AB1079: Bill Text

LRB-5162/2

KRP&ARG:klm

2021 - 2022 LEGISLATURE

2021 Assembly BILL 1079

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 An Act to repeal 118.40 (2r) (f), 118.40 (2r) (fm) 2., 118.40 (2r) (g) 1. c. to dn., 121.07 (2) (e), 121.59 (2m) (b), 121.905 (1) (b) 1. to 3. and 121.905 (1) (b) 6. and 7.; to renumber and amend 20.255 (2) (eh), 115.3615, 115.437 (1), 115.437 (2) (a), 115.882, 115.993, 115.995 (intro.), 115.995 (1) and (2), 115.996 and 121.59 (2m) (a) (intro.), 1. and 2.; to amend 20.255 (1) (hg), 20.255 (2) (ac), 20.255 (2) (b), 20.255 (2) (cc), 20.255 (2) (cy), 20.255 (2) (da), 115.28 (45), 115.341, 115.364 (1) (a), 115.364 (1) (am), 115.364 (1) (b), 115.364 (2) (a) 1., 115.364 (2) (a) 2., 115.364 (2) (a) 3., 115.364 (2) (b) 2. a., 115.364 (2) (b) 2. b., 115.367 (1), 115.95 (2), 115.95 (3), 115.96 (title), 115.96 (1), 115.97 (1), 115.977 (2), 115.993 (title), 118.40 (2r) (e) 2p. (intro.), 118.40 (2r) (fm) 1. (intro.), 118.40 (2r) (g) 1. a., 118.40 (2r) (g) 1. bf., 118.40 (2r) (g) 1. e., 118.55 (7g), 119.04 (1), 121.07 (2) (d), 121.07 (2) (e), 121.59 (2) (intro.), 121.59 (3), 121.905 (1) (a), 121.905 (3) (c) 6., 121.91 (2m) (i) (intro.), 121.91 (2m) (im) (intro.), 121.91 (2m) (j) (intro.), 121.91 (2m) (r) 1. (intro.), 121.91 (2m) (r) 1. b., 121.91 (2m) (r) 2. (intro.), 121.91 (2m) (r) 2. a., 121.91 (2m) (r) 2. b., 121.91 (2m) (s) 1. (intro.), 121.91 (2m) (s) 1. b., 121.91 (2m) (s) 2. (intro.), 121.91 (2m) (s) 2. a., 121.91 (2m) (s) 2. b. and 121.91 (2m) (t) 1. (intro.); and to create 20.255 (1) (fg), 20.255 (2) (ch), 20.255 (2) (co), 20.255 (2) (cx), 20.255 (2) (dk), 20.255 (2) (dn), 20.255 (2) (dv), 20.255 (2) (kg), 20.255 (3) (bm), 20.255 (3) (dg), 20.255 (3) (fv), 20.505 (8) (hm) 29., 115.28 (28), 115.28 (63) (d), 115.28 (66), 115.28 (68), 115.341 (3), 115.342, 115.364 (1) (c), 115.437 (1) (a), 115.437 (1) (d), 115.437 (2) (a) 2., 115.449, 115.453, 115.457, 115.882 (1) and (2), 115.958, 115.97 (6), 115.993 (2), 115.993 (3), 115.995 (1m) (a) (intro.), 115.995 (1m) (b), 115.995 (2m), 115.995 (3), 115.996 (3), 118.134 (6), 121.075, 121.90 (1) (h), 121.905 (3) (c) 9., 121.905 (3) (c) 10., 121.905 (3) (c) 11., 121.91 (2m) (k), 121.91 (2m) (km) and 121.91 (2m) (L) of the statutes; relating to: various changes to statutes related to elementary and secondary education in this state, funding for the University of Wisconsin System, and making an appropriation.

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 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table

AB1079,2 Section 2. 20.255 (1) (fg) of the statutes is created to read:

AB1079,6,4 20.255 (1) (fg) Digitize GED test credentials. Biennially, the amounts in the schedule to digitize paper records related to the general educational development test.

AB1079,3 Section 3. 20.255 (1) (hg) of the statutes is amended to read:

AB1079,6,13 20.255 (1) (hg) Personnel licensure, teacher supply, information and analysis and teacher improvement. The amounts in the schedule All moneys received from the licensure of school and public library personnel under s. 115.28 (7) (d) and all moneys received under s. 115.41, to fund licensure administrative costs under s. ss. 115.28 (7) (d) and 118.19 (10), teacher supply, information and analysis costs under s. 115.29 (5), and teacher improvement under s. 115.41. Ninety percent of all moneys received from the licensure of school and public library personnel under s. 115.28 (7) (d), and all moneys received under s. 115.41, shall be credited to this appropriation.

AB1079,4 Section 4. 20.255 (2) (ac) of the statutes is amended to read:

AB1079,7,6 20.255 (2) (ac) General equalization aids. The amounts in the schedule A sum sufficient equal to, in the 2022-23 fiscal year and biennially thereafter, the amount determined by the joint committee on finance under s. 121.075 (3) and, in the 2021-22 fiscal year and biennially thereafter, the amount determined by law for the payment of educational aids under ss. 121.08, 121.09, 121.095, 121.105, 121.137, and subch. VI of ch. 121.

AB1079,5 Section 5. 20.255 (2) (b) of the statutes is amended to read:

AB1079,7,12 20.255 (2) (b) Aids for special education and school age parents programs. The amounts in the schedule A sum sufficient for the payment of the full cost of special education for children in hospitals and convalescent homes under s. 115.88 (4) and for the payment of aids for special education and school age parents programs under ss. 115.88, 115.93 and 118.255 as provided under s. 115.882.

AB1079,6 Section 6. 20.255 (2) (cc) of the statutes is amended to read:

AB1079,7,16 20.255 (2) (cc) Bilingual-bicultural education aids English learner categorical aid. The amounts in the schedule for bilingual-bicultural education programs aid under subch. VII of ch. 115 s. 115.995.

AB1079,7 Section 7. 20.255 (2) (ch) of the statutes is created to read:

AB1079,7,20 20.255 (2) (ch) Capacity-building grants for licensed educators. The amounts in the schedule for grants to increase licensure of bilingual teachers and teachers of English as a 2nd language under s. 115.958.

AB1079,8 Section 8. 20.255 (2) (co) of the statutes is created to read:

AB1079,7,23 20.255 (2) (co) Supplemental nutrition aid. A sum sufficient for payments under s. 115.342.

AB1079,9 Section 9. 20.255 (2) (cx) of the statutes is created to read:

AB1079,8,4 20.255 (2) (cx) Aid for transportation; early college credit program. The amounts in the schedule to reimburse parents and guardians under s. 118.55 (7g) for the transportation of pupils attending a course at an institution of higher education and taking the course for high school credit.

AB1079,10 Section 10. 20.255 (2) (cy) of the statutes is amended to read:

AB1079,8,11 20.255 (2) (cy) Aid for transportation; open enrollment and early college credit program. The amounts in the schedule to reimburse parents for the costs of transportation of open enrollment pupils under ss. 118.51 (14) (b) and 118.52 (11) (b) and for the payment of state aid under s. 118.55 (7g) for the transportation of pupils attending a course at an institution of higher education and receiving credit for the course under s. 118.55 (3) (b).

AB1079,11 Section 11. 20.255 (2) (da) of the statutes is amended to read: