Amendment ASA1-AB64

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.

AB64-ASA1,1504p Section 1504p. 117.05 (4) (a) (intro.) of the statutes is amended to read:

AB64-ASA1,778,5 117.05 (4) (a) Pending proceedings. (intro.) A reorganization proceeding is pending from the date that a petition is filed under s. 117.105 (1) (a), 117.11 (2) or 117.12 (2) or a resolution is adopted under s. 117.08 (1), 117.09 (1), 117.10 (1), 117.105 (1) (b) or (4m), 117.13 (2) or 117.132 (2) until the date on which the latest of any of the following occurs:

AB64-ASA1,1504q Section 1504q. 117.05 (4) (d) 1. of the statutes is amended to read:

AB64-ASA1,778,12 117.05 (4) (d) 1. Except as provided in subd. 2., no petition may be filed or resolution adopted for the creation of a new school district under s. 117.105 (1) (a) or (b) before the 5th July 1 following the filing of a petition under s. 117.105 (1) (a) or the adoption of a resolution under s. 117.105 (1) (b) or the date of an order issued under s. 117.105 (4m) (c) for any reorganization that includes any of the same territory.

AB64-ASA1,1504r Section 1504r. 117.05 (9) (a) 1m. of the statutes is created to read:

AB64-ASA1,778,15 117.05 (9) (a) 1m. The village boards of villages and the affected school district under s. 117.105 (4m).

AB64-ASA1,1504u Section 1504u. 117.08 (6) of the statutes is created to read:

AB64-ASA1,778,19 117.08 (6) State aid. From the appropriation under s. 20.255 (2) (br), the department shall pay to a school district created by a consolidation under this section that takes effect on or after July 1, 2019, the following amounts:

AB64-ASA1,778,22 (a) In the school year in which the consolidation takes effect and in each of the subsequent 4 school years, $150 multiplied by the number of pupils enrolled, as defined in s. 115.437 (1), in the school district in that school year.

AB64-ASA1,778,25 (b) In the 5th school year following the school year in which the consolidation takes effect, 50 percent of the amount the school district received under par. (a) in the 4th year following the school year in which the consolidation takes effect.

AB64-ASA1,779,3 (c) In the 6th school year following the school year in which the consolidation takes effect, 25 percent of the amount the school district received under par. (a) in the 4th year following the school year in which the consolidation takes effect.

AB64-ASA1,1504v Section 1504v. 117.09 (6) of the statutes is created to read:

AB64-ASA1,779,7 117.09 (6) State aid. From the appropriation under s. 20.255 (2) (br), the department shall pay to a school district created by a consolidation under this section that takes effect on or after July 1, 2019, the following amounts:

AB64-ASA1,779,10 (a) In the school year in which the consolidation takes effect and in each of the subsequent 4 school years, $150 multiplied by the number of pupils enrolled, as defined in s. 115.437 (1), in the school district in that school year.

AB64-ASA1,779,13 (b) In the 5th school year following the school year in which the consolidation takes effect, 50 percent of the amount the school district received under par. (a) in the 4th year following the school year in which the consolidation takes effect.

AB64-ASA1,779,16 (c) In the 6th school year following the school year in which the consolidation takes effect, 25 percent of the amount the school district received under par. (a) in the 4th year following the school year in which the consolidation takes effect.

AB64-ASA1,1504w Section 1504w. 117.105 (4m) of the statutes is created to read:

AB64-ASA1,779,20 117.105 (4m) Procedures for creation of a school district based on an opportunity schools and partnership program; certain villages. (a) In this subsection:

AB64-ASA1,779,21 1. “Eligible unified school district” has the meaning given in s. 115.999 (2m) (a).

AB64-ASA1,779,23 2. “Village board” means the village board of a village located in an eligible unified school district.

AB64-ASA1,780,2 (b) If a village board adopts a resolution under s. 115.999 (2m) (c) affirming the village board's intent to create a new school district or a resolution to provide a referendum under s. 115.999 (2m) (d), the village board shall submit the resolution to the board.

AB64-ASA1,780,8 (c) 1. Upon receipt of a resolution under par. (b), the board shall hold a public hearing on the proposed reorganization. After the hearing and after consulting with the school board of the eligible unified school district and the village boards of the villages located within the proposed school district, the board shall determine the apportionment of assets and liabilities between the eligible unified school district and the proposed school district according to the criteria under s. 66.0235 (2c).

AB64-ASA1,780,12 2. By no later than 180 days after the village board receives notice under s. 115.28 (10o) (d), the board shall issue an order that includes the territory of the new school district, as described in the resolution adopted by the village board, and the apportionment of assets and liabilities as determined under subd. 1.

AB64-ASA1,780,15 (d) A binding referendum on a proposed reorganization ordered by the board under par. (c) 2. shall be held in the territory of the school district proposed to be created by the reorganization.

AB64-ASA1,780,20 (e) 1. If a majority of the votes cast in the referendum held under par. (d) is in favor of the creation of the proposed school district, no later than 60 days after the referendum is held, the village boards of the villages included in the proposed school district shall adopt a resolution to designate all of the following for the proposed school district:

AB64-ASA1,780,21 a. The number of school board members under s. 120.01 or 120.41.

AB64-ASA1,780,22 b. The terms of initial members of the school board under s. 120.02 (3) (a).

AB64-ASA1,780,23 c. The method of election of school board members under s. 120.06 or 120.42.

AB64-ASA1,780,25 2. A village that adopts a resolution under subd. 1. shall submit the resolution to the eligible unified school district.

AB64-ASA1,781,9 3. If a majority of the votes cast in the referendum held under par. (d) is in favor of the creation of the proposed school district, after receiving a resolution under subd. 2., the school board of the eligible unified school district shall make and file an order of school district reorganization under s. 117.17 (2). In the order, the school board shall designate that the first election of school board members of the newly created school district shall occur at the regularly scheduled spring election immediately following the date on which the order is filed with the board. The reorganization shall take effect on the July 1 described in the resolution adopted by the village board under s. 115.999 (2m) (c).

AB64-ASA1,781,11 (f) Subsections (1) to (4) and ss. 117.14 and 117.15 do not apply to a reorganization under this subsection.

AB64-ASA1,1504x Section 1504x. 117.20 (1) (a) of the statutes is amended to read:

AB64-ASA1,781,21 117.20 (1) (a) Except as provided in par. (b), if a referendum is required under ss. 117.08 to 117.11, it shall be held on the Tuesday after the first Monday in November following receipt of the petition or adoption of the resolution under s. 117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a) or 117.11 (4) (a). If a referendum is required under s. 117.105 (3), it shall be held on the Tuesday after the first Monday in the 2nd November following receipt of the petition or adoption of the resolution under s. 117.105 (1). If a referendum is required under s. 117.105 (4m), it shall be held on the Tuesday after the first Monday in November following the date an order is issued by the board under s. 117.105 (4m) (c).

AB64-ASA1,1504y Section 1504y. 117.22 (2) (bm) of the statutes is amended to read:

AB64-ASA1,781,25 117.22 (2) (bm) If an order of reorganization is issued under s. 117.105, the first election of school board members shall be held at the spring election following the referendum under s. 117.105 (3) or (4m).

AB64-ASA1,1505f Section 1505f. 118.076 (3) (intro.) of the statutes is amended to read:

AB64-ASA1,782,6 118.076 (3) (intro.) Beginning in the 2017-18 school year and subject to sub. (4), each school board operating any grade from 7 to 12, the operator of each charter school established under s. 118.40 (2r) or (2x) that operates any grade from 7 to 12, and the governing body of each private school that operates any grade from 7 to 12 shall do all of the following:

AB64-ASA1,1505h Section 1505h. 118.076 (4) of the statutes is created to read: