AB674: Bill Text

AB674,71,19 (3) Board and lodging aid. There shall be paid the amount expended for board and lodging and transportation between the boarding home and the special education program of nonresident children enrolled under s. 115.82 (1) in the special education program. The department shall certify the full amount to the department of administration which shall pay such amount from the appropriation under s. 20.255 (2) (b) to the school district, cooperative educational service agency, county children with disabilities education board, state agency of another state or private, nonsectarian special education service which operates the special education program while providing board, lodging and transportation.

AB674,72,2 (4) Hospitals and convalescent home aid. The full cost of special education for children in hospitals and convalescent homes for orthopedically disabled children shall be paid from the appropriation under s. 20.255 (2) (b). The supervision of such instruction shall be under the department and the school board of the school district in which the hospital or convalescent home is located. The school board of the district in which the hospital or convalescent home is located shall submit to the department an itemized statement of all revenues and expenditures for the actual cost of such instruction and any other information it requires.

AB674,72,6 (6) Aid for instruction outside of district. From the appropriation under s. 20.255 (2) (b) there shall be paid the full cost of salary and travel expenses, in amounts determined in advance by the state superintendent, to school districts for providing special education outside the school district of employment.

AB674,72,9 (7) Offsetting receipts. In any school year, the following revenues shall be deducted from costs aidable under this section before aids are calculated under this section:

AB674,72,11 (a) Any federal operational revenues expended on costs aidable under this section.

AB674,72,15 (b) That portion of state tuition payments attributable to the special annual tuition rate under s. 121.83 (1) (c), regardless of the school year in which the services were provided. The tuition revenues shall be allocated to the most appropriate part of a program.

AB674,72,25 (8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.51 a sum equal to the percentage of the approved costs under subs. (1) and (2) of the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program. The department of administration shall pay the amount to the school district from the appropriation under s. 20.255 (2) (b).

AB674,73,4 (9) Distribution schedule. Each county, cooperative educational service agency and school district entitled to state aid under this section shall receive 15% of its total aid entitlement in each month from November to March and 25% of its total entitlement in June.

AB674,73,10 115.882 Proration of state aid. If the sum of the appropriations under s. 20.255 (2) (b) and (br) in any one 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) and any remaining funds shall be prorated among the counties, school districts and cooperative educational service agencies entitled thereto.

AB674,73,14 115.897 Exhaustion of remedies. Before the filing of a civil action under any federal law seeking any relief that is also available under this subchapter, the procedures under s. 115.80 shall be exhausted to the same extent as would be required had the action been brought under this subchapter.

AB674,73,15 115.90 Noncompliance; remedies.

AB674,73,19 (1) If, as the result of a monitoring procedure or a complaint investigation, the state superintendent finds that a local educational agency has violated this subchapter, the state superintendent may require the local educational agency to submit a corrective plan addressing the violation.

AB674,73,24 (2) If the state superintendent, after reasonable notice and an opportunity for a hearing, finds that a local educational agency has failed to comply with any requirement in this subchapter, the state superintendent shall reduce or eliminate special education aid to the local educational agency until he or she is satisfied that the local educational agency is complying with that requirement.

AB674,74,5 (3) If the state superintendent finds that a corrective plan under sub. (1) has not been implemented, or that withholding aid under sub. (2) has been inadequate to ensure compliance with this subchapter, the state superintendent shall request the attorney general to proceed against the local educational agency for injunctive or other appropriate relief.

AB674, s. 51 Section 51. 116.08 (4) of the statutes is amended to read:

AB674,74,16 116.08 (4) Whenever an agency performs any service or function under chs. 115 to 121 by contract with a county board or any agency thereof, with a school board or with a county handicapped children's children with disabilities education board, the contract may authorize the agency to make claim for and receive the state aid for performing the service or function. The agency shall transmit a certified copy of the contract containing the authority to collect state aid to the department. When an agency receives the state aid, it shall pay over or credit the amount of state aid received to the proper county or agency thereof, school district or county handicapped children's children with disabilities education board for which the service or function was performed according to the contract therefor.

AB674, s. 52 Section 52. 118.15 (1) (dm) of the statutes is amended to read:

AB674,74,24 118.15 (1) (dm) The school board shall render its decision, in writing, within 90 days of a request under par. (d), except that if the request relates to a child who has been examined by a multidisciplinary evaluated by an individualized education program team under s. 115.80 115.782 and has not been recommended for special education, the school board shall render its decision within 30 days of the request. If the school board denies the request, the school board shall give its reasons for the denial.

AB674, s. 53 Section 53. 118.15 (3) (a) of the statutes is amended to read:

AB674,75,10 118.15 (3) (a) Any child who is excused by the school board because the child is temporarily not in proper physical or mental condition to attend a school or an educational program under s. 115.85 (2), but who can be expected to return to a school or the program upon termination or abatement of the illness or condition. The school attendance officer may request the parent or guardian of the child to obtain a written statement from a licensed physician, dentist, chiropractor, optometrist or psychologist or Christian Science practitioner living and residing in this state, who is listed in the Christian Science Journal, as sufficient proof of the physical or mental condition of the child. An excuse under this paragraph shall be in writing and shall state the time period for which it is valid, not to exceed 30 days.

AB674, s. 54 Section 54. 118.15 (3) (b) of the statutes is amended to read:

AB674,75,18 118.15 (3) (b) Any child excused by the school board in accordance with the school board's written attendance policy under s. 118.16 (4) and with the written approval of the child's parent or guardian. The child's truancy, discipline or school achievement problems or exceptional educational needs disabilities as described in s. 115.76 (3) (5) may not be used as the reason for an excuse under this paragraph. The excuse shall be in writing and shall state the time period for which it is effective, not to extend beyond the end of the current school year.

AB674, s. 55 Section 55. 118.15 (4m) of the statutes is repealed and recreated to read:

AB674,75,24 118.15 (4m) No school board, board of control of a cooperative educational service agency or county children with disabilities education board, or person employed by a school board, cooperative educational service agency or county children with disabilities education board, may in any manner compel a pregnant girl to withdraw from her educational program.

AB674, s. 56 Section 56. 118.22 (1) (a) of the statutes is amended to read:

AB674,76,4 118.22 (1) (a) "Board" means a school board, technical college district board, board of control of a cooperative educational service agency or county handicapped children's children with disabilities education board, but does not include any board of school directors in a city of the 1st class.

AB674, s. 57 Section 57. 118.255 (2) (a) of the statutes is amended to read:

AB674,76,19 118.255 (2) (a) If a school board, cooperative educational service agency or county handicapped children's children with disabilities education board provides physical or mental health treatment services to its pupils, it may also provide such services within the private school facilities to those private school pupils who are referred to the public school board, cooperative educational service agency or county handicapped children's children with disabilities education board by the administrator of a private school for evaluation for possible servicing. There shall be no charge for health treatment services provided to any pupils unless public school students or their parents are charged for similar services. For purposes of state aid, as it is provided under s. 115.88 to the public school district, for the health treatment service program, private school pupils receiving such health treatment services shall be counted among the pupils of the public school district receiving such services, although each child may receive health treatment services within the child's own school facilities, whether public or private.

AB674, s. 58 Section 58. 118.255 (2) (b) of the statutes is amended to read:

AB674,77,5 118.255 (2) (b) A school board, cooperative educational service agency, or county handicapped children's children with disabilities education board providing services under this section may enter into agreements with the administrator of a private school on the scheduling, space and other necessary arrangements for performance of such health treatment services. A school board, cooperative educational service agency or county handicapped children's children with disabilities education board shall not pay any private school for any services or facilities provided under this section. Control of the health treatment services program shall rest with the public school board, cooperative educational service agency or county handicapped children's children with disabilities education board.

AB674, s. 59 Section 59. 118.255 (2) (c) of the statutes is amended to read:

AB674,77,10 118.255 (2) (c) A school board, cooperative educational service agency or county handicapped children's children with disabilities education board may provide health treatment services only within private school facilities located within the boundaries of the school district, cooperative educational service agency or county.

AB674, s. 60 Section 60. 118.255 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674,77,16 118.255 (3) The school board, cooperative educational service agency or county handicapped children's children with disabilities education board maintaining health treatment services shall report annually to the department, and at such other times as the department directs, such information as the department requires.

AB674, s. 61 Section 61. 118.255 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674,78,5 118.255 (4) If the state superintendent is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each school board, cooperative educational service agency and county handicapped children's children with disabilities education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in s. 115.88 (1) (1m) by the school board, cooperative educational service agency and county handicapped children's children with disabilities education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county handicapped children's children with disabilities education board.

AB674, s. 62 Section 62. 118.29 (2) (a) (intro.) of the statutes is amended to read:

AB674,78,14 118.29 (2) (a) (intro.) Notwithstanding chs. 441, 447, 448 and 450, a school bus operator validly authorized under ss. 343.12 and 343.17 (3) (c) to operate the school bus he or she is operating, any school employe or volunteer, county handicapped children's children with disabilities education board employe or volunteer or cooperative educational service agency employe or volunteer authorized in writing by the administrator of the school district, the board or the agency, respectively, or by a school principal, and any private school employe or volunteer authorized in writing by a private school administrator or private school principal:

AB674, s. 63 Section 63. 118.29 (2) (b) of the statutes is amended to read:

AB674,78,21 118.29 (2) (b) Any school district administrator, county handicapped children's children with disabilities education board administrator, cooperative educational service agency administrator, public or private school principal or private school administrator who authorizes an employe or volunteer to administer a drug or prescription drug to a pupil under par. (a) is immune from civil liability for the act of authorization unless it constitutes a high degree of negligence.

AB674, s. 64 Section 64. 118.29 (3) of the statutes is amended to read:

AB674,79,6 118.29 (3) Emergency care; civil liability exemption. Any school bus operator validly authorized under ss. 343.12 and 343.17 (3) (c) to operate the school bus he or she is operating and any public or private school employe or volunteer, county handicapped children's children with disabilities education board employe or volunteer or cooperative educational service agency employe or volunteer, other than a health care professional, who in good faith renders emergency care to a pupil of a public or private school is immune from civil liability for his or her acts or omissions in rendering such emergency care. The immunity from civil liability provided under this subsection is in addition to and not in lieu of that provided under s. 895.48 (1).

AB674, s. 65 Section 65. 118.29 (4) of the statutes is amended to read:

AB674,79,21 118.29 (4) Written policies. Any school board, county handicapped children's children with disabilities education board, cooperative educational service agency or governing body of a private school whose employes or volunteers may be authorized to administer drugs or prescription drugs to pupils under this section shall adopt a written policy governing the administration of drugs and prescription drugs to pupils. In developing the policy, the school board, board, agency or governing body shall seek the assistance of one or more appropriate health care professionals who are employes of the school board, board, agency or governing body or are providing services or consultation under s. 121.02 (1) (g). The policy shall include procedures for obtaining and filing in the school or other appropriate facility the written instructions and consent required under sub. (2) (a), for the periodic review of such written instructions, for the storing of drugs and prescription drugs, for record keeping and for the appropriate instruction of persons who may be authorized to administer drugs or prescription drugs to pupils under this section.

AB674, s. 66 Section 66. 118.295 of the statutes is amended to read:

AB674,80,4 118.295 Suicide intervention; civil liability exemption. Any school board, private school, county handicapped children's children with disabilities education board or cooperative educational service agency, and any officer, employe or volunteer thereof, who in good faith attempts to prevent suicide by a pupil is immune from civil liability for his or her acts or omissions in respect to the suicide or attempted suicide. The civil liability immunity provided in this section is in addition to and not in lieu of that provided under s. 895.48 (1).

AB674, s. 67 Section 67. 118.30 (2) (b) 1. of the statutes is repealed and recreated to read:

AB674,80,7 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board shall comply with s. 115.77 (1) (bg).

