Amendment ASA1-AB100

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:

AB100-ASA1,1268,20 118.13 (3) (b) (intro.) The department state superintendent may:

AB100-ASA1, s. 2108 Section 2108. 118.145 (1) of the statutes is amended to read:

AB100-ASA1,1268,24 118.145 (1) The school board of a district operating high school grades shall determine, with the advice and consent of the department state superintendent, the minimum standards for admission to high school.

AB100-ASA1, s. 2787e Section 2787e. 118.15 (1) (cm) 5. of the statutes is amended to read:

AB100-ASA1,1269,5 118.15 (1) (cm) 5. The department state superintendent shall grant a high school equivalency diploma to a child under this paragraph who completes the general educational development test with a passing score, as determined by the department state superintendent, and completes the additional requirements determined by the department state superintendent under s. 115.29 (4).

AB100-ASA1, s. 2787m Section 2787m. 118.15 (2) (a) 3. of the statutes is amended to read:

AB100-ASA1,1269,10 118.15 (2) (a) 3. Multiply the quotient under subd. 1. by any additional costs associated with direct student support services, as determined jointly by the department state superintendent and the state director of the technical college system.

AB100-ASA1, s. 2109 Section 2109. 118.15 (2) (c) of the statutes is amended to read:

AB100-ASA1,1269,16 118.15 (2) (c) Pupils attending a technical college under this subsection may receive general education subjects at the technical college and shall be counted as pupils enrolled in the high school for all purposes including computing state aid for the school district. Payments by the school district under par. (a) shall be deemed costs of operation and maintenance.

AB100-ASA1, s. 2788b Section 2788b. 118.153 (2) (b) of the statutes is amended to read:

AB100-ASA1,1269,21 118.153 (2) (b) 1. If in the previous school year a school district had 50 or more dropouts and a dropout rate exceeding 5% of its total high school enrollment, the school board shall apply to the department state superintendent for aid under this section.

AB100-ASA1,1269,24 2. If in the previous school year a school district had 40 or more dropouts, the school board may apply to the department state superintendent for aid under this section.

AB100-ASA1, s. 2788c Section 2788c. 118.153 (3m) of the statutes is created to read:

AB100-ASA1,1270,10 118.153 (3m) (a) After reviewing the recommendations of the governor's council on workforce excellence under s. 106.115 (2) (em), the state superintendent may approve an innovative school-to-work program provided by a nonprofit organization for children at risk in a county having a population of 500,000 or more to assist those children at risk in acquiring employability skills and occupational-specific competencies before leaving high school. If the state superintendent approves a program under this paragraph, the state superintendent may award a grant, from the appropriation under s. 20.255 (3) (ef), to the nonprofit organization providing the program and the nonprofit organization shall use the funds received under the grant to provide the program.

AB100-ASA1,1270,13 (b) The state superintendent shall establish requirements for the operation of the grant program under this subsection. Those requirements need not be promulgated as rules.

AB100-ASA1, s. 2788d Section 2788d. 118.153 (4) (a) and (b) of the statutes are amended to read:

AB100-ASA1,1270,20 118.153 (4) (a) Beginning in August 1994, and annually thereafter, a school board that applied for aid under this section in the previous school year shall submit a report to the department state superintendent. The report shall include only information about the pupils enrolled in a program for children at risk in the previous school year that is necessary for the department state superintendent to determine the number of pupils who achieved each of the objectives under par. (c).

AB100-ASA1,1271,2 (b) Upon receipt of a school board's annual report under par. (a) the department state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. 20.255 (2) (ac) in the previous school year.

AB100-ASA1, s. 2788h Section 2788h. 118.153 (7) of the statutes is amended to read:

AB100-ASA1,1271,7 118.153 (7) The department state superintendent shall promulgate rules to implement and administer this section. The rules shall not be overly restrictive in defining approved programs and shall not serve to exclude programs that have demonstrated success in meeting the needs of children at risk.

AB100-ASA1, s. 2788p Section 2788p. 118.155 (1) of the statutes is amended to read:

AB100-ASA1,1271,18 118.155 (1) Any school board shall, without approval of the department state superintendent, permit pupils with written permission of a parent or guardian to be absent from school at least 60 minutes but not more than 180 minutes per week to obtain religious instruction outside the school during the required school period. The supervisor of such religious instruction shall report monthly, to the principal of the school regularly attended, the names of the pupils who attended such weekly religious instruction. The school board may deny the privilege of released time to pupils who absent themselves from such religious instruction after requesting the privilege. The time period, or periods, allotted for the pupil to be absent from school for the purpose of religious instruction shall be determined by the school board.

AB100-ASA1, s. 2788t Section 2788t. 118.16 (2) (b) of the statutes is amended to read:

AB100-ASA1,1271,23 118.16 (2) (b) Annually, on or before August 1, shall determine how many pupils enrolled in the school district were absent in the previous year and whether the absences were excused under s. 118.15 and shall notify the department state superintendent of the determination.

AB100-ASA1, s. 2110 Section 2110. 118.165 (2) of the statutes is amended to read:

AB100-ASA1,1272,4 118.165 (2) An institution may request the department state superintendent to approve the institution's educational program as a private school. The department state superintendent shall base its his or her approval solely on the criteria under sub. (1).

AB100-ASA1, s. 2111 Section 2111. 118.167 of the statutes is amended to read:

AB100-ASA1,1272,15 118.167 (title) Private school determination by department state superintendent. If an association that regulates or accredits private educational institutions in this state submits an affidavit to the department state superintendent attesting that the institution meets or exceeds all of the criteria under s. 118.165 and the department state superintendent finds that the institution does meet or exceed all of the criteria under s. 118.165, the department state superintendent shall determine that the institution is a private school. If at any time the department state superintendent finds that an institution determined to be a private school under this section no longer meets the criteria under s. 118.165, the department state superintendent may withdraw the determination.

AB100-ASA1, s. 2790m Section 2790m. 118.18 of the statutes is amended to read:

AB100-ASA1,1272,20 118.18 Teacher reports. Every teacher shall record the names, ages and studies of all pupils under his or her charge and their daily attendance and such other facts or matters relating to the school as the department state superintendent or school board requires.

AB100-ASA1, s. 2792b Section 2792b. 118.19 (3), (4) and (4m) of the statutes are amended to read:

AB100-ASA1,1273,15 118.19 (3) (a) No license to teach in any public school may be issued unless the applicant possesses a bachelor's degree including such professional training as the department by rule requires, except as permitted under par. (b) and ss. 115.28 (17) (a) and 118.192. Notwithstanding s. 36.11 (16), beginning August 31, 1990, no teacher preparatory program in this state may be approved by the department state superintendent under s. 115.28 (7) (a), unless each student in the program is required to complete student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school. Beginning August 31, 1990, no license to teach in any public school may be granted to an applicant who completed a professional training program outside this state unless the applicant completed student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the department state superintendent. The department state superintendent may grant exceptions to the student teaching requirements under this paragraph when the midyear calendars of the institution offering the teacher preparatory program and the cooperating school differ from each other and would prevent students from attending classes at the institution in accordance with the institution's calendar. The department state superintendent shall promulgate rules to implement this subsection.

AB100-ASA1,1273,23 (b) The department state superintendent shall permanently certify any applicant to teach Wisconsin native American languages and culture who has successfully completed the university of Wisconsin-Milwaukee school of education approved Wisconsin native American languages and culture project certification program at any time between January 1, 1974, and December 31, 1977. School districts shall not assign individuals certified under this paragraph to teach courses other than Wisconsin native American languages and culture, unless they qualify under par. (a).

AB100-ASA1,1274,5 (4) (a) Notwithstanding subch. II of ch. 111, the department state superintendent may not grant a license to any person who has been convicted of any Class A, B, C or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, for 6 years following the date of the conviction, and may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.

AB100-ASA1,1274,9 (b) Notwithstanding par. (a), the department state superintendent shall grant a license to a person convicted of a crime described under par. (a), prior to the expiration of the 6-year period following the conviction, if the conviction is reversed, set aside or vacated.

AB100-ASA1,1274,16 (4m) Beginning July 1, 1995, the department state superintendent may not issue or renew a license to teach the visually impaired unless the applicant demonstrates, based on criteria established by the department state superintendent by rule, that he or she is proficient in reading and writing braille and in teaching braille. In promulgating rules under this subsection, the department state superintendent shall take into consideration the standard used by the librarian of congress for certifying braille transcribers.

AB100-ASA1, s. 2792d Section 2792d. 118.19 (8) of the statutes is amended to read:

AB100-ASA1,1274,22 118.19 (8) Beginning July 1, 1992, the department state superintendent may not grant to any person a license to teach unless the person has received instruction in the study of minority group relations, including instruction in the history, culture and tribal sovereignty of the federally recognized American Indian tribes and bands located in this state.

AB100-ASA1, s. 2792e Section 2792e. 118.19 (9) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1275,2 118.19 (9) (a) (intro.) Except as provided in par. (b), beginning on July 1, 1996, the department state superintendent may not issue an initial teaching license, school district administrator's license or school administrator's license unless the applicant has demonstrated competency in all of the following:

AB100-ASA1, s. 2792h Section 2792h. 118.19 (9) (b) of the statutes is amended to read:

AB100-ASA1,1275,6 118.19 (9) (b) The department state superintendent may waive the requirements under par. (a) if the applicant demonstrates competency in the subjects under par. (a) 1. to 3. within 12 months after the date on which the license is issued.

AB100-ASA1, s. 2792L Section 2792L. 118.19 (10) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1275,9 118.19 (10) (b) (intro.) With the assistance of the department of justice, the department state superintendent shall do all of the following:

AB100-ASA1, s. 2792p Section 2792p. 118.19 (10) (b) 2. of the statutes is amended to read:

AB100-ASA1,1275,13 118.19 (10) (b) 2. Over a 5-year period, conduct a background investigation of each person who holds a license, issued by the department state superintendent, that has no expiration date and who is employed by an educational agency.

AB100-ASA1, s. 2792r Section 2792r. 118.19 (10) (c) of the statutes is amended to read:

AB100-ASA1,1275,22 118.19 (10) (c) If the person under par. (b) is a nonresident, or if the department state superintendent determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the department state superintendent shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB100-ASA1, s. 2792u Section 2792u. 118.19 (10) (d) (intro.) of the statutes is amended to read:

AB100-ASA1,1276,2 118.19 (10) (d) (intro.) Upon request, an educational agency shall provide the department state superintendent with all of the following information about each person employed by the educational agency who holds a license, issued by the department state superintendent, that has no expiration date:

AB100-ASA1, s. 2792y Section 2792y. 118.19 (10) (e) of the statutes is amended to read:

AB100-ASA1,1276,6 118.19 (10) (e) The department state superintendent may issue or renew a license or permit conditioned upon the receipt of a satisfactory background investigation.

AB100-ASA1, s. 2112 Section 2112. 118.19 (10) (f) of the statutes is amended to read:

AB100-ASA1,1276,11 118.19 (10) (f) The department state superintendent shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.

AB100-ASA1, s. 2794m Section 2794m. 118.192 (1) to (3) of the statutes are amended to read:

AB100-ASA1,1276,16 118.192 (1) The department state superintendent shall establish an alternative teacher training program for mathematics and science teachers. The program shall be conducted during the summer and shall consist of approximately 100 hours of formal instruction.

AB100-ASA1,1276,24 (2) An individual who holds a bachelor's degree in engineering, mathematics, biology, chemistry or physics, has at least 5 years of experience as an engineer, mathematician or science professional and passes the appropriate subject area portion of the national teacher's examination administered by the educational testing service, inc., in mathematics or science may apply to the department state superintendent for enrollment in the alternative teacher training program. The department state superintendent shall charge a fee sufficient to cover the costs of the program.

AB100-ASA1,1277,6 (3) The department state superintendent shall grant a professional teaching permit to any person who satisfactorily completes the program under sub. (2). The permit authorizes the person to teach mathematics or science, as specified by the department state superintendent, in grades kindergarten to 12 for 2 years, if the person is supervised by a person who holds a regular teaching license. The permit is renewable.

AB100-ASA1, s. 2113 Section 2113. 118.192 (5) of the statutes is repealed.

AB100-ASA1, s. 2795m Section 2795m. 118.195 of the statutes is amended to read:

AB100-ASA1,1277,14 118.195 Discrimination against handicapped teachers prohibited. (1) No person otherwise qualified may be denied a certificate or license from the department state superintendent under s. 118.19 (1) because the person is totally or partially blind, deaf or physically handicapped nor may any school district refuse to employ a teacher on such grounds, if such handicapped teacher is able to carry out the duties of the position which the person seeks.

AB100-ASA1,1277,16 (2) Any school board may request the department state superintendent for advice and assistance in interpreting this section.

AB100-ASA1, s. 2114 Section 2114. 118.20 (2) of the statutes is amended to read:

AB100-ASA1,1277,23 118.20 (2) The department state superintendent or a person designated by the state superintendent may receive and investigate complaints charging discrimination in employment, assignment or reassignment of teachers or administrative personnel in the public schools and the department state superintendent or designee may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.

AB100-ASA1, s. 2115 Section 2115. 118.20 (3) of the statutes is amended to read:

AB100-ASA1,1278,12 118.20 (3) If the department state superintendent finds probable cause to believe that any discrimination prohibited by this section has been or is being practiced, the department state superintendent shall immediately endeavor to eliminate the practice by conference, conciliation or persuasion. In case of failure to eliminate the discrimination, the department state superintendent shall issue and serve a written notice of hearing, specifying the nature of the discrimination which appears to have been committed, and requiring the public school official, employe, teacher agency or placement bureau named, hereinafter called the "respondent" to answer the complaint at a hearing before the department state superintendent. The notice shall specify a time of hearing not less than 10 days after service of the complaint, and a place of hearing within the county in which the discrimination is alleged to have occurred.

AB100-ASA1, s. 2116 Section 2116. 118.20 (4) of the statutes is amended to read:

AB100-ASA1,1278,25 118.20 (4) After hearing, if the department state superintendent finds that the respondent has engaged in discrimination prohibited by this section the department state superintendent shall make written findings and recommend such action by the respondent as shall satisfy the purposes of this section and shall serve a certified copy of the findings and recommendations on the respondent together with an order requiring the respondent to comply with the recommendations. Any person aggrieved by noncompliance with the order shall be entitled to have the order enforced specifically by suit in equity. If the department state superintendent finds that the respondent has not engaged in the alleged discrimination, the department state superintendent shall serve a certified copy of the department's state superintendent's findings on the complainant together with an order dismissing the complaint.

AB100-ASA1, s. 2117 Section 2117. 118.20 (5) of the statutes is amended to read:

AB100-ASA1,1279,10 118.20 (5) If any public school official, employe, teachers agency or placement bureau violates sub. (1) or fails or refuses to obey any lawful order made by the department state superintendent pursuant to this section, such person shall forfeit and pay into the state treasury not less than $25 nor more than $50, or be imprisoned not less than 5 nor more than 30 days. Such violation or failure or refusal to obey an order shall be grounds for the removal of any school district administrator, member of a school board or other public school official. Findings and orders of the department state superintendent under this section shall be subject to judicial review under ch. 227.

AB100-ASA1, s. 2118 Section 2118. 118.20 (6) of the statutes is amended to read:

AB100-ASA1,1279,16 118.20 (6) Upon request of the department state superintendent, the attorney general or district attorney of the county in which any investigation, hearing or trial under this section is pending, shall aid and prosecute under supervision of the department state superintendent, all necessary actions or proceedings for the enforcement of this section and for the punishment of all violations thereof.

AB100-ASA1, s. 2119 Section 2119. 118.20 (7) of the statutes is amended to read:

AB100-ASA1,1279,20 118.20 (7) In administering this section the department state superintendent shall have authority to make, amend and rescind rules necessary to carry out the purposes of this section.

AB100-ASA1, s. 2801g Section 2801g. 118.22 (1) (b) of the statutes is amended to read:

AB100-ASA1,1280,2 118.22 (1) (b) "Teacher" means any person who holds a teacher's certificate or license issued by the department state superintendent or a classification status under the technical college system board and whose legal employment requires such certificate, license or classification status, but does not include part-time teachers or teachers employed by any board of school directors in a city of the 1st class.

AB100-ASA1, s. 2801r Section 2801r. 118.25 (6) of the statutes is amended to read:

AB100-ASA1,1280,6 118.25 (6) As a condition of employment, employes of the department state superintendent whose work brings them into contact with school children or with school employes shall have physical examinations under sub. (2).

AB100-ASA1, s. 2120 Section 2120. 118.255 (3) of the statutes is repealed and recreated to read:

AB100-ASA1,1280,11 118.255 (3) The school board, cooperative educational service agency or county handicapped children's education board maintaining health treatment services shall report annually to the department, and at such other times as the department directs, such information as the department requires.

AB100-ASA1, s. 2121 Section 2121. 118.255 (4) of the statutes is amended to read:

AB100-ASA1,1280,24 118.255 (4) If the department state superintendent is satisfied that the health treatment services 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 school board, cooperative educational service agency and county handicapped children's education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in s. 115.88 (1) by the school board, cooperative educational service agency and county handicapped children's education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county handicapped children's education board.

AB100-ASA1, s. 2803m Section 2803m. 118.258 (2) (b) of the statutes is amended to read:

AB100-ASA1,1281,3 118.258 (2) (b) The school board shall submit a copy of the rules under sub. (1) to the department state superintendent when the rule is first adopted and whenever the rule is amended.

AB100-ASA1, s. 2122 Section 2122. 118.26 of the statutes is amended to read:

AB100-ASA1,1281,8 118.26 Claim against school district. No action may be brought or maintained against a school district upon a claim or cause of action unless the claimant complies with s. 893.80. This section does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100-ASA1, s. 2123 Section 2123. 118.30 (1) of the statutes is renumbered 118.30 (1) (a) and amended to read: