Amendment ASA1-AB133

AB133-ASA1,1097,12 115.75 (3) If the appropriation under s. 20.255 (2) (ci) (km) in any year is insufficient to pay the full amount of aid under this section, state aid payments shall be prorated among the alternative schools entitled to such aid.

AB133-ASA1, s. 2055m Section 2055m. 115.775 of the statutes is created to read:

AB133-ASA1,1097,16 115.775 Duties of operators of certain charter schools. An operator of a charter school under s. 118.40 (2r) is a local educational agency, as defined in 20 USC 1401 (15), and shall comply with 20 USC 1400 to 1491o.

AB133-ASA1, s. 2057 Section 2057. 115.88 (1m) (a) of the statutes is amended to read:

AB133-ASA1,1098,4 115.88 (1m) (a) If, upon receipt of the plan under s. 115.77 (4), the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency and school district maintaining such special education program a sum equal to 63% of the amount expended by the county, agency and school district during the preceding year for salaries of personnel enumerated in sub. (1), including the salary portion of any authorized contract for physical or occupational therapy services, except as provided in par. (b), and other expenses approved by the state superintendent. The department of administration shall pay such amounts to the county, agency and school district as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB133-ASA1, s. 2058 Section 2058. 115.88 (1m) (am) of the statutes is created to read:

AB133-ASA1,1098,19 115.88 (1m) (am) If the operator of a charter school established under s. 118.40 (2r) operates a special education program and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for salaries of full-time or part-time licensed teachers, licensed coordinators of special education, licensed school social workers, licensed school psychologists, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel, as determined by the state superintendent. Certified costs under this paragraph are eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The state superintendent may audit costs under this paragraph and adjust reimbursement to cover only actual, eligible costs.

AB133-ASA1, s. 2059 Section 2059. 115.88 (1m) (b) of the statutes is repealed.

AB133-ASA1, s. 2060 Section 2060. 115.88 (2) of the statutes is amended to read:

AB133-ASA1,1099,11 115.88 (2) Transportation aid. If upon receipt of the plan under s. 115.77 (4) the state superintendent is satisfied that the transportation of children with disabilities has been maintained during the preceding year in accordance with the law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency or school district transporting such pupils 63% of an amount equal to the amount expended for such transportation as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b) and (br). Pupils for whom aid is paid under this subsection shall not be eligible for aid under s. 121.58 (2) or (4). The department of administration shall pay such amounts to the county, agency or school district from the appropriations under s. 20.255 (2) (b) and (br). This subsection applies to any child with a disability who requires special assistance in transportation, including any such child attending regular classes who requires special or additional transportation. This subsection does not apply to any child with a disability attending regular or special classes who does not require any special or additional transportation.

AB133-ASA1, s. 2061 Section 2061. 115.88 (2m) of the statutes is created to read:

AB133-ASA1,1099,22 115.88 (2m) Other transportation aid. If the operator of a charter school established under s. 118.40 (2r) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.

AB133-ASA1, s. 2061e Section 2061e. 115.88 (3) of the statutes is amended to read:

AB133-ASA1,1100,9 115.88 (3) Board and lodging aid. There shall be paid the amount expended for board and lodging and transportation between the boarding home and the special education program of nonresident children enrolled under s. 115.82 (1) in the special education program. The department shall certify the full amount to the department of administration which shall pay such amount from the appropriation under s. 20.255 (2) (b) to the in favor of each school district, cooperative educational service agency, county children with disabilities education board, state agency of another state or private, nonsectarian special education service which operates the special education program while providing board, lodging and transportation an amount equal to the amount expended for such board and lodging and transportation as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB133-ASA1, s. 2061m Section 2061m. 115.88 (6) of the statutes is amended to read:

AB133-ASA1,1100,17 115.88 (6) Aid for instruction outside of district. From the appropriation under s. 20.255 (2) (b) there shall be paid the full cost of salary The department shall certify to the department of administration, in favor of each school district, an amount equal to the amount expended for salaries and travel expenses, in amounts as determined in advance by the state superintendent, to school districts for providing special education outside the school district of employment , as eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB133-ASA1, s. 2061s Section 2061s. 115.88 (8) of the statutes is amended to read:

AB133-ASA1,1101,4 115.88 (8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.51 a sum equal to the percentage of the approved costs under subs. (1) and (2) of the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program. The department of administration shall pay the amount to the school district as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB133-ASA1, s. 2062 Section 2062. 115.88 (9) of the statutes is amended to read:

AB133-ASA1,1101,10 115.88 (9) Distribution schedule. Each county, cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) and school district entitled to state aid under this section shall receive 15% of its total aid entitlement in each month from November to March and 25% of its total entitlement in June.

AB133-ASA1, s. 2063 Section 2063. 115.882 of the statutes is repealed and recreated to read:

AB133-ASA1,1101,16 115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b) and (br) under ss. 115.88 (1m) to (3), (6) and (8), 115.93 and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for such costs, not to exceed 100%.

AB133-ASA1, s. 2064 Section 2064. 115.93 (1) of the statutes is renumbered 115.93 and amended to read:

AB133-ASA1,1102,3 115.93 State aid. Except as provided under sub. (2), if If upon receipt of the reports under s. 115.92 (2) the state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to 63% of the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the state superintendent. The department of administration shall pay such amounts to the school district as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB133-ASA1, s. 2065 Section 2065. 115.93 (2) of the statutes is repealed.

AB133-ASA1, s. 2065m Section 2065m. 115.995 of the statutes is renumbered 115.995 (intro.) and amended to read:

AB133-ASA1,1102,10 115.995 State aids. (intro.) Upon receipt of the report under s. 115.993, if the state superintendent is satisfied that the bilingual-bicultural education program for the previous school year was maintained in accordance with this subchapter, the state superintendent shall certify do all of the following:

AB133-ASA1,1102,19 (2) Certify to the department of administration in favor of the school district a sum equal to a percentage of the amount expended on limited-English speaking pupils by the school district during the preceding year for salaries of personnel participating in and attributable to bilingual-bicultural education programs under this subchapter, special books and equipment used in the bilingual-bicultural programs and other expenses approved by the state superintendent. The percentage shall be determined by dividing the amount in the appropriation under s. 20.255 (2) (cc) in the current school year less $250,000 by the total amount of aidable costs in the previous school year.

AB133-ASA1, s. 2065n Section 2065n. 115.995 (1) of the statutes is created to read:

AB133-ASA1,1102,25 115.995 (1) From the appropriation under s. 20.255 (2) (cc), divide proportionally, based upon costs reported under s. 115.993, an annual payment of $250,000 among school districts whose enrollments in the previous school year were at least 15% limited-English speaking pupils. Aid paid under this subsection does not reduce aid paid under sub. (2).

AB133-ASA1, s. 2068 Section 2068. 118.153 (3m) of the statutes is renumbered 106.13 (4m) and amended to read:

AB133-ASA1,1103,13 106.13 (4m) (a) After reviewing the recommendations of the governor's council on workforce excellence under s. 106.115 (2) (em), the state superintendent The board may approve an innovative school-to-work program provided by a nonprofit organization for children at risk, as defined in s. 118.153 (1) (a), in a county having a population of 500,000 or more to assist those children at risk in acquiring employability skills and occupational-specific competencies before leaving high school. If the state superintendent board approves a program under this paragraph, the state superintendent board may award a grant, from the appropriation under s. 20.255 (3) (ef) 20.445 (7) (ef), to the nonprofit organization providing the program and the nonprofit organization shall use the funds received under the grant to provide the program.

AB133-ASA1,1103,16 (b) The state superintendent board shall establish requirements for the operation of the grant program under this subsection. Those Notwithstanding sub. (5), those requirements need not be promulgated as rules.

AB133-ASA1, s. 2070 Section 2070. 118.255 (4) of the statutes is amended to read:

AB133-ASA1,1104,5 118.255 (4) If the state superintendent is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each school board, cooperative educational service agency and county children with disabilities education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in s. 115.88 (1m) by the school board, cooperative educational service agency and county children with disabilities education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county children with disabilities education board as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB133-ASA1, s. 2071g Section 2071g. 118.30 (1) (a) of the statutes is renumbered 118.30 (1).

AB133-ASA1, s. 2071r Section 2071r. 118.30 (1) (b) of the statutes is repealed.

AB133-ASA1, s. 2072 Section 2072. 118.30 (1g) (a) of the statutes is renumbered 118.30 (1g) (a) 1.

AB133-ASA1, s. 2073 Section 2073. 118.30 (1g) (a) 2. of the statutes is created to read:

AB133-ASA1,1104,15 118.30 (1g) (a) 2. By January 1, 2000, or by January 1 of the 1st school year of operation, whichever is later, each operator of a charter school under s. 118.40 (2r) shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history. The operator of the charter school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

AB133-ASA1, s. 2074m Section 2074m. 118.30 (1g) (b) of the statutes is repealed.

AB133-ASA1, s. 2075 Section 2075. 118.30 (1g) (c) of the statutes is amended to read:

AB133-ASA1,1104,24 118.30 (1g) (c) Each school board operating elementary grades and each operator of a charter school under s. 118.40 (2r) that operates 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 or operator of the charter school develops or adopts an examination under this paragraph, it shall notify the department.

AB133-ASA1, s. 2076 Section 2076. 118.30 (1m) (intro.) of the statutes is amended to read:

AB133-ASA1,1105,2 118.30 (1m) (intro.) Except as otherwise provided in this section and in s. 118.40 (2r) (d), annually each school board shall do all of the following:

AB133-ASA1, s. 2076g Section 2076g. 118.30 (1m) (a) of the statutes is amended to read:

AB133-ASA1,1105,11 118.30 (1m) (a) 1. 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 take the examination administered under this subdivision that is sufficient for promotion under sub. (5) (a) 1.

AB133-ASA1,1105,16 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 take the examination administered under this subdivision.

AB133-ASA1, s. 2076r Section 2076r. 118.30 (1m) (am) of the statutes is amended to read:

AB133-ASA1,1105,25 118.30 (1m) (am) 1. 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 take the examination administered under this subdivision that is sufficient for promotion under sub. (5) (b) 1.

AB133-ASA1,1106,5 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 take the examination administered under this subdivision.

AB133-ASA1, s. 2077 Section 2077. 118.30 (1m) (b) of the statutes is amended to read:

AB133-ASA1,1106,10 118.30 (1m) (b) Administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade. This paragraph does not apply after the 2000-01 school year.

AB133-ASA1, s. 2078m Section 2078m. 118.30 (1m) (d) of the statutes is repealed.

AB133-ASA1, s. 2080 Section 2080. 118.30 (1r) of the statutes is created to read:

AB133-ASA1,1106,14 118.30 (1r) Annually each operator of a charter school under s. 118.40 (2r) shall do all of the following:

AB133-ASA1,1106,20 (a) 1. 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 charter school in the 4th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed or adopted its own 4th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.

AB133-ASA1,1106,25 2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the charter school in the 4th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.

AB133-ASA1,1107,6 (am) 1. 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 charter school in the 8th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed and adopted its own 8th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.

AB133-ASA1,1107,11 2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the charter school in the 8th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.

AB133-ASA1,1107,13 (b) Administer the 10th grade examination to all pupils enrolled in the charter school in the 10th grade.

AB133-ASA1, s. 2081 Section 2081. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

AB133-ASA1,1107,17 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or operator of the charter school under s. 118.40 (2r) shall comply with s. 115.77 (1) (1m) (bg).

AB133-ASA1,1107,23 2. According to criteria established by the state superintendent by rule, the school board or operator of the charter school under s. 118.40 (2r) may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.

AB133-ASA1, s. 2082 Section 2082. 118.30 (2) (b) 3. of the statutes is amended to read:

AB133-ASA1,1108,3 118.30 (2) (b) 3. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under this section sub. (1m) (a), (am) or (b).

AB133-ASA1, s. 2082g Section 2082g. 118.30 (2) (b) 4. of the statutes is created to read:

AB133-ASA1,1108,7 118.30 (2) (b) 4. Upon the request of a pupil's parent or guardian, the operator of a charter school under s. 118.40 (2r) shall excuse the pupil from taking an examination administered under sub. (1r) (a), (am) or (b).

AB133-ASA1, s. 2082r Section 2082r. 118.30 (5) of the statutes is repealed.

