LRBs0036/1
MJL:lmk&jld:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 123
April 15, 2005 - Offered by Representative Towns.
AB123-ASA1,1,5 1An Act to amend 115.88 (1m) (a) and (am), 115.88 (2), (2m), (3), (4) and (6),
2115.88 (8), 115.882, 118.255 (4), 118.43 (2) (g) and 118.43 (3) (intro.); and to
3create
20.255 (2) (bb), 118.43 (4m) and 118.43 (6) (b) 9. of the statutes; relating
4to:
supplementing special education funding with lapsed student achievement
5guarantee contract moneys and making an appropriation.
Analysis by the Legislative Reference Bureau
This substitute amendment makes technical changes to 2005 Senate Bill 68 to
clarify that a school district may choose not to reduce class size in grades 2 or 3, or
both, and that if it so chooses, it still receives aid under the SAGE program for those
grades in which it chooses to reduce class size.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB123-ASA1, s. 1 6Section 1. 20.255 (2) (bb) of the statutes is created to read:
AB123-ASA1,2,4
120.255 (2) (bb) Special education aid; supplement. A sum sufficient equal to
2the amounts lapsed to the general fund in the previous fiscal year from the
3appropriation accounts under pars. (cu) and (cv) for the payment of aids for special
4education and school age parents program under ss. 115.88, 115.93, and 118.255.
AB123-ASA1, s. 2 5Section 2. 115.88 (1m) (a) and (am) of the statutes are amended to read:
AB123-ASA1,2,166 115.88 (1m) (a) If, upon receipt of the plan under s. 115.77 (4), the state
7superintendent is satisfied that the special education program has been maintained
8during the preceding school year in accordance with law, the state superintendent
9shall certify to the department of administration in favor of each county, cooperative
10educational service agency and school district maintaining such special education
11program a sum equal to the amount expended by the county, agency and school
12district during the preceding year for salaries of personnel enumerated in sub. (1),
13including the salary portion of any authorized contract for physical or occupational
14therapy services, and other expenses approved by the state superintendent as costs
15eligible for reimbursement from the appropriation appropriations under s. 20.255 (2)
16(b) and (bb).
AB123-ASA1,3,517 (am) If the operator of a charter school established under s. 118.40 (2r) operates
18a special education program and the state superintendent is satisfied that the
19operator of the charter school is complying with 20 USC 1400 to 1491o, the state
20superintendent shall certify to the department of administration in favor of the
21operator of the charter school a sum equal to the amount that the operator of the
22charter school expended during the previous school year for salaries of full-time or
23part-time licensed teachers, licensed coordinators of special education, licensed
24school social workers, licensed school psychologists, paraprofessionals, licensed
25consulting teachers to work with any teacher of regular education programs who has

1a child with a disability in a class and any other personnel, as determined by the state
2superintendent. Certified costs under this paragraph are eligible for reimbursement
3from the appropriation appropriations under s. 20.255 (2) (b) and (bb). The state
4superintendent may audit costs under this paragraph and adjust reimbursement to
5cover only actual, eligible costs.
AB123-ASA1, s. 3 6Section 3. 115.88 (2), (2m), (3), (4) and (6) of the statutes are amended to read:
AB123-ASA1,3,207 115.88 (2) Transportation aid. If upon receipt of the plan under s. 115.77 (4)
8the state superintendent is satisfied that the transportation of children with
9disabilities has been maintained during the preceding year in accordance with the
10law, the state superintendent shall certify to the department of administration in
11favor of each county, cooperative educational service agency, or school district
12transporting such pupils an amount equal to the amount expended for such
13transportation as costs eligible for reimbursement from the appropriation
14appropriations under s. 20.255 (2) (b) and (bb). Pupils for whom aid is paid under
15this subsection shall not be eligible for aid under s. 121.58 (2) or (4). This subsection
16applies to any child with a disability who requires special assistance in
17transportation, including any such child attending regular classes who requires
18special or additional transportation. This subsection does not apply to any child with
19a disability attending regular or special classes who does not require any special or
20additional transportation.
AB123-ASA1,4,5 21(2m) Other transportation aid. If the operator of a charter school established
22under s. 118.40 (2r) transports children with disabilities and the state
23superintendent is satisfied that the operator of the charter school is complying with
2420 USC 1400 to 1491o, the state superintendent shall certify to the department of
25administration in favor of the operator of the charter school a sum equal to the

1amount that the operator of the charter school expended during the previous school
2year for transportation under this subsection as costs eligible for reimbursement
3from the appropriations under s. 20.255 (2) (b) and (bb). The state superintendent
4may audit costs under this subsection and adjust reimbursement to cover only
5actual, eligible costs.
AB123-ASA1,4,16 6(3) Board and lodging aid. There shall be paid the amount expended for board
7and lodging and transportation between the boarding home and the special
8education program of nonresident children enrolled under s. 115.82 (1) in the special
9education program. The department shall certify to the department of
10administration in favor of each school district, cooperative educational service
11agency, county children with disabilities education board, state agency of another
12state or private, nonsectarian special education service which operates the special
13education program while providing board, lodging and transportation an amount
14equal to the amount expended for such board and lodging and transportation as costs
15eligible for reimbursement from the appropriation appropriations under s. 20.255 (2)
16(b) and (bb).
AB123-ASA1,4,24 17(4) Hospitals and convalescent home aid. The full cost of special education for
18children in hospitals and convalescent homes for orthopedically disabled children
19shall be paid from the appropriation appropriations under s. 20.255 (2) (b) and (bb).
20The supervision of such instruction shall be under the department and the school
21board of the school district in which the hospital or convalescent home is located. The
22school board of the district in which the hospital or convalescent home is located shall
23submit to the department an itemized statement of all revenues and expenditures
24for the actual cost of such instruction and any other information it requires.
AB123-ASA1,5,6
1(6) Aid for instruction outside of district. The department shall certify to
2the department of administration, in favor of each school district, an amount equal
3to the amount expended for salaries and travel expenses, as determined in advance
4by the state superintendent, for providing special education outside the school
5district of employment, as eligible for reimbursement from the appropriation
6appropriations under s. 20.255 (2) (b) and (bb).
AB123-ASA1, s. 4 7Section 4. 115.88 (8) of the statutes is amended to read:
AB123-ASA1,5,178 115.88 (8) Enrollment out of state. If a child with a disability is enrolled in
9a public special education program located in another state and the state
10superintendent is satisfied that the program in which the child is enrolled complies
11with this subchapter, the state superintendent shall certify to the department of
12administration in favor of the school district in which the child resides or the school
13district attended by the child under s. 118.51 or 121.84 (1) (a) or (4) a sum equal to
14the amount expended by the school district during the preceding year for the
15additional costs associated with the child's special education program as costs
16eligible for reimbursement from the appropriation appropriations under s. 20.255 (2)
17(b) and (bb).
AB123-ASA1, s. 5 18Section 5. 115.882 of the statutes is amended to read:
AB123-ASA1,6,2 19115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b)
20and (bb) shall be used first for the purpose of s. 115.88 (4). Costs eligible for
21reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and
22(bb)
under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be
23reimbursed at a rate set to distribute the full amount appropriated for
24reimbursement for the costs, less the amount paid by the department of health and

1family services under s. 20.435 (4) (b) and (o) under s. 49.45 (39) (b) 1m., not to exceed
2100%.
AB123-ASA1, s. 6 3Section 6. 118.255 (4) of the statutes is amended to read:
AB123-ASA1,6,134 118.255 (4) If the state superintendent is satisfied that the health treatment
5services program has been maintained during the preceding school year in
6accordance with law, the state superintendent shall certify to the department of
7administration in favor of each school board, cooperative educational service agency
8and county children with disabilities education board maintaining such health
9treatment services, an amount equal to the amount expended for items listed in s.
10115.88 (1m) by the school board, cooperative educational service agency and county
11children with disabilities education board during the preceding year for these health
12treatment services as costs eligible for reimbursement from the appropriation
13appropriations under s. 20.255 (2) (b) and (bb).
AB123-ASA1, s. 7 14Section 7. 118.43 (2) (g) of the statutes is amended to read:
AB123-ASA1,6,2115 118.43 (2) (g) The department may renew an achievement guarantee contract
16under pars. (b), (bg), and (br) for one or more terms of 5 school years. As a condition
17of receiving payments under a renewal of an achievement guarantee contract, a
18school board shall maintain the reduction of class size achieved during the last school
19year of the original achievement guarantee contract for the grades specified for the
20last school year of the contract, but this condition does not apply to a school district
21under sub. (4m)
.
AB123-ASA1, s. 8 22Section 8. 118.43 (3) (intro.) of the statutes is amended to read:
AB123-ASA1,6,2523 118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am)
24and (ar) and sub. (4m), an achievement guarantee contract shall require the school
25board to do all of the following in each participating school:
AB123-ASA1, s. 9
1Section 9. 118.43 (4m) of the statutes is created to read:
AB123-ASA1,7,52 118.43 (4m) Exceptions. A school district participating in the program under
3this section on or after the effective date of this subsection .... [revisor inserts date],
4may choose not to comply with the requirement to reduce class size to 15 in grades
52 or 3, or both, in any school.
AB123-ASA1, s. 10 6Section 10. 118.43 (6) (b) 9. of the statutes is created to read:
AB123-ASA1,7,127 118.43 (6) (b) 9. In the 2005-06 and any subsequent school year, $2,000
8multiplied by the number of low-income pupils enrolled in grades eligible for funding
9in each school in the school district covered by renewals of contracts under sub. (2)
10(g). For purposes of this subdivision, the grades eligible for funding for a school
11district under sub. (4m) are those grades in which the school district chooses to
12comply with the requirement to reduce class size to 15.
AB123-ASA1, s. 11 13Section 11. Effective date.
AB123-ASA1,7,1514 (1) This act takes effect on July 1, 2005, or the day after publication of the
152005-07 biennial budget act, whichever is later.
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