AB347: Bill Text

1995 - 1996 LEGISLATURE

1995 Assembly BILL 347

April 28, 1995 - Introduced by Representatives Duff and Coleman, cosponsored by Senators Petak and Panzer, by request of Governor Tommy G. Thompson. Referred to Committee on Education.

AB347,1,8 An Act to repeal 118.37 (1) (title) and 118.37 (9); to renumber 118.37 (title); to renumber and amend 118.37 (1), 118.37 (2) to (8) and 121.78 (1); to amend 20.255 (2) (cw), 38.04 (11) (a) 2., 38.22 (1) (intro.), 38.28 (1m) (a) 1., 115.28 (38), 119.04 (1), 119.24, 120.12 (17), 121.05 (1) (a) 5., 121.58 (2) (a), 121.58 (4), 121.77 (1), 121.81 (2) (a) and 121.84 (1) (a); and to create subchapter I (title) of chapter 118 [precedes 118.01], subchapter II of chapter 118 [precedes 118.50], 121.54 (10) and 121.78 (1g) of the statutes; relating to: establishing interdistrict school choice and interdistrict and intradistrict enrollment options programs.

Analysis by the Legislative Reference Bureau

Under current law, a school district may admit a pupil who resides in another school district if the pupil's parents pay tuition. In addition, a pupil may attend a public school located outside his or her school district of residence if the 2 school boards agree, the state superintendent of public instruction approves and the school district of residence pays tuition.

This bill creates an interdistrict school choice program. Beginning in the 1996-97 school year, the bill provides that a pupil may attend any public school located outside his or her school district of residence if the pupil's parent complies with certain application dates and procedures, and requires the school district of residence to pay tuition or an amount agreed to between the 2 school districts. The school district of residence continues to count the pupil in enrollment for state aid purposes.

The school board of attendance may reject an application only if there is no space available in the school or program or the pupil is involved in a disciplinary proceeding. The school board must reject an application, however, if acceptance would violate a plan to reduce racial imbalance in the school district or would be harmful to the efforts of the school board to achieve racial balance in the school district. Similarly, a school district may prohibit a resident pupil from attending school in another school district if the pupil is involved in a disciplinary proceeding. A school district must prohibit a resident pupil from attending school in another school district if allowing such attendance would violate a plan to reduce racial imbalance in the school district or would be harmful to the efforts of the school board to achieve racial balance in the school district.

The parent of a pupil whose application is rejected or who is prohibited from attending school in another school district by the school district of residence may appeal the decision to the state superintendent, whose decision is final.

The bill provides that the parents of a pupil who attends a school in another school district are responsible for transporting the pupil. However, if either school district provides transportation, it is eligible for state transportation aid.

Beginning in the 1996-97 school year, this bill allows a pupil enrolled in a public school to attend a public school in another school district to take one or more courses under certain circumstances. The pupil must continue to attend school in his or her school district of residence for at least one course; the school board of the other school district must determine that there is space available; the school board of the resident school district must not offer, or have space available in, a comparable course; if the course is offered in the high school grades, the school board of the resident school district must determine that the course satisfies high school graduation requirements; and the pupil must meet all of the prerequisites for the course.

Acceptance and rejection criteria and procedures for the interdistrict enrollment options program are identical to the acceptance and rejection criteria and procedures for the interdistrict school choice program.

The school board of the school district of residence must pay to the school board of the other school district an amount equal to the cost of providing a course to a nonresident pupil under the program, as determined by the state superintendent.

Beginning in the 1996-97 school year, this bill allows a pupil enrolled in a public school to attend a public school located within the pupil's school district of residence but outside the pupil's attendance area under certain circumstances. The school board must determine that there is space available and the pupil must meet all of the prerequisites for the course.

The bill provides that the school board may not reject an application to attend a school in a different attendance area based on the pupil's academic achievement. In addition, the provision described above regarding acceptance or rejection based on the effect on the school district's plans to reduce racial imbalance applies to the intradistrict enrollment options program.

The bill allows a school board that is participating in a special transfer program to reduce racial imbalance (commonly known as chapter 220) or in a merged attendance area program to reduce racial imbalance to modify the application deadlines established in this bill if the deadlines would conflict with chapter 220 or merged attendance area program procedures.

In addition, the parent of a pupil who resides in a school district participating in one of the integration programs must submit the application to attend another school district to the school board of the school district of residence for approval.

The bill also authorizes the state superintendent to modify any provision contained in the interdistrict and intradistrict programs if he or she agrees with the school board that the provision is harmful to the integration program or to the school district's efforts to achieve racial balance.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB347, s. 1 Section 1. 20.255 (2) (cw) of the statutes is amended to read:

AB347,3,4 20.255 (2) (cw) Aid for transportation to institutions of higher education. The amounts in the schedule for the payment of state aid for the transportation of pupils attending an institution of higher education under s. 118.37 118.55 (7g).

AB347, s. 2 Section 2. 38.04 (11) (a) 2. of the statutes is amended to read:

AB347,3,13 38.04 (11) (a) 2. In consultation with the state superintendent of public instruction, the board shall establish, by rule, a uniform format for district boards to use in reporting the number of pupils attending district schools under ss. 118.15 (1) (b), (cm) and (d) and 118.37 118.55 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in the district's associate degree program and for vocational, technical and adult education college credit. The format shall be identical to the format established by the state superintendent under s. 115.28 (38).

AB347, s. 3 Section 3. 38.22 (1) (intro.) of the statutes is amended to read:

AB347,3,17 38.22 (1) (intro.) Except as provided in subs. (1m) and (1s) and s. 118.37 118.55, every person who is at least the age specified in s. 118.15 (1) (b) is eligible to attend the schools of a district if the person is:

AB347, s. 4 Section 4. 38.28 (1m) (a) 1. of the statutes is amended to read:

AB347,4,10 38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under subs. (6) and (7) and ss. 38.12 (9), 38.14 (3) and (9), 46.32, 118.15 (2) (a), 118.37 118.55 and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8) and (20), 38.14 (11), 38.26, 38.27 and 38.38, all fees collected under s. 38.24 and driver education and chauffeur training aids.

AB347, s. 5 Section 5. 115.28 (38) of the statutes is amended to read:

AB347,4,22 115.28 (38) (title) Reporting of pupils attending vocational schools technical colleges. In consultation with the technical college system board of vocational, technical and adult education, promulgate rules establishing a uniform format for school boards to use in reporting the number of pupils attending vocational, technical and adult education college districts under ss. 118.15 (1) (b), (cm) and (d) and 118.37 118.55 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in a vocational, technical and adult education college district's associate degree program and for vocational, technical and adult education college credit. The format shall be identical to the format established by the technical college system board of vocational, technical and adult education under s. 38.04 (11) (a) 2.

AB347, s. 6 Section 6. Subchapter I (title) of chapter 118 [precedes 118.01] of the statutes is created to read:

AB347,4,25 Chapter 118

AB347,5,2 Subchapter I General school operations

AB347, s. 7 Section 7. 118.37 (title) of the statutes is renumbered 118.55 (title).

AB347, s. 8 Section 8. 118.37 (1) (title) of the statutes is repealed.

AB347, s. 9 Section 9. 118.37 (1) of the statutes is renumbered 118.50 (3) and amended to read:

AB347,5,9 118.50 (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.

AB347, s. 10 Section 10. 118.37 (2) to (8) of the statutes are renumbered 118.55 (2) to (8), and 118.55 (7g), as renumbered, is amended to read:

AB347,5,22 118.55 (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).

AB347, s. 11 Section 11. 118.37 (9) of the statutes is repealed.

AB347, s. 12 Section 12. Subchapter II of chapter 118 [precedes 118.50] of the statutes is created to read:

AB347,6,1 Chapter 118

AB347,6,3 Subchapter II Enrollment options programs

AB347,6,4 118.50 Definitions. In this subchapter:

AB347,6,5 (1) "Attendance area" has the meaning given in s. 121.845 (1).

AB347,6,6 (4) "Parent" includes a guardian.

AB347,6,21 118.51 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.

AB347,7,2 (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.

AB347,7,6 (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.

AB347,7,16 (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).

AB347,7,19 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.

AB347,7,23 (2) Acceptance criteria. (a) By December 1, 1995, each school board shall adopt a resolution specifying criteria for accepting and rejecting applications. If the school board wishes to revise the criteria, it shall do so by resolution. The criteria may include any of the following:

AB347,8,3 1. The availability of space in the school, program, class or grade. The school board may give preference in attendance at a school, program, class or grade to residents of the school district who live outside the school's attendance area.

AB347,8,5 2. Whether the pupil is involved in a disciplinary proceeding, as determined by the school board of the school district to which the pupil has applied.

AB347,8,9 (am) The criteria may not include academic achievement, athletic or other special ability, English language proficiency, the presence of a physical, mental, emotional or learning disability, previous disciplinary proceedings or anything else not specified in par. (a) 1. and 2., except as provided under par. (b).

AB347,8,13 (b) 1. A school board shall reject an application if acceptance would violate a court-ordered plan, or a plan established under s. 121.85 (4), to reduce racial imbalance in the school district, or would be harmful to the efforts of the school board to achieve racial balance in the school district under s. 121.85 or 121.86.

AB347,8,15 2. A school board shall give preference in accepting applications to siblings of pupils who are already attending public school in the school district.

AB347,8,18 (c) 1. A school board may prohibit a resident pupil from attending school in another school district under this section if the school board determines that the pupil is involved in a disciplinary proceeding.

AB347,8,23 2. A school board shall prohibit a resident pupil from attending school in another school district under this section if allowing such attendance would violate a court-ordered plan, or a plan established under s. 121.85 (4), to reduce racial imbalance in the school district, or would be harmful to the efforts of the school board to achieve racial balance in the school district under s. 121.85 or 121.86.

AB347,9,3 3. In the 1996-97 school year, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts to 5% of its membership. In the 1997-98 school year, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts to 10% of its enrollment.

AB347,9,8 (3) Appeal of rejection. If an application is rejected under sub. (1) (a) or a pupil is prohibited from attending school in another school district under sub. (2) (c), the pupil's parent may appeal the decision to the state superintendent within 30 days after the decision. The state superintendent's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB347,9,12 (4) Rights and privileges of nonresident pupils. A pupil attending a public school outside of his or her school district of residence under this section has all of the rights and privileges of resident pupils and is subject to the same rules and regulations as resident pupils.

AB347,9,15 (6) Transportation. The parent of a pupil attending a public school outside of the pupil's school district of residence under this section is responsible for transporting the pupil to and from school.

AB347,9,23 (7) Tuition. The school board of the school district of residence shall pay to the school board of the school district of attendance, for each pupil attending a public school outside of his or her school district of residence under this section, tuition calculated under s. 121.83 for either the school district of residence or the school district of attendance, whichever is lower, or an amount agreed to by the school boards of the 2 school districts. The amount to be paid and a payment schedule shall be specified in a written agreement. If the school boards cannot agree on the amount of tuition, the state superintendent shall determine the amount.

AB347,9,25 (8) Information. Each school board shall provide information about its schools and programs in the format and manner prescribed by the state superintendent. The school board may not provide information in a manner that is designed to recruit nonresident pupils to attend the school district under this section.

AB347,10,6 118.52 Interdistrict enrollment options. (1) Beginning in the 1996-97 school year, a pupil enrolled in a public school may attend a public school outside his or her school district of residence under this section for the purpose of taking one or more courses offered by the other school district, if all of the following apply:

AB347,10,8 (a) The pupil continues to attend public school in his or her school district of residence for at least one course.

AB347,10,10 (b) The school board of the other school district determines that there is space available in the course or courses.

AB347,10,12 (c) The school board of the school district of residence determines that it does not offer, or have space available in, a comparable course or courses.

AB347,10,15 (d) If the courses are offered in the high school grades, the school board of residence determines that the courses satisfy high school graduation requirements under s. 118.33 in that school district.

AB347,10,17 (e) The pupil meets all of the prerequisites for the course or courses that apply to pupils who reside in the other school district.

AB347,10,20 (2) Section 118.51 (1) to (4) applies to pupils under this section, except that if the school board of the other school district accepts the application the acceptance applies only for the following school year.

AB347,10,23 (3) The parent of a pupil attending a public school outside of the pupil's school district of residence under this section is responsible for transporting the pupil to and from the course or courses that the pupil is attending.

AB347,11,3 (4) The school board of the school district of residence shall pay to the school board of the other school district for each pupil attending one or more courses at a public school outside of his or her school district of residence under this section an amount equal to the cost of providing the course or courses to the pupil, calculated as determined by the state superintendent.

AB347,11,8 118.53 Intradistrict enrollment options. (1) Beginning in the 1996-97 school year, a pupil enrolled in a public school may attend a public school located within the pupil's school district of residence but outside the pupil's attendance area under this section for the purpose of taking one or more courses offered by the school if all of the following apply:

AB347,11,11 (a) The school board determines that there is space available in the course or courses. The school board shall reserve space in a course for pupils who reside in the attendance area for the school in which the course is offered.

AB347,11,13 (b) The school board determines that the pupil meets all of the prerequisites for the course or courses.

AB347,11,17 (2) (a) Except as provided in par. (b), the school board shall establish policies and procedures for application, notification and acceptance or rejection and shall make information about the policies and procedures available to school district residents.

AB347,11,19 (b) 1. The school board may not reject an application based on the pupil's academic achievement.

AB347,11,21 2. Section 118.51 (2) (b) 1. applies to the acceptance and rejection of applications under this section.

AB347,11,23 3. Acceptance of an application under this section applies only to the following school year.