SB300,30,107
10. Rent or lease technological materials and assistive technology devices, as
8defined in s. 115.76 (1), to local educational agencies, cooperative educational service
9agencies, county children with disabilities education boards,
and private schools
,
10and tribal schools.
Note: Includes tribal schools with those groups to which the Wisconsin
Educational Services Program for the Deaf and Hard of Hearing may provide the services
specified.
SB300, s. 56
11Section
56. 115.525 (3) (b) 2. of the statutes is amended to read:
SB300,30,1512
115.525
(3) (b) 2. Provide technical assistance and consultation services to
13entities such as local educational agencies, cooperative educational service agencies,
14county children with disabilities education boards
and
, private schools
, and tribal
15schools.
Note: Includes tribal schools with those groups to which the Wisconsin Center for
the Blind and Visually Impaired may provide technical assistance and consultation
services.
SB300, s. 57
16Section
57. 116.01 of the statutes is amended to read:
SB300,31,5
17116.01 Purpose. The organization of school districts in Wisconsin is such that
18the legislature recognizes the need for a service unit between the school district and
19the state superintendent. The cooperative educational service agencies are designed
20to serve educational needs in all areas of Wisconsin by serving as a link both between
21school districts and between school districts and the state. Cooperative educational
1service agencies may provide leadership, coordination
, and education services to
2school districts, University of Wisconsin System institutions
, and technical colleges.
3Cooperative educational service agencies may facilitate communication and
4cooperation among all public
and, private
, and tribal schools, agencies
, and
5organizations that provide services to pupils.
Note: Authorizes cooperative educational service agencies (CESAs) to facilitate
communication and cooperation among public, private, and tribal schools, agencies, and
organizations that provide services to pupils.
SB300, s. 58
6Section
58. 116.032 (1) and (3) (a) (intro.) of the statutes are amended to read:
SB300,31,127
116.032
(1) Subject to subs. (2) to (5), for the purpose of providing services to
8pupils
, a board of control may contract with school districts, University of Wisconsin
9System institutions, technical college district boards, private schools,
tribal schools, 10and agencies or organizations that provide services to pupils. A board of control may
11also contract with one or more school boards to operate a charter school under s.
12118.40 (3) (c).
SB300,31,16
13(3) (a) (intro.) A board of control may contract with a private school
, tribal
14school, or private agency or organization to provide a service or program to that
15private school
, tribal school, or private agency or organization only if all of the
16following apply:
Note: Subject to certain conditions, authorizes a CESA to contract with a tribal
school.
SB300, s. 59
17Section
59. 118.025 of the statutes is amended to read:
SB300,31,21
18118.025 Arbor day observance. A school The principal
of a public, private,
19or tribal school may request one free tree provided from state forest nurseries by the
20department of natural resources under s. 28.06 for each 4th grade pupil in the school
21for planting in conjunction with an annual observance and celebration of arbor day.
Note: Specifies that tribal schools may request trees from the state forest nursery
for arbor day observance.
SB300, s. 60
1Section
60. 118.08 (1) of the statutes is amended to read:
SB300,32,72
118.08
(1) On any street or highway which borders the grounds of any public
3or, private
, or tribal school in which school is held for a term of not less than 6 months,
4the authority in charge of the maintenance of the street or highway shall erect black
5and yellow "school" warning signs. The authority may also designate school
6crossings across any street or highway, whether or not the street or highway borders
7on the grounds of a school.
Note: Requires the authority in charge of a street or highway to erect school
warning signs, including signs for tribal schools.
SB300, s. 61
8Section
61. 118.125 (2) (n) of the statutes is amended to read:
SB300,32,229
118.125
(2) (n) For the purpose of providing services to a pupil before
10adjudication, a school board may disclose pupil records to a law enforcement agency,
11district attorney, city attorney, corporation counsel, agency, as defined in s. 938.78
12(1), intake worker under s. 48.067 or 938.067, court of record, municipal court,
13private school, or another school board if disclosure is pursuant to an interagency
14agreement and the person to whom the records are disclosed certifies in writing that
15the records will not be disclosed to any other person except as permitted under this
16subsection.
For the purpose of providing services to a pupil before adjudication, a
17school board may disclose pupil records to a tribal school if disclosure is pursuant to
18an agreement between the school board and the governing body of the tribal school
19and if the school board determines that enforceable protections are provided by a
20tribal school policy or tribal law that requires the tribal school official to whom the
21records are disclosed not to disclose the records to any other person except as
22permitted under this subsection.
