AB603: Bill Text

LRB-4182/1

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1997 - 1998 LEGISLATURE

1997 Assembly BILL 603

November 11, 1997 - Introduced by Committee on Education. Referred to Committee on Education.

AB603,1,9 An Act to repeal 20.255 (1) (jm), 20.255 (1) (js), 39.41 (1m) (c) 1. and 39.41 (1m) (f); to amend 20.255 (1) (b), 20.255 (1) (c), 20.255 (1) (d), 20.255 (1) (gt), 20.866 (2) (zh), 39.41 (1) (bm), 115.31 (1) (b), subchapter III (title) of chapter 115 [precedes 115.51], 115.52 (title), 115.52 (1), 115.52 (2), 115.52 (3), 115.52 (5), 115.52 (6), 115.52 (7), 115.53 (2), 115.53 (3), 115.53 (4) (intro.) and (a), 115.53 (4) (b), 115.53 (5), 115.53 (6), 115.54, 115.55, 115.58, 115.77 (3) (a), 115.882, 115.93 (2), 121.05 (1) (a) 8., 121.54 (3), 940.295 (1) (q) and 940.295 (2) (j); and to create 20.255 (2) (bj) and 115.88 (8m) of the statutes; relating to: eliminating the Wisconsin School for the Visually Handicapped and making an appropriation.

AB603,1,10 Analysis by the Legislative Reference Bureau

Current law requires the department of public instruction (DPI) to maintain the Wisconsin school for the visually handicapped (WSVH), whose object is to afford the visually handicapped a practical education and physical rehabilitation. Current law also provides that DPI may grant approval for the maintenance of a summer school for visually handicapped minors, that an annual summer school be held at WSVH for visually handicapped adults and that DPI may contract with the city of Janesville to use portions of the grounds of WSVH as a city park.

Under current law, counties, cooperative educational service agencies (CESAs) and school districts are eligible to receive state categorical aid as reimbursement for 63% of the costs of salaries and fringe benefits for special education teachers and consulting teachers, coordinators and paraprofessionals; 51% of the costs of salaries and fringe benefits for school psychologists and social workers; 63% of transportation costs and other special education costs approved by the department; 100% of the costs of board and lodging of nonresident children enrolled in special education programs; and 100% of the special education costs for children in hospitals and convalescent homes for the orthopedically disabled. Current law also requires that aid for special education costs of children in hospitals and convalescent homes for the orthopedically disabled be paid as a first draw on the special education appropriation. If, after this first draw, the appropriation for special education in any one year is insufficient to pay the full amount of special education aid and health treatment aid for children with exceptional educational needs, state categorical aid payments are prorated among the counties, CESAs and school districts entitled to the aid.

This bill eliminates WSVH, provides that DPI may continue to sponsor a summer school for visually handicapped adults and allows DPI, with the approval of the department of administration, to contract with the city of Janesville to use the grounds of the former WSVH as a city park. Until June 30, 2004, counties, CESAs and school districts are eligible to receive up to 100% of the costs of creating and improving programs for children with visual disabilities in state categorical aid as a 2nd draw on both the special education appropriation and the appropriation created by this bill and funded with the money saved by the elimination of WSVH. If, after this 2nd draw, the special education appropriation in any one year is insufficient to pay the full amount of aid for creating and improving new programs for children with visual disabilities, state categorical aid is prorated among the counties, CESAs and school districts entitled to the aid.

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:

AB603, s. 1 Section 1. 20.255 (1) (b) of the statutes is amended to read:

AB603,3,6 20.255 (1) (b) (title) General program operations; residential schools school. The amounts in the schedule for the operation and maintenance of the Wisconsin schools school for the deaf and the visually handicapped, including the matching of federal funds, but not including expenses financed under par. (js). All moneys received in reimbursement for services rendered institutional employes, participants in institutes and training programs and visitors at the state schools school for the deaf and the visually handicapped under s. 115.52 (6), except reimbursements credited under par. (js), shall be refunded to the appropriation made by this paragraph. Such reimbursements shall be accumulated in an account named "maintenance credits".

AB603, s. 2 Section 2. 20.255 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,3,13 20.255 (1) (c) Energy costs. The amounts in the schedule to be used at the schools school for the deaf and visually handicapped to pay for utilities and for fuel, heat and air conditioning, to pay costs incurred by or on behalf of the department under ss. 16.858 and 16.895, and to repay to the energy efficiency fund loans made to the department under s. 16.847 (6).

AB603, s. 3 Section 3. 20.255 (1) (d) of the statutes is amended to read:

AB603,3,19 20.255 (1) (d) Principal repayment and interest. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the acquisition, construction, development, enlargement or improvement of institutional facilities for the hearing impaired and visually handicapped under s. 115.52 and reference and loan library facilities under s. 43.05 (11).

AB603, s. 4 Section 4. 20.255 (1) (gt) of the statutes is amended to read:

AB603,3,24 20.255 (1) (gt) (title) Residential schools school; pupil transportation. The amounts in the schedule for the weekend transportation of pupils enrolled in the residential schools school under subch. III of ch. 115 to and from their homes. All moneys received under s. 115.53 (6) shall be credited to this appropriation.

AB603, s. 5 Section 5. 20.255 (1) (jm) of the statutes is repealed.

AB603, s. 6 Section 6. 20.255 (1) (js) of the statutes is repealed.

AB603, s. 7 Section 7. 20.255 (2) (bj) of the statutes is created to read:

AB603,4,6 20.255 (2) (bj) Programs and services for children with visual disabilities. A sum sufficient equal to the amount determined under 1997 Wisconsin Act .... (this act), section 38, for the payment of aid under s. 115.88 (8m). No moneys may be encumbered from this appropriation after June 30, 2004.

AB603, s. 8 Section 8. 20.866 (2) (zh) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,4,14 20.866 (2) (zh) (title) Public instruction; state schools school and library facilities. From the capital improvement fund, a sum sufficient for the department of public instruction to acquire, construct, develop, enlarge or improve institutional facilities for the hearing impaired and the visually handicapped and reference and loan library facilities. The state may contract public debt in an amount not to exceed $7,367,700 for this purpose.

AB603, s. 9 Section 9. 39.41 (1) (bm) of the statutes is amended to read:

AB603,4,18 39.41 (1) (bm) "Senior" means a pupil enrolled in the 12th grade in a public or private high school, or the Wisconsin school for the deaf and the Wisconsin school for the visually handicapped.

AB603, s. 10 Section 10. 39.41 (1m) (c) 1. of the statutes is repealed.

AB603, s. 11 Section 11. 39.41 (1m) (f) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB603, s. 12 Section 12. 115.31 (1) (b) of the statutes is amended to read:

AB603,5,5 115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin school for the visually handicapped, the Wisconsin school for the deaf, the Mendota mental health institute, the Winnebago mental health institute, a state center for the developmentally disabled, a private school or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

AB603, s. 13 Section 13. Subchapter III (title) of chapter 115 [precedes 115.51] of the statutes is amended to read:

AB603,5,8 CHAPTER 115

AB603,5,9 SUBCHAPTER III

AB603,5,12 STATE SCHOOLs AND SCHOLARSHIPS FOR THE HANDICAPPED school for the deaf

AB603, s. 14 Section 14. 115.52 (title) of the statutes is amended to read:

AB603,5,15 115.52 (title) Wisconsin schools for the visually handicapped and school for the deaf.

AB603, s. 15 Section 15. 115.52 (1) of the statutes is amended to read:

AB603,5,20 115.52 (1) The object of the Wisconsin school for the visually handicapped and the Wisconsin school for the deaf is to afford the visually handicapped and the deaf a practical education and physical rehabilitation which may aid them to make a living, discharge their duties as citizens and secure to them all possible happiness.

AB603, s. 16 Section 16. 115.52 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,6,2 115.52 (2) The state superintendent shall maintain and govern the school for the visually handicapped and the school for the deaf. The state superintendent may fix the period of the school year at the schools school at not less than 38 weeks, prescribe the school terms and confer diplomas upon meritorious pupils who have completed the prescribed curricula.

AB603, s. 17 Section 17. 115.52 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,6,19 115.52 (3) All the blind and the deaf residents of this state 6 to 20 years old, and for the duration of a school term all the blind or deaf residents of this state who become 21 years old during that school term, who are capable of receiving instruction shall be received and taught in the schools school free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the state superintendent at an amount not less than $75 per month, but no nonresident shall be received to the exclusion of a resident pupil. The state superintendent also may admit pupils who are 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the superintendent of the school to which the pupil will be assigned. All pupils shall equally and freely enjoy the benefits and privileges of the schools school and have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination. The schools school may provide transportation for resident pupils.

AB603, s. 18 Section 18. 115.52 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,7,2 115.52 (5) The state superintendent may grant approval for the maintenance of a summer school at the school for the deaf whenever it will be to the advantage of deaf persons and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of visually handicapped minors. There shall be a summer school each year at the school for the visually handicapped for visually handicapped adults.

AB603, s. 19 Section 19. 115.52 (6) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,7,9 115.52 (6) The state superintendent may make charges for meals, living quarters, laundry and other services furnished to employes of the schools school and their families. The state superintendent also may make charges for services furnished to visitors at the schools school and participants in training programs and institutes.

AB603, s. 20 Section 20. 115.52 (7) of the statutes is amended to read:

AB603,7,15 115.52 (7) The Wisconsin school for the deaf may provide instruction for preschool deaf children and their parents. The Wisconsin school for the visually handicapped may provide instruction for preschool visually handicapped children and their parents. Such instruction or treatment shall be subject to the approval of, and shall comply with requirements established by, the department.

AB603, s. 21 Section 21. 115.53 (2) of the statutes is amended to read:

AB603,7,23 115.53 (2) Arrange for vocational, trade or academic training for any pupil in either state the school qualified to take such training advantageously, in either a public school or technical college or a private business establishment in Janesville or Delavan. The public school and the technical college shall be paid the regular tuition for full-time attendance and proportionally for part-time attendance by the school district responsible for the pupil's placement in an appropriate program under s. 115.85 (1).

AB603, s. 22 Section 22. 115.53 (3) of the statutes is amended to read:

AB603,8,3 115.53 (3) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the schools school. The examination shall be paid for from the appropriation in s. 20.255 (1) (b).

AB603, s. 23 Section 23. 115.53 (4) (intro.) and (a) of the statutes are amended to read:

AB603,8,7 115.53 (4) (intro.) Apply to the board of directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the University of Wisconsin Hospitals and Clinics of any pupil in the state schools school.

AB603,8,10 (a) The application shall be accompanied by the report of a physician appointed by the appropriate school superintendent and shall be in the same form as reports of other physicians for admission of patients to such hospital.

AB603, s. 24 Section 24. 115.53 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,8,20 115.53 (4) (b) The net cost of hospital treatment shall be at the rate established under s. 233.40 (1) and shall be chargeable to the appropriation for operating the patient's school. The state superintendent likewise may authorize payment for the expense of transporting patients to and from the hospital. The state superintendent shall make payments for the treatment to the University of Wisconsin Hospitals and Clinics Authority. Funds collected by the state superintendent on account of the hospitalization shall be deposited in the appropriation under s. 20.255 (1) (b) for the school concerned.

AB603, s. 25 Section 25. 115.53 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,8,25 115.53 (5) Arrange for visits by members of the staff of either the school to other public schools or to families of blind or deaf children, whenever it appears to the state superintendent that such visits will be of advantage to blind or deaf children.

AB603, s. 26 Section 26. 115.53 (6) of the statutes is amended to read:

AB603,9,5 115.53 (6) Charge the school district responsible for a pupil's placement in a the school under this subchapter for the costs of transporting the pupil to and from the pupil's home on weekends. All fees received under this subsection shall be deposited in the appropriation under s. 20.255 (1) (gt).

AB603, s. 27 Section 27. 115.54 of the statutes is amended to read:

AB603,9,15 115.54 Compulsory education. If it appears, by affidavit, to any circuit judge that any blind or deaf child between the ages of 6 and 21 is deprived of a suitable education by the failure of the person having the care and custody of the child to provide a suitable education, the judge shall order the person to bring the child before the judge. If the material allegations of the affidavit are denied, the judge shall subpoena witnesses and hear testimony. If the allegations are admitted or established, the judge may, if appropriate, order the child sent to the school for the visually handicapped or for the deaf or to some class or other school for instruction, but the order shall not make a direct charge for the class or school against any county.

AB603, s. 28 Section 28. 115.55 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,9,24 115.55 Library for the blind and visually handicapped. Embossed, clear type or large type text books acquired by the school for the visually handicapped department shall constitute a circulating collection for the blind and visually handicapped. The collection shall be kept at the school and be under the supervision of its superintendent the department. All blind and visually handicapped school age children of the state may use such books upon compliance with rules made by the superintendent and approved by the with the approval of the state superintendent.

AB603, s. 29 Section 29. 115.58 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,10,11 115.58 (title) Park grounds of the former state school for the visually handicapped. The state superintendent may, with the approval of the department of administration, permit the city of Janesville to use portions of the grounds of the former state school for the visually handicapped at Janesville, which abut on the Rock river, for purposes of operating a city park. Any construction on such grounds is subject to prior approval by the state superintendent. Any agreement pursuant hereto shall be cancelable at the option of either party without liability. Any such grounds so used by the city of Janesville shall be supervised by the city and shall be subject to the ordinances of the city of Janesville applicable to city parks.

AB603, s. 30 Section 30. 115.77 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,10,16 115.77 (3) (a) Services for children with exceptional educational needs who are under the jurisdiction of the state superintendent and for the Wisconsin school for the deaf and the Wisconsin school for the visually handicapped.

AB603, s. 31 Section 31. 115.88 (8m) of the statutes is created to read:

AB603,10,25 115.88 (8m) Aid for creating and improving programs and services for children with visual disabilities. The full cost of salaries, fringe benefits and other approved costs attributable to providing new and expanded educational and related programs and services for children with visual disabilities shall be paid from the appropriation under s. 20.255 (2) (bj). If the program or service is eligible for aid under subs. (1) to (6) or (8) and under this subsection, the department shall consider it eligible for aid only under this subsection. This subsection does not apply after June 30, 2004.

AB603, s. 32 Section 32. 115.882 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,11,12 115.882 Proration of state aid. If In the 1999-2000 to 2003-04 fiscal years, if the sum of the appropriations under s. 20.255 (2) (b), (bj) and (br) in any one fiscal year is insufficient to pay the full amount of aid under ss. 115.88 and 118.255, funds in the appropriations shall be used first for the purpose of s. 115.88 (4), then for the purpose of s. 115.88 (8m), and any remaining funds shall be prorated among the counties, school districts and cooperative educational service agencies entitled thereto. In the 2004-05 fiscal year and thereafter, if the sum of the appropriations under s. 20.255 (2) (b) and (br) in any fiscal year is insufficient to pay the full amount of aid under ss. 115.88 and 118.255, state aid payments shall be prorated among the counties, school districts and cooperative education service agencies entitled thereto.

AB603, s. 33 Section 33. 115.93 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB603,11,20 115.93 (2) Subject to s. 115.882, if the appropriation under s. 20.255 (2) (b) in any year the 1999-2000 to 2003-04 fiscal years is insufficient to pay the full amount of aid under sub. (1), state aid payments shall be prorated among the entitled school districts. In the 2004-05 fiscal year and thereafter, if the appropriation under s. 20.255 (2) (b) in any fiscal year is insufficient to pay the full amount of aid under sub. (1), state aid payments shall be prorated among the entitled school districts.