PG&MJL:kaf&kmg:hmh
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 674
January 13, 1998 - Offered by Committee on Education.
AB674-ASA1,2,13 1An Act to repeal 115.28 (19) (a), 118.51 (5) (a) 5. and 121.54 (4) (b); to renumber
2115.28 (19) (b) and 121.54 (4) (a); to amend 15.377 (1), 20.255 (1) (d), 20.255 (2)
3(b) (title), 20.255 (2) (bh), 20.255 (2) (br), 20.866 (2) (zh), 36.25 (19), 46.21 (1) (d),
446.23 (2) (a), 46.56 (1) (m), 46.56 (3) (a) 6., 46.56 (3) (d) 1. d., 46.56 (5) (a), 46.56
5(8) (a), 46.56 (8) (g), 46.56 (15) (d), 48.14 (7), 48.345 (intro.), 48.345 (12) (d),
648.428 (3) (e), 48.60 (4), 51.05 (5), 51.06 (2), 51.42 (3) (ar) 7., 51.437 (4m) (g),
770.11 (10m), 70.11 (22), 79.03 (3) (b) 4. a., 79.10 (1) (e), chapter 115 (title), 115.28
8(3), 115.28 (7) (c), 115.28 (11), 115.28 (13), 115.29 (5), 115.362 (4) (a), 115.37,
9subchapter III of chapter 115 (title) [precedes 115.51], 115.51 (1), 115.52 (1),
10115.52 (5), 115.52 (7), 115.53 (2), 115.55, 115.74 (1) (a) 3., 116.08 (4), 118.15 (1)
11(dm), 118.15 (3) (a), 118.15 (3) (b), 118.22 (1) (a), 118.255 (2) (a), 118.255 (2) (b),
12118.255 (2) (c), 118.255 (3), 118.255 (4), 118.29 (2) (a) (intro.), 118.29 (2) (b),
13118.29 (3), 118.29 (4), 118.295, 118.31 (1), 118.33 (2) (m), 118.51 (1) (a), 118.51

1(5) (a) 4., 118.51 (5) (a) 6., 118.51 (12), 118.51 (13m), 118.51 (14) (a) 2., 118.51
2(17), 118.52 (6) (a), 118.55 (7r) (am), 118.55 (7r) (dm), 119.18 (20), 119.28 (1),
3119.72 (2) (d), 120.13 (26m), 121.004 (10), 121.05 (1) (a) 1., 121.05 (1) (a) 2.,
4121.05 (1) (a) 6., 121.135 (title), 121.135 (1), 121.135 (2) (a) 1., 121.135 (2) (a)
52., 121.135 (2) (c), 121.135 (3), 121.14 (1), 121.14 (2) (b), 121.14 (3), 121.41 (1),
6121.54 (3), 121.55 (3), 121.57 (1) (b), 121.58 (3), 121.76 (1) (a), 121.76 (1) (b),
7121.77 (1) (b), 121.78 (3) (a), 121.83 (1) (a) 3. (intro.) and b., 121.83 (1) (c),
8121.905 (3) (a), 121.905 (3) (b), 121.91 (4) (a) 3., 253.02 (1) (a), 253.12 (1) (g),
9254.162 (1) (d), 340.01 (56) (a) 4., 346.475, 448.56 (1), 814.04 (intro.), 904.085
10(2) (a), 938.34 (7d) (d) and 938.345 (1) (e); to repeal and recreate 15.377 (4),
11subchapter V of chapter 115 [precedes 115.758], 118.15 (4m) and 118.30 (2) (b)
121.; and to create 115.001 (15) of the statutes; relating to: special education
13programs for children with disabilities and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB674-ASA1, s. 1 14Section 1. 15.377 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is
15amended to read:
AB674-ASA1,3,316 15.377 (1) Council on the education of the blind. There is created in the
17department of public instruction a council on the education of the blind consisting
18of 3 members, who shall be visually handicapped have a visual impairment and shall
19have a recognized interest in and a demonstrated knowledge of the problems of the
20visually handicapped
children who have visual impairments, appointed by the state
21superintendent of public instruction for staggered 6-year terms. "Visually
22handicapped"
"Visual impairment" means having a) a visual acuity equal to or less
23than 20/70 in the better eye with correcting lenses, or b) a visual acuity greater than

120/70 in the better eye with correcting lenses, but accompanied by a limitation in the
2field of vision such that the widest diameter of the visual field subtends an angle no
3greater than 20 degrees.
AB674-ASA1, s. 2 4Section 2. 15.377 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is
5repealed and recreated to read:
AB674-ASA1,3,216 15.377 (4) Council on special education. There is created in the department
7of public instruction a council on special education to advise the state superintendent
8of public instruction about the unmet educational needs of children with disabilities,
9in developing evaluations and reporting on data to the federal department of
10education, in developing plans to address findings identified in federal monitoring
11reports, in developing and implementing policies relating to the coordination of
12services for children with disabilities and on any other matters upon which the state
13superintendent wishes the council's opinion; and to comment publicly on any rules
14proposed by the department of public instruction regarding the education of children
15with disabilities. The state superintendent of public instruction shall appoint the
16members of the council for 3-year terms, and shall ensure that a majority of the
17members are individuals with disabilities or parents of children with disabilities and
18that the council is representative of the state population, as determined by the state
19superintendent. The council shall be composed of individuals who are involved in,
20or concerned with, the education of children with disabilities, including all of the
21following:
AB674-ASA1,3,2222 (a) Teachers of regular education and teachers of special education.
AB674-ASA1,3,2423 (b) Representatives of institutions of higher education that train special
24education and related services personnel.
AB674-ASA1,3,2525 (c) State and local education officials.
AB674-ASA1,4,1
1(d) Administrators of programs for children with disabilities.
AB674-ASA1,4,32 (e) Representatives of agencies other than the department of public instruction
3involved in the financing or delivery of related services to children with disabilities.
AB674-ASA1,4,44 (f) Representatives of private schools and charter schools.
AB674-ASA1,4,65 (g) At least one representative of a vocational, community or business
6organization that provides transition services for children with disabilities.
AB674-ASA1,4,77 (h) Representatives from the department of corrections.
AB674-ASA1,4,88 (i) Parents of children with disabilities.
AB674-ASA1,4,99 (j) Individuals with disabilities.
AB674-ASA1, s. 3 10Section 3. 20.255 (1) (d) of the statutes is amended to read:
AB674-ASA1,4,1611 20.255 (1) (d) Principal repayment and interest. A sum sufficient to reimburse
12s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing
13the acquisition, construction, development, enlargement or improvement of
14institutional facilities for the individuals with hearing impaired impairments and
15visually handicapped visual impairments under s. 115.52 and reference and loan
16library facilities under s. 43.05 (11).
AB674-ASA1, s. 4 17Section 4. 20.255 (2) (b) (title) of the statutes is amended to read:
AB674-ASA1,4,1818 20.255 (2) (b) (title) Aids for handicapped special education.
AB674-ASA1, s. 5 19Section 5. 20.255 (2) (bh) of the statutes is amended to read:
AB674-ASA1,4,2220 20.255 (2) (bh) (title) Aid to county handicapped children's children with
21disabilities
education boards. The amounts in the schedule for aid to county
22handicapped children's children with disabilities education boards under s. 121.135.
AB674-ASA1, s. 6 23Section 6. 20.255 (2) (br) of the statutes, as affected by 1997 Wisconsin Act 27,
24is amended to read:
AB674-ASA1,5,6
120.255 (2) (br) (title) Aid for handicapped special education transportation.
2The amounts in the schedule for the payment of handicapped special education
3transportation aid under s. 115.88 (2). If the amount appropriated under this
4paragraph is insufficient to pay the full amount of aid under s. 115.88 (2), the balance
5shall be paid from the appropriation under par. (b). No moneys may be encumbered
6from the appropriation under this paragraph after June 30, 1993.
AB674-ASA1, s. 7 7Section 7. 20.866 (2) (zh) of the statutes, as affected by 1997 Wisconsin Act 27,
8is amended to read:
AB674-ASA1,5,159 20.866 (2) (zh) Public instruction; state schools and library facilities. From the
10capital improvement fund, a sum sufficient for the department of public instruction
11to acquire, construct, develop, enlarge or improve institutional facilities for the
12individuals with hearing impaired impairments and the visually handicapped
13individuals with visual impairments and reference and loan library facilities. The
14state may contract public debt in an amount not to exceed $7,367,700 for this
15purpose.
AB674-ASA1, s. 8 16Section 8. 36.25 (19) of the statutes is amended to read:
AB674-ASA1,5,2117 36.25 (19) Model school special education program. (a) The board may
18establish at the University of Wisconsin-Madison a model school for children with
19exceptional educational needs disabilities, as defined in s. 115.76 (3) (5). The school
20shall utilize practical demonstration techniques to train teachers and other support
21personnel under s. 115.28 (7) (c).
AB674-ASA1,6,222 (b) The board may enter into an agreement with the school board of any school
23district to provide special education and other related services through the model
24school to children with exceptional educational needs disabilities. The board may
25charge tuition for children served in the model school. Tuition charges made under

1such agreements shall be based on the net cost of providing the special education and
2other related services.
AB674-ASA1, s. 9 3Section 9. 46.21 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 27,
4is amended to read:
AB674-ASA1,6,125 46.21 (1) (d) "Human services" means the total range of services to people,
6including mental illness treatment, developmental disabilities services, physical
7disabilities services, relief funded by a relief block grant under ch. 49, income
8maintenance, youth probation and parole services, alcohol and drug abuse services,
9services to children, youth and families, family counseling, exceptional educational
10early intervention services for children from birth to the age of 3 and manpower
11services. "Human services" does not include child welfare services under s. 48.48 (17)
12administered by the department in a county having a population of 500,000 or more.
AB674-ASA1, s. 10 13Section 10. 46.23 (2) (a) of the statutes is amended to read:
AB674-ASA1,6,1914 46.23 (2) (a) "Human services" means the total range of services to people
15including, but not limited to, health care, mental illness treatment, developmental
16disabilities services, relief funded by a block grant under ch. 49, income
17maintenance, probation and parole services, alcohol and drug abuse services,
18services to children, youth and aging, family counseling, exceptional educational
19special education services and manpower services.
AB674-ASA1, s. 11 20Section 11. 46.56 (1) (m) of the statutes is amended to read:
AB674-ASA1,7,221 46.56 (1) (m) "Service coordination agency" means a county department,
22agency, school district, cooperative educational service agency or county
23handicapped children's children with disabilities education board designated in an
24interagency agreement by a coordinating committee to provide intake and service

1coordination for one or more target groups of eligible children with severe disabilities
2and their families.
AB674-ASA1, s. 12 3Section 12. 46.56 (3) (a) 6. of the statutes is amended to read:
AB674-ASA1,7,84 46.56 (3) (a) 6. The largest school district in the county and any cooperative
5educational service agency, if it provides special education in the county, or any
6county handicapped children's children with disabilities education board in the
7county, and any other school district in the county that is willing to participate in the
8program, at the discretion of the administering agency.
AB674-ASA1, s. 13 9Section 13. 46.56 (3) (d) 1. d. of the statutes is amended to read:
AB674-ASA1,7,1510 46.56 (3) (d) 1. d. Review determinations by the service coordination agency
11regarding eligibility, assessment, appropriate services, or funding of services at the
12request of any applicant, recipient, parent or participating county department,
13agency, school district, cooperative educational service agencies or county
14handicapped children's children with disabilities education boards. The committee
15shall adopt written procedures for conducting reviews.
AB674-ASA1, s. 14 16Section 14. 46.56 (5) (a) of the statutes is amended to read:
AB674-ASA1,7,2017 46.56 (5) (a) The identity of every county department, agency, school district,
18cooperative educational service agency or county handicapped children's children
19with disabilities
education board, technical college district or other organization that
20will participate in the program.
AB674-ASA1, s. 15 21Section 15. 46.56 (8) (a) of the statutes is amended to read:
AB674-ASA1,8,222 46.56 (8) (a) Referrals to the program may come from any county departments,
23agencies, school districts, cooperative educational service agencies, county
24handicapped children's children with disabilities education boards, technical college
25districts, courts assigned to exercise jurisdiction under chs. 48 and 938 or any other

1organization or the child with severe disabilities or his or her family may contact the
2administering agency or service coordination agency to request services.
AB674-ASA1, s. 16 3Section 16. 46.56 (8) (g) of the statutes is amended to read:
AB674-ASA1,8,114 46.56 (8) (g) The service coordinator shall assemble the results of all prior
5relevant assessments and evaluations documenting the service needs of the child
6with severe disabilities and the child's family, including multidisciplinary
7individualized education program team evaluations under s. 115.80 (3) 115.782 or
8independent educational evaluations, court-ordered evaluations under s. 48.295 or
9938.295, family support program evaluations, community integration program or
10community options program assessments, and any other available medical,
11psychiatric, psychological, vocational or developmental evaluations.
AB674-ASA1, s. 17 12Section 17. 46.56 (15) (d) of the statutes is amended to read:
AB674-ASA1,8,1613 46.56 (15) (d) In order to apply for funding, at least one school district,
14cooperative educational service agency or county handicapped children's children
15with disabilities
education board serving children with severe disabilities in the
16county must participate in the program.
AB674-ASA1, s. 18 17Section 18. 48.14 (7) of the statutes is amended to read:
AB674-ASA1,8,1818 48.14 (7) Appeals under s. 115.81 115.80 (7).
AB674-ASA1, s. 19 19Section 19. 48.345 (intro.) of the statutes is amended to read:
AB674-ASA1,9,2 2048.345 Disposition of child adjudged in need of protection or services.
21(intro.) If the judge finds that the child is in need of protection or services, the judge
22shall enter an order deciding one or more of the dispositions of the case as provided
23in this section under a care and treatment plan, except that the order may not place
24any child not specifically found under chs. 46, 49, 51, 115 and 880 to be
25developmentally disabled, mentally ill or to have exceptional educational needs a

1disability specified in s. 115.76 (5)
in facilities which exclusively treat those
2categories of children. The dispositions under this section are as follows:
AB674-ASA1, s. 20 3Section 20. 48.345 (12) (d) of the statutes is amended to read:
AB674-ASA1,9,54 48.345 (12) (d) This subsection does not apply to a child with exceptional
5educational needs
a disability, as defined under s. 115.76 (3) (5).
AB674-ASA1, s. 21 6Section 21. 48.428 (3) (e) of the statutes is amended to read:
AB674-ASA1,9,87 48.428 (3) (e) The authority to act as the child's parent under ss. 115.80, 115.81
8subch. V of ch. 115 and s. 118.125.
AB674-ASA1, s. 22 9Section 22. 48.60 (4) of the statutes is amended to read:
AB674-ASA1,9,1110 48.60 (4) (a) In this subsection, "child with exceptional educational needs a
11disability
" has the meaning given in s. 115.76 (3) (5).
AB674-ASA1,9,1712 (b) Notwithstanding ss. 115.85 (2), 121.78 (3) (a) and 121.79 (1) (a), a child
13welfare agency shall pay for the costs incurred by a school district in providing
14special education and related services to a child with exceptional educational needs
15a disability who is a resident of the child welfare agency, if the child was placed in
16the child welfare agency pursuant to the interstate compact on the placement of
17children under s. 48.988.
AB674-ASA1, s. 23 18Section 23. 51.05 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is
19amended to read:
AB674-ASA1,9,2520 51.05 (5) School activities. If an individual over the age of 2 and under the
21age of 22 and eligible for schooling special education and related services under ss.
22115.76 (2) and 115.85
subch. V of ch. 115 is committed, admitted or transferred to or
23is a resident of the Mendota mental health institute or Winnebago mental health
24institute, the individual shall attend a school program operated by the applicable
25mental health institute or a school outside the applicable mental health institute

1which is approved by the department of public instruction. A school program
2operated by the Mendota mental health institute or Winnebago mental health
3institute shall be under the supervision of the department of public instruction and
4shall meet standards prescribed by that agency.
AB674-ASA1, s. 24 5Section 24. 51.06 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is
6amended to read:
AB674-ASA1,10,147 51.06 (2) School activities. If an individual over the age of 2 years and under
8the age of 22 years and eligible for schooling special education and related services
9under ss. 115.76 (2) and 115.85 subch. V of ch. 115 is admitted to, is placed in or is
10a resident of a center, the individual shall attend a school program operated by the
11center or a school outside the center which is approved by the department of public
12instruction. A school program operated by the center shall be under the supervision
13of the department of public instruction and shall meet standards prescribed by that
14agency.
AB674-ASA1, s. 25 15Section 25. 51.42 (3) (ar) 7. of the statutes is amended to read:
AB674-ASA1,10,1716 51.42 (3) (ar) 7. Acknowledge receipt of the notification received under s. 115.85
17(4)
115.812 (2).
AB674-ASA1, s. 26 18Section 26. 51.437 (4m) (g) of the statutes is amended to read:
AB674-ASA1,10,2019 51.437 (4m) (g) Acknowledge receipt of the notification received under s. 115.85
20(4)
115.812 (2).
AB674-ASA1, s. 27 21Section 27. 70.11 (10m) of the statutes is amended to read:
AB674-ASA1,11,222 70.11 (10m) (title) Lions foundation camps for visually handicapped children
23with visual impairments. Lands not exceeding 40 acres and the buildings thereon
24owned by the Wisconsin Lions Foundation and used as camps for visually

1handicapped
children with visual impairments, so long as the property is used for
2such purposes and not for pecuniary profit of any individual.
AB674-ASA1, s. 28 3Section 28. 70.11 (22) of the statutes is amended to read:
AB674-ASA1,11,114 70.11 (22) (title) Camps for handicapped persons with disabilities. Lands not
5exceeding 10 acres and the buildings thereon owned by the Wisconsin Easter Seal
6Society for Crippled Children and Adults, Incorporated, and known as Camp
7Wawbeek, used for camps for physically handicapped children and adults with
8orthopedic impairments
and not to exceed 371 acres of wooded and meadowland
9adjacent thereto used in connection therewith, excluding a caretaker's home and 10
10acres of land in connection therewith, so long as the property is used solely for such
11purposes and not for pecuniary profit of any individual.
AB674-ASA1, s. 29 12Section 29. 79.03 (3) (b) 4. a. of the statutes, as affected by 1997 Wisconsin Act
1327
, is amended to read:
AB674-ASA1,11,2314 79.03 (3) (b) 4. a. "Local general purpose taxes" means the portion of tax
15increments collected for payment to a municipality under s. 66.46 which is
16attributable to that municipality's own levy, the portion of environmental
17remediation tax increments collected for payment to a municipality or county under
18s. 66.462 that is attributable to that municipality's or county's own levy, general
19property taxes, excluding taxes for a county handicapped children's children with
20disabilities
education board, collected to finance the general purpose government
21unit, property taxes collected for sewage and sanitary districts, mobile home fees, the
22proceeds of county sales and use taxes and municipal and county vehicle registration
23fees under s. 341.35 (1).
AB674-ASA1, s. 30 24Section 30. 79.10 (1) (e) of the statutes is amended to read:
AB674-ASA1,12,4
179.10 (1) (e) "School tax levies" means property taxes levied in a municipality
2for elementary and secondary school districts and for handicapped children's county
3children with disabilities
education board programs under s. 115.86 115.817, net of
4municipal surplus funds applied against those levies.
AB674-ASA1, s. 31 5Section 31. Chapter 115 (title) of the statutes, as affected by 1997 Wisconsin
6Act 27
, is amended to read:
AB674-ASA1,12,77 CHAPTER 115
AB674-ASA1,12,118 state superintendent; GENERAL
9 CLASSIFICATIONS AND DEFINITIONS;
10HANDICAPPED CHILDREN with
11 disabilities
AB674-ASA1, s. 32 12Section 32. 115.001 (15) of the statutes is created to read:
Loading...
Loading...