AB40-ASA1, s. 2438 22Section 2438. 115.28 (24) of the statutes is amended to read:
AB40-ASA1,991,323 115.28 (24) Priority in awarding grants. Give priority in awarding grants to
24school boards under ss. s. 115.36 and 115.361, and in awarding grants from federal
25funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 2862

1(b) (1) (B), to programs that provide more than one of the educational services
2specified under s. 115.36, 115.361, 115.915, 118.01 (2) (d) 7. or 8. or 118.153 or 20 USC
32301
to 2471, 20 USC 4601 to 4665 or 29 USC 2862 (b) (1) (B).
AB40-ASA1, s. 2439 4Section 2439. 115.28 (35) of the statutes is repealed.
AB40-ASA1, s. 2440 5Section 2440. 115.28 (39) of the statutes is amended to read:
AB40-ASA1,991,116 115.28 (39) Alcohol and other drug abuse report. By July 1, 1998, and
7biennially
Biennially by July 1 thereafter, evaluate the effectiveness of the programs
8under ss. s. 115.36 and 115.361 and submit a report to the legislature under s. 13.172
9(2). To satisfy this reporting requirement as it pertains to s. 115.361, the department
10may incorporate into the report under this subsection the report required under s.
11115.361 (2).
AB40-ASA1, s. 2441 12Section 2441. 115.28 (45) of the statutes is repealed.
AB40-ASA1, s. 2442 13Section 2442. 115.28 (46) of the statutes is repealed.
AB40-ASA1, s. 2443 14Section 2443. 115.28 (47) of the statutes is repealed.
AB40-ASA1, s. 2446 15Section 2446. 115.33 (2) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,991,1816 115.33 (2) (a) (intro.) The state superintendent may request the department
17of commerce safety and professional services to inspect a public school if any of the
18following occurs:
AB40-ASA1, s. 2447 19Section 2447. 115.33 (2) (b) of the statutes is amended to read:
AB40-ASA1,991,2220 115.33 (2) (b) The department of commerce safety and professional services
21shall inspect the school within 30 days after receiving a request from the state
22superintendent under par. (a).
AB40-ASA1, s. 2448 23Section 2448. 115.33 (3) (a) of the statutes is amended to read:
AB40-ASA1,992,424 115.33 (3) (a) If the state superintendent determines that a school is not in
25compliance, and the department of commerce safety and professional services, based

1on its inspection of the school, concurs in the determination, the state
2superintendent may order the school board to repair, improve, remodel or close the
3school by a stated date. An order issued under this paragraph constitutes a
4preliminary finding of noncompliance with the standard under s. 121.02 (1) (i).
AB40-ASA1, s. 2449 5Section 2449. 115.33 (3) (b) 1. of the statutes is amended to read:
AB40-ASA1,992,176 115.33 (3) (b) 1. If the state superintendent determines that a school is not in
7compliance and is not worth repairing, and the department of commerce safety and
8professional services
, based on its inspection of the school, concurs in the
9determination, the state superintendent may order the school board to develop a
10plan that describes how the school board will achieve compliance with the standard
11under s. 121.02 (1) (i). The plan shall specify the time within which compliance with
12the standard under s. 121.02 (1) (i) shall be achieved. The state superintendent shall
13hold a public hearing on the plan in the school district and may, as a result of the
14hearing, recommend changes to the plan. The state superintendent may withhold
15up to 25% of the school district's state aid if the school district fails to achieve
16compliance with the standard under s. 121.02 (1) (i) within the period specified in the
17plan.
AB40-ASA1, s. 2451 18Section 2451. 115.361 of the statutes is repealed.
AB40-ASA1, s. 2453 19Section 2453. 115.39 of the statutes is repealed.
AB40-ASA1, s. 2454 20Section 2454. 115.405 (2m) of the statutes is repealed.
AB40-ASA1, s. 2457 21Section 2457. 115.45 of the statutes is repealed.
AB40-ASA1, s. 2458 22Section 2458. 115.53 (3) (a) and (b) of the statutes are consolidated,
23renumbered 115.53 (3) and amended to read:
AB40-ASA1,993,524 115.53 (3) Arrange for otological or ophthalmic examination of any pupil or
25prospective pupil of the school operated by the Wisconsin Educational Services

1Program for the Deaf and Hard of Hearing. The examination shall be paid for from
2the appropriation in s. 20.255 (1) (b), (gh) or (gs). (b) Arrange for ophthalmic or
3otological examination of any pupil or prospective pupil of
or the school operated by
4the Wisconsin Center for the Blind and Visually Impaired. The examination shall
5be paid for from the appropriation in under s. 20.255 (1) (b), (gh), (gL), or (gs).
