AB150: Bill Text

AB150, s. 4024 Section 4024. 120.13 (intro.) of the statutes is amended to read:

AB150,1412,21 120.13 School board powers. (intro.) The school board of a common or union high school district may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils, and including all of the following:

AB150, s. 4025 Section 4025. 120.13 (1) (b) of the statutes is amended to read:

AB150,1414,5 120.13 (1) (b) The school district administrator or any principal or teacher designated by the school district administrator also may make rules, with the consent of the school board, and may suspend a pupil for not more than 3 school days or, if a notice of expulsion hearing has been sent under par. (c) or (e) or s. 119.25, for not more than a total of 15 consecutive school days for noncompliance with such rules or school board rules, or for knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or for conduct by the pupil while at school or while under the supervision of a school authority which endangers the property, health or safety of others, or for conduct while not at school or while not under the supervision of a school authority which endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled, or for conduct while going to or coming from school that endangers the property, health or safety of others. Prior to any suspension, the pupil shall be advised of the reason for the proposed suspension. The pupil may be suspended if it is determined that the pupil is guilty of noncompliance with such rule, or of the conduct charged, and that the pupil's suspension is reasonably justified. The parent or guardian of a suspended minor pupil shall be given prompt notice of the suspension and the reason for the suspension. The suspended pupil or the pupil's parent or guardian may, within 5 school days following the commencement of the suspension, have a conference with the school district administrator or his or her designee who shall be someone other than a principal, administrator or teacher in the suspended pupil's school. If the school district administrator or his or her designee finds that the pupil was suspended unfairly or unjustly, or that the suspension was inappropriate, given the nature of the alleged offense, or that the pupil suffered undue consequences or penalties as a result of the suspension, reference to the suspension on the pupil's school record shall be expunged. Such finding shall be made within 15 days of the conference. A pupil suspended under this paragraph shall not be denied the opportunity to take any quarterly, semester or grading period examinations or to complete course work missed during the suspension period, as provided in the attendance policy established under s. 118.16 (4) (a).

AB150, s. 4026 Section 4026. 120.13 (1) (c) of the statutes is amended to read:

AB150,1415,14 120.13 (1) (c) The school board may expel a pupil from school whenever it finds the pupil guilty of repeated refusal or neglect to obey the rules, or finds that a pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or finds that the pupil engaged in conduct while at school or while under the supervision of a school authority which endangered the property, health or safety of others, or finds that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which endangered the property, health or safety of others at school or under the supervision of a school authority or endangered the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled, or finds that a pupil while going to or coming from school engaged in conduct that endangered the property, health or safety of others, and is satisfied that the interest of the school demands the pupil's expulsion. Prior to such expulsion, the school board shall hold a hearing. Not less than 5 days' written notice of the hearing shall be sent to the pupil and, if the pupil is a minor, to the pupil's parent or guardian, specifying the particulars of the alleged refusal, neglect or conduct, stating the time and place of the hearing and stating that the hearing may result in the pupil's expulsion. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian may be represented at the hearing by counsel. The school board shall keep written minutes of the hearing. Upon the ordering by the school board of the expulsion of a pupil, the school district clerk shall mail a copy of the order to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the expulsion to the state superintendent. If the school board's decision is appealed to the state superintendent, within 60 days after the date on which the state superintendent receives the appeal, the state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the school board shall be enforced while the state superintendent reviews the decision. An appeal from the decision of the state superintendent may be taken within 30 days to the circuit court of the county in which the school is located. This paragraph shall be printed in full on the face or back of the notice.

AB150, s. 4027 Section 4027. 120.13 (26) of the statutes is repealed and recreated to read:

AB150,1415,23 120.13 (26) Contracts for teaching and other educational services. Contract in writing with any person for teaching or other educational services if the individual who will be providing the services is appropriately licensed by the state superintendent under s. 115.28 (7) and the person entering into the contract files a copy of the individual's license with the school board. The contract may be for any term not exceeding 3 years. Except as provided in s. 118.25 (1), an individual who provides services under such a contract is not a school district employe for any purpose, including the purposes of ss. 118.21, 118.22 and 118.23.

AB150, s. 4028 Section 4028. 120.13 (36) of the statutes is created to read:

AB150,1416,4 120.13 (36) Distance education. Undertake a distance education project, either individually or in association with one or more school boards, technical college district boards and University of Wisconsin System institutions or centers. In this subsection, "distance education" has the meaning given in s. 16.97 (4m).

AB150, s. 4029 Section 4029. 120.17 (8) (bm) of the statutes is amended to read:

AB150,1416,15 120.17 (8) (bm) If the equalized valuation of that part of a municipality lying within a school district is reduced due to the removal of property from the tax roll because the imposition of the property tax on that property is found unconstitutional, the school district clerk shall notify the supervisor of equalization. The supervisor of equalization shall reduce the equalized valuation by the full value of the property so removed and certify the resulting equalized valuation to the state superintendent department and the school district clerk for use in computing the tax levy certifications under this subsection. Corrections may be made under this paragraph only for the valuations used by the department of public instruction for the last 2 school years.

AB150, s. 4030 Section 4030. 120.18 (2) of the statutes is created to read:

AB150,1416,18 120.18 (2) Beginning in the 1996-97 school year, the school district clerk shall also file the report under sub. (1) with the department of revenue.

AB150, s. 4031 Section 4031. 121.006 (1) (a) of the statutes is amended to read:

AB150,1416,23 121.006 (1) (a) The state superintendent department may withhold state aid from any school district in which the scope and character of the work are not maintained in such manner as to meet the state superintendent's department's approval.

AB150, s. 4032 Section 4032. 121.006 (1) (c) of the statutes is created to read:

AB150,1417,3 121.006 (1) (c) Notwithstanding par. (a), beginning in the 1996-97 school year, the department may direct the department of revenue to withhold state aid under par. (a).

AB150, s. 4033 Section 4033. 121.006 (2) (b) of the statutes is amended to read:

AB150,1417,6 121.006 (2) (b) Employ or contract under s. 120.13 (26) for teachers qualified under s. 118.19.

AB150, s. 4034 Section 4034. 121.007 of the statutes is amended to read:

AB150,1417,14 121.007 Use of state aid; exemption from execution. All moneys paid to a school district under s. ss. 20.255 (2) (ac), (bc), (bm), (cg) and (cr) and 20.835 (7) (ac), (cg) and (cr) shall be used by the school district solely for the purposes for which paid. Such moneys are exempt from execution, attachment, garnishment or other process in favor of creditors, except as to claims for salaries or wages of teachers and other school employes and as to claims for school materials, supplies, fuel and current repairs.

AB150, s. 4035 Section 4035. 121.02 (1) (i) of the statutes is amended to read:

AB150,1417,20 121.02 (1) (i) Provide safe and healthful facilities. The school board shall ensure that facilities, school-related events and school-related transportation are provided in a manner that is completely safe for both pupils and adults. The facilities shall comply with ss. 254.11 to 254.178 and any rule promulgated under those sections.

AB150, s. 4036 Section 4036. 121.02 (1) (m) of the statutes is amended to read:

AB150,1418,3 121.02 (1) (m) Provide access to an education for employment program approved by the state superintendent. Beginning in the 1997-98 school year, the program shall incorporate applied curricula; guidance and counseling services under par. (e); technical preparation under s. 118.34; college preparation; youth apprenticeship under s. 101.265 106.13 or other job training and work experience; and instruction in skills relating to employment. The state superintendent shall assist school boards in complying with this paragraph.

****Note: This is reconciled s. 121.02 (1) (m). This Section has been affected by drafts with the following LRB numbers: 2243/2 and 2298/5.

AB150, s. 4037 Section 4037. 121.02 (1) (s) of the statutes is amended to read:

AB150,1418,8 121.02 (1) (s) Beginning in the 1993-94 school year, administer the examinations required by the state superintendent under s. 118.30. A school board may administer additional examinations only if they are aligned with the school district's curriculum.

AB150, s. 4038 Section 4038. 121.02 (2) of the statutes is amended to read:

AB150,1418,19 121.02 (2) In order to ensure compliance with the standards under sub. (1), the state superintendent department shall annually conduct a general on-site audit of at least 10% of all school districts, selected by means of a stratified, random sample. The state superintendent shall audit each school district at least once every 10 years but may not audit a school district more than once every 6 years. The state superintendent shall ensure that the audit process involves school board members, school district administrators, teachers, pupils, parents of pupils and other residents of the school district. Nothing in this subsection prohibits the state superintendent from conducting an inquiry into compliance with the standards upon receipt of a complaint and may, on its own initiative, conduct an audit of a school district.

AB150, s. 4039 Section 4039. 121.02 (3) of the statutes is renumbered 121.02 (3) (a).

AB150, s. 4040 Section 4040. 121.02 (3) (b) of the statutes is created to read:

AB150,1419,3 121.02 (3) (b) Notwithstanding par. (a), beginning in the 1996-97 school year, the department shall direct the department of revenue to withhold state aid under par. (a).

AB150, s. 4041 Section 4041. 121.05 (1) (a) 5. of the statutes is amended to read:

AB150,1419,6 121.05 (1) (a) 5. Pupils attending an institution of higher education under s. 118.37 118.55.

AB150, s. 4042 Section 4042. 121.05 (1) (a) 10. of the statutes is created to read:

AB150,1419,9 121.05 (1) (a) 10. Pupils attending a private school or agency under contract with the board under s. 119.235.

AB150, s. 4043 Section 4043. 121.05 (1) (a) 11. of the statutes is created to read:

AB150,1419,12 121.05 (1) (a) 11. Pupils taught by persons under contract with the school board under s. 120.13 (26).

AB150, s. 4044 Section 4044. 121.06 (1) of the statutes is amended to read:

AB150,1419,18 121.06 (1) Annually on or before October 1, the full value of the taxable property in each part of each city, village and town in each school district shall be determined by the department of revenue according to its best judgment from all sources of information available to it and shall be certified by the department of revenue to the state superintendent department.

AB150, s. 4045 Section 4045. 121.06 (2) of the statutes is renumbered 121.06 (2) (a).

AB150, s. 4046 Section 4046. 121.06 (2) (b) of the statutes is created to read:

AB150,1419,22 121.06 (2) (b) Beginning in the 1996-97 school year, the department of revenue shall perform the duty under par. (a).

AB150, s. 4047 Section 4047. 121.07 (1) (c) of the statutes is renumbered 121.07 (1) (c) 1.

AB150, s. 4048 Section 4048. 121.07 (1) (c) 2. of the statutes is created to read:

AB150,1420,2 121.07 (1) (c) 2. Beginning in the 1996-97 school year, the department of revenue shall perform the calculations under subd. 1.

AB150, s. 4049 Section 4049. 121.07 (6) (b) of the statutes is repealed and recreated to read:

AB150,1420,4 121.07 (6) (b) The "primary ceiling cost per member" is $1,000.

AB150, s. 4050 Section 4050. 121.07 (6) (c) of the statutes is amended to read:

AB150,1420,8 121.07 (6) (c) The "primary shared cost" is that portion of a district's shared cost which is less than or equal to the primary ceiling cost per member multiplied by its membership.

AB150, s. 4051 Section 4051. 121.07 (6) (d) of the statutes is repealed and recreated to read:

AB150,1420,13 121.07 (6) (d) 1. The "secondary ceiling cost per member" in the 1996-97 school year is an amount determined by multiplying the primary ceiling cost per member in the 1995-96 school year by 1.0 plus the rate certified under s. 73.03 (46) expressed as a decimal.

AB150,1420,17 2. The "secondary ceiling cost per member" in the 1997-98 school year and in each school year thereafter is an amount determined by multiplying the secondary ceiling cost per member in the previous school year by 1.0 plus the rate certified under s. 73.03 (46) expressed as a decimal.

AB150, s. 4052 Section 4052. 121.07 (6) (dg) of the statutes is created to read:

AB150,1420,22 121.07 (6) (dg) The "secondary shared cost" is that portion of a school district's shared cost which is greater than the primary ceiling cost per member multiplied by its membership and less than or equal to the secondary ceiling cost per member multiplied by its membership.

AB150, s. 4053 Section 4053. 121.07 (6) (dr) of the statutes is created to read:

AB150,1421,3 121.07 (6) (dr) The "tertiary shared cost" is that portion of a school district's shared cost which is greater than the secondary ceiling cost per member multiplied by its membership.

AB150, s. 4054 Section 4054. 121.07 (6) (e) of the statutes is amended to read:

AB150,1421,8 121.07 (6) (e) For a school district created by a consolidation under s. 117.08 or 117.09, in the school year in which the consolidation takes effect and in each of the subsequent 4 school years, the amounts under par. pars. (b) and (d) shall be multiplied by 1.1 and rounded to the next lowest dollar.

AB150, s. 4055 Section 4055. 121.07 (7) (a) of the statutes is amended to read:

AB150,1421,16 121.07 (7) (a) The "primary guaranteed valuation per member" is an amount, rounded to the next lowest dollar, that, after subtraction of payments under ss. 121.09, 121.10, 121.105 and 121.85 (6) (b) 2. and 3. to 4. and (c), fully distributes the sum of the amount remaining in the appropriation appropriations under s. ss. 20.255 (2) (ac) and 20.835 (7) (ac) for payments under ss. 121.08 and 121.85 (6) (a), (am) and (g) and the amount remaining in the appropriation under s. 20.255 (2) (bm) for payments under s. 121.08 as a result of the aid reductions under s. 121.10 (6).

AB150, s. 4056 Section 4056. 121.07 (7) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1421,19 121.07 (7) (a) The "primary guaranteed valuation per member" is $2,000,000.

AB150, s. 4057 Section 4057. 121.07 (7) (b) of the statutes is repealed and recreated to read:

AB150,1421,25 121.07 (7) (b) The "secondary guaranteed valuation per member" is an amount, rounded to the next lower dollar, that, after subtraction of payments under ss. 121.09, 121.10, 121.105 and 121.85 (6) (b) 2. and 3. and (c), fully distributes the amount remaining in the appropriation under s. 20.255 (2) (ac) for payments under ss. 121.08 and 121.85 (6) (a) and (g).

AB150, s. 4058 Section 4058. 121.07 (7) (bm) of the statutes is created to read:

AB150,1422,4 121.07 (7) (bm) The "tertiary guaranteed valuation per member" is the amount rounded to the next lower dollar determined by dividing the equalized valuation of the state by the state total membership.

AB150, s. 4059 Section 4059. 121.07 (7) (c) of the statutes is amended to read:

AB150,1422,8 121.07 (7) (c) For districts operating only high school grades, the amounts in pars. (a) and (b) to (bm) shall be multiplied by 3 and rounded to the next lowest lower dollar.

AB150, s. 4060 Section 4060. 121.07 (7) (d) of the statutes is amended to read:

AB150,1422,12 121.07 (7) (d) For districts operating only elementary grades, the amounts in pars. (a) and (b) to (bm) shall be multiplied by 1.5 and rounded to the next lowest lower dollar.

AB150, s. 4061 Section 4061. 121.07 (7) (e) of the statutes is amended to read:

AB150,1422,17 121.07 (7) (e) For a school district created by a consolidation under s. 117.08 or 117.09, in the school year in which the consolidation takes effect and in each of the subsequent 4 school years, the amounts under pars. (a) and (b) to (bm) shall be multiplied by 1.1 and rounded to the next lowest lower dollar.

AB150, s. 4062 Section 4062. 121.07 (8) of the statutes is amended to read:

AB150,1422,21 121.07 (8) Guaranteed valuation. A school district's primary and, secondary and tertiary guaranteed valuations are determined by multiplying the amounts in sub. (7) by the district's membership.

AB150, s. 4063 Section 4063. 121.07 (10) (a) of the statutes is amended to read:

AB150,1422,24 121.07 (10) (a) The "required levy rate" is the sum of the rates derived in pars. (b) and (c) to (d).

AB150, s. 4064 Section 4064. 121.07 (10) (d) of the statutes is created to read:

AB150,1423,2 121.07 (10) (d) The "tertiary required levy rate" is the tertiary shared cost divided by the tertiary guaranteed valuation.

AB150, s. 4065 Section 4065. 121.08 (1) of the statutes is renumbered 121.08 (1) (intro.) and amended to read:

AB150,1423,6 121.08 (1) (intro.) The state shall pay to the school district a the sum equal to of the following amounts:

AB150,1423,9 (a) The amount by which the primary guaranteed valuation exceeds the school district equalized valuation, multiplied by the primary required levy rate and a sum equal to the.

AB150,1423,11 (b) The amount by which the secondary guaranteed valuation exceeds the school district equalized valuation multiplied by the secondary required levy rate.

AB150, s. 4066 Section 4066. 121.08 (1) (c) of the statutes is created to read:

AB150,1423,14 121.08 (1) (c) The amount by which the tertiary guaranteed valuation exceeds the school district equalized valuation multiplied by the tertiary required levy rate.

AB150, s. 4067 Section 4067. 121.08 (2) of the statutes is amended to read: