Amendment AA8-ASA1-AB100

AB100-ASA1-AA8, s. 2760z Section 2760z. 115.81 (6) of the statutes is amended to read:

AB100-ASA1-AA8,281,15 115.81 (6) Hearing and decision. Upon receipt of a written request for a hearing under sub. (1) (1m), the department shall appoint an impartial hearing officer who is not otherwise employed by the department from the list maintained under sub. (4m). The hearing officer shall conduct the hearing and shall issue a decision within 45 days of the receipt of the request for the hearing under sub. (1) (1m). The hearing officer may issue subpoenas, order an independent evaluation at school board expense and grant specific extensions of time for cause at the request of either party. If the hearing officer grants an extension of time, he or she shall include that extension and the reason for the extension in the record of the proceedings. The school board shall pay the cost of the hearing officer. Sections 227.44 to 227.50 do not apply to hearings conducted under this subsection.".

AB100-ASA1-AA8,281,16 985. Page 1250, line 12: after that line insert:

AB100-ASA1-AA8,281,17 " Section 2762g. 115.85 (1) (e) of the statutes is created to read:

AB100-ASA1-AA8,281,22 115.85 (1) (e) Notwithstanding par. (a) and except as provided in s. 118.51 (12) (a) and (b) 2., if a child with exceptional educational needs is attending a public school in a nonresident school district under s. 118.51, the school board of the school district that the child is attending shall ensure that appropriate special education programs and related services are available to the child.

AB100-ASA1-AA8, s. 2762r Section 2762r. 115.85 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA8,282,4 115.85 (2) (a) If the school district that the child attends, the county program in which the child resides school district participates or the cooperative educational service agency for the school district in which the child resides operates an appropriate special education program, the child shall be placed in such program.".

AB100-ASA1-AA8,282,5 986. Page 1251, line 5: after that line insert:

AB100-ASA1-AA8,282,6 " Section 2765m. 115.85 (2) (f) of the statutes is created to read:

AB100-ASA1-AA8,282,12 115.85 (2) (f) If a child with exceptional educational needs is attending a public school in a nonresident school district under s. 118.51, the school board of the school district that the child is attending shall provide an appropriate educational placement for the child under this subsection and shall pay tuition charges instead of the school district in which the child resides if any of the placement options under pars. (am) to (d) are utilized.".

AB100-ASA1-AA8,282,13 987. Page 1251, line 14: after that line insert:

AB100-ASA1-AA8,282,15 " Section 2766am. 115.85 (3) (a), (c) and (d) of the statutes are amended to read:

AB100-ASA1-AA8,282,22 115.85 (3) (a) The total number of children who reside in the school district and the total number of children who attend the school district under s. 118.51 who have been placed in special education programs under s. 115.85 (2), the exceptional educational needs of each such child and the school attended or special education received by each such child. The report shall also specify the number of children with exceptional educational needs who are known to the school district and who are under the age of 3 years and the exceptional educational needs of each such child.

AB100-ASA1-AA8,283,2 (c) A description of the special education programs in which children who reside in the school district or who attend the school district under s. 118.51 have been placed under sub. (2), the number of persons attending each pursuant to sub. (2) and the qualifications of the staff of each such special education program.

AB100-ASA1-AA8,283,6 (d) An evaluation, in terms of the goals identified under s. 115.78 (5), of the progress made by each special education program in which children who reside in the school district or who attend the school district under s. 118.51 are placed under sub. (2).".

AB100-ASA1-AA8,283,8 988. Page 1251, line 20: delete that line and substitute "of the pupil's residence spent in county program classes in the previous school year".

AB100-ASA1-AA8,283,9 989. Page 1252, line 25: after that line insert:

AB100-ASA1-AA8,283,10 " Section 2767kg. 115.87 (1) of the statutes is renumbered 115.87 (2).

AB100-ASA1-AA8, s. 2767kr Section 2767kr. 115.87 (1) of the statutes is created to read:

AB100-ASA1-AA8,283,15 115.87 (1) In this section, if a child with exceptional educational needs is attending a public school in a nonresident school district under s. 118.51, "school district in which the child resides" and "school district of residence" mean the school district that the child attends under s. 118.51.".

AB100-ASA1-AA8,283,17 990. Page 1255, line 5: delete "of residence" and substitute " of residence in which the child resides or the school district attended by the child under s. 118.51 ".

AB100-ASA1-AA8,283,18 991. Page 1256, line 6: after that line insert:

AB100-ASA1-AA8,283,19 " Section 2768k. 115.92 (1) of the statutes is amended to read:

AB100-ASA1-AA8,284,2 115.92 (1) Any school board may establish a program for school age parents who are residents of the school district. The program shall be designed to provide services and instruction to meet the needs of school age parents, including education on the skills required of a parent; family planning, as defined in s. 253.07 (1) (a), including natural family planning; and information on adoption services. The program shall be coordinated with existing vocational and job training programs in the school district.".

AB100-ASA1-AA8,284,3 992. Page 1264, line 17: after that line insert:

AB100-ASA1-AA8,284,4 " Section 2780d. 117.20 of the statutes is amended to read:

AB100-ASA1-AA8,284,8 117.20 Referendum procedures. (1) If a referendum is required under ss. 117.08 to 117.11, it shall be held on the Tuesday after the first Monday in November occurring not sooner than 45 days following receipt of the petition or adoption of the resolution under s. 117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a) or 117.11 (4) (a).

AB100-ASA1-AA8,284,19 (2) The clerk of each affected school district shall publish notice, as required under s. 8.55 10.06 (4), in the territory of that school district. The procedures for school board elections under s. 120.06 (5), (9), (11), (13) and (14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the board a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.".

AB100-ASA1-AA8,284,20 993. Page 1266, line 13: after that line insert:

AB100-ASA1-AA8,284,21 " Section 2782j. 118.019 (2) (e) of the statutes is amended to read:

AB100-ASA1-AA8,285,2 118.019 (2) (e) Human sexuality; reproduction; contraception family planning, as defined in s. 253.07 (1) (a), including natural family planning; human immunodeficiency virus and acquired immunodeficiency syndrome; prenatal development; childbirth; adoption; available prenatal and postnatal support; and male responsibility.".

AB100-ASA1-AA8,285,3 994. Page 1267, line 3: after that line insert:

AB100-ASA1-AA8,285,4 " Section 2783g. 118.125 (2) (d) of the statutes is amended to read:

AB100-ASA1-AA8,286,4 118.125 (2) (d) Pupil records shall be made available to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license and other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in the pupil records. Law enforcement officers' records obtained under s. 938.396 (1m) (a) shall be made available under this paragraph for the purposes of as provided in s. 118.127 (2) to those employes of the school district who have been designated by the school board to receive that information for the purpose of providing alcohol and other drug abuse programs. Law enforcement officers' records obtained under s. 938.396 (1m) (am) and (b) shall be made available under this paragraph for the purposes of s. 118.127 (2m) and (3) to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license, to other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in those records and to those employes of the school district who have been designated by the school board to receive that information for the purpose of providing treatment programs. A school board member or an employe of a school district may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employe acted with actual malice in failing to disclose the information. A school district may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district or its agent acted with gross negligence or with reckless, wanton or intentional misconduct in failing to disclose the information.

AB100-ASA1-AA8, s. 2785b Section 2785b. 118.127 (2) of the statutes is amended to read:

AB100-ASA1-AA8,286,18 118.127 (2) A school district shall use disclose information from law enforcement officers' records obtained under s. 938.396 (1m) (a) to persons employed by the school district who are required by the department under s. 115.28 (7) to hold a license and to other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in that information. In addition, if that information relates to a pupil of the school district, the school district shall also disclose that information to those employes of the school district who have been designated by the school board to receive that information for the purpose of providing alcohol and other drug abuse treatment programs for pupils enrolled in the school district. A school district shall may not use law enforcement officers' records obtained under s. 938.396 (1m) (a) as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against a pupil.

AB100-ASA1-AA8, s. 2785bm Section 2785bm. 118.127 (2m) of the statutes is repealed.

AB100-ASA1-AA8, s. 2785c Section 2785c. 118.127 (3) of the statutes is repealed.".

AB100-ASA1-AA8,286,21 995. Page 1267, line 24: after that line insert:

AB100-ASA1-AA8,286,22 " Section 2787b. 118.145 (4) of the statutes is created to read:

AB100-ASA1-AA8,287,4 118.145 (4) The school board of a school district operating high school grades shall allow a pupil enrolled in a private school or a pupil enrolled in a home-based educational program, who has met the standards for admission to high school under sub. (1), to take up to 2 courses during each school semester if the pupil resides in the school district in which the public school is located and if the school board determines that there is sufficient space in the classroom.".

AB100-ASA1-AA8,287,6 996. Page 1280, line 16: delete the material beginning with "order," and ending with "committees" on line 18 and substitute "order under s. 14.23".

AB100-ASA1-AA8,287,7 997. Page 1280, line 21: after that line insert:

AB100-ASA1-AA8,287,11 "118.30 (1g) (a) By August 1, 1998, each school board shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history. If the governor has issued pupil academic standards as an executive order under s. 14.23, the school board may adopt those standards.".

AB100-ASA1-AA8,287,12 998. Page 1280, line 22: delete "118.30 (1g)" and substitute "(b)".

AB100-ASA1-AA8,287,15 999. Page 1280, line 23: after "examination" insert "that is designed to measure whether pupils meet the pupil academic standards adopted by the school board under par. (a)".

AB100-ASA1-AA8,287,17 1000. Page 1280, line 24: delete that line and substitute "standards issued as an executive order under s. 14.23".

AB100-ASA1-AA8,287,18 1001. Page 1280, line 25: delete "sub. (1) (b)".

AB100-ASA1-AA8,287,19 1002. Page 1281, line 13: delete "1999-2000" and substitute "2000-01".

AB100-ASA1-AA8,287,20 1003. Page 1281, line 14: after "(1g)" insert "(b)".

AB100-ASA1-AA8,287,21 1004. Page 1282, line 10: delete "2001" and substitute "2002".

AB100-ASA1-AA8,287,22 1005. Page 1282, line 17: after "from" insert "the".

AB100-ASA1-AA8,287,23 1006. Page 1284, line 24: delete that line.

AB100-ASA1-AA8,288,2 1007. Page 1292, line 20: delete the material beginning with that line and ending with page 1293, line 4, and substitute:

AB100-ASA1-AA8,288,6 "118.40 (3) (b) A contract under par. (a) or under sub. subs. (2m) or (2r) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid by the school board to the charter school during each school year of the contract.".

AB100-ASA1-AA8,288,7 1008. Page 1293, line 23: delete "subd. 2." and substitute "subds. 2. and 3.".

AB100-ASA1-AA8,288,8 1009. Page 1294, line 9: after that line insert:

AB100-ASA1-AA8,288,13 "3. Notwithstanding subd. 2., if the city of Milwaukee contracts with an individual or group operating for profit to operate a school as a charter school, the charter school is an instrumentality of the school district operating under ch. 119 and the board of the school district operating under ch. 119 shall employ all personnel for the charter school.".

AB100-ASA1-AA8,288,14 1010. Page 1294, line 18: delete lines 18 to 20.

AB100-ASA1-AA8,288,16 1011. Page 1294, line 24: delete the material beginning with that line and ending with page 1295, line 8.

AB100-ASA1-AA8,288,17 1012. Page 1295, line 17: after that line insert:

AB100-ASA1-AA8,288,18 " Section 2843g. 118.51 of the statutes is created to read:

AB100-ASA1-AA8,288,19 118.51 Full-time open enrollment. (1) Definitions. In this section:

AB100-ASA1-AA8,288,21 (a) "Child with exceptional educational needs" has the meaning given in s. 115.76 (3).

AB100-ASA1-AA8,288,23 (b) "Nonresident school board" means the school board of a nonresident school district.

AB100-ASA1-AA8,289,3 (c) "Nonresident school district" means a school district, other than a pupil's resident school district, that the pupil is attending or has applied to attend under this section.

AB100-ASA1-AA8,289,4 (d) "Parent" includes a guardian.

AB100-ASA1-AA8,289,5 (e) "Resident school board" means the school board of a resident school district.

AB100-ASA1-AA8,289,6 (f) "Resident school district" means the school district in which a pupil resides.

AB100-ASA1-AA8,289,13 (2) Applicability. Beginning in the 1998-99 school year, a pupil may attend a public school, including a prekindergarten, early childhood or school-operated day care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, early childhood or school-operated day care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.

AB100-ASA1-AA8,289,23 (3) Application procedures. (a) Submission and acceptance or rejection. 1. The parent of a pupil who wishes to attend a public school in a nonresident school district under this section shall submit an application, on a form provided by the department under sub. (15) (a), to the school board of the nonresident school district that the pupil wishes to attend, not earlier than the first Monday in February and not later than the 3rd Friday in February of the school year immediately preceding the school year in which the pupil wishes to attend. On the 4th Monday in February, the nonresident school board shall send a copy of the application to the pupil's resident school board and the department. The application may include a request to attend a specific school or program offered by the nonresident school district.

AB100-ASA1-AA8,290,3 2. A nonresident school board may not act on any application received under subd. 1. until after the 3rd Friday in February. If a nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept on a random basis.

AB100-ASA1-AA8,290,7 3. On or before the first Friday following the first Monday in April following receipt of the application, the nonresident school board shall notify the applicant, in writing, whether it has accepted the application. If the nonresident school board rejects an application, it shall include in the notice the reason for the rejection.

AB100-ASA1-AA8,290,13 4. On or before the first Friday following the first Monday in April following receipt of a copy of the application, if a resident school board denies a pupil's enrollment in a nonresident school district under sub. (6), (7) or (12) (b) 1., the resident school board shall notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the denial.

AB100-ASA1-AA8,290,17 5. If an application is accepted, on or before the 2nd Friday following the first Monday in May following receipt of the application, the nonresident school board shall notify the applicant, in writing, of the specific school or program that the pupil may attend in the following school year.

AB100-ASA1-AA8,290,21 6. If an application is accepted, on or before the first Friday following the first Monday in June following receipt of a notice of acceptance, the pupil's parent shall notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.

AB100-ASA1-AA8,290,25 (b) Notice to resident school district. Annually by June 30, each nonresident school board that has accepted a pupil under this section for attendance in the following school year shall report the name of the pupil to the pupil's resident school board.

AB100-ASA1-AA8,291,7 (c) Subsequent reapplication; when required. 1. If a pupil's parent notifies a nonresident school board, under par. (a) 6., that the pupil intends to attend school in that school district in the following school year, the pupil may attend that school district in the following school year and may continue to attend that school district in succeeding school years without reapplying, except that the nonresident school board may require that the pupil reapply, no more than once, when the pupil enters middle school, junior high school or high school.

AB100-ASA1-AA8,291,11 2. If at any time a pupil who is attending school in a nonresident school district under this section wishes to attend school in a different nonresident school district under this section, the pupil's parent shall follow the application procedures under par. (a).

AB100-ASA1-AA8,291,13 (4) Adoption of policies and criteria. (a) By December 1, 1997, each school board shall adopt a resolution specifying all of the following:

AB100-ASA1-AA8,291,14 1. Its reapplication requirements, if any, under sub. (3) (c) 1.

AB100-ASA1-AA8,291,15 2. Its acceptance and rejection criteria under sub. (5) (a) and (b).

AB100-ASA1-AA8,291,16 3. A statement of the preference required under sub. (5) (c).

AB100-ASA1-AA8,291,17 4. Its transfer limitations, if any, under sub. (6).

AB100-ASA1-AA8,291,20 5. If the school district is eligible for aid under subch. VI of ch. 121, the limitation on transfers into or out of the school district imposed by the school board under sub. (7).

AB100-ASA1-AA8,291,25 6. Whether it will provide transportation under s. 121.54 (10) for some or all of the pupils who reside in the school district and attend school in a nonresident school district under this section for some or all of the pupils who reside in other school districts and attend its schools under this section, and the means, under s. 121.55, by which it will provide such transportation.

AB100-ASA1-AA8,292,2 (b) If the school board revises its criteria or policies under par. (a), it shall do so by resolution.

AB100-ASA1-AA8,292,5 (5) Nonresident school district acceptance criteria. (a) Permissible criteria. Except as provided in par. (c), the criteria for accepting and rejecting applications from nonresident pupils under sub. (3) (a) may include only the following:

AB100-ASA1-AA8,292,9 1. The availability of space in the schools, programs, classes or grades within the nonresident school district, including any class size limits, pupil-teacher ratios, pupils attending the school district for whom tuition is paid under s. 121.78 (1) (a) or enrollment projections established by the nonresident school board.