LRB-5162/2
KRP&ARG:klm
2021 - 2022 LEGISLATURE
March 7, 2022 - Introduced by Representatives Pope, Considine, Hebl, Brostoff,
S. Rodriguez, Shankland, Shelton, Hintz, Andraca, Spreitzer, L. Myers,
Conley, Hong, Snodgrass, Goyke, Vruwink, Emerson, Sinicki and Drake,
cosponsored by Senators Larson, Erpenbach, Roys, Smith, Bewley, Pfaff and
Carpenter. Referred to Committee on Education.
AB1079,2,14 1An Act to repeal 118.40 (2r) (f), 118.40 (2r) (fm) 2., 118.40 (2r) (g) 1. c. to dn.,
2121.07 (2) (e), 121.59 (2m) (b), 121.905 (1) (b) 1. to 3. and 121.905 (1) (b) 6. and
37.; to renumber and amend 20.255 (2) (eh), 115.3615, 115.437 (1), 115.437 (2)
4(a), 115.882, 115.993, 115.995 (intro.), 115.995 (1) and (2), 115.996 and 121.59
5(2m) (a) (intro.), 1. and 2.; to amend 20.255 (1) (hg), 20.255 (2) (ac), 20.255 (2)
6(b), 20.255 (2) (cc), 20.255 (2) (cy), 20.255 (2) (da), 115.28 (45), 115.341, 115.364
7(1) (a), 115.364 (1) (am), 115.364 (1) (b), 115.364 (2) (a) 1., 115.364 (2) (a) 2.,
8115.364 (2) (a) 3., 115.364 (2) (b) 2. a., 115.364 (2) (b) 2. b., 115.367 (1), 115.95
9(2), 115.95 (3), 115.96 (title), 115.96 (1), 115.97 (1), 115.977 (2), 115.993 (title),
10118.40 (2r) (e) 2p. (intro.), 118.40 (2r) (fm) 1. (intro.), 118.40 (2r) (g) 1. a., 118.40
11(2r) (g) 1. bf., 118.40 (2r) (g) 1. e., 118.55 (7g), 119.04 (1), 121.07 (2) (d), 121.07
12(2) (e), 121.59 (2) (intro.), 121.59 (3), 121.905 (1) (a), 121.905 (3) (c) 6., 121.91
13(2m) (i) (intro.), 121.91 (2m) (im) (intro.), 121.91 (2m) (j) (intro.), 121.91 (2m) (r)
141. (intro.), 121.91 (2m) (r) 1. b., 121.91 (2m) (r) 2. (intro.), 121.91 (2m) (r) 2. a.,

1121.91 (2m) (r) 2. b., 121.91 (2m) (s) 1. (intro.), 121.91 (2m) (s) 1. b., 121.91 (2m)
2(s) 2. (intro.), 121.91 (2m) (s) 2. a., 121.91 (2m) (s) 2. b. and 121.91 (2m) (t) 1.
3(intro.); and to create 20.255 (1) (fg), 20.255 (2) (ch), 20.255 (2) (co), 20.255 (2)
4(cx), 20.255 (2) (dk), 20.255 (2) (dn), 20.255 (2) (dv), 20.255 (2) (kg), 20.255 (3)
5(bm), 20.255 (3) (dg), 20.255 (3) (fv), 20.505 (8) (hm) 29., 115.28 (28), 115.28 (63)
6(d), 115.28 (66), 115.28 (68), 115.341 (3), 115.342, 115.364 (1) (c), 115.437 (1) (a),
7115.437 (1) (d), 115.437 (2) (a) 2., 115.449, 115.453, 115.457, 115.882 (1) and (2),
8115.958, 115.97 (6), 115.993 (2), 115.993 (3), 115.995 (1m) (a) (intro.), 115.995
9(1m) (b), 115.995 (2m), 115.995 (3), 115.996 (3), 118.134 (6), 121.075, 121.90 (1)
10(h), 121.905 (3) (c) 9., 121.905 (3) (c) 10., 121.905 (3) (c) 11., 121.91 (2m) (k),
11121.91 (2m) (km) and 121.91 (2m) (L) of the statutes; relating to: various
12changes to statutes related to elementary and secondary education in this
13state, funding for the University of Wisconsin System, and making an
14appropriation.
Analysis by the Legislative Reference Bureau
This bill makes various changes to laws related to general school aids and
various categorical aid programs; provides additional funding for general school
aids, various categorical aid programs, and the University of Wisconsin System; and
makes changes to, and creates additional, programs administered by the
Department of Public Instruction, including all of the following:
1. The bill directs DPI, the Department of Administration, and the Legislative
Fiscal Bureau to annually jointly certify to the Joint Committee on Finance an
estimate of the amount necessary to appropriate in the following school year to
ensure that general school aids equal two-thirds of partial school revenues (in
general, the sum of state school aids and school property taxes). Under the bill, JCF
determines the amount appropriated as general school aids in each odd-numbered
fiscal year, and the amount is set by law in each even-numbered fiscal year. General
equalization aids under the bill are estimated to total $5,200,000,000 in the 2021-22
school year and $5,295,000,000 in the 2022-23 school year.
2. The bill changes the rate at which the state reimburses school boards,
operators of independent charter schools, cooperative educational service agencies,
and county children with disabilities education boards for costs incurred to provide

special education and related services to children with disabilities and for school age
parents programs (eligible costs). Specifically, the bill changes the appropriation to
a sum sufficient and provides that, after reimbursing the full cost of special
education for children in hospitals and convalescent homes for orthopedically
disabled children, the remaining eligible costs are reimbursed at the following rates:
a) in the 2021-22 school year, 45 percent of eligible costs; and b) in the 2022-23 school
year and in each school year thereafter, 50 percent of eligible costs. Aids for special
education under the bill are estimated to total $746,970,800 in the 2021-22 school
year and $863,166,300 in the 2022-23 school year.
3. The bill increases per pupil aid paid to school districts by increasing the per
pupil amount to $750 in the 2021-22 school year and each year thereafter. The bill
also requires DPI, beginning in the 2021-22 school year, to pay a second amount of
per pupil aid to school districts that is based on the number of economically
disadvantaged pupils enrolled in each school district, specifically, $75 per each
economically disadvantaged pupil.
4. In addition to the amounts described in items 1 to 3. above, the bill increases
funding for various new and existing categorical aid and other programs
administered by DPI, some of which are described in items 10 to 20, below, by a total
of more than $940,000,000 in the 2021-22 school year and $935,000,000 in the
2022-23 school year.
5. Under the bill, in the 2021-22 and 2022-23 school years, a school district is
guaranteed an amount of general equalization aid that is equal to at least 90 percent,
rather than 85 percent, of the amount the school district received in the 2020-21
school year.
6. For purposes of calculating school district revenue limits, the bill provides
a per pupil increase of $200 for the 2021-22 school year and $204 for the 2022-23
school year. Under the bill, in the 2023-24 school year and thereafter, the per pupil
adjustment is the per pupil increase for the previous school year as adjusted for any
increase in the consumer price index.
7. Under the bill, for purposes of determining a school district's revenue limit
in the 2021-22, 2022-23, and 2023-24 school years, a school district's pupil
enrollment for the 2020-21 school year is the sum of the pupil count that occurred
on the third Friday of the 2019-20 school year or the 2020-21 school year, whichever
is greater, and 40 percent of the school district's summer enrollment in the 2019-20
school year or 2020-21 school year, whichever is greater.
8. The bill increases the per pupil revenue ceiling to $10,250 for the 2021-22
school year and to $10,500 for the 2022-23 school year and each school year
thereafter.
9. The bill eliminates the current law provision under which a school district's
revenue ceiling is the revenue ceiling from a previous school year because an
operating referendum failed in the school district.
10. The bill changes the way that state categorical aid for educating
limited-English proficient pupils (LEP) is allocated. The bill makes independent
charter schools eligible for categorical aid, in addition to school districts, and
eliminates the current law limitation that only school districts that are required

under current law to provide bilingual-bicultural education programs are eligible
for categorical aid. Under the bill, a school district or independent charter school that
had at least one LEP pupil in the prior school year receives $10,000. In addition, if
the school district or independent charter school had more than 20 LEP pupils, it
receives an additional $500 per LEP pupil above 20. If the amount appropriated is
insufficient, payments are prorated.
11. The bill provides that, under the state categorical aid program related to
pupil mental health, a school district, independent charter school, or private school
participating in a parental choice program that increased the amount it spent to
employ, hire, or retain school counselors, school social workers, school psychologists,
and school nurses is eligible for certain reimbursements. Under current law, the
reimbursements are available only for increased costs related to social workers.
12. The bill expands eligibility for reimbursement under the school breakfast
program to include operators of independent charter schools, the director of the
Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the
director of the Wisconsin Center for the Blind and Visually Impaired, and operators
of residential care centers for children and youth. The bill also prohibits DPI from
making reimbursements under the school breakfast program for breakfasts served
in the prior school year if the school ceased operations during the prior school year.
That prohibition does not apply to reimbursements to a school district.
13. The bill creates a categorical aid to reimburse educational agencies for the
difference between the federal reimbursement rate for a free school meal and a
reduced-price school meal provided that the educational agency does not charge
pupils for a reduced-price school meal. The bill defines a “school meal” as a school
lunch or snack under the federal school lunch program or a breakfast under the
federal school breakfast program and defines an “educational agency” as a school
board, an operator of an independent charter school, the director of the Wisconsin
Educational Services Program for the Deaf and Hard of Hearing, the director of the
Wisconsin Center for the Blind and Visually Impaired, an operator of a residential
care center for children and youth, a tribal school, or a private school.
14. The bill eliminates the different per pupil amount paid to independent
charter schools authorized by a tribal college. Under the bill, DPI pays the same per
pupil amount to all independent charter schools.
15. The bill creates a grant program under which DPI must award grants to
school boards and organizations to support high-quality after-school programs and
other out-of-school time programs that provide services to school-age children.
16. The bill creates a grant program under which DPI must award grants to
school districts for energy efficiency projects in school buildings.
17. The bill requires DPI to pay the $30 testing service fee for an individual who
takes a content area test given under the general educational development test
(commonly called the GED test).
18. The bill creates a grant program under which DPI may award grants to
school districts and independent charter schools to provide support and financial
assistance to their staff and teachers in obtaining licensure or certification as
bilingual teachers and teachers of English as a second language.

19. The bill requires DPI to award grants to school districts to assist licensed
school district employees in obtaining additional licensure that authorizes the
employee to teach computer science in public schools.
20. The bill allows DPI to award a grant to a school board that terminates the
use of a race-based nickname, logo, mascot, or team name that is associated with a
federally recognized American Indian tribe or American Indians in general.
The bill also provides additional funding for the UW System under its general
program operations appropriation for purposes of maintaining compliance with
maintenance of effort requirements of the federal Consolidated Appropriations Act
and the federal American Rescue Plan Act.
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:
AB1079,1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
AB1079,2 1Section 2. 20.255 (1) (fg) of the statutes is created to read:
AB1079,6,42 20.255 (1) (fg) Digitize GED test credentials. Biennially, the amounts in the
3schedule to digitize paper records related to the general educational development
4test.
AB1079,3 5Section 3. 20.255 (1) (hg) of the statutes is amended to read:
AB1079,6,136 20.255 (1) (hg) Personnel licensure, teacher supply, information and analysis
7and teacher improvement.
The amounts in the schedule All moneys received from
8the licensure of school and public library personnel under s. 115.28 (7) (d) and all
9moneys received under s. 115.41,
to fund licensure administrative costs under s. ss.
10115.28 (7) (d) and 118.19 (10), teacher supply, information and analysis costs under
11s. 115.29 (5), and teacher improvement under s. 115.41. Ninety percent of all moneys
12received from the licensure of school and public library personnel under s. 115.28 (7)
13(d), and all moneys received under s. 115.41, shall be credited to this appropriation.
AB1079,4 14Section 4. 20.255 (2) (ac) of the statutes is amended to read:
AB1079,7,6
120.255 (2) (ac) General equalization aids. The amounts in the schedule A sum
2sufficient equal to, in the 2022-23 fiscal year and biennially thereafter, the amount
3determined by the joint committee on finance under s. 121.075 (3) and, in the
42021-22 fiscal year and biennially thereafter, the amount determined by law
for the
5payment of educational aids under ss. 121.08, 121.09, 121.095, 121.105, 121.137, and
6subch. VI of ch. 121.
AB1079,5 7Section 5. 20.255 (2) (b) of the statutes is amended to read:
AB1079,7,128 20.255 (2) (b) Aids for special education and school age parents programs. The
9amounts in the schedule
A sum sufficient for the payment of the full cost of special
10education for children in hospitals and convalescent homes under s. 115.88 (4) and
11for the payment of
aids for special education and school age parents programs under
12ss. 115.88, 115.93 and 118.255
as provided under s. 115.882.
AB1079,6 13Section 6. 20.255 (2) (cc) of the statutes is amended to read:
AB1079,7,1614 20.255 (2) (cc) Bilingual-bicultural education aids English learner categorical
15aid
. The amounts in the schedule for bilingual-bicultural education programs aid
16under subch. VII of ch. 115 s. 115.995.
AB1079,7 17Section 7. 20.255 (2) (ch) of the statutes is created to read:
AB1079,7,2018 20.255 (2) (ch) Capacity-building grants for licensed educators. The amounts
19in the schedule for grants to increase licensure of bilingual teachers and teachers of
20English as a 2nd language under s. 115.958.
AB1079,8 21Section 8. 20.255 (2) (co) of the statutes is created to read:
AB1079,7,2322 20.255 (2) (co) Supplemental nutrition aid. A sum sufficient for payments
23under s. 115.342.
AB1079,9 24Section 9. 20.255 (2) (cx) of the statutes is created to read:
AB1079,8,4
120.255 (2) (cx) Aid for transportation; early college credit program. The
2amounts in the schedule to reimburse parents and guardians under s. 118.55 (7g) for
3the transportation of pupils attending a course at an institution of higher education
4and taking the course for high school credit.
AB1079,10 5Section 10. 20.255 (2) (cy) of the statutes is amended to read:
AB1079,8,116 20.255 (2) (cy) Aid for transportation; open enrollment and early college credit
7program
. The amounts in the schedule to reimburse parents for the costs of
8transportation of open enrollment pupils under ss. 118.51 (14) (b) and 118.52 (11) (b)
9and for the payment of state aid under s. 118.55 (7g) for the transportation of pupils
10attending a course at an institution of higher education and receiving credit for the
11course under s. 118.55 (3) (b)
.
AB1079,11 12Section 11. 20.255 (2) (da) of the statutes is amended to read:
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