Amendment ASA1-AB768

AB768-ASA1,281,17 111.91 (2) (p) The requirements related to coverage of drugs and devices under s. 632.853.

AB768-ASA1, s. 357e Section 357e. 111.91 (2) (q) of the statutes is created to read:

AB768-ASA1,281,20 111.91 (2) (q) The requirements related to experimental treatment under s. 632.855.

AB768-ASA1, s. 358 Section 358. 115.31 (title) of the statutes is amended to read:

AB768-ASA1,281,22 115.31 (title) License or permit revocation; reports; investigation.

AB768-ASA1, s. 359 Section 359. 115.31 (6m) of the statutes is created to read:

AB768-ASA1,282,2 115.31 (6m) The department of public instruction shall, without a hearing, revoke a license or permit granted by the department of public instruction if the department of revenue certifies under s. 73.0301 that the licensee or permit holder is liable for delinquent taxes.

AB768-ASA1, s. 360 Section 360. 115.405 of the statutes is created to read:

AB768-ASA1,282,16 115.405 Grant program for peer review and mentoring. (1) A cooperative educational service agency or a consortium consisting of 2 or more school districts or cooperative educational service agencies, or a combination thereof, may apply to the department for a grant to provide technical assistance and training for teachers who are licensed or have been issued a permit under ss. 115.28 (7) and 118.192 to implement peer review and mentoring programs. An applicant for a grant under this section shall submit to the department a plan identifying the school districts and cooperative educational service agencies that will participate in the peer review and mentoring program and describing how the grant funds will be allocated. As a condition of receiving a grant under this section, a cooperative educational service agency or a consortium shall provide matching funds in an amount equal to at least 20% of the amount of the grant awarded. The matching funds may be in the form of money or in-kind services or both.

AB768-ASA1,282,19 (2) The department shall award grants from the appropriation under s. 20.255 (2) (fk). The department may not award more than $25,000 to an applicant in a fiscal year.

AB768-ASA1,282,21 (3) The department shall promulgate rules to implement and administer this section.

AB768-ASA1, s. 361 Section 361. 115.42 of the statutes is created to read:

AB768-ASA1,282,25 115.42 National teacher certification. (1) (a) Subject to par. (b), in the 1999-2000 school year the department shall award a $2,000 grant to any person who satisfies all of the following requirements:

AB768-ASA1,283,2 1. The person is certified by the National Board for Professional Teaching Standards before July 1, 2000.

AB768-ASA1,283,4 2. The person is licensed as a teacher by the state superintendent or employed as a teacher in a private school located in this state.

AB768-ASA1,283,5 3. The person is a resident of this state.

AB768-ASA1,283,6 4. The person is employed as a teacher in this state.

AB768-ASA1,283,7 (b) The department may award a grant under par. (a) to no more than 20 people.

AB768-ASA1,283,10 (2) In the 2000-01 school year and in each of the 7 succeeding school years, the department shall award a $2,500 grant to each person who received a grant under sub. (1) if the person satisfies all of the following requirements:

AB768-ASA1,283,12 (a) The person maintains his or her certification by the National Board for Professional Teaching Standards.

AB768-ASA1,283,14 (b) The person maintains his or her license as a teacher by the state superintendent or remains employed in a private school located in this state.

AB768-ASA1,283,15 (c) The person remains a resident of this state.

AB768-ASA1,283,16 (d) The person remains employed as a teacher in this state.

AB768-ASA1,283,21 (3) The department may not require, as a condition for renewing a person's teaching license, that the person have earned continuing professional education credits or their equivalent in the 5 years immediately preceding his or her application for renewal if he or she has been initially certified by the National Board for Professional Teaching Standards during those 5 years.

AB768-ASA1,283,23 (4) The department shall promulgate rules to implement and administer this section, including rules relating to all of the following:

AB768-ASA1,283,24 (a) The application process, including necessary documentation.

AB768-ASA1,283,25 (b) The selection process for grant recipients.

AB768-ASA1,284,2 (c) The number of times that a teacher may be exempt from continuing professional education requirements under sub. (3).

AB768-ASA1, s. 361g Section 361g. 115.76 (10) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), is amended to read:

AB768-ASA1,284,11 115.76 (10) "Local educational agency", except as otherwise provided, means the school district in which the child with a disability resides, or the department of health and family services if the child with a disability resides in an institution or facility operated by the department of health and family services, or the department of corrections if such department is responsible for providing a free appropriate public education to the child with a disability resides in a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5).

AB768-ASA1, s. 361m Section 361m. 115.81 (1) (b) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), is amended to read:

AB768-ASA1,284,21 115.81 (1) (b) "Originating Responsible local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a child caring institution except that if the child resided in an institution or facility operated by the department of health and family services, a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), before the placement of the child in a child caring institution, "responsible local educational agency" means the school district in which the child caring institution is located.

AB768-ASA1, s. 361p Section 361p. 115.81 (3) (a) and (b) (intro.) and 2. b. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), are amended to read:

AB768-ASA1,285,2 115.81 (3) (a) Whenever a county department recommends to a court that a child be placed in a child caring institution or whenever a state agency anticipates placing a child in a child caring institution, the county department or state agency shall notify the originating responsible local educational agency.

AB768-ASA1,285,4 (b) (intro.) For each child identified in a notice under par. (a), the originating responsible local educational agency shall do all of the following:

AB768-ASA1,285,14 2. b. If the originating responsible local educational agency has reasonable cause to believe that the child is a child with a disability, appoint an individualized education program team to conduct an evaluation of the child under s. 115.782. The originating responsible local educational agency may include appropriately licensed staff of the child caring institution in the team if that staff is available. The individualized education program team shall conduct the evaluation. If the individualized education program team determines that the child is a child with a disability, the individualized education program team, in consultation with a county department or a state agency, as appropriate, shall develop an individualized education program and an educational placement offer.

AB768-ASA1, s. 361r Section 361r. 115.81 (4) (intro.) and (a) (intro.) and 4. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), are amended to read:

AB768-ASA1,285,19 115.81 (4) (intro.) Whenever the originating responsible local educational agency offers an educational placement in a child caring institution under sub. (3) (b) 1. or 2. b., all of the following apply:

AB768-ASA1,285,21 (a) (intro.) The originating responsible local educational agency shall do all of the following:

AB768-ASA1,286,2 4. While the child resides at a child caring institution, after consulting with the child caring institution and a county department or a state agency, as appropriate, refer the child to another local educational agency if the originating responsible local educational agency determines that the child's special education needs may be appropriately served in a less restrictive setting in the other local educational agency.

AB768-ASA1, s. 361t Section 361t. 115.81 (4) (b) 2. and 4. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), are amended to read:

AB768-ASA1,286,8 115.81 (4) (b) 2. In cooperation with the originating responsible local educational agency and staff of the child caring institution, participate in the individualized education program team evaluation of the child and the development of the individualized education program for the child.

AB768-ASA1,286,11 4. In cooperation with the originating responsible local educational agency and staff of the child caring institution, develop a reintegration plan for the child if the child is leaving the child caring institution.

AB768-ASA1, s. 361tg Section 361tg. 116.01 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,286,23 116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for a service unit between the school district and the state superintendent. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts and between school districts and the state. Cooperative educational service agencies may provide leadership, coordination and education services to school districts, University of Wisconsin System institutions and centers and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public and private schools, agencies and organizations that provide services to pupils.

AB768-ASA1, s. 361tr Section 361tr. 116.032 (1) of the statutes is amended to read:

AB768-ASA1,287,4 116.032 (1) Subject to subs. (2) to (5), for the purpose of providing services to pupils a board of control may contract with school districts, University of Wisconsin System institutions and centers, technical college district boards, private schools, and agencies or organizations that provide services to pupils.

AB768-ASA1, s. 361u Section 361u. 118.125 (4) of the statutes is amended to read:

AB768-ASA1,287,18 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any state juvenile correctional facility or, secured child caring institution which as defined in s. 938.02 (15g), adult correctional institution, mental health institute or center for the developmentally disabled, that provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB768-ASA1, s. 362 Section 362. 118.19 (1m) of the statutes is created to read:

AB768-ASA1,287,25 118.19 (1m) (a) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,288,4 (b) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date if the department of revenue certifies under s. 73.0301 that the applicant, licensee or permit holder is liable for delinquent taxes.

AB768-ASA1, s. 362c Section 362c. 118.192 (title) of the statutes is amended to read:

AB768-ASA1,288,7 118.192 (title) Professional teaching permits ; mathematics and science and licenses.

AB768-ASA1, s. 362g Section 362g. 118.192 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,288,13 118.192 (1) The state superintendent shall establish an alternative teacher training program for music, art, foreign language, computer science, mathematics and science teachers. The program shall be conducted during the summer and shall consist of approximately 100 hours of formal instruction.

AB768-ASA1, s. 362L Section 362L. 118.192 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,289,2 118.192 (2) An individual who holds a bachelor's degree in engineering, music, art, foreign language, computer science, mathematics, biology, chemistry or physics or science from an accredited institution of higher education, has at least 5 years of experience as an engineer, mathematician or science a professional in the subject area in which his or her degree was awarded and passes the appropriate subject area portion of the national teacher's examination administered by the educational testing service, inc., in mathematics or science demonstrates, to the satisfaction of the state superintendent, competency in that subject area that is current and compatible with modern curricula may apply to the state superintendent for enrollment in the alternative teacher training program. The state superintendent shall charge a fee sufficient to cover the costs of the program.

AB768-ASA1, s. 362p Section 362p. 118.192 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,289,14 118.192 (3) The state superintendent shall grant a professional teaching permit to any person who satisfactorily completes the program under sub. (2). The permit authorizes the person to teach mathematics or science, as the subject area specified by the state superintendent, in grades kindergarten to 12. The initial permit shall be valid for 2 years, if. During the initial permit period, the person is shall be supervised by a person who holds a regular teaching license. The permit is renewable for 5-year periods. The state superintendent shall renew the permit or grant the permit holder a regular teaching license if the school board that employs the person certifies to the state superintendent that the person is a successful teacher.

AB768-ASA1, s. 362t Section 362t. 118.192 (4) (intro.) and (b) of the statutes are consolidated, renumbered 118.192 (4) and amended to read:

AB768-ASA1,289,20 118.192 (4) A school board that employs a person who holds a professional teaching permit shall do all of the following: (b) Ensure ensure that no regularly licensed teacher is removed from his or her position as a result of the employment of persons holding permits.

AB768-ASA1, s. 362x Section 362x. 118.192 (4) (a) of the statutes is repealed.

AB768-ASA1, s. 363 Section 363. 118.30 (1g) (c) of the statutes is created to read:

AB768-ASA1,290,3 118.30 (1g) (c) Each school board operating elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board develops or adopts an examination under this paragraph, it shall notify the department.

AB768-ASA1, s. 364 Section 364. 118.30 (1m) (a) of the statutes is renumbered 118.30 (1m) (a) 1. and amended to read:

AB768-ASA1,290,13 118.30 (1m) (a) 1. Beginning in the 1996-97 school year Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. Beginning on July 1, 2002, if the school board has not developed and adopted its own 4th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5) (a) 1.

AB768-ASA1, s. 365 Section 365. 118.30 (1m) (a) 2. of the statutes is created to read:

AB768-ASA1,290,19 118.30 (1m) (a) 2. Beginning on July 1, 2002, if the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

AB768-ASA1, s. 366 Section 366. 118.30 (1m) (am) of the statutes is renumbered 118.30 (1m) (am) 1. and amended to read:

AB768-ASA1,291,4 118.30 (1m) (am) 1. Administer Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. Beginning on July 1, 2002, if the school board has not developed and adopted its own 8th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5) (b) 1.

AB768-ASA1, s. 367 Section 367. 118.30 (1m) (am) 2. of the statutes is created to read:

AB768-ASA1,291,11 118.30 (1m) (am) 2. Beginning on July 1, 2002, if the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

AB768-ASA1, s. 368 Section 368. 118.30 (5) of the statutes is created to read:

AB768-ASA1,291,15 118.30 (5) (a) Except as provided in par. (c), beginning on July 1, 2002, a school board may not promote a 4th grade pupil to the 5th grade unless one of the following applies:

AB768-ASA1,291,19 1. If the school board does not administer its own 4th grade examination under sub. (1m) (a) 2., the pupil's score in each subject area on the examination administered under sub. (1m) (a) 1. is at the basic level or above, as determined by the state superintendent.

AB768-ASA1,291,22 2. If the school board administers its own 4th grade examination under sub. (1m) (a) 2., the pupil achieves a passing score on that examination, as determined by the school board.

AB768-ASA1,291,24 (b) Except as provided in par. (c), beginning on July 1, 2002, a school board may not promote an 8th grade pupil to the 9th grade unless one of the following applies:

AB768-ASA1,292,4 1. If the school board does not administer its own 8th grade examination under sub. (1m) (am) 2., the pupil's score in each subject area on the examination administered under sub. (1m) (am) 1. is at the basic level or above, as determined by the state superintendent.

AB768-ASA1,292,7 2. If the school board administers its own 8th grade examination under sub. (1m) (am) 2., the pupil achieves a passing score on that examination, as determined by the school board.

AB768-ASA1,292,12 (c) Each school board shall develop alternative criteria for evaluating a pupil who did not take the 4th grade or the 8th grade examination that was required for promotion as a result of sub. (2) (b). A school board may promote a pupil who did not take the examination that was required for promotion as a result of sub. (2) (b) if the pupil satisfies the alternative criteria.

AB768-ASA1, s. 368c Section 368c. 118.30 (6) of the statutes is created to read:

AB768-ASA1,292,19 118.30 (6) A school board is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) (a) if the school board administers its own 4th and 8th grade examinations, the school board provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1) (a), and the federal department of education approves.

AB768-ASA1, s. 368d Section 368d. 118.55 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,292,25 118.55 (1) Definition. In this section, "institution of higher education" means a center or an institution within the university of Wisconsin system, a tribally controlled college or a private, nonprofit institution of higher education located in this state.

AB768-ASA1, s. 368f Section 368f. 118.55 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,293,5 118.55 (5) (a) If the pupil is attending a center or an institution within the university of Wisconsin system, the actual cost of tuition, fees, books and other necessary materials directly related to the course.

AB768-ASA1, s. 368h Section 368h. 120.115 (1) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 120.115 (1) (b).

AB768-ASA1, s. 368j Section 368j. 120.115 (1) (a) of the statutes is created to read: