Amendment ASA1-AB64

AB64-ASA1,801,3 118.50 (2) (a) A school board may not enter into, extend, or renew a whole grade sharing agreement after January 10 February 15 of the school year preceding the school year in which the agreement, extension, or renewal takes effect.

AB64-ASA1,1534g Section 1534g. 118.50 (2) (b) of the statutes is amended to read:

AB64-ASA1,801,10 118.50 (2) (b) At least 150 60 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.

AB64-ASA1,1534p Section 1534p. 118.50 (5m) of the statutes is created to read:

AB64-ASA1,801,14 118.50 (5m) State aid. (a) Beginning in the 2018-19 school year and subject to par. (c), the department shall pay to a school board that enters into a whole grade sharing agreement the following amounts:

AB64-ASA1,801,18 1. In each of the first 4 school years of the whole grade sharing agreement, $150 multiplied by the number of pupils who, during the first school year of the whole grade sharing agreement, are enrolled in the school district in a grade level that is subject to the whole grade sharing agreement.

AB64-ASA1,801,20 2. Subject to par. (b), in the 5th school year of the whole grade sharing agreement, 50 percent of the amount calculated under subd. 1.

AB64-ASA1,802,2 (b) If, before the 5th school year of a whole grade sharing agreement, 2 or more school boards participating in the whole grade sharing agreement adopt resolutions ordering that the school districts be consolidated under s. 117.08 or 117.09 and the school boards are following the consolidation procedures under s. 117.08 or 117.09, the department shall, during the 5th and 6th school years of the whole grade sharing agreement, pay each school board that passed a resolution to consolidate the amount calculated under par. (a) 1. for that school board.

AB64-ASA1,802,5 (c) 1. If the appropriation under s. 20.255 (2) (bp) is insufficient to pay the full amount under this subsection, the funds shall be prorated among the entitled school boards.

AB64-ASA1,802,12 2. Paragraph (a) applies to an original whole grade sharing agreement. If a whole grade sharing agreement is extended or renewed under this section, the additional school years are considered to be part of the original whole grade sharing agreement. The department shall consider a whole grade sharing agreement entered into between school boards that contains substantially similar terms to an expired whole grade sharing agreement, including that the same grades are subject to both agreements, to be an extension of the expired whole grade sharing agreement.

AB64-ASA1,1534s Section 1534s. 118.51 (1) (aj) of the statutes is created to read:

AB64-ASA1,802,15 118.51 (1) (aj) “Free appropriate public education” has the meaning given in s. 115.76 (7).

AB64-ASA1,1535a Section 1535a. 118.51 (9) of the statutes is amended to read:

AB64-ASA1,803,2 118.51 (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 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) (b), 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.

AB64-ASA1,1535c Section 1535c. 118.51 (12) (title) of the statutes is amended to read:

AB64-ASA1,803,5 118.51 (12) (title) Special Nonresident school district statement of educational costs; special education or related services.

AB64-ASA1,1535d Section 1535d. 118.51 (12) of the statutes is renumbered 118.51 (12) (b).

AB64-ASA1,1535e Section 1535e. 118.51 (12) (a) of the statutes is created to read:

AB64-ASA1,803,15 118.51 (12) (a) Beginning in the 2018-19 school year, at the end of a school year in which a child with a disability who attends a nonresident school district under this section and receives special education or related services under subch. V of ch. 115 in the nonresident school district, the nonresident school board may submit to the department a financial statement that shows the actual costs the nonresident school board incurred to provide a free appropriate public education to the child during that school year. The department shall provide the resident school board with a copy of any financial statement it receives under this paragraph.

AB64-ASA1,1535g Section 1535g. 118.51 (16) (a) 1. of the statutes is amended to read:

AB64-ASA1,803,19 118.51 (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 a payment is made under sub. (17) (a) or, (c), or (cm).

AB64-ASA1,1535h Section 1535h. 118.51 (16) (a) 2. of the statutes is amended to read:

AB64-ASA1,803,23 118.51 (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 a payment is made under sub. (17) (a) or , (c), or (cm).

AB64-ASA1,1535ig Section 1535ig. 118.51 (16) (a) 3. b. of the statutes is amended to read:

AB64-ASA1,804,7 118.51 (16) (a) 3. b. Beginning with the amount in the 2015-16 school year and, except as provided in subd. 3. c., in each school year thereafter, the sum of the amount determined under this subdivision 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.

AB64-ASA1,1535im Section 1535im. 118.51 (16) (a) 3. c. of the statutes is created to read:

AB64-ASA1,804,10 118.51 (16) (a) 3. c. For the amount in the 2017-18 to 2020-21 school years, the amount determined under subd. 3. b. plus $100.

AB64-ASA1,1535j Section 1535j. 118.51 (16) (c) of the statutes is amended to read:

AB64-ASA1,804,16 118.51 (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) and (cm) based on the number of days that school is in session and the pupil attends public school in the nonresident school district.

AB64-ASA1,1535k Section 1535k. 118.51 (16) (d) of the statutes is amended to read:

AB64-ASA1,804,20 118.51 (16) (d) The department shall ensure that the aid adjustments under par. (b) and sub. (17) (c) and (cm) do not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

AB64-ASA1,1535m Section 1535m. 118.51 (17) (title) of the statutes is amended to read:

AB64-ASA1,804,23 118.51 (17) (title) State aid adjustments and tuition Pupil transfer amount and payments to a nonresident school board; children with disabilities.

AB64-ASA1,1535o Section 1535o. 118.51 (17) (b) 2. b. of the statutes is amended to read:

AB64-ASA1,805,6 118.51 (17) (b) 2. b. Beginning in 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.

AB64-ASA1,1535p Section 1535p. 118.51 (17) (b) 2. c. of the statutes is created to read:

AB64-ASA1,805,13 118.51 (17) (b) 2. c. Beginning in the 2018-19 school year, and subject to subd. 3., 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.

AB64-ASA1,1535q Section 1535q. 118.51 (17) (b) 3. of the statutes is created to read:

AB64-ASA1,805,19 118.51 (17) (b) 3. Beginning in the 2019-20 school year, if a nonresident school board submitted a financial statement for a child with a disability under sub. (12) (a) in the previous school year, the per pupil transfer amount for that child is the amount shown on the financial statement for that child for the previous school year, up to $30,000.

AB64-ASA1,1535r Section 1535r. 118.51 (17) (bm) of the statutes is created to read:

AB64-ASA1,805,22 118.51 (17) (bm) 1. Beginning in the 2019-20 school year, the department shall determine all of the following for each school district:

AB64-ASA1,806,2 a. 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 and for whom no financial statement was submitted under sub. (12) (a) in that school year.

AB64-ASA1,806,8 b. The amount shown on each financial statement submitted in that school year under sub. (12) (a) by the school board of that school district for a nonresident pupil who is attending public school in the school district under this section and receiving special education or related services under subch. V of ch. 115. If the amount shown on any financial statement described in this subd. 1. b. exceeds $30,000, for the purpose of subd. 2. b., the department shall identify the amount shown as $30,000.

AB64-ASA1,806,12 c. 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 and for whom the nonresident school board did not submit a financial statement under sub. (12) (a) in that school year.

AB64-ASA1,806,19 d. The amount shown on each financial statement submitted in that school year under sub. (12) (a) for a pupil who is a resident of the school district and who is attending public school in a nonresident school district under this section and receiving special education or related services under subch. V of ch. 115. If the amount shown on any financial statement described in this subd. 1. d. exceeds $30,000, for the purpose of subd. 2. e., the department shall identify the amount shown as $30,000.

AB64-ASA1,806,21 2. Beginning in the 2019-20 school year, for each school district, the department shall do all of the following:

AB64-ASA1,806,23 a. Multiply the number under subd. 1. a. by the per pupil transfer amount under par. (b) 2. c.

AB64-ASA1,806,25 b. Determine the sum of the amounts shown on the financial statements submitted as described under subd. 1. b.

AB64-ASA1,807,2 c. Determine the sum of the product under subd. 2. a. and the sum under subd. 2. b.

AB64-ASA1,807,4 d. Multiply the number under subd. 1. c. by the per pupil transfer amount under par. (b) 2. c.

AB64-ASA1,807,6 e. Determine the sum of the amounts shown on the financial statements submitted as described under subd. 1. d.

AB64-ASA1,807,8 f. Determine the sum of the product under subd. 2. d. and the sum under subd. 2. e.

AB64-ASA1,1535t Section 1535t. 118.51 (17) (c) of the statutes is amended to read:

AB64-ASA1,807,14 118.51 (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, 2017-18, and 2018-19 school year years, 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 an amount under par. (b) 2. a., b., or c.

AB64-ASA1,807,25 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, 2017-18, and 2018-19 school year years, 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 an amount under par. (b) 2. a., b., or c. 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.

AB64-ASA1,1535v Section 1535v. 118.51 (17) (cm) of the statutes is created to read:

AB64-ASA1,808,5 118.51 (17) (cm) 1. If the amount determined under par. (bm) 2. c. is greater than the amount determined under par. (bm) 2. f. for a school district, beginning in the 2019-20 school year, the department shall increase that school district's state aid payment under s. 121.08 by an amount equal to the difference.

AB64-ASA1,808,15 2. If the amount determined under par. (bm) 2. c. is less than the amount determined under par. (bm) 2. f. for a school district, beginning in the 2019-20 school year, the department shall decrease that school district's state aid payment under s. 121.08 by an amount equal to the difference. 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.

AB64-ASA1,1536 Section 1536 . 118.52 (title) of the statutes is repealed and recreated to read:

AB64-ASA1,808,17 118.52 (title) Part-time open enrollment.

AB64-ASA1,1537 Section 1537 . 118.52 (1) (am) of the statutes is repealed.

AB64-ASA1,1538 Section 1538 . 118.52 (2) of the statutes is amended to read:

AB64-ASA1,808,25 118.52 (2) Applicability. A Beginning in the 2018-19 school year, a pupil enrolled in a public school in the high school grades may attend an educational institution public school in a nonresident school district under this section for the purpose of taking a course offered by the educational institution nonresident school district. A pupil may attend no more than 2 courses at any time at educational institutions in nonresident school districts under this section.

AB64-ASA1,1539 Section 1539. 118.52 (3) (a) of the statutes is amended to read:

AB64-ASA1,809,16 118.52 (3) (a) The parent of a pupil who wishes to attend an educational institution public school in a nonresident school district 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 school board of the nonresident school district in 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 nonresident school board 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 nonresident school district to which the pupil applies under this section shall send a copy of the application to the school board of the district in which the pupil is attending school pursuant to the whole grade sharing agreement.

AB64-ASA1,1540 Section 1540 . 118.52 (3) (b) of the statutes is amended to read:

AB64-ASA1,809,21 118.52 (3) (b) If an educational institution a nonresident school board receives more applications for a particular course than there are spaces available in the course, the educational institution nonresident school board shall determine which pupils to accept on a random basis.

AB64-ASA1,1541 Section 1541 . 118.52 (3) (c) of the statutes is amended to read:

AB64-ASA1,810,11 118.52 (3) (c) No later than one week prior to the date on which the course is scheduled to commence, the educational institution nonresident school board 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 school board of the district to which the pupil applies under this section shall provide the notice required under this paragraph to the school board of the district in which the pupil is attending school pursuant to the whole grade sharing agreement. The acceptance applies only for the following semester, school year, or other session in which the course is offered. If the educational institution school board of the district to which the pupil applies under this section rejects an application, it shall include in the notice the reason for the rejection.

AB64-ASA1,1542 Section 1542 . 118.52 (3) (d) 1. of the statutes is amended to read:

AB64-ASA1,810,16 118.52 (3) (d) 1. If it denies an application to attend an educational institution public school in a nonresident school district under sub. (6), notify the applicant and the educational institution nonresident school board, in writing, that the application has been denied and include in the notice the reason for the rejection.

AB64-ASA1,1543 Section 1543 . 118.52 (3) (e) of the statutes is amended to read:

AB64-ASA1,810,25 118.52 (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 school board of the district to which the pupil applies under this section of the pupil's intent to attend the course at in the educational institution school district to which the pupil applies under this section.

AB64-ASA1,1544 Section 1544. 118.52 (6) (a) of the statutes is amended to read:

AB64-ASA1,811,10 118.52 (6) (a) Individualized education program requirements. 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 in a public school in a nonresident school district under this section 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).

AB64-ASA1,1545 Section 1545 . 118.52 (6) (b) of the statutes is created to read:

AB64-ASA1,811,18 118.52 (6) (b) Undue financial burden. The school board of a pupil's resident school district may reject an application to attend a course in a public school in a nonresident school district if the cost of the course would impose upon the resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil, and the per pupil cost for children continuing to be served by the resident school district.

AB64-ASA1,1546 Section 1546 . 118.52 (6) (c) of the statutes is repealed.

AB64-ASA1,1547 Section 1547 . 118.52 (8) of the statutes is amended to read:

AB64-ASA1,812,2 118.52 (8) Appeal of rejection. If an application is rejected under sub. (3) (c) or a pupil is prohibited from attending a course at an educational institution in a public school in a nonresident school district under sub. (6), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the decision unless the department finds that the decision was arbitrary or unreasonable. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB64-ASA1,1548 Section 1548 . 118.52 (9) of the statutes is amended to read:

AB64-ASA1,812,8 118.52 (9) Rights and privileges of nonresident pupils. A pupil attending a course at an educational institution in a public school in a nonresident school district under this section has all of the rights and privileges of other pupils attending the educational institution residing in that school district and is subject to the same rules and regulations as those pupils residing in that school district.

AB64-ASA1,1549 Section 1549 . 118.52 (10) of the statutes is amended to read:

AB64-ASA1,812,17 118.52 (10) Disciplinary records. Notwithstanding s. 118.125, the resident school board shall provide to the educational institution nonresident school board to which a pupil has applied under this section, upon request by that educational institution school board, a copy of any expulsion findings and orders, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding , and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.

AB64-ASA1,1550 Section 1550 . 118.52 (11) (a) of the statutes is amended to read:

AB64-ASA1,812,22 118.52 (11) (a) Responsibility. The parent of a pupil attending a course at an educational institution in a public school in a nonresident school district under this section is responsible for transporting the pupil to and from the course that the pupil is attending.

AB64-ASA1,1551 Section 1551 . 118.52 (11) (b) of the statutes is amended to read:

AB64-ASA1,813,9 118.52 (11) (b) Low-income assistance. The parent of a pupil who is attending a course at an educational institution in a public school in a nonresident school district 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 school at which 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 satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

AB64-ASA1,1552 Section 1552 . 118.52 (12) (a) of the statutes is renumbered 118.52 (12) and amended to read: