AB100, s. 2765
10Section
2765. 115.85 (2) (f) of the statutes is created to read:
AB100,1180,1611
115.85
(2) (f) If a child with exceptional educational needs is attending a public
12school outside his or her school district of residence under s. 118.51, the school board
13of the school district of attendance shall provide an appropriate educational
14placement for the child under this subsection, and shall pay tuition charges instead
15of the school district of residence if any of the placement options under pars. (am) to
16(d) are utilized.
AB100, s. 2766
17Section
2766. 115.85 (2m) of the statutes is amended to read:
AB100,1180,2518
115.85
(2m) Placement disputes. If a dispute arises between the school board
19and the department of health and family services, the department of corrections or
20a county department under s. 46.215, 46.22 or 46.23, or between school boards under
21s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub.
22(2), the
department state superintendent shall resolve the dispute. This subsection
23applies only to placements in nonresidential educational programs made under s.
2448.48
(4) (17) (a) 3., 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child
25caring institutions made under s. 115.815.
AB100, s. 2767
1Section
2767. 115.85 (3) (a), (c) and (d) of the statutes are amended to read:
AB100,1181,82
115.85
(3) (a) The total number of children who reside in the
school district and
3the total number of children who attend the school district under s. 118.51 who have
4been placed in special education programs under s. 115.85 (2), the exceptional
5educational needs of each such child and the school attended or special education
6received by each such child. The report shall also specify the number of children with
7exceptional educational needs who are known to the school district and who are
8under the age of 3 years and the exceptional educational needs of each such child.
AB100,1181,129
(c) A description of the special education programs in which children who reside
10in the
school district
or who attend the school district under s. 118.51 have been
11placed under sub. (2), the number of persons attending each pursuant to sub. (2) and
12the qualifications of the staff of each such special education program.
AB100,1181,1613
(d) An evaluation, in terms of the goals identified under s. 115.78 (5), of the
14progress made by each special education program in which children who reside in the
15school district
or who attend the school district under s. 118.51 are placed under sub.
16(2).
AB100, s. 2768
17Section
2768. 115.89 of the statutes is amended to read:
AB100,1181,24
18115.89 Noncomplying school district; remedies. (1) If, after a public
19hearing in the school district or as the result of a monitoring procedure or a complaint
20investigation, the
department state superintendent finds that a school board has
21violated this subchapter or the rules promulgated under this subchapter, the
22department state superintendent may make recommendations to the school board
23to remedy the violation and may require the school board to submit a remedial plan
24incorporating such recommendations.
AB100,1182,6
1(3) If, after consultation with the school board, the
department state
2superintendent finds that the remedial plan has not incorporated
the department's 3his or her recommendations, or that its implementation has been inadequate to
4ensure compliance with this subchapter and the rules promulgated under this
5subchapter, the
department state superintendent shall request the attorney general
6to proceed against the school district for injunctive or other appropriate relief.
AB100, s. 2769
7Section
2769. 115.93 (1) of the statutes is amended to read:
AB100,1182,178
115.93
(1) Except as provided under sub. (2), if upon receipt of the reports under
9s. 115.92 (2) the
department state superintendent is satisfied that the school age
10parents program has been maintained during the preceding school year in
11accordance with the rules under s. 115.92 (3), the
department state superintendent 12shall certify to the department of administration in favor of each school district
13maintaining the program a sum equal to 63% of the amount expended by the school
14district during the preceding school year for salaries of teachers and instructional
15aides, special transportation and other expenses approved by the
department state
16superintendent. The department of administration shall pay such amounts to the
17school district from the appropriation under s. 20.255 (2) (b).
AB100, s. 2770
18Section
2770. 115.996 of the statutes is amended to read:
AB100,1183,5
19115.996 (title)
Report to the legislature. Annually, on or before December
2031 In its biennial report under s. 15.04 (1) (d), the department shall
submit a report
21to the chief clerk of each house of the legislature, for distribution to the legislature
22under s. 13.172 (2), include information on the status of bilingual-bicultural
23education programs established under this subchapter. The report shall include the
24number of pupils served in bilingual-bicultural education programs for each
25language group in each school district in which such programs are offered and the
1cost of the program per pupil for each school district, language group and program
2type. The department shall also provide the number of pupils in each school district
3and language group who as a result of participation in a bilingual-bicultural
4education program improved their English language ability to such an extent that
5the program is no longer necessary for such pupils.
AB100, s. 2771
6Section
2771. 116.02 (1) (c) of the statutes is amended to read:
AB100,1183,127
116.02
(1) (c)
The department shall cause to There shall convene annually on
8the day that the board of control holds its annual organizational meeting under par.
9(a) a convention composed of the representative from each school board in the agency.
10There shall be no more than one representative from each union high school district.
11The convention may direct the board of control to determine a different date for the
12annual organizational meeting.
AB100, s. 2772
13Section
2772. 116.03 (10) of the statutes is repealed and recreated to read:
AB100,1183,1814
116.03
(10) Authorize the expenditure of money for the purposes set forth in
15this chapter and for the actual and necessary expenses of the board of control and
16agency administrator and for the acquisition of equipment, space and personnel. All
17accounts of the agency shall be paid by check, share draft or other draft signed by the
18chairperson and secretary to the board of control.
AB100, s. 2773
19Section
2773. 116.03 (11) of the statutes is amended to read:
AB100,1183,2420
116.03
(11) Establish the salaries of the agency administrator and other
21professional and nonprofessional employes. State reimbursement for the cost of the
22salary of the agency administrator shall be equal to the actual salary paid or the
23maximum of the salary range for
public instruction supervisors
in the department 24under the state superintendent, whichever is less.
AB100, s. 2774
25Section
2774. 116.03 (12m) of the statutes is repealed.
AB100, s. 2775
1Section
2775. 116.03 (13) of the statutes is repealed.
AB100, s. 2776
2Section
2776. 117.03 (2) of the statutes is amended to read:
AB100,1184,43
117.03
(2) "Appeal panel" means a panel appointed by the
secretary state
4superintendent under s. 117.05 (1).
AB100, s. 2777
5Section
2777. 117.05 (1) of the statutes is amended to read:
AB100,1184,106
117.05
(1) Appeal panels. The
secretary state superintendent shall appoint 3
7members of the board to hear appeals filed under ss. 117.12 (4) and 117.13 (3). No
82 members of the appeal panel may be board members from any of the following kinds
9of school districts: those with small enrollments, those with medium enrollments or
10those with large enrollments.
AB100, s. 2778
11Section
2778. 117.05 (1m) of the statutes is amended to read:
AB100,1184,1512
117.05
(1m) Board and appeal panel meetings. The
secretary state
13superintendent shall set the time and place for meetings of the board under ss.
14117.10, 117.12 (5) and 117.132 and for meetings of appeal panels under ss. 117.12 (4)
15and 117.13.
AB100, s. 2779
16Section
2779. 117.05 (2) (a) of the statutes is amended to read:
AB100,1184,2417
117.05
(2) (a)
Board. The
secretary state superintendent shall appoint 7
18members of the board to perform any review under ss. 117.10, 117.12 (5) and 117.132.
19The 7 members shall include the
secretary state superintendent or his or her
20designee on the board, 2 board members from school districts with small
21enrollments, 2 board members from school districts with medium enrollments and
222 board members from school districts with large enrollments. Any action of the
23board under this chapter requires the affirmative vote of at least 4 of the 7 members
24appointed under this paragraph.
AB100, s. 2780
25Section
2780. 117.05 (10) of the statutes is amended to read:
AB100,1185,5
1117.05
(10) (title)
Secretary State superintendent to advise. The
secretary 2state superintendent shall advise and consult with school boards regarding school
3district organization and reorganization. If, in the
secretary's state superintendent's 4opinion, one or more school districts should be altered, consolidated or dissolved, he
5or she may make recommendations to the school boards.
AB100, s. 2781
6Section
2781. Subchapter I (title) of chapter 118 [precedes 118.001] of the
7statutes is created to read:
AB100,1185,88
Chapter 118
AB100,1185,109
Subchapter I
10
General school operations
AB100, s. 2782
11Section
2782. 118.01 (1) of the statutes is amended to read:
AB100,1185,2212
118.01
(1) Purpose. Public education is a fundamental responsibility of the
13state. The constitution
vests in the state superintendent the supervision of public
14instruction and directs the legislature to provide for the establishment of district
15schools. The effective operation of the public schools is dependent upon a common
16understanding of what public schools should be and do. Establishing such goals and
17expectations is a necessary and proper complement to the state's financial
18contribution to education. Each school board should provide curriculum, course
19requirements and instruction consistent with the goals and expectations established
20under sub. (2). Parents and guardians of pupils enrolled in the school district share
21with the state and school board the responsibility for pupils meeting the goals and
22expectations under sub. (2).
AB100, s. 2783
23Section
2783. 118.125 (2) (intro.) of the statutes is amended to read:
AB100,1186,224
118.125
(2) Confidentiality. (intro.) All pupil records maintained by a public
25school shall be confidential, except as provided in pars. (a) to
(m) (n) and sub. (2m).
1The school board shall adopt regulations to maintain the confidentiality of such
2records.
AB100, s. 2784
3Section
2784. 118.125 (2) (n) of the statutes is created to read:
AB100,1186,74
118.125
(2) (n) Subject to the requirements of
34 CFR 99.34 (a), a school board
5shall provide to the school board of a school district to which a pupil has applied under
6s. 118.51 or 118.52, upon request by that school board, a copy of any pupil record
7relating to the pupil's suspension or expulsion from school.
AB100, s. 2785
8Section
2785. 118.125 (4) of the statutes is amended to read:
AB100,1186,209
118.125
(4) Transfer of records. Within 5 working days, a school district shall
10transfer to another school or school district all pupil records relating to a specific
11pupil if the transferring school district has received written notice from the pupil if
12he or she is an adult or his or her parent or guardian if the pupil is a minor that the
13pupil intends to enroll in the other school or school district
, or attend the other school
14district under s. 118.51, or written notice from the other school or school district that
15the pupil has enrolled
, or is attending under s. 118.51, or from a court that the pupil
16has been placed in a juvenile correctional facility or a secured child caring
17institution, as defined in s. 938.02 (15g). In this subsection, "school" and "school
18district" include any state juvenile correctional facility or secured child caring
19institution which provides an educational program for its residents instead of or in
20addition to that which is provided by public and private schools.
AB100, s. 2786
21Section
2786. 118.14 (1) (intro.) of the statutes is amended to read:
AB100,1186,2222
118.14
(1) (intro.) Except as provided in s.
115.28 (8) 120.12 (25):
AB100, s. 2787
23Section
2787. 118.145 (1) of the statutes is amended to read:
AB100,1187,3
1118.145
(1) The school board of a
school district operating high school grades
2shall determine
, with the advice and consent of the department, the minimum
3standards for admission to high school.
AB100, s. 2788
4Section
2788. 118.15 (2) (c) of the statutes is amended to read:
AB100,1187,95
118.15
(2) (c) Pupils attending a technical college under this subsection may
6receive general education subjects at the technical college
and shall be counted as
7pupils enrolled in the high school for all purposes including computing state aid for
8the school district. Payments by the school district under par. (a) shall be deemed
9costs of operation and maintenance.
AB100, s. 2789
10Section
2789. 118.165 (2) of the statutes is amended to read:
AB100,1187,1411
118.165
(2) An institution may request the
department state superintendent 12to approve the institution's educational program as a private school. The
department 13state superintendent shall base
its
his or her approval solely on the criteria under
14sub. (1).
AB100, s. 2790
15Section
2790. 118.167 of the statutes is amended to read:
AB100,1187,25
16118.167 (title)
Private school determination by department state
17superintendent. If an association that regulates or accredits private educational
18institutions in this state submits an affidavit to the
department state
19superintendent attesting that the institution meets or exceeds all of the criteria
20under s. 118.165 and the
department state superintendent finds that the institution
21does meet or exceed all of the criteria under s. 118.165, the
department state
22superintendent shall determine that the institution is a private school. If at any time
23the
department state superintendent finds that an institution determined to be a
24private school under this section no longer meets the criteria under s. 118.165, the
25department state superintendent may withdraw the determination.
AB100, s. 2791
1Section
2791. 118.19 (1m) of the statutes is created to read:
AB100,1188,72
118.19
(1m) (a) The department of public instruction may not issue or renew
3a license or permit or revalidate a license that has no expiration date unless the
4applicant provides the department of public instruction with his or her social
5security number. The department of public instruction may not disclose the social
6security number except to the department of revenue for the sole purpose of
7requesting certifications under s. 73.0301 and except as provided in sub. (1r).
AB100,1188,118
(b) The department of public instruction may not issue or renew a license or
9permit or revalidate a license that has no expiration date if the department of
10revenue certifies under s. 73.0301 that the applicant, licensee or permit holder is
11liable for delinquent taxes.
AB100, s. 2792
12Section
2792. 118.19 (1r) of the statutes is created to read:
AB100,1188,1813
118.19
(1r) (a) As provided in the memorandum of understanding under s.
1449.857, the department may not issue or renew a license or permit or revalidate a
15license that has no expiration date unless the applicant provides the department
16with his or her social security number. The department may not disclose the social
17security number except to the department of industry, labor and job development for
18the sole purpose of administering s. 49.22 and except as provided in sub. (1m).
AB100,1188,2419
(b) As provided in the memorandum of understanding under s. 49.857, the
20department may not issue or renew a license or permit or revalidate a license that
21has no expiration date if the applicant, licensee or permit holder is delinquent in
22making court-ordered payments of child or family support, maintenance, birth
23expenses, medical expenses or other expenses related to the support of a child or
24former spouse.
AB100, s. 2793
25Section
2793. 118.19 (10) (f) of the statutes is amended to read:
AB100,1189,4
1118.19
(10) (f) The department shall keep confidential all information received
2under this subsection from the department of justice or the federal bureau of
3investigation.
Such Except as provided in par. (g), such information is not subject
4to inspection or copying under s. 19.35.
AB100, s. 2794
5Section
2794. 118.19 (10) (g) of the statutes is created to read:
AB100,1189,86
118.19
(10) (g) At the request of the department of industry, labor and job
7development under s. 49.22 (2m), the department shall release information obtained
8under this subsection to the department of industry, labor and job development.
AB100, s. 2795
9Section
2795. 118.192 (5) of the statutes is repealed.
AB100, s. 2796
10Section
2796. 118.20 (2) of the statutes is amended to read:
AB100,1189,1611
118.20
(2) The
department state superintendent or a person designated by the
12state superintendent may receive and investigate complaints charging
13discrimination in employment, assignment or reassignment of teachers or
14administrative personnel in the public schools and the
department state
15superintendent or designee may hold hearings, subpoena witnesses and take
16testimony to effectuate the purposes of this section.
AB100, s. 2797
17Section
2797. 118.20 (3) of the statutes is amended to read:
AB100,1190,418
118.20
(3) If the
department state superintendent finds probable cause to
19believe that any discrimination prohibited by this section has been or is being
20practiced, the
department state superintendent shall immediately endeavor to
21eliminate the practice by conference, conciliation or persuasion. In case of failure to
22eliminate the discrimination, the
department state superintendent shall issue and
23serve a written notice of hearing, specifying the nature of the discrimination which
24appears to have been committed, and requiring the public school official, employe,
25teacher agency or placement bureau named, hereinafter called the "respondent" to
1answer the complaint at a hearing before the
department state superintendent. The
2notice shall specify a time of hearing not less than 10 days after service of the
3complaint, and a place of hearing within the county in which the discrimination is
4alleged to have occurred.
AB100, s. 2798
5Section
2798. 118.20 (4) of the statutes is amended to read:
AB100,1190,176
118.20
(4) After hearing, if the
department state superintendent finds that the
7respondent has engaged in discrimination prohibited by this section the
department 8state superintendent shall make written findings and recommend such action by the
9respondent as shall satisfy the purposes of this section and shall serve a certified
10copy of the findings and recommendations on the respondent together with an order
11requiring the respondent to comply with the recommendations. Any person
12aggrieved by noncompliance with the order shall be entitled to have the order
13enforced specifically by suit in equity. If the
department state superintendent finds
14that the respondent has not engaged in the alleged discrimination, the
department 15state superintendent shall serve a certified copy of the
department's state
16superintendent's findings on the complainant together with an order dismissing the
17complaint.
AB100, s. 2799
18Section
2799. 118.20 (5) of the statutes is amended to read:
AB100,1191,219
118.20
(5) If any public school official, employe, teachers agency or placement
20bureau violates sub. (1) or fails or refuses to obey any lawful order made by the
21department state superintendent pursuant to this section, such person shall forfeit
22and pay into the state treasury not less than $25 nor more than $50, or be imprisoned
23not less than 5 nor more than 30 days. Such violation or failure or refusal to obey
24an order shall be grounds for the removal of any school district administrator,
25member of a school board or other public school official. Findings and orders of the
1department state superintendent under this section shall be subject to judicial
2review under ch. 227.
AB100, s. 2800
3Section
2800. 118.20 (6) of the statutes is amended to read:
AB100,1191,84
118.20
(6) Upon request of the
department state superintendent, the attorney
5general or district attorney of the county in which any investigation, hearing or trial
6under this section is pending, shall aid and prosecute under supervision of the
7department state superintendent, all necessary actions or proceedings for the
8enforcement of this section and for the punishment of all violations thereof.
AB100, s. 2801
9Section
2801. 118.20 (7) of the statutes is amended to read:
AB100,1191,1210
118.20
(7) In administering this section the
department state superintendent 11shall have authority to make, amend and rescind rules necessary to carry out the
12purposes of this section.
AB100, s. 2802
13Section
2802. 118.255 (3) of the statutes is repealed and recreated to read:
AB100,1191,1714
118.255
(3) The school board, cooperative educational service agency or county
15handicapped children's education board maintaining health treatment services shall
16report annually to the department, and at such other times as the department
17directs, such information as the department requires.
AB100, s. 2803
18Section
2803. 118.255 (4) of the statutes is amended to read:
AB100,1192,519
118.255
(4) If the
department state superintendent is satisfied that the health
20treatment services program has been maintained during the preceding school year
21in accordance with law, the
department state superintendent shall certify to the
22department of administration in favor of each school board, cooperative educational
23service agency and county handicapped children's education board maintaining such
24health treatment services, an amount equal to 63% of the amount expended for items
25listed in s. 115.88 (1) by the school board, cooperative educational service agency and
1county handicapped children's education board during the preceding year for these
2health treatment services. The department of administration, upon such
3certification shall distribute the amounts to the appropriate school board,
4cooperative educational service agency and county handicapped children's education
5board.
AB100, s. 2804
6Section
2804. 118.26 of the statutes is amended to read:
AB100,1192,10
7118.26 Claim against school district. No action may be brought or
8maintained against a school district upon a claim or cause of action unless the
9claimant complies with s. 893.80. This section does not apply to actions commenced
10under s. 19.37
or, 19.97
or 281.99.
AB100, s. 2805
11Section
2805. 118.30 (1) of the statutes is renumbered 118.30 (1) (a).
AB100, s. 2806
12Section
2806. 118.30 (1) (b) of the statutes is created to read:
AB100,1192,1613
118.30
(1) (b) If the governor has issued pupil academic standards as an
14executive order under s. 14.23, the department shall develop a high school
15graduation examination that is designed to measure whether pupils meet the pupil
16academic standards.
AB100, s. 2807
17Section
2807. 118.30 (1g) of the statutes is created to read:
AB100,1192,2118
118.30
(1g) (a) By August 1, 1998, each school board shall adopt pupil academic
19standards in mathematics, science, reading and writing, geography and history. If
20the governor has issued pupil academic standards as an executive order under s.
2114.23, the school board may adopt those standards.