Amendment ASA1-AB347

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1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 347

October 24, 1995 - Offered by Committee on Education.

AB347-ASA1,1,10 An Act to repeal 118.37 (1) (title) and 118.37 (9); to renumber 118.37 (title), 118.37 (2) to (6) and 118.37 (8); to renumber and amend 118.37 (1), 118.37 (7g) and 121.78 (1); to amend 20.255 (2) (cw), 38.04 (11) (a) 2., 38.22 (1) (intro.), 38.28 (1m) (a) 1., 115.28 (38), 115.80 (5) (a), 119.04 (1), 119.24, 120.12 (17), 121.05 (1) (a) 5., 121.58 (2) (a), 121.58 (4), 121.77 (1), 121.81 (2) (a) and 121.84 (1) (a); and to create 115.80 (3) (bm), 115.80 (4) (am), 115.85 (1) (e), 115.85 (2) (f), subchapter I (title) of chapter 118 [precedes 118.01], subchapter II of chapter 118 [precedes 118.50], 121.54 (10) and 121.78 (1g) of the statutes; relating to: establishing interdistrict school choice and interdistrict enrollment options programs and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB347-ASA1, s. 1 Section 1. 20.255 (2) (cw) of the statutes is amended to read:

AB347-ASA1,1,14 20.255 (2) (cw) Aid for transportation to institutions of higher education. The amounts in the schedule for the payment of state aid for the transportation of pupils attending an institution of higher education under s. 118.37 118.55 (7g).

AB347-ASA1, s. 2 Section 2. 38.04 (11) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB347-ASA1,2,10 38.04 (11) (a) 2. In consultation with the department of public instruction, the board shall establish, by rule, a uniform format for district boards to use in reporting the number of pupils attending district schools under ss. 118.15 (1) (b), (cm) and (d) and 118.37 118.55 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in the district's associate degree program and for technical college credit. The format shall be identical to the format established by the department of public instruction under s. 115.28 (38).

AB347-ASA1, s. 3 Section 3. 38.22 (1) (intro.) of the statutes is amended to read:

AB347-ASA1,2,14 38.22 (1) (intro.) Except as provided in subs. (1m) and (1s) and s. 118.37 118.55, every person who is at least the age specified in s. 118.15 (1) (b) is eligible to attend the schools of a district if the person is:

AB347-ASA1, s. 4 Section 4. 38.28 (1m) (a) 1. of the statutes is amended to read:

AB347-ASA1,2,24 38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under subs. (6) and (7) and ss. 38.12 (9), 38.14 (3) and (9), 46.32, 118.15 (2) (a), 118.37 118.55 and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8) and (20), 38.14 (11), 38.26, 38.27 and 38.38, all fees collected under s. 38.24 and driver education and chauffeur training aids.

AB347-ASA1, s. 5 Section 5. 115.28 (38) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB347-ASA1,3,11 115.28 (38) Reporting of pupils attending technical colleges. In consultation with the technical college system board, promulgate rules establishing a uniform format for school boards to use in reporting the number of pupils attending technical college districts under ss. 118.15 (1) (b), (cm) and (d) and 118.37 118.55 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in a technical college district's associate degree program and for technical college credit. The format shall be identical to the format established by the technical college system board under s. 38.04 (11) (a) 2.

AB347-ASA1, s. 6 Section 6. 115.80 (3) (bm) of the statutes is created to read:

AB347-ASA1,3,16 115.80 (3) (bm) If a child is attending a public school outside his or her school district of residence under s. 118.51, as part of its evaluation of the child the multidisciplinary team shall consult with appropriate personnel from the child's school district of attendance.

AB347-ASA1, s. 7 Section 7. 115.80 (4) (am) of the statutes is created to read:

AB347-ASA1,3,21 115.80 (4) (am) If a child is attending a public school outside his or her school district of residence under s. 118.51, the staff appointed under par. (a) shall consult with appropriate personnel from the child's school district of attendance before developing an individualized education program for the child.

AB347-ASA1, s. 8 Section 8. 115.80 (5) (a) of the statutes is amended to read:

AB347-ASA1,3,25 115.80 (5) (a) Each child who is receiving special education shall be reevaluated by a multidisciplinary team at least once every 3 years. Subsection (3) (bm) applies to reevaluations under this paragraph.

AB347-ASA1, s. 9 Section 9. 115.85 (1) (e) of the statutes is created to read:

AB347-ASA1,4,6 115.85 (1) (e) Notwithstanding par. (a), if a child with exceptional educational needs is attending a public school outside his or her school district of residence under s. 118.51, the school board of the school district of attendance shall ensure that appropriate special education programs and related services are available to the child.

AB347-ASA1, s. 10 Section 10. 115.85 (2) (f) of the statutes is created to read:

AB347-ASA1,4,13 115.85 (2) (f) If a child with exceptional educational needs is attending a public school outside his or her school district of residence under s. 118.51, the school board of the school district of attendance shall provide an appropriate educational placement for the child under this subsection, and shall pay tuition charges instead of the school district of residence if any of the placement options under pars. (am) to (d) are utilized.

AB347-ASA1, s. 11 Section 11. Subchapter I (title) of chapter 118 [precedes 118.01] of the statutes is created to read:

AB347-ASA1,4,16 Chapter 118

AB347-ASA1,4,18 Subchapter I General school operations

AB347-ASA1, s. 12 Section 12. 118.37 (title) of the statutes is renumbered 118.55 (title).

AB347-ASA1, s. 13 Section 13. 118.37 (1) (title) of the statutes is repealed.

AB347-ASA1, s. 14 Section 14. 118.37 (1) of the statutes is renumbered 118.50 (2) and amended to read:

AB347-ASA1,4,25 118.50 (2) In this section, "institution "Institution of higher education" means a center or institution within the university of Wisconsin system, a technical college or a private, nonprofit institution of higher education located in this state.

AB347-ASA1, s. 15 Section 15. 118.37 (2) to (6) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 118.55 (2) to (6).

AB347-ASA1, s. 16 Section 16. 118.37 (7g) of the statutes is renumbered 118.55 (7g) and amended to read:

AB347-ASA1,5,15 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education under this section and is taking a course for high school credit that is not comparable to a course offered in the school district may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The state superintendent shall give preference under this subsection to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB347-ASA1, s. 17 Section 17. 118.37 (8) of the statutes is renumbered 118.55 (8).

AB347-ASA1, s. 18 Section 18. 118.37 (9) of the statutes is repealed.

AB347-ASA1, s. 19 Section 19. Subchapter II of chapter 118 [precedes 118.50] of the statutes is created to read:

AB347-ASA1,5,20 Chapter 118

AB347-ASA1,5,22 Subchapter II Enrollment options programs

AB347-ASA1,5,23 118.50 Definitions. In this subchapter:

AB347-ASA1,5,24 (1) "Attendance area" has the meaning given in s. 121.845 (1).

AB347-ASA1,5,25 (3) "Membership" has the meaning given in s. 121.004 (5).

AB347-ASA1,6,1 (4) "Parent" includes a guardian.

AB347-ASA1,6,21 118.51 Interdistrict school choice. (1) Applicability; application procedures. (a) Beginning in the 1997-98 school year, a pupil may attend a public school, including a prekindergarten, early childhood or school-operated day care program, outside his or her school district of residence under this section, except that a pupil may attend a prekindergarten, early childhood or school-operated day care program outside his or her school district of residence under this section only if the pupil's school district of residence offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her school district of residence. The pupil's parent shall submit an application, on a form provided by the department, to the school board of the school district that the pupil wishes to attend by February 1 of the school year immediately preceding the school year in which he or she wishes to attend, and shall send a copy of the application to the school board of the school district of residence. The application may include a request to attend a specific school or program offered by the school district. By April 1 following receipt of the application, the school board shall notify the applicant, in writing, whether the application has been accepted. If the school board rejects an application, it shall include in the notice the reason for the rejection. By May 1 following receipt of a notice of acceptance, the pupil's parent shall notify the school board of the pupil's intent to attend school in that school district in the following school year.

AB347-ASA1,6,25 (am) A school board may not act on any application received under par. (a) until after February 1. If a school board receives more applications for a particular grade or program than there are spaces available in the grade or program the school board shall determine which pupils to accept on a random basis.

AB347-ASA1,7,4 (b) Annually by May 15, each school board of a school district that has accepted nonresident pupils under this section shall notify the school board of the school district of residence of the names of the pupils from the latter school district who will be attending the former school district in the following school year.

AB347-ASA1,7,15 (c) 1. If a pupil's parent notifies the school board of a nonresident school district that the pupil intends to attend school in that school district in the following school year under par. (a), the pupil shall attend that school district in the following school year and may continue to attend that school district in succeeding school years without reapplying. If at any time the pupil wishes to reattend school in his or her school district of residence, the pupil's parent shall notify the school boards of the school districts of residence and of attendance by February 1 preceding the school year in which the pupil will begin reattending the school district of residence. If at any time the pupil wishes to attend school in a school district other than the school district that he or she is currently attending or his or her school district of residence, the pupil's parent shall follow the application procedure under par. (a).

AB347-ASA1,7,18 2. Notwithstanding subd. 1., a pupil attending school outside his or her school district of residence under this section may reattend school in his or her school district of residence at any time if the school boards of both school districts agree.