Note: Current law provides that, for the purpose of providing services to a pupil
before adjudication, a school board may disclose pupil records to certain entities,
including a private school, if disclosure is pursuant to an interagency agreement and the
person to whom records are disclosed certifies that the records will not be disclosed to any
other person except as permitted under s. 118.125 (2), stats. The bill permits a school
board to disclose pupil records to a tribal school under this provision if disclosure is
pursuant to an agreement between the school board and the governing body of the tribal
school and if the school board determines that enforceable protections are provided by a
tribal school policy or tribal law that requires the tribal school official to whom the records
are disclosed not to disclose the records to any other person except as permitted under s.
118.125 (2), stats.
SB300, s. 62
1Section
62. 118.125 (4) of the statutes is amended to read:
SB300,33,152
118.125
(4) Transfer of records. Within 5 working days, a school district shall
3transfer to another school
, including a private school or tribal school, or school
4district all pupil records relating to a specific pupil if the transferring school district
5has received written notice from the pupil if he or she is an adult or his or her parent
6or guardian if the pupil is a minor that the pupil intends to enroll in the other school
7or school district or written notice from the other school or school district that the
8pupil has enrolled or from a court that the pupil has been placed in a secured
9correctional facility, as defined in s. 938.02 (15m), a secured child caring institution,
10as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).
11In this subsection, "school" and "school district" include any secured correctional
12facility, secured child caring institution, secured group home, adult correctional
13institution, mental health institute
, or center for the developmentally disabled, that
14provides an educational program for its residents instead of or in addition to that
15which is provided by public
and, private
, and tribal schools.
Note: Clarifies that, under current law, the requirement that a school district
transfer records to a school includes a requirement that a school district transfer records
to a tribal school. The bill also adds a reference to tribal schools in referring to a center
for the developmentally disabled that provides an educational program directly or in
addition to that provided by a tribal school.
SB300, s. 63
16Section
63. 118.127 (2) of the statutes is amended to read:
SB300,34,17
1118.127 (2) A school district
or, private school
, or tribal school may disclose
2information from law enforcement officers' records obtained under s. 938.396 (1m)
3only to persons employed by the school district who are required by the department
4under s. 115.28 (7) to hold a license, to persons employed by the private school
or
5tribal school as teachers and to other school district
or, private school
, or tribal school 6officials who have been determined by the school board or governing body of the
7private school
or tribal school to have legitimate educational interests, including
8safety interests, in that information. In addition, if that information relates to a
9pupil of the school district
or, private school,
or tribal school, the school district
or, 10private school
, or tribal school may also disclose that information to those employees
11of the school district
or, private school
, or tribal school who have been designated by
12the school board or governing body of the private school
or tribal school to receive that
13information for the purpose of providing treatment programs for pupils enrolled in
14the school district
or, private school
, or tribal school. A school district may not use
15law enforcement officers' records obtained under s. 938.396 (1m) as the sole basis for
16expelling or suspending a pupil or as the sole basis for taking any other disciplinary
17action, including action under the school district's athletic code, against a pupil.
Note: This amendment relates to the amendment to s. 938.396 (1m), below. If law
enforcement records are disclosed to a tribal school under that provision, the amendment
to s. 118.127 (2), stats., imposes duties on the tribal school that are the same as those
duties imposed on a private school that receives such information, namely, limiting to
whom the tribal school may disclose the information. (The amendment to s. 938.396 (1m),
stats., below, specifies that the law enforcement agency policy must specify that the law
enforcement agency cannot provide information under s. 938.396 (1m), stats., to a tribal
school unless the governing body of the tribal school agrees that the information will be
used by the tribal school in the same manner as public and private schools as provided
under s. 118.127 (2), stats.)
SB300, s. 64
18Section
64. 118.145 (3) and (4) of the statutes are amended to read:
SB300,35,719
118.145
(3) If the superintendent
or principal of a private school
or of a tribal
20school files with the department the course of study for elementary grades prescribed
1by such school and if such course of study is substantially equivalent to the course
2of study prepared for elementary grades by the department, a certificate or diploma
3or other written evidence issued by the superintendent
or principal of the private
4school
or tribal school showing that the pupil has completed such course of study
5shall entitle the pupil to admission to a public high school. The certificate or diploma
6or a certified copy thereof or a certified copy of a list of graduates shall be filed with
7the school district clerk of the school district operating the high school.
SB300,35,13
8(4) The school board of a school district operating high school grades shall allow
9a pupil enrolled in a private school
, a pupil enrolled in a tribal school, or a pupil
10enrolled in a home-based educational program, who has met the standards for
11admission to high school under sub. (1), to take up to 2 courses during each school
12semester if the pupil resides in the school district in which the public school is located
13and if the school board determines that there is sufficient space in the classroom.
Note: Permits a tribal school to file with DPI information about the elementary
school course of study which entitles a pupil having completed that course of study to be
admitted to a public high school. Also permits a tribal school pupil who has met the
standards for admission to high school to take up to 2 courses each semester at a public
high school in the school district in which the pupil resides if the school board determines
that there is sufficient space in the classroom. (Under s. 121.004 (7) (e), stats., public
schools receive some equalization aid for providing this instruction; under s. 121.05 (1)
(a) 12., stats., the number of these pupils is included in the annual school district report;
and under s. 121.54 (2) (c), stats., a school district may elect, but is not required, to provide
transportation for pupils under s. 118.145 (4), stats.)
SB300, s. 65
14Section
65. 118.15 (1) (a) of the statutes is amended to read:
SB300,36,215
118.15
(1) (a) Except as provided under pars. (b) to (d) and sub. (4), unless the
16child is excused under sub. (3) or has graduated from high school, any person having
17under control a child who is between the ages of 6 and 18 years shall cause the child
18to attend school regularly during the full period and hours, religious holidays
19excepted, that the public
or, private
, or tribal school in which the child should be
1enrolled is in session until the end of the school term, quarter
, or semester of the
2school year in which the child becomes 18 years of age.
Note: Current law does not clearly provide that attendance at a tribal school
satisfies the compulsory school attendance laws. The bill explicitly refers to attendance
at a tribal school.
The bill does not treat tribal schools similarly to private schools under the
compulsory school attendance laws in that private schools are required: (1) to keep
records, including: the dates school is held, the names and ages of pupils, the names and
addresses of parents of the pupils, and the dates pupils were present at school; and (2)
make that information available to the school board's school attendance officer. The bill
does not require tribal schools to do so.
SB300, s. 66
3Section
66. 118.15 (1) (d) 4. of the statutes is amended to read:
SB300,36,84
118.15
(1) (d) 4. Enrollment in any nonsectarian private school or program
, or
5tribal school, located in the school district in which the child resides, which complies
6with the requirements of
42 USC 2000d. Enrollment of a child under this subdivision
7shall be pursuant to a contractual agreement
which
under s. 121.78 (5) that provides
8for the payment of the child's tuition by the school district.
Note: Under current law, a child's parent or the child may request that the school
board provide program or curriculum modifications, including several items specified in
the statutes, including a request to attend a private school, rather than the public school.
The school board then decides the matter. The bill permits a curriculum modification to
be requested to attend a tribal school.
SB300, s. 67
9Section
67. 118.153 (1) (b) of the statutes is amended to read:
SB300,36,1310
118.153
(1) (b) "Dropout" means a child who ceased to attend school, does not
11attend a public
or, private
, or tribal school, technical college
, or home-based private
12educational program on a full-time basis, has not graduated from high school
, and
13does not have an acceptable excuse under s. 118.15 (1) (b) to (d) or (3).
Note: Exempts a child who attends tribal school from the definition of "dropout"
in the statute for children at risk of not graduating from high school programs. That
definition is used by cross-reference in several other statutes.
The bill does not amend s. 118.163, stats., relating to municipal truancy and school
dropout ordinances. However, the effect of the amendments noted above that include
tribal schools will affect s. 118.163, stats.
SB300, s. 68
14Section
68. 118.16 (2) (em) of the statutes is created to read:
SB300,37,3
1118.16
(2) (em) Shall request information regarding the attendance of any child
2between the ages of 6 and 18 who is a resident of the school district and who claims
3or is claimed to be in attendance at a tribal school.
Note: As part of the school attendance enforcement statute, current law requires
private schools to keep a record containing certain information about pupils, including
their attendance. Current law also specifies that a school attendance officer must have
access to this information at all reasonable times. [s. 118.16 (2) (e) and (3), stats.] The
bill requires a school attendance officer to request information about the attendance of
a child between the ages of 6 and 18 who is a resident of the school district and who claims
or is claimed to be attending a tribal school. The bill does not require the tribal school to
keep or provide the information to the school attendance officer.
SB300, s. 69
4Section
69. 118.162 (1) (am) and (m) of the statutes are created to read:
SB300,37,85
118.162
(1) (am) A representative from each tribal school in the county,
6designated by the governing body of that tribal school that he or she represents, who
7may be a member of the tribal school governing body, school administrator, teacher,
8pupil services professional, or parent of a child enrolled in that tribal school.
SB300,37,109
(m) A parent of a pupil enrolled in a tribal school located in the county, who
10resides in the county, designated by the county board.
Note: Adds to the county committee that advises on school districts' truancy plans:
(1) a representative of each tribal school in the county; and (2) a parent of a tribal school
pupil. The latter provision is modeled after the provision for a parent of a private school
pupil being appointed to the county committee.
SB300, s. 70
11Section
70. 118.255 (2) of the statutes is amended to read:
SB300,38,612
118.255
(2) (a) If a school board, cooperative educational service agency
, or
13county children with disabilities education board provides physical or mental health
14treatment services to its pupils, it may also provide such services within the private
15school
or tribal school facilities to those private school
or tribal school pupils who are
16referred to the public school board, cooperative educational service agency
, or county
17children with disabilities education board by the administrator of a private school
18or tribal school for evaluation for possible servicing. There shall be no charge for
19health treatment services provided to any pupils unless public school students or
1their parents are charged for similar services. For purposes of state aid, as it is
2provided under s. 115.88 to the public school district, for the health treatment service
3program, private school
and tribal school pupils receiving such health treatment
4services shall be counted among the pupils of the public school district receiving such
5services, although each child may receive health treatment services within the
6child's own school facilities, whether public
or, private
, or tribal.
SB300,38,157
(b) A school board, cooperative educational service agency, or county children
8with disabilities education board providing services under this section may enter
9into agreements with the administrator of a private school
or tribal school on the
10scheduling, space
, and other necessary arrangements for performance of such health
11treatment services. A school board, cooperative educational service agency
, or county
12children with disabilities education board shall not pay any private school
or tribal
13school for any services or facilities provided under this section. Control of the health
14treatment services program shall rest with the public school board, cooperative
15educational service agency
, or county children with disabilities education board.
SB300,38,1916
(c) A school board, cooperative educational service agency
, or county children
17with disabilities education board may provide health treatment services only within
18private school
or tribal school facilities located within the boundaries of the school
19district, cooperative educational service agency
, or county.
Note: Permits school boards, CESAs, and county children with disabilities
education boards to provide health treatment services to tribal school pupils at tribal
schools under certain circumstances. One of the required circumstances is that the pupil
be referred by the tribal school administrator.
SB300, s. 71
20Section
71. 118.257 (1) (d) of the statutes is amended to read:
SB300,39,221
118.257
(1) (d) "School" means a public, parochial
or, private
, or tribal school
22which provides an educational program for one or more grades between grades 1 and
112 and which is commonly known as an elementary school, middle school, junior high
2school, senior high school
, or high school.
Note: Current law exempts from liability certain staff at a private school for
removing a pupil from school premises or from school-sponsored activities for suspicion
of certain activities relating to controlled substances. Changing this definition has the
effect of extending to certain tribal school officials the same exemption from liability
under state law. It also has the effect of adding tribal schools to the definition of school
in s. 134.66 (1) (h), stats., which cross-references this definition. This would prohibit a
retailer from placing a vending machine that dispenses cigarettes within 500 feet of a
tribal school.
Extending the immunity protections under state law to certain tribal school staff
does not affect whatever right such staff have to raise a defense of tribal sovereign
immunity if sued.
SB300, s. 72
3Section
72. 118.29 (2) (a) (intro.) and 3. and (b) and (3) of the statutes are
4amended to read:
SB300,39,145
118.29
(2) (a) (intro.) Notwithstanding chs. 441, 447, 448
, and 450, a school bus
6operator validly authorized under ss. 343.12 and 343.17 (3) (c) to operate the school
7bus he or she is operating, any school employee or volunteer, county children with
8disabilities education board employee or volunteer or cooperative educational
9service agency employee or volunteer authorized in writing by the administrator of
10the school district, the board or the agency, respectively, or by a school principal,
and 11any private school employee or volunteer authorized in writing by a private school
12administrator or private school principal
, and any tribal school employee or
13volunteer authorized in writing by a tribal school administrator or tribal school
14principal:
SB300,39,1815
3.
Is Subject to sub. (4m), is immune from civil liability for his or her acts or
16omissions in administering a drug or prescription drug to a pupil under subd. 1., 2.,
172m., or 2r. unless the act or omission constitutes a high degree of negligence. This
18subdivision does not apply to health care professionals.
SB300,40,6
1(b)
Any Subject to sub. (4m), any school district administrator, county children
2with disabilities education board administrator, cooperative educational service
3agency administrator, public
or, private
, or tribal school principal
, or private
or tribal 4school administrator who authorizes an employee or volunteer to administer a drug
5or prescription drug to a pupil under par. (a) is immune from civil liability for the act
6of authorization unless it constitutes a high degree of negligence.
SB300,40,15
7(3) Emergency care; civil liability exemption. Any school bus operator validly
8authorized under ss. 343.12 and 343.17 (3) (c) to operate the school bus he or she is
9operating and any public
or, private
, or tribal school employee or volunteer, county
10children with disabilities education board employee or volunteer
, or cooperative
11educational service agency employee or volunteer, other than a health care
12professional, who in good faith renders emergency care to a pupil of a public
or, 13private
, or tribal school is immune from civil liability for his or her acts or omissions
14in rendering such emergency care. The immunity from civil liability provided under
15this subsection is in addition to and not in lieu of that provided under s. 895.48 (1).
SB300, s. 73
16Section
73. 118.29 (4m) of the statutes is created to read:
SB300,40,2017
118.29
(4m) Applicability to tribal school employees. The immunity under
18sub. (2) applies to a tribal school employee, administrator, or volunteer only if the
19governing body of the tribal school has adopted a written policy that complies with
20sub. (4).
Note: Current law, in pertinent part, permits private school employees and
volunteers to administer certain drugs to pupils under certain circumstances and
exempts them from liability under state law for doing so. It also requires the governing
board of a private school to adopt a written policy governing such administration. The
bill permits tribal school employees and volunteers to do so in the same situations and
extends to them the same exemptions from liability under state law if the governing body
of the tribal school has adopted a written policy that complies with the requirements for
a written policy that apply to private schools. The bill also extends to tribal school
employees and volunteers the same exemption from liability under state law when they
are rendering emergency care that applies to certain others, including private school
employees and volunteers.
Extending the immunity protections to tribal school employees and volunteers
does not affect whatever right they have to raise a defense of tribal sovereign immunity
if sued.
SB300, s. 74
1Section
74. 118.295 of the statutes is amended to read:
SB300,41,8
2118.295 Suicide intervention; civil liability exemption. Any school
3board, private school,
tribal school, county children with disabilities education
4board
, or cooperative educational service agency, and any officer, employee
, or
5volunteer thereof, who in good faith attempts to prevent suicide by a pupil is immune
6from civil liability for his or her acts or omissions in respect to the suicide or
7attempted suicide. The civil liability immunity provided in this section is in addition
8to and not in lieu of that provided under s. 895.48 (1).
Note: Current law, in pertinent part, specifies that private school officers,
employees, and volunteers who in good faith attempt to prevent suicide by a pupil are
exempt under state law from civil liability for their acts or omissions. The bill extends
the same exemptions from liability under state law to tribal school officers, employees,
and volunteers.
Extending the immunity protections to tribal school officers, employees, and
volunteers does not affect whatever right they have to raise a defense of tribal sovereign
immunity if sued.
SB300, s. 75
9Section
75. 120.18 (1) (a) 2. and (s) of the statutes are amended to read:
SB300,42,210
120.18
(1) (a) 2. Adding the number of persons under this paragraph who were
11residents of the school district and were enrolled in the school district on the 3rd
12Friday of September of the previous school year; plus the number of persons under
13this paragraph who were residents of the school district and who were enrolled in
14private schools,
tribal schools, home-based private educational programs
, or other
15school districts on the 3rd Friday of September of the previous school year; plus the
16number or an estimate of the number of those persons under this paragraph who
17were residents of the school district and not enrolled in the school district, private
1schools,
tribal schools, home-based private educational programs
, or other school
2districts on the 3rd Friday of September of the previous school year.
SB300,42,43
(s) Such other facts and statistics in relation to the schools, public
or, private
,
4or tribal, in the school district as the department requires.
Note: In the annual school district report submitted by the school district clerk to
DPI, requires inclusion of the above information about tribal schools and tribal school
pupils. (This information can be included only if the tribal school voluntarily provides the
information to the school district.)
SB300, s. 76
5Section
76. 121.05 (1) (a) 7. of the statutes is amended to read:
SB300,42,76
121.05
(1) (a) 7. Pupils enrolled in a nonsectarian private school or program
,
7or tribal school, under s. 118.15 (1) (d) 4.
Note: Current law requires that the pupil membership report (which is used to
calculate state aid to school districts) include pupils enrolled in a nonsectarian private
school or program if the school district is paying tuition for the pupil to attend such a
private school or program because of a curriculum modification agreed to by the school
board. This Section adds tribal schools to reflect the proposed amendment to s. 118.15
(1) (d) 4., stats., above.
SB300, s. 77
8Section
77. 121.76 (1) (a) of the statutes is amended to read:
SB300,42,129
121.76
(1) (a) "Agency of service" means a school board, board of control of a
10cooperative educational service agency, county children with disabilities education
11board
, or governing body of a nonsectarian private school
or, university model school
,
12or tribal school, which provides services for which tuition may be charged.
Note: Current law defines "agency of service" for purposes of subch. V, ch. 121,
stats., which describes various circumstances under which a pupil may attend a school
other than a public school in the school district of residence, how tuition and aid are
calculated if the school district is paying for it, and how tuition is otherwise calculated.
The entity providing the services is the agency of service. As a result of other provisions
of this bill, a tribal school may be providing the services due to curriculum modification
or court-ordered educational placement.
SB300, s. 78
13Section
78. 121.76 (2) (c) of the statutes is amended to read:
SB300,43,214
121.76
(2) (c) The agency of service
, other than a tribal school, shall rebate a
15proportional share of state or federal aid received for pupils for whom it received
1tuition. The rebate shall be paid to the agency or person who paid the tuition within
230 days of its receipt by the agency of service.
Note: Under current law, if an agency of service, including a private school,
receives tuition from a school district, it must rebate a proportional share of any federal
or state aid it received. Because a tribal school could assert a defense of sovereign
immunity in any lawsuit to collect a rebate, the bill does not require a tribal school to
rebate such aid. Rather, the bill provides in s. 121.78 (4) and (5), stats., below, that federal
and state aid are subtracted in determining the amount of tuition paid to a tribal school
that is providing either court-ordered educational placement under an agreement with
the school district or curriculum modification under an agreement with the school
district.
SB300, s. 79
3Section
79. 121.78 (4) of the statutes is amended to read:
SB300,43,184
121.78
(4) Court-ordered educational services. If a pupil is receiving
5educational services as the result of a court order under s. 48.345 (12) or 938.34 (7d),
6the school board of the school district in which the pupil resided at the time of
7issuance of the court order shall pay tuition for the pupil. A school board paying
8tuition for a pupil under this subsection shall count the pupil as 1.0 pupil in
9membership for general aid under subch. II. The school board shall pay each agency
10specified under s. 48.345 (12) (a) 2. to 4. or 938.34 (7d) (a) 2. to 4., for each full-time
11equivalent pupil served by the agency, an amount equal to at least 80% of the average
12per pupil cost for the school district. No state aid may be paid to the technical college
13district for pupils attending the technical college under s. 48.345 (12) (a) 4. or 938.34
14(7d) (a) 4.
The minimum amount paid by a school board to a tribal school specified
15under s. 48.345 (12) (a) 5. or 938.34 (7d) (a) 5., for each full-time equivalent pupil
16served by the tribal school, shall be determined by multiplying the average per pupil
17cost for the school district by 0.8 and then subtracting any federal or state aid
18received by the tribal school for the pupil.
Note: Amends this provision to reflect the amendments which add s. 48.345 (12)
(a) 5., stats., above, and s. 938.34 (7d) (a) 5., stats., below, which permit a court to require
in a CHIPS, juvenile in need of protection or services (JIPS), or delinquency dispositional
order an educational placement at a tribal school that must be paid for by the school
district. Under current law, a school board must pay an agency providing such services,
other than a technical college, at least 80% of the average per pupil cost for the school
district. This is the minimum amount that must be specified in the contract between the
school board and agency. The agency of service must rebate all federal and state aid
received for that pupil under s. 121.76 (2) (c), stats.
The bill specifies that if a tribal school is providing a court-ordered educational
placement for a pupil under an agreement with the school district, the minimum amount
paid by the school board to the tribal school must be determined by multiplying the
average per pupil cost of the school district times 0.80 and then subtracting all federal
and state aid received by the tribal school for that pupil.
SB300, s. 80
1Section
80. 121.78 (5) of the statutes is created to read: