Amendment ASA1-AB40

AB40-ASA1, s. 2426p Section 2426p. 111.92 (1) (c) of the statutes is amended to read:

AB40-ASA1,987,24 111.92 (1) (c) Any tentative agreement reached between the governing board of the charter school established by contract under s. 118.40 (2r) (cm), acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (2) (f) (1r) (ef) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.

AB40-ASA1, s. 2426t Section 2426t. 111.93 (3) of the statutes is amended to read:

AB40-ASA1,988,9 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d) and (3) (e) 6., and 230.88 (2) (b), if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB40-ASA1, s. 2426x Section 2426x. 111.935 (2) of the statutes is amended to read:

AB40-ASA1,988,17 111.935 (2) Notwithstanding s. 111.83 (2), the commission shall establish a procedure whereby research assistants may determine whether to form themselves into collective bargaining units under s. 111.825 (2) (g), (h), or (i) (1r) (eh), (ei), or (er) or (1t) (er) by authorization cards in lieu of secret ballot. The procedure shall provide that once a majority of research assistants have indicated their preference on the authorization cards to form themselves into a collective bargaining unit, the collective bargaining unit is established.

AB40-ASA1, s. 2432 Section 2432. 114.31 (6) of the statutes is amended to read:

AB40-ASA1,989,5 114.31 (6) Technical services to municipalities. The secretary may, insofar as is reasonably possible, offer the engineering or other technical service of the department, to any municipality desiring them in connection with the construction, maintenance or operation or proposed construction, maintenance or operation of an airport. The secretary may assess reasonable costs for services including services performed while acting as agent for a municipality. Such assessment shall include properly allocated administrative costs. Municipalities are authorized to cooperate with the secretary in the development of aeronautics and aeronautical facilities in this state. The department of commerce Wisconsin Economic Development Corporation and all other agencies are authorized and directed to make available such facilities and services, and to cooperate as far as possible to promote the best interests of aeronautics of the state.

AB40-ASA1, s. 2432w Section 2432w. 114.33 (5) of the statutes is amended to read:

AB40-ASA1,989,19 114.33 (5) In the case of projects to be carried out by contract, force account, or by a county highway committee in a manner similar to the applicable provisions of s. 84.06 (3), the sponsor's share of the cost of a project shall be deposited in the state treasury promptly on the request of the secretary, to be held in trust for the purposes of the project. The secretary need not request the entire share at any one time. The secretary may suspend or discontinue proceedings or construction relative to any project at any time if any sponsor fails to pay the amount properly required of it as its contribution to the project. In the case of projects or parts of projects authorized by the secretary to be performed by force account methods, the secretary may permit the sponsor to retain the sponsor's share of the cost of authorized project work provided the sponsor is to do the work. In such case the sponsor will be periodically reimbursed for the state or federal share, or both, on the basis of audited costs incurred by the sponsor.

AB40-ASA1, s. 2433 Section 2433. 114.33 (10) of the statutes is amended to read:

AB40-ASA1,990,10 114.33 (10) Subject to the approval of the governor under this subsection, the secretary may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the secretary when the secretary determines that the property is no longer necessary for the state's use for airport purposes and, if real property, the real property is not the subject of a petition under s. 568.9810 16.310. The secretary shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the property should be sold, together with an application for the governor's approval of the sale. The governor shall investigate the proposed sale as he or she deems necessary and approve or disapprove the application. Upon approval and receipt of the full purchase price, the secretary shall by appropriate deed or other instrument transfer the property to the purchaser. The funds derived from the sale shall be deposited in the appropriate airport fund, and the expense incurred by the secretary in connection with the sale shall be paid from that fund. This subsection does not apply to real property that is sold under s. 16.848.

AB40-ASA1, s. 2437 Section 2437. 115.28 (12) of the statutes is created to read:

AB40-ASA1,990,16 115.28 (12) Student information system. (a) Working with the office of the governor, establish a student information system to collect and maintain information about pupils enrolled in public schools, including their academic performance and demographic information, aggregated by school district, school, and teacher.

AB40-ASA1,990,21 (b) Ensure that within 5 years of the establishment of the system under par. (a), every school district is using the system. The state superintendent may promulgate rules authorizing the department to charge a fee to any person that uses the system. All fees shall be credited to the appropriation account under s. 20.255 (1) (jm).

AB40-ASA1, s. 2438 Section 2438. 115.28 (24) of the statutes is amended to read:

AB40-ASA1,991,3 115.28 (24) Priority in awarding grants. Give priority in awarding grants to school boards under ss. s. 115.36 and 115.361, and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 2862 (b) (1) (B), to programs that provide more than one of the educational services specified under s. 115.36, 115.361, 115.915, 118.01 (2) (d) 7. or 8. or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 2862 (b) (1) (B).

AB40-ASA1, s. 2439 Section 2439. 115.28 (35) of the statutes is repealed.

AB40-ASA1, s. 2440 Section 2440. 115.28 (39) of the statutes is amended to read:

AB40-ASA1,991,11 115.28 (39) Alcohol and other drug abuse report. By July 1, 1998, and biennially Biennially by July 1 thereafter, evaluate the effectiveness of the programs under ss. s. 115.36 and 115.361 and submit a report to the legislature under s. 13.172 (2). To satisfy this reporting requirement as it pertains to s. 115.361, the department may incorporate into the report under this subsection the report required under s. 115.361 (2).

AB40-ASA1, s. 2441 Section 2441. 115.28 (45) of the statutes is repealed.

AB40-ASA1, s. 2442 Section 2442. 115.28 (46) of the statutes is repealed.

AB40-ASA1, s. 2443 Section 2443. 115.28 (47) of the statutes is repealed.

AB40-ASA1, s. 2446 Section 2446. 115.33 (2) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,991,18 115.33 (2) (a) (intro.) The state superintendent may request the department of commerce safety and professional services to inspect a public school if any of the following occurs:

AB40-ASA1, s. 2447 Section 2447. 115.33 (2) (b) of the statutes is amended to read:

AB40-ASA1,991,22 115.33 (2) (b) The department of commerce safety and professional services shall inspect the school within 30 days after receiving a request from the state superintendent under par. (a).

AB40-ASA1, s. 2448 Section 2448. 115.33 (3) (a) of the statutes is amended to read:

AB40-ASA1,992,4 115.33 (3) (a) If the state superintendent determines that a school is not in compliance, and the department of commerce safety and professional services, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to repair, improve, remodel or close the school by a stated date. An order issued under this paragraph constitutes a preliminary finding of noncompliance with the standard under s. 121.02 (1) (i).

AB40-ASA1, s. 2449 Section 2449. 115.33 (3) (b) 1. of the statutes is amended to read:

AB40-ASA1,992,17 115.33 (3) (b) 1. If the state superintendent determines that a school is not in compliance and is not worth repairing, and the department of commerce safety and professional services, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to develop a plan that describes how the school board will achieve compliance with the standard under s. 121.02 (1) (i). The plan shall specify the time within which compliance with the standard under s. 121.02 (1) (i) shall be achieved. The state superintendent shall hold a public hearing on the plan in the school district and may, as a result of the hearing, recommend changes to the plan. The state superintendent may withhold up to 25% of the school district's state aid if the school district fails to achieve compliance with the standard under s. 121.02 (1) (i) within the period specified in the plan.

AB40-ASA1, s. 2451 Section 2451. 115.361 of the statutes is repealed.

AB40-ASA1, s. 2453 Section 2453. 115.39 of the statutes is repealed.

AB40-ASA1, s. 2454 Section 2454. 115.405 (2m) of the statutes is repealed.

AB40-ASA1, s. 2457 Section 2457. 115.45 of the statutes is repealed.

AB40-ASA1, s. 2458 Section 2458. 115.53 (3) (a) and (b) of the statutes are consolidated, renumbered 115.53 (3) and amended to read:

AB40-ASA1,993,5 115.53 (3) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing. The examination shall be paid for from the appropriation in s. 20.255 (1) (b), (gh) or (gs). (b) Arrange for ophthalmic or otological examination of any pupil or prospective pupil of or the school operated by the Wisconsin Center for the Blind and Visually Impaired. The examination shall be paid for from the appropriation in under s. 20.255 (1) (b), (gh), (gL), or (gs).

AB40-ASA1, s. 2459 Section 2459. 115.53 (4) (unnumbered first par.) and (a) of the statutes are consolidated, renumbered 115.53 (4) and amended to read:

AB40-ASA1,993,17 115.53 (4) Apply to the board of directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the University of Wisconsin Hospitals and Clinics of any pupil at the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the school operated by the Wisconsin Center for the Blind and Visually Impaired. (a) The application shall be accompanied by the report of a physician appointed by the director of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the director of the Wisconsin Center for the Blind and Visually Impaired and shall be in the same form as reports of other physicians for admission of patients to such hospital.

AB40-ASA1, s. 2460 Section 2460. 115.53 (4) (b) of the statutes is repealed.

AB40-ASA1, s. 2472 Section 2472. 118.07 (2) (b) of the statutes is amended to read:

AB40-ASA1,994,2 118.07 (2) (b) In each community having a recognized fire department, the person having direct charge of any public or private school shall annually file a report pertaining to such drills, on a form furnished by the department of commerce safety and professional services, with the chief of the fire department. When no fire drill is held during any month, or when only one or no tornado or other hazard drill is held in a year, the person having direct charge of the school shall state the reasons in the report.

AB40-ASA1, s. 2473 Section 2473. 118.075 (2) (a) 2. of the statutes is amended to read:

AB40-ASA1,994,5 118.075 (2) (a) 2. The secretary of commerce safety and professional services or his or her designee.

AB40-ASA1, s. 2476m Section 2476m. 118.125 (4) of the statutes is amended to read:

AB40-ASA1,994,21 118.125 (4) Transfer of records. Within 5 working days, a school district and a private school participating in the program under s. 118.60, in the program under s. 118.62, or in the program under s. 119.23 shall transfer to another school, including a private or tribal 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, private, and tribal schools.

AB40-ASA1, s. 2477 Section 2477. 118.135 (2) of the statutes is amended to read:

AB40-ASA1,995,2 118.135 (2) A pupil who complies with a request under sub. (1) shall provide evidence of an eye examination or evaluation by December 31 following the pupil's enrollment in kindergarten. The school board or charter school shall provide pupils with the form distributed by the department of regulation and licensing safety and professional services under s. 440.03 (16) for that purpose.

AB40-ASA1, s. 2482m Section 2482m. 118.153 (3) (c) 2. of the statutes is amended to read:

AB40-ASA1,995,7 118.153 (3) (c) 2. The school board may contract with the agencies identified under subd. 1. for not more than 30% of the children at risk enrolled in the school district if the school board determines that the agencies can adequately serve such children.

AB40-ASA1, s. 2488b Section 2488b. 118.30 (1g) (a) 4. of the statutes is created to read:

AB40-ASA1,995,13 118.30 (1g) (a) 4. The governing body of each private school participating in the program under s. 118.60 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.

AB40-ASA1, s. 2488c Section 2488c. 118.30 (1g) (a) 5. of the statutes is created to read:

AB40-ASA1,995,19 118.30 (1g) (a) 5. The governing body of each private school participating in the program under s. 118.62 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.

AB40-ASA1, s. 2488e Section 2488e. 118.30 (1t) of the statutes is created to read:

AB40-ASA1,995,22 118.30 (1t) Annually, the governing body of each private school participating in the program under s. 118.60 shall do all of the following:

AB40-ASA1,995,25 (a) 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. 118.60.

AB40-ASA1,996,3 (b) 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. 118.60.

AB40-ASA1,996,6 (c) 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. 118.60.

AB40-ASA1,996,9 (d) Administer to pupils attending the private school under s. 118.60 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (3).

AB40-ASA1, s. 2488f Section 2488f. 118.30 (1v) of the statutes is created to read:

AB40-ASA1,996,12 118.30 (1v) Annually, the governing body of each private school participating in the program under s. 118.62 shall do all of the following:

AB40-ASA1,996,15 (a) 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. 118.62.

AB40-ASA1,996,18 (b) 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. 118.62.

AB40-ASA1,996,21 (c) 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. 118.62.

AB40-ASA1,996,24 (d) Administer to pupils attending the private school under s. 118.62 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (3).

AB40-ASA1, s. 2488h Section 2488h. 118.30 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,997,6 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board, operator of the charter school under s. 118.40 (2r), governing body of the private school participating in the program under s. 118.60, governing body of the private school participating in the program under s. 118.62, or governing body of the private school participating in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).

AB40-ASA1, s. 2488L Section 2488L. 118.30 (2) (b) 2. of the statutes is amended to read:

AB40-ASA1,997,16 118.30 (2) (b) 2. According to criteria established by the state superintendent by rule, the school board, operator of the charter school under s. 118.40 (2r), governing body of the private school participating in the program under s. 118.60, governing body of the private school participating in the program under s. 118.62, 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.

AB40-ASA1, s. 2488p Section 2488p. 118.30 (2) (b) 6. of the statutes is created to read:

AB40-ASA1,997,20 118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 118.60 shall excuse the pupil from taking an examination administered under sub. (1t) (a) to (c).

AB40-ASA1, s. 2488pm Section 2488pm. 118.30 (2) (b) 7. of the statutes is created to read:

AB40-ASA1,997,24 118.30 (2) (b) 7. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 118.62 shall excuse the pupil from taking an examination administered under sub. (1v) (a) to (c).

AB40-ASA1, s. 2488pq Section 2488pq. 118.30 (5) of the statutes is created to read:

AB40-ASA1,998,3 118.30 (5) Beginning in the 2014-15 school year, the department shall ensure that benchmark assessments are administered to pupils annually under this section prior to the administration of summative assessments under this section.

AB40-ASA1, s. 2488pt Section 2488pt. 118.30 (5m) of the statutes is created to read:

AB40-ASA1,998,11 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB40-ASA1, s. 2488q Section 2488q. 118.33 (1) (f) 2g. of the statutes is created to read:

AB40-ASA1,998,17 118.33 (1) (f) 2g. The governing body of each private school participating in the program under s. 118.62 shall develop a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 118.62. The criteria shall include the pupil's academic performance and the recommendations of teachers.

AB40-ASA1, s. 2488r Section 2488r. 118.33 (1) (f) 2r. of the statutes is created to read:

AB40-ASA1,998,23 118.33 (1) (f) 2r. The governing body of each private school participating in the program under s. 118.60 shall develop a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 118.60. The criteria shall include the pupil's academic performance and the recommendations of teachers.

AB40-ASA1, s. 2488u Section 2488u. 118.33 (1) (f) 3. of the statutes is amended to read:

AB40-ASA1,999,14 118.33 (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. The governing body of a private school participating in the program under s. 118.60 may not grant a high school diploma to any pupil attending the private school under s. 118.60 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2r. The governing body of a private school participating in the program under s. 118.62 may not grant a high school diploma to any pupil attending the private school under s. 118.62 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2g.

AB40-ASA1, s. 2488v Section 2488v. 118.33 (6) (cg) of the statutes is created to read:

AB40-ASA1,999,24 118.33 (6) (cg) 1. The governing body of each private school participating in the program under s. 118.62 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 118.62 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 (1v) (a) or (b), 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.

AB40-ASA1,1000,6 2. The governing body of a private school participating in the program under s. 118.62 may not promote a 4th grade pupil who is attending the private school under s. 118.62 to the 5th grade, and may not promote an 8th grade pupil who is attending the private school under s. 118.62 to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the governing body's policy under subd. 1.

AB40-ASA1, s. 2488y Section 2488y. 118.33 (6) (cr) of the statutes is created to read:

AB40-ASA1,1000,16 118.33 (6) (cr) 1. The governing body of each private school participating in the program under s. 118.60 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 118.60 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 (1t) (a) or (b), 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.