AB133-ASA1, s. 2084 Section 2084. 118.30 (6) of the statutes is amended to read:

AB133-ASA1,1108,17 118.30 (6) A school board and an operator of a charter school under s. 118.40 (2r) 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 or the operator of the charter school administers its own 4th and 8th grade examinations, the school board or operator of the charter school 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.

AB133-ASA1, s. 2084m Section 2084m. 118.33 (title) of the statutes is amended to read:

AB133-ASA1,1108,19 118.33 (title) High school graduation standards; criteria for promotion.

AB133-ASA1, s. 2085m Section 2085m. 118.33 (1) (cm) of the statutes is repealed.

AB133-ASA1, s. 2086f Section 2086f. 118.33 (1) (e) of the statutes is repealed.

AB133-ASA1, s. 2086m Section 2086m. 118.33 (6) of the statutes is created to read:

AB133-ASA1,1109,5 118.33 (6) (a) 1. Each school board shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (a) or (am), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b), the pupil's academic performance and the recommendations of teachers, and may include any other criteria specified by the school board. Except as provided in par. (b) 1., the criteria apply to pupils enrolled in charter schools located in the school district.

AB133-ASA1,1109,12 2. Except as provided in par. (b) 2., beginning on September 1, 2002, a school board may not promote a 4th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 5th grade, and may not promote an 8th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the school board's policy adopted under subd. 1.

AB133-ASA1,1109,19 (b) 1. Each operator of a charter school under s. 118.40 (2r) shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1r) (a) or (am), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b), the pupil's academic performance and the recommendations of teachers, and may include any other criteria specified by the operator of the charter school.

AB133-ASA1,1109,23 2. Beginning on September 1, 2002, an operator of a charter school under s. 118.40 (2r) may not promote a 4th grade pupil to the 5th grade, and may not promote an 8th grade pupil to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the charter school operator's policy under subd. 1.

AB133-ASA1, s. 2086t Section 2086t. 118.34 (4) of the statutes is created to read:

AB133-ASA1,1110,17 118.34 (4) The governor's work-based learning board shall review the local technical preparation programs established under sub. (1) as operated during the 1999-2000 fiscal year, the organizational structure used to implement those programs during that fiscal year and the allocation of funding to those programs for that fiscal year to determine whether those programs, that organizational structure and that allocation of funding should continue in the manner in which they were provided during the 1999-2000 fiscal year beyond that fiscal year and shall submit a plan for the implementation of those programs beyond the 1999-2000 fiscal year to the joint committee on finance by June 15, 2000. If the cochairpersons of the committee do not notify the governor's work-based learning board within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the board may implement the plan, notwithstanding subs. (1), (2) and (3). If within 14 working days after the date of submittal of the plan, the cochairpersons of the committee notify the governor's work-based learning board that the committee has scheduled a meeting for the purpose of reviewing the plan, the board may implement the plan, notwithstanding subs. (1), (2) and (3), only as approved or modified by the committee.

AB133-ASA1, s. 2088 Section 2088. 118.40 (2) (a) of the statutes is amended to read:

AB133-ASA1,1110,24 118.40 (2) (a) Within 30 days after receiving a petition under sub. (1m) the school board shall hold a public hearing on the petition. At the hearing, the school board shall consider the level of employe and parental support for the establishment of the charter school described in the petition and the fiscal impact of the establishment of the charter school on the school district. After the hearing, the school board may grant the petition.

AB133-ASA1, s. 2089 Section 2089. 118.40 (2) (c) of the statutes is amended to read:

AB133-ASA1,1111,7 118.40 (2) (c) The school board of the school district operating under ch. 119 shall either grant or deny the petition within 30 days after the public hearing. If the school board of the school district operating under ch. 119 denies a petition, the person seeking to establish the charter school may, within 30 days after the denial, appeal the denial to the department. The department shall issue a decision within 30 days after receiving the appeal. The department's decision is final and not subject to judicial review under ch. 227.

AB133-ASA1, s. 2090 Section 2090. 118.40 (2r) (d) 2. of the statutes is amended to read:

AB133-ASA1,1111,10 118.40 (2r) (d) 2. Administer the examinations under ss. 118.30 (1m) (1r) and 121.02 (1) (r) to pupils enrolled in charter schools under this subsection.

AB133-ASA1, s. 2090m Section 2090m. 118.40 (2r) (e) of the statutes is amended to read: