Under current law, school boards may enter into contracts with individuals,
groups, businesses, or governmental bodies to establish charter schools, which
operate with fewer constraints than traditional public schools. Current law also
permits 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. Currently, and through
the 2010-11 school year, the operator of an independent charter school receives per
pupil state aid in an amount equal to the amount paid per pupil in the previous school
year, increased by an amount that is tied to the increase in the per pupil state aid
received by an MPCP school. Under current law, beginning in the 2011-12 school
year, the per pupil payment made to independent charter schools is tied to the per
pupil revenue limit adjustment for public schools. Under this bill, the per pupil
payment to independent charter schools through the 2012-13 school year remains
tied to the method for determining the per pupil payment received by an MPCP
school.
This bill allows any four-year institution within the UW System to operate or
contract for the operation of a charter school with the approval of the Board of
Regents. The bill also allows the UW-Madison to operate or contract for the
operation of a charter school.
Currently, if UW-Milwaukee establishes a charter school, it must be located in
the city of Milwaukee. UW-Parkside may establish only one charter school and it
must be located in the Racine school district or in an adjacent county, it may not enroll
more than 480 pupils, and it may not operate high school grades. This bill eliminates
all of these restrictions.
Currently, the Racine school district receives additional state aid if
UW-Parkside establishes a charter school. This bill eliminates this payment.
Currently, any person who seeks to teach in a public school, including a charter
school, must hold a license or permit issued by DPI. This bill exempts teachers in
independent charter schools from this requirement and instead requires such a
teacher to have a bachelor's degree from an accredited institution of higher
education.
Under current law, state aid to independent charter schools is funded by a
reduction in general school aid, applied on a prorated basis to all school districts.
Beginning in the 2011-12 school year, instead of reducing general school aid by the
amount of charter school aid paid in the same school year, general school aid is
reduced by the amount of charter school aid paid in the 2010-11 school year. This
bill eliminates this cap on the reduction in general school aid.
This bill prohibits a school board from requiring, as a condition of employment,
that a teacher reside within the school district.
Current law requires that each school district employ a reading specialist to
develop and coordinate a comprehensive reading curriculum. This bill eliminates
this requirement.
Under current law, moneys are appropriated from the normal school fund to
DPI for an environmental education consultant. This bill eliminates this
appropriation.
Under current law, DPI must award to each person employing an initial
educator a grant for providing a mentor for the initial educator. This bill eliminates
the initial educator grant program beginning in the 2012-13 fiscal year.
Under current law, the Indoor Environmental Quality in Schools Task Force
must make recommendations to DPI for the development of a model management
plan for maintaining indoor environmental quality in public and private schools.
DPI must, in turn, establish a model management plan and practices. Each school
board and the governing body of each MPCP school must implement such a plan.
This bill eliminates the requirement that DPI establish a model management
plan and practices and also the requirements that each school board and the
governing body of each MPCP school implement such a plan.
Current law directs DPI to award grants to nonprofit organizations,
cooperative educational service agencies, and the Milwaukee Public Schools for
gifted and talented pupils.
This bill allows DPI to award grants to the UW-Madison as well, but requires
that all grants must provide services and activities not ordinarily provided in a
regular school program to allow gifted and talented pupils to fully develop their
capabilities.
Under current law, no more than 5,250 pupils may attend virtual charter
schools under the Open Enrollment Program (OEP) in any school year. This bill
eliminates this limit.
Under the OEP, a pupil may apply to attend a public school in a school district
other than the pupil's resident school district (nonresident school district) if certain
conditions are met. Current law establishes a time line for filing and processing an
application under the OEP. An application to attend a school in a nonresident school
district is due between the first Monday in February and the third Friday following
the first Monday in February and the resident and nonresident school boards must
take certain actions to review and accept or reject the application within a specified
time period. By June 30, the nonresident school board must report the name of each
pupil accepted under the OEP to the pupil's resident school board.
This bill extends the time line for filing and processing applications under the
OEP. Under the new time line, an application is due between the first Monday in
February and the last weekday in April. The pupil must inform the nonresident
school board whether he or she will attend a school in the nonresident school district
by the last Friday in June. By July 7, the nonresident school board must report the
name of each pupil accepted under the OEP to the pupil's resident school board. The
bill requires a resident school district to provide to a nonresident school district
records pertaining to disciplinary proceedings involving a pupil who has applied
under the OEP.
The bill also requires the resident school district to forward a copy of the
individualized education program (IEP) prepared for a child with a disability who
applies to the nonresident district under the OEP. If the resident school district fails
to comply with this requirement, the nonresident school district may charge the
resident school district for any actual, additional costs incurred by the school district
to provide the special education and related services to the child. The nonresident
school district must prepare an estimate of the costs to implement an IEP prepared
for a child with a disability who applies to the nonresident school district, and to
provide the resident school district with a copy of the estimate. If the nonresident
school district fails to provide the information, the nonresident school district may
not charge the resident school district for the costs to provide the special education
and related services to the child.
The bill also creates an alternative application process, with a separate time
line, under the OEP for a pupil who satisfies one of the following criteria: 1) the pupil
has been the victim of a violent criminal offense; 2) the pupil is or has been a homeless
pupil; 3) the pupil has been the victim of repeated bullying or harassment; 4) the
place of residence of the pupil's parent or guardian and of the pupil has changed as
a result of military orders; 5) the pupil has moved into this state; 6) the place of
residence of the pupil has changed as a result of a court order or custody agreement
or placement in or removal from a foster home; or 7) the parent of the pupil and the
nonresident school board agree that attending school in the nonresident school
district is in the best interests of the pupil.
A nonresident school district that receives an application under the alternative
time line must immediately forward a copy to the resident school board and must
notify the applicant, in writing, whether it has accepted the application no later than
20 days after receiving it.
This bill permits a school district to increase the revenue limit applicable to the
school by the amount of any reduction to the school district's payment from DPI in
the previous year for a pupil who was not included in the calculation of the number
of pupils enrolled in that school district in the previous year.
Current law generally requires a school district to provide transportation to
and from school for a pupil attending a private school that is located at least two miles
from the pupil's residence. If the estimated cost of transporting a pupil to a private
school is more than 1.5 times the school district's average cost per pupil for bus
transportation, the school board may contract with the pupil's parent or guardian.
Except in a first class city school district (currently, only the Milwaukee Public
Schools), the contract must provide for an annual payment for each pupil. In a first
class city school district, if two or more pupils reside in the same household and
attend the same private school, the contract may provide for a total annual payment
of the amount described above for all of the pupils instead of for each of the pupils.
This bill extends this provision to all school districts.
Under current law, no school bus driver, school district employee, or volunteer
may administer medications, including prescription and nonprescription drug
products, unless the person has received training approved by DPI. This bill
eliminates the requirement that DPI approve the training.
Under current law, a school nurse is defined to mean a registered nurse licensed
either under state law or in a party state under the Nurse Licensure Compact who
also meets qualifications established by DPI by rule. This bill eliminates the
requirement that a school nurse meet qualifications established by DPI.
This bill directs DPI, working with the office of the governor, to establish a
student information system to collect and maintain information about public school
pupils, including their academic performance and demographic information,
aggregated by school district, school, and teacher. DPI may not spend any moneys
appropriated for the system unless its annual expenditure plan is approved by the
governor. The bill requires DPI to charge a fee to any school district that uses the
system and authorizes DPI to charge a fee to any other person that uses the system.
This bill creates an appropriation to fund the work of a task force to be created
by the governor to assess and improve literacy in elementary school children.
Higher education
Currently, the UW System consists of 13 four-year institutions, including the
UW-Madison, 13 two-year colleges, and the UW-Extension. The UW System is
governed by the Board of Regents, which consists of the state superintendent of
public instruction, the president of the technical college system, 14 citizen members,
and two students. The latter 16 members are appointed by the governor and
confirmed by the senate. There is a shared, hierarchical system of governance for
the UW System: the Board of Regents has primary responsibility, followed by the UW
System president, the chancellors of the institutions, the faculty, and the academic
staff and students. Three boards are created in or attached to the UW System: the
Environmental Education Board, the Laboratory of Hygiene Board, and the
Veterinary Diagnostic Laboratory.
This bill creates an authority called the University of Wisconsin-Madison,
consisting of the current UW-Madison. The board of Trustees, which governs the
authority, consists of 21 members, 11 of whom are appointed by the governor, and the
chancellor, who serves as a nonvoting member. The Board of Trustees appoints the
chancellor to serve at its pleasure as the chief executive officer of the authority. The
bill establishes a shared, hierarchical governance system for the authority,
consisting of the Board of Trustees, followed by the chancellor, the faculty, and the
academic staff and students.
The bill transfers all assets and liabilities of the current UW-Madison,
including real property, and all incumbent UW-Madison employees to the authority.
Until July 1, 2012, the authority must adhere to the terms of any collective
bargaining agreement covering the employees, and the authority is considered an
agency under the state employment relations laws for all purposes. Beginning July
1, 2012, the authority must implement its own personnel system. Tenured faculty
at UW-Madison retain their tenure at the authority. The authority remains a
participating employer in the Wisconsin Retirement System and authority
employees retain health insurance and other benefits they had as state employees.
All contracts entered into by the Board of Regents that are primarily related to the
operation of the current UW-Madison, including the contracts with the Board of
Directors of the UW Hospitals and Clinics Authority, are transferred to the
authority's Board of Trustees.
The bill requires the Board of Trustees to adopt rules relating to conduct on
university property and authorizes the Board of Trustees to condemn property.
Current law prohibits the Board of Regents of the UW System from increasing
resident undergraduate tuition beyond an amount sufficient to fund certain
specified costs and activities. This bill does not impose these restrictions on the
establishment of tuition by the Board of Trustees.
The bill appropriates general purpose revenue, program revenue, and moneys
from segregated funds to the authority. The authority is not required to deposit
moneys that it receives, such as tuition, gifts, grants, and federal revenue, into the
state treasury and may transfer gifts, grants, and donations to the UW Foundation.
However, it must transfer daily to the state treasurer for deposit into the local
government pooled-investment fund the collected cash balance from all sources
except gifts, grants, and donations.
The bill abolishes the Laboratory of Hygiene Board and the Veterinary
Diagnostic Laboratory Board and transfers their functions to the authority. The bill
directs the Board of Trustees to appoint the director of the laboratory of hygiene, the
director of the psychiatric institute, the state geologist, and the state cartographer.
The bill makes other changes regarding the UW-System and the
UW-Madison, including the following:
1. Transfers loan assistance programs for physicians and other health care
providers, but not dentist and dental hygienist programs, from the Board of Regents
to the Board of Trustees.
2. Adds one person associated with the authority to each of the following boards
and councils: the teachers retirement board in DETF, the natural areas preservation
council in DNR, the professional standards council for teachers in DPI, the Higher
Educational Aids Board, and the Technical College System Board.
3. Replaces certain Board of Regents members of the University of Wisconsin
Hospitals and Clinics Board and the board of directors of the University of Wisconsin
Hospitals and Clinics Authority with the Board of Trustee members.
The bill does the following regarding legal proceedings involving the authority:
1. Under current law, no one may sue a state officer, employee, or agent who
is acting in his or her official capacity for damages unless the person serves the
attorney general with a written notice of claim within 120 days of the event that
allegedly caused the damages. This bill applies the prohibition to actions against an
officer, director, employee, or agent of the Board of Trustees.
2. With a few exceptions, current law limits damages in a case against a state
officer, employee, or agent who is acting in his or her official capacity to $250,000.
This bill applies the limit to actions against an officer, director, employee, or agent
of the Board of Trustees.
3. Under current law, generally, if a public officer or a state employee is sued
in an official capacity or for actions undertaken within the scope of his or her
employment, the state or the political subdivision that employs the officer or
employee must provide legal counsel to the defendant officer or employee or cover
legal costs for the officer or employee. If damages are assessed against the officer or
employee, the state or political subdivision must pay the damages. Under this bill,
an officer, director, employer, or agent of the Board of Trustees is treated as a state
officer, director, employer, or agent for purposes of these requirements.
4. Under current law, DOJ represents the state, state agencies, and state
employees in certain legal proceedings, reviews, and actions. Under this bill, DOJ
represents the Board of Trustees as a department of state government and the
officials, employees, and agents of the board as state officials, employees, and agents
for the purpose of representation in civil and criminal proceedings, and, upon
request, for the purpose of appearing for and representing the board or its officials,
employees, or agents at an administrative or civil court proceeding.
This bill directs the Board of Regents of the UW System to submit a plan to the
secretary of administration by October 1, 2012, for the conversion of the
UW-Milwaukee to an authority.
Current law allows the Board of Regents to charge different tuition rates to
resident and nonresident students. Current law also includes nonresident tuition
exemptions, under which certain nonresident students pay resident tuition rates.
One of the exemptions applies to an alien who is not a legal permanent resident of
the United States and who: 1) graduated from a Wisconsin high school or received
a declaration of equivalency of high school graduation from Wisconsin; 2) was
continuously present in Wisconsin for at least three years following the first day of
attending a Wisconsin high school or immediately preceding receipt of a declaration
of equivalency of high school graduation; and 3) enrolls in a UW System institution
and provides the institution with an affidavit stating that he or she has filed or will
file an application for permanent residency with U.S. Citizenship and Immigration
Services as soon as the person is eligible to do so. This bill eliminates the foregoing
nonresident tuition exemption.
Current law also provides that an alien described above is considered a resident
of this state for purposes of admission to and payment of fees at a technical college
in this state. This bill eliminates that provision.
This bill prohibits a technical college district board's tax levy for operations in
2011 and 2012 from being greater than its tax levy for operations in 2010. If a district
board's levy exceeds the allowable amount, the Technical College System Board must
reduce the district's state aid payments by the amount of the excess levy unless DOR
determines that the district board's excess levy was caused by a clerical error made
by DOR or a taxation district or county clerk.
Current law requires the UW System and each technical college to grant full
remission of fees for 128 credits or eight semesters, whichever is longer, less the
amount of any fees paid under the federal Reserve Officer Training Corps Program,
the federal Veterans Vocational Rehabilitation Act, or the federal Post-9/11 Veterans
Educational Assistance Act of 2008 to an eligible veteran or to the spouse,
unremarried surviving spouse, or child of an eligible veteran.
This bill requires the UW-Madison, the UW System, and a technical college to
grant full remission of fees for 128 credits or eight semesters, whichever is longer,
without reduction for any fees paid under those federal programs.
Other educational and cultural agencies
Under current law, the Higher Educational Aids Board (HEAB) awards
Wisconsin covenant scholar grants to undergraduates enrolled at least half time at
nonprofit public or private institutions of higher education or at tribally controlled
colleges in this state. Currently, the Office of the Wisconsin Covenant Scholars
Program in DOA (office) promotes attendance at nonprofit institutions of higher
education in this state and performs certain duties relating to the administration of
the program.
This bill eliminates the office and the promotional activities performed by the
office and transfers to HEAB the administrative duties currently performed by the
office. The bill also prohibits students from enrolling in the program after September
30, 2011.
Under current law, the Arts Board is attached to the Department of Tourism,
which means that, subject to certain exceptions, the Arts Board exercises its powers,
duties, and functions, including the duty of appointing an executive secretary,
independently of the secretary of tourism.
This bill places the Arts Board in the Department of Tourism so that the Arts
Board exercises all of its powers, duties, and functions under the direction and
supervision of the secretary of tourism, and requires the secretary of tourism to
appoint an executive director of the Arts Board to serve at the pleasure of the
secretary.
Current law generally requires at least 0.02 percent of the appropriation for the
construction, reconstruction, renovation, or remodeling of, or for an addition to, a
state building to be used to acquire works of art for the building (Percent for Art
Program). This bill eliminates the Percent for Art Program.
Environment
Recycling
Current law generally prohibits a person from disposing of certain materials,
such as aluminum containers, in a landfill or incinerator and requires a municipality
or county to operate a recycling or other program to manage solid waste in
compliance with the disposal restrictions. DNR administers a program that provides
financial assistance to local governments that operate recycling programs.
This bill eliminates the requirement that a municipality or county operate a
recycling or other program to manage solid waste in compliance with the disposal
restrictions, eliminates the financial assistance program for local governmental
recycling programs, and prohibits an individual from placing materials such as
aluminum containers with materials to be disposed of in a landfill or incinerator.
Under current law, the main sources of revenue for the segregated recycling and
renewable energy fund are the recycling tipping fee and the recycling surcharge.
Currently, the recycling tipping fee is $7 per ton of solid waste disposed of, other than
certain kinds of high-volume industrial waste.
This bill renames the recycling and renewable energy fund to be the economic
development fund and renames the recycling surcharge to be the economic
development surcharge. The bill directs $4 per ton of the recycling tipping fee to be
deposited in the economic development fund and $3 per ton to be deposited in the
environmental fund.
Water quality
Current law requires DNR to promulgate rules prescribing performance
standards for facilities or practices that cause or may cause water pollution from a
source other than a discernible, confined, and discrete conveyance (nonpoint source
water pollution).
This bill requires DNR to repeal and recreate its nonpoint source water
pollution rules effective 90 days after this bill's effective date and specifies that the
rules may not be more stringent than the requirements under the federal Water
Pollution Control Act. The rules must, to the extent allowed under federal law,
provide that a fixed-date deadline regarding the reduction of runoff from existing
development does not apply to a municipality if the deadline would have a significant
adverse economic impact on that municipality.
Under current law, DNR may promulgate rules that establish effluent
limitations concerning the discharge of phosphorous if the federal Environmental
Protection Agency has not promulgated a phosphorus discharge limitation,
standard, or prohibition. This bill prohibits DNR from establishing phosphorous
effluent limitations that are more stringent than the effluent limitations established
by Illinois, Indiana, Michigan, Minnesota, or Ohio.
Under current law, DNR establishes statewide standards for erosion control at
commercial building construction sites. Plans for erosion control at these sites must
be submitted to, and approved by, DNR or a municipality to which DNR has
delegated authority to act. Current law also requires DNR or a delegated
municipality to inspect erosion control activities and structures at these sites.
This bill transfers the responsibility for administering the erosion control laws
with regard to commercial building construction sites from DNR to DSPS, formerly
called DRL.
Under the Clean Water Fund Program, this state provides financial assistance
for projects that control water pollution, including loans at subsidized interest rates.
Under current law, the following interest rates apply: 60 percent of the market
interest rate for projects that are necessary to prevent a municipality from exceeding
a pollution limit in its wastewater discharge permit, 65 percent of the market
interest rate for projects for the treatment of nonpoint source pollution and urban
storm water runoff, and 70 percent of the market interest rate for projects for
unsewered municipalities. This bill changes the interest rate for all of these kinds
of projects to 80 percent of the market interest rate. This bill sets the present value
of the Clean Water Fund Program subsidies that may be provided during the
2011-13 biennium at $54,400,000 and increases the revenue bonding authority for
the Clean Water Fund Program by $353,000,000.
This state also provides financial hardship assistance to municipalities under
the Clean Water Fund Program. Current law limits the amount of financial hardship
assistance that this state may provide to 15 percent of the total present value of the
Clean Water Fund Program subsidies in a fiscal biennium. This bill changes the
percentage to 5 percent.
Under the Safe Drinking Water Loan Program, this state provides loans at
subsidized rates to local governmental units for construction or modification projects
for public water systems. This bill sets the present value of the Safe Drinking Water
Loan Program subsidies that may be provided during the 2011-13 biennium at
$30,700,000 and increases the general obligation bonding authority for the Safe
Drinking Water Loan Program by $9,400,000.
Bonding
Under current law, DNR administers the targeted runoff management
program to provide financial assistance for projects to reduce nonpoint source water
pollution in areas that have surface water quality problems. This bill increases the
authorized general obligation bonding authority for the targeted runoff
management program by $7,000,000.
Under current law, DNR administers programs to provide financial assistance
for the management of urban storm water runoff and for flood control and riparian
restoration projects. This bill increases the general obligation bonding authority for
these programs by $6,000,000.
Current law authorizes DNR to pay a portion of the costs of a project to remove
contaminated sediment from Lake Michigan or Lake Superior or their tributaries.
This bill increases the bonding authority for sediment removal projects by
$5,000,000.
Current law authorizes DNR to conduct or fund activities to investigate and
remedy environmental contamination in some situations. This bill increases the
authorized bonding authority to finance those activities by $3,000,000.
Other
The petroleum inspection fund, among other things, pays for projects to clean
up discharges from petroleum product storage tanks. This bill transfers $19,500,000
from the petroleum inspection fund to the transportation fund in each year of the
fiscal biennium.
health and human services
Wisconsin Works
The Wisconsin Works (W-2) program under current law, which is administered,
generally, by W-2 agencies under contracts with DCF, provides work experience and
benefits for low-income custodial parents who are at least 18 years old, as well as job
search assistance to noncustodial parents who are required to pay child support, to
minor custodial parents, and to pregnant women who are not custodial parents.
Also, an individual who is the parent of a child under the age of 13 or, if the child is
disabled, under the age of 19, who needs child care services to participate in various
educational or work activities, and who satisfies other eligibility criteria may receive
a subsidy for child care services under W-2's child care subsidy program (Wisconsin
Shares). This bill makes a number of miscellaneous changes to W-2, including the
following:
1. Limiting the length of time during which a participant may participate in
a trial job to three months and in a trial job placement to 24 months; limiting the
length of time during which a participant may participate in a community service job
to six months and in a community service job placement to 24 months; and limiting
the length of time during which a participant may participate in a transitional
placement to 24 months.
2. Providing that a participant in a community service job placement may be
required to engage in certain job-related activities for up to 30 hours per week and
in educational or training activities for up to ten hours per week and that a
participant in a transitional placement may be required to engage in certain
specified activities for up to 28 hours per week and in educational or training
activities for up to 12 hours per week.
3. Reducing the maximum monthly grant received by a participant in a
community service job placement from $673 to $653 and by a participant in a
transitional placement from $628 to $608.
4. Eliminating the requirement that DCF make certain determinations before
determining that a participant is ineligible for three months to participate in W-2
due to a failure to participate in an assigned placement and the requirement that,
before a participant who has refused to participate in an assigned placement loses
eligibility for three months, he or she must be given a conciliation period.
5. Eliminating the requirement that, after a W-2 agency has provided written
notice to a W-2 participant whose benefits are about to be reduced by at least 20
percent or whose eligibility is about to be terminated, the W-2 agency also must
orally explain the proposed action.
The bill also eliminates the transitional jobs demonstration project, under
which DCF provides wage subsidies to employers who employ eligible individuals.
Current law prohibits DCF from increasing the maximum Wisconsin Shares
child care provider reimbursement rates in 2009, 2010, or before June 30, 2011.
Current law also requires DCF to submit to JCF a plan for implementing the child
care quality rating system (quality rating plan). This bill provides that before June
30, 2013, DCF may not increase the maximum Wisconsin Shares child care provider
reimbursement rates, but may modify an individual child care provider's
reimbursement rate on the basis of the child care provider's quality rating, as that
term is described in the quality rating plan, as follows: a provider who receives a
one-star rating may be denied reimbursement; one who receives a two-star rating
may have the maximum reimbursement rate reduced by up to 5 percent; one who
receives a three-star rating will receive reimbursement at the maximum rate; one
who receives a four-star rating may have the maximum reimbursement rate
increased by up to 5 percent; and one who receives a five-star rating may have the
maximum reimbursement rate increased by up to 10 percent. In addition, DCF is
authorized to use a severity-index tool, as that term is described in the quality rating
plan, to disqualify providers who receive low-quality ratings from providing child
care services in Wisconsin Shares.
The bill authorizes DCF to do any of the following to reduce costs under
Wisconsin Shares: 1) implement a waiting list; 2) increase the copayments paid by
individuals who receive a child care subsidy; 3) adjust the amount of reimbursement
paid to child care providers; or 4) adjust the gross income levels for eligibility for child
care subsidies.
