AB64: Bill Text

AB64,1477 Section 1477. 115.436 (2) (b) of the statutes is created to read:

AB64,693,5 115.436 (2) (b) The school district's membership in the previous school year was greater than 745 but no more than 1,000.

AB64,1478 Section 1478. 115.436 (2) (c) of the statutes is repealed.

AB64,1479 Section 1479. 115.436 (3) (a) of the statutes is renumbered 115.436 (3) (a) (intro.) and amended to read:

AB64,693,11 115.436 (3) (a) (intro.) Beginning in the 2009-10 school year, from the appropriation under s. 20.255 (2) (ae) and subject to pars. par. (b) and (c), the department shall pay do the following:

AB64,693,13 1. Pay to each school district eligible for sparsity aid $300 under sub. (2) (a) $400 multiplied by the school district's membership in the previous school year.

AB64,1480 Section 1480. 115.436 (3) (a) 2. of the statutes is created to read:

AB64,693,17 115.436 (3) (a) 2. Pay to each school district eligible for sparsity aid under sub. (2) (b) $100 multiplied by the school district's membership in the previous school year.

AB64,1481 Section 1481. 115.436 (3) (c) of the statutes is repealed.

AB64,1482 Section 1482. 115.437 (3) of the statutes is created to read:

AB64,694,4 115.437 (3) From the appropriation under s. 20.255 (2) (aq), the department shall pay to a school district that satisfies the conditions under this subsection an amount equal to the average of the number of pupils enrolled in the school district in the current and 2 preceding school years multiplied by $188 in the 2017-18 school year and by $380 in the 2018-19 school year and in each school year thereafter. The department shall annually require a school board to submit as a condition for receiving aid under this subsection a statement certifying that, in each school year in which the school district receives aid under this subsection, the school board will distribute the aid to the school administrator of a school in the school district in an amount equal to the amount determined as follows:

AB64,694,6 (a) Determine the average of the number of pupils enrolled in the school in the current and 2 preceding school years.

AB64,694,8 (b) Multiply the product under par. (a) by $188 in the 2017-18 school year and by $380 in the 2018-19 school year and in each school year thereafter.

AB64,1483 Section 1483. 115.745 (1) of the statutes is amended to read:

AB64,694,14 115.745 (1) A school board or, a cooperative educational service agency, or an agency determined by the state superintendent to be eligible for designation under 42 USC 9836 as a head start agency, in conjunction with a tribal education authority, may apply to the department for a grant for the purpose of supporting innovative, effective instruction in one or more American Indian languages.

AB64,1484 Section 1484. 115.77 (1m) (e) of the statutes is amended to read:

AB64,694,22 115.77 (1m) (e) To Subject to s. 115.7913, to the extent consistent with the number and location of children with disabilities who are enrolled by their parents in private elementary and secondary schools located within the local educational agency, ensures that those children have an opportunity to participate in special education and related services and that the amount spent to provide those services by the local educational agency is equal to a proportionate amount of federal funds made available under this subchapter.

AB64,1485 Section 1485. 115.78 (1m) (h) of the statutes is amended to read:

AB64,695,2 115.78 (1m) (h) If the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), at least one person designated by the school board of the child's school district of residence who has knowledge or special expertise about the child.

AB64,1486 Section 1486. 115.7913 of the statutes is created to read:

AB64,695,13 115.7913 Equitable services at parentally placed private school children. (1) (a) The ombudsman designated under 20 USC 6320 (a) (3) shall identify a fiscal agent to receive federal funding for providing special education services and other benefits to private school children, teachers, and other educational personnel under 20 USC 7881. The fiscal agent identified under this section shall distribute the federal funding it receives under this section to private schools in accordance with 20 USC 7881. A private school may direct the fiscal agent to distribute any federal funding the private school is eligible to receive under 20 USC 7881 to the school board of the school district in which the private school is geographically located.

AB64,695,14 (2) Subsection (1) applies only if any of the following occurs:

AB64,695,16 (a) Federal law does not require federal funding under 20 USC 7881 to be received and administered by a public entity.

AB64,695,19 (b) A waiver of the requirements under 20 USC 7881 (d) is granted by the federal department of education that allows funds provided under 20 USC 7881 to be received by a private entity.

AB64,695,23 (c) The federal department of education creates a nationwide bypass under which the federal department of education directly provides equitable services to children, teachers, and other educational personnel under 20 USC 7881 through a private entity.

AB64,1487 Section 1487 . 115.7915 (2) (f) of the statutes is amended to read:

AB64,696,9 115.7915 (2) (f) The child's parent or guardian on behalf of the child, or, for a child with a disability who has reached the age of 18 and has not been adjudicated incompetent, the child, submitted an application for a scholarship under this section on a form prepared by the department that includes the document developed by the department under sub. (4) (a) to the eligible school that the child will attend. A child's parent or guardian or a child with a disability who has reached the age of 18 may apply for a scholarship at any time during a school year and, subject to sub. (3) (b), a child may begin attending a private school under this section at any time during the school year.

AB64,1488 Section 1488. 115.7915 (2) (h) of the statutes is amended to read:

AB64,697,2 115.7915 (2) (h) The child's parent or guardian consents to make the child available for a reevaluation, by the within 60 days following a request for a reevaluation under this paragraph. The individualized education program team appointed for the child by the resident school district, within 60 days following a request for a reevaluation under this paragraph shall conduct the reevaluation, except that, if the child is attending a private school under this section in a nonresident school district and the parent or guardian of the child provides written consent, an individualized education program team appointed for the child by that nonresident school district may conduct the reevaluation. Upon the request of the school board of the child's resident school district, the individualized education program team shall conduct the reevaluation required under this paragraph in the manner described under s. 115.782 (4) (a) 2. no more frequently than once every 3 years, determined from the date of the most recent evaluation or reevaluation conducted for the child under s. 115.782 or, for a child whose most recent evaluation or reevaluation was conducted more than 3 years before the child began attending a private school under this section, the date the child began attending a private school under this section.

AB64,1489 Section 1489. 115.7915 (3) (c) of the statutes is amended to read:

AB64,697,8 115.7915 (3) (c) The governing body of a private school participating in the program under this section shall notify the department when it verifies that a child has an individualized education program or services plan in effect and accepts a the child's application to attend the private school under a scholarship awarded under this section.

AB64,1490 Section 1490 . 115.7915 (4) (a) 1. of the statutes is renumbered 115.7915 (4) (am).

AB64,1491 Section 1491. 115.7915 (4) (a) 2. of the statutes is renumbered 115.7915 (4) (bm) and amended to read:

AB64,697,18 115.7915 (4) (bm) Receipt by an applicant of the document developed under subd. 1. par. (am), acknowledged in a format prescribed by the department, constitutes notice that the applicant has been informed of his or her rights under this section and 20 USC 1400 to 1482. Subsequent acceptance of a scholarship under this section constitutes the applicant's informed acknowledgment of the rights specified in the document.

AB64,1492 Section 1492. 115.7915 (4) (b) of the statutes is renumbered 115.7915 (3) (bm) and amended to read:

AB64,698,10 115.7915 (3) (bm) Upon receipt of notice an application for a scholarship under sub. (3) (c) (2) (f), the department governing body of the private school shall determine whether the application satisfies the requirements under sub. (2), other than the requirement under sub. (2) (d), and shall request verification from the local education agency that developed the child's resident school board that the child has an individualized education program or services plan that the child has an individualized education program or services plan in place for the child and that meets the requirement in sub. (2) (d). The governing body of the private school shall also notify the child's resident school board that, pending verification that the requirements of sub. (2) have been satisfied, the child will be awarded a scholarship under this section. The child's resident school board local education agency shall, within 3 5 business days of receiving a request under this paragraph, provide verification to the department and provide the governing body of the private school that accepted the child with a copy of the child's individualized education program or services plan.

AB64,1493 Section 1493. 115.7915 (8) (a) 1. of the statutes is amended to read:

AB64,698,13 115.7915 (8) (a) 1. Intentionally and substantially misrepresented information required under sub. (6) this section or by rules promulgated pursuant to sub. (10).

AB64,1494 Section 1494. 115.88 (1) of the statutes is renumbered 115.88 (1) (a) and amended to read:

AB64,699,2 115.88 (1) (a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education board may employ, for a special education program, either full-time or part-time licensed teachers, licensed coordinators of special education, school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class, and any other personnel approved by the department. The

AB64,699,16 (b) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education board may contract with private or public agencies for substitute teaching and paraprofessional staffing services, physical or occupational therapy services, orientation and mobility training services, educational interpreter services, educational audiology, speech and language therapy, pupil transition services for eligible pupils who are 18 to 21 years old, or any service approved by the state superintendent, on the basis of demonstrated need. A school board may contract with a charter school to provide special education services to pupils attending the charter school if the charter school is under contract with the school board under s. 118.40 (2m) and the charter school is not an instrumentality of the school district.

AB64,1495 Section 1495. 115.88 (1m) (a) of the statutes is amended to read:

AB64,700,5 115.88 (1m) (a) Subject to par. (b), upon receipt of the plan under s. 115.77 (4), if the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, charter school established under s. 118.40 (2r) or (2x), and school district maintaining such special education program a sum equal to the amount expended by the county, agency, charter school, and school district during the preceding year for salaries of personnel and services enumerated in sub. (1); the salary portion of any authorized contract for services under sub. (1); the salary portion of any contract to provide special education services to pupils attending a charter school, as authorized under sub. (1); (a) and (b) and other expenses approved by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB64,1496 Section 1496. 115.88 (1m) (ag) of the statutes is created to read:

AB64,700,17 115.88 (1m) (ag) Subject to par. (b), if the state superintendent is satisfied that the special education program of an operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district has been maintained during the previous school year in accordance with law, the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for salaries of personnel and services enumerated in sub. (1) (a) and (b) and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph.

AB64,1497 Section 1497. 115.88 (1m) (am) of the statutes is repealed.

AB64,1498 Section 1498. 115.88 (1m) (b) of the statutes is amended to read:

AB64,701,2 115.88 (1m) (b) The department shall promulgate rules establishing the percentage of the salaries of school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that may be certified under pars. par. (a) and (am) as costs eligible for reimbursement. For each category of personnel, the department shall base the percentage on the average percentage of work time that the category spends providing services to children with disabilities, including conducting evaluations under s. 115.782.

AB64,1499 Section 1499. 115.88 (2) of the statutes is repealed.

AB64,1500 Section 1500. 115.88 (2m) (title) of the statutes is amended to read:

AB64,701,5 115.88 (2m) (title) Other Special or additional transportation ; aid.

AB64,1501 Section 1501 . 115.88 (2m) of the statutes is renumbered 115.88 (2m) (b) and amended to read:

AB64,701,23 115.88 (2m) (b) If the state superintendent is satisfied that a school board, board of control, operator of a charter school established under s. 118.40 (2r) or (2x), or established as a noninstrumentality charter school under s. 118.40 (2m) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o county children with disabilities education board has provided special or additional transportation during the previous school year as described under par. (a), the state superintendent shall certify to the department of administration in favor of the school board, board of control, operator of the charter school, or county children with disabilities education board providing the transportation a sum equal to the amount that expended by the school board, board of control, operator of the charter school expended, or county children with disabilities education board during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.

AB64,1502 Section 1502. 115.88 (2m) (a) of the statutes is created to read:

AB64,702,10 115.88 (2m) (a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), or, upon authorization of the county board, a county children with disabilities education board shall provide special or additional transportation as required in the individualized education program developed for the child with a disability under s. 115.787 (2) or as required under s. 121.54 (3). The operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of the school district shall provide special or additional transportation under this paragraph if the contract between the operator and the school board requires the operator to provide the special or additional transportation.

AB64,1503 Section 1503. 115.88 (2m) (c) of the statutes is created to read:

AB64,702,21 115.88 (2m) (c) If the state superintendent is satisfied that the operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of the school district has provided special or additional transportation during the previous school year as described under par. (a), the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for providing the transportation as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph.

AB64,1504 Section 1504 . 115.88 (10) of the statutes is created to read:

AB64,702,25 115.88 (10) Audit of eligible costs. The state superintendent may audit costs under this section and adjust the amounts eligible for reimbursement to cover only actual, eligible costs.

AB64,1505 Section 1505. 118.015 (2) of the statutes is amended to read:

AB64,703,7 118.015 (2) Employment of reading specialists. Each school district shall employ a reading specialist certified by the department to develop and coordinate a comprehensive reading curriculum in grades kindergarten to 12. At the discretion of the state superintendent, a A school district may contract with other school districts or cooperative educational service agencies to employ a certified reading specialist on a cooperative basis.

AB64,1506 Section 1506 . 118.135 (3) of the statutes is amended to read:

AB64,703,13 118.135 (3) To the extent feasible, the medical examining board and the optometry examining board shall encourage physicians and optometrists, for the purpose of this section, to conduct free eye examinations or evaluations of pupils who are in financial need and do not have insurance coverage for eye examinations or evaluations.

AB64,1507 Section 1507. 118.19 (1) of the statutes is amended to read:

AB64,703,18 118.19 (1) Except as provided in sub. (1c) and s. 118.40 (8) (b) 2., any person seeking to teach in a public school, including a charter school, or in a school or institution operated by a county or the state shall first procure a license or permit from the department.

AB64,1508 Section 1508. 118.19 (1c) of the statutes is created to read:

AB64,703,23 118.19 (1c) (a) In this subsection, “institution of higher education” means an institution or college campus within the University of Wisconsin System, a technical college under ch. 38, or any private, nonprofit postsecondary institution that is a member of the Wisconsin Association of Independent Colleges and Universities.

AB64,704,2 (b) A faculty member of an institution of higher education may teach in a public high school, including a charter school that operates only high school grades, without a license or permit from the department if the faculty member satisfies all of the following:

AB64,704,4 1. The faculty member is in good standing with the institution of higher education at which he or she is a member of the faculty.

AB64,704,5 2. The faculty member possesses a bachelor's degree.

AB64,1509 Section 1509. 118.19 (1m) of the statutes is amended to read:

AB64,704,13 118.19 (1m) (a) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227.

AB64,704,19 (b) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date if the department of revenue certifies under s. 73.0301 that the applicant, licensee, or permit holder is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant, licensee, or permit holder is liable for delinquent unemployment insurance contributions.

AB64,1510 Section 1510. 118.19 (1r) of the statutes is amended to read:

AB64,705,2 118.19 (1r) (a) As provided in the memorandum of understanding under s. 49.857, the department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of children and families for the sole purpose of administering s. 49.22.

AB64,705,11 (b) As provided in the memorandum of understanding under s. 49.857, the department may not issue or renew a license or permit or revalidate a license that has no expiration date if the applicant, licensee or permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant, licensee or permit holder fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

AB64,1511 Section 1511. 118.19 (1s) (a) of the statutes is amended to read:

AB64,705,17 118.19 (1s) (a) Notwithstanding subs. (1m) and (1r), if an applicant does not have a social security number, the applicant, as a condition of applying for, or applying to renew or revalidate, a license under this section shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number.

AB64,1512 Section 1512. 118.19 (4m) of the statutes is amended to read:

AB64,705,24 118.19 (4m) The state superintendent may not issue or renew a license to teach the visually impaired unless the applicant demonstrates, based on criteria established by the state superintendent by rule, that he or she is proficient in reading and writing braille and in teaching braille. In promulgating rules under this subsection, the state superintendent shall take into consideration the standard used by the librarian of congress for certifying braille transcribers.

AB64,1513 Section 1513. 118.19 (10) (b) (intro.) and 1. of the statutes are consolidated, renumbered 118.19 (10) (b) and amended to read:

AB64,706,5 118.19 (10) (b) With the assistance of the department of justice, the state superintendent shall do all of the following: 1. Conduct conduct a background investigation of each applicant for issuance or renewal of a license or permit.

AB64,1514 Section 1514. 118.19 (10) (b) 2. of the statutes is repealed.

AB64,1515 Section 1515. 118.19 (10) (d) (intro.) of the statutes is amended to read:

AB64,706,11 118.19 (10) (d) (intro.) Upon request, an educational agency shall provide the state superintendent with all of the following information about each person employed by the educational agency who holds a license, issued by the state superintendent, that has no expiration date:

AB64,1516 Section 1516. 118.19 (10) (e) of the statutes is amended to read:

AB64,706,14 118.19 (10) (e) The state superintendent may issue or renew a license or permit conditioned upon the receipt of a satisfactory background investigation.

AB64,1517 Section 1517. 118.19 (12) of the statutes is amended to read:

AB64,706,23 118.19 (12) Beginning on July 1, 1998, the department may not issue or renew a license that authorizes the holder to teach reading or language arts to pupils in any prekindergarten class or in any of the grades from kindergarten to 6 unless the applicant has successfully completed instruction preparing the applicant to teach reading and language arts using appropriate instructional methods, including phonics. The phonics instruction need not be provided as a separate course. In this subsection, “phonics" means a method of teaching beginners to read and pronounce words by learning the phonetic value of letters, letter groups and syllables.