1999 Wisconsin Act 9

9,2035m Section 2035m. 111.70 (1) (nc) 1. c. of the statutes is amended to read:

111.70 (1) (nc) 1. c. A proposal to provide for an average salary increase for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for the municipal employes in the collective bargaining unit at least equivalent to an average cost of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, beginning with the expiration date of any previous collective bargaining agreement, including that percentage required to provide for any step increase and any increase due to a promotion or the attainment of increased professional qualifications, as determined under sub. (4) (cm) 8s., unless the increased cost of providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, or unless the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s., in addition to the increased cost of providing such a salary increase, exceeds 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the collective bargaining agreement, in which case the offer shall include provision for a salary increase for each such period for the municipal employes covered by the agreement at least equivalent to an average of that percentage, if any, for each such period of the prorated portion of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit plus any fringe benefit savings that remains, if any, after the increased cost of such maintenance exceeding 1.7% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period and the cost of a salary increase of at least one full step for each municipal employe in the collective bargaining unit who is eligible for a within range salary increase for each 12-month period is subtracted from that total cost.

9,2036m Section 2036m. 111.70 (4) (cm) 5s. of the statutes is amended to read:

111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of school district professional employes, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a qualified economic offer. The commission shall appoint an investigator for that purpose. If the investigator finds that the municipal employer has submitted a qualified economic offer, the investigator shall determine whether a deadlock exists between the parties with respect to all economic issues. If the municipal employer submits a qualified economic offer applicable to any period beginning on or after July 1, 1993, no economic issues are subject to interest arbitration under subd. 6. for that period, except that only the impact of contracting out or subcontracting work that would otherwise be performed by municipal employes in the collective bargaining unit is subject to interest arbitration under subd. 6. In such a collective bargaining unit, economic issues concerning the wages, hours or conditions of employment of the school district professional employes in the unit for any period prior to July 1, 1993, are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, noneconomic issues applicable to any period on or after July 1, 1993, are subject to interest arbitration after the parties have reached agreement and stipulate to agreement on all economic issues concerning the wages, hours or conditions of employment of the school district professional employes in the unit for that period. In such a collective bargaining unit, if the commission's investigator finds that the municipal employer has submitted a qualified economic offer and that a deadlock exists between the parties with respect to all economic issues, the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning economic issues, or of all provisions of any existing collective bargaining agreement concerning economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993, during the 90-day period prior to expiration of the period included within a qualified economic offer, operates as a full, final and complete settlement of all economic issues between the parties for the period included within the qualified economic offer. The failure of a labor organization to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under subd. 6.

9,2037c Section 2037c. 111.91 (2) (r) of the statutes is created to read:

111.91 (2) (r) The requirements under s. 609.10 related to offering a point-of-service option plan.

9,2039 Section 2039. 114.20 (11) of the statutes is amended to read:

114.20 (11) Issuance of certificate of registration; display of certificate; refunds. Upon payment of a registration fee or transfer of registration fee, the department shall issue evidence of registration which shall be displayed at all times in the manner prescribed by the department. A refund may be made for aircraft registration fees paid in error as determined by the department. Refunds under this section shall be paid out of the appropriation under s. 20.395 (4) (aq).

9,2039g Section 2039g. 114.31 (3) of the statutes is renumbered 114.31 (3) (a).

9,2039h Section 2039h. 114.31 (3) (b) of the statutes is created to read:

114.31 (3) (b) From the appropriation under s. 20.395 (2) (ds), the department shall administer an aviation career education program to provide training and apprenticeship opportunities associated with aviation careers for socially and economically disadvantaged youth.

9,2040 Section 2040. 115.28 (24) of the statutes is amended to read:

115.28 (24) Priority in awarding grants. Give priority in awarding grants to local community organizations under sub. (21) and to school boards under ss. 115.36 and 115.362 115.361, and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 1602 (b) (1), to programs that provide more than one of the educational services specified under sub. (21), s. 115.36, 115.362 115.361, 115.915, 118.01 (2) (d) 7. or 8. or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 1602 (b) (1).

9,2040d Section 2040d. 115.28 (24) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

115.28 (24) Priority in awarding grants. Give priority in awarding grants to local community organizations under sub. (21) and to school boards under ss. 115.36 and 115.361, and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 1602 (b) (1) 29 USC 2862 (b) (1) (B), to programs that provide more than one of the educational services specified under sub. (21), s. 115.36, 115.361, 115.915, 118.01 (2) (d) 7. or 8. or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 1602 (b) (1) 29 USC 2862 (b) (1) (B).

9,2041 Section 2041. 115.28 (25) of the statutes is created to read:

115.28 (25) School technology resource grants. Consult with the technology for educational achievement in Wisconsin board before awarding school technology resource grants under 20 USC 6842.

9,2041m Section 2041m. 115.28 (26) of the statutes is created to read:

115.28 (26) Periodical and reference information data bases. Contract with one or more persons to provide statewide access, through the Internet, to periodical and reference information data bases.

9,2042 Section 2042. 115.28 (39) of the statutes is amended to read:

115.28 (39) Alcohol and other drug abuse report. By July 1, 1998, and biennially by July 1 thereafter, evaluate the effectiveness of the programs under ss. 115.36, and 115.361 and 115.362 and submit a report to the legislature under s. 13.172 (2). To satisfy this reporting requirement as it pertains to s. 115.361, the department may incorporate into the report under this subsection the report required under s. 115.361 (7) (c) (2).

9,2042e Section 2042e. 115.28 (42) of the statutes is created to read:

115.28 (42) Foreign language instruction grants. Beginning in the 2000-01 fiscal year, award at least one grant in each fiscal year, on a competitive basis, to a school board or board of control of a cooperative educational service agency for the development and implementation of a foreign language instruction program in a public school in grades kindergarten to 6. The department shall award the grants from the appropriation under s. 20.255 (2) (fL). The department shall promulgate rules to implement and administer this subsection.

9,2042g Section 2042g. 115.28 (43) of the statutes is created to read:

115.28 (43) School safety funding. With the department of justice, seek and apply for federal funds relating to school safety and reducing violence and disruption in schools, including funds for alternative schools or programs. Each department shall make a report by January 1, 2001, and January 1, 2003, of its progress in applying for and obtaining funds under this subsection. The report shall be provided to the legislature in the manner provided under s. 13.172 (2) to the cochairpersons of the joint committee on finance and to the governor.

9,2042m Section 2042m. 115.28 (44) of the statutes is created to read:

115.28 (44) Direct instruction program. From the appropriation under s. 20.255 (1) (me), award a grant of $ 280,000 annually in the 1999-2000, 2000-01, 2001-02 and 2002-03 fiscal years to the University of Wisconsin-Milwaukee to conduct a direct instruction pilot program. The purpose of the program shall be to determine the efficiency of direct instruction in improving the ability of children to read. By August 1 of 2000, 2001, 2002 and 2003, the University of Wisconsin-Milwaukee shall submit a report to the appropriate standing committees of the legislature under s. 13.172, and to the state superintendent, that describes the findings and conclusions of the study.

9,2042n Section 2042n. 115.31 (1) (b) of the statutes is amended to read:

115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin school for the visually handicapped Wisconsin Center for the Blind and Visually Impaired, the Wisconsin school School for the deaf Deaf, the Mendota mental health institute, the Winnebago mental health institute, a state center for the developmentally disabled, a private school or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

9,2042s Section 2042s. 115.341 of the statutes is repealed and recreated to read:

115.341 School breakfast program. (1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board 10 cents for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable, and shall reimburse each governing body of a private school 10 cents for each breakfast served at the private school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable.

(2) If the appropriation under s. 20.255 (2) (cm) in any fiscal year is insufficient to pay the full amount of aid under this section, the state superintendent shall prorate state aid payments among the school boards and governing bodies of private schools entitled to the aid.

9,2043 Section 2043. 115.355 of the statutes is amended to read:

115.355 Assistance to schools for instruction on adoption. The department shall annually and upon request disseminate to appropriate public school staff information about materials and services available through the state adoption center under s. 48.551 48.55 which may serve as resources for instruction on adoption for pupils in grades kindergarten through 12.

9,2044 Section 2044. 115.36 (3) (a) (intro.) of the statutes is amended to read:

115.36 (3) (a) (intro.) The department shall, from the appropriation under s. 20.255 (2) (g) (kd), fund school district projects designed to assist minors experiencing problems resulting from the use of alcohol or other drugs or to prevent alcohol or other drug abuse by minors. The department shall:

9,2045 Section 2045. 115.361 of the statutes is repealed and recreated to read:

115.361 Alcohol and other drug abuse prevention and intervention programs. (1) A school board may apply to the department for a grant to fund an alcohol and other drug abuse prevention and intervention program. The department shall pay grants awarded under this section from the appropriation under s. 20.255 (2) (dm) and shall promulgate rules to implement and administer this section.

(2) The department shall collect and analyze information about the programs funded under this section, evaluate their effectiveness and submit a report of the evaluation to the appropriate standing committees of the legislature under s. 13.172 (3) and to the governor by July 1, 2000, and biennially by July 1 thereafter.

9,2046 Section 2046. 115.3615 of the statutes is amended to read:

115.3615 Head start supplement. From the appropriation appropriations under s. 20.255 (2) (eh) and (kh), the state superintendent shall distribute funds to agencies determined by the state superintendent to be eligible for designation as head start agencies under 42 USC 9836 to provide comprehensive health, educational, nutritional, social and other services to economically disadvantaged children and their families. The state superintendent shall distribute the funds in a manner consistent with 42 USC 9831 to 9852 except that there is no matching fund requirement. The state superintendent shall give preference in funding under this section to an agency that is agencies that are receiving federal funds under 42 USC 9831 to 9852 and to agencies that operate full-time or early head start programs. Funds distributed under this section may be used to match available federal funds under 42 USC 9831 to 9852 only if the funds are used to secure additional federal funds for the purposes under this section.

9,2047 Section 2047. 115.362 of the statutes is repealed.

9,2048m Section 2048m. 115.366 of the statutes is created to read:

115.366 Alternative education grants. (1) From the appropriation under s. 20.255 (2) (cf), the department shall award grants to school districts and consortia of school districts for alternative education programs, as defined by the department by rule. The department shall encourage rural school districts and consortia of school districts to apply for grants under this section.

(2) The department shall promulgate rules to implement and administer this section.

9,2048ng Section 2048ng. 115.37 of the statutes is repealed and recreated to read:

115.37 Blind and visual impairment education council. (1) In this section:

(a) "Council" means the blind and visual impairment education council.

(b) "Visually impaired" has the meaning given in s. 115.51 (4).

(2) The state superintendent shall seek the advice of and consult with the council on issues related to persons who are visually impaired. The state superintendent and the director of the Wisconsin Center for the Blind and Visually Impaired, or their designees, shall attend meetings of the council.

(3) The council shall do all of the following:

(a) Meet at least twice each year.

(b) Advise the state superintendent on such statewide services, activities, programs, investigations and research as in its judgment will benefit pupils who are visually impaired.

(c) Make recommendations for the improvement of services provided by the Wisconsin Center for the Blind and Visually Impaired.

(d) Review the level and quality of services available to pupils in the state who are visually impaired and make recommendations about those services.

(e) Propose to the state superintendent ways to improve the preparation of teachers and other staff who provide services to pupils who are visually impaired.

(f) Propose to the state superintendent ways to improve coordination between the department and other agencies in providing services to persons who are visually impaired.

(4) The council may initiate consultations with the department.

(5) The council shall have access to public files, public records and statistics kept in the department that relate to matters concerning children who are visually impaired.

9,2048nr Section 2048nr. 115.38 (1) (b) of the statutes is renumbered 115.38 (1) (b) 1. and amended to read:

115.38 (1) (b) 1. Other indicators of school and school district performance, including dropout, attendance, retention in grade and graduation rates; numbers of suspensions and expulsions; percentage of habitual truants, as defined in s. 118.16 (1) (a); percentage of pupils participating in extracurricular and community activities and advanced placement courses; percentage of graduates enrolled in postsecondary educational programs; and percentage of graduates entering the workforce.

9,2048t Section 2048t. 115.38 (1) (b) 2. of the statutes is created to read:

115.38 (1) (b) 2. The numbers of suspensions and expulsions; the reasons for which pupils are suspended or expelled, reported according to categories specified by the state superintendent; the length of time for which pupils are expelled, reported according to categories specified by the state superintendent; whether pupils return to school after their expulsion; the educational programs and services, if any, provided to pupils during their expulsions, reported according to categories specified by the state superintendent; the schools attended by pupils who are suspended or expelled; and the grade, sex and ethnicity of pupils who are suspended or expelled and whether the pupils are children with disabilities, as defined in s. 115.76 (5).

9,2050 Section 2050. 115.42 (1) (a) (intro.) of the statutes is amended to read:

115.42 (1) (a) (intro.) In the 1999-2000 school year the The department shall award a $2,000 grant to any person who satisfies all of the following requirements:

9,2051 Section 2051. 115.42 (1) (a) 1. of the statutes is amended to read:

115.42 (1) (a) 1. The person is certified by the National Board for Professional Teaching Standards before July 1, 2000.

9,2052 Section 2052. 115.42 (1) (b) of the statutes is created to read:

115.42 (1) (b) The grant under this subsection shall be an amount equal to the costs of obtaining certification under par. (a) 1. that are borne by the person, not to exceed $2,000. The department shall award the grant under this subsection in the school year in which the person is certified under par. (a) 1., except that if the person becomes certified under par. (a) 1. while he or she is not a resident of this state, the department shall award the grant under this subsection in the first school year in which the person meets the requirements under par. (a).

9,2053 Section 2053. 115.42 (2) (intro.) of the statutes is amended to read:

115.42 (2) (intro.) In the 2000-01 school year the The department shall award a $2,500 grant to each person who received a grant under sub. (1) in each of the 9 school years following the school year in which he or she received the grant if the person satisfies all of the following requirements:

9,2053am Section 2053am. 115.435 of the statutes is created to read:

115.435 Supplemental aid. (1) A school district that satisfies all of the following criteria may apply to the department by October 15 of each school year for a grant to supplement aid under s. 121.08.

(a) The school district had an enrollment in the previous school year of fewer than 500 pupils.

(b) The school district is at least 200 square miles in area.

(c) At least 65% of the real property in the school district is exempt from taxation under s. 70.11, owned by or held in trust for a federally recognized American Indian tribe or owned by the federal government.

(2) No later than June 30 of the current school year, the department shall, from the appropriation under s. 20.255 (2) (ad), pay each school district that satisfies the criteria under sub. (1) $350 for each pupil enrolled in the school district in the previous school year. If the appropriation under s. 20.255 (2) (ad) is insufficient to pay the full amount under this subsection, the funds shall be prorated among the entitled school districts.

(3) The department shall promulgate rules to implement and administer this section.

9,2053b Section 2053b. Subchapter III (title) of chapter 115 [precedes 115.51] of the statutes is amended to read:

CHAPTER 115

SUBCHAPTER III
STATE SCHOOLS school for the
deaf and STATE center for the
blind and visually impaired

9,2053c Section 2053c. 115.51 (1) of the statutes is repealed.

9,2053d Section 2053d. 115.51 (3) and (4) of the statutes are created to read:

115.51 (3) "Local educational agency" has the meaning given in s. 115.76 (10).

(4) "Visually impaired" means loss of vision or blindness as described in the rule promulgated by the state superintendent to define "visual impairments" for the purposes of s. 115.76 (5) (a) 4.

9,2053f Section 2053f. 115.52 of the statutes is amended to read:

115.52 Wisconsin schools School for the visually handicapped and the deaf Deaf. (1) The object of the Wisconsin school for the visually handicapped and the Wisconsin school School for the deaf Deaf is to afford persons with visual impairments and persons with hearing impairments a practical education and physical rehabilitation which may aid them to make a living, discharge their duties as citizens and secure to them all possible happiness.

(2) The state superintendent shall maintain and govern the school for the visually handicapped and the school School for the deaf Deaf. The state superintendent may fix the period of the school year at the schools school at not less than 38 weeks, prescribe the school terms and confer diplomas upon meritorious pupils who have completed the prescribed curricula.

(3) All the blind and the deaf residents of this state 6 to 20 years old, and for the duration of a school term all the blind or deaf residents of this state who become 21 years old during that school term, who are capable of receiving instruction shall be received and taught in the schools School for the Deaf free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the state superintendent at an amount not less than $75 per month, but no nonresident shall be received to the exclusion of a resident pupil. The state superintendent also may admit pupils who are 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the superintendent of the school to which the pupil will be assigned School for the Deaf. All pupils shall equally and freely enjoy the benefits and privileges of the schools school and have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination. The schools school may provide transportation for resident pupils.