AB40-ASA1, s. 2459 6Section 2459. 115.53 (4) (unnumbered first par.) and (a) of the statutes are
7consolidated, renumbered 115.53 (4) and amended to read:
AB40-ASA1,993,178 115.53 (4) Apply to the board of directors of the University of Wisconsin
9Hospitals and Clinics Authority for admission to the University of Wisconsin
10Hospitals and Clinics of any pupil at the school operated by the Wisconsin
11Educational Services Program for the Deaf and Hard of Hearing or the school
12operated by the Wisconsin Center for the Blind and Visually Impaired. (a) The
13application shall be accompanied by the report of a physician appointed by the
14director of the Wisconsin Educational Services Program for the Deaf and Hard of
15Hearing or the director of the Wisconsin Center for the Blind and Visually Impaired
16and shall be in the same form as reports of other physicians for admission of patients
17to such hospital.
AB40-ASA1, s. 2460 18Section 2460. 115.53 (4) (b) of the statutes is repealed.
AB40-ASA1, s. 2472 19Section 2472. 118.07 (2) (b) of the statutes is amended to read:
AB40-ASA1,994,220 118.07 (2) (b) In each community having a recognized fire department, the
21person having direct charge of any public or private school shall annually file a report
22pertaining to such drills, on a form furnished by the department of commerce safety
23and professional services
, with the chief of the fire department. When no fire drill
24is held during any month, or when only one or no tornado or other hazard drill is held

1in a year, the person having direct charge of the school shall state the reasons in the
2report.
AB40-ASA1, s. 2473 3Section 2473. 118.075 (2) (a) 2. of the statutes is amended to read:
AB40-ASA1,994,54 118.075 (2) (a) 2. The secretary of commerce safety and professional services
5or his or her designee.
AB40-ASA1, s. 2476m 6Section 2476m. 118.125 (4) of the statutes is amended to read:
AB40-ASA1,994,217 118.125 (4) Transfer of records. Within 5 working days, a school district and
8a private school participating in the program under s. 118.60, in the program under
9s. 118.62, or in the program under
s. 119.23 shall transfer to another school, including
10a private or tribal school, or school district all pupil records relating to a specific pupil
11if the transferring school district or private school has received written notice from
12the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor
13that the pupil intends to enroll in the other school or school district or written notice
14from the other school or school district that the pupil has enrolled or from a court that
15the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02
16(10p), or a secured residential care center for children and youth, as defined in s.
17938.02 (15g). In this subsection, "school" and "school district" include any juvenile
18correctional facility, secured residential care center for children and youth, adult
19correctional institution, mental health institute, or center for the developmentally
20disabled that provides an educational program for its residents instead of or in
21addition to that which is provided by public, private, and tribal schools.
AB40-ASA1, s. 2477 22Section 2477. 118.135 (2) of the statutes is amended to read:
AB40-ASA1,995,223 118.135 (2) A pupil who complies with a request under sub. (1) shall provide
24evidence of an eye examination or evaluation by December 31 following the pupil's
25enrollment in kindergarten. The school board or charter school shall provide pupils

1with the form distributed by the department of regulation and licensing safety and
2professional services
under s. 440.03 (16) for that purpose.
AB40-ASA1, s. 2482m 3Section 2482m. 118.153 (3) (c) 2. of the statutes is amended to read:
AB40-ASA1,995,74 118.153 (3) (c) 2. The school board may contract with the agencies identified
5under subd. 1. for not more than 30% of the children at risk enrolled in the school
6district if the school board determines that the agencies can adequately serve such
7children.
AB40-ASA1, s. 2488b 8Section 2488b. 118.30 (1g) (a) 4. of the statutes is created to read:
AB40-ASA1,995,139 118.30 (1g) (a) 4. The governing body of each private school participating in the
10program under s. 118.60 shall adopt pupil academic standards in mathematics,
11science, reading and writing, geography, and history. The governing body of the
12private school may adopt the pupil academic standards issued by the governor as
13executive order no. 326, dated January 13, 1998.
AB40-ASA1, s. 2488c 14Section 2488c. 118.30 (1g) (a) 5. of the statutes is created to read:
AB40-ASA1,995,1915 118.30 (1g) (a) 5. The governing body of each private school participating in the
16program under s. 118.62 shall adopt pupil academic standards in mathematics,
17science, reading and writing, geography, and history. The governing body of the
18private school may adopt the pupil academic standards issued by the governor as
19executive order no. 326, dated January 13, 1998.
AB40-ASA1, s. 2488e 20Section 2488e. 118.30 (1t) of the statutes is created to read:
AB40-ASA1,995,2221 118.30 (1t) Annually, the governing body of each private school participating
22in the program under s. 118.60 shall do all of the following:
AB40-ASA1,995,2523 (a) Administer the 4th grade examination adopted or approved by the state
24superintendent under sub. (1) to all pupils attending the 4th grade in the private
25school under s. 118.60.
AB40-ASA1,996,3
1(b) Administer the 8th grade examination adopted or approved by the state
2superintendent under sub. (1) to all pupils attending the 8th grade in the private
3school under s. 118.60.
AB40-ASA1,996,64 (c) Administer the 10th grade examination adopted or approved by the state
5superintendent under sub. (1) to all pupils attending the 10th grade in the private
6school under s. 118.60.
AB40-ASA1,996,97 (d) Administer to pupils attending the private school under s. 118.60 all other
8examinations in reading, mathematics, and science that are required to be
9administered to public school pupils under 20 USC 6311 (b) (3).
AB40-ASA1, s. 2488f 10Section 2488f. 118.30 (1v) of the statutes is created to read:
AB40-ASA1,996,1211 118.30 (1v) Annually, the governing body of each private school participating
12in the program under s. 118.62 shall do all of the following:
AB40-ASA1,996,1513 (a) Administer the 4th grade examination adopted or approved by the state
14superintendent under sub. (1) to all pupils attending the 4th grade in the private
15school under s. 118.62.
AB40-ASA1,996,1816 (b) Administer the 8th grade examination adopted or approved by the state
17superintendent under sub. (1) to all pupils attending the 8th grade in the private
18school under s. 118.62.
AB40-ASA1,996,2119 (c) Administer the 10th grade examination adopted or approved by the state
20superintendent under sub. (1) to all pupils attending the 10th grade in the private
21school under s. 118.62.
AB40-ASA1,996,2422 (d) Administer to pupils attending the private school under s. 118.62 all other
23examinations in reading, mathematics, and science that are required to be
24administered to public school pupils under 20 USC 6311 (b) (3).
AB40-ASA1, s. 2488h 25Section 2488h. 118.30 (2) (b) 1. of the statutes is amended to read:
AB40-ASA1,997,6
1118.30 (2) (b) 1. If a pupil is enrolled in a special education program under
2subch. V of ch. 115, the school board, operator of the charter school under s. 118.40
3(2r), governing body of the private school participating in the program under s.
4118.60, governing body of the private school participating in the program under s.
5118.62,
or governing body of the private school participating in the program under
6s. 119.23 shall comply with s. 115.77 (1m) (bg).
AB40-ASA1, s. 2488L 7Section 2488L. 118.30 (2) (b) 2. of the statutes is amended to read:
AB40-ASA1,997,168 118.30 (2) (b) 2. According to criteria established by the state superintendent
9by rule, the school board, operator of the charter school under s. 118.40 (2r),
10governing body of the private school participating in the program under s. 118.60,
11governing body of the private school participating in the program under s. 118.62,
or
12governing body of the private school participating in the program under s. 119.23
13may determine not to administer an examination under this section to a
14limited-English speaking pupil, as defined under s. 115.955 (7), may permit the
15pupil to be examined in his or her native language, or may modify the format and
16administration of an examination for such pupils.
AB40-ASA1, s. 2488p 17Section 2488p. 118.30 (2) (b) 6. of the statutes is created to read:
AB40-ASA1,997,2018 118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing
19body of a private school participating in the program under s. 118.60 shall excuse the
20pupil from taking an examination administered under sub. (1t) (a) to (c).
AB40-ASA1, s. 2488pm 21Section 2488pm. 118.30 (2) (b) 7. of the statutes is created to read:
AB40-ASA1,997,2422 118.30 (2) (b) 7. Upon the request of a pupil's parent or guardian, the governing
23body of a private school participating in the program under s. 118.62 shall excuse the
24pupil from taking an examination administered under sub. (1v) (a) to (c).
AB40-ASA1, s. 2488pq 25Section 2488pq. 118.30 (5) of the statutes is created to read:
AB40-ASA1,998,3
1118.30 (5) Beginning in the 2014-15 school year, the department shall ensure
2that benchmark assessments are administered to pupils annually under this section
3prior to the administration of summative assessments under this section.
AB40-ASA1, s. 2488pt 4Section 2488pt. 118.30 (5m) of the statutes is created to read:
AB40-ASA1,998,115 118.30 (5m) When determining the percentage of pupils participating in the
6program under s. 119.23 who performed at designated proficiency levels on the
7examinations administered as required under sub. (1s), the department shall
8consider only the pupils participating in the program under s. 119.23 to whom the
9examinations were administered at each grade level, and shall exclude from
10consideration those pupils participating in the program under s. 119.23 who were
11excused from taking the examinations under sub. (2) (b) 5.
AB40-ASA1, s. 2488q 12Section 2488q. 118.33 (1) (f) 2g. of the statutes is created to read:
AB40-ASA1,998,1713 118.33 (1) (f) 2g. The governing body of each private school participating in the
14program under s. 118.62 shall develop a policy specifying criteria for granting a high
15school diploma to pupils attending the private school under s. 118.62. The criteria
16shall include the pupil's academic performance and the recommendations of
17teachers.
AB40-ASA1, s. 2488r 18Section 2488r. 118.33 (1) (f) 2r. of the statutes is created to read:
AB40-ASA1,998,2319 118.33 (1) (f) 2r. The governing body of each private school participating in the
20program under s. 118.60 shall develop a policy specifying criteria for granting a high
21school diploma to pupils attending the private school under s. 118.60. The criteria
22shall include the pupil's academic performance and the recommendations of
23teachers.
AB40-ASA1, s. 2488u 24Section 2488u. 118.33 (1) (f) 3. of the statutes is amended to read:
AB40-ASA1,999,14
1118.33 (1) (f) 3. Beginning on September 1, 2005, neither a school board nor an
2operator of a charter school under s. 118.40 (2r) may grant a high school diploma to
3any pupil unless the pupil has satisfied the criteria specified in the school board's or
4charter school's policy under subd. 1. or 2. Beginning on September 1, 2010, the
5governing body of a private school participating in the program under s. 119.23 may
6not grant a high school diploma to any pupil attending the private school under s.
7119.23 unless the pupil has satisfied the criteria specified in the governing body's
8policy under subd. 2m. The governing body of a private school participating in the
9program under s. 118.60 may not grant a high school diploma to any pupil attending
10the private school under s. 118.60 unless the pupil has satisfied the criteria specified
11in the governing body's policy under subd. 2r. The governing body of a private school
12participating in the program under s. 118.62 may not grant a high school diploma to
13any pupil attending the private school under s. 118.62 unless the pupil has satisfied
14the criteria specified in the governing body's policy under subd. 2g.
AB40-ASA1, s. 2488v 15Section 2488v. 118.33 (6) (cg) of the statutes is created to read:
AB40-ASA1,999,2416 118.33 (6) (cg) 1. The governing body of each private school participating in the
17program under s. 118.62 shall adopt a written policy specifying criteria for promoting
18a pupil who is attending the private school under s. 118.62 from the 4th grade to the
195th grade and from the 8th grade to the 9th grade. The criteria shall include the
20pupil's score on the examination administered under s. 118.30 (1v) (a) or (b), unless
21the pupil has been excused from taking the examination under s. 118.30 (2) (b); the
22pupil's academic performance; the recommendations of teachers, which shall be
23based solely on the pupil's academic performance; and any other academic criteria
24specified by the governing body of the private school.
AB40-ASA1,1000,6
12. The governing body of a private school participating in the program under
2s. 118.62 may not promote a 4th grade pupil who is attending the private school
3under s. 118.62 to the 5th grade, and may not promote an 8th grade pupil who is
4attending the private school under s. 118.62 to the 9th grade, unless the pupil
5satisfies the criteria for promotion specified in the governing body's policy under
6subd. 1.
AB40-ASA1, s. 2488y 7Section 2488y. 118.33 (6) (cr) of the statutes is created to read:
AB40-ASA1,1000,168 118.33 (6) (cr) 1. The governing body of each private school participating in the
9program under s. 118.60 shall adopt a written policy specifying criteria for promoting
10a pupil who is attending the private school under s. 118.60 from the 4th grade to the
115th grade and from the 8th grade to the 9th grade. The criteria shall include the
12pupil's score on the examination administered under s. 118.30 (1t) (a) or (b), unless
13the pupil has been excused from taking the examination under s. 118.30 (2) (b); the
14pupil's academic performance; the recommendations of teachers, which shall be
15based solely on the pupil's academic performance; and any other academic criteria
16specified by the governing body of the private school.
AB40-ASA1,1000,2217 2. The governing body of a private school participating in the program under
18s. 118.60 may not promote a 4th grade pupil who is attending the private school
19under s. 118.60 to the 5th grade, and may not promote an 8th grade pupil who is
20attending the private school under s. 118.60 to the 9th grade, unless the pupil
21satisfies the criteria for promotion specified in the governing body's policy under
22subd. 1.
AB40-ASA1, s. 2489 23Section 2489. 118.35 (4) of the statutes is amended to read:
AB40-ASA1,1001,524 118.35 (4) From the appropriation under s. 20.255 (2) (fy), the department shall
25award grants to nonprofit organizations, cooperative educational service agencies,

1institutions within the University of Wisconsin System, and the school district
2operating under ch. 119 for the purpose of providing advanced curriculum and
3assessments for
to gifted and talented pupils those services and activities not
4ordinarily provided in a regular school program that allow such pupils to fully
5develop their capabilities
.
AB40-ASA1, s. 2499 6Section 2499. 118.40 (2r) (e) 1. a. of the statutes is renumbered 118.40 (2r) (e)
71m. and amended to read:
AB40-ASA1,1001,148 118.40 (2r) (e) 1m. In the 2009-10 2011-12 and 2010-11 2012-13 school years,
9from the appropriation under s. 20.255 (2) (fm), the department shall pay to the
10operator of the charter school an amount equal to the sum of the amount paid per
11pupil under this subdivision paragraph in the previous school year and the increase
12in the per pupil amount paid to private schools under s. 119.23 (4) (b) 2. or (bg) in the
13current school year as compared to the previous school year, multiplied by the
14number of pupils attending the charter school.
AB40-ASA1, s. 2500 15Section 2500. 118.40 (2r) (e) 1. b. of the statutes is renumbered 118.40 (2r) (e)
162m. and amended to read:
AB40-ASA1,1001,2217 118.40 (2r) (e) 2m. In the 2011-12 2013-14 school year and in each school year
18thereafter, from the appropriation under s. 20.255 (2) (fm), the department shall pay
19to the operator of the charter school an amount equal to the sum of the amount paid
20per pupil under this subdivision paragraph in the previous school year and the per
21pupil revenue limit adjustment under s. 121.91 (2m) in the current school year,
22multiplied by the number of pupils attending the charter school.
AB40-ASA1, s. 2501 23Section 2501. 118.40 (2r) (e) 1. c. of the statutes is renumbered 118.40 (2r) (e)
243m. and amended to read:
AB40-ASA1,1002,5
1118.40 (2r) (e) 3m. The amount paid per pupil under this subdivision
2paragraph may not be less than the amount paid per pupil under this subdivision
3paragraph in the previous school year. The department shall pay 25% of the total
4amount in September, 25% in December, 25% in February, and 25% in June. The
5department shall send the check to the operator of the charter school.
AB40-ASA1, s. 2502m 6Section 2502m. 118.40 (2r) (e) 2. of the statutes is renumbered 118.40 (2r) (e)
74. and amended to read:
AB40-ASA1,1002,178 118.40 (2r) (e) 4. If the chancellor of the University of Wisconsin-Parkside
9establishes or contracts for the establishment of a charter school under this
10subsection, in March the department shall pay to the unified school district in which
11the charter school is located, from the appropriation under s. 20.255 (2) (fm), an
12amount equal to the amount of school aid per pupil to which the unified school district
13is eligible in the current school year multiplied by the number of pupils attending the
14charter school who were previously enrolled in the unified school district, except that
15the payment may not exceed $1,000,000 in the 2011-12 school year and may not
16exceed $750,000 in the 2012-13 school year. No aid may be paid under this
17subdivision after the 2012-13 school year
.
AB40-ASA1, s. 2503 18Section 2503. 118.40 (2r) (f) of the statutes is repealed.
AB40-ASA1, s. 2507 19Section 2507. 118.40 (8) (h) of the statutes is repealed.
AB40-ASA1, s. 2507b 20Section 2507b. 118.43 (2) (b) 2. of the statutes is amended to read:
AB40-ASA1,1002,2221 118.43 (2) (b) 2. The school board is not receiving a grant under the preschool
22to grade 5 program on behalf of the school under s. 115.45, 2009 stats.
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