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2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 95
June 3, 2011 - Offered by Senator Olsen.
SB95-SSA1,2,9 1An Act to repeal 119.18 (6) (a); to renumber 120.13 (1) (f), 120.13 (1) (h) 1. a.
2and 121.58 (6); to consolidate, renumber and amend 119.18 (6) (intro.) and
3(b); to amend 43.70 (3), 115.88 (1), 115.88 (1m) (a), 118.125 (5) (b), 118.225
4(intro.), 118.30 (2) (c), 118.33 (1) (a) (intro.), 118.43 (3) (intro.), 118.43 (6) (b) 10.,
5120.12 (3) (a), (b) and (c), 120.13 (1) (h) 4., 120.17 (8) (a) and 121.58 (6) (title);
6and to create 118.33 (1) (e), 118.40 (2r) (b) 2m., 118.43 (3r), 120.13 (1) (f) 2. and
73., 120.13 (1) (h) 1. ag., 120.13 (1) (h) 1. c., 120.13 (1) (h) 2m., 120.13 (1) (h) 3m.,
8120.13 (1) (h) 4m., 120.13 (1) (h) 5m., 120.13 (1) (h) 6m. and 121.58 (6) (b) of the
9statutes; relating to: high school credit for physical education; services
10provided by a special education program; transportation aid paid to school
11districts; the use of moneys received by a school district from the common school
12fund; using analyses of scores on standardized examinations to evaluate,
13discharge, suspend, or discipline a teacher or for the nonrenewal of a teacher's

1contract; the number of teaching days scheduled in the Milwaukee Public
2Schools; permitting a school district to limit the grades in which to reduce class
3size under the Student Achievement Guarantee in Education Program;
4permitting a school board to deny enrollment to a pupil who has been expelled
5from an out-of-state school or from an independent charter school in this state
6and permitting an independent charter school to expel a pupil; use of law
7enforcement records to take disciplinary action against a pupil under a school
8district's athletic code; and changing the date by which a school district must
9certify the amount of its property tax levy.
Analysis by the Legislative Reference Bureau
This substitute amendment makes a number of changes to the laws governing
public education.
Pupil expulsion
Under current law, a school board may expel a pupil only if the pupil engaged
in certain prohibited conduct while at school or while under the supervision of a
school authority. Generally, the prohibited conduct is conduct that endangers the
property, health, or safety of others or interferes with the ability of school authorities
to maintain order or an educational atmosphere at school. Prior to expelling a pupil,
the school board must follow certain procedures. These procedures include holding
an expulsion hearing and providing the pupil and, if the pupil is a minor, his or her
parent, with written and timely notice of the hearing.
Also under current law, a school board may refuse to enroll a pupil during the
term of the pupil's expulsion from another school district. In an opinion issued on
April 10, 2008, the Wisconsin attorney general determined that current law does not
permit a school district to refuse to enroll a pupil who is currently expelled from a
private school or an out-of-state school.
Current law permits the University of Wisconsin (UW)-Milwaukee,
UW-Parkside, the Milwaukee Area Technical College, and the city of Milwaukee to
operate charter schools (independent charter schools) directly or to contract for the
operation of charter schools. Generally, charter schools operate with fewer
constraints than traditional public schools. Current law does not explicitly authorize
an independent charter school to expel a pupil.
This substitute amendment permits an independent charter school to include
in its charter or contract grounds for expelling a pupil. If a charter or contract of an
independent charter school includes grounds for expelling a pupil, the charter or

contract must also include the procedures to be followed by the charter school prior
to expelling a pupil.
This substitute amendment authorizes a school board to refuse to enroll a pupil
during the term of the pupil's expulsion from a public school in another state if the
grounds for the pupil's expulsion would have been grounds for expulsion in this state.
This substitute amendment also permits a school board to refuse to enroll a pupil
during the term of the pupil's expulsion from an independent charter school if the
charter or contract of the independent charter school contains the grounds for
expulsion and procedural requirements identified above.
Under current law, a school board may include early reinstatement conditions
in an expulsion order issued for a pupil. Current law defines "early reinstatement
condition" as a condition that a pupil must meet before he or she may be granted early
reinstatement or a condition that a pupil must meet after his or her early
reinstatement but before the expiration of the term of expulsion specified in the
pupil's expulsion order. Early reinstatement conditions must relate to the reasons
for the pupil's expulsion. If a school district administrator or designee determines
that the pupil has satisfied the early reinstatement conditions, the pupil may be
reinstated before the expiration of the term of the pupil's expulsion. If a pupil who
received early reinstatement subsequently violates an early reinstatement condition
before the expiration of the term of expulsion, the school board may revoke the pupil's
early reinstatement.
This substitute amendment permits a school board other than the school board
that expelled a pupil to establish enrollment conditions for the pupil. The substitute
amendment defines "enrollment condition" as a condition that a pupil is required to
meet before he or she may be granted conditional enrollment or a condition that a
pupil is required to meet after his or her conditional enrollment but before the
expiration of the term of expulsion specified in the pupil's expulsion order. The
enrollment conditions must relate to the reasons for the pupil's expulsion from the
expelling school district. The school district administrator or designee of the
nonexpelling school district may permit the pupil to conditionally enroll in a school
located in that school district if the pupil satisfies the enrollment conditions, and may
revoke conditional enrollment if the pupil subsequently violates the enrollment
conditions.
Teacher evaluations
Current law allows a school board to use the results of state-required
standardized examinations and the standardized examinations required under the
federal No Child Left Behind Act to evaluate teachers if certain conditions are met.
The school board must develop a teacher evaluation plan that includes a description
of the evaluation process, multiple criteria in addition to examination results, the
rationale for using examination results for evaluating teachers, and an explanation
of how the school board intends to use the evaluations to improve pupil academic
achievement.
This substitute amendment allows a school board to use value-added analyses
of scores on the standardized examinations to evaluate teachers under the conditions
described above.

Under current law, the results of standardized examinations may not be used
to discharge, suspend, or formally discipline a teacher or as the reason for the
nonrenewal of a teacher's contract.
This substitute amendment provides that the results of standardized
examinations may not be used as the sole reason to discharge, suspend, or formally
discipline a teacher or as the sole reason for the nonrenewal of a teacher's contract.
SAGE contracts
Current law generally allows an eligible school board that enters into a
five-year renewable student achievement guarantee (SAGE) contract with the
Department of Public Instruction (DPI) to receive $2,250 for each low-income pupil
enrolled in grades kindergarten to three in a school with specified low-income
enrollment if the school board reduces the class size of the classes in which the
low-income pupils are enrolled. Current law requires a school board to phase in the
class size limitation over the five-year contract. In the first year of a SAGE contract,
the school board must reduce class size in grades kindergarten and one. By the
fourth year of the SAGE contract, the school board must have reduced the class size
in all of the grades kindergarten to three.
In general, for SAGE contracts entered into prior to the 2010-11 school year,
a participating school board could only satisfy the class size limitation requirement
by reducing class size to 15 pupils. For SAGE contracts entered into in the 2010-11
school year, current law permits a school board to satisfy the class size limitation
requirement by either reducing class size to 18 pupils or by combining two classes
with two classroom teachers to achieve a total class size of 30 pupils. Current law
permits a school board to renew and receive payments under a renewed SAGE
contract if the school board either maintains the reduced class size achieved during
the last school year of the original SAGE contract for the grades specified for the last
school year of the contract, reduces class size to no more than 18 pupils, or combines
two classes with two classroom teachers to achieve a total class size of 30 pupils.
This substitute amendment permits a school board that has entered into or
renewed a SAGE contract to choose not to comply with the class size limitation
requirements in grades two or three, or both, in one or more schools in the school
district and in one or more years of the contract term. If a school board chooses not
to comply with the class size limitation requirements under the contract, the school
board may not receive the state aid for that class.
Special education services
Under current law, a school district receives state special education aid for the
costs of contracting with a public or private agency for physical or occupational
therapy services. This substitute amendment explicitly authorizes a school district
to contract for a variety of services, including orientation and mobility training,
educational interpreters, audiologists, speech and language therapists, pupil
transition services for eligible pupils who are 18 to 21 years old, and any services
approved by the state superintendent of public instruction; and makes the costs of
such a contract eligible for special education aid.

Pupil transportation costs
Under current law, DPI must prorate state aid payments to school districts for
transportation costs if the amount appropriated does not cover all eligible costs.
Under this substitute amendment, if funds remain after DPI pays all approved
claims, DPI must distribute the balance to school districts on a prorated basis.
School libraries
Current law allows a school district to use up to 25 percent of the moneys it
receives from the common school fund in a fiscal year to purchase school library
computers and related software. This substitute amendment eliminates the 25
percent limit.
MPS teaching days
Under current law, the board of Milwaukee Public Schools determines the
school calendar and vacation periods for the regular day and summer schools each
school year, but the board may not schedule more than 200 teaching days in the
regular day school period in any school year. This substitute amendment eliminates
the requirement that no more than 200 teaching days be scheduled in the regular day
school period.
Law enforcement records
Under current law, law enforcement records obtained by and relating to the
conduct of a pupil of a school district may not be used as the sole basis for expelling
or suspending the pupil or as the sole basis for taking any other disciplinary action
against the pupil, including action under the school district's athletic code. This
substitute amendment permits a school district to use such law enforcement records
as the sole basis for taking action against a pupil under the district's athletic code.
Physical education credits
Current law requires a high school pupil to earn 1.5 credits in physical
education in order to be eligible for a high school diploma. This substitute
amendment authorizes a school board to allow a pupil who participates in sports or
in another organized physical activity to complete an additional 0.5 credit in English,
social studies, mathematics, science, or health education in lieu of 0.5 credit in
physical education.
Tax levy
Under current law, each school board must annually determine the amount
necessary to be raised to operate and maintain the schools of the school district and
must, on or before November 6, certify that amount to the municipal clerk to assess
and enter onto the tax rolls. This substitute amendment provides that the school
board must certify the amount to be assessed on or before November 10.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB95-SSA1, s. 1 1Section 1. 43.70 (3) of the statutes is amended to read:
SB95-SSA1,6,18
143.70 (3) Immediately upon making such apportionment, the state
2superintendent shall certify to the department of administration the estimated
3amount that each school district is entitled to receive under this section and shall
4notify each school district administrator of the estimated amount so certified for his
5or her school district. The department of administration shall distribute each school
6district's aid entitlement in one payment on or before May 1. The amount paid to each
7school district shall be based upon the amount in the appropriation account under
8s. 20.255 (2) (s) on April 15. Moneys distributed under this section may be expended
9only for the purchase of instructional materials from the state historical society for
10use in teaching Wisconsin history and for the purchase of library books and other
11instructional materials for school libraries, but not for public library facilities
12operated by school districts under s. 43.52, in accordance with rules promulgated by
13the state superintendent. In addition, a school district may use up to 25 percent of
14the moneys received in a fiscal year under this section to purchase school library
15computers and related software if the school board consults with the person who
16supervises the school district's libraries and the computers and software are housed
17in the school library. Appropriate records of all purchases under this section shall
18be kept and necessary reports thereon shall be made to the state superintendent.
SB95-SSA1, s. 2 19Section 2. 115.88 (1) of the statutes is amended to read:
SB95-SSA1,7,1120 115.88 (1) Personnel. A school board, board of control of a cooperative
21educational service agency or, upon authorization of the county board, a county
22children with disabilities education board may employ, for a special education
23program, either full- full-time or part-time licensed teachers, licensed coordinators
24of special education, school nurses, licensed school social workers, licensed school
25psychologists, licensed school counselors, paraprofessionals, licensed consulting

1teachers to work with any teacher of regular education programs who has a child
2with a disability in a class and any other personnel approved by the department. The
3board may contract with private or public agencies for physical or occupational
4therapy services, orientation and mobility training services, educational interpreter
5services, educational audiology, speech and language therapy, pupil transition
6services for eligible pupils who are 18 to 21 years old, or any service approved by the
7state superintendent,
on the basis of demonstrated need. A school board may
8contract with a charter school to provide special education services to pupils
9attending the charter school if the charter school is under contract with the school
10board under s. 118.40 (2m) and the charter school is not an instrumentality of the
11school district.
SB95-SSA1, s. 3 12Section 3. 115.88 (1m) (a) of the statutes is amended to read:
SB95-SSA1,7,2413 115.88 (1m) (a) Subject to par. (b), upon receipt of the plan under s. 115.77 (4),
14if the state superintendent is satisfied that the special education program has been
15maintained during the preceding school year in accordance with law, the state
16superintendent shall certify to the department of administration in favor of each
17county, cooperative educational service agency, and school district maintaining such
18special education program a sum equal to the amount expended by the county,
19agency, and school district during the preceding year for salaries of personnel
20enumerated in sub. (1),; the salary portion of any authorized contract for physical or
21occupational therapy
services under sub. (1); the salary portion of any contract to
22provide special education services to pupils attending a charter school, as authorized
23under sub. (1); and other expenses approved by the state superintendent, as costs
24eligible for reimbursement from the appropriation under s. 20.255 (2) (b).
SB95-SSA1, s. 4 25Section 4. 118.125 (5) (b) of the statutes is amended to read:
SB95-SSA1,8,7
1118.125 (5) (b) Law enforcement officers' records obtained under s. 48.396 (1)
2or 938.396 (1) (b) 2. or (c) 3. and records of the court assigned to exercise jurisdiction
3under chs. 48 and 938 or of a municipal court obtained under s. 938.396 (2g) (m) may
4not be used by a school district as the sole basis for expelling or suspending a pupil
5or as the sole basis for taking any other disciplinary action, including against a pupil,
6but may be used as the sole basis for taking
action against a pupil under the school
7district's athletic code, against a pupil.
SB95-SSA1, s. 5 8Section 5. 118.225 (intro.) of the statutes is amended to read:
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