AB1038,36,1212 f. Subdivision 1. does not apply to benefits chargeable as provided in sub. (7).
AB1038,36,1413 3. Charges for benefits to which subd. 1. applies shall, notwithstanding any
14other provision of this chapter, be paid or reimbursed as follows:
AB1038,36,1615 a. For employers subject to the contribution requirements of ss. 108.17 and
16108.18, the benefits shall be charged to the fund's balancing account.
AB1038,36,1817 b. For reimbursable employers, as defined in s. 108.155 (1) (b), the benefits
18shall be paid in the manner provided under par. (am) 1.
AB1038,51 19Section 51 . 108.14 (8n) (e) of the statutes is amended to read:
AB1038,37,820 108.14 (8n) (e) The department shall charge this state's share of any benefits
21paid under this subsection to the account of each employer by which the employee
22claiming benefits was employed in the applicable base period, in proportion to the
23total amount of wages he or she earned from each employer in the base period, except
24that if s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b),
25108.07 (3), (3r), or (5) (b) (am) 2., or 108.133 (3) (f) would have applied to employment

1by such an employer who is subject to the contribution requirements of ss. 108.17 and
2108.18, the department shall charge the share of benefits based on employment with
3that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07
4(3) would have applied to an employer that is not subject to the contribution
5requirements of ss. 108.17 and 108.18, the department shall charge the share of
6benefits based on that employment in accordance with s. 108.07 (5) (a) and (b) (am)
71. and 2
. The department shall also charge the fund's balancing account with any
8other state's share of such benefits pending reimbursement by that state.
AB1038,52 9Section 52 . 108.141 (7) (a) of the statutes is amended to read:
AB1038,37,1710 108.141 (7) (a) The department shall charge the state's share of each week of
11extended benefits to each employer's account in proportion to the employer's share
12of the total wages of the employee receiving the benefits in the employee's base
13period, except that if the employer is subject to the contribution requirements of ss.
14108.17 and 108.18 the department shall charge the share of extended benefits to
15which s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b),
16108.07 (3), (3r), or (5) (b) (am) 2., or 108.133 (3) (f) applies to the fund's balancing
17account.
AB1038,53 18Section 53 . 108.16 (6m) (a) of the statutes is amended to read:
AB1038,37,2219 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g),
20(7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b) (am) 2. and (bm)
213. a.
, (5m), or and (6), 108.133 (3) (f), 108.14 (8n) (e), 108.141, 108.151, or 108.152 or
22sub. (6) (e) or (7) (a) and (b).
AB1038,54 23Section 54 . 115.385 (1) (intro.) of the statutes is amended to read:
AB1038,38,3
1115.385 (1) (intro.) Annually Except as provided in sub. (6), annually by
2November 30, the department shall publish a school and school district
3accountability report that includes all of the following components:
AB1038,55 4Section 55 . 115.385 (6) of the statutes is created to read:
AB1038,38,65 115.385 (6) The department shall not publish a school and school district
6accountability report under this section in the 2020-21 school year.
AB1038,56 7Section 56 . 115.415 (1) (b) of the statutes is amended to read:
AB1038,38,148 115.415 (1) (b) For the evaluation of teachers and principals in the 2014-15
92019-20
school year, the school board and the operator of a charter school established
10under s. 118.40 (2r) may not consider pupil performance on statewide assessments
11administered under s. 118.30 in the 2014-15 2019-20 school year and may not
12include pupil performance on those assessments in the evaluation score assigned to
13a teacher or principal under the educator effectiveness evaluation system developed
14under this section.
AB1038,57 15Section 57 . 115.7915 (8m) of the statutes is created to read:
AB1038,38,2416 115.7915 (8m) Public health exception. During the public health emergency
17declared on March 12, 2020, by executive order 72, if a private school participating
18in the program under this section is closed for at least 10 school days in a school year
19by a local health officer, as defined in s. 250.01 (5), or the department of health
20services, in the school year during which the school is closed and the following school
21year, the department may not withhold payment from the private school under sub.
22(8) (c) or bar the private school from participating in the program under sub. (8) (a)
23for failing to comply with a requirement under this section or a rule promulgated
24under this section if all of the following occur:
AB1038,39,4
1(a) The private school submits information to the department that explains
2how the school closure impacted the private school's ability to comply with the
3requirement and any action the private school took to mitigate the consequences of
4not complying with the requirement.
AB1038,39,65 (b) The department determines that the private school's failure to comply with
6the requirement was caused by the closure.
AB1038,58 7Section 58 . 115.999 (1) (d) 1. of the statutes is amended to read:
AB1038,39,108 115.999 (1) (d) 1. The school district was assigned to the lowest performance
9category on the 2 most recent accountability reports published for the district under
10s. 115.385 (1) in the 2 most recent school years.
AB1038,59 11Section 59 . 115.999 (2m) (b) 1. a. of the statutes is amended to read:
AB1038,39,1412 115.999 (2m) (b) 1. a. The unified school district was assigned to the lowest
13performance category on the 3 most recent accountability reports published for the
14district
under s. 115.385 (1) in the 3 most recent school years.
AB1038,60 15Section 60 . 118.38 (2) (am) (intro.) of the statutes is amended to read:
AB1038,39,1816 118.38 (2) (am) (intro.) In determining whether to grant the a waiver under
17sub. (1)
, the department shall consider all of the following factors and may consider
18additional factors:
AB1038,61 19Section 61 . 118.38 (3) of the statutes is amended to read:
AB1038,39,2520 118.38 (3) A waiver granted under sub. (2) is effective for 4 years. The
21department shall renew the waiver for additional 4-year periods if the school board
22has evaluated the educational and financial effects of the waiver over the previous
234-year period, except that the department is not required to renew a waiver if the
24department determines that the school district is not making adequate progress
25toward improving pupil academic performance.
AB1038,62
1Section 62. 118.38 (4) of the statutes is created to read:
AB1038,40,52 118.38 (4) (a) During the public health emergency declared on March 12, 2020,
3by executive order 72, if schools are closed for at least 10 school days in a school year
4by a local health officer, as defined in s. 250.01 (5), or the department of health
5services, the department may do all of the following:
AB1038,40,86 1. Waive any requirement in chs. 115 to 121 or the administrative rules
7promulgated by the department under the authority of those chapters related to any
8of the following:
AB1038,40,99 a. A program under s. 115.7915, 118.60, or 119.23.
AB1038,40,1110 b. A private school participating in a program under s. 115.7915, 118.60, or
11119.23.
AB1038,40,1412 c. A charter school under s. 118.40 (2r) or (2x), including any requirement
13related to an authorizer, governing board, or operator of a charter school under s.
14118.40 (2r) or (2x).
AB1038,40,1915 2. Establish an alternate deadline for any requirement related to a program
16under s. 115.7915, 118.60, or 119.23 in chs. 115 to 121 and any requirement related
17to a program under s. 115.7915, 118.60, or 119.23 in the administrative rules
18promulgated by the department under the authority of chs. 115 to 121 if the original
19deadline is any of the following:
AB1038,40,2320 a. A deadline that occurs during the period beginning on the first day schools
21are closed by the local health officer or department of health services and ending 120
22days after the last day schools are closed by the local health officer or department of
23health services.
AB1038,41,224 b. A deadline for a requirement that impacts a date during the period beginning
25on the first day schools are closed by the local health officer or department of health

1services and ending 120 days after the last day schools are closed by the local health
2officer or department of health services.
AB1038,41,63 (b) 1. The department shall notify the legislative reference bureau of each
4waiver under par. (a) 1. and alternate deadline established under par. (a) 2. The
5legislative reference bureau shall publish a notice in the Wisconsin Administrative
6Register of the waiver or alternate deadline.
AB1038,41,87 2. The department shall post each waiver under par. (a) 1. and alternate
8deadline established under par. (a) 2. on the department's Internet site.
AB1038,41,109 (c) A waiver under par. (a) 1. applies only to the school year in which schools
10are closed by the local health officer or the department of health services.
AB1038,63 11Section 63 . 118.60 (7) (an) 1. of the statutes is amended to read:
AB1038,41,1812 118.60 (7) (an) 1. A private school participating in the program under this
13section shall maintain a cash and investment balance that is at least equal to its
14reserve balance. If a private school does not maintain a cash and investment balance
15that is at least equal to its reserve balance, the private school shall refund the reserve
16balance to the department. This subdivision does not apply to a school year that
17occurs during the public health emergency declared on March 12, 2020, by executive
18order 72.
AB1038,41,21 193. If a private school ceases to participate in or is barred from the program
20under this section and s. 119.23 and the private school's reserve balance is positive,
21the private school shall refund the reserve balance to the department.
AB1038,64 22Section 64 . 118.60 (12) of the statutes is created to read:
AB1038,42,623 118.60 (12) During the public health emergency declared on March 12, 2020,
24by executive order 72, if a private school participating in the program under this
25section is closed for at least 10 school days in a school year by a local health officer,

1as defined in s. 250.01 (5), or the department of health services, in the school year
2during which the school is closed and the following school year, the department may
3not withhold payment from the private school under sub. (10) (d) or bar the private
4school from participating in the program under sub. (10) (a), (am), or (ar) for failing
5to comply with a requirement under this section or a rule promulgated under this
6section if all of the following occur:
AB1038,42,107 (a) The private school submits information to the department that explains
8how the school closure impacted the private school's ability to comply with the
9requirement and any action the private school took to mitigate the consequences of
10not complying with the requirement.
AB1038,42,1211 (b) The department determines that the private school's failure to comply with
12the requirement was caused by the closure.
AB1038,65 13Section 65 . 119.23 (7) (an) 1. of the statutes is amended to read:
AB1038,42,2014 119.23 (7) (an) 1. A private school participating in the program under this
15section shall maintain a cash and investment balance that is at least equal to its
16reserve balance. If a private school does not maintain a cash and investment balance
17that is at least equal to its reserve balance, the private school shall refund the reserve
18balance to the department. This subdivision does not apply to a school year that
19occurs during the public health emergency declared on March 12, 2020, by executive
20order 72.
AB1038,42,23 213. If a private school ceases to participate in or is barred from the program
22under this section and s. 118.60 and the private school's reserve balance is positive,
23the private school shall refund the reserve balance to the department.
AB1038,66 24Section 66 . 119.23 (12) of the statutes is created to read:
AB1038,43,9
1119.23 (12) During the public health emergency declared on March 12, 2020,
2by executive order 72, if a private school participating in the program under this
3section is closed for at least 10 school days in a school year by a local health officer,
4as defined in s. 250.01 (5), or the department of health services, in the school year
5during which the school is closed and the following school year, the department may
6not withhold payment from the private school under sub. (10) (d) or bar the private
7school from participating in the program under sub. (10) (a), (am), or (ar) for failing
8to comply with a requirement under this section or a rule promulgated under this
9section if all of the following occur:
AB1038,43,1310 (a) The private school submits information to the department that explains
11how the school closure impacted the private school's ability to comply with the
12requirement and any action the private school took to mitigate the consequences of
13not complying with the requirement.
AB1038,43,1514 (b) The department determines that the private school's failure to comply with
15the requirement was caused by the closure.
AB1038,67 16Section 67 . 119.33 (2) (b) 3. b. of the statutes is amended to read:
AB1038,44,617 119.33 (2) (b) 3. b. A person who is operating a charter school. The
18superintendent of schools may proceed under this subd. 3. b. only if one of the
19following applies: the performance on the most recent examinations administered
20under s. 118.30 (1r) of pupils attending a school operated by the person exceeds the
21performance on the most recent examinations administered under s. 118.30 (1) of
22pupils attending the school being transferred to the person under this subdivision;
23or, in each of the 3 preceding consecutive accountability reports published under s.
24115.385 (1),
the performance category assigned to a school operated by the person on
25accountability reports
published under s. 115.385 (1) for the school in each of the 3

1preceding consecutive school years
exceeds the performance category assigned to the
2school being transferred to the person under this subdivision in each of the 3
3preceding consecutive school years
. If fewer than 3 accountability reports have been
4published for a charter school described in this subd. 3. b., the superintendent of
5schools shall determine an alternative method for comparing the school's
6performance.
AB1038,68 7Section 68 . 119.33 (2) (b) 3. c. of the statutes is amended to read:
AB1038,44,238 119.33 (2) (b) 3. c. The governing body of a nonsectarian private school
9participating in a program under s. 118.60 or 119.23. The superintendent of schools
10may proceed under this subd. 3. c. only if one of the following applies: the
11performance on the most recent examinations administered under s. 118.30 (1s) or
12(1t) of pupils attending a school operated by the governing body exceeds the
13performance on the most recent examinations administered under s. 118.30 (1) of
14pupils attending the school being transferred to the governing body under this
15subdivision; or, in each of the 3 preceding consecutive accountability reports
16published under s. 115.385 (1),
the performance category assigned to a school
17operated by the governing body on accountability reports published under s. 115.385
18(1) for the school in each of the 3 preceding consecutive school years
exceeds the
19performance category assigned to the school being transferred to the governing body
20under this subdivision in each of the 3 preceding consecutive school years. If fewer
21than 3 accountability reports have been published for a private school described in
22this subd. 3. c., the superintendent of schools shall determine an alternative method
23for comparing the school's performance.
AB1038,69 24Section 69 . 119.33 (5) (b) 2. of the statutes is amended to read:
AB1038,45,4
1119.33 (5) (b) 2. The school district operating under this chapter has been
2assigned in the 3 most recent school years a performance category of “fails to meet
3expectations" on the 3 most recent accountability report reports published under s.
4115.385 (1).
AB1038,70 5Section 70 . 119.9002 (2) (d) 2. a. of the statutes is amended to read:
AB1038,45,106 119.9002 (2) (d) 2. a. The performance, on the most recent examinations
7administered under s. 118.30 (1r), of pupils attending a school operated by the person
8exceeds the performance, on the most recent examinations administered under s.
9118.30 (1), of pupils attending the school being transferred to the person under this
10subdivision.
AB1038,71 11Section 71 . 119.9002 (2) (d) 2. b. of the statutes is amended to read:
AB1038,45,2012 119.9002 (2) (d) 2. b. The In each of the 3 preceding consecutive accountability
13reports published under s. 115.385 (1), the
performance category assigned to a school
14operated by the person on accountability reports published under s. 115.385 (1) for
15the school in each of the 3 preceding consecutive school years
exceeds the
16performance category assigned to the school being transferred to the person under
17this subdivision in each of the 3 preceding consecutive school years. If fewer than
183 accountability reports have been published for a school described in this subd. 2.
19b., the commissioner shall determine an alternative method for comparing the
20school's performance.
AB1038,72 21Section 72 . 119.9002 (2) (d) 3. a. of the statutes is amended to read:
AB1038,46,222 119.9002 (2) (d) 3. a. The performance, on the most recent examinations
23administered under s. 118.30 (1s) or (1t), of pupils attending a school operated by the
24governing body exceeds the performance, on the most recent examinations

1administered under s. 118.30 (1), of pupils attending the school being transferred to
2the governing body under this subdivision.
AB1038,73 3Section 73 . 119.9002 (2) (d) 3. b. of the statutes is amended to read:
AB1038,46,124 119.9002 (2) (d) 3. b. The In each of the 3 preceding consecutive accountability
5reports published under s. 115.385 (1), the
performance category assigned to a school
6operated by the governing body on accountability reports published under s. 115.385
7(1) for the school in each of the 3 preceding consecutive school years
exceeds the
8performance category assigned to the school being transferred to the governing body
9under this subdivision in each of the 3 preceding consecutive school years. If fewer
10than 3 accountability reports have been published for a private school described in
11this subd. 3. b., the commissioner shall determine an alternative method for
12comparing the school's performance.
AB1038,74 13Section 74 . 119.9004 (3) (b) 2. of the statutes is amended to read:
AB1038,46,1714 119.9004 (3) (b) 2. The school district operating under this chapter has been
15assigned in the 3 most recent school years a performance category of “fails to meet
16expectations" on the 3 most recent accountability report reports published under s.
17115.385 (1).
AB1038,75 18Section 75 . 120.13 (2) (g) of the statutes is amended to read:
AB1038,46,2219 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss.
2049.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2.,
21632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (4) to (6), 632.885,
22632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).
AB1038,76 23Section 76 . 146.40 (3) of the statutes is amended to read:
AB1038,47,1124 146.40 (3) Except as provided in sub. (4d), the department shall approve
25instructional programs for nurse aides that apply for, and satisfy standards for,

1approval that are promulgated by rule by the department. The department may not
2require an instructional program to exceed the federally required minimum total
3training hours or minimum hours of supervised practical training under 42 CFR
4483.152
(a).
The department shall review the curriculum of each approved
5instructional program at least once every 24 months following the date of approval
6to determine whether the program continues to satisfy the standards for approval.
7Under this subsection, the department may, after providing notice, suspend or
8revoke the approval of an instructional program or impose a plan of correction on the
9program if the program fails to satisfy the standards for approval or operates under
10conditions that are other than those contained in the application approved by the
11department.
AB1038,77 12Section 77 . 153.23 of the statutes is created to read:
AB1038,47,15 13153.23 Public health emergency dashboard. (1) “Public health
14emergency related to the 2019 novel coronavirus” means the period covered by any
15of the following:
AB1038,47,1716(a) The national emergency declared by the U.S. president under 50 USC 1621
17on March 13, 2020, in response to the 2019 novel coronavirus.
AB1038,47,2018(b) The public health emergency declared under 42 USC 247d by the secretary
19of the federal department of health and human services on January 31, 2020, in
20response to the 2019 novel coronavirus.
AB1038,47,2221 (c) The state of emergency related to public health declared under s. 323.10 on
22March 12, 2020, by executive order 72.
AB1038,48,7 23(2) During the public health emergency related to the 2019 novel coronavirus,
24the entity under contract under s. 153.05 (2m) (a) shall prepare and publish a public
25health emergency dashboard using health care emergency preparedness program

1information collected by the state from acute care hospitals. A dashboard published
2under this section shall include information to assist emergency response planning
3activities. For purposes of this section, the entity and the department shall enter into
4a data use agreement and mutually agree to the health care emergency preparedness
5program information the department will provide to the entity, the information the
6entity will include in the dashboard, any publication schedule, and any other terms
7considered necessary by the entity or the department.
AB1038,78 8Section 78 . 185.983 (1) (intro.) of the statutes is amended to read:
AB1038,48,169 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a
10cooperative association organized under s. 185.981 shall be exempt from chs. 600 to
11646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44,
12601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93,
13631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798,
14632.85, 632.853, 632.855, 632.867, 632.87 (2) to (6), 632.885, 632.89, 632.895 (5) and
15(8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but
16the sponsoring association shall:
AB1038,79 17Section 79 . 323.19 (3) of the statutes is created to read:
AB1038,48,2218 323.19 (3) Based on guidance provided by the secretary of health services, the
19head of each state agency and each local health department shall determine which
20public employee positions within the respective state agency or local government are
21critical during the public health emergency declared on March 12, 2020, by executive
22order 72, for the purposes of s. 40.26 (5m) and (6) (b).
AB1038,80 23Section 80 . 323.19 (4) of the statutes is created to read:
AB1038,49,324 323.19 (4) (a ) In this subsection, “state entity” means any state agency,
25institution of higher education, association, society, or other body in state

1government created or authorized to be created by the constitution or any law that
2is entitled to expend moneys appropriated by law, including the legislature, the
3courts, and any authority.
AB1038,49,94 (b) During the public health emergency declared on March 12, 2020, by
5executive order 72, the head or governing body of a state entity may waive a
6requirement imposed, administered, or enforced by the state entity that an
7individual appear in person if the head or governing body finds that the waiver
8assists in the state's response to the public health emergency or that enforcing the
9requirement may increase the public health risk.
AB1038,81 10Section 81 . 323.265 of the statutes is created to read:
AB1038,49,12 11323.265 Suspension of certain deadlines and training requirements
12during a public health emergency.
(1) Definitions. In this section:
Loading...
Loading...