Amendment ASA1-AB100

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).

AB100-ASA1, s. 2873h Section 2873h. 121.07 (1) (c) of the statutes is amended to read:

AB100-ASA1,1314,19 121.07 (1) (c) If an order of school district reorganization under ch. 117 is not effective due to litigation until after the 3rd Friday in September but takes effect before April 1 of the current school year, state aid for any affected school district for the first year of operation shall be computed after the order takes effect using calculations by the department state superintendent of the number of pupils enrolled and teacher-pupil ratio for the territory in the affected school district, which shall be made as if the school district had been in existence on the 3rd Friday in September.

AB100-ASA1, s. 2873m Section 2873m. 121.07 (7) (b) of the statutes is amended to read:

AB100-ASA1,1315,2 121.07 (7) (b) The "secondary guaranteed valuation per member" is an amount, rounded to the next lower dollar, that, after subtraction of payments under ss. 121.09, 121.10, 121.105, 121.85 (6) (b) 2. and 3. and (c) and 121.86, fully distributes an amount equal to the amount remaining in the appropriation under s. 20.255 (2) (ac) plus $50,000,000 in the 1997-98 school year and $100,000,000 in the 1998-99 school year for payments under ss. 121.08 and 121.85 (6) (a) and (g).

AB100-ASA1, s. 2873p Section 2873p. 121.09 of the statutes is amended to read:

AB100-ASA1,1315,22 121.09 State aid adjustment; redetermination of assessment. (1) If, on or after July 1, 1980, the tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, or if, on or after January 1, 1982, the state board of assessors makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after the date of the determination, decision or judgment, file the determination of the state board of assessors, the decision of the tax appeals commission or the judgment of the court with the department state superintendent, requesting an adjustment in state aid to the school district. If the department state superintendent determines that the determination, decision or judgment is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation under s. 20.255 (2) (ac), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).

AB100-ASA1,1316,9 (2) If, on or after May 3, 1984, the state board of assessors, the tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is higher than the previous assessment, the department state superintendent shall notify the school district in which the property is located of the recertification by the department of revenue under s. 70.57 (2). The department state superintendent shall, in the subsequent fiscal year, withhold from the school district's state aid entitlement under s. 121.08 an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year, using the school district's equalized valuation as recertified under s. 70.57 (2).

AB100-ASA1, s. 2873t Section 2873t. 121.10 (4) of the statutes is amended to read:

AB100-ASA1,1316,15 121.10 (4) If a school district is ineligible for a payment under sub. (2) or (3), the department state superintendent shall pay to the school district in that school year, from the appropriation under s. 20.255 (2) (bm), an amount which, when added to the amount of state aid the school district will receive in that school year, is equal to an amount determined by multiplying $175 by the membership.

AB100-ASA1, s. 2173 Section 2173. 121.135 (1) of the statutes is amended to read:

AB100-ASA1,1316,23 121.135 (1) If, upon receipt of the report under s. 115.84, the department state superintendent is satisfied that there are children participating in a special education program provided by a county handicapped children's education board, the department state superintendent shall certify to the department of administration from the appropriation under s. 20.255 (2) (bh) in favor of the county handicapped children's education board the amount determined under sub. (2), except as provided under sub. (3).

AB100-ASA1, s. 2874m Section 2874m. 121.135 (3) of the statutes is amended to read:

AB100-ASA1,1317,7 121.135 (3) This section does not apply beginning on the effective date of a resolution adopted under s. 115.86 (9) (c), except that in the school year beginning July 1 of the year prior to the effective date of the resolution, the department state superintendent shall certify to the department of administration from the appropriation under s. 20.255 (2) (bh) in favor of the county handicapped children's education board an amount equal to one-half the amount specified under sub. (2) for each pupil enrolled.

AB100-ASA1, s. 2174 Section 2174. 121.14 (1) of the statutes is amended to read:

AB100-ASA1,1317,17 121.14 (1) State aid shall be paid to each district or county handicapped children's education board only for those academic summer classes or laboratory periods for which the department state superintendent has given prior review and approval as to the content of such classes or laboratory periods so as to assure that such classes and laboratory periods are only for necessary academic purposes. Recreational programs and team sports shall not be eligible for aid under this section, and pupils participating in such programs shall not be counted as pupils enrolled under s. 121.004 (5) nor shall costs associated with such programs be included in shared costs under s. 121.07 (6).

AB100-ASA1, s. 2875m Section 2875m. 121.15 (1m) of the statutes is created to read:

AB100-ASA1,1318,2 121.15 (1m) Notwithstanding sub. (1), beginning in the 1997-98 school year, each school district shall receive a portion of its total aid entitlement on the 4th Monday of July of the following school year. This portion shall be determined by adjusting the other payments under sub. (1) (a) so that a total of $50,000,000 is distributed under this subsection in July, 1998, and a total of $150,000,000 is distributed under this subsection in each July thereafter. School districts shall treat the payment under this subsection as if it had been received in the previous school year.

AB100-ASA1, s. 2175 Section 2175. 121.15 (2) (c) of the statutes is amended to read:

AB100-ASA1,1318,9 121.15 (2) (c) If the department state superintendent notifies a school district that a state aid payment may be withheld under par. (a) or (b), the department state superintendent shall notify each member of the school board or the school district clerk. If the department state superintendent notifies the school district clerk, the school district clerk shall promptly distribute a copy of the notice to each member of the school board.

AB100-ASA1, s. 2876m Section 2876m. 121.15 (3m) (a) 1. of the statutes is amended to read:

AB100-ASA1,1318,13 121.15 (3m) (a) 1. "Partial school revenues" means the sum of state school aids, other than the amount appropriated under s. 20.255 (2) (cv), and property taxes levied for school districts.

AB100-ASA1, s. 2176 Section 2176. 121.15 (3m) (a) 2. of the statutes is amended to read:

AB100-ASA1,1318,19 121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (2), other than s. 20.255 (2) (fm), (fu), (k) and (m), and under s. 20.505 (4) (er) ss. 20.275 (1) (d), (es), (et), (f), (fs) and (u) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) (s) that are used to provide grants or educational telecommunications access to school districts under s. 196.218 (4r).

AB100-ASA1, s. 2878m Section 2878m. 121.15 (3m) (b) of the statutes is amended to read:

AB100-ASA1,1319,2 121.15 (3m) (b) By June 15, 1996, and annually by June 15 thereafter, the department, the department of administration and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals 66.7% two-thirds of partial school revenues.

AB100-ASA1, s. 2880m Section 2880m. 121.15 (4) of the statutes is amended to read:

AB100-ASA1,1319,12 121.15 (4) On July 1 and October 15, using the most accurate data available, the department state superintendent shall provide the department of revenue and each school district with an estimate of the total amount of state aid, as defined in s. 121.90 (2), the school district will receive in the current school year. On October 15, using the most accurate data available, the department state superintendent shall calculate the total amount of state aid, as defined in s. 121.90 (2), that each school district will receive in the current school year. Any adjustments to that calculation shall be made by increasing or decreasing the payment made in September of the following school year.

AB100-ASA1, s. 2177 Section 2177. 121.17 of the statutes is repealed and recreated to read:

AB100-ASA1,1319,19 121.17 Use of federal revenue sharing funds. It is the intent of the legislature that school districts receiving federal revenue sharing funds through the state under this subchapter shall utilize these funds in compliance with the federal revenue sharing requirements as defined in the state and local fiscal assistance act of 1972 (P.L. 92-512), as amended by P.L. 94-488. The department shall assure compliance with this section.

AB100-ASA1, s. 2881d Section 2881d. 121.23 (1) of the statutes is amended to read:

AB100-ASA1,1319,24 121.23 (1) In the event that the department state superintendent finds that school is not held, or educational standards are not maintained in accordance with s. 121.02 (1) (f) as the result of a strike by school district employes, make-up days are authorized to be scheduled but no make-up days are required.

AB100-ASA1, s. 2881h Section 2881h. 121.23 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1320,6 121.23 (2) (intro.) If a school district holds less than 180 days of school as the result of a strike by school district employes, for the purposes of computing general aid, the department state superintendent shall compute the school district's primary and secondary ceiling costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the department state superintendent shall:

AB100-ASA1,1320,7 " Section 2881m. 121.41 (1) of the statutes is amended to read:

AB100-ASA1,1320,18 121.41 (1) State aid. To promote a uniformly effective driver education program among high school and technical college pupils, each school district operating high school grades, each county handicapped children's education board which provides the substantial equivalent of a high school education and each technical college district shall receive $100 for each pupil of high school age who completes a course in driver education approved by the department under s. 115.28 (11), but in no case may the state aid exceed the actual cost of instruction. If the appropriation under s. 20.255 (2) (r) (em) is inadequate in any year to provide $100 per pupil, the state aid shall be prorated after the appropriation for administration is deducted. Such state aid shall be paid at the same time as the state aid under s. 121.08 is paid.

AB100-ASA1, s. 2881p Section 2881p. 121.51 (1) of the statutes is amended to read:

AB100-ASA1,1321,3 121.51 (1) "Attendance area" is the geographic area designated by the governing body of a private school as the area from which its pupils attend and approved by the school board of the district in which the private school is located. If the private school and the school board cannot agree on the attendance area, the department state superintendent shall, upon the request of the private school and the board, make a final determination of the attendance area. The attendance areas of private schools affiliated with the same religious denomination shall not overlap unless one school limits its enrollment to pupils of the same sex and the other school limits its enrollment to pupils of the opposite sex or admits pupils of both sexes.

AB100-ASA1, s. 2881t Section 2881t. 121.52 (1) (b) of the statutes is amended to read: