SB161: Bill Text

LRB-3432/1

PG:kmg:kaf

1995 - 1996 LEGISLATURE

1995 Senate BILL 161

May 3, 1995 - Introduced by Senators Leean, Ellis and Rude, by request of Governor Tommy G. Thompson. Referred to Committee on Education and Financial Institutions.

SB161,1,8 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:

SB161, s. 1 Section 1. 20.255 (2) (cw) of the statutes is amended to read:

SB161,3,4 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).

SB161, s. 2 Section 2. 38.04 (11) (a) 2. of the statutes is amended to read:

SB161,3,13 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).

SB161, s. 3 Section 3. 38.22 (1) (intro.) of the statutes is amended to read:

SB161,3,17 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:

SB161, s. 4 Section 4. 38.28 (1m) (a) 1. of the statutes is amended to read:

SB161,4,10 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.

SB161, s. 5 Section 5. 115.28 (38) of the statutes is amended to read:

SB161,4,22 115.28 (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.

SB161, s. 6 Section 6. Subchapter I (title) of chapter 118 [precedes 118.01] of the statutes is created to read:

SB161,4,25 Chapter 118

SB161,5,2 Subchapter I General school operations

SB161, s. 7 Section 7. 118.37 (title) of the statutes is renumbered 118.55 (title).

SB161, s. 8 Section 8. 118.37 (1) (title) of the statutes is repealed.

SB161, s. 9 Section 9. 118.37 (1) of the statutes is renumbered 118.50 (3) and amended to read:

SB161,5,9 118.50 (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.

SB161, 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:

SB161,5,22 118.55 (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).

SB161, s. 11 Section 11. 118.37 (9) of the statutes is repealed.

SB161, s. 12 Section 12. Subchapter II of chapter 118 [precedes 118.50] of the statutes is created to read:

SB161,6,1 Chapter 118

SB161,6,3 Subchapter II Enrollment options programs

SB161,6,4 118.50 Definitions. In this subchapter:

SB161,6,5 (1) "Attendance area" has the meaning given in s. 121.845 (1).

SB161,6,6 (4) "Parent" includes a guardian.