AB199, s. 63
16Section
63. 118.07 (3) of the statutes is amended to read:
AB199,33,717
118.07
(3) The department shall make available to school districts, private
18schools,
tribal schools, and charter schools information about meningococcal disease,
19including the causes and symptoms of the disease, how it is spread, and how to obtain
20additional information about the disease and the availability, effectiveness, and
21risks of vaccinations against the disease. The department may do so by posting the
22information on its Internet site. At the beginning of the 2006-07 to 2011-12 school
1years, each school board and the governing body of each private school and each
2charter school shall provide the parents and guardians of pupils enrolled in grades
36 to 12 in the school district or school with the information. At the beginning of the
42012 school year and each school year thereafter, each school board and the
5governing body of each private school and each charter school shall provide the
6parents and guardians of pupils enrolled in grade 6 in the school district or school
7with the information.
Note: Requires DPI to provide information to tribal schools about meningococcal
disease. However, in contrast to requirements imposed on public, private, and charter
schools, the bill does not require that tribal schools provide the information to parents and
guardians of pupils.
AB199, s. 64
8Section
64. 118.08 (1) of the statutes is amended to read:
AB199,33,149
118.08
(1) On any street or highway which borders the grounds of any public
10or, private
, or tribal school in which school is held for a term of not less than 6 months,
11the authority in charge of the maintenance of the street or highway shall erect black
12and yellow "school" warning signs. The authority may also designate school
13crossings across any street or highway, whether or not the street or highway borders
14on 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.
AB199, s. 65
15Section
65. 118.125 (2) (n) of the statutes is amended to read:
AB199,34,816
118.125
(2) (n) For the purpose of providing services to a pupil before
17adjudication, a school board may disclose pupil records to a law enforcement agency,
18district attorney, city attorney, corporation counsel, agency, as defined in s. 938.78
19(1), intake worker under s. 48.067 or 938.067, court of record, municipal court,
20private school, or another school board if disclosure is pursuant to an interagency
21agreement and the person to whom the records are disclosed certifies in writing that
1the records will not be disclosed to any other person except as permitted under this
2subsection.
For the purpose of providing services to a pupil before adjudication, a
3school board may disclose pupil records to a tribal school if disclosure is pursuant to
4an agreement between the school board and the governing body of the tribal school
5and if the school board determines that enforceable protections are provided by a
6tribal school policy or tribal law that requires the tribal school official to whom the
7records are disclosed not to disclose the records to any other person except as
8permitted 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.
AB199, s. 66
9Section
66. 118.125 (4) of the statutes is amended to read:
AB199,35,410
118.125
(4) Transfer of records. Within 5 working days, a school district shall
11transfer to another school
, including a private or tribal school, or school district all
12pupil records relating to a specific pupil if the transferring school district has
13received written notice from the pupil if he or she is an adult or his or her parent or
14guardian if the pupil is a minor that the pupil intends to enroll in the other school
15or school district or written notice from the other school or school district that the
16pupil has enrolled or from a court that the pupil has been placed in a juvenile
17correctional facility, as defined in s. 938.02 (10p), or a secured residential care center
18for children and youth, as defined in s. 938.02 (15g). In this subsection, "school" and
19"school district" include any juvenile correctional facility, secured residential care
1center for children and youth, adult correctional institution, mental health institute,
2or center for the developmentally disabled, that provides an educational program for
3its residents instead of or in addition to that which is provided by public
and, private
,
4and 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.
AB199, s. 67
5Section
67. 118.127 (2) of the statutes is amended to read:
AB199,36,26
118.127
(2) A school district
or, private school
, or tribal school may disclose
7information from law enforcement officers' records obtained under s. 938.396 (1) (c)
83. only to persons employed by the school district who are required by the department
9under s. 115.28 (7) to hold a license, to persons employed by the private school
or
10tribal school as teachers, and to other school district
or, private school
, or tribal school 11officials who have been determined by the school board or governing body of the
12private school
or tribal school to have legitimate educational interests, including
13safety interests, in that information. In addition, if that information relates to a
14pupil of the school district
or, private school
or tribal school, the school district
or, 15private school
, or tribal school may also disclose that information to those employees
16of the school district
or, private school
, or tribal school who have been designated by
17the school board or governing body of the private school
or tribal school to receive that
18information for the purpose of providing treatment programs for pupils enrolled in
19the school district
or, private school
, or tribal school. A school district may not use
20law enforcement officers' records obtained under s. 938.396 (1) (c) 3. as the sole basis
21for expelling or suspending a pupil or as the sole basis for taking any other
1disciplinary action, including action under the school district's athletic code, against
2a pupil.
Note: This amendment relates to the amendment to s. 938.396 (1) (c) 3., 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 (1) (c) 3., stats., below, specifies that the law enforcement agency policy must
specify that the law enforcement agency cannot provide information under s. 938.396 (1)
(c) 3., 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.)
AB199, s. 68
3Section
68. 118.145 (3) and (4) of the statutes are amended to read:
AB199,36,124
118.145
(3) If the superintendent
or principal of a private school
or of a tribal
5school files with the department the course of study for elementary grades prescribed
6by such school and if such course of study is substantially equivalent to the course
7of study prepared for elementary grades by the department, a certificate or diploma
8or other written evidence issued by the superintendent
or principal of the private
9school
or tribal school showing that the pupil has completed such course of study
10shall entitle the pupil to admission to a public high school. The certificate or diploma
11or a certified copy thereof or a certified copy of a list of graduates shall be filed with
12the school district clerk of the school district operating the high school.
AB199,36,18
13(4) The school board of a school district operating high school grades shall allow
14a pupil enrolled in a private school
, a pupil enrolled in a tribal school, or a pupil
15enrolled in a home-based educational program, who has met the standards for
16admission to high school under sub. (1), to take up to 2 courses during each school
17semester if the pupil resides in the school district in which the public school is located
18and 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.)
AB199, s. 69
1Section
69. 118.15 (1) (a) of the statutes is amended to read:
AB199,37,82
118.15
(1) (a) Except as provided under pars. (b) to (d) and sub. (4), unless the
3child is excused under sub. (3) or has graduated from high school, any person having
4under control a child who is between the ages of 6 and 18 years shall cause the child
5to attend school regularly during the full period and hours, religious holidays
6excepted, that the public
or, private
, or tribal school in which the child should be
7enrolled is in session until the end of the school term, quarter
, or semester of the
8school 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 to: (1) 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.
AB199, s. 70
9Section
70. 118.15 (1) (d) 4. of the statutes is amended to read:
AB199,37,1410
118.15
(1) (d) 4. Enrollment in any nonsectarian private school or program
, or
11tribal school, located in the school district in which the child resides, which complies
12with the requirements of
42 USC 2000d. Enrollment of a child under this subdivision
13shall be pursuant to a contractual agreement
which
under s. 121.78 (5) that provides
14for 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.
AB199, s. 71
15Section
71. 118.153 (1) (b) of the statutes is amended to read:
AB199,38,4
1118.153
(1) (b) "Dropout" means a child who ceased to attend school, does not
2attend a public
or, private
, or tribal school, technical college
, or home-based private
3educational program on a full-time basis, has not graduated from high school
, and
4does 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.
AB199, s. 72
5Section
72. 118.16 (2) (em) of the statutes is created to read:
AB199,38,86
118.16
(2) (em) Shall request information regarding the attendance of any child
7between the ages of 6 and 18 who is a resident of the school district and who claims
8or 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.
AB199, s. 73
9Section
73. 118.162 (1) (am) and (m) of the statutes are created to read:
AB199,38,1310
118.162
(1) (am) A representative from each tribal school in the county,
11designated by the governing body of that tribal school that he or she represents, who
12may be a member of the tribal school governing body, school administrator, teacher,
13pupil services professional, or parent of a child enrolled in that tribal school.
AB199,38,1514
(m) A parent of a pupil enrolled in a tribal school located in the county, who
15resides 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.
AB199, s. 74
16Section
74. 118.255 (2) of the statutes is amended to read:
AB199,39,14
1118.255
(2) (a) If a school board, cooperative educational service agency
, or
2county children with disabilities education board provides physical or mental health
3treatment services to its pupils, it may also provide such services within the private
4school
or tribal school facilities to those private school
or tribal school pupils who are
5referred to the public school board, cooperative educational service agency
, or county
6children with disabilities education board by the administrator of a private school
7or tribal school for evaluation for possible servicing. There shall be no charge for
8health treatment services provided to any pupils unless public school students or
9their parents are charged for similar services. For purposes of state aid, as it is
10provided under s. 115.88 to the public school district, for the health treatment service
11program, private school
and tribal school pupils receiving such health treatment
12services shall be counted among the pupils of the public school district receiving such
13services, although each child may receive health treatment services within the
14child's own school facilities, whether public
or, private
, or tribal.
AB199,39,2315
(b) A school board, cooperative educational service agency, or county children
16with disabilities education board providing services under this section may enter
17into agreements with the administrator of a private school
or tribal school on the
18scheduling, space
, and other necessary arrangements for performance of such health
19treatment services. A school board, cooperative educational service agency
, or county
20children with disabilities education board shall not pay any private school
or tribal
21school for any services or facilities provided under this section. Control of the health
22treatment services program shall rest with the public school board, cooperative
23educational service agency
, or county children with disabilities education board.
AB199,40,224
(c) A school board, cooperative educational service agency
, or county children
25with disabilities education board may provide health treatment services only within
1private school
or tribal school facilities located within the boundaries of the school
2district, 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.
AB199, s. 75
3Section
75. 118.257 (1) (d) of the statutes is amended to read:
AB199,40,74
118.257
(1) (d) "School" means a public, parochial
or, private
, or tribal school
5which provides an educational program for one or more grades between grades 1 and
612 and which is commonly known as an elementary school, middle school, junior high
7school, 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.
AB199, s. 76
8Section
76. 118.29 (2) (a) (intro.) and 3. and (b) and (3) of the statutes are
9amended to read:
AB199,41,210
118.29
(2) (a) (intro.) Notwithstanding chs. 441, 447, 448
, and 450, a school bus
11operator validly authorized under ss. 343.12 and 343.17 (3) (c) to operate the school
12bus he or she is operating, any school employee or volunteer, county children with
13disabilities education board employee or volunteer or cooperative educational
14service agency employee or volunteer authorized in writing by the administrator of
15the school district, the board or the agency, respectively, or by a school principal,
and 16any private school employee or volunteer authorized in writing by a private school
17administrator or private school principal
, and any tribal school employee or
1volunteer authorized in writing by a tribal school administrator or tribal school
2principal:
AB199,41,63
3.
Is Subject to sub. (4m), is immune from civil liability for his or her acts or
4omissions in administering a drug or prescription drug to a pupil under subd. 1., 2.,
52m., or 2r. unless the act or omission constitutes a high degree of negligence. This
6subdivision does not apply to health care professionals.
AB199,41,127
(b)
Any Subject to sub. (4m), any school district administrator, county children
8with disabilities education board administrator, cooperative educational service
9agency administrator, public
or, private
, or tribal school principal
, or private
or tribal 10school administrator who authorizes an employee or volunteer to administer a drug
11or prescription drug to a pupil under par. (a) is immune from civil liability for the act
12of authorization unless it constitutes a high degree of negligence.
AB199,41,21
13(3) Emergency care; civil liability exemption. Any school bus operator validly
14authorized under ss. 343.12 and 343.17 (3) (c) to operate the school bus he or she is
15operating and any public
or, private
, or tribal school employee or volunteer, county
16children with disabilities education board employee or volunteer
, or cooperative
17educational service agency employee or volunteer, other than a health care
18professional, who in good faith renders emergency care to a pupil of a public
or, 19private
, or tribal school is immune from civil liability for his or her acts or omissions
20in rendering such emergency care. The immunity from civil liability provided under
21this subsection is in addition to and not in lieu of that provided under s. 895.48 (1).
AB199, s. 77
22Section
77. 118.29 (4m) of the statutes is created to read:
AB199,42,223
118.29
(4m) Applicability to tribal school employees. The immunity under
24sub. (2) applies to a tribal school employee, administrator, or volunteer only if the
1governing body of the tribal school has adopted a written policy that complies with
2sub. (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 under state law to tribal school employees
and volunteers does not affect whatever right they have to raise a defense of tribal
sovereign immunity if sued.
AB199, s. 78
3Section
78. 118.291 (1g) (b) of the statutes is amended to read:
AB199,42,44
118.291
(1g) (b) "School" includes a public
and a, private
, or tribal school.
AB199, s. 79
5Section
79. 118.291 (2) (c) of the statutes is created to read:
AB199,42,106
118.291
(2) (c) No tribal school or tribal school employee is civilly liable for
7injury to a pupil caused by a tribal school employee who prohibits a pupil from using
8an inhaler because of the employee's good faith belief that the requirements of sub.
9(1r) had not been satisfied or who allows a pupil to use an inhaler because of the
10employee's good faith belief that the requirements of sub. (1r) had been satisfied.
Note: Current law, as amended by
2005 Wisconsin Act 398, permits a pupil with
asthma to use an inhaler at school under circumstances when the pupil has provided the
school principal with written approval of the pupil's physician and parent. Current
statutes provide immunity under state law for school employees who permit inhaler use
because of a good faith belief that these conditions have been satisfied or who prohibit use
because of a good faith belief that these conditions have not been satisfied.
The bill extends the immunity to tribal school employees under the same
conditions. This extension of immunity protections under state law does not affect
whatever right a tribal school employee may have to raise a defense of tribal sovereign
immunity if sued.
AB199, s. 80
11Section
80. 118.295 of the statutes is amended to read:
AB199,43,5
12118.295 Suicide intervention; civil liability exemption. Any school
13board, private school,
tribal school, county children with disabilities education
1board
, or cooperative educational service agency, and any officer, employee
, or
2volunteer thereof, who in good faith attempts to prevent suicide by a pupil is immune
3from civil liability for his or her acts or omissions in respect to the suicide or
4attempted suicide. The civil liability immunity provided in this section is in addition
5to 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.
AB199, s. 81
6Section
81. 120.18 (1) (a) 2. and (s) of the statutes are amended to read:
AB199,43,167
120.18
(1) (a) 2. Adding the number of persons under this paragraph who were
8residents of the school district and were enrolled in the school district on the 3rd
9Friday of September of the previous school year; plus the number of persons under
10this paragraph who were residents of the school district and who were enrolled in
11private schools,
tribal schools, home-based private educational programs
, or other
12school districts on the 3rd Friday of September of the previous school year; plus the
13number or an estimate of the number of those persons under this paragraph who
14were residents of the school district and not enrolled in the school district, private
15schools,
tribal schools, home-based private educational programs
, or other school
16districts on the 3rd Friday of September of the previous school year.
AB199,43,1817
(s) Such other facts and statistics in relation to the schools, public
or, private
,
18or 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.)
AB199, s. 82
19Section
82. 121.05 (1) (a) 7. of the statutes is amended to read:
AB199,44,2
1121.05
(1) (a) 7. Pupils enrolled in a nonsectarian private school or program
,
2or 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.
AB199, s. 83
3Section
83. 121.76 (1) (a) of the statutes is amended to read:
AB199,44,74
121.76
(1) (a) "Agency of service" means a school board, board of control of a
5cooperative educational service agency, county children with disabilities education
6board
, or governing body of a nonsectarian private school
or, university model school
,
7or 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.
AB199, s. 84
8Section
84. 121.76 (2) (c) of the statutes is amended to read:
AB199,44,129
121.76
(2) (c) The agency of service
, other than a tribal school, shall rebate a
10proportional share of state or federal aid received for pupils for whom it received
11tuition. The rebate shall be paid to the agency or person who paid the tuition within
1230 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.
AB199, s. 85
13Section
85. 121.78 (4) of the statutes is amended to read:
AB199,45,15
1121.78
(4) Court-ordered educational services. If a pupil is receiving
2educational services as the result of a court order under s. 48.345 (12) or 938.34 (7d),
3the school board of the school district in which the pupil resided at the time of
4issuance of the court order shall pay tuition for the pupil. A school board paying
5tuition for a pupil under this subsection shall count the pupil as 1.0 pupil in
6membership for general aid under subch. II. The school board shall pay each agency
7specified under s. 48.345 (12) (a) 2. to 4. or 938.34 (7d) (a) 2. to 4., for each full-time
8equivalent pupil served by the agency, an amount equal to at least 80% of the average
9per pupil cost for the school district. No state aid may be paid to the technical college
10district for pupils attending the technical college under s. 48.345 (12) (a) 4. or 938.34
11(7d) (a) 4.
The minimum amount paid by a school board to a tribal school specified
12under s. 48.345 (12) (a) 5. or 938.34 (7d) (a) 5., for each full-time equivalent pupil
13served by the tribal school, shall be determined by multiplying the average per pupil
14cost for the school district by 0.8 and then subtracting any federal or state aid
15received 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.
AB199, s. 86
16Section
86. 121.78 (5) of the statutes is created to read:
AB199,46,417
121.78
(5) Alternative programs. If a pupil is placed in an alternative program
18under s. 118.15 (1) (d) 4., the school board shall pay tuition to the agency of service
1pursuant to a contractual agreement between the school board and the agency of
2service. If the agency of service is a tribal school, any federal or state aid received
3by the tribal school for the pupil shall be subtracted in determining the amount of
4aid to be paid.
Note: The bill provides that if a school board approves a curriculum modification
allowing a pupil to attend a nonsectarian private school or tribal school at school district
expense and pursuant to an agreement between the school board and the private school
or tribal school, the school board pays tuition pursuant to an agreement with the private
school or tribal school. The bill requires such an agreement with a tribal school to provide
for subtracting the amount of federal and state aid received for the pupil in determining
the amount of tuition paid by the school district to the tribal school. The bill is silent with
respect to private schools in this regard, as private schools are required to rebate any such
payment under s. 121.76 (2) (c), stats.
AB199, s. 87
5Section
87. 125.09 (2) (a) 2. of the statutes is amended to read:
AB199,46,106
125.09
(2) (a) 2. "School" means a public
, school, a parochial or private school
,
7or a tribal school, as defined in s. 115.001 (16), which provides an educational
8program for one or more grades between grades 1 and 12 and which is commonly
9known as an elementary school, middle school, junior high school, senior high school
, 10or high school.
Note: Includes tribal school in the definition of "school" for purposes of the statute
that restricts possession of alcohol beverages on school premises. Violation of this statute
or an ordinance adopted in conformity with this statute has consequences under various
statutes, with special provisions applying to juveniles.
AB199, s. 88
11Section
88. 125.68 (3) (intro.) of the statutes is amended to read: