AB150: Bill Text

AB150, s. 3870 Section 3870. 115.33 (3) (b) 1. of the statutes is amended to read:

AB150,1358,2 115.33 (3) (b) 1. If the state superintendent determines that a school is not in compliance and is not worth repairing, and the department of industry, labor and human relations development, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to develop a plan that describes how the school board will achieve compliance with the standard under s. 121.02 (1) (i). The plan shall specify the time within which compliance with the standard under s. 121.02 (1) (i) shall be achieved. The state superintendent shall hold a public hearing on the plan in the school district and may, as a result of the hearing, recommend changes to the plan. The state superintendent may withhold up to 25% of the school district's state aid if the school district fails to achieve compliance with the standard under s. 121.02 (1) (i) within the period specified in the plan.

AB150, s. 3871 Section 3871. 115.345 (1) to (4) and (6) to (8) of the statutes are amended to read:

AB150,1358,12 115.345 (1) Any school district approved by the superintendent department 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 superintendent department. 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.

AB150,1358,17 (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 superintendent department, so that unwarranted production expense is not incurred.

AB150,1358,24 (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 superintendent department 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.

AB150,1359,8 (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 superintendent department may require consolidation of programs between districts and between schools if such a procedure will be convenient and economical.

AB150,1359,15 (6) All meals served must meet the approval of the superintendent who department which 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 superintendent department 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.

AB150,1359,19 (7) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the department. The superintendent department may issue identification cards to such persons if necessary.

AB150,1359,23 (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 state superintendent department, the private school is eligible for reimbursement in the same manner as school districts under sub. (5).

AB150,1359,25 (8) The superintendent department shall adopt reasonable rules necessary to implement this section.

AB150, s. 3872 Section 3872. 115.347 of the statutes is amended to read:

AB150,1360,8 115.347 Direct certification of eligibility for school nutrition programs. (1) Beginning in the 1994-95 school year, a school board may submit enrollment data to the department of health and social services industry, labor and human relations for the purpose of directly certifying children as eligible for free or reduced-price meals under the federal school nutrition programs. The department of health and social services industry, labor and human relations shall prescribe a format for the report.

AB150,1360,18 (2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under sub. (1) in the prescribed format, the department of health and social services industry, labor and human relations shall determine which children enrolled in the school district are members of families receiving aid to families with dependent children or food stamps, or both, and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to 42 USC 1758 (b) (2) (C) (ii) and (iii).

AB150,1360,21 (3) The state superintendent shall assist school boards in developing a method for submitting enrollment data to the department of health and social services industry, labor and human relations under sub. (1).

AB150, s. 3873 Section 3873. 115.35 (5) (c) of the statutes is amended to read:

AB150,1360,24 115.35 (5) (c) As to the state superintendent's department's recommendations to improve such programs and cooperation.

AB150, s. 3874 Section 3874. 115.361 (5) (c) 3. of the statutes is amended to read:

AB150,1361,4 115.361 (5) (c) 3. Annually by July 1, evaluate the programs funded under this subsection and submit a report describing his or her its 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).

AB150, s. 3875 Section 3875. 115.363 of the statutes is repealed.

AB150, s. 3876 Section 3876. 115.364 of the statutes is repealed.

AB150, s. 3877 Section 3877. 115.366 of the statutes is repealed.

AB150, s. 3878 Section 3878. 115.367 of the statutes is created to read:

AB150,1361,11 115.367 Pioneering partners grants. (1) A school board, or a school board in conjunction with one or more of the following, may apply to the department for a pioneering partners grant:

AB150,1361,12 (a) Another school board, operating under an agreement under s. 66.30.

AB150,1361,13 (b) The board of control of a cooperative educational service agency.

AB150,1361,14 (c) A technical college district board.

AB150,1361,19 (2) The department and the division of technology management in the department of administration shall jointly award grants under this section for the purchase of instructional technology and the cost of providing staff development and training related to instructional technology. Grants shall be awarded for one-year periods.

AB150,1361,21 (3) Priority in awarding grants under this section shall be given to all of the following:

AB150,1361,25 (a) Projects that are supported by matching funds, either from the applicant or from another source, and projects that involve an association with businesses, technical college districts, cooperative educational service agencies or other school districts.

AB150,1362,2 (b) Applicants that establish ongoing training or training following the grant period using funds other than funds awarded under this section.

AB150,1362,4 (4) Grants under this section shall be awarded from the appropriation under s. 20.255 (2) (es).

AB150, s. 3879 Section 3879. 115.375 (2) (b) of the statutes is amended to read:

AB150,1362,13 115.375 (2) (b) From the appropriations under s. 20.255 (1) (cp), (jr) and (r) (2) (ee) and (ra), the board shall award grants to corporations and public agencies for the development, dissemination and presentation of environmental education programs. Programs shall be funded on an 18-month basis. The board may not award a grant unless the grant recipient matches at least 25% of the amount of the grant. Private funds and in-kind contributions may be applied to meet the matching requirement. Grants under this paragraph may not be used to replace funding available from other sources.

AB150, s. 3880 Section 3880. 115.375 (2) (c) of the statutes is amended to read:

AB150,1362,20 115.375 (2) (c) The board shall promulgate rules establishing the criteria and procedures for the awarding of grants for programs and projects under par. (b). The board shall use the priorities established under sub. (1) for awarding grants if the amount in the appropriations under s. 20.255 (1) (cp), (jr) and (r) (2) (ee) and (ra) in any fiscal year is insufficient to fund all applications under this subsection. The department shall assist the board in administering this section.

AB150, s. 3881 Section 3881. 115.392 of the statutes is repealed.

AB150, s. 3882 Section 3882. 115.40 (4) (a) of the statutes is amended to read:

AB150,1362,25 115.40 (4) (a) The state superintendent secretary and the secretary of health and social services shall provide technical assistance to and consult with applicants regarding the preparation of their applications.

AB150, s. 3883 Section 3883. 115.40 (4) (b) of the statutes is amended to read:

AB150,1363,8 115.40 (4) (b) The state superintendent secretary 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).

AB150, s. 3884 Section 3884. 115.40 (4) (c) (intro.) of the statutes is amended to read:

AB150,1363,12 115.40 (4) (c) (intro.) The state superintendent secretary and the secretary of health and social services shall give preference in awarding grants under this section to all of the following:

AB150, s. 3885 Section 3885. 115.43 (2) (b) of the statutes is amended to read:

AB150,1363,20 115.43 (2) (b) From the appropriation under s. 20.255 (1) (3) (fz), award precollege scholarships, on a competitive basis, to minority group pupils who enroll in a technical college or in college or university classes or programs designed to improve academic skills that are essential for success in postsecondary school education. The state superintendent shall give preference to minority group pupils who are inadequately represented in the technical college and university of Wisconsin systems.

AB150, s. 3886 Section 3886. 115.45 (2) (b) of the statutes is amended to read:

AB150,1364,2 115.45 (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 state superintendent secretary 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).

AB150, s. 3887 Section 3887. 115.45 (6) (b) of the statutes is amended to read:

AB150,1364,12 115.45 (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 he or she the department 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.

AB150, s. 3888 Section 3888. 115.47 of the statutes is amended to read:

AB150,1364,16 115.47 Designated state official under agreement. The "designated state official" for this state under s. 115.46 shall be the state superintendent of public instruction secretary.

AB150, s. 3889 Section 3889. 115.48 of the statutes is amended to read:

AB150,1364,21 115.48 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 of public instruction and in the office of the secretary of state. The department of public instruction shall publish all such contracts in convenient form.

AB150, s. 3890 Section 3890. 115.52 (5) of the statutes is amended to read:

AB150,1365,4 115.52 (5) The state superintendent may grant approval for the maintenance of a summer school at the school for the deaf whenever it will be to the advantage of deaf persons and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of visually handicapped minors. There shall be a summer school each year at the school for the visually handicapped for adult visually handicapped persons. There is no age limitation on summer school admissions adults.

AB150, s. 3891 Section 3891. 115.53 (4) (intro.) of the statutes is amended to read:

AB150,1365,9 115.53 (4) (intro.) Apply to the board of regents of the university of Wisconsin system directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics of any pupil in the state schools.

AB150, s. 3892 Section 3892. 115.53 (4) (b) of the statutes is amended to read:

AB150,1365,18 115.53 (4) (b) The net cost of hospital treatment shall be at the rate established under s. 142.07 233.40 (1) and shall be chargeable to the appropriation for operating the patient's school. The state superintendent likewise may authorize payment for the expense of transporting patients to and from the hospital. The state superintendent shall make payments for the treatment to the board of regents University of Wisconsin Hospitals and Clinics Authority. Funds collected by the state superintendent on account of the hospitalization shall be deposited in the appropriation under s. 20.255 (1) (b) for the school concerned.

AB150, s. 3893 Section 3893. 115.745 (2) (intro.) of the statutes is amended to read:

AB150,1365,22 115.745 (2) (intro.) The state superintendent department shall not award a grant under sub. (1) unless he or she the department determines that all of the following conditions have been met:

AB150, s. 3894 Section 3894. 115.77 (1) of the statutes is amended to read:

AB150,1365,25 115.77 (1) Appointment of administrator. The state superintendent secretary shall appoint the administrator.

AB150, s. 3895 Section 3895. 115.77 (2) (intro.) of the statutes is amended to read:

AB150,1366,3 115.77 (2) Duties of administrator. (intro.) Subject to the direction of the state superintendent secretary, the administrator:

AB150, s. 3896 Section 3896. 115.79 (1) (intro.) of the statutes is amended to read:

AB150,1366,6 115.79 (1) (intro.) The state superintendent secretary shall consult with the council on exceptional education concerning:

AB150, s. 3897 Section 3897. 115.79 (1) (d) of the statutes is amended to read:

AB150,1366,9 115.79 (1) (d) Any other matters upon which the state superintendent secretary wishes the council's opinion.

AB150, s. 3898 Section 3898. 115.81 (7) of the statutes is amended to read:

AB150,1366,21 115.81 (7) (title) Appeal to state superintendent department. Within 45 days after the decision of the hearing officer under sub. (6), either party may appeal the decision to the state superintendent department. An appeal under this subsection shall be initiated by filing a written request for review with the state superintendent department. The request for review shall contain a brief statement of the grounds on which the review is requested and shall be served on all parties. The state superintendent secretary shall appoint an impartial reviewing officer to conduct the appeal. The reviewing officer shall review the record established at the hearing under sub. (6) and issue a written decision within 30 days of receipt of the request for review. A reviewing officer may receive additional testimony and may grant specific extensions of time for cause at the request of either party.

AB150, s. 3899 Section 3899. 115.81 (8) of the statutes is amended to read:

AB150,1366,25 115.81 (8) Appeal to court. Within 45 days after the decision of the reviewing officer appointed by the state superintendent secretary under sub. (7), either party may appeal the decision to the circuit court for the county in which the child resides.

AB150, s. 3900 Section 3900. 115.83 (1) (b) of the statutes is amended to read:

AB150,1367,7 115.83 (1) (b) Employ, for For a special education program, employe or contract under s. 120.13 (26) for either full- or part-time licensed teachers, licensed coordinators of special education, licensed school social workers, licensed school psychologists, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with exceptional educational needs in a class and any other personnel approved by the department.

AB150, s. 3901 Section 3901. 115.85 (2) (c) 2. (intro.) of the statutes is amended to read:

AB150,1367,12 115.85 (2) (c) 2. (intro.) The state superintendent department shall approve a placement in a public special education program located in another state if he or she the department determines that it the program is appropriate to meet the child's exceptional educational needs and that:

AB150, s. 3902 Section 3902. 115.85 (2m) of the statutes is amended to read:

AB150,1367,21 115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and social services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under ss. s. 48.48 (4) and, 48.553 (3) or 48.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

AB150, s. 3903 Section 3903. 115.88 (1) (am) of the statutes is renumbered 115.88 (1) and amended to read:

AB150,1368,10 115.88 (1) Program aid. If, upon receipt of the report under s. 115.84, the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency and school district maintaining such special education program a sum equal to 63% of the amount expended by the county, agency and school district during the preceding year for salaries of personnel enumerated in s. 115.83 (1), including the salary portion of any authorized contract for physical or occupational therapy services, except as provided in par. (b), and other expenses approved by the state superintendent. The department of administration shall pay such amounts to the county, agency and school district as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB150, s. 3904 Section 3904. 115.88 (1) (b) of the statutes is repealed.

AB150, s. 3905 Section 3905. 115.88 (2) of the statutes is amended to read:

AB150,1369,3 115.88 (2) Transportation aid. If upon receipt of the report under s. 115.84 the state superintendent is satisfied that the transportation of children with exceptional educational needs has been maintained during the preceding year in accordance with the law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency or school district transporting such pupils 63% of an amount equal to the amount expended for such transportation as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b) and (u). Pupils for whom aid is paid under this subsection shall not be eligible for aid under s. 121.58 (2) or (4). The department of administration shall pay such amounts to the county, agency or school district from the appropriations under s. 20.255 (2) (b) and (u). This subsection applies to any child with exceptional educational needs who requires special assistance in transportation, including any such child attending regular classes who requires special or additional transportation. This subsection does not apply to any child with exceptional educational needs attending regular or special classes who does not require any special or additional transportation.

AB150, s. 3906 Section 3906. 115.882 of the statutes is repealed and recreated to read:

AB150,1369,8 115.882 Payment of state aid. Costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b) and (u) under ss. 115.88 (1) and (2), 115.93 and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for such costs, not to exceed 100%.

AB150, s. 3907 Section 3907. 115.89 of the statutes is amended to read:

AB150,1369,16 115.89 Noncomplying school district; remedies. (1) If, after a public hearing in the school district or as the result of a monitoring procedure or a complaint investigation, the state superintendent department finds that a school board has violated this subchapter or the rules promulgated under this subchapter, he or she the department may make recommendations to the school board to remedy the violation and may require the school board to submit a remedial plan incorporating such recommendations.

AB150,1369,22 (3) If, after consultation with the school board, the state superintendent department finds that the remedial plan has not incorporated his or her the department's recommendations, or that its implementation has been inadequate to ensure compliance with this subchapter and the rules promulgated under this subchapter, he or she the department shall request the attorney general to proceed against the school district for injunctive or other appropriate relief.