Amendment SA1-AB64

AB64-SA1,13,23 50. Page 740, line 24: after that line insert:

AB64-SA1,13,24 “ Section 1454c. 111.39 (4) (d) of the statutes is amended to read:

AB64-SA1,14,14 111.39 (4) (d) The department shall serve a certified copy of the findings and order on the respondent, the order to have the same force as other orders of the department and be enforced as provided in s. 103.005. The department shall also serve a certified copy of the findings and order on the complainant, together with a notice advising the complainant about the right to seek, and the time for seeking, review by the commission under sub. (5); about the right to bring, and the time for bringing, an action for judicial review under s. 111.395; and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a). Any person aggrieved by noncompliance with the order may have the order enforced specifically by suit in equity. If the examiner finds that the respondent has not engaged in discrimination, unfair honesty testing, or unfair genetic testing as alleged in the complaint, the department shall serve a certified copy of the examiner's findings served on the complainant, together with shall be accompanied by an order dismissing the complaint.

AB64-SA1,1454d Section 1454d. 111.39 (5) (b) of the statutes is amended to read:

AB64-SA1,15,2 111.39 (5) (b) If no petition is filed the respondent or complainant does not file a petition under par. (a) within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent served on that party, the findings and order shall be considered final for purposes of enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review, may either affirm, reverse, or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings. Such actions shall be based on a review of the evidence submitted. If the commission is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in the receipt of a copy of any findings and order, it the commission may extend the time another 21 days for filing the petition with the department.

AB64-SA1,1454e Section 1454e. 111.39 (5) (d) of the statutes is created to read:

AB64-SA1,15,9 111.39 (5) (d) The commission shall serve a certified copy of the commission's decision on the respondent. The commission shall also serve a certified copy of the commission's decision on the complainant, together with a notice advising the complainant about the right to bring, and the time for bringing, an action for judicial review under s. 111.395 and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a).

AB64-SA1,1454f Section 1454f. 111.397 of the statutes is created to read:

AB64-SA1,15,22 111.397 Civil action. (1) (a) Except as provided in this paragraph, the department or a person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may bring an action in circuit court requesting the relief described in sub. (2) (a) against any employer, labor organization, or employment agency that is alleged or found to have engaged in that discrimination, unfair honesty testing, or unfair genetic testing. The department or a person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may not bring an action under this paragraph against any local governmental unit, as defined in s. 19.42 (7u), or against any employer, labor organization, or employment agency employing fewer than 15 individuals for each working day in each of 20 or more calendar weeks in the current or preceding year.

AB64-SA1,16,2 (b) If a petition for judicial review of the findings and order of the commission concerning the same violation as the violation giving rise to the action under par. (a) is filed, the circuit court shall consolidate the proceeding for judicial review and the action under par. (a).

AB64-SA1,16,6 (c) A person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing is not required to file a complaint under s. 111.39 or seek review under s. 111.395 in order for the department or the person to bring an action under par. (a).

AB64-SA1,16,22 (2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit court finds that discrimination, unfair honesty testing, or unfair genetic testing has occurred, or if such a finding has been made by an examiner or the commission and not been further appealed, the circuit court may order any relief that an examiner would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint filed under s. 111.39. In addition, the circuit court shall order the defendant to pay to the person discriminated against or subjected to unfair honesty testing or unfair genetic testing any other compensatory damages, and punitive damages under s. 895.043 that the circuit court or jury finds appropriate, plus reasonable costs and attorney fees incurred in the action. If any relief was ordered under s. 111.39 or 111.395, the circuit court shall specify whether the relief ordered under this paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395. The sum of the amount of compensatory damages for future economic losses and for pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and other noneconomic losses and the amount of punitive damages that a circuit court may order may not exceed the following:

AB64-SA1,16,25 1. In the case of a defendant that employs 100 or fewer employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $50,000.

AB64-SA1,17,3 2. In the case of a defendant that employs more than 100 but fewer than 201 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $100,000.

AB64-SA1,17,6 3. In the case of a defendant that employs more than 200 but fewer than 501 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $200,000.

AB64-SA1,17,9 4. In the case of a defendant that employs more than 500 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $300,000.

AB64-SA1,17,12 (b) If the circuit court orders any payment under par. (a) because of a violation of s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the employer of that individual is liable for the payment.

AB64-SA1,17,15 (c) 1. In this paragraph, “consumer price index" means the average of the consumer price index for all urban consumers, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

AB64-SA1,18,3 2. Except as provided in this subdivision, beginning on July 1, 2019, and on each July 1 after that, the department shall adjust the amounts specified in par. (a) 1., 2., 3., and 4. by calculating the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for the 12-month period ending on December 31 of the year before the preceding year and adjusting those amounts by that percentage difference. The department shall publish the adjusted amounts calculated under this subdivision in the Wisconsin Administrative Register, and the adjusted amounts shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year of publication. This subdivision does not apply if the consumer price index for the 12-month period ending on December 31 of the preceding year did not increase over the consumer price index for the 12-month period ending on December 31 of the year before the preceding year.”.

AB64-SA1,18,5 51. Page 741, line 5: delete the material beginning with that line and ending with page 742, line 8.

AB64-SA1,18,6 52. Page 742, line 18: after that line insert:

AB64-SA1,18,7 “ Section 1461q. 115.28 (7) (b) of the statutes is amended to read:

AB64-SA1,18,18 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools and tribal schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in public, private, or tribal schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school or tribal school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private Except as provided in ss. 118.60 (2) (a) 6m. and 119.23 (2) (a) 6m., private schools are not obligated to employ only licensed or certified teachers.

AB64-SA1,1463k Section 1463k. 115.28 (43m) of the statutes is created to read:

AB64-SA1,18,21 115.28 (43m) Bullying prevention . Distribute the amounts appropriated under s. 20.255 (3) (cp) to Special Olympics Wisconsin, Inc., for bullying prevention.

AB64-SA1,1463r Section 1463r. 115.28 (44) of the statutes is created to read:

AB64-SA1,18,24 115.28 (44) Center for Suicide Awareness. Distribute the amounts appropriated under s. 20.255 (3) (ct) to the Center for Suicide Awareness.” .

AB64-SA1,19,1 53. Page 744, line 10: after that line insert:

AB64-SA1,19,2 “ Section 1469m. 115.353 of the statutes is created to read:

AB64-SA1,19,8 115.353 Community and school mental health collaboration grants. (1) The department shall develop, implement, and, beginning in the 2018-19 school year, administer a grant program under which the department awards grants to school districts and charter schools under s. 118.40 (2r) and (2x) for the purpose of collaborating with community mental health providers to provide mental health services to pupils.

AB64-SA1,19,10 (2) The department shall award grants under sub. (1) from the appropriation under s. 20.255 (2) (db).

AB64-SA1,19,12 (3) The department shall promulgate rules to implement and administer this section.”.

AB64-SA1,19,14 54. Page 744, line 16: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,19,16 55. Page 744, line 17: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,19,18 56. Page 744, line 20: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,19,20 57. Page 744, line 22: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,19,22 58. Page 744, line 24: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,20,2 59. Page 745, line 2: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,20,4 60. Page 745, line 8: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,20,6 61. Page 745, line 9: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,20,8 62. Page 745, line 13: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,20,10 63. Page 745, line 15: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,20,12 64. Page 745, line 19: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,20,14 65. Page 745, line 20: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,20,16 66. Page 746, line 6: delete “social workers" and substitute “pupil services personnel".

AB64-SA1,20,18 67. Page 746, line 15: delete the material beginning with that line and ending with page 747, line 22.

AB64-SA1,20,20 68. Page 749, line 3: delete the material beginning with that line and ending with page 750, line 24.

AB64-SA1,20,21 69. Page 750, line 25: delete that line.

AB64-SA1,20,22 70. Page 751, line 1: delete that line.

AB64-SA1,20,23 71. Page 754, line 16: delete lines 16 to 20 and substitute:

AB64-SA1,21,2 “ Section 1477e. 115.436 (2) (a) of the statutes is renumbered 115.436 (2) (a) (intro.) and amended to read:

AB64-SA1,21,4 115.436 (2) (a) (intro.) The school district's membership in the previous school year was no more than 745. one of the following:

AB64-SA1,1477h Section 1477h. 115.436 (2) (a) 1. of the statutes is created to read:

AB64-SA1,21,6 115.436 (2) (a) 1. No more than 1,000.

AB64-SA1,1477k Section 1477k. 115.436 (2) (a) 2. of the statutes is created to read:

AB64-SA1,21,8 115.436 (2) (a) 2. No less 1,001 and no more than 2,700.

AB64-SA1,1477o Section 1477o. 115.436 (2) (c) of the statutes is renumbered 115.436 (2) (c) 1. and amended to read:

AB64-SA1,21,13 115.436 (2) (c) 1. The For a school district with a membership under par. (a) 1., the school district's membership in the previous school year divided by the school district's area in square miles is less than 10.

AB64-SA1,1477r Section 1477r. 115.436 (2) (c) 2. of the statutes is created to read:

AB64-SA1,21,17 115.436 (2) (c) 2. For a school district with a membership under par. (a) 2., the school district's membership in the previous school year divided by the school district's area in square miles is less than 7.

AB64-SA1,1477u Section 1477u. 115.436 (3) (a) of the statutes is amended to read:

AB64-SA1,21,22 115.436 (3) (a) Beginning in the 2009-10 school year, from the appropriation under s. 20.255 (2) (ae) and subject to pars. (b) and (c), the department shall pay to each school district eligible for sparsity aid $300 and with a membership under par. (a) 1. $400 multiplied by the membership in the previous school year.

AB64-SA1,1477x Section 1477x. 115.436 (3) (ag) of the statutes is created to read:

AB64-SA1,22,2 115.436 (3) (ag) Beginning in the 2017-18 school year, from the appropriation under s. 20.255 (2) (ae), the department shall pay to each school district eligible for sparsity aid and with a membership under par. (a) 2. $100 multiplied by the membership in the previous school year.”.

AB64-SA1,22,3 72. Page 755, line 5: delete lines 5 to 19 and substitute:

AB64-SA1,22,4 “ Section 1480q. 115.436 (3) (b) of the statutes is repealed.

AB64-SA1,1480t Section 1480t. 115.436 (3) (c) 1. of the statutes is repealed.”.

AB64-SA1,22,6 73. Page 781, line 25: after that line insert:

AB64-SA1,22,7 “ Section 1505b. 118.016 (1) (bm) of the statutes is created to read:

AB64-SA1,22,16 118.016 (1) (bm) Beginning in the 2018-19 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the governing body, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade in the private school for reading readiness. The governing body shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge. The governing body may administer computer adaptive assessments. This paragraph applies only to pupils attending the school under s. 118.60 or 119.23.

AB64-SA1,1505c Section 1505c. 118.016 (1) (c) of the statutes is amended to read:

AB64-SA1,22,24 118.016 (1) (c) The department shall pay to the school board or, operator, or governing body, 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, governing bodies of private schools, and operators of charter schools entitled to the aid.

AB64-SA1,1505d Section 1505d. 118.016 (1g) of the statutes is amended to read:

AB64-SA1,23,5 118.016 (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), or governing body of the private school under s. 118.60 or 119.23 shall comply with s. 115.77 (1m) (bg).

AB64-SA1,1505e Section 1505e. 118.016 (1r) of the statutes is amended to read:

AB64-SA1,23,9 118.016 (1r) The school board or , operator of the charter school, or governing body of the private school under s. 118.60 or 119.23 shall report the results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.

AB64-SA1,1505ef Section 1505ef. 118.016 (2) of the statutes is amended to read:

AB64-SA1,23,15 118.016 (2) The school board of the school district or, operator of the charter school, or governing body of the private 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).”.

AB64-SA1,23,16 74. Page 783, line 4: delete lines 4 to 6.

AB64-SA1,23,17 75. Page 783, line 8: delete “subs. (1b) and (1c)" and substitute “sub. (1c)".

AB64-SA1,23,19 76. Page 783, line 9: after “charter school," insert “in a private school participating in a parental choice program under s. 118.60 or 119.23,".

AB64-SA1,23,20 77. Page 783, line 12: delete lines 12 to 16.

AB64-SA1,23,22 78. Page 784, line 7: delete the material beginning with that line and ending with page 790, line 8.

AB64-SA1,23,24 79. Page 791, line 15: delete the material beginning with that line and ending with page 792, line 10.

AB64-SA1,24,1 80. Page 792, line 11: delete lines 11 to 20.

AB64-SA1,24,2 81. Page 792, line 20: after that line insert:

AB64-SA1,24,3 “ Section 1526b. 118.30 (5m) of the statutes is amended to read:

AB64-SA1,24,10 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or s. 118.301 (3), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall not exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB64-SA1,1526c Section 1526c. 118.305 (1) (gm) of the statutes is created to read: