Amendment ASA1-AB100

AB100-ASA1,1302,11 119.28 (5) Any action under subs. (3) and (4) shall be subject to the direction of the department state superintendent and the division for learning support, equity and advocacy in the department as provided by law.

AB100-ASA1, s. 2849d Section 2849d. 119.32 (6) of the statutes is amended to read:

AB100-ASA1,1302,18 119.32 (6) The superintendent of schools shall take an annual census of all persons between the ages of 4 and 20 residing in the city and at the same time shall collect such additional statistics and information relating to schools and the population entitled to school privileges in the city as the board directs. The census may be estimated by using statistically significant sampling techniques that have been approved by the department.

AB100-ASA1, s. 2849h Section 2849h. 119.44 (1) of the statutes is amended to read:

AB100-ASA1,1302,21 119.44 (1) The board shall file its annual financial report with the city clerk and shall send a copy of the report to the department state superintendent.

AB100-ASA1, s. 2849m Section 2849m. 119.44 (2) (c) of the statutes is amended to read:

AB100-ASA1,1302,23 119.44 (2) (c) The information specified under s. 120.18 (1) (gm) and (i).

AB100-ASA1, s. 2849r Section 2849r. 119.44 (2) (d) of the statutes is created to read:

AB100-ASA1,1302,25 119.44 (2) (d) The information specified under s. 120.18 (1) (a).

AB100-ASA1, s. 2851m Section 2851m. 119.485 of the statutes is created to read:

AB100-ASA1,1303,10 119.485 Taxes for state trust fund loans. (1) If the board is awarded a state trust fund loan under subch. II of ch. 24, the board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of money necessary to pay the principal and interest on the loan as they become due. The common council shall levy and collect a tax upon all property subject to taxation in the city, at the same time and in the same manner as other taxes are levied and collected, equal to the amount of money required to make such payments. The taxes are in addition to all other taxes that the city is authorized to levy.

AB100-ASA1,1303,13 (2) Annually by December 31, the board shall transfer to the city an amount which, when added to the interest that will accrue on the amount, is sufficient to meet the anticipated costs of debt service on the loan in the ensuing year.

AB100-ASA1, s. 2853m Section 2853m. 119.497 (2) (b) of the statutes is amended to read:

AB100-ASA1,1303,19 119.497 (2) (b) By December 1, 1992, the board shall submit the approved plan to the department state superintendent and the legislative audit bureau for their review. By January 15, 1993, the department state superintendent and the legislative audit bureau shall submit their comments on the plan to the committees specified under par. (a) in the manner specified under par. (a).

AB100-ASA1, s. 2160 Section 2160. 119.68 (2) of the statutes is amended to read:

AB100-ASA1,1303,23 119.68 (2) No action may be brought or maintained against the school upon a claim or cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37 or , 19.97 or 281.99.

AB100-ASA1, s. 2854b Section 2854b. 119.71 (2) of the statutes is amended to read:

AB100-ASA1,1304,3 119.71 (2) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 in each school year.

AB100-ASA1, s. 2854e Section 2854e. 119.72 (1) (c) of the statutes is amended to read:

AB100-ASA1,1304,8 119.72 (1) (c) Employs or utilizes only persons appropriately licensed by the department state superintendent under s. 115.28 (7) for pupils in the program, or ensures that only such persons supervise the individuals providing instruction and support services to the pupils in the program.

AB100-ASA1, s. 2854h Section 2854h. 119.72 (5) of the statutes is amended to read:

AB100-ASA1,1304,12 119.72 (5) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 for the program under this section in each school year.

AB100-ASA1, s. 2854k Section 2854k. 119.73 of the statutes is amended to read:

AB100-ASA1,1304,21 119.73 Kindergarten and early childhood programs. The board shall evaluate the effectiveness of the expanded 5-year-old kindergarten programs under s. 119.71 and the early childhood education programs under s. 119.72 in meeting the needs of disadvantaged children. By January 1, 1990, and annually thereafter by January 1, the board shall submit a report summarizing its findings to the department state superintendent and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

AB100-ASA1, s. 2854m Section 2854m. 119.74 (intro.) of the statutes is amended to read:

AB100-ASA1,1305,2 119.74 Extended-day elementary grade, 4-year-old kindergarten and alcohol and other drug abuse programs. (intro.) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amounts specified in the spending plan under s. 119.80 for the following programs in each school year:

AB100-ASA1, s. 2854p Section 2854p. 119.75 (2) (a) of the statutes is amended to read:

AB100-ASA1,1305,6 119.75 (2) (a) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 in each school year.

AB100-ASA1, s. 2854s Section 2854s. 119.78 (2) of the statutes is amended to read:

AB100-ASA1,1305,10 119.78 (2) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 in each school year to fund the family resource center under sub. (1).

AB100-ASA1, s. 2854u Section 2854u. 119.82 (3) of the statutes is amended to read:

AB100-ASA1,1305,14 119.82 (3) From the appropriation under s. 20.255 (2) (ec), the department state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 in each school year for the programs under sub. (1).

AB100-ASA1, s. 2854w Section 2854w. 119.84 of the statutes is amended to read:

AB100-ASA1,1305,19 119.84 Professional development. Annually, the department state superintendent shall pay the amount appropriated in that fiscal year under s. 20.255 (2) (dc) to the board. The board shall use the funds for professional staff development activities. This subsection does not apply after June 30, 1996.

AB100-ASA1, s. 2161 Section 2161. 120.12 (14) of the statutes is amended to read:

AB100-ASA1,1305,22 120.12 (14) Course of study. Determine the school course of study, with the advice of the department state superintendent .

AB100-ASA1, s. 2162 Section 2162. 120.12 (17) of the statutes is amended to read:

AB100-ASA1,1306,3 120.12 (17) University of Wisconsin system tuition. Pay the tuition of any pupil enrolled in the school district and attending a center or institution within the university of Wisconsin system if the pupil is not participating in the program under s. 118.37 118.55, the course the pupil is attending at the university is not offered in the school district and the pupil will receive high school credit for the course.

AB100-ASA1, s. 2857g Section 2857g. 120.13 (1) (c) 3. of the statutes is amended to read:

AB100-ASA1,1306,20 120.13 (1) (c) 3. Prior to expelling a pupil, the school board shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian may be represented at the hearing by counsel. The school board shall keep written minutes of the hearing. Upon the ordering by the school board of the expulsion of a pupil, the school district clerk shall mail a copy of the order to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the expulsion to the department state superintendent. If the school board's decision is appealed to the department state superintendent, within 60 days after the date on which the department state superintendent receives the appeal, the department state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the school board shall be enforced while the department state superintendent reviews the decision. An appeal from the decision of the department state superintendent may be taken within 30 days to the circuit court of the county in which the school is located.

AB100-ASA1, s. 2857r Section 2857r. 120.13 (1) (e) 3. of the statutes is amended to read:

AB100-ASA1,1307,21 120.13 (1) (e) 3. Prior to expelling a pupil, the hearing officer or panel shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian, may be represented at the hearing by counsel. The hearing officer or panel shall keep a full record of the hearing. The hearing officer or panel shall inform each party of the right to a complete record of the proceeding. Upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent or guardian. Upon the ordering by the hearing officer or panel of the expulsion of a pupil, the school district shall mail a copy of the order to the school board, the pupil and, if the pupil is a minor, the pupil's parent or guardian. Within 30 days after the date on which the order is issued, the school board shall review the expulsion order and shall, upon review, approve, reverse or modify the order. The order of the hearing officer or panel shall be enforced while the school board reviews the order. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the school board's decision to the department state superintendent. If the school board's decision is appealed to the department state superintendent, within 60 days after the date on which the department state superintendent receives the appeal, the department state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the school board shall be enforced while the department state superintendent reviews the decision. An appeal from the decision of the department state superintendent may be taken within 30 days to the circuit court of the county in which the school is located. This paragraph does not apply to a school district operating under ch. 119.

AB100-ASA1, s. 2163 Section 2163. 120.13 (2) (g) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1,1308,2 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.745 (2), (3) and (5) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (10) to (12), 632.896, 767.25 (4m) (d) and 767.51 (3m) (d).

AB100-ASA1, s. 2860m Section 2860m. 120.13 (26) of the statutes is amended to read:

AB100-ASA1,1308,9 120.13 (26) Contracts with private education services. Upon the approval of the department state superintendent, contract with private education services for pupils who need concurrent education and treatment services, the educational portion of which is not available in the schools in which the pupils are enrolled. Private education services provided under this subsection may not include religious or sectarian teachings or instruction.

AB100-ASA1, s. 2164 Section 2164. 120.13 (26r) of the statutes is created to read:

AB100-ASA1,1308,13 120.13 (26r) Contracts for outpatient mental health and developmental disabilities services. Contract with the department of health and family services for outpatient services under s. 51.07 (4).

AB100-ASA1, s. 2862m Section 2862m. 120.14 (1) of the statutes is amended to read:

AB100-ASA1,1308,23 120.14 (1) At the close of each fiscal year, the school board of each school district shall employ a licensed accountant to audit the school district accounts and certify the audit. The audit shall include information concerning the school district's self-insurance plan under s. 120.13 (2) (b), as specified by the commissioner of insurance. If required by the department state superintendent under s. 115.28 (18), the audit shall include an audit of the number of pupils reported for membership purposes under s. 121.004 (5). The cost of the audit shall be paid from school district funds. Annually by September 15, the school district clerk shall file a financial audit statement with the department state superintendent.

AB100-ASA1, s. 2165 Section 2165. 120.17 (8) (bm) of the statutes is amended to read:

AB100-ASA1,1309,9 120.17 (8) (bm) If the equalized valuation of that part of a municipality lying within a school district is reduced due to the removal of property from the tax roll because the imposition of the property tax on that property is found unconstitutional, the school district clerk shall notify the supervisor of equalization. The supervisor of equalization shall reduce the equalized valuation by the full value of the property so removed and certify the resulting equalized valuation to the department state superintendent and the school district clerk for use in computing the tax levy certifications under this subsection. Corrections may be made under this paragraph only for the valuations used by the department for the last 2 school years.

AB100-ASA1, s. 2863b Section 2863b. 120.18 (1) (a) of the statutes is amended to read:

AB100-ASA1,1309,21 120.18 (1) (a) Except in a union high school district, the The school census, showing the numbers and ages of children between the ages of 4 and 20 residing in the school district who are at least 4 years old but not yet 14 years old and who reside in a school district operating only elementary grades, showing the number and ages of children between the ages of 14 and 20 residing in a union high school district and showing the number and ages of children between the ages of 4 and 20 residing in any other school district. The census may be estimated by using statistically significant sampling techniques that have been approved by the department state superintendent. Children cared for at a charitable or penal institution of this state may not be included in the report. The school district clerk may employ a competent person to take the school census.

AB100-ASA1, s. 2863g Section 2863g. 120.18 (1) (h) of the statutes is renumbered 120.18 (1) (s).

AB100-ASA1, s. 2863r Section 2863r. 120.18 (1) (i) of the statutes is created to read:

AB100-ASA1,1310,2 120.18 (1) (i) A description of the educational technology used by the school district, including the uses made of the technology, the cost of the technology and the number of persons using or served by the technology. In this paragraph, "educational technology" has the meaning given in s. 44.70 (3).

AB100-ASA1, s. 2863rm Section 2863rm. 120.18 (3) of the statutes is amended to read:

AB100-ASA1,1310,5 120.18 (3) The department state superintendent may promulgate rules to implement and administer this section.

AB100-ASA1, s. 2863s Section 2863s. 120.21 (1) (b) of the statutes is amended to read:

AB100-ASA1,1310,9 120.21 (1) (b) With flight operator schools, approved by the U.S. civil aeronautics administration, for courses in flight instruction approved by the department state superintendent.

AB100-ASA1, s. 2166 Section 2166. 121.004 (2) of the statutes is amended to read:

AB100-ASA1,1310,19 121.004 (2) Equalized valuation. The "equalized valuation" of a school district is the full value of the taxable property of the territory in the school district as certified for the prior year under s. 121.06 (2), excluding value adjustments made under s. 70.57 (1) resulting from appeals made under s. 70.995. The "equalized valuation" of any taxable property in a tax incremental district shall not exceed its equalized value determined for the purpose of obtaining the tax incremental base of that district under s. 66.46. The "equalized valuation" of a school district shall be reduced by the amount of an environmental remediation value increment on a parcel of property that is certified under s. 66.462 during the period of certification.

AB100-ASA1, s. 2167 Section 2167. 121.006 (1) (a) of the statutes is amended to read:

AB100-ASA1,1310,24 121.006 (1) (a) The department state superintendent may withhold state aid from any school district in which the scope and character of the work are not maintained in such manner as to meet the department's state superintendent's approval.

AB100-ASA1, s. 2867m Section 2867m. 121.006 (2) (intro.) and (a) of the statutes are amended to read:

AB100-ASA1,1311,6 121.006 (2) (intro.)  Unless the department state superintendent is satisfied that the failure to meet the requirements of pars. (a) and (b) was occasioned by some extraordinary cause not arising from intention or neglect on the part of the responsible officers, every school district shall:

AB100-ASA1,1311,10 (a) Hold school for at least 180 days each year, less any days during which the department state superintendent determines that school is not held or educational standards are not maintained as the result of a strike by school district employes, the days to be computed in accordance with s. 115.01 (10).

AB100-ASA1, s. 2168 Section 2168. 121.02 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1311,13 121.02 (1) (intro.) Each Except as provided in s. 118.40 (2r) (d), each school board shall:

AB100-ASA1, s. 2169 Section 2169. 121.02 (1) (a) 2. of the statutes is amended to read:

AB100-ASA1,1311,18 121.02 (1) (a) 2. Ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. The department state superintendent shall promulgate rules defining "instructional staff" for purposes of this subdivision and s. 118.40 (2r) (d) 1.

AB100-ASA1, s. 2869m Section 2869m. 121.02 (1) (f) 1. of the statutes is amended to read:

AB100-ASA1,1311,23 121.02 (1) (f) 1. Schedule at least 180 school days annually, less any days during which the department state superintendent determines that school is not held or educational standards are not maintained as the result of a strike by school district employes.

AB100-ASA1, s. 2170 Section 2170. 121.02 (1) (s) of the statutes is amended to read:

AB100-ASA1,1312,6 121.02 (1) (s) Beginning in the 1993-94 school year, administer the examinations required by the department under s. 118.30 (1m) (am) and (b), and; beginning in the 1996-97 school year, administer the examination required by the department under s. 118.30 (1m) (a); and beginning in the 1999-2000 school year, administer the high school graduation examination required under s. 118.30 (1m) (d).

AB100-ASA1, s. 2871m Section 2871m. 121.02 (3) to (5) of the statutes are amended to read:

AB100-ASA1,1312,18 121.02 (3) Prior to any finding that a school district is not in compliance with the standards under sub. (1), the department state superintendent shall, upon request of the school board or upon receipt of a petition signed by the maximum number of electors allowed for nomination papers of school district officers under s. 8.10 (3) (i), (km) or (ks), conduct a public hearing in the school district. If the department state superintendent, after the hearing, finds that the district is not in compliance with the standards, the department state superintendent may develop with the school board a plan which describes methods of achieving compliance. The plan shall specify the time within which compliance shall be achieved. The department state superintendent shall withhold up to 25% of state aid from any school district that fails to achieve compliance within the specified period.

AB100-ASA1,1312,25 (4) Any school district which is completely surrounded by water may meet the requirements of this section by being in substantial compliance with the standards in sub. (1). Annually by August 15, the school district shall submit to the department state superintendent for approval a report describing the methods by which the school district intends to substantially comply with the standards. The department state superintendent shall allow any such school district maximum flexibility in the school district's substantial compliance plans.

AB100-ASA1,1313,3 (5) The department state superintendent shall promulgate rules to implement and administer this section, including rules defining "regular instruction" for the purpose of sub. (1) (L) 1. and 2.

AB100-ASA1, s. 2171 Section 2171. 121.05 (1) (a) 5. of the statutes is amended to read:

AB100-ASA1,1313,7 121.05 (1) (a) 5. Pupils attending a technical college under s. 118.15 (1) (b) and pupils attending an institution of higher education or a technical college under s. 118.37 118.55.

AB100-ASA1, s. 2872m Section 2872m. 121.05 (3) and (4) of the statutes are amended to read:

AB100-ASA1,1313,11 121.05 (3) If a school district is unable to hold school on either of the 2 dates specified in sub. (1) (a), the department state superintendent shall designate alternative membership counting dates.

AB100-ASA1,1313,25 (4) Beginning in the 1994-95 school year, the school board of a school district in which a foster or group home that is not exempt under s. 70.11 is located may submit a report to the department state superintendent. If the school board submits a report, it shall submit it by June 30. The report shall indicate, on a full-time equivalent basis, the number of pupils residing in such foster or group homes who were provided educational services by the school district during the current school year but were not included in the September or January membership count under sub. (1) (a). The department state superintendent shall adjust the school district's membership based on the report. The department state superintendent shall make proportional adjustments to the memberships of the school districts in which the pupil was previously enrolled during that school year. The department state superintendent shall obtain from such school districts the information necessary to make such adjustments. The department state superintendent shall promulgate rules to implement and administer this subsection.

AB100-ASA1, s. 2172 Section 2172. 121.06 (1) of the statutes is amended to read:

AB100-ASA1,1314,6 121.06 (1) Annually on or before October 1, the full value of the taxable property in each part of each city, village and town in each school district shall be determined by the department of revenue according to its best judgment from all sources of information available to it and shall be certified by the department of revenue to the department state superintendent.

AB100-ASA1, s. 2873d Section 2873d. 121.06 (2) of the statutes is amended to read:

AB100-ASA1,1314,10 121.06 (2) The department state superintendent shall certify to each school district clerk the appropriate full values certified to the department state superintendent under sub. (1).