Amendment ASA1-AB100

AB100-ASA1, s. 2754c Section 2754c. 115.75 (1) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1247,7 115.75 (1) (b) (intro.) No alternative school may receive state aid under this section unless the department state superintendent:

AB100-ASA1, s. 2754g Section 2754g. 115.75 (1) (b) 2. of the statutes is amended to read:

AB100-ASA1,1247,13 115.75 (1) (b) 2. Certifies that the alternative school has met the requirements of ss. 115.73 and 115.735 and has submitted a report to the department state superintendent which includes a description of all expenditures made in the prior year in connection with the program, a budget for the current year for the program and the number of pupils who have completed the fall semester in the program.

AB100-ASA1, s. 2754n Section 2754n. 115.76 (3) (intro.) of the statutes is amended to read:

AB100-ASA1,1247,18 115.76 (3) (intro.) "Child with exceptional educational needs" means a child with any of the following conditions, or such other conditions as the department state superintendent determines, who may require educational services to supplement or replace regular education:

AB100-ASA1, s. 2754r Section 2754r. 115.76 (3) (m) of the statutes is amended to read:

AB100-ASA1,1247,21 115.76 (3) (m) Any combination of conditions named by the department state superintendent or enumerated in pars. (a) to (L).

AB100-ASA1, s. 2754w Section 2754w. 115.76 (8) of the statutes is amended to read:

AB100-ASA1,1247,25 115.76 (8) "Reduced program" means any program which has decreased its educational services, facilities or staff in the manner and degree specified in written standards issued by the department state superintendent.

AB100-ASA1, s. 2090 Section 2090. 115.77 (1) of the statutes is amended to read:

AB100-ASA1,1248,3 115.77 (1) Appointment of administrator. The secretary state superintendent shall appoint the administrator.

AB100-ASA1, s. 2091 Section 2091. 115.77 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1248,6 115.77 (2) Duties of administrator. (intro.) Subject to the direction of the secretary state superintendent, the administrator:

AB100-ASA1, s. 2756d Section 2756d. 115.77 (3) (a) of the statutes is amended to read:

AB100-ASA1,1248,10 115.77 (3) (a) Services for children with exceptional educational needs who are under the jurisdiction of the department state superintendent and for the Wisconsin school for the deaf and the Wisconsin school for the visually handicapped.

AB100-ASA1, s. 2756h Section 2756h. 115.77 (3) (d) 3. of the statutes is amended to read:

AB100-ASA1,1248,14 115.77 (3) (d) 3. Recommending to the department state superintendent standards for certification of personnel whom the department state superintendent determines to be involved in the education of children described in this paragraph.

AB100-ASA1, s. 2756p Section 2756p. 115.78 (intro.) of the statutes is amended to read:

AB100-ASA1,1248,19 115.78 State exceptional educational needs plan. (intro.) The department state superintendent shall annually issue and make public a state plan for the education of children with exceptional educational needs. The state plan shall include:

AB100-ASA1, s. 2756t Section 2756t. 115.781 of the statutes is amended to read:

AB100-ASA1,1249,4 115.781 Reports of service to handicapped children. The department state superintendent shall report to the governor, the joint committee on finance and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), the state's progress toward achieving full service to handicapped children under the education for all handicapped children act of 1975 (P.L. 94-142). The department state superintendent shall submit reports under this section within 45 days of the collection of data for the submission of the report of handicapped children receiving special education and related services, or its successor forms, as required under P.L. 94-142.

AB100-ASA1, s. 2092 Section 2092. 115.79 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1249,7 115.79 (1) (intro.) The secretary state superintendent shall consult with the council on exceptional education concerning:

AB100-ASA1, s. 2093 Section 2093. 115.79 (1) (d) of the statutes is amended to read:

AB100-ASA1,1249,10 115.79 (1) (d) Any other matters upon which the secretary state superintendent wishes the council's opinion.

