AB150: Bill Text

AB150, s. 3931 Section 3931. 118.001 of the statutes is created to read:

AB150,1377,9 118.001 Duties and powers of school boards; construction of statutes. The statutory duties and powers of school boards shall be broadly construed to authorize any school board action that is within the comprehensive meaning of the terms of the duties and powers, if the action is not prohibited by the laws of the federal government or of this state.

AB150, s. 3932 Section 3932. Subchapter I (title) of chapter 118 [precedes 118.01] of the statutes is created to read:

AB150,1377,12 Chapter 118

AB150,1377,14 Subchapter I General school operations

AB150, s. 3933 Section 3933. 118.01 (1) of the statutes is amended to read:

AB150,1378,2 118.01 (1) Purpose. Public education is a fundamental responsibility of the state. The constitution vests in the state superintendent the supervision of public instruction and directs the legislature to provide for the establishment of district schools. The effective operation of the public schools is dependent upon a common understanding of what public schools should be and do. Establishing such goals and expectations is a necessary and proper complement to the state's financial contribution to education. Each school board should provide curriculum, course requirements and instruction consistent with the goals and expectations established under sub. (2). Parents and guardians of pupils enrolled in the school district share with the state and school board the responsibility for pupils meeting the goals and expectations under sub. (2).

AB150, s. 3934 Section 3934. 118.013 (3) (a) of the statutes is amended to read:

AB150,1378,20 118.013 (3) (a) A school board on its own initiative or upon receipt of an application from the principal of a school located in the school district may apply to the state superintendent department for a grant to assist in developing or implementing a management restructuring program. The state superintendent secretary shall appoint a 12-member council under s. 15.04 (1) (c) to review the applications and make recommendations to the state superintendent department. The council shall consist of the governor or his or her designee and at least one member representing school boards, one member representing school administrators, one member representing parents of pupils enrolled in the school district and one member representing teachers. The state superintendent secretary may also appoint members representing other groups. Grants shall be awarded from the appropriation under s. 20.255 (2) (ds). The state superintendent department shall give preference in awarding grants under this paragraph to applications submitted by school boards in collaboration with an organization of professional educators or persons concerned with educational administration. To the extent possible, the state superintendent department shall ensure that grants are equally distributed on a statewide basis.

AB150, s. 3935 Section 3935. 118.015 (2) of the statutes is repealed.

AB150, s. 3936 Section 3936. 118.015 (3) of the statutes is repealed.

AB150, s. 3937 Section 3937. 118.019 (6) of the statutes is repealed.

AB150, s. 3938 Section 3938. 118.07 (2) (b) of the statutes is amended to read:

AB150,1379,7 118.07 (2) (b) Annually the person having direct charge of any public or private school shall file a report pertaining to such drills on forms furnished by the department of industry, labor and human relations development. Such reports shall be made to the department of industry, labor and human relations development and, in each community having a recognized fire department, to the chief of the fire department. When no fire drill is held during any month, the person having direct charge of the school shall state the reasons therefor in the report.

AB150, s. 3939 Section 3939. 118.125 (2) (i) of the statutes is amended to read:

AB150,1379,17 118.125 (2) (i) The technical college district board in which the public school is located, or the department of health and social services or a county department under s. 46.215, 46.22 or 46.23 for verification of eligibility for public assistance under ch. 49, shall, upon Upon request, be provided by the school district clerk with shall provide the names of pupils who have withdrawn from the public school prior to graduation under s. 118.15 (1) (c) to the technical college district board in which the public school is located or, for verification of eligibility for public assistance under ch. 49, to the department of health and social services, the department of industry, labor and human relations or a county department under s. 46.215, 46.22 or 46.23.

AB150, s. 3940 Section 3940. 118.125 (3) of the statutes is amended to read:

AB150,1380,5 118.125 (3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm, or optical disk or in electronic format if authorized under s. 19.21 (4) (c), or in such other form as the school board deems appropriate. A school board shall maintain peace officers' records obtained under s. 48.396 (1m) separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under ch. 985.

AB150, s. 3941 Section 3941. 118.15 (1) (a) of the statutes is amended to read:

AB150,1380,13 118.15 (1) (a) Except as provided under pars. (b) to (d) and sub. (4), unless the child is excused under sub. (3) or has graduated from high school, any person having under control a child who is between the ages of 6 and 18 17 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 17 years of age.

AB150, s. 3942 Section 3942. 118.15 (1) (c) 2. of the statutes is amended to read:

AB150,1380,20 118.15 (1) (c) 2. Upon the child's request and with the written approval of the child's parent or guardian, of any child who is 17 years of age or over may be excused by, the school board from regular school attendance if the child and his or her parent or guardian agree, in writing, that the child will may allow the child to participate in a program or curriculum modification under par. (d) leading to the child's high school graduation or leading to a high school equivalency diploma under s. 115.29 (4).

AB150, s. 3943 Section 3943. 118.15 (1) (c) 3. of the statutes is amended to read:

AB150,1381,12 118.15 (1) (c) 3. Prior to a child's admission to a program leading to the child's high school graduation or a high school equivalency program under par. (b) or subd. 1. or 2., the child, his or her parent or guardian, the school board and a representative of the high school equivalency program or program leading to the child's high school graduation shall enter into a written agreement. If the child is 16 years of age, his or her parent or guardian shall also enter into the agreement. The written agreement shall state the services to be provided, the time period needed to complete the high school equivalency program or program leading to the child's high school graduation and how the performance of the pupil will be monitored. The agreement shall be monitored by the school board on a regular basis, but in no case shall the agreement be monitored less frequently than once per semester. If the school board determines that a child is not complying with the agreement, the school board shall notify the child, his or her parent or guardian and the high school equivalency program or program leading to the child's high school graduation that the agreement may be modified or suspended in 30 days. If the child is 16 years of age, the school board shall also notify the child's parent or guardian.

AB150, s. 3944 Section 3944. 118.15 (1) (cm) of the statutes is repealed.

AB150, s. 3945 Section 3945. 118.15 (5) (b) of the statutes is amended to read:

AB150,1381,16 118.15 (5) (b) Paragraph (a) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.50 (7) (h) 49.26 (1) (h).

AB150, s. 3946 Section 3946. 118.153 (4) (b) of the statutes is amended to read:

AB150,1381,24 118.153 (4) (b) Upon receipt of a school board's annual report under par. (a) the state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. ss. 20.255 (2) (ac) and 20.835 (7) (ac) in the previous school year.

AB150, s. 3947 Section 3947. 118.16 (4) (e) of the statutes is amended to read:

AB150,1382,6 118.16 (4) (e) A school board may establish one or more youth service centers for the counseling of children who are taken into custody under s. 48.19 (1) (d) 9. or 10. for being absent from school without an acceptable excuse under s. 118.15. If the board of school directors operating a school district under ch. 119 establishes one or more youth service centers, the board shall contract with the Boys and Girls Clubs of Greater Milwaukee for the operation of the centers.

AB150, s. 3948 Section 3948. 118.163 (2m) of the statutes is amended to read:

AB150,1382,15 118.163 (2m) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege, as defined in s. 340.01 (40), of a child who is at least 16 years of age but less than 18 years of age and is a dropout. The ordinance shall provide that the court may suspend the child's operating privilege, as defined in s. 340.01 (40), until the child reaches the age of 18 17. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with a notice stating the reason for and the duration of the suspension.

AB150, s. 3949 Section 3949. 118.165 (2) of the statutes is amended to read:

AB150,1382,20 118.165 (2) An institution may request the state superintendent department to approve the institution's educational program as a private school. The state superintendent department shall base his or her its approval solely on the criteria under sub. (1).

AB150, s. 3950 Section 3950. 118.167 of the statutes is amended to read:

AB150,1383,6 118.167 (title) Private school determination by state superintendent department. If an association that regulates or accredits private educational institutions in this state submits an affidavit to the state superintendent department attesting that the institution meets or exceeds all of the criteria under s. 118.165 and the state superintendent department finds that the institution does meet or exceed all of the criteria under s. 118.165, the state superintendent department shall determine that the institution is a private school. If at any time the state superintendent department finds that an institution determined to be a private school under this section no longer meets the criteria under s. 118.165, he or she the department may withdraw the determination.

AB150, s. 3951 Section 3951. 118.17 of the statutes is amended to read:

AB150,1383,13 118.17 Indigent children. The principal or teacher in charge of any public school shall report to the authority administering general relief county department under s. 46.215, 46.22 or 46.23 for the county wherein the school is situated the name and address of any child in the school whose parent, guardian or other person having control, charge or custody of the child is without sufficient means to furnish the child with food or clothing necessary to enable the child to attend school.

AB150, s. 3952 Section 3952 . 118.192 (5) of the statutes is repealed.

AB150, s. 3953 Section 3953. 118.195 (1) of the statutes is amended to read:

AB150,1383,20 118.195 (1) No person otherwise qualified may be denied a certificate or license from the state superintendent under s. 118.19 (1) because the person is totally or partially blind, deaf or physically handicapped nor may any school district refuse to employ or contract with a teacher on such grounds, if such handicapped teacher is able to carry out the duties of the position which the person seeks.

AB150, s. 3954 Section 3954. 118.20 (1) and (2) of the statutes are amended to read:

AB150,1384,5 118.20 (1) No discrimination because of sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), race, nationality or political or religious affiliation may be practiced in the employment of or contracting with teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), race, nationality or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employes or by teachers agencies or placement bureaus.

AB150,1384,11 (2) The state superintendent or a person designated by the superintendent department may receive and investigate complaints charging discrimination in employment, assignment or reassignment of or contracting with teachers or administrative personnel in the public schools and the superintendent or designee department may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.

AB150, s. 3955 Section 3955. 118.20 (4) to (7) of the statutes are amended to read:

AB150,1384,24 118.20 (4) After hearing, if the state superintendent department finds that the respondent has engaged in discrimination prohibited by this section the state superintendent department shall make written findings and recommend such action by the respondent as shall satisfy the purposes of this section and shall serve a certified copy of the findings and recommendations on the respondent together with an order requiring the respondent to comply with the recommendations. Any person aggrieved by noncompliance with the order shall be entitled to have the order enforced specifically by suit in equity. If the state superintendent department finds that the respondent has not engaged in the alleged discrimination, the state superintendent department shall serve a certified copy of the state superintendent's department's findings on the complainant together with an order dismissing the complaint.

AB150,1385,9 (5) If any public school official, employe, teachers agency or placement bureau violates sub. (1) or fails or refuses to obey any lawful order made by the superintendent department pursuant to this section, such person shall forfeit and pay into the state treasury not less than $25 nor more than $50, or be imprisoned not less than 5 nor more than 30 days. Such violation or failure or refusal to obey an order shall be grounds for the removal of any school district administrator, member of a school board or other public school official. Findings and orders of the superintendent department under this section shall be subject to judicial review under ch. 227

AB150,1385,14 (6) Upon request of the superintendent department, the attorney general or district attorney of the county in which any investigation, hearing or trial under this section is pending, shall aid and prosecute under supervision of the superintendent department, all necessary actions or proceedings for the enforcement of this section and for the punishment of all violations thereof.

AB150,1385,17 (7) In administering this section the superintendent department shall have authority to make, amend and rescind rules necessary to carry out the purposes of this section.

AB150, s. 3956 Section 3956. 118.23 (6) of the statutes is created to read:

AB150,1385,22 118.23 (6) This section does not apply after the effective date of this subsection .... [revisor inserts date]. Any person whose employment is permanent under sub. (3) on that date, shall retain all of the rights and privileges of such permanent employment after that date.

AB150, s. 3957 Section 3957. 118.24 (1) of the statutes is amended to read:

AB150,1386,2 118.24 (1) A school board may employ a school district administrator, a business manager and school principals and assistants to such persons. The term of each initial employment contract shall expire on June 30 of an odd-numbered year and may not exceed be for a term of at least 2 years.

AB150, s. 3958 Section 3958. 118.24 (2) (e) of the statutes is amended to read:

AB150,1386,11 118.24 (2) (e) The school district administrator shall attend annually one convention called by the state superintendent department for the purpose of consultation upon matters pertaining to the supervision and management of the schools. The administrator shall be reimbursed for actual and necessary expenses incurred for travel, board and lodging because of attendance at such convention. Bills for such expenses shall be audited and allowed by the school board upon presentation of an itemized statement of expense accompanied by a certificate of attendance signed by the state superintendent secretary.

AB150, s. 3959 Section 3959. 118.24 (6) of the statutes is amended to read:

AB150,1387,2 118.24 (6) The employment contract of any person described under sub. (1) shall be in writing and filed with the school district clerk. At least 4 months prior to the expiration of the employment contract, the employing school board shall give notice in writing of either renewal of the contract or of refusal to renew such person's contract. If no such notice is given, the contract then in force shall continue in force for a term that expires on June 30 of an odd-numbered year and that does not exceed 2 years. Any such person who receives notice of renewal or who does not receive notice of renewal or refusal to renew the person's contract at least 4 months before the contract expiration shall accept or reject the contract in writing on or before a date 3 months prior to the contract expiration. No such person may be employed or dismissed except by a majority vote of the full membership of the school board. Nothing in this section prevents the modification or termination of an employment contract by mutual agreement of the parties. No school board may enter into a contract of employment with any such person for a period of time as to which such person is then under a contract of employment with another school board.

AB150, s. 3960 Section 3960. 118.24 (8) of the statutes is amended to read:

AB150,1387,10 118.24 (8) Personnel administrators and supervisors, curriculum administrators and assistants to such administrative personnel, when employed by the school board of any school district to perform administrative duties only, may be initially employed for a term that expires on June 30 of an odd-numbered year and that does not exceed of at least 2 years. The term shall coincide with the state fiscal biennium. Subsections (5) to (7) are applicable to such persons when they are employed to perform administrative duties only.

AB150, s. 3961 Section 3961. 118.245 (1) of the statutes is amended to read:

AB150,1387,12 118.245 (1) In this section, "professional:

AB150,1387,16 (a) "Nonrepresented professional employe" means a school district employe who holds a license issued by the state superintendent under s. 115.28 (7), whose employment requires that license, and who is not included in a collective bargaining unit for which a representative is recognized or certified under subch. IV of ch. 111.

AB150, s. 3962 Section 3962. 118.245 (1) (b) of the statutes is created to read:

AB150,1387,19 118.245 (1) (b) "Represented professional employe" has the meaning given for "school district professional employe" in s. 111.70 (1) (ne).

AB150, s. 3963 Section 3963. 118.245 (2) of the statutes is amended to read:

AB150,1388,2 118.245 (2) Each school district shall maintain for each of its nonrepresented professional employes during the period beginning on August 12, 1993, and ending on June 30, 1996, at least the same percentage contribution provided by the school district to the employes' existing fringe benefit costs, and shall maintain all existing fringe benefits provided to the employes during each 12-month period ending on June 30, as such contributions and benefits existed on March 31 preceding that 12-month period.

AB150, s. 3964 Section 3964. 118.245 (3) of the statutes is renumbered 118.245 (3) (a) and amended to read:

AB150,1388,15 118.245 (3) (a) No Except as provided in par. (b), no school district may grant to its nonrepresented professional employes for any 12-month period ending on June 30 an average increase for all such employes in compensation during the period beginning on August 12, 1993 the effective date of this subsection .... [revisor inserts date], and ending on June 30, 1996, having an average cost per employe exceeding 2.1% of the highest average total percentage increased cost per employe of compensation and fringe benefits provided by the school district to its represented professional employes for any 12-month period ending on June 30 in any collective bargaining unit during either of the 2 most recent 12-month periods ending on June 30 preceding the date that the increase becomes effective, including any increase due to a promotion or the attainment of increased professional qualifications, unless.

AB150,1389,8 (b) If the increased cost required to maintain the percentage contribution by the school district to the nonrepresented professional employes' existing fringe benefit costs and to maintain all existing fringe benefits provided to the employes under sub. (2) exceeds 1.7% of the average total cost per employe of compensation and fringe benefits provided by the school district to its nonrepresented professional employes for any such 12-month period, in which case the school district shall not grant to its professional those employes for any 12-month period ending on June 30 an average increase for all such employes in compensation during that the period beginning on the effective date of this subsection .... [revisor inserts date], and ending on June 30, 1996, having a total cost per employe exceeding an average of that percentage, if any, for each 12-month period ending on June 30, of the prorated portion of 2.1% of the that highest average total percentage increased cost per employe of compensation and fringe benefits provided by the school district to its represented professional employes under par. (a) that remains, if any, after the average increased cost of such maintenance exceeding 1.7% of the average total cost per employe of compensation and fringe benefits provided by the school district to its nonrepresented professional employes for each 12-month period is subtracted from the average increased cost of such a compensation increase.

AB150, s. 3965 Section 3965. 118.245 (3) (c) of the statutes is created to read:

AB150,1389,14 118.245 (3) (c) For purposes of this subsection, the average total percentage increased cost per employe of the compensation provided by a school district to its represented professional employes in any collective bargaining unit shall be determined in accordance with the method prescribed by the employment relations commission under s. 111.70 (4) (cm) 8s.

AB150, s. 3966 Section 3966. 118.245 (4) of the statutes is amended to read:

AB150,1389,20 118.245 (4) For purposes of determination of the increased cost of any fringe benefits or compensation provided to a nonrepresented professional employe or represented professional employe, any cost increase that is incurred on any day other than the beginning of a 12-month period under sub. (2) or (3) shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period.

AB150, s. 3967 Section 3967. 118.25 (1) of the statutes is amended to read:

AB150,1389,25 118.25 (1) In this section, "school employe" means a person employed by a school board, or under contract to a school board under s. 120.13 (26), who comes in contact with children or who handles or prepares food for children while they are under the supervision of school authorities.

AB150, s. 3968 Section 3968. 118.255 (3) of the statutes is amended to read:

AB150,1390,5 118.255 (3) The school board, cooperative educational service agency or county handicapped children's education board maintaining health treatment services shall report annually to the department of public instruction, and at such other times as the department directs, such information as the department requires.

AB150, s. 3969 Section 3969. 118.255 (4) of the statutes is amended to read:

AB150,1390,19 118.255 (4) If the state superintendent department is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law he or she, the department shall certify to the department of administration in favor of each school board, cooperative educational service agency and county handicapped children's education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in s. 115.88 (1) by the school board, cooperative educational service agency and county handicapped children's education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county handicapped children's education board as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB150, s. 3970 Section 3970. 118.255 (5) of the statutes is created to read:

AB150,1390,23 118.255 (5) Notwithstanding sub. (4), beginning in the 1996-97 school year the department shall certify to the department of revenue and aid shall be paid from the appropriation under s. 20.835 (7) (b).

AB150, s. 3971 Section 3971. 118.30 (1) (a) of the statutes is renumbered 118.30 (1) (intro.) and amended to read:

AB150,1391,5 118.30 (1) (intro.) The state superintendent shall adopt or approve examinations that are designed to measure pupil attainment of knowledge in the 4th, 8th and 10th grades and reimburse school districts for the costs of the examinations. Except as otherwise provided in this section, beginning in the 1993-94 school year, the school board shall administer do all of the following:

AB150,1391,8 (a) Administer the examinations 8th grade examination annually to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th and 10th grades grade.

AB150, s. 3972 Section 3972. 118.30 (1) (b) of the statutes is repealed and recreated to read: