AB75-SSA1,1225,21 16(2) Upon receipt of a petition to initiate fact-finding, the commission shall
17make an investigation with or without a formal hearing, to determine whether a
18deadlock in fact exists. The commission shall certify the results of the investigation.
19If the commission decides that fact-finding should be initiated, it shall appoint a
20qualified, disinterested person or, when jointly requested by the parties, a 3-member
21panel to function as a fact finder.
AB75-SSA1,1226,10 22(3) The fact finder may establish dates and place of hearings and shall conduct
23the hearings under rules established by the commission. Upon request, the
24commission shall issue subpoenas for hearings conducted by the fact finder. The fact
25finder may administer oaths. Upon completion of the hearing, the fact finder shall

1make written findings of fact and recommendations for solution of the dispute and
2shall cause the same to be served on the parties and the commission. In making
3findings and recommendations, the fact finder shall take into consideration among
4other pertinent factors the principles vital to the public interest in efficient and
5economical governmental administration. Upon the request of either party, the fact
6finder may orally present the recommendations in advance of service of the written
7findings and recommendations. Cost of fact-finding proceedings shall be divided
8equally between the parties. At the time the fact finder submits a statement of his
9or her costs to the parties, the fact finder shall submit a copy thereof to the
10commission at its Madison office.
AB75-SSA1,1226,12 11(4) A fact finder may mediate a dispute at any time prior to the issuance of the
12fact finder's recommendations.
AB75-SSA1,1226,18 13(5) Within 30 days of the receipt of the fact finder's recommendations or within
14a time period mutually agreed upon by the parties, each party shall advise the other,
15in writing, as to the party's acceptance or rejection, in whole or in part, of the fact
16finder's recommendations and, at the same time, send a copy of the notification to
17the commission at its Madison office. Failure to comply with this subsection, by the
18employer or employee representative, is a violation of s. 111.991 (1) (d) or (2) (c).
AB75-SSA1,1226,24 19111.996 Strike prohibited. (1) Upon establishing that a strike is in progress,
20the employer may either seek an injunction or file an unfair labor practice charge
21with the commission under s. 111.991 (2) (e) or both. It is the responsibility of the
22board to decide whether to seek an injunction or file an unfair labor practice charge.
23The existence of an administrative remedy does not constitute grounds for denial of
24injunctive relief.
AB75-SSA1,1227,3
1(2) The occurrence of a strike and the participation in the strike by an employee
2do not affect the rights of the employer, in law or in equity, to deal with the strike,
3including all of the following:
AB75-SSA1,1227,54 (a) The right to impose discipline, including discharge, or suspension without
5pay, of any employee participating in the strike.
AB75-SSA1,1227,76 (b) The right to cancel the reinstatement eligibility of any employee engaging
7in the strike.
AB75-SSA1,1227,108 (c) The right of the employer to request the imposition of fines, either against
9the labor organization or the employee engaging in the strike, or to sue for damages
10because of such strike activity.
AB75-SSA1,1227,12 11111.997 Management rights. Nothing in this subchapter shall interfere with
12the right of the board, in accordance with this subchapter, to do any of the following:
AB75-SSA1,1227,15 13(1) Carry out the statutory mandate and goals assigned to the board by the
14most appropriate and efficient methods and means and utilize personnel in the most
15appropriate and efficient manner possible.
AB75-SSA1,1227,19 16(2) Suspend, demote, discharge, or take other appropriate disciplinary action
17against the employee; or to lay off employees in the event of lack of work or funds or
18under conditions where continuation of such work would be inefficient and
19nonproductive.
AB75-SSA1,1227,22 20111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (f),
21matters subject to collective bargaining to the point of impasse are salaries; fringe
22benefits consistent with sub. (2); and hours and conditions of employment.
AB75-SSA1,1228,223 (b) The board is not required to bargain on management rights under s.
24111.997, except that procedures for the adjustment or settlement of grievances or

1disputes arising out of any type of disciplinary action in s. 111.997 (2) is a subject of
2bargaining.
AB75-SSA1,1228,33 (c) The board is prohibited from bargaining on matters contained in sub. (2).
AB75-SSA1,1228,94 (d) Except as provided in sub. (2) (d) and (e) and ss. 40.02 (22) (e) and 40.23 (1)
5(f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all
6actions of the board that are authorized under any such law which apply to
7nonrepresented individuals employed by the state shall apply to similarly situated
8employees, unless otherwise specifically provided in a collective bargaining
9agreement that applies to those employees.
AB75-SSA1,1228,1110 (e) Demands relating to retirement and group insurance shall be submitted to
11the board at least one year prior to commencement of negotiations.
AB75-SSA1,1228,1312 (f) The board is not required to bargain on matters related to employee
13occupancy of houses or other lodging provided by the state.
AB75-SSA1,1228,14 14(2) The board is prohibited from bargaining on:
AB75-SSA1,1228,1815 (a) The mission and goals of the board as set forth in the statutes; the
16diminution of the right of tenure provided the faculty under s. 36.13, the rights
17granted faculty under s. 36.09 (4) and academic staff under s. 36.09 (4m), or the
18rights of appointment provided academic staff under s. 36.15; or academic freedom.
AB75-SSA1,1228,1919 (b) Amendments to this subchapter.
AB75-SSA1,1228,2320 (c) Family leave and medical leave rights below the minimum afforded under
21s. 103.10. Nothing in this paragraph prohibits the board from bargaining on rights
22to family leave or medical leave which are more generous to the employee than the
23rights provided under s. 103.10.
AB75-SSA1,1228,2524 (d) An increase in benefit adjustment contribution rates under s. 40.05 (2n) (a)
253.
AB75-SSA1,1229,2
1(e) The rights of employees to have retirement benefits computed under s.
240.30.
AB75-SSA1,1229,43 (f) Honesty testing requirements that provide fewer rights and remedies to
4employees than are provided under s. 111.37.
AB75-SSA1,1229,55 (h) Creditable service to which s. 40.285 (2) (b) 4. applies.
AB75-SSA1,1229,76 (i) Compliance with the health benefit plan requirements under ss. 632.746 (1)
7to (8) and (10), 632.747, and 632.748.
AB75-SSA1,1229,88 (j) Compliance with the insurance requirements under s. 631.95.
AB75-SSA1,1229,99 (k) The definition of earnings under s. 40.02 (22).
AB75-SSA1,1229,1010 (L) The maximum benefit limitations under s. 40.31
AB75-SSA1,1229,1111 (m) The limitations on contributions under s. 40.32.
AB75-SSA1,1229,1312 (n) The provision to employees of the health insurance coverage required under
13s. 632.895 (11) to (14).
AB75-SSA1,1229,1514 (o) The requirements related to coverage of and prior authorization for
15treatment of an emergency medical condition under s. 632.85.
AB75-SSA1,1229,1616 (p) The requirements related to coverage of drugs and devices under s. 632.853.
AB75-SSA1,1229,1717 (q) The requirements related to experimental treatment under s. 632.855.
AB75-SSA1,1229,1918 (r) The requirements under s. 609.10 related to offering a point-of-service
19option plan.
AB75-SSA1,1229,2220 (s) The requirements related to internal grievance procedures under s. 632.83
21and independent review of certain health benefit plan determinations under s.
22632.835.
AB75-SSA1,1230,2 23(3) Upon request, the chancellor at each institution, or his or her designee,
24shall meet and confer with the collective bargaining representative, if any, with

1regard to any issue that is a permissive subject of bargaining, except when the issue
2is under active consideration by a governance organization under s. 36.09 (4) or (4m).
AB75-SSA1,1230,8 3111.999 Labor proposals. The board shall notify and consult with the joint
4committee on employment relations, in such form and detail as the committee
5requests, regarding substantial changes in wages, employee benefits, personnel
6management, and program policy contract provisions to be included in any contract
7proposal to be offered to any labor organization by the state or to be agreed to by the
8state before such proposal is actually offered or accepted.
AB75-SSA1,1231,5 9111.9991 Agreements. (1) Any tentative agreement reached between the
10board, acting for the state, and any labor organization representing a collective
11bargaining unit specified in s. 111.98 shall, after official ratification by the labor
12organization, be submitted by the board to the joint committee on employment
13relations, which shall hold a public hearing before determining its approval or
14disapproval. If the committee approves the tentative agreement, it shall introduce
15in a bill or companion bills, to be put on the calendar or referred to the appropriate
16scheduling committee of each house, that portion of the tentative agreement which
17requires legislative action for implementation, such as salary and wage adjustments,
18changes in fringe benefits, and any proposed amendments, deletions, or additions to
19existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6)
20(a) and (b), and 16.47 (2). The committee may, however, submit suitable portions of
21the tentative agreement to appropriate legislative committees for advisory
22recommendations on the proposed terms. The committee shall accompany the
23introduction of such proposed legislation with a message that informs the legislature
24of the committee's concurrence with the matters under consideration and that
25recommends the passage of such legislation without change. If the joint committee

1on employment relations does not approve the tentative agreement, it shall be
2returned to the parties for renegotiation. If the legislature does not adopt without
3change that portion of the tentative agreement introduced by the joint committee on
4employment relations, the tentative agreement shall be returned to the parties for
5renegotiation.
AB75-SSA1,1231,6 6(2) No portion of any tentative agreement shall become effective separately.
AB75-SSA1,1231,7 7(3) Agreements shall coincide with the fiscal year or biennium.
AB75-SSA1,1231,9 8(4) The negotiation of collective bargaining agreements and their approval by
9the parties should coincide with the overall fiscal planning and processes of the state.
AB75-SSA1,1231,11 10(5) All compensation adjustments for employees shall be effective on the
11beginning date of the pay period nearest the statutory or administrative date.
AB75-SSA1,1231,16 12111.9992 Status of existing benefits and rights. Unless a prohibited
13subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4),
1440.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules
15governing the salaries, fringe benefits, hours, and conditions of employment apply
16to each employee, unless otherwise provided in a collective bargaining agreement.
AB75-SSA1,1231,23 17111.9993 Rules, transcripts, fees. (1) The commission may adopt
18reasonable and proper rules relative to the exercise of its powers and authority and
19proper rules to govern its proceedings and to regulate the conduct of all elections and
20hearings under this subchapter. The commission shall, upon request, provide a
21transcript of a proceeding to any party to the proceeding for a fee, established by rule,
22by the commission at a uniform rate per page. All transcript fees shall be credited
23to the appropriation account under s. 20.425 (1) (i).
AB75-SSA1,1232,23 24(2) The commission shall assess and collect a filing fee for filing a complaint
25alleging that an unfair labor practice has been committed under s. 111.991. The

1commission shall assess and collect a filing fee for filing a request that the
2commission act as an arbitrator to resolve a dispute involving the interpretation or
3application of a collective bargaining agreement under s. 111.993. The commission
4shall assess and collect a filing fee for filing a request that the commission initiate
5fact-finding under s. 111.995. The commission shall assess and collect a filing fee
6for filing a request that the commission act as a mediator under s. 111.994. For the
7performance of commission actions under ss. 111.993, 111.994, and 111.995, the
8commission shall require that the parties to the dispute equally share in the payment
9of the fee and, for the performance of commission actions involving a complaint
10alleging that an unfair labor practice has been committed under s. 111.991, the
11commission shall require that the party filing the complaint pay the entire fee. If any
12party has paid a filing fee requesting the commission to act as a mediator for a labor
13dispute and the parties do not enter into a voluntary settlement of the labor dispute,
14the commission may not subsequently assess or collect a filing fee to initiate
15fact-finding to resolve the same labor dispute. If any request concerns issues arising
16as a result of more than one unrelated event or occurrence, each such separate event
17or occurrence shall be treated as a separate request. The commission shall
18promulgate rules establishing a schedule of filing fees to be paid under this
19subsection. Fees required to be paid under this subsection shall be paid at the time
20of filing the complaint or the request for fact-finding, mediation, or arbitration. A
21complaint or request for fact-finding, mediation, or arbitration is not filed until the
22date such fee or fees are paid. Fees collected under this subsection shall be credited
23to the appropriation account under s. 20.425 (1) (i).
AB75-SSA1, s. 2255g 24Section 2255g. 114.134 (4) (c) of the statutes is amended to read:
AB75-SSA1,1233,5
1114.134 (4) (c) At least 15 days before the date of the hearing a class 1 notice
2of any public hearing shall be published, under ch. 985, in the official state
3newspaper and
in a paper of general circulation printed and published near the
4location of the proposed airport or spaceport and on the department's Web site for a
5reasonable period of time
.
AB75-SSA1, s. 2256g 6Section 2256g. 115.38 (2) of the statutes is renumbered 115.38 (2) (a) and
7amended to read:
AB75-SSA1,1233,208 115.38 (2) (a) Annually by January 1, each school board shall notify the parent
9or guardian of each pupil enrolled in the school district of the right to request a school
10and school district performance report under this subsection. Annually Except as
11provided in par. (b), annually
by May 1, each school board shall, upon request,
12distribute to the parent or guardian of each pupil enrolled in the school district,
13including pupils enrolled in charter schools located in the school district, or give to
14each pupil to bring home to his or her parent or guardian, a school and school district
15performance report that includes the information specified by the state
16superintendent under sub. (1). The report shall also include a comparison of the
17school district's performance under sub. (1) (a) and (b) with the performance of other
18school districts in the same athletic conference under sub. (1) (a) and (b). If the school
19district maintains an Internet site, the report shall be made available to the public
20at that site.
AB75-SSA1, s. 2256r 21Section 2256r. 115.38 (2) (b) of the statutes is created to read:
AB75-SSA1,1234,222 115.38 (2) (b) If a school board enters into an agreement with a federally
23recognized American Indian tribe or band in this state to establish a charter school,
24that school board shall, upon request, distribute to the parent or guardian of each
25pupil enrolled in the charter school a school and school district performance report

1that includes the information specified by the state superintendent under sub. (1),
2regardless of the location of the charter school.
AB75-SSA1, s. 2257 3Section 2257. 115.745 of the statutes is created to read:
AB75-SSA1,1234,7 4115.745 Tribal language revitalization grants. (1) A school board or
5cooperative educational service agency, in conjunction with a tribal education
6authority, may apply to the department for a grant for the purpose of supporting
7innovative, effective instruction in one or more American Indian languages.
AB75-SSA1,1234,9 8(2) The department shall award grants under sub. (1) from the appropriation
9under s. 20.255 (2) (km).
AB75-SSA1,1234,11 10(3) The department shall promulgate rules to implement and administer this
11section.
AB75-SSA1, s. 2258m 12Section 2258m. 118.07 (4) (a) 2. of the statutes is created to read:
AB75-SSA1,1234,1613 118.07 (4) (a) 2. If a school district is created or a public or private school opens
14after the effective date of this paragraph .... [LRB inserts date], the school board or
15governing body of the private school shall have in effect a school safety plan for each
16public or private school within 3 years of its creation or opening.
AB75-SSA1, s. 2258n 17Section 2258n. 118.07 (4) (b) to (d) of the statutes are created to read:
AB75-SSA1,1235,218 118.07 (4) (b) A school safety plan shall be created with the active
19participation of appropriate parties, as specified by the school board or governing
20body of the private school. The appropriate parties may include local law
21enforcement officers, fire fighters, school administrators, teachers, pupil services
22professionals, as defined in s. 118.257 (1) (c), and mental health professionals. A
23school safety plan shall include general guidelines specifying procedures for
24emergency prevention and mitigation, preparedness, response, and recovery. The

1plan shall also specify the process for reviewing the methods for conducting drills
2required to comply with the plan.
AB75-SSA1,1235,63 (c) The school board or governing body of the private school shall determine
4which persons are required to receive school safety plan training and the frequency
5of the training. The training shall be based upon the school district's or private
6school's prioritized needs, risks, and vulnerabilities.
AB75-SSA1,1235,87 (d) Each school board and the governing body of each private school shall
8review the school safety plan at least once every 3 years after the plan goes into effect.
AB75-SSA1, s. 2259 9Section 2259. 118.125 (4) of the statutes is amended to read:
AB75-SSA1,1235,2310 118.125 (4) Transfer of records. Within 5 working days, a school district and
11a private school participating in the program under s. 119.23
shall transfer to
12another school or school district all pupil records relating to a specific pupil if the
13transferring school district or private school has received written notice from the
14pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor
15that the pupil intends to enroll in the other school or school district or written notice
16from the other school or school district that the pupil has enrolled or from a court that
17the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02
18(10p), or a secured residential care center for children and youth, as defined in s.
19938.02 (15g). In this subsection, "school" and "school district" include any juvenile
20correctional facility, secured residential care center for children and youth, adult
21correctional institution, mental health institute, or center for the developmentally
22disabled, that provides an educational program for its residents instead of or in
23addition to that which is provided by public and private schools.
AB75-SSA1, s. 2260 24Section 2260. 118.15 (5) (b) 1. of the statutes is repealed.
AB75-SSA1, s. 2261 25Section 2261. 118.15 (5) (b) 2. of the statutes is renumbered 118.15 (5) (b).
AB75-SSA1, s. 2262
1Section 2262. 118.16 (2m) (a) 2. of the statutes is amended to read:
AB75-SSA1,1236,72 118.16 (2m) (a) 2. An employee of the school district who is directly involved
3in the provision of a modified program or curriculum under s. 118.15 (1) (d), a
4program for children at risk under s. 118.153 or an alternative educational program
5under s. 119.82
, or any other alternative educational program to children who attend
6the school attended by the truant child, if the school district administrator believes
7that the program or curriculum may be appropriate for the truant child.
AB75-SSA1, s. 2263 8Section 2263. 118.175 (1) of the statutes is amended to read:
AB75-SSA1,1236,119 118.175 (1) This section does not apply to a pupil who has a legal custodian, as
10defined in s. 48.02 (11) or 938.02 (11), or who is cared for by a kinship care relative,
11as defined in s. 48.57 (3m) (a) 2. 48.02 (15).
AB75-SSA1, s. 2264 12Section 2264. 118.245 of the statutes is repealed.
AB75-SSA1, s. 2265 13Section 2265. 118.30 (1g) (a) 1. of the statutes is amended to read:
AB75-SSA1,1236,1814 118.30 (1g) (a) 1. By August 1, 1998, each school board shall adopt pupil
15academic standards in mathematics, science, reading and writing, geography, and
16history. If the governor has issued The school board may adopt the pupil academic
17standards issued by the governor as an executive order under s. 14.23, the school
18board may adopt those standards
no. 326, dated January 13, 1998.
AB75-SSA1, s. 2266 19Section 2266. 118.30 (1g) (a) 3. of the statutes is created to read:
AB75-SSA1,1236,2420 118.30 (1g) (a) 3. The governing body of each private school participating in the
21program under s. 119.23 shall adopt pupil academic standards in mathematics,
22science, reading and writing, geography, and history. The governing body of the
23private school may adopt the pupil academic standards issued by the governor as
24executive order no. 326, dated January 13, 1998.
AB75-SSA1, s. 2266d 25Section 2266d. 118.30 (1m) (a) of the statutes is amended to read:
AB75-SSA1,1237,4
1118.30 (1m) (a) 1. Except as provided in sub. subs. (6) and (7), administer the
24th grade examination adopted or approved by the state superintendent under sub.
3(1) to all pupils enrolled in the school district, including pupils enrolled in charter
4schools located in the school district, in the 4th grade.
AB75-SSA1,1237,85 2. Beginning on July 1, 2002, if Except as provided in sub. (7), if the school
6board has developed or adopted its own 4th grade examination, administer that
7examination to all pupils enrolled in the school district, including pupils enrolled in
8charter schools located in the school district, in the 4th grade.
AB75-SSA1, s. 2266h 9Section 2266h. 118.30 (1m) (am) of the statutes is amended to read:
AB75-SSA1,1237,1310 118.30 (1m) (am) 1. Except as provided in sub. subs. (6) and (7), administer the
118th grade examination adopted or approved by the state superintendent under sub.
12(1) to all pupils enrolled in the school district, including pupils enrolled in charter
13schools located in the school district, in the 8th grade.
AB75-SSA1,1237,1714 2. Beginning on July 1, 2002, if Except as provided in sub. (7), if the school
15board has developed or adopted its own 8th grade examination, administer that
16examination to all pupils enrolled in the school district, including pupils enrolled in
17charter schools located in the school district, in the 8th grade.
AB75-SSA1, s. 2266p 18Section 2266p. 118.30 (1m) (b) of the statutes is amended to read:
AB75-SSA1,1237,2119 118.30 (1m) (b) Administer Except as provided in sub. (7), administer the 10th
20grade examination to all pupils enrolled in the school district, including pupils
21enrolled in charter schools located in the school district, in the 10th grade.
AB75-SSA1, s. 2267 22Section 2267. 118.30 (1s) of the statutes is created to read:
AB75-SSA1,1237,2523 118.30 (1s) (a) Except as provided in par. (b), annually, the governing body of
24each private school participating in the program under s. 119.23 shall do all of the
25following:
AB75-SSA1,1238,3
11. Administer the 4th grade examination adopted or approved by the state
2superintendent under sub. (1) to all pupils attending the 4th grade in the private
3school under s. 119.23.
AB75-SSA1,1238,64 2. Administer the 8th grade examination adopted or approved by the state
5superintendent under sub. (1) to all pupils attending the 8th grade in the private
6school under s. 119.23.
AB75-SSA1,1238,97 3. Administer the 10th grade examination adopted or approved by the state
8superintendent under sub. (1) to all pupils attending the 10th grade in the private
9school under s. 119.23.
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