LRB-2439/5
PG/TKK/JK:kjf&jld:jf
2011 - 2012 LEGISLATURE
March 8, 2012 - Introduced by Representatives Pope-Roberts and Clark,
cosponsored by Senator Holperin. Referred to Committee on Education.
AB677,2,7 1An Act to repeal 20.255 (2) (ap), 118.30 (1s) (b), 121.137 and 121.90 (2) (am) 4.;
2to renumber 121.58 (6); to amend 20.255 (2) (ac), 20.255 (2) (bs), 79.10 (4),
379.10 (5m), 79.14, 79.15, 118.30 (1s) (a) (intro.), 118.60 (4) (b) 2., 118.60 (4r) (a),
4119.23 (4) (b) 2., 119.23 (4r) (a) 2., 119.46 (1), 121.004 (7) (a), 121.07 (6) (d),
5121.08 (4) (br), 121.105 (2) (am) 1., 121.105 (2) (am) 2. (intro.), 121.15 (1m) (a)
63., 121.54 (2) (b) 4., 121.55 (3) (b), 121.58 (6) (title), 121.90 (1) (intro.), 121.905
7(3) (c) 4., 121.905 (3) (c) 5., 121.91 (2m) (h) 3., 121.91 (2m) (i) 2., 121.91 (2m) (r)
81. b. and 121.91 (2m) (s) 1. b.; to repeal and recreate 121.08 (4) (b); to create
920.255 (2) (bf), 117.40 (5), 119.23 (4r) (a) 3., 121.004 (7) (g), 121.10, 121.105 (4),
10121.136 (3), 121.15 (3m), 121.58 (6) (b) and 121.91 (2m) (i) 1g. and 1r. of the
11statutes; and to affect 2007 Wisconsin Act 20, section 9137 (3k) and 2011
12Wisconsin Act 32
, section 9137 (3r); relating to: counting low-income pupils
13for state school aid purposes; calculating the amount to be appropriated for
14state general school aid; aid to school districts in which parental choice

1programs have been established; school aid factors; special adjustment aids;
2hold harmless aid; school district revenue limits; payments to independent
3charter schools and to private schools participating in a parental choice
4program; grants to school districts for efficiency and consolidation feasibility
5studies; transportation aid to school districts; transportation of private school
6pupils; the first dollar and school levy property tax credits; granting
7rule-making authority; and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the state supports the costs of kindergarten to 12th grade
education through three different methods: unrestricted general school aid, also
known as equalization aid; grants and categorical aids, which partially fund specific
program costs; and the state school levy tax credit and the first dollar credit. The
amount of equalization aid available to be distributed statewide each year is
established in a sum certain appropriation, and equalization aid is distributed
amongst school districts on the basis of the relative fiscal capacity of each school
district as measured by the district's per pupil value of taxable property.
Beginning in May 2013, and annually thereafter, this bill directs the
Department of Public Instruction (DPI), the Department of Administration, and the
Legislative Fiscal Bureau jointly to certify to the Joint Committee on Finance the
amount necessary to appropriate as general school aids in the following fiscal year
to pay for the following portion of public school costs:
1. For the 2013-14 school year, 65.28 percent.
2. For the 2014-15 school year, 65.56 percent.
3. For the 2015-16 school year, 65.84 percent.
4. For the 2016-17 school year, 66.12 percent.
5. For the 2017-18 school year, 66.40 percent.
6. For the 2018-19 school year and each school year thereafter, two-thirds.
The bill directs the Joint Committee on Finance to determine the amount
appropriated as general school aids for the 2014-15 fiscal year and biennially
thereafter.
This bill also eliminates the first dollar and school levy property tax credits.
This bill specifies that a pupil who is eligible for a free or reduced-price lunch
under the federal School Lunch Act is counted an additional 20 percent of what he
or she would otherwise be counted for state aid purposes.
This bill modifies the secondary ceiling cost factor in the school aid formula.
Currently, it is the amount determined by dividing the state total shared cost by the
state total enrollment and multiplying the result by .90. This bill removes the 10
percent reduction.

Current law guarantees a school district at least 85 percent of the state aid it
received in the previous school year. This bill increases the guarantee to 90 percent.
This bill also provides that no school district may receive less in general state aid
than $3,000 per pupil.
Current law reduces the state aid of the school districts in which parental choice
programs have been established (currently only Milwaukee Public Schools (MPS)
and Racine Unified School District) by 38.4 percent of the amount paid to the private
schools participating in the parental choice programs. This bill reduces the
reduction to 30 percent.
This bill eliminates categorical state aid for high-poverty school districts.
Current law annually delays the payment of $75,000,000 in school aid until
July of the following fiscal year. This bill increases that amount to $972,400,000.
Under current law, the per pupil revenue limit increase is $50 in the 2012-13
school year. This bill raises that amount to $200. Under current law, in succeeding
years, the increase is zero. This bill provides an increase in succeeding years equal
to the five-year rolling average increase in average total personal income in this
state multiplied by the secondary cost ceiling per pupil used to distribute state school
aid.
Under current law, a school district that levies the maximum amount allowed
under revenue limits in the district's November 2012 certification of the district's
levy is eligible to receive a per pupil adjustment of up to $50 in the 2012-13 school
year. This bill eliminates this per pupil adjustment and transfers the $42,500,000
appropriated for the per pupil adjustment to the general state school aids
appropriation for the 2012-13 fiscal year.
Beginning in the 2012-13 school year, this bill provides additional state aid to
school districts to ensure that they receive at least the amount of general
equalization aid that they received in the previous school year.
Under current law, beginning in the 2013-14 school year, the state pays to each
private school participating in a parental choice program, for each pupil attending
the private school under the program, the lessor of the school's educational cost per
pupil or the amount paid in the previous school year increased by the percentage
change in the total amount appropriated as general school aid.
Beginning in the 2013-14 school year, this bill provides for the payment to be
the lessor of the school's educational cost per pupil or the amount paid in the previous
school year plus the amount determined by multiplying the percentage increase in
a five-year rolling average of this state's average total personal income by the
secondary cost ceiling per pupil used to distribute state school aid.
This bill requires DPI to reduce payments to independent charter schools and
to private schools participating in the parental choice programs in the 2012-13 fiscal
year by 3.5 percent.
This bill authorizes DPI to award grants of up to $10,000 to consortia of two or
more school districts to study ways of improving efficiency and reducing costs by
working cooperatively or to study the feasibility of consolidating the school districts.
A consortium awarded a grant to study ways of improving efficiency must provide

an amount equal to 20 percent of the amount of the grant. The bill prohibits DPI from
awarding more than one grant to the same consortium in the same school year.
Current law requires DPI to prorate state aid payments to school districts for
transportation costs if the amount appropriated is insufficient to cover all eligible
costs. Under this bill, beginning in the 2011-12 fiscal year, if there is a balance in
the appropriation after DPI pays all approved claims, DPI must distribute the
balance to school districts on a prorated basis.
Current law, with some exceptions, 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 fulfill its obligation to transport
the pupil by contracting with the pupil's parent or guardian. Except as provided
below, the contract must provide for an annual payment for each pupil of at least $5
times the number of miles between the pupil's residence and the private school, or
the school district's average cost per pupil for bus transportation, whichever is
greater.
In a first class city school district (currently, only MPS), if two or more pupils
reside in the same household and attend the same private school, the contract may,
at the discretion of the school board, 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.
Currently, annually by May 15 each private school must notify each school
board of the names, grade levels, and locations of all pupils eligible to be transported
by the school board during the succeeding school term. This bill changes the
notification date to July 1.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB677, s. 1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB677, s. 2
1Section 2. 20.255 (2) (ac) of the statutes is amended to read:
AB677,5,82 20.255 (2) (ac) General equalization aids. The amounts in the schedule A sum
3sufficient
for the payment of educational aids under ss. 121.08, 121.09, 121.095,
4121.105, 121.137 and subch. VI of ch. 121 equal to $4,261,954,000 in the 2011-12
5fiscal year, equal to $4,685,888,000 in the 2012-13 fiscal year, equal to the amount
6determined by the joint committee on finance under s. 121.15 (3m) (c) in the 2014-15
7fiscal year and biennially thereafter, and equal to the amount determined by law in
8the 2013-14 fiscal year and biennially thereafter
.
AB677, s. 3 9Section 3. 20.255 (2) (ap) of the statutes, as created by 2011 Wisconsin Act 32,
10is repealed.
AB677, s. 4 11Section 4. 20.255 (2) (bf) of the statutes is created to read:
AB677,5,1312 20.255 (2) (bf) Hold harmless aid. The amounts in the schedule for hold
13harmless aid to school districts under s. 121.10.
AB677, s. 5 14Section 5. 20.255 (2) (bs) of the statutes is amended to read:
AB677,5,1815 20.255 (2) (bs) School district efficiency and consolidation grants. The amounts
16in the schedule for grants for school district efficiency and consolidation feasibility
17studies under 2007 Wisconsin Act 20, section 9137 (3k). No funds may be
18encumbered from this appropriation after June 30, 2009
s. 117.40.
AB677, s. 6 19Section 6. 79.10 (4) of the statutes is amended to read:
AB677,5,2420 79.10 (4) School levy tax credit. Except as provided in sub. (5m), the amounts
21appropriated under s. 20.835 (3) (b) and (qb) shall be distributed to municipalities
22in proportion to their share of the sum of average school tax levies for all
23municipalities. No municipality shall receive a payment under this subsection after
242012.
AB677, s. 7 25Section 7. 79.10 (5m) of the statutes is amended to read:
AB677,6,6
179.10 (5m) First dollar credit. Each municipality shall receive, from the
2appropriation under s. 20.835 (3) (b), an amount determined by multiplying the
3school tax rate by the estimated fair market value, not exceeding the value
4determined under sub. (11) (d), of every parcel of real property with improvements
5that is located in the municipality. No municipality shall receive a payment under
6this subsection after 2012.
AB677, s. 8 7Section 8. 79.14 of the statutes is amended to read:
AB677,6,12 879.14 School levy tax credit. The appropriation under s. 20.835 (3) (b), for
9the payments under s. 79.10 (4), is $319,305,000 in 1994, 1995, and 1996;
10$469,305,000 beginning in 1997 and ending in 2006; $593,050,000 in 2007;
11$672,400,000 in 2008; $747,400,000 in 2009; and $732,550,000 in 2010 and in each
12year thereafter
, 2011, and 2012.
AB677, s. 9 13Section 9. 79.15 of the statutes is amended to read:
AB677,6,17 1479.15 Improvements credit. The total amount paid each year to
15municipalities from the appropriation account under s. 20.835 (3) (b) for the
16payments under s. 79.10 (5m) is $75,000,000 in 2009, $145,000,000 in 2010, and
17$150,000,000 in 2011 and in each year thereafter 2012.
AB677, s. 10 18Section 10. 117.40 (5) of the statutes is created to read:
AB677,6,2019 117.40 (5) The department shall promulgate rules to implement and
20administer this section.
AB677, s. 11 21Section 11. 118.30 (1s) (a) (intro.) of the statutes is amended to read:
AB677,6,2422 118.30 (1s) (a) (intro.) Except as provided in par. (b), annually Annually, the
23governing body of each private school participating in the program under s. 119.23
24shall do all of the following:
AB677, s. 12 25Section 12. 118.30 (1s) (b) of the statutes is repealed.
AB677, s. 13
1Section 13. 118.60 (4) (b) 2. of the statutes, as created by 2011 Wisconsin Act
232
, is amended to read:
AB677,7,123 118.60 (4) (b) 2. The amount paid per pupil under this subsection in the
4previous school year multiplied by the sum of 1.0 plus an amount determined by
5multiplying
the percentage change from the previous school year to the current
6school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a
7decimal, but not less than zero
increase in the average total personal income in this
8state between the 5 years beginning with the 7th previous calendar year and the 5
9years beginning with the 6th previous calendar year by the secondary cost ceiling per
10member used to distribute state aid in the current school year. In this subdivision,
11"average total personal income" means the average total personal income as reported
12by the U.S. Bureau of Economic Analysis
.
AB677, s. 14 13Section 14. 118.60 (4r) (a) of the statutes, as created by 2011 Wisconsin Act
1432
, is amended to read:
AB677,7,1715 118.60 (4r) (a) Multiply In the 2011-12 school year, multiply the amount
16determined under sub. (4) (b) or (bg) by 0.616; and in each school year thereafter,
17multiply the amount determined under sub. (4) (b) or (bg) by 0.70
.
AB677, s. 15 18Section 15. 119.23 (4) (b) 2. of the statutes is amended to read:
AB677,8,319 119.23 (4) (b) 2. The amount paid per pupil under this subsection in the
20previous school year multiplied by the sum of 1.0 plus an amount determined by
21multiplying
the percentage change from the previous school year to the current
22school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a
23decimal, but not less than zero
increase in the average total personal income in this
24state between the 5 years beginning with the 7th previous calendar year and the 5
25years beginning with the 6th previous calendar year by the secondary cost ceiling per

1member used to distribute state aid in the current school year. In this subdivision,
2"average total personal income" means the average total personal income as reported
3by the U.S. Bureau of Economic Analysis
.
AB677, s. 16 4Section 16. 119.23 (4r) (a) 2. of the statutes is amended to read:
AB677,8,65 119.23 (4r) (a) 2. In the 2010-11 and 2011-12 school year and in any school year
6thereafter
years, multiply the amount determined under sub. (4) (b) or (bg) by 0.616.
AB677, s. 17 7Section 17. 119.23 (4r) (a) 3. of the statutes is created to read:
AB677,8,98 119.23 (4r) (a) 3. In the 2012-13 school year and in any school year thereafter,
9multiply the amount determined under sub. (4) (b) or (bg) by 0.70.
AB677, s. 18 10Section 18. 119.46 (1) of the statutes, as affected by 2011 Wisconsin Act 17,
11is amended to read:
AB677,9,612 119.46 (1) As part of the budget transmitted annually to the common council
13under s. 119.16 (8) (b), the board shall report the amount of money required for the
14ensuing school year to operate all public schools in the city under this chapter, to
15repair and keep in order school buildings and equipment, to make material
16improvements to school property, and to purchase necessary additions to school sites.
17The report shall specify the amount of net proceeds from the sale or lease of
18city-owned property used for school purposes deposited in the immediately
19preceding school year into the school operations fund as specified under s. 119.60
20(2m) (c). The amount included in the report for the purpose of supporting the
21Milwaukee Parental Choice Program under s. 119.23 shall be reduced by the amount
22of aid received by the board under s. 121.136 and by the amount specified in the
23notice received by the board under s. 121.137 (2)
. The common council shall levy and
24collect a tax upon all the property subject to taxation in the city, which shall be equal
25to the amount of money required by the board for the purposes set forth in this

1subsection, at the same time and in the same manner as other taxes are levied and
2collected. Such taxes shall be in addition to all other taxes which the city is
3authorized to levy. The taxes so levied and collected, any other funds provided by law
4and placed at the disposal of the city for the same purposes, and the moneys deposited
5in the school operations fund under s. 119.60 (1), (2m) (c), and (5), shall constitute
6the school operations fund.
AB677, s. 19 7Section 19. 121.004 (7) (a) of the statutes is amended to read:
AB677,9,128 121.004 (7) (a) "Pupils enrolled" is the total number of pupils, as expressed by
9official enrollments, in all schools of the school district, except as provided in pars.
10(b) to (f) (g). If such total contains a fraction, it shall be expressed as the nearest whole
11number. The same method shall be used in computing the number of pupils enrolled
12for resident pupils, nonresident pupils or both.
AB677, s. 20 13Section 20. 121.004 (7) (g) of the statutes is created to read:
AB677,9,1614 121.004 (7) (g) A pupil who is eligible for a free or reduced-price lunch under
1542 USC 1758 (b) shall be counted as the number specified in this subsection for the
16pupil plus an additional 20 percent of that number.
AB677, s. 21 17Section 21. 121.07 (6) (d) of the statutes is amended to read:
AB677,9,2118 121.07 (6) (d) The "secondary ceiling cost per member" in the 2001-02 2012-13
19school year and in each school year thereafter is an amount determined by dividing
20the state total shared cost in the previous school year by the state total membership
21in the previous school year and multiplying the result by 0.90.
AB677, s. 22 22Section 22. 121.08 (4) (b) of the statutes is repealed and recreated to read:
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