AB150: Bill Text

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.

AB150, s. 3908 Section 3908. 115.90 of the statutes is created to read:

AB150,1370,2 115.90 Transfer of functions. Notwithstanding ss. 115.88 (1) to (4), (6) and (8) and 115.882, 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. 3909 Section 3909. 115.93 (1) of the statutes is amended to read:

AB150,1370,14 115.93 (1) Except as provided under sub. (2), if If upon receipt of the reports under s. 115.92 (2) the state superintendent department is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), he or she the department shall certify to the department of administration in favor of each school district maintaining the program a sum equal to 63% of the amount expended by the school district during the preceding school year for salaries of teachers and instructional aids aides, special transportation, costs of contracts under s. 120.13 (26) and other expenses approved by the state superintendent. The department of administration shall pay such amounts to the school district department as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB150, s. 3910 Section 3910. 115.93 (2) of the statutes is repealed.

AB150, s. 3911 Section 3911. 115.93 (3) of the statutes is created to read:

AB150,1370,19 115.93 (3) Notwithstanding sub. (1), 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. 3912 Section 3912. 115.995 of the statutes is renumbered 115.995 (1).

AB150, s. 3913 Section 3913. 115.995 (2) of the statutes is created to read:

AB150,1371,2 115.995 (2) Notwithstanding sub. (1), beginning in the 1996-97 school year the department shall certify to the department of revenue and the percentage shall be determined by dividing the amount in the appropriation under s. 20.835 (7) (cc) in the current school year by the total amount of aidable costs in the previous school year.

AB150, s. 3914 Section 3914. 116.01 of the statutes is amended to read:

AB150,1371,15 116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for a service unit between the school district and the state superintendent. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts and, between school districts and the state, and between school districts and technical college districts. Cooperative educational service agencies may provide leadership and coordination services for school districts and other agencies, including but not limited to such programs as curriculum development assistance, school district management development, coordination of vocational education and exceptional education, research, special student classes, human growth and development, data collection, processing and dissemination and in-service programs.

AB150, s. 3915 Section 3915. 116.02 (1) (a) and (c) of the statutes are amended to read:

AB150,1372,14 116.02 (1) (a) Each agency shall be governed by a board of control composed of members of school boards of school districts within the agency, one member of the district board of each technical college district that is located in the agency and a representative of each University of Wisconsin System institution and center that is located in the agency. There shall be no more than one member from the same school board. There shall be no more than one member from the territory comprising a union high school district and its underlying elementary school districts. Annually on or after the 4th Monday in April, the school board of each school district in the agency shall appoint one of its members as its representative for the purpose of determining selecting the composition school board members of the board of control. For the purpose of determining membership on the board of control, a school district operating elementary grades only and lying in more than one union high school district shall be considered part of the union high school district territory in which the major portion of its equalized valuation lies. The board of control shall hold an annual organizational meeting on the 2nd Monday in August, unless, at the direction of the convention under par. (c), the board of control at the annual organizational meeting in any year determines to thereafter hold the annual organizational meeting on an earlier date. No annual organizational meeting may be held prior to the 2nd Monday in May. If the board of control at the annual organizational meeting determines to thereafter hold the annual organizational meeting prior to the 2nd Monday in August, it shall within 30 days of that decision give notice in writing of the decision to the clerk of each school district within the agency and the state superintendent.

AB150,1373,7 (c) The state superintendent shall cause to convene annually on the day that the board of control holds its annual organizational meeting under par. (a) a convention composed of the representative from each school board in the agency. The secretary to the board of control of the agency shall act as nonvoting secretary to the convention. In the secretary's absence the convention shall appoint an acting secretary from among the representatives to the convention. Upon the convening of the convention the representatives from all school boards within each union high school district territory, meeting separately, shall elect a single representative to represent the territory in the election of members of the board of control. After the meeting for election of a single representative from each union high school district territory, the convention shall elect the school board members of the board of control, not to exceed 11 in number, in accordance with the plan of representation for the agency adopted under par. (d). The school board members of the board of control shall be elected for staggered 3-year terms and shall be chosen from among the representatives elected to represent each union high school district territory and the representatives appointed by the school boards of school districts operating both elementary and high school grades. The convention may direct the board of control to determine a different date for the annual organizational meeting.

AB150, s. 3916 Section 3916. 116.02 (1) (cm) of the statutes is created to read:

AB150,1373,11 116.02 (1) (cm) 1. The district board of each technical college district that is located in the agency shall appoint one of its members to the board of control for a 3-year term whenever a vacancy in that position on the board of control occurs.

AB150,1373,15 2. The chancellor of each University of Wisconsin System institution located in the agency shall appoint one member to represent that institution on the board of control for a 3-year term whenever a vacancy in that position on the board of control occurs.

AB150,1373,19 3. For each University of Wisconsin System center located in the agency, the chancellor of the centers shall appoint a member to represent that center on the board of control for a 3-year term whenever a vacancy in that position on the board of control occurs.

AB150, s. 3917 Section 3917. 116.03 (3) of the statutes is amended to read:

AB150,1374,9 116.03 (3) Approve service contracts with school districts, counties, other cooperative educational service agencies, school districts outside the agency, university of Wisconsin system institutions and centers and , technical college districts and other public and private entities, but the contracts shall not extend beyond 3 years. If the service covered by the contract is offered by the agency within which the recipient of service is located the contract shall be subject to approval by the board of control of the agency. If the contract is for instructional telecommunications services, the board of control shall report to the educational communications board the terms and conditions of the contract. The board of control of an agency which borders another state may contract to provide services to an educational agency in the other state, but no aid received under s. 116.08 may be used to provide such services. No board of control may use federal funds for any program which provides services outside this state without the approval of the state superintendent.

AB150, s. 3918 Section 3918. 116.03 (4) of the statutes is amended to read:

AB150,1374,18 116.03 (4) Determine each participating local unit's school district's prorated share of the cost of cooperative programs and assess the costs of each program against each unit school district participating in the program including, without limitation because of enumeration, unemployment compensation, litigation expense, collective bargaining and monetary awards by courts and agencies, but no board of control may levy any taxes. No cost may be assessed against a unit school district for a cooperative program unless the unit school district enters into a contract for the service.

AB150, s. 3919 Section 3919. 116.03 (10) of the statutes is amended to read:

AB150,1374,24 116.03 (10) Authorize the expenditure of money for the purposes set forth in this chapter and for the actual and necessary expenses of the board of control and agency administrator and for the acquisition of equipment, space and personnel. All accounts of the agency shall be paid by check, share draft or other draft signed by the chairperson and secretary to the board of control.

AB150, s. 3920 Section 3920. 116.03 (11) of the statutes is amended to read:

AB150,1375,5 116.03 (11) Establish the salaries of the agency administrator and other professional and nonprofessional employes. State reimbursement for the cost of the salary of the agency administrator shall be equal to the actual salary paid or the maximum of the salary range for public instruction supervisors under the state superintendent in the department, whichever is less.

AB150, s. 3921 Section 3921. 116.03 (13) of the statutes is amended to read:

AB150,1375,9 116.03 (13) Every 3rd year, as scheduled by the state superintendent department, submit to the state superintendent department for his or her its approval an evaluation of agency programs and services.

AB150, s. 3922 Section 3922. 116.06 of the statutes is repealed.

AB150, s. 3923 Section 3923. 116.065 (3) of the statutes is amended to read:

AB150,1375,14 116.065 (3) A school district that has withdrawn from the agency described under sub. (1) may rejoin the join any agency in which it is located. The procedures under subs. (1) and (2) apply to readmissions.

AB150, s. 3924 Section 3924. 116.07 (2) of the statutes is amended to read:

AB150,1375,20 116.07 (2) Upon completion of a plan of consolidation, the affected boards of control shall give 30 days' notice in writing to those school boards and technical college district boards affected of a public hearing on the proposed consolidation. Notice of such hearing also shall be published as a class 2 notice, under ch. 985, the last insertion to be at least 20 days prior to the date of the hearing.

AB150, s. 3925 Section 3925. 116.09 of the statutes is created to read:

AB150,1375,23 116.09 State and federal grants. The board of control may apply for state and federal grants for the agency and on behalf of school districts.

AB150, s. 3926 Section 3926. 117.03 (2) of the statutes is amended to read:

AB150,1376,2 117.03 (2) "Appeal panel" means a panel appointed by the state superintendent secretary under s. 117.05 (1).

AB150, s. 3927 Section 3927. 117.05 (1) of the statutes is amended to read:

AB150,1376,8 117.05 (1) Appeal panels. The state superintendent secretary shall appoint 3 members of the board to hear appeals filed under ss. 117.12 (4) and 117.13 (3). No 2 members of the appeal panel may be board members from any of the following kinds of school districts: those with small enrollments, those with medium enrollments or those with large enrollments.

AB150, s. 3928 Section 3928. 117.05 (1m) of the statutes is amended to read:

AB150,1376,13 117.05 (1m) Board and appeal panel meetings. The state superintendent secretary shall set the time and place for meetings of the board under ss. 117.10, 117.12 (5) and 117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.

AB150, s. 3929 Section 3929. 117.05 (2) (a) of the statutes is amended to read:

AB150,1376,22 117.05 (2) (a) Board. The state superintendent secretary shall appoint 7 members of the board to perform any review under ss. 117.10, 117.12 (5) and 117.132. The 7 members shall include the state superintendent secretary or his or her designee on the board, 2 board members from school districts with small enrollments, 2 board members from school districts with medium enrollments and 2 board members from school districts with large enrollments. Any action of the board under this chapter requires the affirmative vote of at least 4 of the 7 members appointed under this paragraph.

AB150, s. 3930 Section 3930. 117.05 (10) of the statutes is amended to read:

AB150,1377,3 117.05 (10) (title) State superintendent Secretary to advise. The state superintendent secretary shall advise and consult with school boards regarding school district organization and reorganization. If, in the state superintendent's secretary's opinion, one or more school districts should be altered, consolidated or dissolved, he or she may make recommendations to the school boards.

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.