AB674, s. 68 Section 68. 118.31 (1) of the statutes is amended to read:

AB674,80,15 118.31 (1) In this section, "corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. "Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. "Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.80 (4) (a) 115.787 or reasonable physical activities associated with athletic training.

AB674, s. 69 Section 69. 118.33 (2) (m) of the statutes is amended to read:

AB674,80,19 118.33 (2) (m) Adopt policies to accommodate pupils with exceptional educational interests, needs or requirements, not limited to children with exceptional educational needs disabilities, as defined under s. 115.76 (3) (5).

AB674, s. 70 Section 70. 118.51 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,80,23 118.51 (1) (a) "Child with exceptional educational needs a disability" has the meaning given in s. 115.76 (3) (5).

AB674, s. 71 Section 71. 118.51 (5) (a) 4. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,81,6 118.51 (5) (a) 4. Whether the special education program or related services described in the child's individualized education program under s. 115.80 (4) 115.787 (2) are available in the nonresident school district or whether there is space available in the special education program identified in the child's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board.

AB674, s. 72 Section 72. 118.51 (5) (a) 5. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

AB674, s. 73 Section 73. 118.51 (5) (a) 6. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,81,15 118.51 (5) (a) 6. Whether the child has been reported referred to his or her resident school board under s. 115.80 115.777 (1) or identified by his or her resident school board under s. 115.80 (2) 115.77 (1m) (a) but not yet evaluated by a multidisciplinary an individualized education program team appointed by his or her resident school board under s. 115.80 (3) 115.78 (1).

AB674, s. 74 Section 74. 118.51 (12) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,82,5 118.51 (12) Special education program or related services. (a) Unavailable after enrollment. If the individualized education program for a pupil, developed or revised under s. 115.80 (4) 115.787 after a child begins attending public school in a nonresident school district under this section, requires a special education program or related service that is not available in the nonresident school district or if there is no space available in the special education program identified in the child's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board, the nonresident school board may notify the child's parent and the child's resident school board that the program or service is not available in the nonresident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under ss. 115.80 (4m) and 115.85 s. 115.79 (2).

AB674,82,18 (b) Undue financial burden. 1. If the costs of the special education program or services required in the individualized education program under s. 115.80 (4) 115.787 (2) for a child with exceptional educational needs a disability whose parent has submitted an application under sub. (3) (a), as proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil special education program or services costs for children with exceptional educational needs disabilities continuing to be served by the resident school district, the child's resident school board may notify the child's parent and the nonresident school board by the first Friday following the first Monday in April that the pupil may not attend the nonresident school district to which the child has applied.

AB674,83,11 2. If the costs of the special education program or services required in an individualized education program for a pupil, developed or revised under s. 115.80 (4) 115.787 after a child begins attending public school in a nonresident school district under this section, as implemented or proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil special education program or services costs for children with exceptional educational needs disabilities continuing to be served by the resident school district, the child's resident school board may notify the pupil's parent and the nonresident school board that the program or services impose such an undue financial burden on the resident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under ss. 115.80 (4m) and 115.85 s. 115.79 (2). The pupil's parent may appeal a required transfer under this subdivision to the department within 30 days after receipt of the notice. The department shall affirm the resident school board's determination unless the department finds that the determination was arbitrary or unreasonable.

AB674, s. 75 Section 75. 118.51 (13m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,83,18 118.51 (13m) Participation in certain programs. A pupil attending a public school in a nonresident school district under this section shall be considered a resident of the nonresident school district for the purposes of participating in programs of a cooperative educational service agency or a county handicapped children's children with disabilities education board.

AB674, s. 76 Section 76. 118.51 (14) (a) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,83,25 118.51 (14) (a) 2. If the pupil is a child with exceptional educational needs a disability and transportation of the pupil is required in the individualized education program developed for the child under s. 115.80 (4) 115.787 (2) or is required under s. 121.54 (3), the nonresident school district shall provide such transportation for the child.

AB674, s. 77 Section 77. 118.51 (17) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,84,9 118.51 (17) Special Education Tuition. The resident school board shall pay to the nonresident school board, for each child who is attending public school in the nonresident school district under this section and is enrolled in a program for children with exceptional educational needs disabilities, tuition calculated using the daily tuition rate under s. 121.83 for children enrolled in such programs in the nonresident school district, or an amount agreed to by the school boards of the 2 school districts.

AB674, s. 78 Section 78. 118.52 (6) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,84,16 118.52 (6) (a) Individualized education program requirements. The school board of a pupil's resident school district shall reject a pupil's application to attend a course in a public school in a nonresident school district if the resident school board determines that the course conflicts with the individualized education program for the pupil under s. 115.80 (4) 115.787 (2).

AB674, s. 79 Section 79. 118.55 (7r) (am) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,84,23 118.55 (7r) (am) A school board may refuse to permit a pupil to attend a technical college under this subsection if the pupil is a child with exceptional educational needs a disability, as defined in s. 115.76 (3) (5), and the school board determines that the cost to the school district under par. (dm) would impose an undue financial burden on the school district.

AB674, s. 80 Section 80. 118.55 (7r) (dm) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB674,85,4 118.55 (7r) (dm) If a pupil who is attending a technical college under this subsection is a child with exceptional educational needs a disability, as defined in s. 115.76 (3) (5), the payment under par. (d) shall be adjusted to reflect the cost of any special services required for the pupil.

AB674, s. 81 Section 81. 119.18 (20) of the statutes is amended to read:

AB674,85,9 119.18 (20) Diplomas. The board may grant diplomas in testimony of the completion of high school or special education requirements, including the requirements of special schools established under s. 119.28 and special classes, centers or services established under s. 115.83.

AB674, s. 82 Section 82. 119.28 (1) of the statutes is amended to read:

AB674,85,15 119.28 (1) The board shall establish and maintain such special schools for children with exceptional educational needs disabilities, as defined in s. 115.76 (3) (5), as are required to accommodate pupils of school age desiring to attend school. The board shall prescribe the courses of study and the educational and other activities in special schools.

AB674, s. 83 Section 83. 119.72 (2) (d) of the statutes is amended to read:

AB674,85,20 119.72 (2) (d) Children who have language, psychomotor development, social, behavioral or educational problems that warrant intervention, as determined by the board, other than children with exceptional educational needs disabilities, as defined under s. 115.76 (3) (5).

AB674, s. 84 Section 84. 120.13 (26m) of the statutes is amended to read:

AB674,86,2 120.13 (26m) (title) Contracts with county handicapped children's children with disabilities education boards. Contract with a county handicapped children's children with disabilities education board for special education services. The costs of such services shall be included in the school district's shared cost under s. 121.07 (6). This subsection applies beginning on the effective date of a resolution adopted under s. 115.86 115.817 (9) (c).

AB674, s. 85 Section 85. 121.004 (10) of the statutes is amended to read:

AB674,86,9 121.004 (10) Teachers employed. "Teacher" means a person holding a license or certificate under s. 115.28 (7), but does not include any person under s. 115.29 (3). In computing the number of teachers employed, professional workers who devote less than full time to their professional duties shall be counted in proportion to the time devoted to such duties. Teachers who devote full time to handicapped children with disabilities shall not be counted.

AB674, s. 86 Section 86. 121.05 (1) (a) 1. of the statutes is amended to read:

AB674,86,15 121.05 (1) (a) 1. Pupils enrolled concurrently in the school district and in a special education program operated by a county handicapped children's children with disabilities education board and in facilities of the school district. This subdivision does not apply beginning on the effective date of a resolution adopted under s. 115.86 115.817 (9) (c);

AB674, s. 87 Section 87. 121.05 (1) (a) 2. of the statutes is amended to read:

AB674,86,18 121.05 (1) (a) 2. Pupils enrolled in home instruction or any other school district special education program under s. 115.83;