Amendment SSA1-AB75

AB75-SSA1,1229,15 (o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under s. 632.85.

AB75-SSA1,1229,16 (p) The requirements related to coverage of drugs and devices under s. 632.853.

AB75-SSA1,1229,17 (q) The requirements related to experimental treatment under s. 632.855.

AB75-SSA1,1229,19 (r) The requirements under s. 609.10 related to offering a point-of-service option plan.

AB75-SSA1,1229,22 (s) The requirements related to internal grievance procedures under s. 632.83 and independent review of certain health benefit plan determinations under s. 632.835.

AB75-SSA1,1230,2 (3) Upon request, the chancellor at each institution, or his or her designee, shall meet and confer with the collective bargaining representative, if any, with regard to any issue that is a permissive subject of bargaining, except when the issue is under active consideration by a governance organization under s. 36.09 (4) or (4m).

AB75-SSA1,1230,8 111.999 Labor proposals. The board shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

AB75-SSA1,1231,5 111.9991 Agreements. (1) Any tentative agreement reached between the board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 shall, after official ratification by the labor organization, be submitted by the board to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions, or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b), and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and that recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

AB75-SSA1,1231,6 (2) No portion of any tentative agreement shall become effective separately.

AB75-SSA1,1231,7 (3) Agreements shall coincide with the fiscal year or biennium.

AB75-SSA1,1231,9 (4) The negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.

AB75-SSA1,1231,11 (5) All compensation adjustments for employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.

AB75-SSA1,1231,16 111.9992 Status of existing benefits and rights. Unless a prohibited subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules governing the salaries, fringe benefits, hours, and conditions of employment apply to each employee, unless otherwise provided in a collective bargaining agreement.

AB75-SSA1,1231,23 111.9993 Rules, transcripts, fees. (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings under this subchapter. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i).

AB75-SSA1,1232,23 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under s. 111.991. The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.993. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.995. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.994. For the performance of commission actions under ss. 111.993, 111.994, and 111.995, the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that an unfair labor practice has been committed under s. 111.991, the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding to resolve the same labor dispute. If any request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation, or arbitration. A complaint or request for fact-finding, mediation, or arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

AB75-SSA1, s. 2255g Section 2255g. 114.134 (4) (c) of the statutes is amended to read:

AB75-SSA1,1233,5 114.134 (4) (c) At least 15 days before the date of the hearing a class 1 notice of any public hearing shall be published, under ch. 985, in the official state newspaper and in a paper of general circulation printed and published near the location of the proposed airport or spaceport and on the department's Web site for a reasonable period of time.

AB75-SSA1, s. 2256g Section 2256g. 115.38 (2) of the statutes is renumbered 115.38 (2) (a) and amended to read:

AB75-SSA1,1233,20 115.38 (2) (a) Annually by January 1, each school board shall notify the parent or guardian of each pupil enrolled in the school district of the right to request a school and school district performance report under this subsection. Annually Except as provided in par. (b), annually by May 1, each school board shall, upon request, distribute to the parent or guardian of each pupil enrolled in the school district, including pupils enrolled in charter schools located in the school district, or give to each pupil to bring home to his or her parent or guardian, a school and school district performance report that includes the information specified by the state superintendent under sub. (1). The report shall also include a comparison of the school district's performance under sub. (1) (a) and (b) with the performance of other school districts in the same athletic conference under sub. (1) (a) and (b). If the school district maintains an Internet site, the report shall be made available to the public at that site.

AB75-SSA1, s. 2256r Section 2256r. 115.38 (2) (b) of the statutes is created to read:

AB75-SSA1,1234,2 115.38 (2) (b) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall, upon request, distribute to the parent or guardian of each pupil enrolled in the charter school a school and school district performance report that includes the information specified by the state superintendent under sub. (1), regardless of the location of the charter school.

AB75-SSA1, s. 2257 Section 2257. 115.745 of the statutes is created to read:

AB75-SSA1,1234,7 115.745 Tribal language revitalization grants. (1) A school board or cooperative educational service agency, in conjunction with a tribal education authority, may apply to the department for a grant for the purpose of supporting innovative, effective instruction in one or more American Indian languages.

AB75-SSA1,1234,9 (2) The department shall award grants under sub. (1) from the appropriation under s. 20.255 (2) (km).

AB75-SSA1,1234,11 (3) The department shall promulgate rules to implement and administer this section.

AB75-SSA1, s. 2258m Section 2258m. 118.07 (4) (a) 2. of the statutes is created to read:

AB75-SSA1,1234,16 118.07 (4) (a) 2. If a school district is created or a public or private school opens after the effective date of this paragraph .... [LRB inserts date], the school board or governing body of the private school shall have in effect a school safety plan for each public or private school within 3 years of its creation or opening.

AB75-SSA1, s. 2258n Section 2258n. 118.07 (4) (b) to (d) of the statutes are created to read:

AB75-SSA1,1235,2 118.07 (4) (b) A school safety plan shall be created with the active participation of appropriate parties, as specified by the school board or governing body of the private school. The appropriate parties may include local law enforcement officers, fire fighters, school administrators, teachers, pupil services professionals, as defined in s. 118.257 (1) (c), and mental health professionals. A school safety plan shall include general guidelines specifying procedures for emergency prevention and mitigation, preparedness, response, and recovery. The plan shall also specify the process for reviewing the methods for conducting drills required to comply with the plan.

AB75-SSA1,1235,6 (c) The school board or governing body of the private school shall determine which persons are required to receive school safety plan training and the frequency of the training. The training shall be based upon the school district's or private school's prioritized needs, risks, and vulnerabilities.

AB75-SSA1,1235,8 (d) Each school board and the governing body of each private school shall review the school safety plan at least once every 3 years after the plan goes into effect.

AB75-SSA1, s. 2259 Section 2259. 118.125 (4) of the statutes is amended to read:

AB75-SSA1,1235,23 118.125 (4) Transfer of records. Within 5 working days, a school district and a private school participating in the program under s. 119.23 shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled, that provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB75-SSA1, s. 2260 Section 2260. 118.15 (5) (b) 1. of the statutes is repealed.

AB75-SSA1, s. 2261 Section 2261. 118.15 (5) (b) 2. of the statutes is renumbered 118.15 (5) (b).

AB75-SSA1, s. 2262 Section 2262. 118.16 (2m) (a) 2. of the statutes is amended to read:

AB75-SSA1,1236,7 118.16 (2m) (a) 2. An employee of the school district who is directly involved in the provision of a modified program or curriculum under s. 118.15 (1) (d), a program for children at risk under s. 118.153 or an alternative educational program under s. 119.82, or any other alternative educational program to children who attend the school attended by the truant child, if the school district administrator believes that the program or curriculum may be appropriate for the truant child.

AB75-SSA1, s. 2263 Section 2263. 118.175 (1) of the statutes is amended to read:

AB75-SSA1,1236,11 118.175 (1) This section does not apply to a pupil who has a legal custodian, as defined in s. 48.02 (11) or 938.02 (11), or who is cared for by a kinship care relative, as defined in s. 48.57 (3m) (a) 2. 48.02 (15).

AB75-SSA1, s. 2264 Section 2264. 118.245 of the statutes is repealed.

AB75-SSA1, s. 2265 Section 2265. 118.30 (1g) (a) 1. of the statutes is amended to read:

AB75-SSA1,1236,18 118.30 (1g) (a) 1. By August 1, 1998, each school board shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. If the governor has issued The school board may adopt the pupil academic standards issued by the governor as an executive order under s. 14.23, the school board may adopt those standards no. 326, dated January 13, 1998.

AB75-SSA1, s. 2266 Section 2266. 118.30 (1g) (a) 3. of the statutes is created to read:

AB75-SSA1,1236,24 118.30 (1g) (a) 3. The governing body of each private school participating in the program under s. 119.23 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

AB75-SSA1, s. 2266d Section 2266d. 118.30 (1m) (a) of the statutes is amended to read:

AB75-SSA1,1237,4 118.30 (1m) (a) 1. Except as provided in sub. subs. (6) and (7), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.

AB75-SSA1,1237,8 2. Beginning on July 1, 2002, if Except as provided in sub. (7), 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.

AB75-SSA1, s. 2266h Section 2266h. 118.30 (1m) (am) of the statutes is amended to read:

AB75-SSA1,1237,13 118.30 (1m) (am) 1. Except as provided in sub. subs. (6) and (7), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.

AB75-SSA1,1237,17 2. Beginning on July 1, 2002, if Except as provided in sub. (7), 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.

AB75-SSA1, s. 2266p Section 2266p. 118.30 (1m) (b) of the statutes is amended to read:

AB75-SSA1,1237,21 118.30 (1m) (b) Administer Except as provided in sub. (7), 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.

AB75-SSA1, s. 2267 Section 2267. 118.30 (1s) of the statutes is created to read:

AB75-SSA1,1237,25 118.30 (1s) (a) Except as provided in par. (b), annually, the governing body of each private school participating in the program under s. 119.23 shall do all of the following:

AB75-SSA1,1238,3 1. Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 4th grade in the private school under s. 119.23.

AB75-SSA1,1238,6 2. Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 8th grade in the private school under s. 119.23.

AB75-SSA1,1238,9 3. Administer the 10th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 10th grade in the private school under s. 119.23.

AB75-SSA1,1238,12 4. Administer to pupils attending the private school under s. 119.23 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (3).

AB75-SSA1,1238,22 (b) If, before January 1, 2010, the state superintendent notifies in writing the cochairpersons of the joint committee on finance and the chairpersons of the appropriate standing committees in each house of the legislature that the department will not adopt or approve new examinations under sub. (1) to be administered to pupils under sub. (1m) in the 2011-12 school year, then, beginning in the 2010-11 school year and annually thereafter, the governing body of each private school participating in the program under s. 119.23 shall administer nationally normed standardized tests in reading, mathematics, and science to pupils attending the school under s. 119.23 in the 4th, 8th, and 10th grades instead of administering the examinations under par. (a).

AB75-SSA1, s. 2268 Section 2268. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

AB75-SSA1,1239,2 118.30 (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), or governing body of the private school participating in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).

AB75-SSA1,1239,9 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), or governing body of the private school participating in the program under s. 119.23 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.

AB75-SSA1, s. 2269 Section 2269. 118.30 (2) (b) 5. of the statutes is created to read:

AB75-SSA1,1239,13 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 119.23 shall excuse the pupil from taking an examination administered under sub. (1s) (a) 1. to 3.

AB75-SSA1, s. 2269f Section 2269f. 118.30 (7) of the statutes is created to read:

AB75-SSA1,1239,18 118.30 (7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under sub. (1m) regardless of the location of the charter school.

AB75-SSA1, s. 2270m Section 2270m. 118.33 (1) (f) 1. of the statutes is amended to read:

AB75-SSA1,1239,25 118.33 (1) (f) 1. By September 1, 2004, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under par. (a). The criteria shall include the pupil's academic performance, and the recommendations of teachers. Except as provided in subd. subds. 2. and 4., the criteria apply to pupils enrolled in charter schools located in the school district.

AB75-SSA1, s. 2271 Section 2271. 118.33 (1) (f) 2m. of the statutes is created to read:

AB75-SSA1,1240,6 118.33 (1) (f) 2m. The governing body of each private school participating in the program under s. 119.23 shall develop a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 119.23. The criteria shall include the pupil's academic performance and the recommendations of teachers.

AB75-SSA1, s. 2272 Section 2272. 118.33 (1) (f) 3. of the statutes is amended to read:

AB75-SSA1,1240,15 118.33 (1) (f) 3. Beginning on September 1, 2005, neither a school board nor an operator of a charter school under s. 118.40 (2r) may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2. Beginning on September 1, 2010, the governing body of a private school participating in the program under s. 119.23 may not grant a high school diploma to any pupil attending the private school under s. 119.23 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2m.

AB75-SSA1, s. 2272e Section 2272e. 118.33 (1) (f) 4. of the statutes is created to read:

AB75-SSA1,1240,21 118.33 (1) (f) 4. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the criteria specified in the policy developed by that school board under subd. 1. apply to pupils enrolled in the charter school, regardless of the location of the charter school.

AB75-SSA1, s. 2272m Section 2272m. 118.33 (6) (a) of the statutes is amended to read:

AB75-SSA1,1241,6 118.33 (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; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the school board. Except as provided in par. (b) 1. and 3., the criteria apply to pupils enrolled in charter schools located in the school district.

AB75-SSA1,1241,13 2. Except as provided in par. (b) 2., beginning on September 1, 2002 and 3., 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.

AB75-SSA1, s. 2272s Section 2272s. 118.33 (6) (b) 3. of the statutes is created to read:

AB75-SSA1,1241,20 118.33 (6) (b) 3. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the criteria specified in the policy adopted by that school board under par. (a) 1. apply to pupils enrolled in the charter school and that school board is subject to the prohibitions in par. (a) 2. with respect to pupils enrolled in the charter school, regardless of the location of the charter school.

AB75-SSA1, s. 2273 Section 2273. 118.33 (6) (c) of the statutes is created to read:

AB75-SSA1,1242,5 118.33 (6) (c) 1. The governing body of each private school participating in the program under s. 119.23 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 119.23 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 (1s) (a) 1. or 2., unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.

AB75-SSA1,1242,11 2. Beginning on September 1, 2010, the governing body of a private school participating in the program under s. 119.23 may not promote a 4th grade pupil who is attending the private school under s. 119.23 to the 5th grade, and may not promote an 8th grade pupil who is attending the private school under s. 119.23 to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the governing body's policy under subd. 1.

AB75-SSA1, s. 2273b Section 2273b. 118.40 (2r) (e) 1. of the statutes is amended to read:

AB75-SSA1,1242,22 118.40 (2r) (e) 1. From the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this subdivision in the previous school year and the increase in the per pupil amount paid to private schools under s. 119.23 (4) (b) 2. or (bg) in the current school year as compared to the previous school year, multiplied by the number of pupils attending the charter school. The amount paid per pupil may not be less than the amount paid per pupil under this subdivision in the previous school year. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school.

AB75-SSA1, s. 2273d Section 2273d. 118.40 (3) (c) 1. of the statutes is renumbered 118.40 (3) (c) 1. (intro.) and amended to read:

AB75-SSA1,1243,3 118.40 (3) (c) 1. (intro.) A school board may not enter into a contract for the establishment of a charter school located outside the school district, except that if as follows:

AB75-SSA1,1243,6 a. If 2 or more school boards enter into an agreement under s. 66.0301 to establish a charter school, the charter school shall be located within one of the school districts, and if.

AB75-SSA1,1243,10 b. If one or more school boards enter into an agreement with the board of control of a cooperative educational service agency to establish a charter school, the charter school shall be located within the boundaries of the cooperative educational service agency. This subdivision

AB75-SSA1,1243,12 1m. Subdivision 1. does not apply to the establishment of a virtual charter school.