Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,334,12 (c) Any person violating sub. (1) (b) 2.:

SB40-ASA1-AA1,334,14 1. May be required to forfeit not less than $25 nor more than $200, except as provided in subd. 2.

SB40-ASA1-AA1,334,18 2. May be fined not less than $50 nor more than $500 or imprisoned for not more than one year in the county jail or both if the total of convictions under sub. (1) (b) 2. equals 2 or more in a 4-year period. The 4-year period shall be measured from the dates of the violations that resulted in the convictions.".

SB40-ASA1-AA1,334,19 1694. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,334,21 " Section 2677b. 111.70 (4) (cm) 8s. of the statutes is renumbered 111.70 (4) (cm) 8s. a.

SB40-ASA1-AA1, s. 2677c Section 2677c. 111.70 (4) (cm) 8s. b. of the statutes is created to read:

SB40-ASA1-AA1,335,2 111.70 (4) (cm) 8s. b. If a school district unilaterally changes its employees' health care coverage plan provider under par. (n), any costs savings realized because of the change may not be included when determining the fringe benefit savings under subd. 8s. a.

SB40-ASA1-AA1, s. 2679f Section 2679f. 111.70 (4) (n) of the statutes is created to read:

SB40-ASA1-AA1,335,16 111.70 (4) (n) Municipal employer-initiated change in health care coverage plan provider. Notwithstanding the terms of a collective bargaining agreement, a municipal employer may unilaterally change its employees' health care coverage plan provider without the consent of any affected employee in the collective bargaining unit if the benefits provided by the new health care coverage plan provider are substantially similar to those provided by the former health care coverage plan provider and if either the persons who provide health care coverage under the new plan are the same as under the former plan or cost savings will result from changing the health care coverage plan provider. Any such unilateral change in health care coverage plan provider is not a violation of a collective bargaining agreement or a prohibited practice under sub. (3) (a) and, for purposes of a qualified economic offer, satisfies the requirement to maintain fringe benefits under sub. (1) (nc).

SB40-ASA1-AA1, s. 2679g Section 2679g. 111.70 (4) (o) of the statutes is created to read:

SB40-ASA1-AA1,335,24 111.70 (4) (o) Prohibited subject of collective bargaining. A municipal employer is prohibited from bargaining collectively with respect to the employer's selection of a health care coverage plan if the municipal employer offers to enroll the employees in a health care coverage plan under s. 40.51 (7) or in a health care coverage plan that is substantially similar to a plan offered under s. 40.51 (7). The commission shall use the criteria in rules promulgated by the commissioner of insurance under s. 601.41 (12) to determine if health care coverage plans are substantially similar.".

SB40-ASA1-AA1,336,1 1695. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,336,2 " Section 2671gp. 111.91 (2) (pj) of the statutes is created to read:

SB40-ASA1-AA1,336,4 111.91 (2) (pj) The number of paid sick leave days in any year specified under s. 230.35 (2) (am).".

SB40-ASA1-AA1,336,5 1696. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,336,6 " Section 2669p. 111.91 (2) (ph) of the statutes is created to read:

SB40-ASA1-AA1,336,8 111.91 (2) (ph) A decision to convert from a biweekly pay period to a monthly pay period.".

SB40-ASA1-AA1,336,9 1697. Page 1229, line 11: after that line insert:

SB40-ASA1-AA1,336,10 " Section 2684p. 115.28 (44) of the statutes is created to read:

SB40-ASA1-AA1,336,14 115.28 (44) Teacher merit pay. Distribute the amounts appropriated under s. 20.255 (2) (am) to school districts to assist in paying the costs of teacher merit pay programs. The department shall promulgate rules to implement and administer this subsection.".

SB40-ASA1-AA1,336,15 1698. Page 1229, line 11: after that line insert:

SB40-ASA1-AA1,336,16 " Section 2683p. 115.28 (46m) of the statutes is created to read:

SB40-ASA1-AA1,336,22 115.28 (46m) School safety grants. From the appropriation under s. 20.255 (2) (dn), annually award grants to reimburse school districts for costs allowable under the federal Safe and Drug-Free Schools and Communities Act, 20 USC 7101 to 7165, but not paid under that act. If the appropriation under s. 20.255 (2) (dn) in any fiscal year is insufficient to pay all claims under this subsection, the funds shall be prorated among the school districts entitled to the funds.".

SB40-ASA1-AA1,336,23 1699. Page 1229, line 11: after that line insert:

SB40-ASA1-AA1,336,24 " Section 2684. 115.28 (46) of the statutes is created to read:

SB40-ASA1-AA1,337,6 115.28 (46) Grants for science, technology, engineering, and mathematics programs. From the appropriation under s. 20.255 (2) (fz), award grants to school districts to develop innovative instructional programs in science, technology, engineering and mathematics; support pupils who are typically under-represented in these subjects; and increase the academic achievement of pupils in those subjects.".

SB40-ASA1-AA1,337,7 1700. Page 1229, line 12: delete lines 12 to 22.

SB40-ASA1-AA1,337,9 1701. Page 1229, line 23: delete the material beginning with that line and ending with page 1230, line 4.

SB40-ASA1-AA1,337,10 1702. Page 1230, line 5: delete lines 5 to 23.

SB40-ASA1-AA1,337,11 1703. Page 1231, line 1: delete lines 1 to 11.

SB40-ASA1-AA1,337,13 1704. Page 1231, line 12: delete the material beginning with that line and ending with page 1232, line 10.

SB40-ASA1-AA1,337,15 1705. Page 1232, line 11: delete the material beginning with that line and ending with page 1233, line 16.

SB40-ASA1-AA1,337,16 1706. Page 1234, line 12: delete lines 12 to 25.

SB40-ASA1-AA1,337,17 1707. Page 1235, line 1: delete that line.

SB40-ASA1-AA1,337,18 1708. Page 1235, line 13: delete lines 13 to 25.

SB40-ASA1-AA1,337,19 1709. Page 1236, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,337,20 1710. Page 1237, line 1: delete lines 1 to 5.

SB40-ASA1-AA1,337,21 1711. Page 1237, line 5: after that line insert:

SB40-ASA1-AA1,337,22 " Section 2711d. 115.85 of the statutes is created to read:

SB40-ASA1-AA1,338,2 115.85 Autism Scholarship Program. (1) In this section, "eligible autistic child" means a child with a disability to whom all the following apply:

SB40-ASA1-AA1,338,4 (a) The school district in which the child resides or that the child is attending has identified the child as autistic.

SB40-ASA1-AA1,338,6 (b) The school district in which the child resides or that the child is attending has in effect for the child an individualized education program.

SB40-ASA1-AA1,338,10 (c) The child was enrolled in public school in the school year prior to the school year in which a scholarship under this section is first sought for the child, or the child is eligible to enter public school in the school year in which a scholarship under this section is first sought for the child.

SB40-ASA1-AA1,338,19 (2) (a) Except as provided in par. (b), upon receipt of an application from the parent of an eligible autistic child, the department shall award a scholarship to the child. The scholarship may be used only to pay tuition for the child to attend a special education program that implements the child's individualized education program and that is operated by a school district other than the school district that the child is attending or in which the child resides, by another public entity, or by a private provider approved by the department under sub. (3). The amount of the scholarship shall be $15,000 or the actual tuition charged by the special education program, whichever is less.

SB40-ASA1-AA1,338,21 (b) No more than 200 scholarships may be awarded under this section in any school year.

SB40-ASA1-AA1,338,25 (3) The department shall establish standards for the approval of private providers for the purpose of sub. (2). The department may not approve a private provider unless the person providing special education or related services holds the appropriate license issued by the department.

SB40-ASA1-AA1,339,4 (4) The department shall promulgate rules to implement and administer this section, including procedures and deadlines for scholarship applications, payment schedules for scholarships, and standards for the approval of private providers under sub. (3).

SB40-ASA1-AA1, s. 2711e Section 2711e. 115.88 (10) of the statutes is created to read:

SB40-ASA1-AA1,339,9 115.88 (10) Autism scholarship program. Notwithstanding subs. (1m) to (3), (6), and (8) and ss. 115.93 and 118.255 (4), annually the department shall allocate $3,000,000 from the appropriation under s. 20.255 (2) (b) for autism scholarships under s. 115.85.

SB40-ASA1-AA1, s. 2711f Section 2711f. 115.882 of the statutes is amended to read:

SB40-ASA1-AA1,339,16 115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4) and then for the purpose of s. 115.88 (10). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) 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 the costs, not to exceed 100%.".

SB40-ASA1-AA1,339,17 1712. Page 1237, line 5: after that line insert:

SB40-ASA1-AA1,339,18 " Section 2713m. 118.15 (1) (cv) of the statutes is created to read:

SB40-ASA1-AA1,339,21 118.15 (1) (cv) Attendance at a special education program operated by a public entity or private provider under a scholarship awarded under s. 115.85 may be substituted for attendance at a public or private school.".

SB40-ASA1-AA1,339,22 1713. Page 1237, line 5: after that line insert:

SB40-ASA1-AA1,339,23 " Section 2719m. 118.35 (4) of the statutes is amended to read:

SB40-ASA1-AA1,340,4 118.35 (4) From the appropriation under s. 20.255 (2) (fy), the department shall award grants to nonprofit organizations, cooperative educational service agencies, and the school district operating under ch. 119 for the purpose of providing advanced curriculum and assessments for gifted and talented middle school pupils.".

SB40-ASA1-AA1,340,6 1714. Page 1237, line 6: delete the material beginning with that line and ending with page 1239, line 4, and substitute:

SB40-ASA1-AA1,340,7 " Section 2717L. 118.43 (3) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,340,10 118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am) and (ar) and sub. (4m), an achievement guarantee contract shall require the school board to do all of the following in each participating school:

SB40-ASA1-AA1, s. 2717p Section 2717p. 118.43 (4m) of the statutes is created to read:

SB40-ASA1-AA1,340,14 118.43 (4m) Exceptions. A school district participating in the program under this section may disregard the requirement to reduce class size to 15 in grades 2 or 3, or both, in any school.

SB40-ASA1-AA1, s. 2717t Section 2717t. 118.43 (6) (b) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,340,19 118.43 (6) (b) (intro.) From the appropriations appropriation under s. 20.255 (2) (cu) and (cv), subject to par. (c), the department shall pay to each school district that has entered into a contract with the department under this section an amount determined as follows:

SB40-ASA1-AA1, s. 2717v Section 2717v. 118.43 (6) (b) 9. of the statutes is amended to read:

SB40-ASA1-AA1,341,4 118.43 (6) (b) 9. In the 2005-06 and 2006-07 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (2) (g); and in the 2007-08 school year and any subsequent school year, $2,250 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (2) (g). A grade is eligible for funding only if the school board has reduced class size in that grade to 15.".

SB40-ASA1-AA1,341,5 1715. Page 1239, line 5: delete lines 5 to 25.

SB40-ASA1-AA1,341,6 1716. Page 1240, line 1: delete lines 1 to 20.

SB40-ASA1-AA1,341,7 1717. Page 1240, line 20: after that line insert:

SB40-ASA1-AA1,341,8 " Section 2731d. 118.53 of the statutes is created to read:

SB40-ASA1-AA1,341,9 118.53 Racine County Parental Choice Program. (1) In this section:

SB40-ASA1-AA1,341,10 (a) "Membership" has the meaning given in s. 121.004 (5).

SB40-ASA1-AA1,341,12 (b) "Poverty line" means the federal poverty line as defined under 42 USC 9902 (2).

SB40-ASA1-AA1,341,13 (c) "Resident school board" means the school board of a resident school district.

SB40-ASA1-AA1,341,14 (d) "Resident school district" means the school district in which a pupil resides.

SB40-ASA1-AA1,341,16 (e) "Summer average daily membership equivalent" has the meaning given in s. 121.004 (8).

SB40-ASA1-AA1,341,22 (f) "Summer choice average daily membership equivalent" means the summer average daily membership equivalent of pupils who were attending a private school under this section on the 2nd Friday of January of the school term immediately preceding that summer or whose applications have been accepted under sub. (3) for attendance at the private school in the school term immediately following that summer.

SB40-ASA1-AA1,341,24 (g) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.

SB40-ASA1-AA1,342,3 (2) Beginning in the 2009-10 school year, any pupil in grades kindergarten to 12 who resides within Racine County may attend any private school located in the county if all of the following apply:

SB40-ASA1-AA1,342,7 (a) The private school notified the state superintendent of its intent to participate in the program under this section by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space.

SB40-ASA1-AA1,342,8 (b) The private school complies with 42 USC 2000d.

SB40-ASA1-AA1,342,10 (c) The private school meets all health and safety laws or codes that apply to public schools.

SB40-ASA1-AA1,342,12 (d) All of the private school's teachers have graduated from high school or been granted a declaration of equivalency of high school graduation.

SB40-ASA1-AA1,342,18 (e) The private school achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year in which the private school participates in the program under this section.

SB40-ASA1-AA1,342,25 (3) (a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. The pupil or the pupil's parent or guardian shall submit with the application sufficient documentation, as determined by the state superintendent by rule, for the participating private school to verify family income and to determine payments to be made on behalf of the pupil under subs. (4) and (4m).

SB40-ASA1-AA1,343,5 (b) Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis.

SB40-ASA1-AA1,343,8 (c) If the private school rejects an applicant because it has too few available spaces, the pupil may transfer his or her application to a participating private school that has space available.

SB40-ASA1-AA1,343,10 (d) The pupil or the pupil's parent or guardian shall submit proof of the pupil's enrollment in the private school to the state superintendent prior to the school term.

SB40-ASA1-AA1,343,14 (4) (a) Annually, on or before October 15, a private school participating in the program under this section shall file with the department a report stating its summer average daily membership equivalent and its summer choice average daily membership equivalent for the purpose of sub. (4m).