Amendment SSA1-SB21

SB21-SSA1,971,16 1. In the 2013-14 school year, the school district's revenue authority per pupil under subch. VII of ch. 121 was below the statewide average.

SB21-SSA1,971,18 2. In the 2013-14 school year, the school district's membership, as defined in s. 121.004 (5), was less than 2,000 pupils.

SB21-SSA1,971,20 3. The school district qualified for aid under this section in the 2013-14 school year.

SB21-SSA1,971,24 4. In the 2013-14 school year, the school district experienced a natural disaster, including a fire, that caused the school district's total costs to increase such that the school district's expenditures for special education constituted less than 16 percent of the school district's total expenditures in that school year.

SB21-SSA1,3229p Section 3229p. 115.884 of the statutes is created to read:

SB21-SSA1,972,6 115.884 Special education transition grants. (1) In the 2016-17 school year, from the appropriation under s. 20.255 (2) (bf), the department shall award an incentive grant in the amount of $1,000 per individual to a school district, or to an operator of a charter school established under s. 118.40 (2r), that applies for a grant under this section and that demonstrates to the satisfaction of the department that the individual satisfies all of the following criteria:

SB21-SSA1,972,9 (a) The individual was enrolled in a school in the school district or in the charter school in the 2014-15 or 2015-16 school year and, at the time of his or her enrollment, an individualized education program was in effect for the individual.

SB21-SSA1,972,12 (b) At the time the school district or the operator of the charter school applies to receive an incentive grant under this section, one of the following criteria applies to the individual described in par. (a):

SB21-SSA1,972,16 1. The individual had enrolled in a higher education program within one year of leaving high school. In this subdivision, "higher education program" means a 4-year program at a college or university, a 2-year program at a college or community college, or a 2-year program at a technical college.

SB21-SSA1,972,22 2. The individual had enrolled in other postsecondary education or training within one year of leaving high school. In this subdivision, "other postsecondary education or training" includes a high school completion or equivalency program, a vocational school, an apprenticeship or short-term training program, an on-the-job training program, an adult education program, and a program, other than a 2-year program, at a vocational or technical school.

SB21-SSA1,973,2 3. The individual had been, or remains, competitively employed within one year of leaving high school. In this subdivision, "competitively employed" means 90 days or more of cumulative or consecutive work paying minimum wage or greater for an average of at least 20 hours per week in a setting with others who are not disabled.

SB21-SSA1,973,7 (2) If the appropriation under s. 20.255 (2) (bf) in the 2016-17 school year is insufficient to pay the full amount under sub. (1), the department shall prorate the amount of its payments among school districts and operators of charter schools established under s. 118.40 (2r) that are eligible for an incentive grant under this section.

SB21-SSA1,3229q Section 3229q. 115.997 (2) (h) of the statutes is amended to read:

SB21-SSA1,973,10 115.997 (2) (h) "Local education agency" means a school district or the operator of a charter school under s. 118.40 (2r) or (2x).

SB21-SSA1,3229r Section 3229r. Subchapter IX of chapter 115 [precedes 115.999] of the statutes is created to read:

SB21-SSA1,973,13 CHAPTER 115

SB21-SSA1,973,14 subchapter ix

SB21-SSA1,973,16 opportunity schools and partnership program

SB21-SSA1,3229s Section 3229s. 115.999 of the statutes is created to read:

SB21-SSA1,973,19 115.999 Opportunity schools and partnership program. (1) Definitions. In this subchapter:

SB21-SSA1,973,21 (a) "Commissioner" means the individual in charge of the opportunity schools and partnership program under this subchapter.

SB21-SSA1,973,23 (b) "County executive" means the chief elected official of the county within which all or the majority of the territory of an eligible school district lies.

SB21-SSA1,974,3 (c) "Eligible school" means a public school in an eligible school district identified on the annual report submitted by the state superintendent under s. 115.28 (10m) (b).

SB21-SSA1,974,5 (d) "Eligible school district" means a school district that satisfies all of the following:

SB21-SSA1,974,8 1. The school district was assigned to the lowest performance category on the accountability reports published for the district under s. 115.385 (1) in the 2 most recent school years.

SB21-SSA1,974,10 2. The membership of the school district is greater than 15,000. In this subdivision, "membership" has the meaning given in s. 121.004 (5).

SB21-SSA1,974,12 3. The school district received intradistrict transfer aid under s. 121.85 (6) (a) in the 2 school years described under subd. 1.

SB21-SSA1,974,14 (e) "Mayor" means the mayor of the city within which all or the majority of the territory of an eligible school district lies.

SB21-SSA1,974,19 (2) General provisions; commissioner; opportunity schools and partnership program. (a) Within 120 days after receiving notice under s. 115.28 (10o) (b), the governor, the mayor, and the county executive shall compile a list of candidates for commissioner. The county executive shall select a commissioner using the procedure under s. 119.9001 (2) (a).

SB21-SSA1,974,23 (b) The opportunity schools and partnership program in any eligible school district comprises individual eligible schools transferred by the commissioner of that opportunity schools and partnership program in the manner provided under s. 119.9002 (2).

SB21-SSA1,975,4 (3) Commissioner; powers and duties. Upon selection by the county executive under sub. (2), the commissioner shall establish an opportunity schools and partnership program that is substantially similar to the opportunity schools and partnership program established under subch. II of ch. 119. The commissioner shall have all of the powers and duties granted to the commissioner of the opportunity schools and partnership program under subch. II of ch. 119.

SB21-SSA1,975,12 (4) Payments on behalf of pupils attending schools transferred to the opportunity schools and partnership program; state aid adjustments. The state superintendent shall, from the appropriation under s. 20.255 (2) (fs), make payments on behalf of pupils attending schools transferred to an opportunity schools and partnership program under this subchapter in the same manner as payments are made under s. 119.9005 (1) to (3), and shall make adjustments to the amount of state aid received by the eligible school district in the manner provided in s. 119.9005 (4) and (5).

SB21-SSA1,3230 Section 3230. 116.01 of the statutes is amended to read:

SB21-SSA1,975,23 116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for benefit of a service unit between the school district and the state superintendent. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts and between school districts and the state. Cooperative educational service agencies may provide leadership, coordination, and education services to school districts, University of Wisconsin System institutions, and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public, private, and tribal schools, and all public and private agencies and organizations, that provide services to pupils.

SB21-SSA1,3231 Section 3231. 116.03 (2) of the statutes is repealed.

SB21-SSA1,3233 Section 3233. 116.03 (11) of the statutes is amended to read:

SB21-SSA1,976,5 116.03 (11) Establish the salaries of the agency administrator and other professional and nonprofessional employees. State reimbursement for the cost of the salary of the agency administrator shall be equal to the actual salary paid or the maximum of the salary range for public instruction supervisors under the state superintendent, whichever is less.

SB21-SSA1,3234 Section 3234. 116.065 (1) of the statutes is amended to read:

SB21-SSA1,976,11 116.065 (1) The school board of a school district in cooperative educational service agency no. 1, as designated on April 1, 1985, may adopt a resolution to withdraw from the an agency. The school board shall immediately notify the board of control and the state superintendent of its intention that the school board has adopted a resolution under this subsection.

SB21-SSA1,3235 Section 3235. 116.065 (2) of the statutes is amended to read:

SB21-SSA1,976,16 116.065 (2) A resolution adopted under sub. (1) or (3) prior to January 15 in any school year shall be effective the next succeeding July 1. A resolution adopted under sub. (1) or (3) on or after January 15 in any school year shall be effective on the 2nd succeeding July 1.

SB21-SSA1,3236 Section 3236. 116.065 (3) of the statutes is amended to read:

SB21-SSA1,976,21 116.065 (3) A school district that has withdrawn from the an agency described under sub. (1) may rejoin the agency. The procedures under subs. (1) and (2) apply to readmissions by adopting a resolution and immediately notifying the board of control and state superintendent of the resolution to rejoin.

SB21-SSA1,3236m Section 3236m. 116.065 (5) of the statutes is created to read:

SB21-SSA1,976,25 116.065 (5) The board of control of an agency may not assess any cost against a school district that withdraws from the agency under this section for expenses the board incurs while the school district is not in the agency.

SB21-SSA1,3237 Section 3237. 116.07 (4) of the statutes is amended to read:

SB21-SSA1,977,4 116.07 (4) No such plan is valid if it permits any territory of this state to be outside an agency area, unless the territory is part of a school district that has withdrawn from an agency under s. 116.065.

SB21-SSA1,3238 Section 3238. 116.08 (title) of the statutes is amended to read:

SB21-SSA1,977,6 116.08 (title) State Loans and local aid.

SB21-SSA1,3239 Section 3239. 116.08 (1) of the statutes is amended to read:

SB21-SSA1,977,16 116.08 (1) An amount not to exceed $25,000 annually shall be paid to each agency for the maintenance and operation of the office of the board of control and agency administrator and to match any federal funds received by the agency for vocational education administration. No state aid may be paid unless the agency submits by August 1 an annual report which includes a detailed certified statement of its expenses for the prior year to the state superintendent, and such statement reveals that the state aid was expended as provided by this section. In no case may the state aid exceed the actual expenditures for the prior year as certified in such statement.

SB21-SSA1,3240 Section 3240. 116.08 (3m) of the statutes is renumbered 116.065 (4) and amended to read:

SB21-SSA1,977,22 116.065 (4) The school board of a school district that has withdrawn from cooperative educational service an agency no. 1 under s. 116.065 under this section and is not in any other agency may contract with the department for other programs and services the school district would be receiving if it were in an agency.

SB21-SSA1,3242 Section 3242. 116.08 (5) of the statutes is repealed.

SB21-SSA1,3243 Section 3243. 117.05 (5) (a) of the statutes is amended to read:

SB21-SSA1,978,10 117.05 (5) (a) Territory in district. All territory within this state shall be included in a school district operating elementary school grades and a school district operating high school grades or in a school district operating both elementary and high school grades, except for territory located in a school district that is not operating certain grades as a result of entering into a whole grade sharing agreement under s. 118.50. No territory may be detached from a school district unless by the same order it is attached to another school district or included in a new school district created by the order. No territory may be detached from a school district that operates high school grades unless by the same order it is attached to or included in another school district that operates high school grades.

SB21-SSA1,3244 Section 3244. 117.30 (1) (a) of the statutes is amended to read:

SB21-SSA1,979,4 117.30 (1) (a) Except as provided under pars. (b) and (c) to (d), if a school district for 2 or more successive years has failed to operate sufficient classes at each grade level to provide all pupils who reside in the school district an opportunity to attend class at the appropriate grade level, the board shall attach the territory of the school district to one or more school districts that do so. Within 60 days of the date on which a school district becomes subject to this section, the state superintendent shall so notify the school district clerk and the clerk of each municipality in which part of the school district lies. Prior to August 30 of the year in which the school district becomes subject to this section, the board shall issue an order of school district reorganization attaching the school district to one or more operating school districts. Orders issued under this section take effect upon being filed as provided in s. 117.17 (2). The school board of each district to which any territory is attached under this section shall levy and collect a special tax against the property in the territory so attached for such amount as is payable for tuition and transportation, at the time of the attachment, by the school district in which the attached territory was located prior thereto, in the proportion that the equalized valuation of the attached territory bears to the total equalized valuation of the school district in which such territory was located prior to such attachment.

SB21-SSA1,3245 Section 3245. 117.30 (1) (d) of the statutes is created to read:

SB21-SSA1,979,8 117.30 (1) (d) Paragraph (a) does not apply if the school district fails to operate one or more grades but provides for their operation by another school district pursuant to a whole grade sharing agreement under s. 118.50.

SB21-SSA1,3245c Section 3245c. 118.016 (1) of the statutes is renumbered 118.016 (1) (a) and amended to read:

SB21-SSA1,979,22 118.016 (1) (a) In the 2013-14 school year, each school board and the governing body of each charter school established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in 4-year-old kindergarten to first grade in the school district or in the charter school for reading readiness. Beginning in In the 2014–15 and 2015-16 school year years, each school board and the governing body operator of each charter school established under s. 118.40 (2r) or (2x) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in 4-year-old kindergarten to second 2nd grade in the school district or in the charter school for reading readiness. The department shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge.

SB21-SSA1,3245g Section 3245g. 118.016 (1) (b) of the statutes is created to read:

SB21-SSA1,980,6 118.016 (1) (b) Beginning in the 2016-17 school year, each school board and the operator of each charter school established under s. 118.40 (2r) or (2x) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the school board or operator, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade in the school district or in the charter school for reading readiness. The school board or operator shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge. A school board or operator may administer computer adaptive assessments.

SB21-SSA1,3245h Section 3245h. 118.016 (1) (c) of the statutes is created to read:

SB21-SSA1,980,13 118.016 (1) (c) The department shall pay to the school board or operator, from the appropriation under s. 20.255 (1) (f), the per pupil cost of the selected assessment. If the appropriation under s. 20.255 (1) (f) in any fiscal year is insufficient to pay the full amount of aid under this paragraph, the state superintendent shall prorate state aid payments among the school boards and operators of charter schools entitled to the aid.

SB21-SSA1,3245j Section 3245j. 118.016 (1g) of the statutes is amended to read:

SB21-SSA1,980,17 118.016 (1g) If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or operator of the charter school under s. 118.40 (2r) or (2x) shall comply with s. 115.77 (1m) (bg).

SB21-SSA1,3245k Section 3245k. 118.016 (1r) of the statutes is amended to read:

SB21-SSA1,980,21 118.016 (1r) The school board or governing body operator of the charter school shall report the results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.

SB21-SSA1,3245L Section 3245L. 118.016 (2) of the statutes is amended to read:

SB21-SSA1,981,2 118.016 (2) The school board of the school district or governing body operator of the charter school in which the pupil is enrolled shall provide a pupil whose assessment under sub. (1) indicates that he or she is at risk of reading difficulty with interventions or remedial reading services, as described under s. 121.02 (1) (c).

SB21-SSA1,3245m Section 3245m. 118.035 (1) of the statutes is amended to read:

SB21-SSA1,981,5 118.035 (1) In this section, "school" means a public school and includes a charter school other than a charter school under s. 118.40 (2r) or (2x).

SB21-SSA1,3245p Section 3245p. 118.076 (2) (intro.) of the statutes is amended to read:

SB21-SSA1,981,10 118.076 (2) (intro.) Beginning in the 2011-12 school year, each school board operating high school grades, the operator of each charter school established under s. 118.40 (2r) or (2x) that operates high school grades, and the governing body of each private school that operates high school grades shall do all of the following:

SB21-SSA1,3245s Section 3245s. 118.125 (4) of the statutes is amended to read:

SB21-SSA1,982,5 118.125 (4) Transfer of records. Within 5 working days, a school district and, a private school participating in the program under s. 118.60 or in the program under s. 119.23, and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall transfer to another school, including a private or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, " school" and "school district" include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.

SB21-SSA1,3245t Section 3245t. 118.133 of the statutes is created to read:

SB21-SSA1,982,12 118.133 Participation in interscholastic athletics and extracurricular activities. (1) Interscholastic athletics. (a) A school board shall permit a pupil who resides in the school district and is enrolled in a home-based private educational program to participate in interscholastic athletics in the school district on the same basis and to the same extent that it permits pupils enrolled in the school district to participate.

SB21-SSA1,982,18 (b) Upon request, the home-based educational program in which the pupil is enrolled shall provide the school board with a written statement that the pupil meets the school board's requirements for participation in interscholastic athletics based on age and academic and disciplinary records. No person may provide a false statement under this paragraph. The school board may not question the accuracy or validity of the statement or request additional information.

SB21-SSA1,982,20 (c) A school district may not be a member of an athletic association unless the association requires member school districts to comply with par. (a).

SB21-SSA1,982,25 (2) Extracurricular activities. A school board shall permit a pupil who resides in the school district and is enrolled in a home-based private educational program to participate in extracurricular activities in the school district on the same basis and to the same extent that it permits pupils enrolled in the school district to participate.

SB21-SSA1,983,5 (3) Participation fees. A school board may charge a pupil who participates in interscholastic athletics or extracurricular activities as permitted under this section participation fees, including fees for uniforms, equipment, and musical instruments, on the same basis and to the same extent that it charges these fees to a pupil who is enrolled in the school district.

SB21-SSA1,3246 Section 3246. 118.134 (3m) of the statutes is amended to read:

SB21-SSA1,983,10 118.134 (3m) A pupil attending a public school in a nonresident school district under s. 118.50 or 118.51 may not file a complaint under sub. (1) in which the pupil objects to the use of a race-based nickname, logo, mascot, or team name by the school board of the nonresident school district.

SB21-SSA1,3247 Section 3247. 118.153 (1) (a) 5. of the statutes is amended to read:

SB21-SSA1,983,16 118.153 (1) (a) 5. Eighth grade pupils whose score in each subject area on the examination administered under s. 118.30 (1m) (am) 1. or 118.301 (3) was below the basic level, 8th grade pupils who failed the examination administered under s. 118.30 (1m) (am) 2. or 118.301 (3), and 8th grade pupils who failed to be promoted to the 9th grade.

SB21-SSA1,3247e Section 3247e. 118.19 (3) (a) of the statutes is amended to read: