AB1102: Bill Text

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.

AB1102,33,12 (b) Promulgate rules establishing procedures for the reorganization of cooperative educational service agencies and boundary appeals.

AB1102,33,16 (c) Every 3rd year as scheduled by the department, report to the appropriate standing committees of the legislature under s. 13.172 (3) on all cooperative educational service agency programs and services. The report shall include information on the efficiency and effectiveness of the programs and services.

AB1102, s. 89 Section 89. 115.28 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,33,25 115.28 (7) (a) License all teachers for the public schools of the state, make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.192 and 118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in the secretary's state superintendent's office all papers relating to state teachers' licenses and register each such license.

AB1102, s. 90 Section 90. 115.28 (7m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,34,6 115.28 (7m) Certification of school nurses. Certify school nurses, make rules for the examination and certification of school nurses and file in the secretary's state superintendent's office all papers relating to school nurses certification and register each such certification.

AB1102, s. 91 Section 91. 115.28 (20) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,34,11 115.28 (20) (a) Advise the secretary state superintendent on funding criteria and evaluation plans for grant programs for the school district operating under ch. 119.

AB1102, s. 92 Section 92. 115.28 (20) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,34,15 115.28 (20) (b) Advise the secretary state superintendent on the programs that meet or do not meet the funding criteria.

AB1102, s. 93 Section 93. 115.28 (20) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,34,19 115.28 (20) (c) Assist the secretary state superintendent in monitoring the progress of funded programs.

AB1102, s. 94 Section 94. 115.28 (20) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,34,23 115.28 (20) (d) Recommend to the secretary state superintendent needed changes in statutes or rules relating to grant programs.

AB1102, s. 95 Section 95. 115.28 (20) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,35,2 115.28 (20) (e) Submit to the secretary state superintendent an annual report detailing the council's activities, accomplishments and projected needs.

AB1102, s. 96 Section 96. 115.28 (27) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,35,8 115.28 (27) Wisconsin geography alliance. Annually allocate the amount in the appropriation under s. 20.255 (3) (ec) to the Wisconsin geography alliance to train teachers and develop curricula for primary and secondary education in geography. This subsection does not apply after June 30, 1996.

AB1102, s. 97 Section 97. 115.29 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,35,11 115.29 General powers. (intro.) The secretary state superintendent may:

AB1102, s. 98 Section 98. 115.29 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,35,18 115.29 (1) Designate representative. Designate the deputy secretary state superintendent or another employe of the department as the secretary's state superintendent's representative on any body on which the secretary state superintendent is required to serve, except the board of regents of the university of Wisconsin system.

AB1102, s. 99 Section 99. 115.29 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,35,24 115.29 (2) Educational meetings. Attend such educational meetings and make such investigations as the secretary state superintendent deems important and as will acquaint the secretary state superintendent with the different systems of public schools in the United States.

AB1102, s. 100 Section 100. 115.29 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,36,16 115.29 (4) High school graduation equivalency. Grant declarations of equivalency of high school graduation to persons, if in the secretary's state superintendent's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The secretary state superintendent may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the secretary state superintendent, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the secretary state superintendent or other standards established by the secretary state superintendent.

AB1102, s. 101 Section 101. 115.30 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,36,20 115.30 (4) (a) The condition of all schools under the department's state superintendent's supervision.

AB1102, s. 102 Section 102. 115.30 (4) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,36,24 115.30 (4) (c) The secretary's state superintendent's visits to educational institutions.

AB1102, s. 103 Section 103. 115.30 (4) (f) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,37,4 115.30 (4) (f) A summary of the receipts and disbursements of all schools under the department's state superintendent's jurisdiction.

AB1102, s. 104 Section 104. 115.345 (1) to (4) of the statutes, as affected by 1995 Wisconsin Act 27, are amended to read:

AB1102,37,14 115.345 (1) Any school district approved by the department state superintendent may establish a system to provide the opportunity for authorized elderly persons to participate in its school lunch program. If a school board desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the department state superintendent. Upon petition of 5% of the voters in the school district who voted in the last school board election, the school board shall formulate a food services plan, provided that hot food service facilities are available to school children in the district.

AB1102,37,19 (2) Each plan shall provide at least one meal per day for each day that school is in regular session. The school board may provide additional service at other times in its discretion, if the number of eligible persons in the district or adjacent districts is of sufficient size, in the opinion of the department state superintendent, so that unwarranted production expense is not incurred.

AB1102,38,2 (3) Any school board which operates a food services plan for elderly persons under this section shall make facilities available for service to elderly persons at every high school and junior high school in the district which provides hot food service to its students. Upon application, the department state superintendent may grant exceptions from compliance with this subsection for reasons of safety, convenience or insufficient interest in a given neighborhood. The school board may, in addition, provide service at elementary schools if desired.

AB1102,38,10 (4) Meals may be served at schools where they are served to students or at any site more convenient to the majority of authorized elderly persons interested in the service. Food may be transported to authorized elderly persons who are unable to leave their homes or distributed to nonprofit organizations for such purposes. However, no state funds under this section may be used for food delivery to individual homes. The department state superintendent may require consolidation of programs between districts and between schools if such a procedure will be convenient and economical.

AB1102, s. 105 Section 105. 115.345 (6) to (8) of the statutes, as affected by 1995 Wisconsin Act 27, are amended to read:

AB1102,38,19 115.345 (6) All meals served must meet the approval of the department which state superintendent who shall establish minimum nutritional standards not inconsistent with federal standards and reasonable expenditure limits such that the average cost per meal is not excessive. The department state superintendent shall give special consideration to dietary problems of elderly persons in formulating a nutritional plan. However, no school board shall be required to provide special foods for individual persons with allergies or medical disorders.

AB1102,38,23 (7) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the department. The department state superintendent may issue identification cards to such persons if necessary.

AB1102,39,2 (7m) A private school may establish a food services plan for elderly persons. If the plan meets all of the requirements of this section and is approved by the department state superintendent, the private school is eligible for reimbursement in the same manner as school districts under sub. (5).

AB1102,39,4 (8) The department state superintendent shall adopt reasonable rules necessary to implement this section.

AB1102, s. 106 Section 106. 115.35 (5) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,39,8 115.35 (5) (c) As to the department's state superintendent's recommendations to improve such programs and cooperation.

AB1102, s. 107 Section 107. 115.361 (5) (c) 3. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,39,14 115.361 (5) (c) 3. Annually by July 1, evaluate the programs funded under this subsection and submit a report describing its his or her conclusions and recommendations to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

AB1102, s. 108 Section 108. 115.40 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,39,19 115.40 (4) (a) The secretary state superintendent and the secretary of health and social services shall provide technical assistance to and consult with applicants regarding the preparation of their applications.

AB1102, s. 109 Section 109. 115.40 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,40,3 115.40 (4) (b) The secretary state superintendent and the secretary of health and social services shall review the applications and jointly determine the grant recipients and the amount of each grant. A grant may not be awarded to a school board, agency or organization unless the percentage of the participating school district's membership in the previous school year for whom aid to families with dependent children was being received under s. 49.19 was greater than 5%. In this paragraph, "membership" has the meaning given in s. 121.004 (5).

AB1102, s. 110 Section 110. 115.40 (4) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,40,8 115.40 (4) (c) (intro.) The secretary state superintendent and the secretary of health and social services shall give preference in awarding grants under this section to all of the following:

AB1102, s. 111 Section 111. 115.45 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,40,16 115.45 (2) (b) The council for Milwaukee public schools grant programs under s. 115.28 (20) shall review the applications submitted under par. (a) and make recommendations to the secretary state superintendent regarding the schools to be selected and amounts of the grants to be awarded. The council's recommendations shall be based upon and include information regarding the degree to which the proposed projects will effectively meet the requirements under sub. (4).

AB1102, s. 112 Section 112. 115.45 (6) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,41,2 115.45 (6) (b) By March 1, 1986, and annually thereafter, submit to the joint committee on finance and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a budget report detailing the grants the department he or she intends to award under this section in the next fiscal year. The report shall provide summary data on the results of the annual testing required under sub. (4) (b) and include a description of the guidelines used to determine the individual schools and private service providers that will receive funds under this section and the types of expenditures eligible for such funds.

AB1102, s. 113 Section 113. 115.47 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,41,6 115.47 Designated state official under agreement. The "designated state official" for this state under s. 115.46 shall be the secretary state superintendent.

AB1102, s. 114 Section 114. 115.48 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,41,12 115.48 Contracts under agreement. True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the department and in the office of the secretary of state. The department shall publish all such contracts in convenient form.