AB100-engrossed,773,214
115.88
(1) Personnel. A school board, board of control of a cooperative
15educational service agency or, upon authorization of the county board, a county
16children with disabilities education board may employ, for a special education
17program, either full- or part-time licensed teachers, licensed coordinators of special
18education,
licensed school nurses, licensed school social workers, licensed school
19psychologists,
licensed school counselors, paraprofessionals, licensed consulting
20teachers to work with any teacher of regular education programs who has a child
21with a disability in a class and any other personnel approved by the department. The
22board may contract with private or public agencies for physical or occupational
23therapy services on the basis of demonstrated need.
A school board may contract
24with a charter school to provide special education services to pupils attending the
1charter school if the charter school is under contract with the school board under s.
2118.40 (2m) and the charter school is not an instrumentality of the school district.
AB100-engrossed,773,154
115.88
(1m) (a) If, upon receipt of the plan under s. 115.77 (4), the state
5superintendent is satisfied that the special education program has been maintained
6during the preceding school year in accordance with law, the state superintendent
7shall certify to the department of administration in favor of each county, cooperative
8educational service agency
, and school district maintaining such special education
9program a sum equal to the amount expended by the county, agency
, and school
10district during the preceding year for salaries of personnel enumerated in sub. (1)
,
11including, the salary portion of any authorized contract for physical or occupational
12therapy services
,; the salary portion of any contract to provide special education
13services to pupils attending a charter school, as authorized under sub. (1); and other
14expenses approved by the state superintendent
, as costs eligible for reimbursement
15from the appropriation under s. 20.255 (2) (b).
AB100-engrossed,774,517
115.88
(1m) (am) If the operator of a charter school established under s. 118.40
18(2r) operates a special education program and the state superintendent is satisfied
19that the operator of the charter school is complying with
20 USC 1400 to
1491o, the
20state superintendent shall certify to the department of administration in favor of the
21operator of the charter school a sum equal to the amount that the operator of the
22charter school expended during the previous school year for salaries of full-time or
23part-time licensed teachers, licensed coordinators of special education,
licensed
24school nurses, licensed school social workers, licensed school psychologists,
licensed
25school counselors, paraprofessionals, licensed consulting teachers to work with any
1teacher of regular education programs who has a child with a disability in a class and
2any other personnel, as determined by the state superintendent. Certified costs
3under this paragraph are eligible for reimbursement from the appropriation under
4s. 20.255 (2) (b). The state superintendent may audit costs under this paragraph and
5adjust reimbursement to cover only actual, eligible costs.
AB100-engrossed,774,177
115.88
(2m) Other transportation aid. If the operator of a charter school
8established under s. 118.40 (2r)
or established as a noninstrumentality charter
9school under s. 118.40 (2m) transports children with disabilities and the state
10superintendent is satisfied that the operator of the charter school is complying with
1120 USC 1400 to
1491o, the state superintendent shall certify to the department of
12administration in favor of the operator of the charter school a sum equal to the
13amount that the operator of the charter school expended during the previous school
14year for transportation under this subsection as costs eligible for reimbursement
15from the appropriations under s. 20.255 (2) (b). The state superintendent may audit
16costs under this subsection and adjust reimbursement to cover only actual, eligible
17costs.
AB100-engrossed,775,2
19115.881 Additional special education aid. (1) A school board, board of
20control of a cooperative educational service agency, county children with disabilities
21education board, or operator of a charter school established under s. 118.40 (2r) may
22apply to the department for aid under this section if the applicant incurred, in the
23previous school year, more than $30,000 of nonadministrative costs for providing
24special education and related services to a child and those costs were not eligible for
1reimbursement under s. 115.88, 115.93, or 118.255,
20 USC 1400 et seq., or federal
2medicaid.
AB100-engrossed,775,6
3(2) For each child whose costs exceeded $30,000 under sub. (1), the department
4shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the
5current school year an amount equal to 0.90 multiplied by that portion of the cost
6under sub. (1) that exceeded $30,000.
AB100-engrossed,775,9
7(3) If the appropriation under s. 20.255 (2) (bd) is insufficient to pay the full
8amount of costs under sub. (2), the department shall prorate payments among
9eligible applicants.
AB100-engrossed,775,17
11115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b)
12shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement
13from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8),
14115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount
15appropriated for reimbursement for the costs,
less the amount paid by the
16department of health and family services under s. 20.435 (4) (b) and (o) under s. 49.45
17(39) (b) 1m., not to exceed 100%.
AB100-engrossed,775,2519
118.153
(4) (b) Upon receipt of a school board's annual report under par. (a) the
20state superintendent shall pay to the school district from the appropriation under s.
2120.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved
22at least 3 of the objectives under par. (c) in the previous school year, additional state
23aid in an amount equal to 10% of the school district's average per pupil aids provided
24under s. 20.835 (7) (a), 1991 stats., and s. 20.255 (2) (ac)
and (r) in the previous school
25year.
AB100-engrossed,776,52
118.35
(4) From the appropriation under s. 20.255 (2) (fy), the department shall
3award grants to cooperative educational service agencies and the school district
4operating under ch. 119 for the purpose of providing advanced curriculum and
5assessments for gifted and talented middle school pupils.
AB100-engrossed,776,97
118.40
(2r) (c) 1. Except as provided in
subd. subds. 3.
and 4., only pupils who
8reside in the school district in which a charter school established under this
9subsection is located may attend the charter school.
AB100-engrossed,776,1512
118.40
(2r) (c) 4. A pupil who resides outside the school district operating under
13ch. 119 may attend a charter school established under this subsection in the school
14district operating under ch. 119, but the charter school shall give preference in
15admissions to pupils who reside in the school district operating under ch. 119.
AB100-engrossed,776,2317
118.43
(2) (g) The department may renew an achievement guarantee contract
18under pars. (b), (bg), and (br) for one or more terms of 5 school years. As a condition
19of receiving payments under a renewal of an achievement guarantee contract, a
20school board shall maintain the reduction of class size achieved during the last school
21year of the original achievement guarantee contract for the grades specified for the
22last school year of the contract
, but this condition does not apply to a school district
23under sub. (4m).
AB100-engrossed,777,3
1118.43
(3) Contract requirements. (intro.) Except as provided in pars. (am)
2and (ar)
and sub. (4m), an achievement guarantee contract shall require the school
3board to do all of the following in each participating school:
AB100-engrossed,777,85
118.43
(4m) Exceptions. A school district participating in the program under
6this section on or after the effective date of this subsection .... [revisor inserts date],
7may choose not to comply with the requirement to reduce class size to 15 in grades
82 or 3, or both, in any school.
AB100-engrossed,777,1210
118.43
(6) (a) In this subsection, "amount appropriated" means the amount
11appropriated under s. 20.255 (2) (cu) in any fiscal year less $250,000
, plus the amount
12appropriated under s. 20.255 (2) (cv).
AB100-engrossed,777,1714
118.43
(6) (b) (intro.) From the
appropriations appropriation under s. 20.255
15(2) (cu)
and (cv), subject to par. (c), the department shall pay to each school district
16that has entered into a contract with the department under this section an amount
17determined as follows:
AB100-engrossed,777,2419
118.43
(6) (b) 9. In the 2005-06 and any subsequent school year, $2,000
20multiplied by the number of low-income pupils enrolled in grades eligible for funding
21in each school in the school district covered by renewals of contracts under sub. (2)
22(g). For purposes of this subdivision, the grades eligible for funding for a school
23district under sub. (4m) are those grades in which the school district chooses to
24comply with the requirement to reduce class size to 15.
AB100-engrossed,778,7
1118.43
(6g) Milwaukee Public Schools. Notwithstanding subs. (3), (4), and
2(4m), the department shall pay the school district operating under ch. 119 state aid
3under sub. (6), if the participating schools comply with either the requirements
4under subs. (3) or (4) or the requirements under s. 115.45. For purposes of state aid
5payments for participating schools under this subsection, the department shall
6multiply the per pupil payment amount by the number of low-income pupils enrolled
7in grades eligible for funding under this section.
AB100-engrossed,778,109
119.23
(1) (d) "Teacher" means a person who has primary responsibility for the
10academic instruction of pupils.
AB100-engrossed,778,2412
119.23
(2) (a) 1. The pupil is a member of a family that has a total family income
13that does not exceed an amount equal to 1.75 times the poverty level determined in
14accordance with criteria established by the director of the federal office of
15management and budget.
A pupil attending a private school under this section
16whose family income increases may continue to attend a private school under this
17section if the pupil is a member of a family that has a total family income that does
18not exceed an amount equal to 2.2 times the poverty level determined in accordance
19with criteria established by the director of the federal office of management and
20budget. For purposes of admission to a private school under this section, siblings of
21pupils attending a private school under this section are subject to the higher income
22limit. If a pupil attending a private school under this section ceases to attend a
23private school under this section, the lower income limit applies unless the pupil is
24a sibling of a pupil attending a private school under this section.
AB100-engrossed,779,32
119.23
(2) (a) 6. All of the private school's teachers have graduated from high
3school or been granted a declaration of equivalency of high school graduation.
AB100-engrossed,779,85
119.23
(4) (b) 2. The amount paid per pupil under this paragraph in the
6previous school year multiplied by the sum of 1.0 plus the percentage change from
7the previous school year to the current school year in the total amount appropriated
8under s. 20.255 (2) (ac)
and (r) expressed as a decimal, but not less than zero.
AB100-engrossed,779,15
10121.007 Use of state aid; exemption from execution. All moneys paid to
11a school district under s. 20.255 (2) (ac), (bc), (cg),
and (cr),
and (r) shall be used by
12the school district solely for the purposes for which paid. Such moneys are exempt
13from execution, attachment, garnishment, or other process in favor of creditors,
14except as to claims for salaries or wages of teachers and other school employees and
15as to claims for school materials, supplies, fuel, and current repairs.
AB100-engrossed,779,1817
121.05
(1) (a) 9. Pupils enrolled in a charter school
, other than a charter school
18under s. 118.40 (2r).
AB100-engrossed,780,720
121.07
(6) (a) (intro.) "Shared cost" is the sum of the net cost of the general fund
21and the net cost of the debt service fund,
except that "shared cost" excludes including
22the amount determined by multiplying the number of pupils who attended a charter
23school under s. 118.40 (2r) that is located in the school district by the amount paid
24by the state for each such pupil under s. 118.40 (2r), but excluding any costs,
25including attorney fees, incurred by a school district as a result of its participation
1in a lawsuit commenced against the state, beginning with such costs incurred in the
2fiscal year in which the lawsuit is commenced,
excludes any expenditures from a
3capital improvement fund created under s. 120.135
, and
excludes the costs of
4transporting those transfer pupils for whom the school district operating under ch.
5119 does not receive intradistrict transfer aid under s. 121.85 (6) as a result of s.
6121.85 (6) (am). In this paragraph, "net cost of the debt service fund" includes all of
7the following amounts:
AB100-engrossed,780,129
121.07
(7) (b) The "secondary guaranteed valuation per member" is an amount,
10rounded to the next lower dollar, that, after subtraction of payments under ss. 121.09
11and 121.85 (6) (b) 2. and 3. and (c), fully distributes an amount equal to the amount
12remaining in the
appropriations appropriation under s. 20.255 (2) (ac)
and (r).
AB100-engrossed,780,1714
121.08
(4) (a) (intro.) The amount of state aid that a school district
in which a
15charter school under s. 118.40 (2r) is located is eligible to be paid from the
16appropriations appropriation under s. 20.255 (2) (ac)
and (r) shall be reduced by the
17amount determined as follows:
AB100-engrossed,780,2320
121.08
(4) (a) 1. Divide the number of pupils who in the current school year are
21attending charter schools under s. 118.40 (2r) that are located in the school district
22by the total number of pupils who in the current school year are attending charter
23schools under s. 118.40 (2r).
AB100-engrossed,781,2
1121.08
(4) (a) 2. Multiply the sum of the amounts paid under s. 118.40 (2r) in
2the current school year by the school district's quotient under subd. 1.
AB100-engrossed,781,85
121.08
(4) (b) The amount of state aid that the school district operating under
6ch. 119 is eligible to be paid from the
appropriations
appropriation under s. 20.255
7(2) (ac)
and (r) shall also be reduced by 45% of the amounts paid under s. 119.23 (4)
8and (4m) in the current school year.
AB100-engrossed,781,1610
121.08
(4) (c) The amount of state aid that a school district is eligible to be paid
11from the appropriation under s. 20.255 (2) (ac) shall also be reduced by an amount
12equal to the amount paid to the Second Chance Partnership under s. 115.28 (54) for
13pupils enrolled in the school district. The department shall ensure that the amount
14of the aid reduction lapses to the general fund and that it does not affect the amount
15determined to be received by a school district as state aid under this section for any
16other purpose.
AB100-engrossed,781,2118
121.08
(4) (d) The state superintendent shall ensure that the total amount of
19aid reduction under pars. (a) and (b) lapses to the general fund
and that the aid
20reduction under par. (a) does not affect the amount determined to be received by a
21school district under this section for any other purpose.
AB100-engrossed, s. 1906
22Section
1906. 121.58 (2) (a) of the statutes is renumbered 121.58 (2) (a) (intro.)
23and amended to read:
AB100-engrossed,782,324
121.58
(2) (a) (intro.) A school district which provides transportation to and
25from a school under ss. 121.54 (1) to (3), (5) and (6) and 121.57, and the nonresident
1school district that a pupil attends under s. 118.51 or 121.84 (4) which elects to
2provide transportation under s. 121.54 (10), shall be paid state aid for such
3transportation at the
rate of $30 per school year per
following rates:
AB100-engrossed,782,6
41. For each pupil so transported whose residence is at least 2 miles and not more
5than 5 miles from the school attended,
$45 per school year per $30 per school year
6in the 2005-06 school year and $35 per school year thereafter.
AB100-engrossed,782,9
72. For each pupil so transported whose residence is
at least more than 5 miles
8and not more than 8 miles from the school attended,
$60 per school year per $45 per
9school year in the 2005-06 school year and $55 per school year thereafter.
AB100-engrossed,782,12
103. For each pupil so transported whose residence is
at least more than 8 miles
11and not more than 12 miles from the school attended,
$68 per school year per $82 per
12school year in the 2005 school year and $110 per school year thereafter.
AB100-engrossed,782,18
134. For each pupil so transported whose residence is
at least 12 miles and not 14more than
15 12 miles from the school attended,
$75 per school year per pupil so
15transported whose residence is at least 15 miles and not more than 18 miles from the
16school attended, and $85 per school year per pupil so transported whose residence
17is more than 18 miles from the school attended. Such state $150 per school year in
18the 2005-06 school year and $180 per school year thereafter.
AB100-engrossed,782,25
19(am) State aid
under par. (a) shall be reduced proportionately in the case of a
20pupil transported for less than a full school year because of nonenrollment. State aid
21for transportation shall not exceed the actual cost thereof. No state aid of any kind
22may be paid to a school district which charges the pupil transported or his or her
23parent or guardian any part of the cost of transportation provided under ss. 121.54
24(1) to (3), (5), (6) and (10) and 121.57 or which willfully or negligently fails to
25transport all pupils for whom transportation is required under s. 121.54.
AB100-engrossed,783,72
121.58
(2) (b) A school board that provides transportation under s. 121.54 (2)
3(am) shall be paid state aid for such transportation at the rates specified and
4according to the conditions established under
par.
pars. (a)
and (am), except that the
5amount of state aid may not exceed the amount which the school district would
6receive for transporting the child between the child's residence and school attended
7under s. 121.54 (1) to (3), (5), (6) or (9) or 121.57.
AB100-engrossed,783,159
121.58
(2) (c) A school district which provides transportation to and from a
10school under s. 121.54 (9) shall be paid state aid for such transportation at the rate
11of $12 per school year per pupil so transported
in the 2005-06 school year and $15
12per school year per pupil so transported thereafter. Such state aid shall be reduced
13proportionately in the case of a pupil transported for less than a full year because of
14nonenrollment. State aid for such transportation shall not exceed the actual cost
15thereof.
AB100-engrossed,783,1917
121.85
(6) (am) 5. In the 2004-05 school year
and each school year thereafter,
18the number of pupils whose parents or guardians have not provided the board of
19school directors with written consent to a pupil transfer to another attendance area.
AB100-engrossed,783,2121
121.85
(6) (am) 6. In the 2005-06 school year and in each school year thereafter:
AB100-engrossed,783,2422
a. Subtract from 95% the percentage of pupils whose parents or guardians have
23provided the board of school directors with written consent to a pupil transfer to
24another attendance area.
AB100-engrossed,784,2
1b. Multiply the result under subd. 6. a. by the total number of transfer pupils
2under par. (a) in the current school year.
AB100-engrossed,784,84
121.90
(1) (f) In determining a school district's revenue limit for the 2005-06
5school year or for any school year thereafter, the department shall include in the
6number of pupils enrolled in each school year prior to the 2005-06 school year all
7pupils attending charter schools under s. 118.40 (2r) that are located in the school
8district.
AB100-engrossed,784,1210
121.905
(1) In this section, "revenue ceiling" means
$6,900, except that
11"revenue ceiling" means $7,400 $8,100 in the
2003-04 2005-06 school year and
12$7,800 $8,400 in any subsequent school year.
AB100-engrossed,784,1714
121.91
(2m) (e) (intro.) Except as provided in subs. (3) and (4), no school district
15may increase its revenues for the 1999-2000
, 2000-01, 2001-02, 2002-03, 2003-04,
16or 2004-05 school year
or for any school year thereafter to an amount that exceeds
17the amount calculated as follows: