2005 Wisconsin Act 25

25,1839u Section 1839u. 106.50 (6) (c) 2. of the statutes is amended to read:

106.50 (6) (c) 2. At the conclusion of the investigation of the allegations, the department shall make a determination as to whether probable cause exists to believe that discrimination has occurred or is about to occur. In making a determination of probable cause, the department shall consider whether the facts concerning the alleged discrimination are sufficient to warrant the initiation of a civil action. If the department determines that probable cause exists, the department shall immediately issue a charge on behalf of the aggrieved person and refer the charge to the attorney general. If the attorney general concurs in the department's determination of probable cause, the attorney general shall represent the aggrieved person at the hearing under par. (f) or, if an election is made under subd. 2m., shall commence a civil action in the name of the state on behalf of the aggrieved person under sub. (6m).

2m. Service of copies of the charge shall be made on the complainant, the respondent, and the aggrieved person by certified mail, return receipt requested. When a charge is filed, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action under sub. (6m) in lieu of a hearing under par. (f). The election shall be made no later than 20 days after the receipt by the electing person of service of the charge, along with information about how to make the election. If an election is made, the person making the election shall give notice of doing so to the department and to all other complainants and respondents to whom the charge relates. The department shall notify the aggrieved persons that an election is made.

25,1839v Section 1839v. 106.50 (6) (d) of the statutes is amended to read:

106.50 (6) (d) Temporary judicial relief. At any time after a complaint is filed alleging discrimination in violation of sub. (2), (2m), or (2r), the department may request the attorney general to file a petition in the circuit court for the county in which the act of discrimination allegedly occurred or for the county in which a respondent resides or transacts business, seeking a temporary injunction or restraining order against the respondent to prevent the respondent from performing an act that would tend to render ineffectual an order that the department may enter with respect to the complaint, pending final determination of proceedings under this section. On receipt of the department's request, the attorney general shall promptly file the petition.

25,1839w Section 1839w. 106.50 (6) (e) 4. of the statutes is amended to read:

106.50 (6) (e) 4. Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement, the department shall refer the matter to the department of justice attorney general with a recommendation that a civil action be filed for enforcement of the agreement.

25,1839x Section 1839x. 106.50 (6) (f) 2. of the statutes is amended to read:

106.50 (6) (f) 2. If an election is not made under par. (c) 2. 2m., the hearing shall be conducted by a hearing examiner. A If the attorney general has concurred in the department's determination of probable cause under par. (c) 2., the aggrieved person on whose behalf the charge was issued shall be represented by the attorney general. Any other person who is aggrieved, with respect to the issues to be determined at the hearing, may be represented by private counsel.

25,1839y Section 1839y. 106.50 (6) (f) 3. of the statutes is amended to read:

106.50 (6) (f) 3. The department, the attorney general, or a party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney shall be in substantially the same form as provided in s. 805.07 (4) and shall be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the hearing examiner who is responsible for conducting the hearing.

25,1839z Section 1839z. 106.50 (6m) (a) of the statutes is amended to read:

106.50 (6m) (a) Any person, including the state, alleging a violation of sub. (2), (2m), or (2r), including the attorney general on behalf of an aggrieved person, may bring a civil action for injunctive relief, for damages, including punitive damages, and, in the case of a prevailing plaintiff, for court costs and reasonable attorney fees.

25,1840 Section 1840. 108.02 (13) (k) of the statutes is amended to read:

108.02 (13) (k) "Employer" does not include a county department or aging unit, or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c).

25,1854g Section 1854g. 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.

25,1854m Section 1854m. 115.28 (7) (d) 2. of the statutes is created to read:

115.28 (7) (d) 2. Charge a fee of $150 for the initial and renewal teacher license of each resident applicant.

25,1855 Section 1855. 115.28 (45) of the statutes is created to read:

115.28 (45) Grants for advanced placement courses. From the appropriation under s. 20.255 (2) (fw), award grants to school districts to partially reimburse them for the costs of offering advanced placement courses in high schools that are not offering such courses. A grant may not exceed an amount equal to $300 multiplied by the number of pupils in the high school's advanced placement courses in the fall or spring session in which the grant is awarded.

25,1856f Section 1856f. 115.28 (48m) of the statutes is created to read:

115.28 (48m) Expenditure of federal administrative funds. Submit each proposal for the expenditure of federal administrative funding for federal programs administered by the department to the joint committee on finance. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the proposed expenditure's submission that the committee has scheduled a meeting to review the proposed expenditure, the proposed expenditure may be made. If, within 14 working days after the date of the proposed expenditure's submission, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed expenditure, the proposed expenditure may be made only upon the committee's approval.

25,1856m Section 1856m. 115.28 (52) of the statutes is created to read:

115.28 (52) Adult literacy grants. From the appropriation under s. 20.255 (3) (b), award grants to nonprofit organizations, as defined in s. 108.02 (19), to support programs that train community-based adult literacy staff and to establish new volunteer-based programs in areas of this state that have a demonstrated need for adult literacy services. No grant may exceed $10,000, and no organization may receive more than one grant in any fiscal year.

25,1856w Section 1856w. 115.28 (54) of the statutes is created to read:

115.28 (54) Second Chance Partnership. From the appropriation under s. 20.255 (2) (ep), pay to the Second Chance Partnership, a nonprofit corporation operating a program in which children at risk participate in apprenticeships while earning high school diplomas, an amount equal to $4,610 multiplied by the number of pupils participating in the program.

25,1857 Section 1857. 115.29 (6) of the statutes is created to read:

115.29 (6) English language proficiency assessment system. Assist in the establishment of, and participate in, a consortium of state education agencies organized to obtain public and private funds to be used to purchase an English language proficiency assessment system.

25,1857m Section 1857m. 115.34 (2) of the statutes is amended to read:

115.34 (2) The state superintendent shall make payments to school districts and to, private schools, charter schools under s. 118.40 (2r), the program under s. 115.52, and the center under s. 115.525 for school lunches served to children in the prior year as determined by the state superintendent from the appropriation under s. 20.255 (2) (cn). Payments to school districts and to private schools shall equal the state's matching obligation under 42 USC 1751 et seq. Payments in the current year shall be determined by prorating the state's matching obligation based on the number of school lunches served to children in the prior year. In this subsection, "private school" means any school defined in s. 115.001 (3r) which complies with the requirements of 42 USC 2000d.

25,1859 Section 1859. 115.3615 of the statutes is amended to read:

115.3615 Head start supplement. From the appropriations appropriation under s. 20.255 (2) (eh) and (kh), the state superintendent shall distribute funds to agencies determined by the state superintendent to be eligible for designation as head start agencies under 42 USC 9836 to provide comprehensive health, educational, nutritional, social and other services to economically disadvantaged children and their families. The state superintendent shall distribute the funds in a manner consistent with 42 USC 9831 to 9852 except that there is no matching fund requirement. The state superintendent shall give preference in funding under this section to agencies that are receiving federal funds under 42 USC 9831 to 9852 and to agencies that operate full-time or early head start programs. Funds distributed under this section may be used to match available federal funds under 42 USC 9831 to 9852 only if the funds are used to secure additional federal funds for the purposes under this section.

25,1861 Section 1861. 115.405 (1) of the statutes is renumbered 115.405 (1) (a) and amended to read:

115.405 (1) (a) A cooperative educational service agency or a consortium consisting of 2 or more school districts or cooperative educational service agencies, or a combination thereof, may apply to the department for a grant to provide technical assistance and training for teachers who are licensed or have been issued a permit under ss. 115.28 (7) and 118.192 to implement peer review and mentoring programs. An applicant for a grant under this section subsection shall submit to the department a plan identifying the school districts and cooperative educational service agencies that will participate in the peer review and mentoring program and describing how the grant funds will be allocated. As a condition of receiving a grant under this section subsection, a cooperative educational service agency or a consortium shall provide matching funds in an amount equal to at least 20% of the amount of the grant awarded. The matching funds may be in the form of money or in-kind services or both.

25,1862 Section 1862. 115.405 (2) of the statutes is renumbered 115.405 (1) (b) and amended to read:

115.405 (1) (b) The department shall award grants under par. (a) from the appropriation under s. 20.255 (2) (fk). The department may not award more than $25,000 to an applicant in a fiscal year.

25,1863 Section 1863. 115.405 (2m) of the statutes is created to read:

115.405 (2m) (a) In this subsection, "initial educator" means a person who is licensed by the department as an initial educator under s. PI 34.17, Wis. Adm. Code.

(b) From the appropriation under s. 20.255 (2) (kg), beginning in the 2006-07 school year the department shall award a grant to each person employing an initial educator in a position requiring a teaching license issued by the department under s. 115.28 (7), for each initial educator so employed. The amount of the grant shall be equal to the amount that the employer is spending to provide a mentor for the initial educator, but not more than $375. The employer shall use the money to provide a mentor for each initial educator employed.

(c) If the amount appropriated under s. 20.255 (2) (kg) in any fiscal year is insufficient to fully fund the grants under this subsection, the department shall prorate the payments to eligible persons.

25,1877 Section 1877. 115.88 (1) of the statutes is amended to read:

115.88 (1) Personnel. A school board, board of control of a cooperative educational service agency or, upon authorization of the county board, a county children with disabilities education board may employ, for a special education program, either full- or part-time licensed teachers, licensed coordinators of special education, licensed school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, 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 approved by the department. The board may contract with private or public agencies for physical or occupational therapy services on the basis of demonstrated need. A school board may contract with a charter school to provide special education services to pupils attending the charter school if the charter school is under contract with the school board under s. 118.40 (2m) and the charter school is not an instrumentality of the school district.

25,1877m Section 1877m. 115.88 (1m) (a) of the statutes is 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,; the salary portion of any contract to provide special education services to pupils attending a charter school, as authorized under sub. (1); and other expenses approved by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

25,1878 Section 1878. 115.88 (1m) (am) of the statutes is amended to read:

115.88 (1m) (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 nurses, licensed school social workers, licensed school psychologists, licensed school counselors, 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 under s. 20.255 (2) (b). The state superintendent may audit costs under this paragraph and adjust reimbursement to cover only actual, eligible costs.

25,1878c Section 1878c. 115.88 (2m) of the statutes is amended to read:

115.88 (2m) Other transportation aid. If the operator of a charter school established under s. 118.40 (2r) or established as a noninstrumentality charter school under s. 118.40 (2m) 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). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.

25,1879 Section 1879. 115.881 of the statutes is created to read:

115.881 Additional special education aid. (1) A school board, board of control of a cooperative educational service agency, county children with disabilities education board, or operator of a charter school established under s. 118.40 (2r) may apply to the department for aid under this section if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs were not eligible for reimbursement under s. 115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal medicaid.

(2) For each child whose costs exceeded $30,000 under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.90 multiplied by that portion of the cost under sub. (1) that exceeded $30,000.

(3) If the appropriation under s. 20.255 (2) (bd) is insufficient to pay the full amount of costs under sub. (2), the department shall prorate payments among eligible applicants.

25,1880 Section 1880. 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%.

25,1881 Section 1881. 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.

25,1883 Section 1883. 118.35 (4) of the statutes is created to read:

118.35 (4) From the appropriation under s. 20.255 (2) (fy), the department shall award grants to cooperative educational service agencies and the school district operating under ch. 119 for the purpose of providing advanced curriculum and assessments for gifted and talented middle school pupils.

25,1883f Section 1883f. 118.40 (2r) (c) 1. of the statutes is amended to read:

118.40 (2r) (c) 1. Except as provided in subd. subds. 3. and 4., only pupils who reside in the school district in which a charter school established under this subsection is located may attend the charter school.

25,1883g Section 1883g. 118.40 (2r) (c) 2. of the statutes is repealed.

25,1883r Section 1883r. 118.40 (2r) (c) 4. of the statutes is created to read:

118.40 (2r) (c) 4. 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, but the charter school shall give preference in admissions to pupils who reside in the school district operating under ch. 119.

25,1888m Section 1888m. 118.43 (2) (g) of the statutes is amended to read:

118.43 (2) (g) The department may renew an achievement guarantee contract under pars. (b), (bg), and (br) for one or more terms of 5 school years. As a condition of receiving payments under a renewal of an achievement guarantee contract, a school board shall maintain the reduction of class size achieved during the last school year of the original achievement guarantee contract for the grades specified for the last school year of the contract, but this condition does not apply to a school district under sub. (4m).

25,1888r Section 1888r. 118.43 (3) (intro.) of the statutes is amended to read:

118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am) and (ar) and sub. (4m), an achievement guarantee contract shall require the school board to do all of the following in each participating school:

25,1888s Section 1888s. 118.43 (4m) of the statutes is created to read:

118.43 (4m) Exceptions. A school district participating in the program under this section on or after the effective date of this subsection .... [revisor inserts date], may choose not to comply with the requirement to reduce class size to 15 in grades 2 or 3, or both, in any school.

25,1889 Section 1889. 118.43 (6) (a) of the statutes is amended to read:

118.43 (6) (a) In this subsection, "amount appropriated" means the amount appropriated under s. 20.255 (2) (cu) in any fiscal year less $250,000, plus the amount appropriated under s. 20.255 (2) (cv).

25,1890 Section 1890. 118.43 (6) (b) (intro.) of the statutes is amended to read:

118.43 (6) (b) (intro.) From the appropriations appropriation under s. 20.255 (2) (cu) and (cv), subject to par. (c), the department shall pay to each school district that has entered into a contract with the department under this section an amount determined as follows:

25,1891t Section 1891t. 118.43 (6) (b) 9. of the statutes is created to read:

118.43 (6) (b) 9. In the 2005-06 and any subsequent school year, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (2) (g). For purposes of this subdivision, the grades eligible for funding for a school district under sub. (4m) are those grades in which the school district chooses to comply with the requirement to reduce class size to 15.

25,1893m Section 1893m. 118.43 (6g) of the statutes is created to read:

118.43 (6g) Milwaukee Public Schools. Notwithstanding subs. (3), (4), and (4m), the department shall pay the school district operating under ch. 119 state aid under sub. (6), if the participating schools comply with either the requirements under subs. (3) or (4) or the requirements under s. 115.45. For purposes of state aid payments for participating schools under this subsection, the department shall multiply the per pupil payment amount by the number of low-income pupils enrolled in grades eligible for funding under this section.

25,1895d Section 1895d. 119.23 (1) (d) of the statutes is created to read:

119.23 (1) (d) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.

25,1895h Section 1895h. 119.23 (2) (a) 1. of the statutes is amended to read:

119.23 (2) (a) 1. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.75 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section if the pupil is a member of a family that has a total family income that does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. For purposes of admission to a private school under this section, siblings of pupils attending a private school under this section are subject to the higher income limit. If a pupil attending a private school under this section ceases to attend a private school under this section, the lower income limit applies unless the pupil is a sibling of a pupil attending a private school under this section.

25,1895p Section 1895p. 119.23 (2) (a) 2. of the statutes is repealed.

25,1895t Section 1895t. 119.23 (2) (a) 6. of the statutes is created to read:

119.23 (2) (a) 6. All of the private school's teachers have graduated from high school or been granted a declaration of equivalency of high school graduation.

25,1895v Section 1895v. 119.23 (4) (b) 2. of the statutes is amended to read:

119.23 (4) (b) 2. The amount paid per pupil under this paragraph in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) and (r) expressed as a decimal, but not less than zero.

25,1897 Section 1897. 121.007 of the statutes is amended to read:

121.007 Use of state aid; exemption from execution. All moneys paid to a school district under s. 20.255 (2) (ac), (bc), (cg), and (cr), and (r) shall be used by the school district solely for the purposes for which paid. Such moneys are exempt from execution, attachment, garnishment, or other process in favor of creditors, except as to claims for salaries or wages of teachers and other school employees and as to claims for school materials, supplies, fuel, and current repairs.