Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,312,8 " Section 2033r. 111.70 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2, s. 5 Section 5. 111.70 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,313,8 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employes in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employe to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (o) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employes under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employes in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employes by the constitutions of this state and of the United States and by this subchapter.".

AB133-ASA1-AA2,313,9 784. Page 1093, line 2: after that line insert:

AB133-ASA1-AA2,313,10 " Section 2034p. 111.91 (2) (r) of the statutes is created to read:

AB133-ASA1-AA2,313,12 111.91 (2) (r) The definition of "dependent" in s. 40.02 (20) and the restrictions on the scope of insurance coverage specified in s. 40.56.".

AB133-ASA1-AA2,313,13 785. Page 1093, line 2: after that line insert:

AB133-ASA1-AA2,313,14 " Section 2035m. 111.70 (4) (o) of the statutes is created to read:

AB133-ASA1-AA2,313,24 111.70 (4) (o) Permissive subjects of collective bargaining. In a school district, the municipal employer is not required to bargain collectively with respect to the establishment of the school calendar. This paragraph shall not be construed to eliminate a school district's duty to bargain collectively with the recognized or certified representative of school district employes in a collective bargaining unit concerning the total number of days of work and the number of those days which are allocated to different purposes such as days on which school is taught, in-service days, staff preparation days, convention days, paid holidays and parent-teacher conference days, and to bargain collectively with that representative with regard to the impact of the school calendar on wages, hours and conditions of employment.".

AB133-ASA1-AA2,314,1 786. Page 1093, line 2: after that line insert:

AB133-ASA1-AA2,314,2 " Section 2036r. 111.91 (2) (nm) of the statutes is created to read:

AB133-ASA1-AA2,314,4 111.91 (2) (nm) The prohibition under s. 632.872 related to denying payment for certain procedures.".

AB133-ASA1-AA2,314,5 787. Page 1094, line 22: after that line insert:

AB133-ASA1-AA2,314,6 " Section 2042m. 115.28 (42) of the statutes is created to read:

AB133-ASA1-AA2,314,15 115.28 (42) Direct instruction program. From the appropriation under s. 20.255 (1) (me), award a grant of $280,000 annually in the 1999-2000, 2000-01, 2001-02 and 2002-03 fiscal years to the University of Wisconsin-Milwaukee to conduct a direct instruction pilot program. The purpose of the program shall be to determine the efficiency of direct instruction in improving the ability of children to read. By August 1 of 2000, 2001, 2002 and 2003, the University of Wisconsin-Milwaukee shall submit a report to the appropriate standing committees of the legislature under s. 13.172, and to the state superintendent, that describes the findings and conclusions of the study.".

AB133-ASA1-AA2,314,16 788. Page 1094, line 22: after that line insert:

AB133-ASA1-AA2,314,17 " Section 2042g. 115.31 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,315,2 115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin school for the visually handicapped Wisconsin Center for the Blind and Visually Impaired, the Wisconsin school School for the deaf Deaf, the Mendota mental health institute, the Winnebago mental health institute, a state center for the developmentally disabled, a private school or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).".

AB133-ASA1-AA2,315,3 789. Page 1094, line 22: after that line insert:

AB133-ASA1-AA2,315,4 " Section 2042g. 115.28 (43) of the statutes is created to read:

AB133-ASA1-AA2,315,11 115.28 (43) School safety funding. With the department of justice, seek and apply for federal funds relating to school safety and reducing violence and disruption in schools, including funds for alternative schools or programs. Each department shall make a report by January 1, 2001, and January 1, 2003, of its progress in applying for and obtaining funds under this subsection. The report shall be provided to the legislature in the manner provided under s. 13.172 (2) to the cochairpersons of the joint committee on finance and to the governor.".

AB133-ASA1-AA2,315,12 790. Page 1096, line 8: after that line insert:

AB133-ASA1-AA2,315,13 " Section 2047g. 115.37 of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,315,15 115.37 Blind and visual impairment education council. (1) In this section:

AB133-ASA1-AA2,315,16 (a) "Council" means the blind and visual impairment education council.

AB133-ASA1-AA2,315,17 (b) "Visually impaired" has the meaning given in s. 115.51 (4).

AB133-ASA1-AA2,315,21 (2) The state superintendent shall seek the advice of and consult with the council on issues related to persons who are visually impaired. The state superintendent and the director of the Wisconsin Center for the Blind and Visually Impaired, or their designees, shall attend meetings of the council.

AB133-ASA1-AA2,315,22 (3) The council shall do all of the following:

AB133-ASA1-AA2,315,23 (a) Meet at least twice each year.

AB133-ASA1-AA2,316,3 (b) Advise the state superintendent on such statewide services, activities, programs, investigations and research as in its judgment will benefit pupils who are visually impaired.

AB133-ASA1-AA2,316,5 (c) Make recommendations for the improvement of services provided by the Wisconsin Center for the Blind and Visually Impaired.

AB133-ASA1-AA2,316,7 (d) Review the level and quality of services available to pupils in the state who are visually impaired and make recommendations about those services.

AB133-ASA1-AA2,316,9 (e) Propose to the state superintendent ways to improve the preparation of teachers and other staff who provide services to pupils who are visually impaired.

AB133-ASA1-AA2,316,12 (f) Propose to the state superintendent ways to improve coordination between the department and other agencies in providing services to persons who are visually impaired.

AB133-ASA1-AA2,316,13 (4) The council may initiate consultations with the department.

AB133-ASA1-AA2,316,16 (5) The council shall have access to public files, public records and statistics kept in the department that relate to matters concerning children who are visually impaired.".

AB133-ASA1-AA2,316,17 791. Page 1096, line 8: after that line insert:

AB133-ASA1-AA2,316,19 " Section 2048m. 115.38 (1) (b) of the statutes is renumbered 115.38 (1) (b) 1. and amended to read:

AB133-ASA1-AA2,317,2 115.38 (1) (b) 1. Other indicators of school and school district performance, including dropout, attendance, retention in grade and graduation rates ; numbers of suspensions and expulsions; percentage of habitual truants, as defined in s. 118.16 (1) (a); percentage of pupils participating in extracurricular and community activities and advanced placement courses; percentage of graduates enrolled in postsecondary educational programs; and percentage of graduates entering the workforce.

AB133-ASA1-AA2, s. 2048t Section 2048t. 115.38 (1) (b) 2. of the statutes is created to read:

AB133-ASA1-AA2,317,12 115.38 (1) (b) 2. The numbers of suspensions and expulsions; the reasons for which pupils are suspended or expelled, reported according to categories specified by the state superintendent; the length of time for which pupils are expelled, reported according to categories specified by the state superintendent; whether pupils return to school after their expulsion; the educational programs and services, if any, provided to pupils during their expulsions, reported according to categories specified by the state superintendent; the schools attended by pupils who are suspended or expelled; and the grade, sex and ethnicity of pupils who are suspended or expelled and whether the pupils are children with disabilities, as defined in s. 115.76 (5).".

AB133-ASA1-AA2,317,13 792. Page 1097, line 2: after that line insert:

AB133-ASA1-AA2,317,15 " Section 2053b. Subchapter III (title) of chapter 115 [precedes 115.51] of the statutes is amended to read:

AB133-ASA1-AA2,317,16 CHAPTER 115

AB133-ASA1-AA2,317,20 SUBCHAPTER III STATE SCHOOLS school for the deaf and STATE center for the blind and visually impaired

AB133-ASA1-AA2, s. 2053c Section 2053c. 115.51 (1) of the statutes is repealed.

AB133-ASA1-AA2, s. 2053d Section 2053d. 115.51 (3) and (4) of the statutes are created to read:

AB133-ASA1-AA2,317,23 115.51 (3) "Local educational agency" has the meaning given in s. 115.76 (10).

AB133-ASA1-AA2,318,3 (4) "Visually impaired" means loss of vision or blindness as described in the rule promulgated by the state superintendent to define "visual impairments" for the purposes of s. 115.76 (5) (a) 4.

AB133-ASA1-AA2, s. 2053f Section 2053f. 115.52 of the statutes is amended to read:

AB133-ASA1-AA2,318,10 115.52 Wisconsin schools School for the visually handicapped and the deaf Deaf. (1) The object of the Wisconsin school for the visually handicapped and the Wisconsin school School for the deaf Deaf is to afford persons with visual impairments and persons with hearing impairments a practical education and physical rehabilitation which may aid them to make a living, discharge their duties as citizens and secure to them all possible happiness.

AB133-ASA1-AA2,318,15 (2) The state superintendent shall maintain and govern the school for the visually handicapped and the school School for the deaf Deaf. The state superintendent may fix the period of the school year at the schools school at not less than 38 weeks, prescribe the school terms and confer diplomas upon meritorious pupils who have completed the prescribed curricula.

AB133-ASA1-AA2,319,5 (3) All the blind and the deaf residents of this state 6 to 20 years old, and for the duration of a school term all the blind or deaf residents of this state who become 21 years old during that school term, who are capable of receiving instruction shall be received and taught in the schools School for the Deaf free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the state superintendent at an amount not less than $75 per month, but no nonresident shall be received to the exclusion of a resident pupil. The state superintendent also may admit pupils who are 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the superintendent of the school to which the pupil will be assigned School for the Deaf. All pupils shall equally and freely enjoy the benefits and privileges of the schools school and have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination. The schools school may provide transportation for resident pupils.

AB133-ASA1-AA2,319,12 (5) The state superintendent may grant approval for the maintenance of a summer school at the school School for the deaf Deaf whenever it will be to the advantage of persons with hearing impairments and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of children with visual impairments. There shall be a summer school each year at the school for the visually handicapped for adults with visual impairments.

AB133-ASA1-AA2,319,17 (6) The state superintendent may make charges for meals, living quarters, laundry and other services furnished to employes of the schools School for the Deaf and their families. The state superintendent also may make charges for services furnished to visitors at the schools school and participants in training programs and institutes.

AB133-ASA1-AA2,319,23 (7) The Wisconsin school School for the deaf Deaf may provide instruction for preschool children with hearing impairments and their parents. The Wisconsin school for the visually handicapped may provide instruction for preschool children with visual impairments and their parents. Such instruction or treatment shall be subject to the approval of, and shall comply with requirements established by, the department.

AB133-ASA1-AA2, s. 2053h Section 2053h. 115.525 of the statutes is created to read:

AB133-ASA1-AA2,320,3 115.525 Wisconsin Center for the Blind and Visually Impaired. (1) Definition. In this section, "center" means the Wisconsin Center for the Blind and Visually Impaired.

AB133-ASA1-AA2,320,6 (1m) Purpose. The purpose of the center is to serve as a statewide educational resource relating to visual impairments to benefit all Wisconsin children who are visually impaired.

AB133-ASA1-AA2,320,10 (2) Governance. The state superintendent shall maintain and govern the center. The state superintendent shall appoint an individual who has training and experience in educating pupils who are visually impaired to serve as the director of the center.

AB133-ASA1-AA2,320,12 (3) Services. The center shall provide services that benefit children throughout the state who are visually impaired.

AB133-ASA1-AA2,320,19 (a) School. 1. `Residents 3 to 20 years old.' The center shall operate a school at which any resident of this state 3 to 20 years old who is visually impaired, and for the duration of a school term any resident of this state who is visually impaired and becomes 21 years old during that school term, shall be received and taught free of charge if the individualized education program for the resident under s. 115.787 and the educational placement under s. 115.79 specify the school operated by the center as the appropriate placement.

AB133-ASA1-AA2,320,25 2. `Residents 21 years old or older.' The state superintendent may admit to the school operated by the center a resident of the state who is visually impaired and is 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the state superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the director of the center.

AB133-ASA1-AA2,321,7 3. `Nonresidents.' A nonresident of this state, who is visually impaired, who either is 3 to 20 years old or becomes 21 years old during a school term, whose individualized education program under 20 USC 1414 (d) and educational placement specify the school operated by the center as the appropriate placement and who is capable of receiving instruction may be received at the school upon payment in advance of the fees fixed by the state superintendent, but no nonresident may be received to the exclusion of a resident pupil.

AB133-ASA1-AA2,321,10 4. `Pupil use of residential facilities.' Except as provided in sub. (4), the director of the center shall make the residential facilities at the center available to all pupils received at the school operated by the center.

AB133-ASA1-AA2,321,15 5. `School term.' The state superintendent shall fix the period of the school term at the school operated by the center at not less than 38 weeks, prescribe the school sessions and confer diplomas upon meritorious pupils who have completed the prescribed curriculum. Pursuant to a pupil's individualized education program under s. 115.787, a pupil may be placed at the school for less than a school term.

AB133-ASA1-AA2,321,17 6. `Transportation.' The center may provide transportation for resident pupils at the school operated by the center.

AB133-ASA1-AA2,321,18 (b) Other statewide services. The center may do any of the following:

AB133-ASA1-AA2,321,21 1. Provide testing, evaluation and assessment services to assist local educational agencies, cooperative educational service agencies and county children with disabilities education boards.

AB133-ASA1-AA2,321,24 2. Provide technical assistance and consultation services to entities such as local educational agencies, cooperative educational service agencies, county children with disabilities education boards and private schools.

AB133-ASA1-AA2,321,25 3. Develop and disseminate curriculum and instructional materials.

AB133-ASA1-AA2,322,2 4. Provide in service and other training to teachers and other staff serving pupils who are visually impaired.

AB133-ASA1-AA2,322,5 5. Provide training, technical assistance and consultation services for parents of children who are visually impaired and for professionals who work with children who are visually impaired.

AB133-ASA1-AA2,322,7 6. Provide materials in braille, large print and other appropriate formats to children who are visually impaired.

AB133-ASA1-AA2,322,9 7. Train teachers and braillists about braille codes and formats used by individuals who are visually impaired.

AB133-ASA1-AA2,322,10 8. Loan books and other materials from the library described in par. (c) 2.

AB133-ASA1-AA2,322,13 9. Serve as a clearinghouse for information about children who are visually impaired, including information related to library resources, adapted materials and current research.

AB133-ASA1-AA2,322,15 10. Assist in providing assistive technology services, as defined in s. 115.76 (2), for pupils who are visually impaired.

AB133-ASA1-AA2,322,18 11. Lend, rent or lease technological materials and assistive technology devices, as defined in s. 115.76 (1), to local educational agencies, cooperative educational service agencies and county children with disabilities education boards.

AB133-ASA1-AA2,322,20 12. Facilitate the preparation of teachers of pupils who are visually impaired by providing assistance to teacher preparation programs.

AB133-ASA1-AA2,322,23 13. Coordinate and collaborate with public and private agencies and organizations that provide services to individuals who are visually impaired, including the development of employment skills and opportunities.

AB133-ASA1-AA2,322,25 14. Provide other statewide services that relate to the education of children who are visually impaired.

AB133-ASA1-AA2,323,4 (c) Additional services. 1. `Birth to 2 services.' The center may provide instruction or services, or both, for children who are under the age of 2 and are visually impaired and their parents. The instruction or services are subject to the approval of, and shall comply with requirements established by, the department.

AB133-ASA1-AA2,323,10 2. `Library.' Embossed, clear type or large type books acquired by the center constitute a circulating collection for persons who are visually impaired. The collection shall be kept at the center and be under the supervision of its director. All school age children of the state who are visually impaired may use such books upon compliance with criteria established by the director of the center and approved by the state superintendent.

AB133-ASA1-AA2,323,12 3. `Summer programs.' The center shall provide summer programs each year for children who are visually impaired.

AB133-ASA1-AA2,323,15 4. `Adult summer program.' The center shall provide a summer program each year for adults who are visually impaired. The state superintendent may contract with other entities to provide this program.

AB133-ASA1-AA2,323,19 5. `Independent living skills.' With the approval of the state superintendent, the center may use state-owned housing on the grounds of the center in Janesville as a facility in which individuals receive instruction in and practice independent living skills.

AB133-ASA1-AA2,323,22 (d) Provision of services. In addition to providing services at the center's facility in Janesville, the center may provide services at any location in the state and may operate regional satellite facilities throughout the state to provide services.

AB133-ASA1-AA2,324,3 (4) Nondiscrimination. All pupils at the center may equally and freely enjoy the benefits and privileges of the center, have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination, except that the director of the center may determine that board, lodging and laundry may not be provided to an individual because appropriate services are not available for that individual at the center's residential facilities.