Amendment ASA1-AB100

AB100-ASA1, s. 1877 Section 1877. 115.88 (1) of the statutes is amended to read:

AB100-ASA1,761,22 115.88 (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.

AB100-ASA1, s. 1877m Section 1877m. 115.88 (1m) (a) of the statutes is amended to read:

AB100-ASA1,762,10 115.88 (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).

AB100-ASA1, s. 1878 Section 1878. 115.88 (1m) (am) of the statutes is amended to read:

AB100-ASA1,762,25 115.88 (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.

AB100-ASA1, s. 1878c Section 1878c. 115.88 (2m) of the statutes is amended to read:

AB100-ASA1,763,12 115.88 (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.

AB100-ASA1, s. 1879 Section 1879. 115.881 of the statutes is created to read:

AB100-ASA1,763,21 115.881 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.

AB100-ASA1,763,25 (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.

AB100-ASA1,764,3 (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.

AB100-ASA1, s. 1880 Section 1880. 115.882 of the statutes is amended to read:

AB100-ASA1,764,11 115.882 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%.

AB100-ASA1, s. 1881 Section 1881. 118.153 (4) (b) of the statutes is amended to read:

AB100-ASA1,764,19 118.153 (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.

AB100-ASA1, s. 1883 Section 1883. 118.35 (4) of the statutes is created to read:

AB100-ASA1,764,24 118.35 (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.

AB100-ASA1, s. 1883f Section 1883f. 118.40 (2r) (c) 1. of the statutes is amended to read:

AB100-ASA1,765,3 118.40 (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.

AB100-ASA1, s. 1883g Section 1883g. 118.40 (2r) (c) 2. of the statutes is repealed.

AB100-ASA1, s. 1883r Section 1883r. 118.40 (2r) (c) 4. of the statutes is created to read:

AB100-ASA1,765,9 118.40 (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.

AB100-ASA1, s. 1888m Section 1888m. 118.43 (2) (g) of the statutes is amended to read:

AB100-ASA1,765,17 118.43 (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).

AB100-ASA1, s. 1888r Section 1888r. 118.43 (3) (intro.) of the statutes is amended to read:

AB100-ASA1,765,21 118.43 (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:

AB100-ASA1, s. 1888s Section 1888s. 118.43 (4m) of the statutes is created to read:

AB100-ASA1,766,2 118.43 (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.

AB100-ASA1, s. 1889 Section 1889. 118.43 (6) (a) of the statutes is amended to read:

AB100-ASA1,766,6 118.43 (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).

AB100-ASA1, s. 1890 Section 1890. 118.43 (6) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,766,11 118.43 (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:

AB100-ASA1, s. 1891t Section 1891t. 118.43 (6) (b) 9. of the statutes is created to read:

AB100-ASA1,766,18 118.43 (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.

AB100-ASA1, s. 1893m Section 1893m. 118.43 (6g) of the statutes is created to read:

AB100-ASA1,767,2 118.43 (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.

AB100-ASA1, s. 1895d Section 1895d. 119.23 (1) (d) of the statutes is created to read:

AB100-ASA1,767,5 119.23 (1) (d) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.

AB100-ASA1, s. 1895h Section 1895h. 119.23 (2) (a) 1. of the statutes is amended to read:

AB100-ASA1,767,19 119.23 (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.

AB100-ASA1, s. 1895p Section 1895p. 119.23 (2) (a) 2. of the statutes is repealed.

AB100-ASA1, s. 1895t Section 1895t. 119.23 (2) (a) 6. of the statutes is created to read:

AB100-ASA1,767,23 119.23 (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.

AB100-ASA1, s. 1895v Section 1895v. 119.23 (4) (b) 2. of the statutes is amended to read:

AB100-ASA1,768,4 119.23 (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.

AB100-ASA1, s. 1897 Section 1897. 121.007 of the statutes is amended to read:

AB100-ASA1,768,11 121.007 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.

AB100-ASA1, s. 1897g Section 1897g. 121.05 (1) (a) 9. of the statutes is amended to read:

AB100-ASA1,768,14 121.05 (1) (a) 9. Pupils enrolled in a charter school , other than a charter school under s. 118.40 (2r).

AB100-ASA1, s. 1897i Section 1897i. 121.07 (6) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,769,3 121.07 (6) (a) (intro.) "Shared cost" is the sum of the net cost of the general fund and the net cost of the debt service fund, except that "shared cost" excludes including the amount determined by multiplying the number of pupils who attended a charter school under s. 118.40 (2r) that is located in the school district by the amount paid by the state for each such pupil under s. 118.40 (2r), but excluding any costs, including attorney fees, incurred by a school district as a result of its participation in a lawsuit commenced against the state, beginning with such costs incurred in the fiscal year in which the lawsuit is commenced, excludes any expenditures from a capital improvement fund created under s. 120.135, and excludes the costs of transporting those transfer pupils for whom the school district operating under ch. 119 does not receive intradistrict transfer aid under s. 121.85 (6) as a result of s. 121.85 (6) (am). In this paragraph, "net cost of the debt service fund" includes all of the following amounts:

AB100-ASA1, s. 1897m Section 1897m. 121.07 (7) (b) of the statutes is amended to read:

AB100-ASA1,769,8 121.07 (7) (b) The "secondary guaranteed valuation per member" is an amount, rounded to the next lower dollar, that, after subtraction of payments under ss. 121.09 and 121.85 (6) (b) 2. and 3. and (c), fully distributes an amount equal to the amount remaining in the appropriations appropriation under s. 20.255 (2) (ac) and (r).

AB100-ASA1, s. 1898b Section 1898b. 121.08 (4) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,769,13 121.08 (4) (a) (intro.) The amount of state aid that a school district in which a charter school under s. 118.40 (2r) is located is eligible to be paid from the appropriations appropriation under s. 20.255 (2) (ac) and (r) shall be reduced by the amount determined as follows:

AB100-ASA1, s. 1898e Section 1898e. 121.08 (4) (a) 1. of the statutes is repealed and recreated to read:

AB100-ASA1,769,19 121.08 (4) (a) 1. Divide the number of pupils who in the current school year are attending charter schools under s. 118.40 (2r) that are located in the school district by the total number of pupils who in the current school year are attending charter schools under s. 118.40 (2r).

AB100-ASA1, s. 1898m Section 1898m. 121.08 (4) (a) 2. of the statutes is repealed and recreated to read:

AB100-ASA1,769,23 121.08 (4) (a) 2. Multiply the sum of the amounts paid under s. 118.40 (2r) in the current school year by the school district's quotient under subd. 1.

AB100-ASA1, s. 1898s Section 1898s. 121.08 (4) (a) 3. of the statutes is repealed.

AB100-ASA1, s. 1899 Section 1899. 121.08 (4) (b) of the statutes is amended to read:

AB100-ASA1,770,4 121.08 (4) (b) The amount of state aid that the school district operating under ch. 119 is eligible to be paid from the appropriations appropriation under s. 20.255 (2) (ac) and (r) shall also be reduced by 45% of the amounts paid under s. 119.23 (4) and (4m) in the current school year.

AB100-ASA1, s. 1899d Section 1899d. 121.08 (4) (c) of the statutes is created to read:

AB100-ASA1,770,12 121.08 (4) (c) The amount of state aid that a school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by an amount equal to the amount paid to the Second Chance Partnership under s. 115.28 (54) for pupils enrolled in the school district. The department shall ensure that the amount of the aid reduction lapses to the general fund and that it does not affect the amount determined to be received by a school district as state aid under this section for any other purpose.

AB100-ASA1, s. 1899m Section 1899m. 121.08 (4) (d) of the statutes is amended to read:

AB100-ASA1,770,17 121.08 (4) (d) The state superintendent shall ensure that the total amount of aid reduction under pars. (a) and (b) lapses to the general fund and that the aid reduction under par. (a) does not affect the amount determined to be received by a school district under this section for any other purpose.

AB100-ASA1, s. 1906 Section 1906. 121.58 (2) (a) of the statutes is renumbered 121.58 (2) (a) (intro.) and amended to read:

AB100-ASA1,770,24 121.58 (2) (a) (intro.) A school district which provides transportation to and from a school under ss. 121.54 (1) to (3), (5) and (6) and 121.57, and the nonresident school district that a pupil attends under s. 118.51 or 121.84 (4) which elects to provide transportation under s. 121.54 (10), shall be paid state aid for such transportation at the rate of $30 per school year per following rates:

AB100-ASA1,771,3 1. For each pupil so transported whose residence is at least 2 miles and not more than 5 miles from the school attended, $45 per school year per $30 per school year in the 2005-06 school year and $35 per school year thereafter.

AB100-ASA1,771,6 2. For each pupil so transported whose residence is at least more than 5 miles and not more than 8 miles from the school attended, $60 per school year per $45 per school year in the 2005-06 school year and $55 per school year thereafter.

AB100-ASA1,771,9 3. For each pupil so transported whose residence is at least more than 8 miles and not more than 12 miles from the school attended, $68 per school year per $82 per school year in the 2005 school year and $110 per school year thereafter.

AB100-ASA1,771,15 4. For each pupil so transported whose residence is at least 12 miles and not more than 15 12 miles from the school attended, $75 per school year per pupil so transported whose residence is at least 15 miles and not more than 18 miles from the school attended, and $85 per school year per pupil so transported whose residence is more than 18 miles from the school attended. Such state $150 per school year in the 2005-06 school year and $180 per school year thereafter.

AB100-ASA1,771,22 (am) State aid under par. (a) shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5), (6) and (10) and 121.57 or which willfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

AB100-ASA1, s. 1907 Section 1907. 121.58 (2) (b) of the statutes is amended to read:

AB100-ASA1,772,4 121.58 (2) (b) A school board that provides transportation under s. 121.54 (2) (am) shall be paid state aid for such transportation at the rates specified and according to the conditions established under par. pars. (a) and (am), except that the amount of state aid may not exceed the amount which the school district would receive for transporting the child between the child's residence and school attended under s. 121.54 (1) to (3), (5), (6) or (9) or 121.57.

AB100-ASA1, s. 1908 Section 1908. 121.58 (2) (c) of the statutes is amended to read:

AB100-ASA1,772,12 121.58 (2) (c) A school district which provides transportation to and from a school under s. 121.54 (9) shall be paid state aid for such transportation at the rate of $12 per school year per pupil so transported in the 2005-06 school year and $15 per school year per pupil so transported thereafter. Such state aid shall be reduced proportionately in the case of a pupil transported for less than a full year because of nonenrollment. State aid for such transportation shall not exceed the actual cost thereof.

AB100-ASA1, s. 1909m Section 1909m. 121.85 (6) (am) 5. of the statutes is amended to read:

AB100-ASA1,772,16 121.85 (6) (am) 5. In the 2004-05 school year and each school year thereafter, the number of pupils whose parents or guardians have not provided the board of school directors with written consent to a pupil transfer to another attendance area.

AB100-ASA1, s. 1909r Section 1909r. 121.85 (6) (am) 6. of the statutes is created to read:

AB100-ASA1,772,18 121.85 (6) (am) 6. In the 2005-06 school year and in each school year thereafter:

AB100-ASA1,772,21 a. Subtract from 95% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.

AB100-ASA1,772,23 b. Multiply the result under subd. 6. a. by the total number of transfer pupils under par. (a) in the current school year.

AB100-ASA1, s. 1912m Section 1912m. 121.90 (1) (f) of the statutes is created to read:

AB100-ASA1,773,5 121.90 (1) (f) In determining a school district's revenue limit for the 2005-06 school year or for any school year thereafter, the department shall include in the number of pupils enrolled in each school year prior to the 2005-06 school year all pupils attending charter schools under s. 118.40 (2r) that are located in the school district.

AB100-ASA1, s. 1913 Section 1913. 121.905 (1) of the statutes is amended to read:

AB100-ASA1,773,9 121.905 (1) In this section, "revenue ceiling" means $6,900, except that "revenue ceiling" means $7,400 $8,100 in the 2003-04 2005-06 school year and $7,800 $8,400 in any subsequent school year.

AB100-ASA1, s. 1915 Section 1915. 121.91 (2m) (e) (intro.) of the statutes is amended to read: