Amendment SSA1-SB21

SB21-SSA1,1027,9 (b) At least 150 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall adopt a resolution stating its intention to do so. Within 10 days after adoption of the resolution, the school district clerk shall publish notice of the adoption of the resolution as a class 1 notice under ch. 985 in a newspaper published in the school district or post a notice of the adoption of the resolution as provided in s. 10.05.

SB21-SSA1,1027,17 (c) Within 30 days after publication or posting, a petition signed by at least 20 percent of the electors residing in the school district may be filed with the school board requesting a feasibility study of the agreement. Upon receiving the petition, the school board shall contract with an organization approved by the department to conduct the feasibility study. If a feasibility study is required under this paragraph, the school board may not enter into, extend, or renew a whole grade sharing agreement until it receives the results of the study. The school board shall post the results of the feasibility study on the school district's Internet site.

SB21-SSA1,1027,22 (d) At least 30 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall hold a public hearing in the school district at which the proposed agreement is described and at which any school district elector may comment on the proposed agreement. Two or more school boards that will be parties to the agreement may hold a joint public hearing in one of the school districts.

SB21-SSA1,1027,25 (e) No later than 10 days after entering into, extending, or renewing a whole grade sharing agreement, the school district clerk shall file with the state superintendent a certified copy of the whole grade sharing agreement.

SB21-SSA1,1028,5 (2m) Pupils with disabilities. (a) Under a whole grade sharing agreement, for each pupil with an individualized education program that is in effect, the school board of the school district in which the pupil resides shall pay the school board of the nonresident school district in which the pupil attends school under the whole grade sharing agreement the following amount:

SB21-SSA1,1028,6 1. In the 2016-17 school year, $12,000.

SB21-SSA1,1028,12 2. Beginning in the 2017-18 school year, the sum of the per pupil amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

SB21-SSA1,1028,18 (b) If a pupil with an individualized education program that is in effect attends school in a nonresident school district under a whole grade sharing agreement for less than a full school term, the resident school board shall prorate the payment amount under par. (a) based on the number of days that school is in session during that school term and number of days the pupil attends school in the nonresident school district during that school term.

SB21-SSA1,1028,22 (3) Transportation. (a) A pupil's resident school board is responsible for transporting the pupil to and from the school the pupil attends during the school term under a whole grade sharing agreement, unless the whole grade sharing agreement provides otherwise.

SB21-SSA1,1028,25 (b) 1. Subject to subd. 2., a whole grade sharing agreement shall specify which participating school board is responsible for transporting pupils to attend summer school classes.

SB21-SSA1,1029,5 2. If a school board provides transportation to attend summer school classes in the school district to pupils who reside in the school district, the school board shall provide transportation to attend summer school classes in the school district to pupils who do not reside in the school district who are attending summer school classes in the school district under a whole grade sharing agreement.

SB21-SSA1,1029,8 (c) If, under a whole grade sharing agreement, a school board provides transportation for fewer than all pupils, there shall be reasonable uniformity in the minimum and maximum distances pupils are transported.

SB21-SSA1,1029,12 (4) Attendance areas. If a school board enters into a whole grade sharing agreement that designates more than one school district for the attendance of its pupils, the school board shall establish attendance areas within the school district for determining the school districts of attendance of the pupils.

SB21-SSA1,1029,17 (5) Rights and privileges of nonresident pupils; participation in programs. (a) Except as provided in s. 118.134 (3m), a pupil attending a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.

SB21-SSA1,1029,21 (b) A pupil attending a public school in a nonresident school district under this section is considered a resident of the nonresident school district for the purposes of participating in programs of a cooperative educational service agency or a county children with disabilities education board.

SB21-SSA1,1030,4 (6) Full-time open enrollment in a participating nonresident school district. If a whole grade sharing agreement provides for a pupil to attend a grade in a nonresident school district in which the pupil is attending school under s. 118.51, the pupil's status as a pupil attending the nonresident school district under s. 118.51 is suspended for the school year the pupil is enrolled in the grade that is subject to the whole grade sharing agreement. This subsection does not prevent a pupil from continuing to attend the nonresident school district in succeeding school years without reapplying, as provided under s. 118.51 (3) (c).

SB21-SSA1,1030,6 (7) School district reorganization. A whole grade sharing agreement entered into under this section is not an order of school district reorganization under ch. 117.

SB21-SSA1,1030,8 (8) The department may promulgate rules to implement and administer this section.

SB21-SSA1,3304 Section 3304. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ag).

SB21-SSA1,3305 Section 3305. 118.51 (1) (ad) of the statutes is created to read:

SB21-SSA1,1030,12 118.51 (1) (ad) "Charter school" excludes a school under contract with an entity under s. 118.40 (2r) (b) or the director under s. 118.40 (2x).

SB21-SSA1,3306 Section 3306. 118.51 (2) of the statutes is amended to read:

SB21-SSA1,1030,21 118.51 (2) Applicability. A Except as provided in s. 118.50 (6), a pupil may attend a public school, including a charter school, prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.

SB21-SSA1,3306e Section 3306e. 118.51 (3) (a) 4. of the statutes is amended to read:

SB21-SSA1,1031,3 118.51 (3) (a) 4. On or before the 2nd Friday following the first Monday in June following receipt of a copy of the application, if a resident school board denies a pupil's enrollment in a nonresident school district under sub. (6), or (7) or (12) (b) 1., the resident school board shall notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the denial.

SB21-SSA1,3306g Section 3306g. 118.51 (3m) (d) (intro.) and 1. of the statutes are consolidated, renumbered 118.51 (3m) (d) and amended to read:

SB21-SSA1,1031,10 118.51 (3m) (d) A resident school district may notify an applicant under par. (a) that the pupil may not attend a school or program in the nonresident school district only for the following reasons: 1. The if the resident school district determines that the criteria relied on by the applicant under par. (b) does not apply to the pupil.

SB21-SSA1,3306h Section 3306h. 118.51 (3m) (d) 2. of the statutes is repealed.

SB21-SSA1,3306m Section 3306m. 118.51 (9) of the statutes is amended to read:

SB21-SSA1,1031,25 118.51 (9) Appeal of rejection. If the nonresident school board rejects an application under sub. (3) (a) or (7), the resident school board prohibits a pupil from attending public school in a nonresident school district under sub. (3m) (d), (6), or (7) or (12) (b) 1., or the nonresident school board prohibits a pupil from attending public school in the nonresident school district under sub. (11), the pupil's parent may appeal the decision to the department within 30 days after the decision. If the nonresident school board provides notice that the special education or related service is not available under sub. (12) (a), the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. If the resident school board provides notice of transfer under sub. (12) (b) 2., the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable.

SB21-SSA1,3306p Section 3306p. 118.51 (12) (a) of the statutes is renumbered 118.51 (12).

SB21-SSA1,3306r Section 3306r. 118.51 (12) (am) of the statutes is repealed.

SB21-SSA1,3306t Section 3306t. 118.51 (12) (b) of the statutes is repealed.

SB21-SSA1,3307 Section 3307. 118.51 (14) (b) of the statutes is amended to read:

SB21-SSA1,1032,22 118.51 (14) (b) Low-income assistance. The parent of a pupil who is eligible satisfies the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1) and who will be attending public school in a nonresident school district in the following school year under this section may apply to the department, on the form prepared under sub. (15) (a), for the reimbursement of costs incurred by the parent for the transportation of the pupil to and from the pupil's residence and the school that the pupil will be attending. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The reimbursement amount may not exceed the actual transportation costs incurred by the parent or 3 times the statewide average per pupil transportation costs, whichever is less. If the appropriation under s. 20.255 (2) (cy) in any one year is insufficient to pay the full amount of approved claims under this paragraph, payments shall be prorated among the parents entitled thereto. By the 2nd Friday following the first Monday in May following receipt of the parent's application under sub. (3) (a), the department shall provide to each parent requesting reimbursement under this paragraph an estimate of the amount of reimbursement that the parent will receive if the pupil attends public school in the nonresident school district in the following school year.

SB21-SSA1,3307p Section 3307p. 118.51 (16) (a) 1. of the statutes is amended to read:

SB21-SSA1,1033,3 118.51 (16) (a) 1. For each school district, the number of nonresident pupils attending public school in the school district under this section, other than pupils for whom tuition is paid a payment is made under sub. (17) (a) or (c).

SB21-SSA1,3308d Section 3308d. 118.51 (16) (a) 2. of the statutes is amended to read:

SB21-SSA1,1033,7 118.51 (16) (a) 2. For each school district, the number of resident pupils attending public school in a nonresident school district under this section, other than pupils for whom tuition is paid a payment is made under sub. (17) (a) or (c).

SB21-SSA1,3309c Section 3309c. 118.51 (16) (c) of the statutes is amended to read:

SB21-SSA1,1033,13 118.51 (16) (c) If a pupil attends public school in a nonresident school district under this section for less than a full school term, the department shall prorate the state aid adjustments under this subsection and sub. (17) (c) based on the number of days that school is in session and the pupil attends public school in the nonresident school district.

SB21-SSA1,3309d Section 3309d. 118.51 (16) (d) of the statutes is amended to read:

SB21-SSA1,1033,17 118.51 (16) (d) The department shall ensure that the aid adjustment adjustments under par. (b) does and sub. (17) (c) do not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

SB21-SSA1,3309e Section 3309e. 118.51 (17) (title) of the statutes is repealed and recreated to read:

SB21-SSA1,1033,21 118.51 (17) (title) State aid adjustments and tuition; children with disabilities.

SB21-SSA1,3309f Section 3309f. 118.51 (17) of the statutes is renumbered 118.51 (17) (a) and amended to read:

SB21-SSA1,1034,4 118.51 (17) (a) The In the 2015-16 school year, the resident school board shall pay to the nonresident school board, for each child who is attending public school in the nonresident school district under this section and is receiving special education or related services under subch. V of ch. 115, tuition calculated using the daily tuition rate under s. 121.83 for such children enrolled in the nonresident school district, or an amount agreed to by the school boards of the 2 school districts.

SB21-SSA1,3309g Section 3309g. 118.51 (17) (b) of the statutes is created to read:

SB21-SSA1,1034,7 118.51 (17) (b) 1. Beginning in the 2016-17 school year, the department shall determine all of the following:

SB21-SSA1,1034,10 a. For each school district, the number of nonresident pupils attending public school in the school district under this section who are receiving special education or related services under subch. V of ch. 115.

SB21-SSA1,1034,14 b. For each school district, the number of resident pupils attending public school in a nonresident school district under this section who are receiving special education or related services under subch. V of ch. 115 in the nonresident school district.

SB21-SSA1,1034,15 2. a. In the 2016-17 school year, the per pupil transfer amount is $12,000.

SB21-SSA1,1034,21 b. Beginning in the 2017-18 school year, the per pupil transfer amount is the sum of the per pupil transfer amount for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

SB21-SSA1,3309h Section 3309h. 118.51 (17) (c) of the statutes is created to read:

SB21-SSA1,1035,2 118.51 (17) (c) 1. If the number determined in par. (b) 1. a. is greater than the number determined in par. (b) 1. b. for a school district, beginning in the 2016-17 school year, the department shall increase that school district's state aid payment under s. 121.08 by an amount equal to the difference multiplied by the amount under par. (b) 2.

SB21-SSA1,1035,13 2. If the number determined in par. (b) 1. a. is less than the number determined in par. (b) 1. b. for a school district, beginning in the 2016-17 school year, the department shall decrease that school district's state aid payment under s. 121.08 by an amount equal to the difference multiplied by the amount under par. (b) 2. If the state aid payment under s. 121.08 is insufficient to cover the reduction, the department shall decrease other state aid payments made by the department to the school district by the remaining amount. If the state aid payment under s. 121.08 and other state aid payments made by the department to the school district are insufficient to cover the reduction, the department shall use the moneys appropriated under s. 20.255 (2) (cg) to pay the balance to school districts under subd. 1.

SB21-SSA1,3309i Section 3309i. 118.52 (3) (a) of the statutes is amended to read:

SB21-SSA1,1036,2 118.52 (3) (a) The parent of a pupil who wishes to attend an educational institution for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the educational institution at which the pupil wishes to attend a course not later than 6 weeks prior to the date on which the course is scheduled to commence. The application shall specify the course that the pupil wishes to attend and may specify the school or schools at which the pupil wishes to attend the course. The educational institution shall send a copy of the application to the pupil's resident school board, except that if the pupil is attending a school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the educational institution shall send a copy of the application to the school board of the district in which the pupil is attending school.

SB21-SSA1,3309j Section 3309j. 118.52 (3) (c) of the statutes is amended to read:

SB21-SSA1,1036,14 118.52 (3) (c) No later than one week prior to the date on which the course is scheduled to commence, the educational institution shall notify the applicant and the resident school board, in writing, whether the application has been accepted and, if the application is accepted, the school at which the pupil may attend the course. If the applicant pupil is attending a school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the educational institution shall provide the notice required under this paragraph to the school board of the district in which the pupil is attending school. The acceptance applies only for the following semester, school year or other session in which the course is offered. If the educational institution rejects an application, it shall include in the notice the reason for the rejection.

SB21-SSA1,3309L Section 3309L. 118.52 (3) (d) (intro.) of the statutes is amended to read:

SB21-SSA1,1036,20 118.52 (3) (d) (intro.) No later than one week prior to the date on which the course is scheduled to commence, the resident school board, or, in the case of a pupil attending a school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the school board of the district in which the pupil is attending school, shall do all of the following:

SB21-SSA1,3309p Section 3309p. 118.52 (3) (e) of the statutes is amended to read:

SB21-SSA1,1037,3 118.52 (3) (e) Following receipt of a notice of acceptance but prior to the date on which the course is scheduled to commence, the pupil's parent shall notify the resident school board, or, if the pupil is attending school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the school board of the district in which the pupil is attending school, and the educational institution of the pupil's intent to attend the course at the educational institution.

SB21-SSA1,3309t Section 3309t. 118.52 (6) (a) of the statutes is amended to read:

SB21-SSA1,1037,12 118.52 (6) (a) 1. The school board of a pupil's resident school district, or, if the pupil is attending school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the school board of the district in which the pupil is attending school, shall reject a pupil's application to attend a course at an educational institution if the resident school board or the school board of the district in which the pupil is attending school, respectively, determines that the course conflicts with the individualized education program for the pupil under s. 115.787 (2).

SB21-SSA1,3309x Section 3309x. 118.52 (6) (c) of the statutes is amended to read:

SB21-SSA1,1037,21 118.52 (6) (c) Pupil plan; high school graduation requirements. The school board of a pupil's resident school district, or, in the case of a pupil attending school in a district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the school board of the district in which the pupil is attending school, may reject an application by a pupil to attend a course at an educational institution if the resident school board or the school board of the district in which the pupil is attending school, respectively, determines that any of the following apply:

SB21-SSA1,3310 Section 3310. 118.52 (11) (b) of the statutes is amended to read:

SB21-SSA1,1038,7 118.52 (11) (b) Low-income assistance. The parent of a pupil who is attending a course at an educational institution under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the educational institution that the pupil is attending for the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The department shall give preference under this paragraph to those pupils who are eligible satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

SB21-SSA1,3310g Section 3310g. 118.52 (12) of the statutes is renumbered 118.52 (12) (a) and amended to read:

SB21-SSA1,1038,16 118.52 (12) Tuition. (a) The resident school board shall pay to the educational institution, for each resident pupil attending a course at the educational institution under this section, an amount equal to the cost of providing the course to the pupil, calculated in a manner determined by the department. The Except as provided in par. (b), the educational institution may not charge to or receive from the pupil or the pupil's resident school board any additional payment for a pupil attending a course at the educational institution under this section.

SB21-SSA1,3310r Section 3310r. 118.52 (12) (b) of the statutes is created to read:

SB21-SSA1,1038,24 118.52 (12) (b) An educational institution that is an institution of higher education may charge a pupil, or the parent or guardian of a minor pupil, additional tuition and fees for attending a course at the institution of higher education under this section, but only if the pupil will receive post-secondary credit for the successful completion of the course. The school board and the educational institution under this paragraph shall determine the amount of tuition and fees the educational institution may charge a pupil for attending such a course.

SB21-SSA1,3311 Section 3311. 118.55 (7g) of the statutes is amended to read:

SB21-SSA1,1039,11 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The state superintendent shall give preference under this subsection to those pupils who are eligible satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

SB21-SSA1,3311m Section 3311m. 118.56 (intro.) of the statutes is amended to read:

SB21-SSA1,1039,17 118.56 Work based learning programs. (intro.) A school board, a governing body board of a charter school established under s. 118.40 (2r) or (2x), or a governing body of a private school may create a work based learning program for pupils in grades 9 to 12. A school board or governing body that creates a work based learning program under this section shall create the program to do all of the following:

SB21-SSA1,3312 Section 3312. 118.57 of the statutes is created to read:

SB21-SSA1,1039,24 118.57 Notice of educational options; accountability report performance category; pupil assessments. (1) Annually, by January 31, each school board shall publish as a class 1 notice, under ch. 985, and post on its Internet site a description of the educational options available to the child, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time open enrollment, youth options, and course options.

SB21-SSA1,1040,7 (2) The school board shall include in the notice under sub. (1) the most recent performance category assigned under s. 115.385 (2) to each school within the school district boundaries, including charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental choice program under s. 118.60 or 119.23. The notice published by the school board shall inform parents that the full school and school district accountability report is available on the school board's Internet site.

SB21-SSA1,3313 Section 3313. 118.60 (1) (b) of the statutes is repealed.

SB21-SSA1,3314 Section 3314. 118.60 (1) (e) of the statutes is repealed.

SB21-SSA1,3315 Section 3315. 118.60 (1) (f) of the statutes is repealed.

SB21-SSA1,3317 Section 3317. 118.60 (2) (a) 1. a. of the statutes is amended to read:

SB21-SSA1,1040,19 118.60 (2) (a) 1. a. Except as provided in par. (bm), the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. The Except as provided in subd. 1. c., the family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section.

SB21-SSA1,3318 Section 3318. 118.60 (2) (a) 1. c. of the statutes is created to read:

SB21-SSA1,1041,2 118.60 (2) (a) 1. c. The family income of a pupil does not need to be verified under subd. 1. b. for a pupil who resided in a school district other than an eligible school district or a 1st class city school district in a school year, attended a participating private school in a school district other than an eligible school district or a 1st class city school district under the program under this section in that school year, and applies to attend a participating private school in any other school district in the school year immediately following that school year.

SB21-SSA1,3319 Section 3319. 118.60 (2) (a) 2m. of the statutes is created to read: