AB150: Bill Text

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:

AB150,1391,12 118.30 (1) (b) Administer the 10th grade examination annually to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade.

AB150, s. 3973 Section 3973. 118.30 (1) (c) of the statutes is created to read:

AB150,1391,16 118.30 (1) (c) Beginning in the 1996-97 school year, administer the 4th grade examination annually to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.

AB150, s. 3974 Section 3974. 118.30 (2) (b) 3. of the statutes is amended to read:

AB150,1391,24 118.30 (2) (b) 3. Annually, the school board shall notify the parent or guardian of each pupil enrolled in the 8th and 10th grades in the school district who is required to take an examination administered under this section, including pupils enrolled in charter schools located in the school district, that he or she may request the school board to excuse the pupil from taking an the examination administered under this section. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an the examination administered under this section.

AB150, s. 3975 Section 3975. 118.33 (3m) of the statutes is amended to read:

AB150,1392,5 118.33 (3m) A course taken at a technical college by a child attending the school part-time or in lieu of high school under s. 118.15 (1) (b), or attending the school under s. 118.15 (1) (cm), does not fulfill any of the high school graduation requirements under sub. (1) (a) unless the state superintendent has approved the course for that purpose.

AB150, s. 3976 Section 3976. 118.37 (title) of the statutes is renumbered 118.55 (title).

AB150, s. 3977 Section 3977. 118.37 (1) (title) of the statutes is repealed.

AB150, s. 3978 Section 3978. 118.37 (1) of the statutes is renumbered 118.50 (3) and amended to read:

AB150,1392,12 118.50 (3) In this section, "institution "Institution of higher education" means a center or institution within the university of Wisconsin system, a technical college or a private, nonprofit institution of higher education located in this state.

AB150, s. 3979 Section 3979. 118.37 (2) to (8) of the statutes are renumbered 118.55 (2) to (8), and 118.55 (3) (b), (3m) (b) and (7g), as renumbered, are amended to read:

AB150,1393,4 118.55 (3) (b) If the pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 and the number of high school credits to award the pupil for the course, if any. The state superintendent department shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the end of the semester in which it received the notice under par. (a). If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the state superintendent department within 30 days after the decision. The state superintendent's department's decision shall be final and is not subject to review under subch. III of ch. 227.

AB150,1393,7 (3m) (b) The state superintendent department may waive the requirement under par. (a) if he or she the department determines that the requirement would impose too great a cost because of the lack of equipment or space.

AB150,1393,18 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education under this section and is taking a course for high school credit that is not comparable to a course offered in the school district may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The state superintendent shall give preference under this subsection to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB150, s. 3980 Section 3980. 118.37 (9) of the statutes is repealed.

AB150, s. 3981 Section 3981. 118.38 of the statutes is created to read:

AB150,1393,25 118.38 Waivers of laws and rules. (1) (a) A school board may request the department to waive any school board or school district requirement in chs. 115 to 121 or in the administrative rules promulgated by the department under the authority of those chapters, except for statutes or rules related to any of the following:

AB150,1394,1 1. The health or safety of pupils.

AB150,1394,2 2. Pupil discrimination under s. 118.13.

AB150,1394,4 3. The pupil assessment program under s. 118.30 and the standardized reading test required under s. 121.02 (1) (r).

AB150,1394,5 4. Pupil records under s. 118.125.

AB150,1394,6 5. The collection of data by the department.

AB150,1394,8 6. The uniform financial fund accounting system under ss. 115.28 (13) and 115.30 (1) and audits of school district accounts under s. 120.14.

AB150,1394,9 7. Licensure or certification under s. 115.28 (7) or (7m).

AB150,1394,11 (b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.

AB150,1394,13 (2) In determining whether to grant the waiver, the department shall consider all of the following:

AB150,1394,15 (a) Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of P.L. 103-227.

AB150,1394,17 (b) Whether the school board has adopted educational goals for the school district.

AB150,1394,21 (3) A waiver is effective for 4 years. The department shall renew the waiver for additional 4-year periods, except that the department is not required to renew a waiver if department determines that the school district is not making adequate progress toward improving pupil academic performance.

AB150, s. 3982 Section 3982. 118.39 of the statutes is created to read:

AB150,1395,2 118.39 Performance recognition plans. (1) A school board may adopt a performance recognition plan that annually allocates at least 2% of its total payroll, excluding the cost of fringe benefits, for performance recognition awards to school district employes. The school board shall determine which categories of school district employes are eligible for such awards.

AB150,1395,4 (2) (a) If a school board adopts a performance recognition plan under this section, it shall establish all of the following committees:

AB150,1395,5 1. A committee to develop employe performance standards.

AB150,1395,8 2. A committee to develop a process to review employe performance, and to review and make recommendations regarding award recipients and the amount of each award.

AB150,1395,11 (b) The committees established under par. (a) shall be composed of an equal number of employes, school administrators, and parents or guardians of pupils enrolled in the school district, and shall be appointed or elected as follows:

AB150,1395,12 1. The school board shall appoint school administrators and parents.

AB150,1395,22 2. The school board shall afford the school district employes the opportunity to participate in an election of employe representatives. The department shall promulgate rules prescribing procedures for conducting such elections. If any portion of the employes is represented by a representative that is recognized or certified under subch. IV of ch. 111 to represent those employes, the school board shall, in lieu of permitting those employes to elect employe representatives, afford the representative the opportunity to appoint employe representatives. Appointed representatives shall be in the same proportion as the number of employes represented by the representative bears to the total number of school district employes.

AB150,1395,23 (3) Annually, the school board shall do all of the following:

AB150,1395,25 (a) Provide a copy of the employe performance standards developed by the committee under sub. (2) (a) 1. to each school district employe.

AB150,1396,4 (b) Notify the parent or guardian of each pupil enrolled in the school district that the school board has adopted a performance recognition plan and encourage parents and guardians to submit comments on employe performance to the school district administrator.

AB150,1396,5 (c) Submit a copy of its performance recognition plan to the department.

AB150,1396,12 (4) After considering comments submitted by parents under sub. (3) (b), the committee established under sub. (2) (a) 2. shall make its recommendations to the principal of each school. The principal shall determine award recipients and the amount of each award, subject to the total amount allocated to the school by the committee. If the principal's decisions differ in any way from the committee's recommendations, the principal shall provide the committee and the school board with a written explanation.

AB150,1396,16 (5) (a) Upon request of any school district employe, the school board shall provide the employe with a private conference with the school board. The principal shall attend the conference and, upon request, shall explain the rationale for the performance recognition decision that affects that employe.

AB150,1396,19 (b) Annually, the school board shall submit to the department a report specifying the number of private conferences requested under par. (a) and summarizing any changes in performance recognition awards made as a result.

AB150,1396,21 (6) The information and materials relating to an individual employe's performance review are not subject to public inspection under s. 19.35 (1).

AB150, s. 3983 Section 3983. 118.40 (1) of the statutes is repealed.

AB150, s. 3984 Section 3984. 118.40 (1m) (b) 7. of the statutes is amended to read:

AB150,1396,25 118.40 (1m) (b) 7. Subject to sub. (7) (a) and ss. 118.19 (1) and 121.02 (1) (a) 2., the qualifications that must be met by the individuals to be employed in the school.

AB150, s. 3985 Section 3985. 118.40 (2) (a) of the statutes is amended to read:

AB150,1397,6 118.40 (2) (a) If a school board has received approval under sub. (1), within Within 30 days after receiving a petition under sub. (1m) the school board shall hold a public hearing on the petition. At the hearing, the school board shall consider the level of employe and parental support for the establishment of the charter school described in the petition. After the hearing, the school board may grant the petition.

AB150, s. 3986 Section 3986. 118.40 (2) (b) (intro.) of the statutes is amended to read:

AB150,1397,10 118.40 (2) (b) (intro.) Subject to sub. (1), a A school board may grant a petition that would result in the conversion of all of the public schools in the school district to charter schools if all of the following apply:

AB150, s. 3987 Section 3987. 118.40 (2m) (a) of the statutes is amended to read:

AB150,1397,15 118.40 (2m) (a) If a school board has received approval under sub. (1), the A school board may on its own initiative contract with an individual or group to operate a school as a charter school. The contract shall include all of the provisions specified under sub. (1m) (b) and may include other provisions agreed to by the parties.

AB150, s. 3988 Section 3988. 118.40 (3) (b) of the statutes is amended to read:

AB150,1397,23 118.40 (3) (b) A contract under par. (a) or under sub. (2m) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid by the school board to the charter school during each school year of the contract. In any school year, the school board may not spend on average more per pupil enrolled in the charter school than the school board spends on average per pupil enrolled in the public schools, excluding charter schools, as determined by the state superintendent.

AB150, s. 3989 Section 3989. 118.40 (3) (c) of the statutes is amended to read:

AB150,1398,3 118.40 (3) (c) A school board may not enter into a contract for the establishment of a charter school located outside the school district or a contract that would result in the conversion of a private school to a charter school.

AB150, s. 3990 Section 3990. 118.40 (3m) of the statutes is repealed.

AB150, s. 3991 Section 3991. 118.40 (4) (a) 2. of the statutes is amended to read:

AB150,1398,9 118.40 (4) (a) 2. Be nonsectarian in its programs, admissions policies, employment practices and all other operations. This subdivision does not apply to any charter school established by the board of school directors in charge of the public schools of a 1st class city.

AB150, s. 3992 Section 3992. 118.40 (7) (title) of the statutes is amended to read:

AB150,1398,11 118.40 (7) (title) Legal status; applicability Applicability of school laws.

AB150, s. 3993 Section 3993. 118.40 (7) (a) of the statutes is repealed.

AB150, s. 3994 Section 3994. 118.40 (7) (b) of the statutes is renumbered 118.40 (7).

AB150, s. 3995 Section 3995. Subchapter II of chapter 118 [precedes 118.50] of the statutes is created to read:

AB150,1398,16 Chapter 118

AB150,1398,18 Subchapter II Enrollment options programs

AB150,1398,19 118.50 Definitions. In this subchapter:

AB150,1398,20 (1) "Attendance area" has the meaning given in s. 121.845 (1).

AB150,1398,21 (4) "Parent" includes a guardian.

AB150,1399,11 118.51 Interdistrict school choice. (1) Applicability; application procedures. (a) Beginning in the 1996-97 school year, a pupil may attend a public school, including a prekindergarten, early childhood or school-operated day care program, outside his or her school district of residence under this section. The pupil's parent shall submit an application, on a form provided by the state superintendent, to the school board of the school district that the pupil wishes to attend by February 1 of the school year immediately preceding the school year in which he or she wishes to attend, and shall send a copy of the application to the school board of the school district of residence. The application may include a request to attend a specific school or program offered by the school district. By April 1 following receipt of the application, the school board shall notify the applicant, in writing, whether the application has been accepted. If the school board rejects an application, it shall include in the notice the reason for the rejection. By May 1 following receipt of a notice of acceptance, the pupil's parent shall notify the school board of the pupil's intent to attend school in the school district in the following school year.

AB150,1399,16 (am) A school board may not act on any application received under par. (a) until after February 1. A school board shall act on applications in the order in which they were received, except that if a school board receives more applications for a particular grade or program than there are spaces available in the grade or program the school board shall determine which pupils to accept on a random basis.

AB150,1399,20 (b) Annually by May 15, each school board of a school district that has accepted nonresident pupils under this section shall notify the school board of the school district of residence of the names of the pupils from the latter school district who will be attending the former school district in the following school year.

AB150,1400,5 (c) 1. If a pupil's parent notifies the school board of a nonresident school district that the pupil intends to attend school in that school district in the following school year under par. (a), the pupil shall attend that school district in the following school year. If at any time the pupil wishes to reattend school in his or her school district of residence, the pupil's parent shall notify the school boards of the school districts of residence and of attendance by February 1 preceding the school year in which the pupil will begin reattending the school district of residence. If at any time the pupil wishes to attend school in a school district other than the school district that he or she is currently attending or his or her school district of residence, the pupil's parent shall follow the application procedure under par. (a).

AB150,1400,8 2. Notwithstanding subd. 1., a pupil attending school outside his or her school district of residence under this section may reattend school in his or her school district of residence at any time if the school boards of both school districts agree.