1997 Wisconsin Act 164

164,102 Section 102 . 121.55 (3) of the statutes is amended to read:

121.55 (3) If the estimated cost of transporting a pupil under s. 121.54 (2) (b) 1. is more than 1.5 times the school district's average cost per pupil for bus transportation in the previous year, exclusive of transportation for kindergarten pupils during the noon hour and for handicapped pupils with disabilities, the school board may fulfill its obligation to transport a pupil under s. 121.54 (2) (b) 1. by offering to contract with the parent or guardian of the pupil. The contract shall provide for an annual payment for each pupil of not less than $5 times the distance in miles between the pupil's residence and the private school he or she attends, or the school district's average cost per pupil for bus transportation in the previous year exclusive of transportation for kindergarten pupils during the noon hour and for handicapped pupils with disabilities, whichever is greater, but the payment shall not exceed the actual cost nor may the aids paid under s. 121.58 (2) (a) for the pupil exceed the cost thereof. A school board which intends to offer a contract under this subsection shall notify the parent or guardian of the private school pupil of its intention at least 30 days before the commencement of the school term of the public school district.

164,103 Section 103 . 121.57 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

121.57 (1) (b) This subsection also applies to handicapped children with disabilities. The state superintendent may grant permission for a handicapped child with a disability to be transported to a school in another school district if an acceptable form of transportation is provided and if such school offers equal or better educational opportunities for the child.

164,104 Section 104 . 121.58 (3) of the statutes is amended to read:

121.58 (3) State aid for board and lodging. A school district which provides board and lodging or housing under s. 121.57 (2) in lieu of transportation shall be paid state aid for such board and lodging or housing at the rate of not more than $6 per week of 5 days for each pupil so boarded and lodged or housed, but not to exceed 60% of the cost. For children with exceptional educational needs disabilities, as defined in s. 115.76 (5), such state aid shall be supplemented by the state aid under s. 115.88 in an amount not to exceed the full cost of such board and lodging.

164,105 Section 105 . 121.76 (1) (a) of the statutes is amended to read:

121.76 (1) (a) “Agency of service" means a school board, board of control of a cooperative educational service agency, county handicapped children's children with disabilities education board or governing body of a nonsectarian private school or university model school, which provides services for which tuition may be charged.

164,106 Section 106 . 121.76 (1) (b) of the statutes is amended to read:

121.76 (1) (b) “Pupil" includes a child with exceptional educational needs a disability, as defined in ss. s.115.76 (2) and (3) (5).

164,107 Section 107 . 121.77 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

121.77 (1) (b) If facilities are adequate, a school board, board of control of a cooperative educational service agency or county handicapped children's children with disabilities education board may admit nonresident pupils who meet its entrance requirements. Nonresident pupils shall have all of the rights and privileges of resident pupils and shall be subject to the same rules and regulations as resident pupils. The agency of service shall charge tuition for each nonresident pupil.

164,108 Section 108 . 121.78 (3) (a) of the statutes is amended to read:

121.78 (3) (a) Special education programs and related services under s. 115.85 (2) subch. V of ch. 115.

164,109 Section 109 . 121.83 (1) (a) 3. (intro.) and b. of the statutes are amended to read:

121.83 (1) (a) 3. (intro.) If the pupil is enrolled in a program for children with exceptional educational needs receives special education and related services under subch. V of ch. 115:

b. The federal and state aid for pupil transportation and exceptional special education and related services shall be added.

164,110 Section 110 . 121.83 (1) (c) of the statutes is amended to read:

121.83 (1) (c) If the pupil is enrolled in a program for children with exceptional educational needs receives special education and related services under subch. V of ch. 115, the special annual tuition rate is the sum of instructional and specified services costs unique to that program divided by the average daily membership of all pupils enrolled in the program, including those for whom tuition is paid.

164,111 Section 111 . 121.905 (3) (a) of the statutes is amended to read:

121.905 (3) (a) Calculate the sum of the amount of aid received under ss. 121.08, 121.10 and 121.105 and subch. VI in the previous school year and property taxes levied for the previous school year, excluding funds described under s. 121.91 (4) (c), and the costs of the county handicapped children's children with disabilities education board program, as defined in s. 121.135 (2) (a) 2., for pupils who were school district residents and solely enrolled in a special education program provided by a county handicapped children's children with disabilities education board in the previous school year.

164,112 Section 112 . 121.905 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

121.905 (3) (b) Divide the result in par. (a) by the sum of the average of the number of pupils enrolled in the 3 previous school years and the number of pupils enrolled who were school district residents and solely enrolled in a special education program provided by a county handicapped children's children with disabilities education board program in the previous school year.

164,113 Section 113 . 121.91 (4) (a) 3. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

121.91 (4) (a) 3. Notwithstanding subd. 2., if a school board increases the services that it provides by adding responsibility for providing a service that is transferred to it from another governmental unit for a child with exceptional educational needs a disability, as defined in s. 115.76 (3) (5), or for a limited-English speaking pupil, as defined in s. 115.955 (7), the limit otherwise applicable under sub. (2m) in the current school year is increased by an amount equal to the estimated cost of providing the service less the estimated amount of aid that the school district will receive for the child or pupil in the following school year under s. 115.88 (1) (1m) to (6) and (8), 115.995 or 118.255, as determined by the state superintendent. A school board that transfers or receives responsibility for providing a service under this subdivision shall notify the state superintendent. A school board that transfers responsibility for providing a service under this subdivision shall provide the state superintendent with an estimate of the reduction in cost attributable to the transfer, even if that estimate is zero. The state superintendent shall notify the transferring school district when a receiving school district notifies the state superintendent that it has received responsibility for providing a service transferred to it under this subdivision.

164,114 Section 114 . 253.02 (1) (a) of the statutes is amended to read:

253.02 (1) (a) “Children with special health care needs" means children who have health problems that require intervention beyond routine and basic care, including children with or at risk for disabilities, handicapping conditions, chronic illnesses and conditions, health-related educational problems and health-related behavioral problems.

164,115 Section 115 . 253.12 (1) (g) of the statutes is amended to read:

253.12 (1) (g) “Other severe disability" means a severe sensory impairment, severe physical handicap orthopedic impairment or developmental delay that results from injury, infection or disease, is chronic in nature and requires long-term care.

164,116 Section 116 . 254.162 (1) (d) of the statutes is amended to read:

254.162 (1) (d) School-based programs serving children under 6 years of age, including kindergartens, programs special education and related services for children with exceptional educational needs disabilities, as defined in s. 115.76 (5), and other early childhood programs.

164,117 Section 117 . 340.01 (56) (a) 4. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

340.01 (56) (a) 4. Children with disabilities, as defined under s. 115.76 (2) with exceptional educational needs of a type specified under s. 115.76 (3) (a) to (L) (5), to or from an educational program approved by the department of public instruction.

164,118 Section 118 . 346.475 of the statutes is amended to read:

346.475 (title) Human service vehicles; loading or unloading handicapped children with disabilities. No person who operates a human service vehicle may stop to load or unload passengers who are handicapped children with disabilities unless the vehicle is entirely off the traveled portion of the roadway in an area where stopping, standing or parking is not prohibited and the children do not have to cross the roadway in order to be loaded or unloaded.

164,119 Section 119 . 448.56 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

448.56 (1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, chiropractor, dentist or podiatrist. Written referral is not required if a physical therapist provides services in schools to children with exceptional educational needs disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, chiropractor, dentist or podiatrist who made the diagnosis. The affiliated credentialing board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.

164,120 Section 120 . 814.04 (intro.) of the statutes is amended to read:

814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 106.04 (6) (i) and (6m) (a), 115.80 (9), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

164,121 Section 121 . 904.085 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 59, is amended to read:

904.085 (2) (a) “Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. or 111.87, mediation under s. 115.812 115.797, negotiation under s. 289.33 (9), mediation under ch. 655 or s. 767.11, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. “Mediation" does not include binding arbitration or appraisal.

164,122 Section 122 . 938.34 (7d) (d) of the statutes is amended to read:

938.34 (7d) (d) This subsection does not apply to a juvenile who is a child with exceptional educational needs a disability, as defined under s. 115.76 (3) (5).

164,123 Section 123 . 938.345 (1) (e) of the statutes is amended to read:

938.345 (1) (e) Place any juvenile not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, or mentally ill or to have exceptional educational needs be a child with a disability, as defined in s. 115.76 (5), in facilities which exclusively treat those categories of juveniles.