AB100-ASA1, s. 2754c 5Section 2754c. 115.75 (1) (b) (intro.) of the statutes is amended to read:
AB100-ASA1,1247,76 115.75 (1) (b) (intro.) No alternative school may receive state aid under this
7section unless the department state superintendent:
AB100-ASA1, s. 2754g 8Section 2754g. 115.75 (1) (b) 2. of the statutes is amended to read:
AB100-ASA1,1247,139 115.75 (1) (b) 2. Certifies that the alternative school has met the requirements
10of ss. 115.73 and 115.735 and has submitted a report to the department state
11superintendent
which includes a description of all expenditures made in the prior
12year in connection with the program, a budget for the current year for the program
13and the number of pupils who have completed the fall semester in the program.
AB100-ASA1, s. 2754n 14Section 2754n. 115.76 (3) (intro.) of the statutes is amended to read:
AB100-ASA1,1247,1815 115.76 (3) (intro.) "Child with exceptional educational needs" means a child
16with any of the following conditions, or such other conditions as the department state
17superintendent
determines, who may require educational services to supplement or
18replace regular education:
AB100-ASA1, s. 2754r 19Section 2754r. 115.76 (3) (m) of the statutes is amended to read:
AB100-ASA1,1247,2120 115.76 (3) (m) Any combination of conditions named by the department state
21superintendent
or enumerated in pars. (a) to (L).
AB100-ASA1, s. 2754w 22Section 2754w. 115.76 (8) of the statutes is amended to read:
AB100-ASA1,1247,2523 115.76 (8) "Reduced program" means any program which has decreased its
24educational services, facilities or staff in the manner and degree specified in written
25standards issued by the department state superintendent.
AB100-ASA1, s. 2090
1Section 2090. 115.77 (1) of the statutes is amended to read:
AB100-ASA1,1248,32 115.77 (1) Appointment of administrator. The secretary state superintendent
3shall appoint the administrator.
AB100-ASA1, s. 2091 4Section 2091. 115.77 (2) (intro.) of the statutes is amended to read:
AB100-ASA1,1248,65 115.77 (2)Duties of administrator. (intro.) Subject to the direction of the
6secretary state superintendent, the administrator:
AB100-ASA1, s. 2756d 7Section 2756d. 115.77 (3) (a) of the statutes is amended to read:
AB100-ASA1,1248,108 115.77 (3) (a) Services for children with exceptional educational needs who are
9under the jurisdiction of the department state superintendent and for the Wisconsin
10school for the deaf and the Wisconsin school for the visually handicapped.
AB100-ASA1, s. 2756h 11Section 2756h. 115.77 (3) (d) 3. of the statutes is amended to read:
AB100-ASA1,1248,1412 115.77 (3) (d) 3. Recommending to the department state superintendent
13standards for certification of personnel whom the department state superintendent
14determines to be involved in the education of children described in this paragraph.
AB100-ASA1, s. 2756p 15Section 2756p. 115.78 (intro.) of the statutes is amended to read:
AB100-ASA1,1248,19 16115.78 State exceptional educational needs plan. (intro.) The
17department state superintendent shall annually issue and make public a state plan
18for the education of children with exceptional educational needs. The state plan shall
19include:
AB100-ASA1, s. 2756t 20Section 2756t. 115.781 of the statutes is amended to read:
AB100-ASA1,1249,4 21115.781 Reports of service to handicapped children. The department
22state superintendent shall report to the governor, the joint committee on finance and
23the chief clerk of each house of the legislature, for distribution to the appropriate
24standing committees under s. 13.172 (3), the state's progress toward achieving full
25service to handicapped children under the education for all handicapped children act

1of 1975 (P.L. 94-142). The department state superintendent shall submit reports
2under this section within 45 days of the collection of data for the submission of the
3report of handicapped children receiving special education and related services, or
4its successor forms, as required under P.L. 94-142.
AB100-ASA1, s. 2092 5Section 2092. 115.79 (1) (intro.) of the statutes is amended to read:
AB100-ASA1,1249,76 115.79 (1) (intro.) The secretary state superintendent shall consult with the
7council on exceptional education concerning:
AB100-ASA1, s. 2093 8Section 2093. 115.79 (1) (d) of the statutes is amended to read:
AB100-ASA1,1249,109 115.79 (1) (d) Any other matters upon which the secretary state
10superintendent
wishes the council's opinion.
AB100-ASA1, s. 2758m 11Section 2758m. 115.80 (3) (a) of the statutes is amended to read:
AB100-ASA1,1250,312 115.80 (3) (a) The school board shall appoint a multidisciplinary team for each
13child reported to it under sub. (1) who resides in the school district and has not
14graduated from high school and for each child identified under sub. (2). A
15multidisciplinary team shall be composed of 2 or more persons who are skilled in
16assessing the exceptional educational needs that a child may have and who are
17skilled in programming for children with exceptional educational needs. The
18department state superintendent shall determine the method of appointing
19members to the team and may require that there be additional members. The
20number and specialties of additional members may depend on the exceptional
21educational needs that the particular child is believed to have. Before a child is sent
22from a state or county residential facility to a school district, the department state
23superintendent
may require that the team for the school district to which the child
24may be sent include or consult with persons appointed by the governing body of the
25residential facility. For the evaluation of a child who resides and is receiving

1education only at a state or county residential facility, the multidisciplinary team
2shall be appointed by and make recommendations under pars. (c) and (d) to the
3governing body of the residential facility in which the child resides.
AB100-ASA1, s. 2761d 4Section 2761d. 115.815 (4) (c) of the statutes is amended to read:
AB100-ASA1,1250,165 115.815 (4) (c) Whenever a school board receives a referral under par. (a) 4., the
6school board shall assign staff to determine whether the child can appropriately be
7placed in a special education program operated by the school district. If the assigned
8staff determines that the child can appropriately be placed in a special education
9program operated by the school district, the school board shall provide an education
10program for the child and is eligible for state tuition payments under s. 121.79 (1) (a).
11If the assigned staff determines that the child cannot appropriately be placed in a
12special education program operated by the school district, the school board shall keep
13a written record of the reasons for that determination. If there is a dispute regarding
14the placement of a child under this paragraph between the school board of the
15originating school district and the school board receiving the referral, the
16department state superintendent shall resolve the dispute under s. 115.85 (2m).
AB100-ASA1, s. 2761f 17Section 2761f. 115.815 (5) of the statutes is amended to read:
AB100-ASA1,1250,1918 115.815 (5) Rules. The department state superintendent shall promulgate
19rules to implement and administer this section.
AB100-ASA1, s. 2761h 20Section 2761h. 115.83 (2) of the statutes is amended to read:
AB100-ASA1,1251,221 115.83 (2) A special education program may consist of such special education
22programs for children as to allow them to attend regular education programs, one or
23more special schools or preschools, special sections within a school or preschool,
24special instruction centers, special instruction at the home or residence of the child

1or at any other location or any other special education program approved by the
2department state superintendent.
AB100-ASA1, s. 2761p 3Section 2761p. 115.83 (5) of the statutes is amended to read:
AB100-ASA1,1251,74 115.83 (5) The courses, qualifications of teachers, coordinators, social workers
5and school psychologists and plan of organizing and maintaining special education
6programs and other services shall comply with requirements established by the
7department state superintendent.
AB100-ASA1, s. 2761t 8Section 2761t. 115.85 (1) (b) of the statutes is amended to read:
AB100-ASA1,1251,129 115.85 (1) (b) A school district may provide special education for preschool
10children under the age of 3 years and instruction for their parents. Such special
11education shall be subject to the approval of and shall comply with requirements
12established by the department state superintendent.
AB100-ASA1, s. 2763m 13Section 2763m. 115.85 (2) (c) 1. of the statutes is amended to read:
AB100-ASA1,1251,1514 115.85 (2) (c) 1. Upon the approval of the department state superintendent, the
15child may be placed in a public special education program located in another state.
AB100-ASA1, s. 2094 16Section 2094. 115.85 (2) (c) 2. (intro.) of the statutes is amended to read:
AB100-ASA1,1251,2017 115.85 (2) (c) 2. (intro.) The department state superintendent shall approve a
18placement in a public special education program located in another state if the
19department
he or she determines that the program is appropriate to meet the child's
20exceptional educational needs and that:
AB100-ASA1, s. 2764m 21Section 2764m. 115.85 (2) (d) of the statutes is amended to read:
AB100-ASA1,1252,522 115.85 (2) (d) To provide a special education program which is appropriate to
23the child's needs, the school board may, upon approval of the department state
24superintendent
and if no equivalent public program is available, contract with a
25private special education service if the placement is warranted on the basis of a less

1restrictive environment alternative. Private special education services provided
2under this subchapter may not include religious or sectarian teachings or
3instruction. If the local school board utilizes the placement option under this
4paragraph, the school district of residence and not the county of residence shall pay
5tuition charges for exceptional children.
AB100-ASA1, s. 2095 6Section 2095. 115.85 (2m) of the statutes is amended to read:
AB100-ASA1,1252,147 115.85 (2m) Placement disputes. If a dispute arises between the school board
8and the department of health and family services, the department of corrections or
9a county department under s. 46.215, 46.22 or 46.23, or between school boards under
10s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub.
11(2), the department state superintendent shall resolve the dispute. This subsection
12applies only to placements in nonresidential educational programs made under s.
1348.48 (4) (17) (a) 3., 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child
14caring institutions made under s. 115.815.
AB100-ASA1, s. 2767b 15Section 2767b. 115.86 (5) (d) of the statutes is amended to read:
AB100-ASA1,1252,2416 115.86 (5) (d) Annually by October 1, the board and the school boards of the
17school districts participating in the county program shall submit a report to the
18department state superintendent that specifies the portion of each school day that
19each pupil enrolled in the county program who is also enrolled in the school district
20of the pupil's residence spent in county program classes in the previous school year
21and the portion of the school day that the pupil spent in school district classes in the
22previous school year. The department state superintendent shall develop guidelines
23for a full-time equivalency methodology. The department state superintendent is
24not required to promulgate the guidelines as rules.
AB100-ASA1, s. 2767e 25Section 2767e. 115.86 (7) (a) of the statutes is amended to read:
AB100-ASA1,1253,12
1115.86 (7) (a) The school board of any district which is included under the
2administration of a board may withdraw from participation in any part of the
3program only with the approval of the department state superintendent after
4conference with the board and a determination by the department state
5superintendent
that such withdrawal is in the interest of the program in the county
6and the school district affected. Such withdrawal shall be effective only if the school
7board has the approval of the division to establish an equivalent part of a program.
8Such withdrawal shall be effective either December 31 or June 30 provided that 12
9months' notice has been given to the board. The withdrawing school district shall
10be liable for its proportionate share of all operating costs until its withdrawal
11becomes effective, shall continue to be liable for its share of debt incurred while it was
12a participant and shall receive no share in the assets.
AB100-ASA1, s. 2767g 13Section 2767g. 115.86 (8) of the statutes is amended to read:
AB100-ASA1,1253,2214 115.86 (8) Transportation. The board may promulgate a plan for the
15transportation at county expense of children who are participating in special
16education programs under this section, special education programs operated at day
17care centers or special education programs operated by a private organization within
18whose attendance area the child resides and which is situated not more than 5 miles
19beyond the boundaries of the area the board serves, as measured along the usually
20traveled route. The plan, upon approval of the department state superintendent,
21shall govern the transportation of such children. Any such plan for transportation
22during the school term supersedes ss. 115.88 and 121.54 (3).
AB100-ASA1, s. 2767j 23Section 2767j. 115.86 (11) of the statutes is amended to read:
AB100-ASA1,1253,2524 115.86 (11) Violations. The department state superintendent shall withhold
25aid from any board that is in violation of this section.
AB100-ASA1, s. 2767L
1Section 2767L. 115.87 (8) of the statutes is amended to read:
AB100-ASA1,1254,82 115.87 (8) Upon the advance approval of the department state superintendent,
3the school board of any district may place a child in a special education program
4outside this state in accordance with s. 115.85 (2) (c) or a special education program
5operated by a private, nonsectarian special education service either within or outside
6the state in accordance with s. 115.85 (2) (d). The school district of residence shall
7pay the tuition and transportation in accordance with the procedure established for
8the payment of tuition by the school district under s. 121.78.
AB100-ASA1, s. 2767p 9Section 2767p. 115.88 (1) of the statutes is amended to read:
AB100-ASA1,1254,2110 115.88 (1) Program aid. (am) If, upon receipt of the report under s. 115.84, the
11department state superintendent is satisfied that the special education program has
12been maintained during the preceding school year in accordance with law, the
13department state superintendent shall certify to the department of administration
14in favor of each county, cooperative educational service agency and school district
15maintaining such special education program a sum equal to 63% of the amount
16expended by the county, agency and school district during the preceding year for
17salaries of personnel enumerated in s. 115.83 (1), including the salary portion of any
18authorized contract for physical or occupational therapy services, except as provided
19in par. (b), and other expenses approved by the department state superintendent.
20The department of administration shall pay such amounts to the county, agency and
21school district from the appropriation under s. 20.255 (2) (b).
AB100-ASA1,1255,222 (b) Salaries of licensed school psychologists and licensed school social workers
23shall be reimbursed at 51% without regard to whether they are employed in a
24program for handicapped children. The school district, county handicapped
25children's education board or cooperative educational service agency shall include in

1the report under s. 115.84 any information required by the department state
2superintendent
relating to use of a school psychologist or school social worker.
AB100-ASA1, s. 2767s 3Section 2767s. 115.88 (2) of the statutes is amended to read:
AB100-ASA1,1255,184 115.88 (2) Transportation aid. If upon receipt of the report under s. 115.84 the
5department state superintendent is satisfied that the transportation of children with
6exceptional educational needs has been maintained during the preceding year in
7accordance with the law, the department state superintendent shall certify to the
8department of administration in favor of each county, cooperative educational
9service agency or school district transporting such pupils 63% of the amount
10expended for such transportation. Pupils for whom aid is paid under this subsection
11shall not be eligible for aid under s. 121.58 (2) or (4). The department of
12administration shall pay such amounts to the county, agency or school district from
13the appropriations under s. 20.255 (2) (b) and (u) (br). This subsection applies to any
14child with exceptional educational needs who requires special assistance in
15transportation, including any such child attending regular classes who requires
16special or additional transportation. This subsection does not apply to any child with
17exceptional educational needs attending regular or special classes who does not
18require any special or additional transportation.
AB100-ASA1, s. 2767u 19Section 2767u. 115.88 (6) of the statutes is amended to read:
AB100-ASA1,1255,2420 115.88 (6) Aid for instruction outside of district. From the appropriation
21under s. 20.255 (2) (b) there shall be paid the full cost of salary and travel expenses,
22in amounts determined in advance by the department state superintendent, to
23school districts for providing special education outside the school district of
24employment.
AB100-ASA1, s. 2767w 25Section 2767w. 115.88 (8) of the statutes is amended to read:
AB100-ASA1,1256,10
1115.88 (8) Enrollment out of state. If a child with exceptional educational
2needs is enrolled in a public special education program under s. 115.85 (2) (c) 2. and
3the department state superintendent is satisfied that the program in which the child
4is enrolled complies with this subchapter, the department state superintendent shall
5certify to the department of administration in favor of the school district of residence
6a sum equal to the percentage of the approved costs under subs. (1) and (2) of the
7amount expended by the school district during the preceding year for the additional
8costs associated with the child's special education program. The department of
9administration shall pay the amount to the school district from the appropriation
10under s. 20.255 (2) (b).
AB100-ASA1, s. 2767x 11Section 2767x. 115.882 of the statutes is amended to read:
AB100-ASA1,1256,16 12115.882 Proration of state aid. If the sum of the appropriations under s.
1320.255 (2) (b) and (u) (br) in any one year is insufficient to pay the full amount of aid
14under ss. 115.88 and 118.255, state aid payments shall be prorated among the
15counties, school districts and cooperative educational service agencies entitled
16thereto.
AB100-ASA1, s. 2096 17Section 2096. 115.89 of the statutes is amended to read:
AB100-ASA1,1256,24 18115.89 Noncomplying school district; remedies. (1) If, after a public
19hearing in the school district or as the result of a monitoring procedure or a complaint
20investigation, the department state superintendent finds that a school board has
21violated this subchapter or the rules promulgated under this subchapter, the
22department state superintendent may make recommendations to the school board
23to remedy the violation and may require the school board to submit a remedial plan
24incorporating such recommendations.
AB100-ASA1,1257,6
1(3) If, after consultation with the school board, the department state
2superintendent
finds that the remedial plan has not incorporated the department's
3his or her recommendations, or that its implementation has been inadequate to
4ensure compliance with this subchapter and the rules promulgated under this
5subchapter, the department state superintendent shall request the attorney general
6to proceed against the school district for injunctive or other appropriate relief.
AB100-ASA1, s. 2768m 7Section 2768m. 115.92 (3) of the statutes is amended to read:
AB100-ASA1,1257,108 115.92 (3) The department state superintendent shall by rule establish criteria
9for the approval of programs established under this subchapter for the purpose of
10determining those programs eligible for aid under s. 115.93.
AB100-ASA1, s. 2097 11Section 2097. 115.93 (1) of the statutes is amended to read:
AB100-ASA1,1257,2112 115.93 (1) Except as provided under sub. (2), if upon receipt of the reports under
13s. 115.92 (2) the department state superintendent is satisfied that the school age
14parents program has been maintained during the preceding school year in
15accordance with the rules under s. 115.92 (3), the department state superintendent
16shall certify to the department of administration in favor of each school district
17maintaining the program a sum equal to 63% of the amount expended by the school
18district during the preceding school year for salaries of teachers and instructional
19aides, special transportation and other expenses approved by the department state
20superintendent
. The department of administration shall pay such amounts to the
21school district from the appropriation under s. 20.255 (2) (b).
AB100-ASA1, s. 2769c 22Section 2769c. 115.955 (3) to (7) of the statutes are amended to read:
AB100-ASA1,1257,2423 115.955 (3) "Bilingual counselor" means a certified school counselor approved
24by the department state superintendent under s. 115.28 (15) (a).
AB100-ASA1,1258,3
1(4) "Bilingual counselor's aide" means a person who is employed to assist a
2counselor and who is approved by the department state superintendent under s.
3115.28 (15) (a).
AB100-ASA1,1258,5 4(5) "Bilingual teacher" means a certified teacher approved by the department
5state superintendent under s. 115.28 (15) (a).
AB100-ASA1,1258,8 6(6) "Bilingual teacher's aide" means a person who is employed to assist a
7teacher and who is approved by the department state superintendent under s. 115.28
8(15) (a).
AB100-ASA1,1258,13 9(7) "Limited-English speaking pupil" means a pupil whose ability to use the
10English language is limited because of the use of a non-English language in his or
11her family or in his or her daily, nonschool surroundings, and who has difficulty, as
12defined by rule by the department state superintendent, in performing ordinary
13classwork in English as a result of such limited English language ability.
AB100-ASA1, s. 2769g 14Section 2769g. 115.96 (5) (b) of the statutes is amended to read:
AB100-ASA1,1259,715 115.96 (5) (b) A parent or legal custodian may appeal the school board's failure
16to place the pupil in the bilingual-bicultural education program established for the
17pupil in the pupil's language group by filing a notice of appeal with the clerk of the
18school district within 10 days after the commencement of the school term. The school
19board shall provide for a hearing on the question of placement within 20 days after
20receipt of the notice of appeal and shall take a written record of the proceedings. The
21cost of taking the record shall be the responsibility of the school board. The parent
22or legal custodian may request a public or private hearing. Within 10 days after the
23hearing, the school board shall make a decision on the question of placement. If the
24parent or legal custodian is not satisfied with the decision of the school board, the
25parent or legal custodian may, within 10 days after the school board's decision, file

1a notice of appeal with the department state superintendent. If the parent or legal
2custodian appeals, the parent or legal custodian shall assume the cost of transcribing
3the record. Within 10 days after receipt of the notice of appeal from the
4determination of the school board, the department state superintendent shall issue
5a decision based on the hearing record. If the parent or legal custodian prevails, the
6school board shall reimburse the parent or legal custodian for the cost of transcribing
7the record.
AB100-ASA1, s. 2769L 8Section 2769L. 115.97 (5) (a) (intro.) of the statutes is amended to read:
AB100-ASA1,1259,159 115.97 (5) (a) (intro.) Except as provided under par. (b), if a school board is
10required to establish a bilingual-bicultural education program under sub. (2), (3) or
11(4), but bilingual teachers for the language groups are unavailable, the program may
12be taught by certified teachers of English as a 2nd language upon receipt of approval
13of the department state superintendent. The department state superintendent may
14approve a program under this paragraph only if the school board demonstrates all
15of the following:
AB100-ASA1, s. 2769p 16Section 2769p. 115.99 of the statutes is amended to read:
AB100-ASA1,1259,20 17115.99 Preschool and summer school programs. A school board may
18establish a full-time or part-time preschool or summer bilingual-bicultural
19education program according to rules established by the department state
20superintendent
.
AB100-ASA1, s. 2769t 21Section 2769t. 115.993 of the statutes is amended to read:
AB100-ASA1,1260,4 22115.993 Report on bilingual-bicultural education. Annually, on or before
23August 15, the school board of a district operating a bilingual-bicultural education
24program under this subchapter shall report to the department state superintendent
25the number of pupils, including both limited-English speaking pupils and other

1pupils, instructed the previous school year in bilingual-bicultural education
2programs, an itemized statement on oath of all disbursements on account of the
3bilingual-bicultural education program operated during the previous school year
4and a copy of the estimated budget for that program for the current school year.
AB100-ASA1, s. 2769y 5Section 2769y. 115.995 of the statutes is amended to read:
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