Amendment ASA1-AB64

AB64-ASA1,766,7 115.7915 (4m) (cm) If a private school receives a payment under par. (a) 3. and the amount shown on the financial statement submitted for the child with a disability under sub. (4c) in the previous school year is greater than 150 percent of the amount calculated under par. (a) 2. b. for the current school year, the department shall pay to the private school, from the appropriation under s. 20.255 (2) (az), the amount determined as follows:

AB64-ASA1,766,9 1. Multiply the amount calculated under par. (a) 2. b. for the current school year by 1.5.

AB64-ASA1,766,11 2. Subtract the product under subd. 1. from the amount shown on the financial statement.

AB64-ASA1,766,12 3. Multiply the difference determined under subd. 2. by 0.90.

AB64-ASA1,1492j Section 1492j. 115.7915 (4m) (f) 1. a. of the statutes is amended to read:

AB64-ASA1,766,16 115.7915 (4m) (f) 1. a. Determine the number of pupils sum of the amount paid for each child residing in the school district for whom a payment is made under par. (a) in that school year.

AB64-ASA1,1492k Section 1492k. 115.7915 (4m) (f) 1. b. of the statutes is repealed.

AB64-ASA1,1492L Section 1492L. 115.7915 (4m) (f) 1. df. of the statutes is created to read:

AB64-ASA1,766,20 115.7915 (4m) (f) 1. df. Identify the children residing in the school district for whom a payment is made under sub. (4p) in that school year.

AB64-ASA1,1492m Section 1492m. 115.7915 (4m) (f) 1. dh. of the statutes is created to read:

AB64-ASA1,766,23 115.7915 (4m) (f) 1. dh. Sum the payments made under sub. (4p) (a) for all of the children identified under subd. 1. df. for that school year.

AB64-ASA1,1492n Section 1492n. 115.7915 (4m) (f) 1. e. of the statutes is amended to read:

AB64-ASA1,767,2 115.7915 (4m) (f) 1. e. Sum the amounts calculated under subd. 1. b. and a., d., and dh.

AB64-ASA1,1492p Section 1492p. 115.7915 (4p) of the statutes is created to read:

AB64-ASA1,767,10 115.7915 (4p) Scholarship payment; summer school. (a) In addition to the scholarship amount under sub. (4m), the department shall, subject to par. (b) and sub. (4m) (c) and in the manner described in sub. (4m) (b), pay to a private school participating in the scholarship program under this section, on behalf of the parent or guardian of a child who attended a private school under this section during the immediately preceding school term and who attends summer school in the private school under this section during a summer, an amount determined as follows:

AB64-ASA1,767,12 1. Determine the scholarship amount under sub. (4m) that applied to the child in the immediately preceding school term.

AB64-ASA1,767,15 2. If the child attended summer school for at least 15 days of summer instruction at the private school during that summer, multiply the amount under subd. 1. by 0.05.

AB64-ASA1,767,20 3. If the child attended summer school for less than 15 days of summer instruction at the private school during that summer, multiply the amount under subd. 1. by 0.05, and multiply that product by the quotient determined by dividing the number of days of summer instruction the child attended during that summer by 15.

AB64-ASA1,767,22 (b) A participating private school may receive payment under par. (a) only if all of the following are satisfied:

AB64-ASA1,767,24 1. The private school offers no fewer than 19 summer days of instruction during that summer.

AB64-ASA1,768,2 2. Each summer day of instruction offered by the private school under subd. 1. is comprised of no fewer than 270 minutes of instruction.

AB64-ASA1,1492v Section 1492v. 115.7915 (6) (k) of the statutes is created to read:

AB64-ASA1,768,6 115.7915 (6) (k) Annually, on or before September 15, file with the department a report stating its summer daily attendance for each day of summer school for the purpose of sub. (4p).

AB64-ASA1,1493r Section 1493r. 115.7915 (8) (c) of the statutes is amended to read:

AB64-ASA1,768,10 115.7915 (8) (c) The state superintendent may withhold payment under sub. (4m) or (4p) from a private school participating in the program under this section if the private school violates this section.

AB64-ASA1,1494 Section 1494 . 115.88 (1) of the statutes is renumbered 115.88 (1) (a) and amended to read:

AB64-ASA1,768,23 115.88 (1) (a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education board may employ, for a special education program, either full-time or part-time licensed teachers, licensed coordinators of special education, school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class, and any other personnel approved by the department. The

AB64-ASA1,769,12 (b) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education board may contract with private or public agencies for substitute teaching and paraprofessional staffing services, physical or occupational therapy services, orientation and mobility training services, educational interpreter services, educational audiology, speech and language therapy, pupil transition services for eligible pupils who are 18 to 21 years old, or any service approved by the state superintendent, on the basis of demonstrated need. A school board may contract with a charter school to provide special education services to pupils attending the charter school if the charter school is under contract with the school board under s. 118.40 (2m) and the charter school is not an instrumentality of the school district.

AB64-ASA1,1495 Section 1495 . 115.88 (1m) (a) of the statutes is amended to read:

AB64-ASA1,770,2 115.88 (1m) (a) Subject to par. (b), upon receipt of the plan under s. 115.77 (4), if the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, charter school established under s. 118.40 (2r) or (2x), and school district maintaining such special education program a sum equal to the amount expended by the county, agency, charter school, and school district during the preceding year for salaries of personnel and services enumerated in sub. (1); the salary portion of any authorized contract for services under sub. (1); the salary portion of any contract to provide special education services to pupils attending a charter school, as authorized under sub. (1); (a) and (b) and other expenses approved by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB64-ASA1,1496 Section 1496 . 115.88 (1m) (ag) of the statutes is created to read:

AB64-ASA1,770,14 115.88 (1m) (ag) Subject to par. (b), if the state superintendent is satisfied that the special education program of an operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district has been maintained during the previous school year in accordance with law, the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for salaries of personnel and services enumerated in sub. (1) (a) and (b) and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph.

AB64-ASA1,1497 Section 1497 . 115.88 (1m) (am) of the statutes is repealed.

AB64-ASA1,1498 Section 1498 . 115.88 (1m) (b) of the statutes is amended to read:

AB64-ASA1,770,23 115.88 (1m) (b) The department shall promulgate rules establishing the percentage of the salaries of school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that may be certified under pars. par. (a) and (am) as costs eligible for reimbursement. For each category of personnel, the department shall base the percentage on the average percentage of work time that the category spends providing services to children with disabilities, including conducting evaluations under s. 115.782.

AB64-ASA1,1499 Section 1499 . 115.88 (2) of the statutes is repealed.

AB64-ASA1,1500 Section 1500 . 115.88 (2m) (title) of the statutes is amended to read:

AB64-ASA1,771,1 115.88 (2m) (title) Other Special or additional transportation ; aid.

AB64-ASA1,1501 Section 1501 . 115.88 (2m) of the statutes is renumbered 115.88 (2m) (b) and amended to read:

AB64-ASA1,771,19 115.88 (2m) (b) If the state superintendent is satisfied that a school board, board of control, operator of a charter school established under s. 118.40 (2r) or (2x), or established as a noninstrumentality charter school under s. 118.40 (2m) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o county children with disabilities education board has provided special or additional transportation during the previous school year as described under par. (a), the state superintendent shall certify to the department of administration in favor of the school board, board of control, operator of the charter school, or county children with disabilities education board providing the transportation a sum equal to the amount that expended by the school board, board of control, operator of the charter school expended, or county children with disabilities education board during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.

AB64-ASA1,1502 Section 1502 . 115.88 (2m) (a) of the statutes is created to read:

AB64-ASA1,772,5 115.88 (2m) (a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), or, upon authorization of the county board, a county children with disabilities education board shall provide special or additional transportation as required in the individualized education program developed for the child with a disability under s. 115.787 (2) or as required under s. 121.54 (3). The operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of the school district shall provide special or additional transportation under this paragraph if the contract between the operator and the school board requires the operator to provide the special or additional transportation.

AB64-ASA1,1503 Section 1503 . 115.88 (2m) (c) of the statutes is created to read:

AB64-ASA1,772,16 115.88 (2m) (c) If the state superintendent is satisfied that the operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of the school district has provided special or additional transportation during the previous school year as described under par. (a), the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for providing the transportation as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph.

AB64-ASA1,1504 Section 1504 . 115.88 (10) of the statutes is created to read:

AB64-ASA1,772,20 115.88 (10) Audit of eligible costs. The state superintendent may audit costs under this section and adjust the amounts eligible for reimbursement to cover only actual, eligible costs.

AB64-ASA1,1504c Section 1504c. 115.881 (2) of the statutes is amended to read:

AB64-ASA1,772,25 115.881 (2) For each child whose costs exceeded $30,000 under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.70 0.90 multiplied by that portion of the cost under sub. (1) that exceeded $30,000.

AB64-ASA1,1504d Section 1504d. 115.884 (1) (intro.) of the statutes is amended to read:

AB64-ASA1,773,7 115.884 (1) (intro.) In the 2016-17 school year and each school year thereafter, from the appropriation under s. 20.255 (2) (bf), the department shall award an incentive grant in the amount of $1,000 per individual to a school district, or to an operator of a charter school established under s. 118.40 (2r) or (2x), that applies for a grant under this section and that demonstrates to the satisfaction of the department that the individual satisfies all of the following criteria:

AB64-ASA1,1504e Section 1504e. 115.884 (1) (a) (intro.) of the statutes is created to read:

AB64-ASA1,773,11 115.884 (1) (a) (intro.) During the school year prior to the school year preceding the school year in which a school district or operator of the charter school applies to receive a grant under this section, all of the following criteria apply to the individual:

AB64-ASA1,1504f Section 1504f. 115.884 (1) (a) of the statutes is renumbered 115.884 (1) (a) 1. and amended to read:

AB64-ASA1,773,16 115.884 (1) (a) 1. The individual was enrolled in a high school in the school district or in a high school grade in the charter school in the 2014-15 or 2015-16 school year and, at the time of his or her enrollment, an.

AB64-ASA1,773,17 3. An individualized education program was in effect for the individual.

AB64-ASA1,1504g Section 1504g. 115.884 (1) (a) 2. of the statutes is created to read:

AB64-ASA1,773,20 115.884 (1) (a) 2. The individual exited the high school in the school district or exited the charter school.

AB64-ASA1,1504h Section 1504h. 115.884 (1) (b) of the statutes is amended to read:

AB64-ASA1,773,24 115.884 (1) (b) At the time the school district or the operator of the charter school applies to receive an incentive a grant under this section, one of the following criteria applies to the individual described in par. (a):

AB64-ASA1,774,4 1. The individual had enrolled in a higher education program within one year of leaving exiting high school. In this subdivision, “higher education program" means a 4-year program at a college or university, a 2-year program at a college or community college, or a 2-year program at a technical college.

AB64-ASA1,774,10 2. The individual had enrolled in other postsecondary education or training within one year of leaving exiting high school. In this subdivision, “other postsecondary education or training" includes a high school completion or equivalency program, a vocational school, an apprenticeship or short-term training program, an on-the-job training program, an adult education program, and a program, other than a 2-year program, at a vocational or technical school.

AB64-ASA1,774,15 3. The individual had been, or remains, competitively employed within one year of leaving exiting high school. In this subdivision, “competitively employed" means 90 days or more of cumulative or consecutive work paying minimum wage or greater for an average of at least 20 hours per week in a setting with others who are not disabled.

AB64-ASA1,1504i Section 1504i. 115.884 (2) of the statutes is amended to read:

AB64-ASA1,774,21 115.884 (2) If the appropriation under s. 20.255 (2) (bf) in the 2016-17 school any fiscal year is insufficient to pay the full amount under sub. (1), the department shall prorate the amount of its payments among school districts and operators of charter schools established under s. 118.40 (2r) or (2x) that are eligible for an incentive grant under this section.

AB64-ASA1,1504j Section 1504j. 115.885 of the statutes is created to read:

AB64-ASA1,775,2 115.885 Special education transition readiness grant program. (1) Beginning in the 2018-19 school year, the department shall awards grants to school districts and charter schools under s. 118.40 (2r) and (2x) to fund special education workforce transition support services, including pupil transportation, professional development for school personnel, and employing adequate school personnel.

AB64-ASA1,775,5 (2) The department shall award grants under sub. (1) from the appropriation under s. 20.255 (2) (bg). The department may not award a grant under sub. (1) in an amount that is less than $25,000 nor more than $100,000.

AB64-ASA1,775,7 (3) The department shall promulgate rules to implement and administer this section.

AB64-ASA1,1504k Section 1504k. 115.999 (2) (a) of the statutes is amended to read:

AB64-ASA1,775,12 115.999 (2) (a) Within 120 days after receiving notice under s. 115.28 (10o) (b), the governor, the mayor, and the county executive shall compile a list of candidates for commissioner. The Subject to sub. (2m), the county executive shall select a commissioner using the procedure under s. 119.9001 (2) (a).

AB64-ASA1,1504L Section 1504L. 115.999 (2m) of the statutes is created to read:

AB64-ASA1,775,16 115.999 (2m) Special provisions; certain unified school districts. (a) In this subsection, an “eligible unified school district” mean a unified school district that satisfies the following criteria:

AB64-ASA1,775,17 1. The unified school district is an eligible school district.

AB64-ASA1,775,19 2. The unified school district contains a city that has a population of more than 75,000.

AB64-ASA1,775,20 3. The unified school district contains at least 2 villages.

AB64-ASA1,776,4 (b) 1. Within 120 days after receiving notice under s. 115.28 (10o) (d), an eligible unified school district may demonstrate to the department of administration that the school board of the eligible unified school district is not, directly or indirectly, delegating its authority to make decisions about providing benefits to its employees. If the department of administration certifies that the school board of the eligible unified school district is not, directly or indirectly, delegating its authority to make decisions about providing benefits to its employees, the county executive may not select a commissioner under sub. (2) (a) unless the eligible unified school district satisfies all of the following criteria:

AB64-ASA1,776,7 a. The unified school district was assigned to the lowest performance category on the accountability reports published for the district under s. 115.385 (1) in the 3 most recent school years.

AB64-ASA1,776,9 b. The school district received intradistrict transfer aid under s. 121.85 (6) (a) in the 3 school years described under subd. 1. a.

AB64-ASA1,776,13 2. If the department of administration does not certify that the school board of an eligible unified school district is not, directly or indirectly, delegating its authority to make decisions about providing benefits to its employees, the county executive shall select a commissioner under sub. (2) (a).

AB64-ASA1,776,19 (c) Within 60 days after receiving notice under s. 115.28 (10o) (d), the village board of each village located within an eligible unified school district may consider a resolution to affirm or deny the village board's intent to create a new school district under s. 117.105 (4m). If a village board adopts a resolution affirming the village's intent to create a new school district, the village board shall include all of the following information in the resolution:

AB64-ASA1,776,22 1. The territory of the new school district. The territory of the new school district shall correspond with village boundaries but may incorporate more than one village.

AB64-ASA1,776,23 2. The name of the new school district.

AB64-ASA1,776,25 3. The type of the new school district and the grades to be taught by the new school district as described under s. 115.01 (2) and (3).

AB64-ASA1,777,2 4. Whether the proposed effective date of the school district creation is July 1 of the following school year or July 1 of the second following year.

AB64-ASA1,777,9 (d) If a county executive may select a commissioner under par. (b) 1. and in the previous school year a village board did not adopt a resolution to affirm its intent to create a new school district, within 60 days of receiving notice under s. 115.28 (10o) (d) for the 3rd consecutive school year, the village board shall by resolution provide for a referendum on the question of whether to create a new school district. The village board shall include in the resolution all of the information described in par. (c) 1. to 4.

AB64-ASA1,1504m Section 1504m. 117.05 (1m) of the statutes is amended to read:

AB64-ASA1,777,14 117.05 (1m) Board and appeal panel meetings. The state superintendent shall set the time and place for meetings of the board under ss. 117.10, 117.105 (2m) and (4m), 117.12 (5) and 117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.

AB64-ASA1,1504n Section 1504n. 117.05 (2) (a) of the statutes is amended to read:

AB64-ASA1,777,23 117.05 (2) (a) Board. The state superintendent shall appoint 7 members of the board to perform any review under ss. 117.10, 117.105 (2m) and (4m), 117.12 (5), and 117.132. The 7 members shall include the state superintendent or his or her designee on the board, 2 board members from school districts with small enrollments, 2 board members from school districts with medium enrollments, and 2 board members from school districts with large enrollments. Any action of the board under this chapter requires the affirmative vote of at least 4 of the 7 members appointed under this paragraph.