AB1102: Bill Text

AB1102, s. 47 Section 47. 24.61 (3) (c) 2. a. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,18,21 24.61 (3) (c) 2. a. The school board is subject to an order issued by the department of education state superintendent of public instruction under s. 115.33 (3) after December 31, 1991, regarding noncompliance with the standard under s. 121.02 (1) (i).

AB1102, s. 48 Section 48. 35.24 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,19,7 35.24 (1) (a) The Blue Book shall contain the biographies and pictures of state officers, senators and representatives to the assembly and officers of each house, information pertaining to the organization of Wisconsin state government, and statistical and other information of the same general character as that heretofore published, but so selected and condensed as will limit the number of pages to 1,000 or less. In making such selection the legislative reference bureau is directed to consult freely with the secretary of education state superintendent of public instruction and the director of the historical society, and insofar as possible, make the book useful for civics classes in schools.

AB1102, s. 49 Section 49. 36.11 (6) (c) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB1102,19,14 36.11 (6) (c) By April 10, 1996, and annually thereafter, the board shall develop and submit to the education commission higher educational aids board for its review under s. 39.285 (1) a proposed formula for the awarding of grants under s. 39.435, except for grants awarded under s. 39.435 (2) or (5), for the upcoming academic year to students enrolled in the system.

AB1102, s. 50 Section 50. 36.51 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,19,23 36.51 (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the department of education state superintendent of public instruction under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no center or institution may be required to provide special foods for individual persons with allergies or medical disorders.

AB1102, s. 51 Section 51. 38.04 (7m) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB1102,20,5 38.04 (7m) Financial aids. By April 10, 1996, and annually thereafter, the board shall develop and submit to the education commission higher educational aids board for its review under s. 39.285 (1) a proposed formula for the awarding of grants under s. 39.435, except for grants awarded under s. 39.435 (2) or (5), for the upcoming academic year to students enrolled in the technical colleges.

AB1102, s. 52 Section 52. 38.04 (11) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,20,16 38.04 (11) (a) 2. In consultation with the department of education state superintendent of public instruction, the board shall establish, by rule, a uniform format for district boards to use in reporting the number of pupils attending district schools under ss. 118.15 (1) (b), (cm) and (d) and 118.37 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in the district's associate degree program and for technical college credit. The format shall be identical to the format established by the department of education state superintendent of public instruction under s. 115.28 (38).

AB1102, s. 53 Section 53. 38.04 (26) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,20,24 38.04 (26) Technical preparation programs. In consultation with the department of education state superintendent of public instruction, the board shall approve courses for technical preparation programs under s. 118.34. By July 1, 1994, and annually thereafter by July 1, the board shall publish a list of the approved courses that indicates the schools in which each course is taught and the credit equivalency available in each district for each course.

AB1102, s. 54 Section 54. 38.36 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,21,9 38.36 (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the department of education state superintendent of public instruction under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no district board may be required to provide special foods for individual persons with allergies or medical disorders.

AB1102, s. 55 Section 55. 39.27 of the statutes is created to read:

AB1102,21,14 39.27 Council on financial aids. The council on financial aids shall advise the executive secretary of the board on matters pertaining to the state's student financial aids programs and shall meet on the call of the executive secretary of the board.

AB1102, s. 56 Section 56. 39.285 of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB1102,21,21 39.285 (title) Education commission Board review of proposed formulae. (1) By May 1, 1996, and annually thereafter, the education commission board shall approve, modify or disapprove any proposed formula for the awarding of grants for the upcoming academic year submitted under sub. (2) or s. 36.11 (6) (c) or 38.04 (7m).

AB1102,22,2 (2) By April 10, 1996, and annually thereafter, the Wisconsin Association of Independent Colleges and Universities shall develop and submit to the education commission board for its review under sub. (1) a proposed formula for the awarding of grants under s. 39.30 for the upcoming academic year to students enrolled at private institutions of higher education.

AB1102, s. 57 Section 57. 39.30 (2) (f) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB1102,22,7 39.30 (2) (f) No grants may be awarded under this section unless the applicable formula submitted under s. 39.285 (2) is approved or modified by the education commission board under s. 39.285 (1).

AB1102, s. 58 Section 58. 39.40 (5) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB1102,22,12 39.40 (5) The department board shall administer the repayment and forgiveness of loans made under s. 36.25 (16), 1993 stats. The department board shall treat such loans as if they had been made under sub. (2).

AB1102, s. 59 Section 59. 39.41 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,22,20 39.41 (2) (c) Subject to sub. (4), for each year the student is exempt from tuition and fees under par. (a) or (b), the department board shall pay the center, institution or district school, on behalf of the student, an amount equal to 50% of the student's tuition and fees, except that the maximum payment for a student who receives an original scholarship for the 1996-97 academic year or for any academic year thereafter may not exceed $1,125 per academic year.

AB1102, s. 60 Section 60. 39.41 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,23,7 39.41 (3) (a) If a designated scholar under sub. (1m) is admitted to and enrolls, on a full-time basis, by September 30 of the academic year immediately following the school year in which the senior was designated a scholar, in a private institution of higher education that is located in this state and participating in the program under this section, the department board shall pay the institution, on behalf of the pupil, an amount equal to 50% of the tuition and fees charged a resident undergraduate at the university of Wisconsin-Madison in the same academic year, except that the maximum payment for a pupil who receives an original scholarship for the 1996-97 academic year or for any academic year thereafter may not exceed $1,125 per academic year.

AB1102, s. 61 Section 61. 39.435 (4) (d) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB1102,23,11 39.435 (4) (d) The awarding of grants under this section is subject to any formula approved or modified by the education commission board under s. 39.285 (1).

AB1102, s. 62 Section 62. 40.02 (55) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,23,18 40.02 (55) (a) Any person employed as a librarian by any school board in a library in any school under its jurisdiction, including a charter school as defined in s. 115.001 (1), whose qualifications as a librarian are at least equal to the minimum librarian qualifications prescribed by the department of education state superintendent of public instruction.

AB1102, s. 63 Section 63. 43.01 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,23,22 43.01 (6) "State superintendent" means the state superintendent of public instruction.

AB1102, s. 64 Section 64. 43.03 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,24,2 43.03 (title) General duties of department state superintendent. (intro.) The department state superintendent shall:

AB1102, s. 65 Section 65. 43.05 (13) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,24,6 43.05 (13) Carry out such other programs and policies as directed by the department state superintendent.

AB1102, s. 66 Section 66. 43.07 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,24,14 43.07 Council on library and network development. (intro.) The department state superintendent and the division shall seek the advice of and consult with the council on library and network development in performing their duties in regard to library service. The secretary state superintendent or the administrator of the division shall attend every meeting of the council. The council may initiate consultations with the department and the division. The council shall:

AB1102, s. 67 Section 67. 43.07 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,24,19 43.07 (2) Advise the secretary state superintendent in regard to the general policies and activities of the state's program for library development, interlibrary cooperation and network development.

AB1102, s. 68 Section 68. 43.07 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,24,25 43.07 (3) Advise the secretary state superintendent in regard to the general policies and activities of the state's program for the development of school library media programs and facilities and the coordination of these programs with other library services.

AB1102, s. 69 Section 69. 43.07 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,25,8 43.07 (4) Hold a biennial meeting for the purpose of discussing the report submitted by the department state superintendent under s. 43.03 (3) (d). Notice of the meeting shall be sent to public libraries, public library systems, school libraries and other types of libraries and related agencies. After the meeting, the council shall make recommendations to the department state superintendent regarding the report and any other matter the council deems appropriate.

AB1102, s. 70 Section 70. 43.07 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,25,16 43.07 (5) On or before July 1 of every odd-numbered year, transmit to the department state superintendent a descriptive and statistical report on the condition and progress of library services in the state and recommendations on how library services in the state may be improved. The department state superintendent shall include the report as an addendum to the department's biennial report under s. 15.04 (1) (d).

AB1102, s. 71 Section 71. 43.07 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,25,22 43.07 (7) Receive complaints, suggestions and inquiries regarding the programs and policies of the department relating to library and network development, inquire into such complaints, suggestions and inquiries, and advise the secretary state superintendent and the division on any action to be taken.

AB1102, s. 72 Section 72. 43.13 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,26,2 43.13 (4) Any decision by the division under this section may be appealed to the department state superintendent.

AB1102, s. 73 Section 73. 43.70 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,26,11 43.70 Common school fund. (1) No later than October 15 of each year, each school district administrator shall certify to the department state superintendent, on forms provided by the department state superintendent, a report of the total number of children between the ages of 4 and 20 years residing in the school district on the preceding June 30. The number may be estimated by using statistically significant sampling techniques that have been approved by the department state superintendent.

AB1102,26,17 (2) Annually, within 40 days after December 1, the department state superintendent shall ascertain the aggregate amount of all moneys received as income in the common school fund prior to that December 1 and shall apportion such amount to the school districts in proportion to the number of children resident therein between the ages of 4 and 20 years, as shown by the census report certified under sub. (1).

AB1102,27,5 (3) Immediately upon making such apportionment, the department state superintendent shall certify to the department of administration the amount that each school district is entitled to receive under this section and shall notify each school district administrator of the amount so certified for his or her school district. Within 15 days after receiving such certification, the department of administration shall issue its warrants upon which the state treasurer shall pay the amount apportioned forthwith to the proper school district treasurer. All moneys apportioned from the common school fund shall be expended for the purchase of library books and other instructional materials for school libraries, but not for public library facilities operated by school districts under s. 43.52, in accordance with rules promulgated by the department state superintendent. Appropriate records of such purchases shall be kept and necessary reports thereon shall be made to the department state superintendent.

AB1102, s. 74 Section 74. 48.57 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,27,19 48.57 (1) (c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the county department shall not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the department of education state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the department of education state superintendent of public instruction.

AB1102, s. 75 Section 75. 48.982 (2) (g) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,27,23 48.982 (2) (g) (intro.) In coordination with the departments of health and social services and education public instruction:

AB1102, s. 76 Section 76. 60.33 (9) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,28,2 60.33 (9) (a) Perform the clerk's duties under chs. 115 to 121, relating to education public instruction.

AB1102, s. 77 Section 77. 61.34 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,28,17 61.34 (4) Village finances. The village board may levy and provide for the collection of taxes and special assessments; may refund any tax or special assessment paid, or any part thereof, when satisfied that the same was unjust or illegal; and generally may manage the village finances. The village board may loan money to any school district located within the village or within which the village is wholly or partially located in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such village accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the department of education state superintendent of public instruction and the local school clerk. The rate of interest on any such loan shall be determined by the village board.

AB1102, s. 78 Section 78. 62.12 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,29,3 62.12 (9) Loans. The council may loan money to any school district located within the city, or within which the city is wholly or partially located, in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such city accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the department of education state superintendent of public instruction and the local school clerk. The rate of interest on any such loan shall be determined by the city council.

AB1102, s. 79 Section 79. 66.03 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,29,18 66.03 (3) (c) When as a result of any annexation whereby a school district is left without a school building, any moneys are received by such school district as a result of the division of assets and liabilities required by s. 66.03, which are derived from values that were capital assets, such moneys and interest thereon shall be held in trust by such school district and dispensed only for procuring new capital assets or remitted to an operating district as the remainder of the suspended district becomes a part of such operating district, and shall in no case be used to meet current operating expenditures. This shall include any funds in the hands of any district officers on July 1, 1953, resulting from such action previously taken under s. 66.03. The boards involved shall, as part of their duties in division of assets and liabilities in school districts, make a written report of the allocation of assets and liabilities to the department of education state superintendent of public instruction and any local superintendent of schools whose territory is involved in the division of assets.

AB1102, s. 80 Section 80. 66.03 (5) of the statutes, as affected by 1995 Wisconsin Act 216, is amended to read:

AB1102,30,24 66.03 (5) Apportionment board. The boards or councils of the municipalities, or committees, thereof selected for that purpose, acting together, shall constitute an apportionment board. When any municipality is dissolved by reason of all of its territory being so transferred the board or council thereof existing at the time of such dissolution shall, for the purpose of this section, continue to exist as the governing body of such municipality until there has been an apportionment of assets by agreement of the interested municipalities or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested municipalities, or an order of the circuit court becomes final, a copy of such apportionment agreement, or of such order, certified to by the clerks of the interested municipalities, shall be filed with the department of revenue, the department of natural resources, the department of transportation, the department of education state superintendent of public instruction, the department of administration, and with any other department or agency of the state from which the town may be entitled by law to receive funds or certifications or orders relating to the distribution or disbursement of funds, with the county treasurer, with the treasurer of any municipality, or with any other entity from which payment would have become due if such dissolved municipality from which such territory was transferred had continued in existence. Subject to ss. 79.006 and 86.303 (4), thereafter payments from the shared revenue account made pursuant to ch. 79, payments of forest crop taxes under s. 77.05, of transportation aids under s. 20.395, of state aids for school purposes under ch. 121, payments for managed forest land under subch. VI of ch. 77 and all payments due from a department or agency of the state, from a county, from a municipality, or from any other entity from which payments would have become due if such dissolved municipality from which such territory was transferred had continued in existence, shall be paid to the interested municipality as provided by such agreement for apportionment of assets or by any order of apportionment by the circuit court and such payments shall have the same force and effect as if made to the dissolved municipality from which such territory was transferred.

AB1102, s. 81 Section 81. 66.30 (6) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,31,11 66.30 (6) (g) At least 30 days prior to entering into a contract under this subsection or a modification or extension of the contract, the school boards of the districts involved or their designated agent shall file the proposed agreement with the department of education state superintendent of public instruction to enable the department state superintendent or state superintendent's designee to assist and advise the school boards involved in regard to the applicable recognized accounting procedure for the administration of the school aid programs. The department of education state superintendent shall review the terms of the proposed contract to ensure that each participating district's interests are protected.

AB1102, s. 82 Section 82. 67.03 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,31,20 67.03 (1) (b) For any school district which offers no less than grades 1 to 12 and which at the time of incurring such debt is eligible to receive state aid under s. 121.08, 10% of such equalized value shall be permitted. Any school district about to incur indebtedness may apply to the state superintendent of public instruction for, and the state superintendent may issue, a certificate as to the eligibility of the school district to receive state aid under s. 121.08, which certificate shall be conclusive as to such eligibility for 30 days, but not beyond the next June 30.

AB1102, s. 83 Section 83. 73.0305 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,32,4 73.0305 Revenue limits calculations. The department of revenue shall annually determine and certify to the state superintendent of public instruction, no later than the 4th Monday in June, the allowable rate of increase for the limit imposed under subch. VII of ch. 121. For that limit, the allowable rate of increase is the percentage change in the consumer price index for all urban consumers, U.S. city average, between the preceding March 31 and the 2nd preceding March 31, as computed by the federal department of labor.

AB1102, s. 84 Section 84. 101.14 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,32,11 101.14 (1) (c) The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the department of education state superintendent of public instruction.

AB1102, s. 85 Section 85. Chapter 115 (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,32,14 CHAPTER 115

AB1102,32,18 DEPARTMENT OF EDUCATION state superintendent; GENERAL CLASSIFICATIONS AND DEFINITIONS; HANDICAPPED CHILDREN

AB1102, s. 86 Section 86. 115.001 (13m) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB1102, s. 87 Section 87. Subchapter II (title) of chapter 115 [precedes 115.28] of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,32,23 Chapter 115

AB1102,32,24 Subchapter II

AB1102,33,2 State superintendent of public instruction

AB1102, s. 88 Section 88. 115.28 (3m) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,33,10 115.28 (3m) Supervision of cooperative educational service agencies; rules. (a) Supervise and audit the receipts and expenditures of the cooperative educational service agencies, conduct program review of the agencies, approve agency evaluations, supervise boundary reorganization where necessary, advise the administrators of the agencies and provide assistance in organizing the agencies throughout the state.