LRBs0079/1
PG:kmg:ks
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 212
April 21, 1995 - Offered by Representatives Duff and Ward.
AB212-ASA1,1,2 1An Act to create 118.38 of the statutes; relating to: authorizing the department
2of public instruction to waive school district requirements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB212-ASA1, s. 1 3Section 1. 118.38 of the statutes is created to read:
AB212-ASA1,1,8 4118.38 Waivers of laws and rules. (1) (a) A school board may request the
5department to waive any school board or school district requirement in chs. 115 to
6121 or in the administrative rules promulgated by the department under the
7authority of those chapters, except for statutes or rules related to any of the
8following:
AB212-ASA1,1,99 1. The health or safety of pupils.
AB212-ASA1,1,1010 2. Pupil discrimination under s. 118.13.
AB212-ASA1,1,1111 3. Pupil records under s. 118.125.
AB212-ASA1,1,1212 4. The collection of data by the department.
AB212-ASA1,1,1413 5. The uniform financial fund accounting system under ss. 115.28 (13) and
14115.30 (1) and audits of school district accounts under s. 120.14.
AB212-ASA1,2,2
1(b) Before requesting a waiver, the school board shall hold a public hearing in
2the school district on the request.
AB212-ASA1,2,4 3(2) In determining whether to grant the waiver, the department shall consider
4all of the following:
AB212-ASA1,2,65 (a) Whether the requirement impedes progress toward achieving a local
6improvement plan developed under sec. 309 (a) (3) of P.L. 103-227.
AB212-ASA1,2,87 (b) Whether the school board has adopted educational goals for the school
8district.
AB212-ASA1,2,109 (c) Whether the waiver will improve the quality of education in the school
10district.
AB212-ASA1,2,14 11(3) A waiver is effective for 4 years. The department shall renew the waiver
12for additional 4-year periods, except that the department is not required to renew
13a waiver if the department determines that the school district is not making
14adequate progress toward improving pupil academic performance.
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