LRBs0164/1
GMM:cjs:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 541
July 12, 2005 - Offered by Representative Underheim.
AB541-ASA1,1,4
1An Act to create 121.78 (5) of the statutes;
relating to: payment for educational
2services provided to a pupil who is placed in a secure detention facility, hospital,
3inpatient facility, state treatment facility, approved public or private treatment
4facility, jail, or county house of correction.
Analysis by the Legislative Reference Bureau
Under current law, a juvenile who has been taken into custody and who meets
certain criteria may be held in custody prior to disposition in a secure detention
facility or juvenile portion of a county jail. A juvenile may also be placed in a secure
detention facility or juvenile portion of a county jail under a dispositional order, as
a sanction for violating a dispositional order, for short-term detention while an
alleged violation of a dispositional order or condition of aftercare is being
investigated, or for short-term detention as a consequence of such a violation. In
addition, a juvenile who is mentally ill, drug dependent, or developmentally
disabled, who is dangerous, and who is a proper subject for treatment may be taken
into custody and involuntarily committed for treatment in a hospital, inpatient
facility, state treatment facility, or approved public or private treatment facility.
Finally, a juvenile 15 years of age or over who is subject to the jurisdiction of the court
of criminal jurisdiction may be held in an adult jail in the same manner as an adult.
Current Department of Corrections (DOC) rules require the superintendent of
a secure detention facility or juvenile portion of a county jail to ensure that a juvenile
held in the secure detention facility or juvenile portion of a county jail has access to
educational services, as provided by the school district in which the secure detention
facility or juvenile portion of a county jail is located. Current DOC rules also require
the sheriff of each county to develop a written policies and procedures manual for the
operation of each jail or county house of correction that includes policies and
procedures for providing educational programming for prisoners under 18 years of
age. Current Department of Health and Family Services rules require a mental
health program serving children and adolescents to provide or arrange for
educational programs to meet the needs of all patients served by the program.
This substitute amendment provides that when a pupil who is placed in a
secure detention facility, hospital, inpatient facility, state treatment facility,
approved public or private treatment facility, jail, or county house of correction is
provided with educational services by the school district in which the placement is
located, the school board of the school district in which the pupil resided at the time
the pupil was placed must pay tuition for the pupil to the school district providing
the educational services. The substitute amendment requires the school board to pay
for each full-time equivalent pupil served by the school district providing the
educational services an amount equal to the average per pupil cost for the school
district of the school board.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB541-ASA1,3,22
121.78
(5) Educational services for pupils in secure custody or treatment
3facilities. If a pupil who is placed in a secure detention facility, as defined in s. 938.02
4(16), inpatient facility, as defined in s. 51.01 (10), facility listed in s. 51.15 (2), jail, or
5county house of correction is provided with educational services by the school district
6in which the placement is located, the school board of the school district in which the
7pupil resided at the time the pupil was placed shall pay tuition for the pupil to the
8school district providing the educational services. A school board paying tuition for
9a pupil under this subsection shall count the pupil as 1.0 pupil in membership for
10general aid under subch. II. The school board shall pay for each full-time equivalent
1pupil served by the school district providing the educational services an amount
2equal to the average per pupil cost for the school district of the school board.
