AB100: Bill Text Engrossed

AB100-engrossed, s. 2877 Section 2877. 121.15 (3m) (a) 2. of the statutes is amended to read:

AB100-engrossed,1506,17 121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (2), other than s. 20.255 (2) (fm), (fu), (k) and (m), and under s. 20.505 (4) (er) ss. 20.275 (1) (d), (es), (et), (f), (fs) and (u) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) (s) that are used to provide grants or educational telecommunications access to school districts under s. 196.218 (4r).

AB100-engrossed, s. 2878m Section 2878m. 121.15 (3m) (b) of the statutes is amended to read:

AB100-engrossed,1506,24 121.15 (3m) (b) By June 15, 1996, and annually by June 15 thereafter, the department, the department of administration and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals 66.7% two-thirds of partial school revenues.

AB100-engrossed, s. 2879m Section 2879m. 121.15 (3m) (c) of the statutes is amended to read:

AB100-engrossed,1507,3 121.15 (3m) (c) By June 30, 1996 1998, and annually by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the following school year.

AB100-engrossed, s. 2880m Section 2880m. 121.15 (4) of the statutes is amended to read:

AB100-engrossed,1507,13 121.15 (4) On July 1 and October 15, using the most accurate data available, the department state superintendent shall provide the department of revenue and each school district with an estimate of the total amount of state aid, as defined in s. 121.90 (2), the school district will receive in the current school year. On October 15, using the most accurate data available, the department state superintendent shall calculate the total amount of state aid, as defined in s. 121.90 (2), that each school district will receive in the current school year. Any adjustments to that calculation shall be made by increasing or decreasing the payment made in September of the following school year.

AB100-engrossed, s. 2881 Section 2881. 121.17 of the statutes is repealed and recreated to read:

AB100-engrossed,1507,20 121.17 Use of federal revenue sharing funds. It is the intent of the legislature that school districts receiving federal revenue sharing funds through the state under this subchapter shall utilize these funds in compliance with the federal revenue sharing requirements as defined in the state and local fiscal assistance act of 1972 (P.L. 92-512), as amended by P.L. 94-488. The department shall assure compliance with this section.

AB100-engrossed, s. 2881d Section 2881d. 121.23 (1) of the statutes is amended to read:

AB100-engrossed,1507,25 121.23 (1) In the event that the department state superintendent finds that school is not held, or educational standards are not maintained in accordance with s. 121.02 (1) (f) as the result of a strike by school district employes, make-up days are authorized to be scheduled but no make-up days are required.

AB100-engrossed, s. 2881h Section 2881h. 121.23 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,1508,7 121.23 (2) (intro.) If a school district holds less than 180 days of school as the result of a strike by school district employes, for the purposes of computing general aid, the department state superintendent shall compute the school district's primary and secondary ceiling costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the department state superintendent shall:

AB100-engrossed,1508,8 " Section 2881m. 121.41 (1) of the statutes is amended to read:

AB100-engrossed,1508,19 121.41 (1) State aid. To promote a uniformly effective driver education program among high school and technical college pupils, each school district operating high school grades, each county handicapped children's education board which provides the substantial equivalent of a high school education and each technical college district shall receive $100 for each pupil of high school age who completes a course in driver education approved by the department under s. 115.28 (11), but in no case may the state aid exceed the actual cost of instruction. If the appropriation under s. 20.255 (2) (r) (em) is inadequate in any year to provide $100 per pupil, the state aid shall be prorated after the appropriation for administration is deducted. Such state aid shall be paid at the same time as the state aid under s. 121.08 is paid.

AB100-engrossed, s. 2881p Section 2881p. 121.51 (1) of the statutes is amended to read:

AB100-engrossed,1509,4 121.51 (1) "Attendance area" is the geographic area designated by the governing body of a private school as the area from which its pupils attend and approved by the school board of the district in which the private school is located. If the private school and the school board cannot agree on the attendance area, the department state superintendent shall, upon the request of the private school and the board, make a final determination of the attendance area. The attendance areas of private schools affiliated with the same religious denomination shall not overlap unless one school limits its enrollment to pupils of the same sex and the other school limits its enrollment to pupils of the opposite sex or admits pupils of both sexes.

AB100-engrossed, s. 2881t Section 2881t. 121.52 (1) (b) of the statutes is amended to read:

AB100-engrossed,1509,9 121.52 (1) (b) The school board may adopt additional rules, not inconsistent with law or with rules of the secretary of transportation or the department state superintendent, for the protection of the pupils or to govern the conduct of the person in charge of the motor vehicle used for transportation of pupils for compensation.

AB100-engrossed, s. 2882 Section 2882. 121.52 (4) of the statutes is amended to read:

AB100-engrossed,1509,15 121.52 (4) The use of any motor vehicle to transport pupils shall be discontinued upon receipt of an order signed by the secretary state superintendent or the secretary of transportation ordering such discontinuance. Personnel under the secretary state superintendent or the secretary of transportation may ride any school bus at any time for the purpose of inspection.

AB100-engrossed, s. 2882d Section 2882d. 121.53 (6) of the statutes is amended to read:

AB100-engrossed,1509,20 121.53 (6) Within 10 days after its occurrence, every accident involving a motor vehicle while providing transportation under this subchapter shall be reported to the appropriate school board and promptly by the school board to the department state superintendent on forms provided by the department state superintendent.

AB100-engrossed, s. 2882g Section 2882g. 121.54 (2) (c) of the statutes is amended to read:

AB100-engrossed,1510,9 121.54 (2) (c) An annual or special meeting of a common or union high school district, or the school board of a unified school district, may elect to provide transportation for pupils who are not required to be transported under this section, including pupils attending public school under s. 118.145 (4). Transportation may be provided for all or some of the pupils who reside in the school district to and from the public school they are entitled to attend or the private school, within or outside the school district, within whose attendance area they reside. If transportation is provided for less than all such pupils there shall be reasonable uniformity in the minimum distance that pupils attending public and private schools will be transported. Except for elementary school districts electing to furnish transportation under par. (b) 2., this paragraph does not permit a school district operating only elementary grades to provide transportation for pupils attending private schools.

AB100-engrossed, s. 2882h Section 2882h. 121.54 (3) of the statutes is amended to read:

AB100-engrossed,1510,20 121.54 (3) Transportation for children with exceptional educational needs. Every school board shall provide transportation for children with exceptional educational needs, as defined in s. 115.76 (3), to any public or private elementary or high school, to the Wisconsin school for the visually handicapped or the Wisconsin school for the deaf or to any special educational program for children with exceptional educational needs sponsored by a state tax-supported institution of higher education, regardless of distance, if the request for such transportation is approved by the department state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this subsection.

AB100-engrossed, s. 2882p Section 2882p. 121.54 (4) (b) of the statutes is amended to read:

AB100-engrossed,1511,3 121.54 (4) (b) A school board, a county handicapped children's education board or a cooperative educational service agency may provide transportation regardless of distance for children with exceptional educational needs who attend a summer special education program under s. 115.83 (4), if a request for such transportation is approved by the department state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this paragraph.

AB100-engrossed, s. 2882t Section 2882t. 121.54 (9) of the statutes is amended to read:

AB100-engrossed,1512,2 121.54 (9) Transportation in areas of unusual hazards. (a) In school districts in which unusual hazards exist for pupils in walking to and from the school where they are enrolled, the school board shall develop a plan which shall show by map and explanation the nature of the unusual hazards to pupil travel and propose a plan of transportation if such transportation is necessary, which will provide proper safeguards for the school attendance of such pupils. Copies of the plan shall be filed with the sheriff of the county in which the principal office of the school district is located. The sheriff shall review the plan and may make suggestions for revision deemed appropriate. The sheriff shall investigate the site and plan and make a determination as to whether unusual hazards exist which cannot be corrected by local government and shall report the findings in writing to the department state superintendent and the school board concerned. Within 60, but not less than 30, days from the day on which the department state superintendent receives the sheriff's report, the department state superintendent shall determine whether unusual hazards to pupil travel exist and whether the plan provides proper safeguards for such pupils. If the department state superintendent makes findings which support the plan and the determination that unusual hazards exist which seriously jeopardize the safety of the pupils in their travel to and from school, the school board shall put the plan into effect and state aid shall be paid under s. 121.58 (2) (c) for any transportation of pupils under this subsection. Any city, village or town may reimburse, in whole or in part, a school district for costs incurred in providing transportation under this subsection for pupils who reside in the city, village or town.

AB100-engrossed,1512,13 (am) Any person aggrieved by the failure of a school board to file a plan with the sheriff as provided in par. (a) may notify the school board in writing that an area of unusual hazard exists. The school board shall reply to the aggrieved person in writing within 30 days of receipt of the aggrieved person's notice. The school board shall send a copy of the board's reply to the sheriff of the county in which the principal office of the school district is located and to the department state superintendent. Upon receipt of the school board's reply, the aggrieved person may request a hearing before the department state superintendent for a determination as to whether an area of unusual hazard exists. If the department state superintendent determines that an area of unusual hazard exists, the department state superintendent shall direct the school board to proceed as provided in par. (a).

AB100-engrossed,1512,17 (b) Within 30 days after the sheriff's report is received by the department state superintendent, any aggrieved person may request a hearing before the department state superintendent on the determination by the sheriff and on the plan. After such hearing, the department state superintendent shall proceed as provided in par. (a).

AB100-engrossed,1512,21 (c) The department state superintendent and the department of transportation shall establish a definition of "unusual hazards" and "area of unusual hazards" for the implementation of this subsection. Such definition shall be promulgated, as a rule, by the department state superintendent.

AB100-engrossed, s. 2883m Section 2883m. 121.54 (10) of the statutes is created to read:

AB100-engrossed,1513,4 121.54 (10) Full-time open enrollment. Subject to s. 118.51 (14) (a) 2., a school board may elect to provide transportation, including transportation to and from summer classes, for nonresident pupils who are attending public school in the school district under s. 118.51, or its resident pupils who are attending public school in another school district under s. 118.51, or both, except that a school board may not provide transportation under this subsection for a nonresident pupil to or from a location within the boundaries of the school district in which the pupil resides.

AB100-engrossed, s. 2884 Section 2884. 121.56 of the statutes is amended to read:

AB100-engrossed,1513,15 121.56 School bus routes. The school board of each district shall make and be responsible for all necessary provisions for the transportation of pupils, including establishment, administration and scheduling of school bus routes. Upon the request of any school board, the department state superintendent shall provide advice and counsel on problems of school transportation. Any private school shall, upon the request of the public school officials, supply all necessary information and reports. The transportation of public and private school pupils shall be effectively coordinated to insure the safety and welfare of the pupils. Upon receipt of a signed order from the secretary state superintendent, the school board shall discontinue any route specified by the secretary state superintendent.

AB100-engrossed, s. 2884m Section 2884m. 121.57 (1) (b) of the statutes is amended to read:

AB100-engrossed,1513,21 121.57 (1) (b) This subsection also applies to handicapped children. The department state superintendent may grant permission for a handicapped child to be transported to a school in another school district if an acceptable form of transportation is provided and if such school offers equal or better educational opportunities for the child.

AB100-engrossed, s. 2885g Section 2885g. 121.58 (2) (a) of the statutes is amended to read:

AB100-engrossed,1514,18 121.58 (2) (a) A school district which provides transportation to and from a school under ss. 121.54 (1) to (3), (5) and (6) and 121.57, and the nonresident school district that a pupil attends under s. 118.51 which elects to provide transportation under s. 121.54 (10), shall be paid state aid for such transportation at the rate of $30 per school year per pupil so transported whose residence is at least 2 miles and not more than 5 miles from the school attended, $45 per school year per pupil so transported whose residence is at least 5 miles and not more than 8 miles from the school attended, $60 per school year per pupil so transported whose residence is at least 8 miles and not more than 12 miles from the school attended, $68 per school year per pupil so transported whose residence is at least 12 miles and not more than 15 miles from the school attended, $75 per school year per pupil so transported whose residence is at least 15 miles and not more than 18 miles from the school attended, and $85 per school year per pupil so transported whose residence is more than 18 miles from the school attended. Such state aid shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5) and, (6) and (10) and 121.57 or which wilfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

AB100-engrossed, s. 2885r Section 2885r. 121.58 (4) of the statutes is amended to read:

AB100-engrossed,1515,9 121.58 (4) State aid for summer class transportation. Annually on or before October 1 of the year in which transportation is provided under s. 121.54 (4), or under s. 121.54 (10) if the transportation is provided by the nonresident school district that a pupil attends under s. 118.51, the school district clerk shall file with the department a report, containing such information as the department requires, on transportation provided by the school board to and from summer classes. Upon receipt of such report and if the summer classes meet the requirements of s. 121.14 (1), state aid shall be paid for such transportation. A school district which provides such transportation shall be paid state aid for such transportation at the rate of $4 per pupil transported to and from public school whose residence is at least 2 miles and not more than 5 miles by the nearest traveled route from the public school attended, and $6 per pupil transported to and from public school whose residence is more than 5 miles by the nearest traveled route from the public school attended, if the pupil is transported 30 days or more. The state aid shall be reduced proportionately if the pupil is transported less than 30 days.

AB100-engrossed, s. 2888 Section 2888. 121.58 (5) of the statutes is amended to read:

AB100-engrossed,1515,17 121.58 (5) (title) Department State superintendent approval. If the department state superintendent is satisfied that transportation or board and lodging was provided in compliance with law, the department state superintendent shall certify to the department of administration the sum due the school district. In case of differences concerning the character and sufficiency of the transportation or board and lodging, the department state superintendent may determine such matter and its his or her decision is final.

AB100-engrossed, s. 2888m Section 2888m. 121.76 (2) (a) of the statutes is amended to read:

AB100-engrossed,1515,21 121.76 (2) (a) All tuition shall be calculated under s. 121.83 unless the department state superintendent approves an alternative procedure consistent with s. 121.75.

AB100-engrossed, s. 2888p Section 2888p. 121.77 (1) of the statutes is amended to read:

AB100-engrossed,1515,24 121.77 (1) (a) Every elementary school and high school shall be free to all pupils who reside in the school district.

AB100-engrossed,1516,6 (b) If facilities are adequate, a school board, board of control of a cooperative educational service agency or county handicapped children's education board may admit nonresident pupils who meet its entrance requirements. Nonresident pupils shall have all of the rights and privileges of resident pupils and shall be subject to the same rules and regulations as resident pupils. The agency of service shall charge tuition for each nonresident pupil.

AB100-engrossed, s. 2889m Section 2889m. 121.77 (2) (a) and (b) of the statutes are amended to read:

AB100-engrossed,1516,13 121.77 (2) (a) A tuition claim for each nonresident pupil or adult for whom services were provided under this subchapter during the preceding school year. The claim shall be filed with the school district clerk under s. 121.78, the department state superintendent under s. 121.79, the county clerk under s. 121.80, the pupil's parent or guardian under s. 121.81 or the adult under s. 121.82. Credit shall be given for prepayments.

AB100-engrossed,1516,15 (b) A certified copy of each tuition claim under par. (a) with the department state superintendent.

AB100-engrossed, s. 2889s Section 2889s. 121.77 (3) of the statutes is created to read:

AB100-engrossed,1516,18 121.77 (3) Subsections (1) (b) and (2) do not apply to a pupil attending a public school in a nonresident school district under s. 118.51.

AB100-engrossed, s. 2890c Section 2890c. 121.78 (1) (a) of the statutes is amended to read:

AB100-engrossed,1517,2 121.78 (1) (a) Upon the approval of the department state superintendent, the school board of the district of residence and the school board of the district of attendance may make a written agreement to permit an elementary or high school pupil to attend a public school, including an out-of-state school, outside the school district of residence, and the school district of residence shall pay the tuition. The school district of residence shall be paid state aid as though the pupil were enrolled in the school district of residence.

AB100-engrossed, s. 2891m Section 2891m. 121.84 (1) (a) of the statutes is amended to read:

AB100-engrossed,1517,7 121.84 (1) (a) A school board may shall permit a pupil who is enrolled in a school under its jurisdiction and is a resident of the school district at the beginning of the school year to complete the school year at the school without payment of tuition, even though the pupil is no longer a resident of the school district.

AB100-engrossed, s. 2894 Section 2894. 121.845 (3) of the statutes is repealed and recreated to read:

AB100-engrossed,1517,10 121.845 (3) "School" means an organized educational activity operated by the school board and approved by the department.

AB100-engrossed, s. 2894d Section 2894d. 121.85 (4) (b) of the statutes is amended to read:

AB100-engrossed,1517,14 121.85 (4) (b) Any school board that, prior to May 4, 1976, established a plan to reduce racial imbalance in the school district is eligible for state aid under sub. (6) (a) if the department state superintendent approves the plan.

AB100-engrossed, s. 2894h Section 2894h. 121.87 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1517,20 121.87 (1) (intro.) Any school district that receives aid under this subchapter in the 1989-90 school year or in any school year thereafter shall submit a report to the department state superintendent, on a form provided by the department state superintendent, by August 15 of the following school year. The report shall include all of the following for the school year in which the school district received aid:

AB100-engrossed, s. 2894p Section 2894p. 121.87 (1) (e) of the statutes is amended to read:

AB100-engrossed,1517,23 121.87 (1) (e) Any other information requested by the department state superintendent.

AB100-engrossed, s. 2894t Section 2894t. 121.87 (2) of the statutes is amended to read:

AB100-engrossed,1518,2 121.87 (2) The department state superintendent shall develop a standard method for reporting under sub. (1).

AB100-engrossed, s. 2895 Section 2895. 121.90 (1) of the statutes is amended to read:

AB100-engrossed,1518,8 121.90 (1) "Number of pupils enrolled" means the number of pupils enrolled on the 3rd Friday of September, except that "number of pupils" excludes the number of pupils attending private schools under s. 119.23, including pupils identified in s. 121.05 (1) (a) 1. to 11., except that "number of pupils enrolled" excludes the number of pupils attending public school under s. 118.145 (4).

AB100-engrossed, s. 2896 Section 2896. 121.905 (1) of the statutes is amended to read:

AB100-engrossed,1518,12 121.905 (1) In this section, "revenue ceiling" means $5,300 $5,900 in the 1995-96 1997-98 school year and in any subsequent school year means $5,600 $6,100.

AB100-engrossed, s. 2897 Section 2897. 121.905 (3) (b) of the statutes is amended to read:

AB100-engrossed,1518,18 121.905 (3) (b) Divide the result in par. (a) by the sum of the average of the number of pupils enrolled in the 3 previous school years and the number of pupils enrolled who were school district residents and solely enrolled in a special education program provided by a county handicapped children's education board program in the previous school year.

AB100-engrossed, s. 2897m Section 2897m. 121.91 (2m) (c) (intro.) of the statutes is amended to read:

AB100-engrossed,1518,22 121.91 (2m) (c) (intro.) Except as provided in subs. (3) and, (4) and (6), no school district may increase its revenues for the 1997-98 school year to an amount that exceeds the amount calculated as follows:

AB100-engrossed, s. 2898 Section 2898. 121.91 (2m) (c) 1. of the statutes is amended to read:

AB100-engrossed,1519,4 121.91 (2m) (c) 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding funds described under sub. (4) (c), by the average of a number calculated by adding the number of pupils enrolled in the 3 previous school years, subtracting from that total the number of pupils attending private schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years, and dividing the remainder by 3.

AB100-engrossed, s. 2899 Section 2899. 121.91 (2m) (c) 4. of the statutes is amended to read:

AB100-engrossed,1519,10 121.91 (2m) (c) 4. Multiply the result under subd. 3. by the average of a number calculated by adding the number of pupils enrolled in the current and the 2 preceding school years, subtracting from that total the number of pupils attending private schools under s. 119.23 in the 3 previous school years, and dividing the remainder by 3.

AB100-engrossed, s. 2900 Section 2900. 121.91 (2m) (d) 1. of the statutes is amended to read:

AB100-engrossed,1519,18 121.91 (2m) (d) 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding funds described under sub. (4) (c), by the average of a number calculated by adding the number of pupils enrolled in the 3 previous school years, subtracting from that total the number of pupils attending charter schools under s. 118.40 (2r) and private schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years and dividing the remainder by 3.

AB100-engrossed, s. 2901 Section 2901. 121.91 (2m) (d) 4. of the statutes is amended to read:

AB100-engrossed,1519,24 121.91 (2m) (d) 4. Multiply the result under subd. 3. by the average of a number calculated by adding the number of pupils enrolled in the current and the 2 preceding school years, subtracting from that total the number of pupils attending charter schools under s. 118.40 (2r) and private schools under s. 119.23 in the 3 previous school years and dividing the remainder by 3.

AB100-engrossed, s. 2902b Section 2902b. 121.91 (3) (a) of the statutes is amended to read:

AB100-engrossed,1520,13 121.91 (3) (a) If a school board wishes to exceed the limit under sub. (1), (2) or (2m) otherwise applicable to the school district in any school year, it shall promptly adopt a resolution supporting inclusion in the final school district budget of an amount equal to the proposed excess revenue. The resolution shall specify whether the proposed excess revenue is for a recurring or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and nonrecurring purposes, the amount of the proposed excess revenue for each purpose. The school board shall call a special referendum in accordance with s. 8.065 for the purpose of submitting the resolution to the electors of the school district for approval or rejection. In lieu of a special referendum, the school board may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election, if such election is, to be held not earlier sooner than 35 days after the adoption of the resolution of the school board.