Amendment ASA1-AB100

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:

AB100-ASA1,1260,17 115.995 State aids. Upon receipt of the report under s. 115.993, if the department state superintendent is satisfied that the bilingual-bicultural education program for the previous school year was maintained in accordance with this subchapter, the department state superintendent shall certify to the department of administration in favor of the school district a sum equal to a percentage of the amount expended on limited-English speaking pupils by the school district during the preceding year for salaries of personnel participating in and attributable to bilingual-bicultural education programs under this subchapter, special books and equipment used in the bilingual-bicultural programs and other expenses approved by the department state superintendent. The percentage shall be determined by dividing the amount in the appropriation under s. 20.255 (2) (cc) in the current school year by the total amount of aidable costs in the previous school year.

AB100-ASA1, s. 2098 Section 2098. 115.996 of the statutes is amended to read:

AB100-ASA1,1261,5 115.996 Report to the legislature. Annually, on or before December 31, the department state superintendent shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the status of bilingual-bicultural education programs established under this subchapter. The report shall include the number of pupils served in bilingual-bicultural education programs for each language group in each school district in which such programs are offered and the cost of the program per pupil for each school district, language group and program type. The department shall also provide the number of pupils in each school district and language group who as a result of participation in a bilingual-bicultural education program improved their English language ability to such an extent that the program is no longer necessary for such pupils.

AB100-ASA1, s. 2770m Section 2770m. 116.01 of the statutes is amended to read:

AB100-ASA1,1261,16 116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for a service unit between the school district and the department state superintendent. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts and between school districts and the state. Cooperative educational service agencies may provide leadership, coordination and education services to school districts, University of Wisconsin System institutions and centers and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public and private schools, agencies and organizations that provide services to pupils.

AB100-ASA1, s. 2099 Section 2099. 116.02 (1) (c) of the statutes is amended to read:

AB100-ASA1,1261,23 116.02 (1) (c) The department state superintendent shall cause to convene annually on the day that the board of control holds its annual organizational meeting under par. (a) a convention composed of the representative from each school board in the agency. There shall be no more than one representative from each union high school district. The convention may direct the board of control to determine a different date for the annual organizational meeting.

AB100-ASA1, s. 2100 Section 2100. 116.03 (10) of the statutes is repealed and recreated to read:

AB100-ASA1,1262,5 116.03 (10) Authorize the expenditure of money for the purposes set forth in this chapter and for the actual and necessary expenses of the board of control and agency administrator and for the acquisition of equipment, space and personnel. All accounts of the agency shall be paid by check, share draft or other draft signed by the chairperson and secretary to the board of control.

AB100-ASA1, s. 2101 Section 2101. 116.03 (11) of the statutes is amended to read:

AB100-ASA1,1262,11 116.03 (11) Establish the salaries of the agency administrator and other professional and nonprofessional employes. State reimbursement for the cost of the salary of the agency administrator shall be equal to the actual salary paid or the maximum of the salary range for public instruction supervisors in the department under the state superintendent, whichever is less.

AB100-ASA1, s. 2774m Section 2774m. 116.03 (12m) of the statutes is repealed and recreated to read:

AB100-ASA1,1262,15 116.03 (12m) Every 3rd year as scheduled by the state superintendent, provide to the school board of each school district in the agency an accountability plan that addresses both the efficiency and effectiveness of all agency programs and services.

AB100-ASA1, s. 2775m Section 2775m. 116.03 (13) of the statutes is amended to read:

AB100-ASA1,1262,19 116.03 (13) Every 3rd year, as scheduled by the department state superintendent, submit to the department state superintendent for its his or her approval an evaluation of agency programs and services.

AB100-ASA1, s. 2775n Section 2775n. 116.06 (1) of the statutes is amended to read:

AB100-ASA1,1263,4 116.06 (1) Upon the petition of a school board of a district operating high school grades, the department state superintendent, after investigation of the proposal, may transfer by order the entire school district from one agency to another, effective the next succeeding July 1. Any school district so transferred shall pay its agreed share of all expenses incurred by the agency in its behalf, but shall not be required to fulfill any commitments in the agency from which transferred extending beyond the effective date of transfer. A transfer of the territory of a union high school district shall include and effect a transfer of that territory of underlying elementary school districts which lie within the boundaries of the union high school district.

AB100-ASA1, s. 2775p Section 2775p. 116.065 (1) of the statutes is amended to read:

AB100-ASA1,1263,9 116.065 (1) The school board of a school district in cooperative educational service agency no. 1, as designated on April 1, 1985, may adopt a resolution to withdraw from the agency. The school board shall immediately notify the board of control and the department state superintendent of its intention.

AB100-ASA1, s. 2775s Section 2775s. 116.08 (1) of the statutes is amended to read:

AB100-ASA1,1263,19 116.08 (1) An amount not to exceed $25,000 annually shall be paid to each agency for the maintenance and operation of the office of the board of control and agency administrator and to match any federal funds received by the agency for vocational education administration. No state aid may be paid unless the agency submits by August 1 an annual report which includes a detailed certified statement of its expenses for the prior year to the department state superintendent, and such statement reveals that the state aid was expended as provided by this section. In no case may the state aid exceed the actual expenditures for the prior year as certified in such statement.

AB100-ASA1, s. 2775t Section 2775t. 116.10 of the statutes is created to read:

AB100-ASA1,1263,22 116.10 Lease of equipment. The board of control may lease equipment for the purpose of assisting pupils with a visual handicap to read.

AB100-ASA1, s. 2102 Section 2102. 117.03 (2) of the statutes is amended to read:

AB100-ASA1,1263,25 117.03 (2) "Appeal panel" means a panel appointed by the secretary state superintendent under s. 117.05 (1).

AB100-ASA1, s. 2103 Section 2103. 117.05 (1) of the statutes is amended to read:

AB100-ASA1,1264,6 117.05 (1) Appeal panels. The secretary state superintendent shall appoint 3 members of the board to hear appeals filed under ss. 117.12 (4) and 117.13 (3). No 2 members of the appeal panel may be board members from any of the following kinds of school districts: those with small enrollments, those with medium enrollments or those with large enrollments.

AB100-ASA1, s. 2104 Section 2104. 117.05 (1m) of the statutes is amended to read:

AB100-ASA1,1264,11 117.05 (1m) Board and appeal panel meetings. The secretary state superintendent shall set the time and place for meetings of the board under ss. 117.10, 117.12 (5) and 117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.

AB100-ASA1, s. 2105 Section 2105. 117.05 (2) (a) of the statutes is amended to read:

AB100-ASA1,1264,20 117.05 (2) (a) Board. The secretary state superintendent shall appoint 7 members of the board to perform any review under ss. 117.10, 117.12 (5) and 117.132. The 7 members shall include the secretary state superintendent or his or her designee on the board, 2 board members from school districts with small enrollments, 2 board members from school districts with medium enrollments and 2 board members from school districts with large enrollments. Any action of the board under this chapter requires the affirmative vote of at least 4 of the 7 members appointed under this paragraph.

AB100-ASA1, s. 2779m Section 2779m. 117.05 (9) (a) (intro.), (b) and (c) of the statutes are amended to read:

AB100-ASA1,1264,25 117.05 (9) (a) (intro.) The department state superintendent may charge the following persons a fee sufficient to reimburse the department for the costs of the board under ss. 117.10 and 117.132:

AB100-ASA1,1265,4 (b) The clerk of the school district ordering the dissolution or requesting review shall pay the fee under par. (a) 3. or 4. to the department state superintendent. The secretary of the board shall forward the fee collected under par. (a) 5. to the department state superintendent.

AB100-ASA1,1265,11 (c) The department state superintendent may charge a person filing a notice of appeal under s. 117.12 (4) or 117.13 (3) a fee sufficient to reimburse the department for the costs of the appeal panel under s. 117.12 (4) or 117.13 (3). The secretary of the board shall collect the fee and forward it to the department state superintendent. The department state superintendent may not charge any person who files a notice of appeal under s. 117.12 (4) and is charged the fee under this paragraph any additional fee for review by the board under s. 117.12 (5).

AB100-ASA1, s. 2106 Section 2106. 117.05 (10) of the statutes is amended to read:

AB100-ASA1,1265,17 117.05 (10) (title) Secretary State superintendent to advise. The secretary state superintendent shall advise and consult with school boards regarding school district organization and reorganization. If, in the secretary's state superintendent's opinion, one or more school districts should be altered, consolidated or dissolved, he or she may make recommendations to the school boards.

AB100-ASA1, s. 2780g Section 2780g. 117.25 (1m) (a) of the statutes is amended to read:

AB100-ASA1,1266,2 117.25 (1m) (a) A written agreement between the school boards of 2 or more school districts that are considering consolidating under s. 117.08 or 117.09 to continue operating a program or facility at a specific location for a specified period after consolidation, not to exceed 5 years, shall be binding upon the joint interim school board of the new school district under s. 117.22 and any subsequently elected school board of the new school district. The school district clerk of the school district with the largest equalized valuation shall file a copy of the agreement with the department state superintendent.

AB100-ASA1, s. 2780r Section 2780r. 117.30 (1) of the statutes is amended to read:

AB100-ASA1,1266,19 117.30 (1) If a school district for 2 or more successive years has failed to operate a school as required by law, the board shall attach the territory of the school district to one or more school districts that do operate schools. Within 60 days of the date on which a school district becomes subject to this section, the department state superintendent shall so notify the school district clerk and the clerk of each municipality in which part of the school district lies. Prior to August 30 of the year in which the school district becomes subject to this section, the board shall issue an order of school district reorganization attaching the school district to one or more operating school districts. Orders issued under this section take effect upon being filed as provided in s. 117.17 (2). The school board of each district to which any territory is attached under this section shall levy and collect a special tax against the property in the territory so attached for such amount as is payable for tuition and transportation, at the time of the attachment, by the school district in which the attached territory was located prior thereto, in the proportion that the equalized valuation of the attached territory bears to the total equalized valuation of the school district in which such territory was located prior to such attachment.

AB100-ASA1, s. 2107 Section 2107. 118.01 (1) of the statutes is amended to read:

AB100-ASA1,1267,6 118.01 (1) Purpose. Public education is a fundamental responsibility of the state. The constitution vests in the state superintendent the supervision of public instruction and directs the legislature to provide for the establishment of district schools. The effective operation of the public schools is dependent upon a common understanding of what public schools should be and do. Establishing such goals and expectations is a necessary and proper complement to the state's financial contribution to education. Each school board should provide curriculum, course requirements and instruction consistent with the goals and expectations established under sub. (2). Parents and guardians of pupils enrolled in the school district share with the state and school board the responsibility for pupils meeting the goals and expectations under sub. (2).

AB100-ASA1, s. 2782g Section 2782g. 118.015 (2) of the statutes is amended to read:

AB100-ASA1,1267,13 118.015 (2) Employment of reading specialists. Each school district shall employ a reading specialist certified by the department to develop and coordinate a comprehensive reading curriculum in grades kindergarten to 12. At the discretion of the department state superintendent, a school district may contract with other school districts or cooperative educational service agencies to employ a certified reading specialist on a cooperative basis.

AB100-ASA1, s. 2782r Section 2782r. 118.125 (1) (cm) and (d) of the statutes are amended to read:

AB100-ASA1,1267,22 118.125 (1) (cm) "Pupil physical health records" means those pupil records that include basic health information about a pupil, including the pupil's immunization records, an emergency medical card, a log of first aid and medicine administered to the pupil, an athletic permit card, a record concerning the pupil's ability to participate in an education program, any lead screening records required under s. 254.162, the results of any routine screening test, such as for hearing, vision or scoliosis, and any follow-up to such test, and any other basic health information, as determined by the department state superintendent.

AB100-ASA1,1268,3 (d) "Pupil records" means all records relating to individual pupils maintained by a school but does not include notes or records maintained for personal use by a teacher or other person who is required by the department state superintendent under s. 115.28 (7) to hold a certificate, license or permit if such records and notes are not available to others, nor does it include records necessary for, and available only to persons involved in, the psychological treatment of a pupil.

AB100-ASA1, s. 2785d Section 2785d. 118.13 (2) of the statutes is amended to read:

AB100-ASA1,1268,10 118.13 (2) (a) Each school board shall develop written policies and procedures to implement this section and submit them to the department state superintendent as a part of its 1986 annual report under s. 120.18. The policies and procedures shall provide for receiving and investigating complaints by residents of the school district regarding possible violations of this section, for making determinations as to whether this section has been violated and for ensuring compliance with this section.

AB100-ASA1,1268,12 (b) Any person who receives a negative determination under par. (a) may appeal the determination to the department state superintendent.

AB100-ASA1, s. 2785h Section 2785h. 118.13 (3) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1268,14 118.13 (3) (a) (intro.) The department state superintendent shall:

AB100-ASA1, s. 2785p Section 2785p. 118.13 (3) (a) 1. of the statutes is amended to read:

AB100-ASA1,1268,18 118.13 (3) (a) 1. Decide appeals made to him or her under sub. (2) (b). Decisions of the department state superintendent under this subdivision are subject to judicial review under ch. 227.

AB100-ASA1, s. 2785t Section 2785t. 118.13 (3) (b) (intro.) of the statutes is amended to read: