AB674, s. 83
16Section
83. 119.72 (2) (d) of the statutes is amended to read:
AB674,85,2017
119.72
(2) (d) Children who have language, psychomotor development, social,
18behavioral or educational problems that warrant intervention, as determined by the
19board, other than children with
exceptional educational needs disabilities, as
20defined under s. 115.76
(3) (5).
AB674, s. 84
21Section
84. 120.13 (26m) of the statutes is amended to read:
AB674,86,222
120.13
(26m) (title)
Contracts with county
handicapped children's children
23with disabilities education boards. Contract with a county
handicapped children's 24children with disabilities education board for special education services. The costs
25of such services shall be included in the school district's shared cost under s. 121.07
1(6). This subsection applies beginning on the effective date of a resolution adopted
2under s.
115.86 115.817 (9) (c).
AB674, s. 85
3Section
85. 121.004 (10) of the statutes is amended to read:
AB674,86,94
121.004
(10) Teachers employed. "Teacher" means a person holding a license
5or certificate under s. 115.28 (7), but does not include any person under s. 115.29 (3).
6In computing the number of teachers employed, professional workers who devote
7less than full time to their professional duties shall be counted in proportion to the
8time devoted to such duties. Teachers who devote full time to
handicapped children
9with disabilities shall not be counted.
AB674, s. 86
10Section
86. 121.05 (1) (a) 1. of the statutes is amended to read:
AB674,86,1511
121.05
(1) (a) 1. Pupils enrolled concurrently in the school district and in a
12special education program operated by a county
handicapped children's children
13with disabilities education board and in facilities of the school district. This
14subdivision does not apply beginning on the effective date of a resolution adopted
15under s.
115.86 115.817 (9) (c);
AB674, s. 87
16Section
87. 121.05 (1) (a) 2. of the statutes is amended to read:
AB674,86,1817
121.05
(1) (a) 2. Pupils enrolled in home instruction or any other school district
18special education program
under s. 115.83;
AB674, s. 88
19Section
88. 121.05 (1) (a) 6. of the statutes is amended to read:
AB674,86,2320
121.05
(1) (a) 6. Pupils enrolled in a special education program operated by a
21county
handicapped children's children with disabilities education board under
22contract with the school board. This subdivision applies beginning on the effective
23date of a resolution adopted under s.
115.86 115.817 (9) (c).
AB674, s. 89
24Section
89. 121.135 (title) of the statutes is amended to read:
AB674,87,2
1121.135 (title)
State aid to county
handicapped children's children with
2disabilities education boards.
AB674,87,115
121.135
(1) If, upon receipt of the
report plan under s.
115.84 115.77 (4), the
6state superintendent is satisfied that there are children participating in a special
7education program provided by a county
handicapped children's children with
8disabilities education board, the state superintendent shall certify to the department
9of administration from the appropriation under s. 20.255 (2) (bh) in favor of the
10county
handicapped children's children with disabilities education board the
11amount determined under sub. (2), except as provided under sub. (3).
AB674, s. 91
12Section
91. 121.135 (2) (a) 1. of the statutes is amended to read:
AB674,87,2213
121.135
(2) (a) 1. "Additional general aid" means the amount determined by
14calculating the percentage of a school district's shared costs that would be paid under
15s. 121.08 if its membership included each pupil who is a resident of the school district
16and solely enrolled in a special education program provided by a county
handicapped
17children's children with disabilities education board and the school district's shared
18costs were increased by the costs of the county
handicapped children's children with
19disabilities education board program for all pupils participating in the county
20handicapped children's children with disabilities education board program who are
21residents of the school district, and multiplying the costs of the county
handicapped
22children's children with disabilities education board program by that percentage.
AB674, s. 92
23Section
92. 121.135 (2) (a) 2. of the statutes is amended to read:
AB674,88,324
121.135
(2) (a) 2. "Costs of the county
handicapped children's children with
25disabilities education board program" means the gross cost of the county
1handicapped children's children with disabilities education board program minus all
2nonduplicative revenues and other financing sources except property taxes and state
3aid paid under this section in the previous school year.
AB674, s. 93
4Section
93. 121.135 (2) (c) of the statutes is amended to read:
AB674,88,115
121.135
(2) (c) The state superintendent shall pay the additional general aid
6to the county
handicapped children's children with disabilities education board. If
7a school district is eligible for minimum aid under s. 121.10, the state superintendent
8shall pay to the county
handicapped children's children with disabilities education
9board the minimum aid amount for which the school district is eligible under s.
10121.10 for those pupils enrolled solely in the county
handicapped children's children
11with disabilities education board program who are residents of the school district.
AB674,88,2014
121.135
(3) This section does not apply beginning on the effective date of a
15resolution adopted under s.
115.86 115.817 (9) (c), except that in the school year
16beginning July 1 of the year prior to the effective date of the resolution, the state
17superintendent shall certify to the department of administration from the
18appropriation under s. 20.255 (2) (bh) in favor of the county
handicapped children's 19children with disabilities education board an amount equal to one-half the amount
20specified under sub. (2) for each pupil enrolled.
AB674,89,623
121.14
(1) State aid shall be paid to each district or county
handicapped
24children's children with disabilities education board only for those academic summer
25classes or laboratory periods for which the state superintendent has given prior
1review and approval as to the content of such classes or laboratory periods so as to
2assure that such classes and laboratory periods are only for necessary academic
3purposes. Recreational programs and team sports shall not be eligible for aid under
4this section, and pupils participating in such programs shall not be counted as pupils
5enrolled under s. 121.004 (5) nor shall costs associated with such programs be
6included in shared costs under s. 121.07 (6).
AB674, s. 96
7Section
96. 121.14 (2) (b) of the statutes is amended to read:
AB674,89,118
121.14
(2) (b) Annually on or before October 1, the school district clerk or
9chairperson of the county
handicapped children's
children with disabilities 10education board shall file with the department a report stating the summer average
11daily membership equivalent.
AB674, s. 97
12Section
97. 121.14 (3) of the statutes is amended to read:
AB674,89,1513
121.14
(3) References to county
handicapped children's children with
14disabilities education boards under subs. (1) and (2) (b) do not apply beginning on the
15effective date of a resolution adopted under s.
115.86
115.817 (9) (c).
AB674,90,318
121.41
(1) State aid. To promote a uniformly effective driver education
19program among high school and technical college pupils, each school district
20operating high school grades, each county
handicapped children's children with
21disabilities education board which provides the substantial equivalent of a high
22school education and each technical college district shall receive $100 for each pupil
23of high school age who completes a course in driver education approved by the
24department under s. 115.28 (11), but in no case may the state aid exceed the actual
25cost of instruction. If the appropriation under s. 20.255 (2) (em) is inadequate in any
1year to provide $100 per pupil, the state aid shall be prorated after the appropriation
2for administration is deducted. Such state aid shall be paid at the same time as the
3state aid under s. 121.08 is paid.
AB674,90,166
121.54
(3) (title)
Transportation for children with exceptional educational
7needs disabilities. Every school board shall provide transportation for children with
8exceptional educational needs disabilities, as defined in s. 115.76
(3) (5), to any public
9or private elementary or high school, to the Wisconsin school for the visually
10handicapped or the Wisconsin school for the deaf or to any special
educational 11education program for children with
exceptional educational needs disabilities 12sponsored by a state tax-supported institution of higher education,
including a
13technical college, regardless of distance, if the request for such transportation is
14approved by the state superintendent. Approval shall be based on whether or not the
15child can walk to school with safety and comfort. Section 121.53 shall apply to
16transportation provided under this subsection.
AB674, s. 100
17Section
100. 121.54 (4) (a) of the statutes is renumbered 121.54 (4).
AB674, s. 102
20Section
102. 121.55 (3) of the statutes is amended to read:
AB674,91,1121
121.55
(3) If the estimated cost of transporting a pupil under s. 121.54 (2) (b)
221. is more than 1.5 times the school district's average cost per pupil for bus
23transportation in the previous year, exclusive of transportation for kindergarten
24pupils during the noon hour and for
handicapped pupils
with disabilities, the school
25board may fulfill its obligation to transport a pupil under s. 121.54 (2) (b) 1. by
1offering to contract with the parent or guardian of the pupil. The contract shall
2provide for an annual payment for each pupil of not less than $5 times the distance
3in miles between the pupil's residence and the private school he or she attends, or the
4school district's average cost per pupil for bus transportation in the previous year
5exclusive of transportation for kindergarten pupils during the noon hour and for
6handicapped pupils
with disabilities, whichever is greater, but the payment shall not
7exceed the actual cost nor may the aids paid under s. 121.58 (2) (a) for the pupil
8exceed the cost thereof. A school board which intends to offer a contract under this
9subsection shall notify the parent or guardian of the private school pupil of its
10intention at least 30 days before the commencement of the school term of the public
11school district.
AB674,91,1814
121.57
(1) (b) This subsection also applies to
handicapped children
with
15disabilities. The state superintendent may grant permission for a
handicapped child
16with a disability to be transported to a school in another school district if an
17acceptable form of transportation is provided and if such school offers equal or better
18educational opportunities for the child.
AB674, s. 104
19Section
104. 121.58 (3) of the statutes is amended to read:
AB674,92,220
121.58
(3) State aid for board and lodging. A school district which provides
21board and lodging or housing under s. 121.57 (2) in lieu of transportation shall be
22paid state aid for such board and lodging or housing at the rate of not more than $6
23per week of 5 days for each pupil so boarded and lodged or housed, but not to exceed
2460% of the cost. For children with
exceptional educational needs disabilities, as
1defined in s. 115.76 (5), such state aid shall be supplemented by the state aid under
2s. 115.88 in an amount not to exceed the full cost of such board and lodging.
AB674, s. 105
3Section
105. 121.76 (1) (a) of the statutes is amended to read:
AB674,92,74
121.76
(1) (a) "Agency of service" means a school board, board of control of a
5cooperative educational service agency, county
handicapped children's children with
6disabilities education board or governing body of a nonsectarian private school or
7university model school, which provides services for which tuition may be charged.
AB674, s. 106
8Section
106. 121.76 (1) (b) of the statutes is amended to read:
AB674,92,109
121.76
(1) (b) "Pupil" includes a child with
exceptional educational needs a
10disability, as defined in
ss. s.115.76
(2) and (3) (5).
AB674,92,1813
121.77
(1) (b) If facilities are adequate, a school board, board of control of a
14cooperative educational service agency or county
handicapped children's children
15with disabilities education board may admit nonresident pupils who meet its
16entrance requirements. Nonresident pupils shall have all of the rights and privileges
17of resident pupils and shall be subject to the same rules and regulations as resident
18pupils. The agency of service shall charge tuition for each nonresident pupil.
AB674, s. 108
19Section
108. 121.78 (3) (a) of the statutes is amended to read:
AB674,92,2120
121.78
(3) (a) Special education
programs and related services under
s. 115.85
21(2) subch. V of ch. 115.
AB674, s. 109
22Section
109. 121.83 (1) (a) 3. (intro.) and b. of the statutes are amended to read:
AB674,92,2523
121.83
(1) (a) 3. (intro.) If the pupil
is enrolled in a program for children with
24exceptional educational needs receives special education and related services under
25subch. V of ch. 115:
AB674,93,2
1b. The federal and state aid for pupil transportation and
exceptional special 2education
and related services shall be added.
AB674, s. 110
3Section
110. 121.83 (1) (c) of the statutes is amended to read:
AB674,93,84
121.83
(1) (c) If the pupil
is enrolled in a program for children with exceptional
5educational needs receives special education and related services under subch. V of
6ch. 115, the special annual tuition rate is the sum of instructional and specified
7services costs unique to that program divided by the average daily membership of all
8pupils enrolled in the program, including those for whom tuition is paid.
AB674, s. 111
9Section
111. 121.905 (3) (a) of the statutes is amended to read:
AB674,93,1710
121.905
(3) (a) Calculate the sum of the amount of aid received under ss.
11121.08, 121.10 and 121.105 and subch. VI in the previous school year and property
12taxes levied for the previous school year, excluding funds described under s. 121.91
13(4) (c), and the costs of the county
handicapped children's children with disabilities 14education board program, as defined in s. 121.135 (2) (a) 2., for pupils who were
15school district residents and solely enrolled in a special education program provided
16by a county
handicapped children's children with disabilities education board in the
17previous school year.
AB674,93,2420
121.905
(3) (b) Divide the result in par. (a) by the sum of the average of the
21number of pupils enrolled in the 3 previous school years and the number of pupils
22enrolled who were school district residents and solely enrolled in a special education
23program provided by a county
handicapped children's
children with disabilities 24education board program in the previous school year.
AB674,94,193
121.91
(4) (a) 3. Notwithstanding subd. 2., if a school board increases the
4services that it provides by adding responsibility for providing a service that is
5transferred to it from another governmental unit for a child with
exceptional
6educational needs a disability, as defined in s. 115.76
(3) (5), or for a limited-English
7speaking pupil, as defined in s. 115.955 (7), the limit otherwise applicable under sub.
8(2m) in the current school year is increased by an amount equal to the estimated cost
9of providing the service less the estimated amount of aid that the school district will
10receive for the child or pupil in the following school year under s. 115.88
(1) (1m) to
11(6) and (8), 115.995 or 118.255, as determined by the state superintendent. A school
12board that transfers or receives responsibility for providing a service under this
13subdivision shall notify the state superintendent. A school board that transfers
14responsibility for providing a service under this subdivision shall provide the state
15superintendent with an estimate of the reduction in cost attributable to the transfer,
16even if that estimate is zero. The state superintendent shall notify the transferring
17school district when a receiving school district notifies the state superintendent that
18it has received responsibility for providing a service transferred to it under this
19subdivision.
AB674, s. 114
20Section
114. 253.02 (1) (a) of the statutes is amended to read:
AB674,94,2521
253.02
(1) (a) "Children with special health care needs" means children who
22have health problems that require intervention beyond routine and basic care,
23including children with or at risk for disabilities,
handicapping conditions, chronic
24illnesses and conditions, health-related educational problems and health-related
25behavioral problems.
AB674, s. 115
1Section
115. 253.12 (1) (g) of the statutes is amended to read:
AB674,95,52
253.12
(1) (g) "Other severe disability" means a severe sensory impairment,
3severe
physical handicap orthopedic impairment or developmental delay that
4results from injury, infection or disease, is chronic in nature and requires long-term
5care.
AB674, s. 116
6Section
116. 254.162 (1) (d) of the statutes is amended to read:
AB674,95,107
254.162
(1) (d) School-based programs serving children under 6 years of age,
8including kindergartens,
programs special education and related services for
9children with
exceptional educational needs disabilities, as defined in s. 115.76 (5), 10and other early childhood programs.
AB674,95,1513
340.01
(56) (a) 4. Children
with disabilities, as defined under s. 115.76
(2) with
14exceptional educational needs of a type specified under s. 115.76 (3) (a) to (L) (5), to
15or from an educational program approved by the department of public instruction.
AB674, s. 118
16Section
118. 346.475 of the statutes is amended to read:
AB674,95,22
17346.475 (title)
Human service vehicles; loading or unloading
18handicapped children with disabilities. No person who operates a human
19service vehicle may stop to load or unload passengers who are
handicapped children
20with disabilities unless the vehicle is entirely off the traveled portion of the roadway
21in an area where stopping, standing or parking is not prohibited and the children do
22not have to cross the roadway in order to be loaded or unloaded.
AB674,96,13
1448.56
(1) Written referral. Except as provided in this subsection and s.
2448.52, a person may practice physical therapy only upon the written referral of a
3physician, chiropractor, dentist or podiatrist. Written referral is not required if a
4physical therapist provides services in schools to children with
exceptional
5educational needs disabilities, as defined in s. 115.76 (5), pursuant to rules
6promulgated by the department of public instruction; provides services as part of a
7home health care agency; provides services to a patient in a nursing home pursuant
8to the patient's plan of care; provides services related to athletic activities,
9conditioning or injury prevention; or provides services to an individual for a
10previously diagnosed medical condition after informing the individual's physician,
11chiropractor, dentist or podiatrist who made the diagnosis. The affiliated
12credentialing board may promulgate rules establishing additional services that are
13excepted from the written referral requirements of this subsection.
AB674, s. 120
14Section
120. 814.04 (intro.) of the statutes is amended to read:
AB674,96,18
15814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 106.04 (6) (i)
16and (6m) (a),
115.80 (9), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2),
17895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed
18costs shall be as follows:
AB674, s. 121
19Section
121. 904.085 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
20.... (Senate Bill 272), is amended to read:
AB674,97,221
904.085
(2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation
22under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. or 111.87, mediation
23under s.
115.812 115.797, negotiation under s. 289.33 (9), mediation under ch. 655
24or s. 767.11, or any similar statutory, contractual or court-referred process
1facilitating the voluntary resolution of disputes. "Mediation" does not include
2binding arbitration or appraisal.
AB674, s. 122
3Section
122. 938.34 (7d) (d) of the statutes is amended to read:
AB674,97,54
938.34
(7d) (d) This subsection does not apply to a juvenile
who is a child with
5exceptional educational needs a disability, as defined under s. 115.76
(3) (5).
AB674, s. 123
6Section
123. 938.345 (1) (e) of the statutes is amended to read:
AB674,97,107
938.345
(1) (e) Place any juvenile not specifically found under chs. 46, 49, 51,
8115 and 880 to be developmentally disabled
, or mentally ill or to
have exceptional
9educational needs be a child with a disability, as defined in s. 115.76 (5), in facilities
10which exclusively treat those categories of juveniles.
AB674, s. 124
11Section
124.
Effective dates. This act takes effect on the day after
12publication, except as follows:
AB674,97,1413
(1)
The treatment of section 46.21 (1) (d) of the statutes takes effect on January
141, 1998, or on the day after publication, whichever is later.