full-time equivalent teachers employed by the school district. The school district shall use the money to fund mentors, as defined in s. PI 34.01 (34), Wis. Adm. Code.

33,1995t Section 1995t. 115.28 (51) of the statutes is created to read:

115.28 (51) Plan for use of federal funds. Annually submit to the joint committee on finance a plan for using federal funds for administrative purposes. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the plan's submission that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented as proposed by the department. If, within 14 working days after the date of the plan's submission, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the plan may be implemented only upon approval of the committee.

33,1996 Section 1996. 115.29 (4) of the statutes is renumbered 115.29 (4) (a).

33,1997 Section 1997. 115.29 (4) (b) of the statutes is created to read:

115.29 (4) (b) Promulgate rules establishing fees for issuing a declaration of equivalency of high school graduation or a general educational development certificate under par. (a). The rules may provide exemptions from the fees based on financial need.

33,1998 Section 1998. 115.345 (5) of the statutes is amended to read:

115.345 (5) The school board may file a claim with the department for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15% of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department approves the claim, it shall certify that payment is due and the state treasurer secretary of administration shall pay the claim from the appropriation under s. 20.255 (2) (cn).

33,1998g Section 1998g. 115.75 of the statutes is repealed.

33,1998k Section 1998k. 115.817 (10) (a) of the statutes is amended to read:

115.817 (10) (a) The board may apply for and receive the state aid under ss. s. 115.88 and 121.41 (1) for the transportation, board and lodging, treatment, and instruction of children participating in programs under this section.

33,1998m Section 1998m. 115.88 (1m) (a) and (am) of the statutes are amended to read:

115.88 (1m) (a) If, upon receipt of the plan under s. 115.77 (4), the state superintendent is satisfied that the special education 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 county, cooperative educational service agency and school district maintaining such special education program a sum equal to the amount expended by the county, agency and school district during the preceding year for salaries of personnel enumerated in sub. (1), including the salary portion of any authorized contract for physical or occupational therapy services, and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

(am) If the operator of a charter school established under s. 118.40 (2r) operates a special education program and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, 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 expended during the previous school year for salaries of full-time or part-time licensed teachers, licensed coordinators of special education, licensed school social workers, licensed school psychologists, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel, as determined by the state superintendent. Certified costs under this paragraph are eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb). The state superintendent may audit costs under this paragraph and adjust reimbursement to cover only actual, eligible costs.

33,1998n Section 1998n. 115.88 (2), (2m), (3), (4) and (6) of the statutes are amended to read:

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 an amount equal to the amount expended for such transportation as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb). Pupils for whom aid is paid under this subsection shall not be eligible for aid under s. 121.58 (2) or (4). 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.

(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, 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 expended during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b) and (bb). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.

(3) Board and lodging aid. There shall be paid the amount expended for board and lodging and transportation between the boarding home and the special education program of nonresident children enrolled under s. 115.82 (1) in the special education program. The department shall certify to the department of administration in favor of each school district, cooperative educational service agency, county children with disabilities education board, state agency of another state or private, nonsectarian special education service which operates the special education program while providing board, lodging and transportation an amount equal to the amount expended for such board and lodging and transportation as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

(4) Hospitals and convalescent home aid. The full cost of special education for children in hospitals and convalescent homes for orthopedically disabled children shall be paid from the appropriation appropriations under s. 20.255 (2) (b) and (bb). The supervision of such instruction shall be under the department and the school board of the school district in which the hospital or convalescent home is located. The school board of the district in which the hospital or convalescent home is located shall submit to the department an itemized statement of all revenues and expenditures for the actual cost of such instruction and any other information it requires.

(6) Aid for instruction outside of district. The department shall certify to the department of administration, in favor of each school district, an amount equal to the amount expended for salaries and travel expenses, as determined in advance by the state superintendent, for providing special education outside the school district of employment, as eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

33,1998no Section 1998no. 115.88 (8) of the statutes is amended to read:

115.88 (8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.51 or 121.84 (1) (a) or (4) a sum equal to the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

33,1999 Section 1999. 115.882 of the statutes is amended to read:

115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, less the amount paid by the department of health and family services under s. 20.435 (4) (b) and (o) under s. 49.45 (39) (b) 1m., not to exceed 100%.

33,1999c Section 1999c. 115.882 of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) and (bb) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, less the amount paid by the department of health and family services under s. 20.435 (4) (hm) and (o) under s. 49.45 (39) (b) 1m., not to exceed 100%.

33,1999n Section 1999n. 115.93 of the statutes is amended to read:

115.93 State aid. 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 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 as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

33,2006 Section 2006. 118.153 (1) (a) (intro.) of the statutes is amended to read:

118.153 (1) (a) (intro.) "Children at risk" means pupils in grades 5 to 12 who are at risk of not graduating from high school because they failed the high school graduation examination administered under s. 118.30 (1m) (d), are dropouts, or are 2 or more of the following:

33,2007 Section 2007. 118.153 (4) (b) of the statutes is amended to read:

118.153 (4) (b) Upon receipt of a school board's annual report under par. (a) the state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. 20.255 (2) (ac) and (r) in the previous school year.

33,2007m Section 2007m. 118.153 (4) (b) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

118.153 (4) (b) Upon receipt of a school board's annual report under par. (a) the state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., s. 20.255 (2) (r), 2003 stats., and s. 20.255 (2) (ac) and (r) in the previous school year.

33,2008 Section 2008. 118.153 (4) (c) 3. of the statutes is amended to read:

118.153 (4) (c) 3. The pupil, if a high school senior, received a high school diploma or passed the high school graduation examination administered under s. 118.30 (1m) (d).

33,2009m Section 2009m. 118.255 (4) of the statutes is amended to read:

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 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 as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

33,2010 Section 2010. 118.30 (1) (a) of the statutes is renumbered 118.30 (1).

33,2011 Section 2011. 118.30 (1) (b) of the statutes is repealed.

33,2012 Section 2012. 118.30 (1g) (b) of the statutes is repealed.

33,2013 Section 2013. 118.30 (1m) (d) of the statutes is repealed.

33,2014 Section 2014. 118.30 (1r) (a) 1. of the statutes is amended to read:

118.30 (1r) (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.

33,2015 Section 2015. 118.30 (1r) (am) 1. of the statutes is amended to read:

118.30 (1r) (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.

33,2016 Section 2016. 118.30 (1r) (d) of the statutes is repealed.

33,2017 Section 2017. 118.30 (2) (e) of the statutes is repealed.

33,2018 Section 2018. 118.33 (1) (f) 1. of the statutes is amended to read:

118.33 (1) (f) 1. By September 1, 2004, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under par. (a). The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (d), the pupil's academic performance, and the recommendations of teachers. Except as provided in subd. 2., the criteria apply to pupils enrolled in charter schools located in the school district.

33,2019 Section 2019. 118.33 (1) (f) 2. of the statutes is amended to read:

118.33 (1) (f) 2. By September 1, 2004, each operator of a charter school under s. 118.40 (2r) that operates high school grades shall develop a policy specifying criteria for granting a high school diploma. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1r) (d), the pupil's academic performance, and the recommendations of teachers.

33,2020 Section 2020. 118.34 (4) of the statutes is repealed.

33,2020g Section 2020g. 118.40 (2r) (c) 1. of the statutes is amended to read:

118.40 (2r) (c) 1. Only Except as provided in subd. 2., only pupils who reside in the school district in which a charter school established under this subsection is located may attend the charter school.

33,2020k Section 2020k. 118.40 (2r) (c) 2. of the statutes is repealed and recreated to read:

118.40 (2r) (c) 2. A pupil who resides outside the school district operating under ch. 119 may attend a charter school established under this subsection in the school district operating under ch. 119.

33,2020m Section 2020m. 118.40 (2r) (cm) of the statutes is amended to read:

118.40 (2r) (cm) The chancellor of the University of Wisconsin-Parkside may establish or enter into a contract for the establishment of only one charter school under this subsection, which may not operate high school grades and which may not accommodate more than 400 pupils.

33,2021 Section 2021. 118.40 (2r) (e) 1. of the statutes is amended to read:

118.40 (2r) (e) 1. From the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this subdivision in the previous school year and the amount of revenue increase in the per pupil allowed under subch. VII of ch. 121 amount paid to private schools under s. 119.23 (4) (b) 2. in the current school year as compared to the previous school year, multiplied by the number of pupils attending the charter school. The amount paid per pupil may not be less than the amount paid per pupil under this subdivision in the previous school year. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school.