AB100-ASA1, s. 2758m Section 2758m. 115.80 (3) (a) of the statutes is amended to read:

AB100-ASA1,1250,3 115.80 (3) (a) The school board shall appoint a multidisciplinary team for each child reported to it under sub. (1) who resides in the school district and has not graduated from high school and for each child identified under sub. (2). A multidisciplinary team shall be composed of 2 or more persons who are skilled in assessing the exceptional educational needs that a child may have and who are skilled in programming for children with exceptional educational needs. The department state superintendent shall determine the method of appointing members to the team and may require that there be additional members. The number and specialties of additional members may depend on the exceptional educational needs that the particular child is believed to have. Before a child is sent from a state or county residential facility to a school district, the department state superintendent may require that the team for the school district to which the child may be sent include or consult with persons appointed by the governing body of the residential facility. For the evaluation of a child who resides and is receiving education only at a state or county residential facility, the multidisciplinary team shall be appointed by and make recommendations under pars. (c) and (d) to the governing body of the residential facility in which the child resides.

AB100-ASA1, s. 2761d Section 2761d. 115.815 (4) (c) of the statutes is amended to read:

AB100-ASA1,1250,16 115.815 (4) (c) Whenever a school board receives a referral under par. (a) 4., the school board shall assign staff to determine whether the child can appropriately be placed in a special education program operated by the school district. If the assigned staff determines that the child can appropriately be placed in a special education program operated by the school district, the school board shall provide an education program for the child and is eligible for state tuition payments under s. 121.79 (1) (a). If the assigned staff determines that the child cannot appropriately be placed in a special education program operated by the school district, the school board shall keep a written record of the reasons for that determination. If there is a dispute regarding the placement of a child under this paragraph between the school board of the originating school district and the school board receiving the referral, the department state superintendent shall resolve the dispute under s. 115.85 (2m).

AB100-ASA1, s. 2761f Section 2761f. 115.815 (5) of the statutes is amended to read:

AB100-ASA1,1250,19 115.815 (5) Rules. The department state superintendent shall promulgate rules to implement and administer this section.

AB100-ASA1, s. 2761h Section 2761h. 115.83 (2) of the statutes is amended to read:

AB100-ASA1,1251,2 115.83 (2) A special education program may consist of such special education programs for children as to allow them to attend regular education programs, one or more special schools or preschools, special sections within a school or preschool, special instruction centers, special instruction at the home or residence of the child or at any other location or any other special education program approved by the department state superintendent.

AB100-ASA1, s. 2761p Section 2761p. 115.83 (5) of the statutes is amended to read:

AB100-ASA1,1251,7 115.83 (5) The courses, qualifications of teachers, coordinators, social workers and school psychologists and plan of organizing and maintaining special education programs and other services shall comply with requirements established by the department state superintendent.

AB100-ASA1, s. 2761t Section 2761t. 115.85 (1) (b) of the statutes is amended to read:

AB100-ASA1,1251,12 115.85 (1) (b) A school district may provide special education for preschool children under the age of 3 years and instruction for their parents. Such special education shall be subject to the approval of and shall comply with requirements established by the department state superintendent.

AB100-ASA1, s. 2763m Section 2763m. 115.85 (2) (c) 1. of the statutes is amended to read:

AB100-ASA1,1251,15 115.85 (2) (c) 1. Upon the approval of the department state superintendent, the child may be placed in a public special education program located in another state.

AB100-ASA1, s. 2094 Section 2094. 115.85 (2) (c) 2. (intro.) of the statutes is amended to read:

AB100-ASA1,1251,20 115.85 (2) (c) 2. (intro.) The department state superintendent shall approve a placement in a public special education program located in another state if the department he or she determines that the program is appropriate to meet the child's exceptional educational needs and that:

AB100-ASA1, s. 2764m Section 2764m. 115.85 (2) (d) of the statutes is amended to read:

AB100-ASA1,1252,5 115.85 (2) (d) To provide a special education program which is appropriate to the child's needs, the school board may, upon approval of the department state superintendent and if no equivalent public program is available, contract with a private special education service if the placement is warranted on the basis of a less restrictive environment alternative. Private special education services provided under this subchapter may not include religious or sectarian teachings or instruction. If the local school board utilizes the placement option under this paragraph, the school district of residence and not the county of residence shall pay tuition charges for exceptional children.

AB100-ASA1, s. 2095 Section 2095. 115.85 (2m) of the statutes is amended to read:

AB100-ASA1,1252,14 115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and family services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the department state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.48 (4) (17) (a) 3., 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

AB100-ASA1, s. 2767b Section 2767b. 115.86 (5) (d) of the statutes is amended to read:

AB100-ASA1,1252,24 115.86 (5) (d) Annually by October 1, the board and the school boards of the school districts participating in the county program shall submit a report to the department state superintendent that specifies the portion of each school day that each pupil enrolled in the county program who is also enrolled in the school district of the pupil's residence spent in county program classes in the previous school year and the portion of the school day that the pupil spent in school district classes in the previous school year. The department state superintendent shall develop guidelines for a full-time equivalency methodology. The department state superintendent is not required to promulgate the guidelines as rules.

AB100-ASA1, s. 2767e Section 2767e. 115.86 (7) (a) of the statutes is amended to read:

AB100-ASA1,1253,12 115.86 (7) (a) The school board of any district which is included under the administration of a board may withdraw from participation in any part of the program only with the approval of the department state superintendent after conference with the board and a determination by the department state superintendent that such withdrawal is in the interest of the program in the county and the school district affected. Such withdrawal shall be effective only if the school board has the approval of the division to establish an equivalent part of a program. Such withdrawal shall be effective either December 31 or June 30 provided that 12 months' notice has been given to the board. The withdrawing school district shall be liable for its proportionate share of all operating costs until its withdrawal becomes effective, shall continue to be liable for its share of debt incurred while it was a participant and shall receive no share in the assets.

AB100-ASA1, s. 2767g Section 2767g. 115.86 (8) of the statutes is amended to read:

AB100-ASA1,1253,22 115.86 (8) Transportation. The board may promulgate a plan for the transportation at county expense of children who are participating in special education programs under this section, special education programs operated at day care centers or special education programs operated by a private organization within whose attendance area the child resides and which is situated not more than 5 miles beyond the boundaries of the area the board serves, as measured along the usually traveled route. The plan, upon approval of the department state superintendent, shall govern the transportation of such children. Any such plan for transportation during the school term supersedes ss. 115.88 and 121.54 (3).

AB100-ASA1, s. 2767j Section 2767j. 115.86 (11) of the statutes is amended to read:

AB100-ASA1,1253,25 115.86 (11) Violations. The department state superintendent shall withhold aid from any board that is in violation of this section.

AB100-ASA1, s. 2767L Section 2767L. 115.87 (8) of the statutes is amended to read:

AB100-ASA1,1254,8 115.87 (8) Upon the advance approval of the department state superintendent, the school board of any district may place a child in a special education program outside this state in accordance with s. 115.85 (2) (c) or a special education program operated by a private, nonsectarian special education service either within or outside the state in accordance with s. 115.85 (2) (d). The school district of residence shall pay the tuition and transportation in accordance with the procedure established for the payment of tuition by the school district under s. 121.78.

AB100-ASA1, s. 2767p Section 2767p. 115.88 (1) of the statutes is amended to read:

AB100-ASA1,1254,21 115.88 (1) Program aid. (am) If, upon receipt of the report under s. 115.84, the department state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the department state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency and school district maintaining such special education program a sum equal to 63% of the amount expended by the county, agency and school district during the preceding year for salaries of personnel enumerated in s. 115.83 (1), including the salary portion of any authorized contract for physical or occupational therapy services, except as provided in par. (b), and other expenses approved by the department state superintendent. The department of administration shall pay such amounts to the county, agency and school district from the appropriation under s. 20.255 (2) (b).

AB100-ASA1,1255,2 (b) Salaries of licensed school psychologists and licensed school social workers shall be reimbursed at 51% without regard to whether they are employed in a program for handicapped children. The school district, county handicapped children's education board or cooperative educational service agency shall include in the report under s. 115.84 any information required by the department state superintendent relating to use of a school psychologist or school social worker.

AB100-ASA1, s. 2767s Section 2767s. 115.88 (2) of the statutes is amended to read:

AB100-ASA1,1255,18 115.88 (2) Transportation aid. If upon receipt of the report under s. 115.84 the department state superintendent is satisfied that the transportation of children with exceptional educational needs has been maintained during the preceding year in accordance with the law, the department state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency or school district transporting such pupils 63% of the amount expended for such transportation. Pupils for whom aid is paid under this subsection shall not be eligible for aid under s. 121.58 (2) or (4). The department of administration shall pay such amounts to the county, agency or school district from the appropriations under s. 20.255 (2) (b) and (u) (br). This subsection applies to any child with exceptional educational needs who requires special assistance in transportation, including any such child attending regular classes who requires special or additional transportation. This subsection does not apply to any child with exceptional educational needs attending regular or special classes who does not require any special or additional transportation.

AB100-ASA1, s. 2767u Section 2767u. 115.88 (6) of the statutes is amended to read:

AB100-ASA1,1255,24 115.88 (6) Aid for instruction outside of district. From the appropriation under s. 20.255 (2) (b) there shall be paid the full cost of salary and travel expenses, in amounts determined in advance by the department state superintendent, to school districts for providing special education outside the school district of employment.

AB100-ASA1, s. 2767w Section 2767w. 115.88 (8) of the statutes is amended to read:

AB100-ASA1,1256,10 115.88 (8) Enrollment out of state. If a child with exceptional educational needs is enrolled in a public special education program under s. 115.85 (2) (c) 2. and the department state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the department state superintendent shall certify to the department of administration in favor of the school district of residence a sum equal to the percentage of the approved costs under subs. (1) and (2) of the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program. The department of administration shall pay the amount to the school district from the appropriation under s. 20.255 (2) (b).

AB100-ASA1, s. 2767x Section 2767x. 115.882 of the statutes is amended to read:

AB100-ASA1,1256,16 115.882 Proration of state aid. If the sum of the appropriations under s. 20.255 (2) (b) and (u) (br) in any one year is insufficient to pay the full amount of aid under ss. 115.88 and 118.255, state aid payments shall be prorated among the counties, school districts and cooperative educational service agencies entitled thereto.

AB100-ASA1, s. 2096 Section 2096. 115.89 of the statutes is amended to read:

AB100-ASA1,1256,24 115.89 Noncomplying school district; remedies. (1) If, after a public hearing in the school district or as the result of a monitoring procedure or a complaint investigation, the department state superintendent finds that a school board has violated this subchapter or the rules promulgated under this subchapter, the department state superintendent may make recommendations to the school board to remedy the violation and may require the school board to submit a remedial plan incorporating such recommendations.

AB100-ASA1,1257,6 (3) If, after consultation with the school board, the department state superintendent finds that the remedial plan has not incorporated the department's his or her recommendations, or that its implementation has been inadequate to ensure compliance with this subchapter and the rules promulgated under this subchapter, the department state superintendent shall request the attorney general to proceed against the school district for injunctive or other appropriate relief.

AB100-ASA1, s. 2768m Section 2768m. 115.92 (3) of the statutes is amended to read:

AB100-ASA1,1257,10 115.92 (3) The department state superintendent shall by rule establish criteria for the approval of programs established under this subchapter for the purpose of determining those programs eligible for aid under s. 115.93.

AB100-ASA1, s. 2097 Section 2097. 115.93 (1) of the statutes is amended to read:

AB100-ASA1,1257,21 115.93 (1) Except as provided under sub. (2), if upon receipt of the reports under s. 115.92 (2) the department state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the department state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to 63% of the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the department state superintendent. The department of administration shall pay such amounts to the school district from the appropriation under s. 20.255 (2) (b).

AB100-ASA1, s. 2769c Section 2769c. 115.955 (3) to (7) of the statutes are amended to read:

AB100-ASA1,1257,24 115.955 (3) "Bilingual counselor" means a certified school counselor approved by the department state superintendent under s. 115.28 (15) (a).

AB100-ASA1,1258,3 (4) "Bilingual counselor's aide" means a person who is employed to assist a counselor and who is approved by the department state superintendent under s. 115.28 (15) (a).

AB100-ASA1,1258,5 (5) "Bilingual teacher" means a certified teacher approved by the department state superintendent under s. 115.28 (15) (a).

AB100-ASA1,1258,8 (6) "Bilingual teacher's aide" means a person who is employed to assist a teacher and who is approved by the department state superintendent under s. 115.28 (15) (a).

AB100-ASA1,1258,13 (7) "Limited-English speaking pupil" means a pupil whose ability to use the English language is limited because of the use of a non-English language in his or her family or in his or her daily, nonschool surroundings, and who has difficulty, as defined by rule by the department state superintendent, in performing ordinary classwork in English as a result of such limited English language ability.

AB100-ASA1, s. 2769g Section 2769g. 115.96 (5) (b) of the statutes is amended to read:

AB100-ASA1,1259,7 115.96 (5) (b) A parent or legal custodian may appeal the school board's failure to place the pupil in the bilingual-bicultural education program established for the pupil in the pupil's language group by filing a notice of appeal with the clerk of the school district within 10 days after the commencement of the school term. The school board shall provide for a hearing on the question of placement within 20 days after receipt of the notice of appeal and shall take a written record of the proceedings. The cost of taking the record shall be the responsibility of the school board. The parent or legal custodian may request a public or private hearing. Within 10 days after the hearing, the school board shall make a decision on the question of placement. If the parent or legal custodian is not satisfied with the decision of the school board, the parent or legal custodian may, within 10 days after the school board's decision, file a notice of appeal with the department state superintendent. If the parent or legal custodian appeals, the parent or legal custodian shall assume the cost of transcribing the record. Within 10 days after receipt of the notice of appeal from the determination of the school board, the department state superintendent shall issue a decision based on the hearing record. If the parent or legal custodian prevails, the school board shall reimburse the parent or legal custodian for the cost of transcribing the record.

AB100-ASA1, s. 2769L Section 2769L. 115.97 (5) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1259,15 115.97 (5) (a) (intro.) Except as provided under par. (b), if a school board is required to establish a bilingual-bicultural education program under sub. (2), (3) or (4), but bilingual teachers for the language groups are unavailable, the program may be taught by certified teachers of English as a 2nd language upon receipt of approval of the department state superintendent. The department state superintendent may approve a program under this paragraph only if the school board demonstrates all of the following:

AB100-ASA1, s. 2769p Section 2769p. 115.99 of the statutes is amended to read:

AB100-ASA1,1259,20 115.99 Preschool and summer school programs. A school board may establish a full-time or part-time preschool or summer bilingual-bicultural education program according to rules established by the department state superintendent.

AB100-ASA1, s. 2769t Section 2769t. 115.993 of the statutes is amended to read:

AB100-ASA1,1260,4 115.993 Report on bilingual-bicultural education. Annually, on or before August 15, the school board of a district operating a bilingual-bicultural education program under this subchapter shall report to the department state superintendent the number of pupils, including both limited-English speaking pupils and other pupils, instructed the previous school year in bilingual-bicultural education programs, an itemized statement on oath of all disbursements on account of the bilingual-bicultural education program operated during the previous school year and a copy of the estimated budget for that program for the current school year.

AB100-ASA1, s. 2769y Section 2769y. 115.995 of the statutes is amended to read: