Amendment ASA1-AB347

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.

AB347-ASA1,7,22 (2) Acceptance criteria. (a) By December 1, 1996, each school board shall adopt a resolution specifying criteria for accepting and rejecting applications. If the school board wishes to revise the criteria, it shall do so by resolution. The criteria may include any of the following:

AB347-ASA1,8,2 1. The availability of space in the school, program, class or grade, including any class-size limits, pupil-teacher ratios or enrollment projections established by the school board. The school board may give preference in attendance at a school, program, class or grade to residents of the school district who live outside the school's attendance area.

AB347-ASA1,8,4 2. Whether the pupil is involved in a disciplinary proceeding, as determined by the school board of the school district to which the pupil has applied.

AB347-ASA1,8,8 (am) The criteria may not include academic achievement, athletic or other special ability, English language proficiency, the presence of a physical, mental, emotional or learning disability, previous disciplinary proceedings or anything else not specified in par. (a) 1. and 2., except as provided under par. (b).

AB347-ASA1,8,10 (b) A school board shall give preference in accepting applications to pupils and to siblings of pupils who are already attending public school in the school district.

AB347-ASA1,8,13 (c) 1. A school board may prohibit a resident pupil from attending school in another school district under this section if the school board determines that the pupil is involved in a disciplinary proceeding.

AB347-ASA1,8,16 2. A school board shall prohibit a resident pupil from attending school in another school district under this section if allowing such attendance would violate a court-ordered plan to reduce racial imbalance in the school district.

AB347-ASA1,9,3 3. In the 1997-98 school year, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts to 3% of its membership. In each of the 7 succeeding school years, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts an additional 1% of its membership. If more than the maximum allowable number of resident pupils apply to attend public school in other school districts in any school year, the school board of the school district of residence shall determine which pupils will be allowed to attend public school in other school districts on a random basis, except that the school board shall give preference to pupils who are already attending public school in the school district to which they are applying and to siblings of such pupils. The school board shall notify the applicants of its determination by April 1.

AB347-ASA1,9,7 (3) Appeal of rejection. If an application is rejected under sub. (1) (a) or a pupil is prohibited from attending school in another school district under sub. (2) (c), the pupil's parent may appeal the decision to the department within 30 days after the decision.

AB347-ASA1,9,11 (4) Rights and privileges of nonresident pupils. A pupil attending a public school outside his or her school district of residence under this section has all of the rights and privileges of resident pupils and is subject to the same rules and regulations as resident pupils.

AB347-ASA1,9,14 (6) Transportation. The parent of a pupil attending a public school outside the pupil's school district of residence under this section is responsible for transporting the pupil to and from school.

AB347-ASA1,9,20 (7) Tuition. (a) Except as provided under par. (b), the school board of the school district of residence shall pay to the school board of the school district of attendance, for each pupil attending a public school outside his or her school district of residence under this section, tuition calculated under s. 121.83 for either the school district of residence or the school district of attendance, whichever is lower, or an amount agreed to by the school boards of the 2 school districts.

AB347-ASA1,9,24 (b) The school board of the school district of residence shall pay to the school board of the school district of attendance, for each child with exceptional educational needs, as defined in s. 115.76 (3), who is attending a public school outside his or her school district of residence under this section, tuition calculated under s. 121.83 for the school district of attendance, or an amount agreed to by the school boards of the 2 school districts.

AB347-ASA1,10,9 (c) The amount to be paid under pars. (a) and (b) and a payment schedule shall be specified in a written agreement. If the school boards cannot agree on the amount of tuition, the department shall determine the amount. If the school boards cannot agree on a payment schedule, payment shall be made in 4 instalments. The first 3 instalments shall be based on estimated costs and paid on the last day of September, December and March in the school year in which the costs are incurred. The 4th instalment, adjusted for actual costs, shall be paid when the actual costs are known.

AB347-ASA1,10,11 (8) Information. Each school board shall provide information about its schools and programs in the format and manner prescribed by the department.

AB347-ASA1,10,16 118.52 Interdistrict enrollment options. (1) Applicability. Beginning in the 1997-98 school year, a pupil enrolled in a public school in the high school grades may attend a public school outside his or her school district of residence under this section for the purpose of taking 1 or 2 courses offered by the other school district, if all of the following apply:

AB347-ASA1,10,18 (b) The school board of the other school district determines that there is space available in the course or courses.

AB347-ASA1,10,21 (d) The school board of the school district of residence determines that the courses satisfy high school graduation requirements under s. 118.33 in that school district.

AB347-ASA1,10,23 (e) The pupil meets all of the prerequisites for the course or courses that apply to pupils who reside in the other school district.

AB347-ASA1,11,11 (2) Application procedures. (a) The pupil's parent shall submit an application, on a form provided by the department, to the school board of the school district in which the pupil wishes to attend courses by February 1 of the school year immediately preceding the school year in which he or she wishes to attend the courses, and shall send a copy of the application to the school board of the school district of residence. The application shall specify the course or courses that the pupil wishes to attend. By April 1 following receipt of the application, the school board shall notify the applicant, in writing, whether the application has been accepted. The acceptance applies only for the following school year. 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 a course or courses in that school district in the following school year.

AB347-ASA1,11,15 (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 course than there are spaces available in the course, the school board shall determine which pupils to accept on a random basis.

AB347-ASA1,11,19 (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 courses in the former school district in the following school year.

AB347-ASA1,11,24 (c) If a pupil's parent notifies the school board of a nonresident school district that the pupil intends to attend courses in that school district in the following school year under par. (a), the pupil shall attend those courses in that school district in the following school year, except that he or she may cease attending the courses at any time during that school year if the school boards of both school districts agree.

AB347-ASA1,12,4 (3) Acceptance criteria. (a) By December 1, 1996, each school board shall adopt a resolution specifying criteria for accepting and rejecting applications. If the school board wishes to revise the criteria, it shall do so by resolution. The criteria may include any of the following:

AB347-ASA1,12,7 1. The availability of space in the course. The school board may give preference in attendance in a course to residents of the school district who live outside the school's attendance area.

AB347-ASA1,12,9 2. Whether the pupil is involved in a disciplinary proceeding, as determined by the school board of the school district to which the pupil has applied.

AB347-ASA1,12,13 (am) The criteria may not include academic achievement, athletic or other special ability, English language proficiency, the presence of a physical, mental, emotional or learning disability, previous disciplinary proceedings or anything else not specified in par. (a) 1. and 2., except as provided under par. (b).

AB347-ASA1,12,15 (b) A school board shall give preference in accepting applications to pupils who are already attending courses in the school district.

AB347-ASA1,12,18 (c) 1. A school board may prohibit a resident pupil from attending courses in another school district under this section if the school board determines that the pupil is involved in a disciplinary proceeding.

AB347-ASA1,12,21 2. A school board shall prohibit a resident pupil from attending courses in another school district under this section if allowing such attendance would violate a court-ordered plan to reduce racial imbalance in the school district.

AB347-ASA1,13,2 (4) Appeal of rejection. If an application is rejected under sub. (2) (a) or a pupil is prohibited from attending courses in another school district under sub. (3) (c), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB347-ASA1,13,6 (5) Rights and privileges of nonresident pupils. A pupil attending courses in a public school outside his or her school district of residence under this section has all of the rights and privileges of resident pupils and is subject to the same rules and regulations as resident pupils.

AB347-ASA1,13,9 (6) Transportation. The parent of a pupil attending courses in a public school outside the pupil's school district of residence under this section is responsible for transporting the pupil to and from the courses that the pupil is attending.

AB347-ASA1,13,18 (7) Tuition. The school board of the school district of residence shall pay to the school board of the other school district for each pupil attending one or more courses at a public school outside his or her school district of residence under this section an amount equal to the cost of providing the course or courses to the pupil, calculated as determined by the department. Unless the 2 school boards agree to a different schedule, tuition payments shall be made in 4 instalments. The first 3 instalments shall be based on estimated costs and paid on the last day of September, December and March in the school year in which the costs are incurred. The 4th instalment, adjusted for actual costs, shall be paid when the actual costs are known.

AB347-ASA1,13,23 118.54 School districts participating in a special transfer program. (1) If the school board of a school district participating in a program under s. 121.85 or 121.86 determines that the application deadlines under s. 118.51 or 118.52 conflict with procedures necessary to implement the program under s. 121.85 or 121.86, the school board may modify the deadlines under ss. 118.51 and 118.52.

AB347-ASA1,14,3 (2) (a) Annually by December 1, the school board of a school district participating in an interdistrict transfer program under s. 121.85 shall adopt a resolution specifying one of the following:

AB347-ASA1,14,7 1. The number of pupils that it will accept under the interdistrict school choice program under s. 118.51 and the number of pupils that it will accept under the interdistrict transfer program under s. 121.85 in the succeeding school year, by grade level and by school.

AB347-ASA1,14,11 2. Of the total number of pupils that it will accept under the interdistrict school choice program under s. 118.51 and the interdistrict transfer program under s. 121.85 in the succeeding school year, the percentage that it will accept under each program.

AB347-ASA1,14,15 3. That all applications under the interdistrict school choice program under s. 118.51 for the succeeding school year shall be given preference over all applications under the interdistrict transfer program under s. 121.85 for the succeeding school year.

AB347-ASA1,14,19 4. That all applications under the interdistrict transfer program under s. 121.85 for the succeeding school year shall be given preference over all applications under the interdistrict school choice program under s. 118.51 for the succeeding school year.

AB347-ASA1,14,21 (b) The resolution adopted under par. (a) shall comply with any applicable court-ordered plan to reduce racial imbalance in the school district.

AB347-ASA1,14,22 118.56 Department duties. The department shall do all of the following:

AB347-ASA1,14,23 (1) Promulgate rules to implement and administer this subchapter.

AB347-ASA1,15,2 (2) Annually submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3). The report shall specify the number of pupils attending a school outside the pupil's school district of residence under s. 118.51 by school, grade, ethnicity and gender.

AB347-ASA1, s. 20 Section 20. 119.04 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB347-ASA1,15,11 119.04 (1) Subchapters IV, V and VII of ch. 115, subch. II of ch. 118, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 120.12 (5) and (15) to (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26) and (34) to (36) and 120.14 are applicable to a 1st class city school district and board.

AB347-ASA1, s. 21 Section 21. 119.24 of the statutes is amended to read:

AB347-ASA1,15,17 119.24 Admission of pupils. Each Subject to s. 118.51 (1) (c), each school under the jurisdiction of the board shall be open to pupils residing within the attendance district established for that school under s. 119.16 (2). A pupil residing in any such attendance district may attend a school in another attendance district with the written permission of the superintendent of schools.