SB310: Bill Text

LRB-3733/2

MJL:mfd:ijs

1997 - 1998 LEGISLATURE

1997 Senate BILL 310

September 30, 1997 - Introduced by Committee on Education, by request of the Department of Public Instruction. Referred to Committee on Education.

SB310,1,10 An Act to repeal 20.255 (1) (jm), 20.255 (1) (js), 20.255 (2) (u), 25.40 (2) (b) 5., 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), 115.53 (5), 115.53 (6), 115.54, 115.55, 115.58, 115.77 (3) (a), 115.88 (2), 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.

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. If 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 first 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 first 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:

SB310, s. 1 Section 1. 20.255 (1) (b) of the statutes is amended to read:

SB310,3,2 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".

SB310, s. 2 Section 2. 20.255 (1) (c) of the statutes is amended to read:

SB310,3,8 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 s. 16.895, and to repay to the energy efficiency fund loans made to the department under s. 16.847 (6).

SB310, s. 3 Section 3. 20.255 (1) (d) of the statutes is amended to read:

SB310,3,14 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).

SB310, s. 4 Section 4. 20.255 (1) (gt) of the statutes is amended to read:

SB310,3,19 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.

SB310, s. 5 Section 5. 20.255 (1) (jm) of the statutes is repealed.

SB310, s. 6 Section 6. 20.255 (1) (js) of the statutes is repealed.

SB310, s. 7 Section 7. 20.255 (2) (bj) of the statutes is created to read:

SB310,4,2 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 40, for the payment of aid under s. 115.88 (8m). No moneys may be encumbered from this appropriation after June 30, 2004.

SB310, s. 8 Section 8. 20.255 (2) (u) of the statutes is repealed.

SB310, s. 9 Section 9. 20.866 (2) (zh) of the statutes is amended to read:

SB310,4,10 20.866 (2) (zh) (title) Education; state schools school and library facilities. From the capital improvement fund, a sum sufficient for the department of education 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.

SB310, s. 10 Section 10. 25.40 (2) (b) 5. of the statutes is repealed.

SB310, s. 11 Section 11. 39.41 (1) (bm) of the statutes is amended to read:

SB310,4,15 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.

SB310, s. 12 Section 12. 39.41 (1m) (c) 1. of the statutes is repealed.

SB310, s. 13 Section 13. 39.41 (1m) (f) of the statutes is repealed.

SB310, s. 14 Section 14. 115.31 (1) (b) of the statutes is amended to read:

SB310,5,2 115.31 (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).

SB310, s. 15 Section 15. Subchapter III (title) of chapter 115 [precedes 115.51] of the statutes is amended to read:

SB310,5,5 CHAPTER 115

SB310,5,6 SUBCHAPTER III

SB310,5,9 STATE SCHOOLs AND SCHOLARSHIPS FOR THE HANDICAPPED school for the deaf

SB310, s. 16 Section 16. 115.52 (title) of the statutes is amended to read:

SB310,5,12 115.52 (title) Wisconsin schools for the visually handicapped and school for the deaf.

SB310, s. 17 Section 17. 115.52 (1) of the statutes is amended to read:

SB310,5,17 115.52 (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.

SB310, s. 18 Section 18. 115.52 (2) of the statutes is amended to read:

SB310,5,23 115.52 (2) The department state superintendent shall maintain and govern the school for the visually handicapped and the school for the deaf. The department 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.

SB310, s. 19 Section 19. 115.52 (3) of the statutes is amended to read:

SB310,6,15 115.52 (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 department 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 department 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.

SB310, s. 20 Section 20. 115.52 (5) of the statutes is amended to read:

SB310,6,22 115.52 (5) The department 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.

SB310, s. 21 Section 21. 115.52 (6) of the statutes is amended to read: