2017 - 2018 LEGISLATURE
January 5, 2018 - Introduced by Representatives Pope, Hebl, Genrich, Considine,
Bowen, Vruwink, Hesselbein, Anderson, Goyke, Ohnstad, Billings,
Zepnick, Barca, C. Taylor, Subeck, Shankland, Sargent, Kolste, Spreitzer,
Crowley, Stuck, Riemer, Zamarripa, Berceau, Wachs and Sinicki,
cosponsored by Senators Larson, Bewley, Carpenter, Vinehout, Ringhand
and Hansen. Referred to Committee on Education.
AB816,2,2
1An Act to repeal 20.255 (2) (aq) and 115.437;
to consolidate, renumber and
2amend 121.15 (1m) (a) (intro.) and 3.;
to amend 20.255 (2) (ac), 79.10 (4), 79.10
3(5m), 79.14, 79.15, 121.004 (7) (a), 121.07 (6) (d), 121.105 (2) (am) 1., 121.105
4(2) (am) 2. (intro.), 121.90 (2) (am) 1., 121.905 (1), 121.905 (3) (c) 6., 121.91 (2m)
5(i) (intro.), 121.91 (2m) (r) 1. (intro.), 121.91 (2m) (r) 1. b., 121.91 (2m) (s) 1.
6(intro.), 121.91 (2m) (s) 1. b. and 121.91 (2m) (t) 1. (intro.); and
to create 20.255
7(2) (bi), 121.004 (7) (g), 121.10, 121.105 (5), 121.136 (3), 121.15 (3m), 121.905
8(3) (c) 7., 121.905 (3) (c) 8., 121.91 (2m) (im) and 121.91 (2m) (j) of the statutes;
9relating to: counting low-income pupils for state school aid purposes;
10calculating the amount to be appropriated for state general school aid; school
11aid factors; special adjustment aids; hold harmless aid; per pupil aid; school
1district revenue limits; the first dollar and school levy property tax credits; and
2making an appropriation.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes in the laws relating to public school
financing, including the following:
1. Currently, the amount appropriated each fiscal year for general school aid
is a sum set by law. This bill directs the Department of Public Instruction, the
Department of Administration, and the Legislative Fiscal Bureau annually to jointly
certify to the Joint Committee on Finance an estimate of the amount necessary to
appropriate in the following school year to ensure that state school aids equal the
following percentage of partial school revenues (in general, the sum of state school
aids and school property taxes):
a. For the 2018-19 school year, 64.5 percent.
b. For the 2019-20 school year, 65.2 percent.
c. For the 2020-21 school year, 65.9 percent.
d. For the 2021-22 school year and each school year thereafter, two-thirds.
Under the bill, JFC determines the amount appropriated as general school aids
in each odd-numbered fiscal year (e.g., the 2018-19 fiscal year) and the amount is
set by law in each even-numbered fiscal year.
2. For purposes of determining a school district's general school aid amount,
in general this bill requires that each pupil who is eligible for a free or reduced-price
lunch under the federal school lunch program be counted as an additional 0.3 pupil.
3. Currently, if a school district would receive less in general state aid in any
school year than 85 percent of the amount it received in the previous school year, its
state aid for the current school year is increased to 85 percent of the aid received in
the previous school year. This bill increases the percentage to 90 percent.
4. This bill provides that a school district's state aid in any school year may not
be less than an amount equal to the school district's membership multiplied by
$3,000.
5. Under current law, there is no per pupil adjustment for purposes of
calculating a school district's revenue limit. This bill provides a per pupil adjustment
of $300 per pupil for the 2018-19 school year. Under the bill, in the 2019-20 school
year and thereafter, the per pupil adjustment is the per pupil adjustment for the
previous school year as adjusted for any increase in the consumer price index.
6. Current law provides a minimum per pupil revenue limit for school districts,
known as the revenue ceiling. Under current law, the revenue ceiling is $9,100. This
bill increase the revenue ceiling to $9,500 in the 2018-19 school year and $9,900 in
the 2019-20 school year. In the 2020-21 school year and each school year thereafter,
the revenue ceiling is the revenue ceiling for the previous school year as adjusted for
any increase in the consumer price index.
7. Currently, if at least 50 percent of a school district's enrollment is eligible for
a free or reduced-price lunch under the federal school lunch program, the school
district is eligible for a prorated share of the amount appropriated as high-poverty
aid. This bill eliminates this aid beginning in the 2018-19 school year. The bill
provides additional state aid for the 2018-19 school year to hold school districts
harmless from the loss of high-poverty aid.
8. Under current law, the state annually pays each school district an amount
equal to its average enrollment in the current and two preceding school years
multiplied by $450 in the 2017-18 school year, $654 in the 2018-19 school year, and
$630 in each school year thereafter. This bill eliminates this per pupil aid after the
2017-18 school year.
9. Currently, $75,000,000 in school aid payments is delayed until the following
school year. Beginning in the 2018-19 school year, this bill delays $972,400,000 in
school aid payments until the following school year.
10. In the school district equalization aid formula, the guaranteed evaluations
represent the amount of property tax base support that the state guarantees behind
each pupil. There are three guaranteed valuations used; each applies to a different
level of expenditures. The first level is for expenditures up to the primary cost ceiling
of $1,000 per pupil. The second level is for costs per pupil that exceed $1,000 but are
less than the secondary cost ceiling, which is set at 90 percent of the prior school year
statewide shared cost per pupil. This bill changes the secondary cost ceiling to 100
percent of the prior school year statewide shared cost per pupil.
11. The bill eliminates the school levy property tax credit and the first dollar
property tax credit.
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:
AB816,1
1Section 1
. 20.255 (2) (ac) of the statutes is amended to read:
AB816,3,72
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 the amount determined by the joint
5committee on finance under s. 121.15 (3m) (c) in the 2018-19 fiscal year and
6biennially thereafter, and equal to the amount determined by law in the 2019-20
7fiscal year and biennially thereafter.
AB816,2
8Section 2
. 20.255 (2) (aq) of the statutes is repealed.
AB816,3
9Section 3
. 20.255 (2) (bi) of the statutes is created to read:
AB816,4,2
120.255
(2) (bi)
Hold harmless aid. A sum sufficient for hold harmless aid to
2school districts under s. 121.10.
AB816,4
3Section 4
. 79.10 (4) of the statutes is amended to read:
AB816,4,74
79.10
(4) School levy tax credit. Except as provided in sub. (5m), the amount
5appropriated under s. 20.835 (3) (b) shall be distributed to municipalities in
6proportion to their share of the sum of average school tax levies for all municipalities.
7No municipality shall receive a payment under this subsection after 2018.
AB816,5
8Section 5
. 79.10 (5m) of the statutes is amended to read:
AB816,4,149
79.10
(5m) First dollar credit. Each municipality shall receive, from the
10appropriation under s. 20.835 (3) (b), an amount determined by multiplying the
11school tax rate by the estimated fair market value, not exceeding the value
12determined under sub. (11) (d), of every parcel of real property with improvements
13that is located in the municipality.
No municipality shall receive a payment under
14this subsection after 2018.
AB816,4,22
1779.14 School levy tax credit. The appropriation under s. 20.835 (3) (b), for
18the payments under s. 79.10 (4), is $319,305,000 in 1994, 1995, and 1996;
19$469,305,000 beginning in 1997 and ending in 2006; $593,050,000 in 2007;
20$672,400,000 in 2008; $747,400,000 in 2009; $732,550,000 in 2010, 2011, and 2012;
21$747,400,000 in 2013, 2014, and 2015; $853,000,000 in 2016 and 2017; and
22$940,000,000 in 2018
and in each year thereafter.
AB816,7
23Section 7
. 79.15 of the statutes is amended to read:
AB816,5,3
2479.15 Improvements credit. The total amount paid each year to
25municipalities from the appropriation account under s. 20.835 (3) (b) for the
1payments under s. 79.10 (5m) is $75,000,000 in 2009, $145,000,000 in 2010, and
2$150,000,000 in 2011
, 2012, 2013, 2014, 2015, 2016, 2017, and
in each year
3thereafter 2018.
AB816,9
6Section 9
. 121.004 (7) (a) of the statutes is amended to read:
AB816,5,117
121.004
(7) (a) “Pupils enrolled" is the total number of pupils, as expressed by
8official enrollments, in all schools of the school district, except as provided in pars.
9(b) to
(f) (g). If such total contains a fraction, it shall be expressed as the nearest whole
10number. The same method shall be used in computing the number of pupils enrolled
11for resident pupils, nonresident pupils or both.
AB816,10
12Section 10
. 121.004 (7) (g) of the statutes is created to read:
AB816,5,1513
121.004
(7) (g) A pupil who satisfies the income eligibility criteria for a free or
14reduced-price lunch under
42 USC 1758 (b) (1) shall be counted as the number
15specified in this subsection for the pupil plus an additional 30 percent of that number.
AB816,11
16Section 11
. 121.07 (6) (d) of the statutes is amended to read:
AB816,5,2017
121.07
(6) (d) The “secondary ceiling cost per member" in the
2001-02 2018-19 18school year and in each school year thereafter is an amount determined by dividing
19the state total shared cost in the previous school year by the state total membership
20in the previous school year
and multiplying the result by 0.90.
AB816,12
21Section 12
. 121.10 of the statutes is created to read:
AB816,5,23
22121.10 Hold harmless aid. (1) In this section, “state aid" means the sum of
23the following:
AB816,5,2524
(a) The payments made to a school district under ss. 121.08 and 121.105 and
25subch. VI.
AB816,6,2
1(b) The payments that would be made to a school district under s. 121.136 if s.
2121.136 were still applicable.
AB816,6,43
(c) The amount that would be received by a school district under s. 79.10 (4) and
4(5m) if s. 79.10 (4) and (5m) were still applicable.
AB816,6,9
5(2) (a) Except as provided in par. (b), in the 2018-19 school year, if a school
6district would receive less in equalization aid under s. 121.08 in the current school
7year before any adjustment is made under s. 121.15 (4) (b) than it would have
8received in state aid in the current school year, the department shall pay to the school
9district the amount equal to the difference.
AB816,6,1510
(b) If a school district from which territory was detached to create a new school
11district under s. 117.105 would receive in equalization aid under s. 121.08 in the
12school year beginning on the first July 1 following the effective date of the
13reorganization less than the amount determined as follows, the department shall
14pay to the school district the difference between the former amount and the amount
15determined as follows:
AB816,6,1716
1. Divide the school district's membership in the preceding school year by the
17school district's membership in the 2nd preceding school year.
AB816,6,2018
2. Multiply the amount of state aid that would have been received by the school
19district in the preceding school year, as adjusted under s. 121.15 (4) (b) in the current
20school year, by the quotient under subd. 1.
AB816,7,2
21(3) In the school year in which a school district consolidation takes effect under
22s. 117.08 or 117.09 and in each of the subsequent 4 school years, if the consolidated
23school district's equalization aid is less than the aggregate state aid to which the
24consolidating school districts would have been eligible in the school year prior to the
1school year in which the consolidation takes effect, the department shall pay the
2difference to the consolidated school district.
AB816,7,4
3(4) Additional aid under this section shall be paid from the appropriation under
4s. 20.255 (2) (bi). No aid may be paid under this section after the 2018-19 school year.
AB816,13
5Section 13
. 121.105 (2) (am) 1. of the statutes is amended to read:
AB816,7,116
121.105
(2) (am) 1. Except as provided in subd. 2., if a school district would
7receive less in state aid in the current school year before any adjustment is made
8under s. 121.15 (4) (b) than an amount equal to
85
90 percent of the amount of state
9aid that it received in the previous school year, as adjusted under s. 121.15 (4) (b) in
10the current school year, its state aid for the current school year shall be increased to
11an amount equal to
85 90 percent of the state aid received in the previous school year.
AB816,14
12Section 14
. 121.105 (2) (am) 2. (intro.) of the statutes is amended to read:
AB816,7,1913
121.105
(2) (am) 2. (intro.) If a school district from which territory was detached
14to create a new school district under s. 117.105 would receive in state aid in the school
15year beginning on the first July 1 following the effective date of the reorganization
16less than
85 90 percent of the amount determined as follows, its state aid in the school
17year beginning on the first July 1 following the effective date of the reorganization
18shall be increased to an amount equal to
85 90 percent of the amount determined as
19follows:
AB816,15
20Section
15. 121.105 (5) of the statutes is created to read:
AB816,7,2221
121.105
(5) A school district's state aid in any school year may not be less than
22an amount equal to $3,000 multiplied by the school district's membership.
AB816,16
23Section 16
. 121.136 (3) of the statutes is created to read:
AB816,7,2424
121.136
(3) No aid may be paid under this section after June 30, 2018.
AB816,17
1Section
17. 121.15 (1m) (a) (intro.) and 3. of the statutes are consolidated,
2renumbered 121.15 (1m) (a) and amended to read:
AB816,8,73
121.15
(1m) (a) Notwithstanding subs. (1) and (1g),
a portion of state aid to
4school districts shall be distributed as follows: 3. Beginning
beginning in the
51999-2000 2018-19 school year,
annually the state shall pay to school districts, from
6the appropriation under s. 20.255 (2) (ac),
$75,000,000 $972,400,000 on the 4th
7Monday in July of the following school year.
AB816,18
8Section 18
. 121.15 (3m) of the statutes is created to read:
AB816,8,99
121.15
(3m) (a) In this subsection:
AB816,8,1210
1. “Partial school revenues" means the sum of state school aids, property taxes
11levied for school districts, and aid paid to school districts under s. 79.095 (4), less all
12of the following:
AB816,8,1513
a. The amount of any revenue limit increase under s. 121.91 (4) (a) 2. due to a
14school board's increasing the services that it provides by adding responsibility for
15providing a service transferred to it from another school board.
AB816,8,1616
b. The amount of any revenue limit increase under s. 121.91 (4) (a) 3.
AB816,8,1717
c. The amount of any revenue limit increase under s. 121.91 (4) (h).
AB816,8,1818
d. The amount of any property taxes levied for the purpose of s. 120.13 (19).
AB816,8,2119
e. An amount equal to the amount estimated to be paid under s. 119.23 (4) and
20(4m) multiplied by the sum of the applicable percentages specified in s. 121.08 (4) (b)
211. and 2.
AB816,8,2322
f. The amount by which the property tax levy for debt service on debt that has
23been approved by a referendum exceeds $490,000,000.
AB816,9,624
2. “State school aids" means the amounts appropriated under s. 20.255 (1) (b)
25and (2), other than s. 20.255 (2) (aw), (az), (bb), (dg), (dj), (fm), (fp), (fq), (fr), (fs), (fu),
1(fv), (k), and (m), the amount appropriated under s. 20.505 (4) (es), and the amount,
2as determined by the secretary of administration, of the appropriation under s.
320.505 (4) (s) allocated for payments to telecommunications providers under
4contracts with school districts and cooperative educational service agencies under s.
516.971 (13), for grants to school district consortia under s. 16.997 (7), and to make
6educational technology teacher training grants under s. 16.996.
AB816,9,117
(b) By May 15, 2018, and annually by May 15 thereafter, the department, the
8department of administration, and the legislative fiscal bureau shall jointly certify
9to the joint committee on finance an estimate of the amount necessary to appropriate
10under s. 20.255 (2) (ac) in the following school year to ensure that state school aids
11equal the following portion of partial school revenues:
AB816,9,1212
1. For the 2018-19 school year, 64.5 percent.
AB816,9,1313
2. For the 2019-20 school year, 65.2 percent.
AB816,9,1414
3. For the 2020-21 school year, 65.9 percent.
AB816,9,1515
4. For the 2021-22 school year and each school year thereafter, two-thirds.
AB816,9,1816
(c) By June 30, 2018, and biennially by June 30 thereafter, the joint committee
17on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the
18following school year.