AB100: Bill Text

AB100,1211,7 3. Whether during the current or 2 preceding school years, the pupil has been suspended or expelled from school for any of the following:

AB100,1211,10 a. Knowingly conveying or causing 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.

AB100,1211,12 b. Engaging in conduct while at school or while under the supervision of a school authority that endangered the property, health or safety of others.

AB100,1211,16 c. Engaging in conduct while not at school or while not under the supervision of a school authority that endangered the property, health or safety of others at school or under the supervision of a school authority or of any employe or school board member of the school district in which the pupil is enrolled.

AB100,1211,18 d. Possessing a firearm, as defined in 18 USC 921 (a) 3, while at school or while under the supervision of a school authority.

AB100,1211,22 (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 or anything else not specified in par. (a) 1. to 3., except as provided under par. (b).

AB100,1211,24 (b) A school board shall give preference in accepting applications to pupils and to siblings of pupils who are already attending courses in the school district.

AB100,1212,3 (c) 1. A school board may prohibit a resident pupil from attending courses in another school district under this section if the school board determines that the pupil is involved in a disciplinary proceeding.

AB100,1212,6 2. A school board shall prohibit a resident pupil from attending courses in another school district under this section if allowing such attendance would violate a voluntary or court-ordered plan to reduce racial imbalance in the school district.

AB100,1212,11 (4) Appeal of rejection. If an application is rejected under sub. (2) (a) or a pupil is prohibited from attending courses in another school district under sub. (3) (c), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB100,1212,15 (5) Rights and privileges of nonresident pupils. A pupil attending courses in a public school outside 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.

AB100,1212,18 (6) Transportation. The parent of a pupil attending courses in a public school outside the pupil's school district of residence under this section is responsible for transporting the pupil to and from the courses that the pupil is attending.

AB100,1213,2 (7) Tuition. 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 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 department. Unless the 2 school boards agree to a different schedule, tuition payments shall be made in 4 instalments. The first 3 instalments shall be based on estimated costs and paid on the last day of September, December and March in the school year in which the costs are incurred. The 4th instalment, adjusted for actual costs, shall be paid when the actual costs are known.

AB100,1213,7 118.54 School districts participating in a special transfer program. (1) If the school board of a school district participating in a program under s. 121.85 or 121.86 determines that the application deadlines under s. 118.51 or 118.52 conflict with procedures necessary to implement the program under s. 121.85 or 121.86, the school board may modify the deadlines under ss. 118.51 and 118.52.

AB100,1213,12 (2) If a pupil who attends school outside his or her school district of residence under s. 118.51 is also eligible to transfer between the 2 school districts under s. 121.85, the school board of the school district of residence shall not pay tuition under s. 118.51 (7) (a) or (b) and the pupil shall be treated as an interdistrict transfer under s. 121.85 (6) (b) for purposes of payment.

AB100,1213,18 (3) If a school district receives one or more minority group pupils as interdistrict transfers under s. 121.85 (2) (a) 1., the school board shall reject the application of a nonminority group pupil under s. 118.51 unless the school board has accepted all minority group pupils who have requested to be transferred under s. 121.85 (2) (a) 1. for the grade for which the nonminority group pupil has applied. In this subsection, "minority group pupil" has the meaning given in s. 121.845 (2).

AB100,1213,19 118.56 Department duties. The department shall do all of the following:

AB100,1213,20 (1) Promulgate rules to implement and administer this subchapter.

AB100,1213,24 (2) Annually submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3). The report shall specify the number of pupils attending a school outside the pupil's school district of residence under s. 118.51 by school, grade, ethnicity and gender.

AB100, s. 2844 Section 2844. 118.55 (7r) of the statutes is created to read:

AB100,1214,4 118.55 (7r) Attendance at technical college. (a) Upon the pupil's request and with the written approval of the pupil's parent or guardian, any public school pupil who satisfies the following criteria may apply to attend a technical college for the purpose of taking one or more courses:

AB100,1214,5 1. The pupil has completed the 10th grade.

AB100,1214,6 2. The pupil is in good academic standing.

AB100,1214,9 3. The pupil notifies the school board of his or her intent to attend a technical college under this subsection at least 90 days before the start of the technical college semester.

AB100,1214,10 4. The pupil is not a child at risk, as defined in s. 118.153 (1) (a).

AB100,1214,14 (b) The technical college district board shall admit the pupil if he or she meets the admission requirements of the program for which he or she applied, except that the district board may reject an application from a pupil who has a record of disciplinary problems, as determined by the district board.

AB100,1214,25 (c) If a child attends a technical college under this subsection, the technical college shall ensure that the child's educational program meets the high school graduation requirements under s. 118.33. Before the beginning of the semester in which the pupil will be enrolled, the school board of the school district in which the pupil resides shall notify the pupil, in writing, if a course in which the pupil will be enrolled does not meet the high school graduation requirements. If the pupil disagrees with the school board's decision, the pupil may appeal the school board's decision to the state superintendent within 30 days after the decision. The state superintendent's decision is final and is not subject to review under subch. III of ch. 227. The pupil is eligible to receive both high school and technical college credit for courses successfully completed at the technical college.

AB100,1215,3 (d) For each pupil attending a technical college under this subsection, the school board shall pay to the technical college district board, in 2 instalments payable upon initial enrollment and at the end of the semester, the following amount:

AB100,1215,6 1. If the pupil is attending the technical college for less than 7 credits, an amount equal to the cost of tuition, course fees and books for the pupil at the technical college.

AB100,1215,13 2. If the pupil is attending the technical college for 7 credits or more, an amount equal to the school district's average per pupil cost for regular instruction and instructional support services in the previous school year, as determined by the department, multiplied by a fraction the numerator of which is the number of credits for which the pupil is enrolled and the denominator of which is 15. Annually by the 3rd Monday in February, the department shall make available to school boards and technical college district boards estimates of the amounts under this subdivision.

AB100,1215,16 (e) The school board is not responsible for transporting a pupil attending a technical college under this subsection to or from the technical college that the pupil is attending.

AB100, s. 2845 Section 2845. 118.55 (7w) of the statutes is created to read:

AB100,1215,20 118.55 (7w) Responsibility of pupil for tuition and fees. A pupil taking a course at a technical college or at an institution of higher education under this section is not responsible for any portion of the tuition and fees for the course.

AB100, s. 2846 Section 2846. 119.04 (title) of the statutes is amended to read:

AB100,1215,22 119.04 (title) Education Public instruction laws applicable.

AB100, s. 2847 Section 2847. 119.04 (1) of the statutes is amended to read:

AB100,1216,6 119.04 (1) Subchapters IV, V and VII of ch. 115, subch. II of ch. 118, ch. 121 and ss. 46.72, 46.73, 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 120.12 (5) and (15) to (24) (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.

AB100, s. 2848 Section 2848. 119.24 of the statutes is amended to read:

AB100,1216,12 119.24 Admission of pupils. Each Subject to s. 118.51 (1) (c), each school under the jurisdiction of the board shall be open to pupils residing within the attendance district established for that school under s. 119.16 (2). A pupil residing in any such attendance district may attend a school in another attendance district with the written permission of the superintendent of schools.

AB100, s. 2849 Section 2849. 119.28 (5) of the statutes is amended to read:

AB100,1216,16 119.28 (5) Any action under subs. (3) and (4) shall be subject to the direction of the department state superintendent and the division for learning support, equity and advocacy in the department as provided by law.

AB100, s. 2850 Section 2850. 119.48 (4) (b) of the statutes is amended to read:

AB100,1216,21 119.48 (4) (b) The communication shall state the purposes for which the funds from the increase in the levy rate will be used and shall request the common council to submit to the voters of the city the question of exceeding the levy rate specified in s. 65.07 (1) (f) at the September election or a special election.

AB100, s. 2851 Section 2851. 119.48 (4) (c) of the statutes is amended to read:

AB100,1217,11 119.48 (4) (c) Upon receipt of the communication, the common council shall cause the question of exceeding the levy rate specified under s. 65.07 (1) (f) to be submitted to the voters of the city at the September election or at a special election next regularly scheduled spring election or general election that occurs not sooner than 45 days after receipt of the communication or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not sooner than 45 days after receipt of the communication. The question of exceeding the levy rate specified under s. 65.07 (1) (f) shall be submitted upon a separate ballot or in some other manner so that the vote upon exceeding the levy rate specified in s. 65.07 (1) (f) is taken separately from any other question submitted to the voters. If a majority of the electors voting on the question favors exceeding the levy rate specified under s. 65.07 (1) (f), the common council shall approve the increase in the levy rate and shall levy and collect a tax equal to the amount of money approved by the electors.

AB100, s. 2852 Section 2852. 119.49 (1) (b) of the statutes is amended to read:

AB100,1217,17 119.49 (1) (b) The communication shall state the amount of funds needed under par. (a) and the purposes for which the funds will be used and shall request the common council to submit to the voters of the city at the next election held in the city the question of issuing school bonds in the amount and for the purposes stated in the communication.

AB100, s. 2853 Section 2853. 119.49 (2) of the statutes is amended to read:

AB100,1218,6 119.49 (2) Upon receipt of the communication, the common council shall cause the question of issuing such school bonds in the stated amount and for the stated school purposes to be submitted to the voters of the city at the next election held in the city regularly scheduled spring election or general election that occurs not sooner than 45 days after receipt of the communication or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not sooner than 45 days after receipt of the communication. The question of issuing such school bonds shall be submitted upon a separate ballot or in some other manner so that the vote upon issuing such school bonds is taken separately from any other question submitted to the voters. If a majority of the electors voting on the school bond question favors issuing such school bonds, the common council shall cause the school bonds to be issued immediately or within the period permitted by law, in the amount requested by the board and in the manner other bonds are issued.

AB100, s. 2854 Section 2854. 119.68 (2) of the statutes is amended to read:

AB100,1218,10 119.68 (2) No action may be brought or maintained against the school upon a claim or cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37 or , 19.97 or 281.99.

AB100, s. 2855 Section 2855. 120.12 (14) of the statutes is amended to read:

AB100,1218,13 120.12 (14) Course of study. Determine the school course of study, with the advice of the department.

AB100, s. 2856 Section 2856. 120.12 (17) of the statutes is amended to read:

AB100,1218,19 120.12 (17) University of Wisconsin system tuition. Pay the tuition of any pupil enrolled in the school district and attending a center or institution within the university of Wisconsin system if the pupil is not participating in the program under s. 118.37 118.55, the course the pupil is attending at the university is not offered in the school district and the pupil will receive high school credit for the course.

AB100, s. 2857 Section 2857. 120.12 (25) of the statutes is created to read:

AB100,1218,23 120.12 (25) Early admission to kindergarten and first grade. Prescribe procedures, conditions and standards for early admission to kindergarten and first grade.

AB100, s. 2858 Section 2858. 120.13 (2) (e) of the statutes is amended to read:

AB100,1219,7 120.13 (2) (e) All Except as provided in par. (f), personally identifiable medical and claims records relating to any self-insurance plan under par. (b) shall be kept confidential by the administrator of the self-insurance plan and shall be exempt from disclosure pursuant to s. 19.36 (1). This paragraph does not prohibit the release of personally identifiable records to school district personnel, to the extent that performance of their duties requires access to the records, but only with the prior written informed consent of the insured.

AB100, s. 2859 Section 2859. 120.13 (2) (f) of the statutes is created to read:

AB100,1219,12 120.13 (2) (f) At the request of the department of industry, labor and job development under s. 49.22 (2m), the school board shall direct the administrator of the self-insurance plan to release information obtained under this subsection to the department of industry, labor and job development.

AB100, s. 2860 Section 2860. 120.13 (2) (g) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100,1219,18 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.745 (2), (3) and (5) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (10), 632.896, 767.25 (4m) (d) and, 767.51 (3m) (d) and 767.62 (4) (b) 4.

AB100, s. 2861 Section 2861. 120.13 (26r) of the statutes is created to read:

AB100,1219,22 120.13 (26r) Contracts for outpatient mental health and developmental disabilities services. Contract with the department of health and family services for outpatient services under s. 51.07 (4).

AB100, s. 2862 Section 2862. 120.13 (27m) of the statutes is amended to read:

AB100,1220,11 120.13 (27m) Transportation of indigent pupils. Provide transportation to and from school for indigent pupils who reside in the school district and who are not required to be transported under s. 121.54. In this subsection, "indigent pupils" means pupils eligible for free lunches or reduced-price lunches under 42 USC 1758 or aid to 18-year-old students under s. 49.20 or for whom aid to families with dependent children is being received under s. 49.19 or who are members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is participating in Wisconsin works under s. 49.147 (3) to (5) or any combination thereof, as determined by the school board. If a school board determines to provide transportation under this subsection, there shall be reasonable uniformity in the transportation furnished such pupils whether they attend public or private schools. The cost of transporting pupils under this subsection may not be included in the school district's shared cost under s. 121.07 (6) (a).

AB100, s. 2863 Section 2863. 120.17 (8) (bm) of the statutes is amended to read:

AB100,1220,21 120.17 (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 department state superintendent 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 for the last 2 school years.

AB100, s. 2864 Section 2864. 121.004 (2) of the statutes is amended to read:

AB100,1221,6 121.004 (2) Equalized valuation. The "equalized valuation" of a school district is the full value of the taxable property of the territory in the school district as certified for the prior year under s. 121.06 (2), excluding value adjustments made under s. 70.57 (1) resulting from appeals made under s. 70.995. The "equalized valuation" of any taxable property in a tax incremental district shall not exceed its equalized value determined for the purpose of obtaining the tax incremental base of that district under s. 66.46. The "equalized valuation" of a school district shall be reduced by the amount of an environmental remediation value increment on a parcel of property that is certified under s. 66.462 during the period of certification.

AB100, s. 2865 Section 2865. 121.004 (7) (b) of the statutes is amended to read:

AB100,1221,10 121.004 (7) (b) A first grade pupil may be counted only if the pupil attains the age permitted under s. 115.28 (8) 120.12 (25) or required under s. 118.14 for first grade admission.

AB100, s. 2866 Section 2866. 121.004 (7) (c) 1. (intro.) of the statutes is amended to read:

AB100,1221,15 121.004 (7) (c) 1. (intro.) A pupil enrolled in kindergarten may be counted only if the pupil attains the age permitted under s. 115.28 (8) 120.12 (25) or required under s. 118.14 for kindergarten admission. A kindergarten pupil shall be counted as one-half pupil except that:

AB100, s. 2867 Section 2867. 121.006 (1) (a) of the statutes is amended to read:

AB100,1221,20 121.006 (1) (a) The department state superintendent 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 department's state superintendent's approval.

AB100, s. 2868 Section 2868. 121.02 (1) (intro.) of the statutes is amended to read:

AB100,1221,23 121.02 (1) (intro.) Each Except as provided in s. 118.40 (2r) (d), each school board shall:

AB100, s. 2869 Section 2869. 121.02 (1) (a) 2. of the statutes is amended to read:

AB100,1222,4 121.02 (1) (a) 2. Ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. The department shall promulgate rules defining "instructional staff" for purposes of this subdivision and s. 118.40 (2r) (d) 1.

AB100, s. 2870 Section 2870. 121.02 (1) (m) of the statutes is amended to read:

AB100,1222,14 121.02 (1) (m) Provide access to an education for employment a school-to-work program approved by the department of industry, labor and job development under s. 106.135 (3) (c). 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. 106.13 or other job training and work experience; and instruction in skills relating to employment. The department state superintendent, in cooperation with the secretary of industry, labor and job development and the director of the technical college system, shall assist school boards in complying with this paragraph.

AB100, s. 2871 Section 2871. 121.02 (1) (s) of the statutes is amended to read:

AB100,1222,21 121.02 (1) (s) Beginning in the 1993-94 school year, administer the examinations required by the department under s. 118.30 (1m) (am) and (b), and; beginning in the 1996-97 school year, administer the examination required by the department under s. 118.30 (1m) (a); and beginning in the 1999-2000 school year, administer the high school graduation examination required under s. 118.30 (1m) (d).

AB100, s. 2872 Section 2872. 121.05 (1) (a) 5. of the statutes is amended to read:

AB100,1222,25 121.05 (1) (a) 5. Pupils attending a technical college under s. 118.15 (1) (b) and pupils attending an institution of higher education or a technical college under s. 118.37 118.55.