AB367: Bill Text

LRB-2866/1

PG:cmh:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 367

June 3, 1999 - Introduced by Representatives Duff, Olsen and Ziegelbauer, cosponsored by Senators Breske and Darling, by request of Department of Public Instruction. Referred to Committee on Education Reform.

AB367,1,8 An Act to renumber 121.84 (2); to renumber and amend 121.81 (1), 121.84 (1) (a) and 121.84 (3); to amend 115.77 (1), 115.77 (4) (j) 10., 115.777 (1), 115.78 (1), 115.782 (2) (d), 115.787 (3) (d), 115.79 (2), 115.792 (1) (b), 115.792 (3) (a), 115.80 (8), 115.82 (2) (b), 115.88 (8), 118.51 (3) (a) 1. and 2., 118.51 (5) (a) 4., 118.51 (9), 118.51 (12), 118.51 (17), 121.05 (1) (a) 11., 121.54 (10), 121.58 (2) (a), 121.58 (4) and 121.77 (3); and to create 121.81 (1) (a) and (b), 121.84 (1) (a) 2. and 121.84 (4) of the statutes; relating to: school district open enrollment and tuition waivers and payments.

Analysis by the Legislative Reference Bureau

Under current law, a school board must permit a pupil who was a resident of and enrolled in the school district at the beginning of a school year to complete the school year at the school he or she is attending without paying tuition, even though the pupil is no longer a resident of the school district.

This bill allows a school board to waive tuition in the circumstances described above. The bill requires a school board to permit a pupil who was a school district resident on the third Friday in September or the second Friday in January of the current school year and who has been enrolled in the school district for at least 20 school days during the current school year to complete the current school year at the school he or she is attending without paying tuition, even though the pupil is no longer a school district resident. The school district that the pupil is attending counts the pupil for state aid purposes.

The bill also requires a school board to allow a pupil who is a resident of this state and to whom all of the following apply to attend school in the school district in the current school year without paying tuition:

1. The pupil was a resident of the school district on the second Friday in January of the previous school year.

2. The pupil who enrolled in the school district continuously from the second Friday in January of the previous school year to the end of that school term.

3. The pupil ceased to be a resident of the school district after the first Monday in February of the previous school year.

If a pupil attends school outside his or her school district of residence under this provision, the school district in which the pupil resides counts the pupil for state aid purposes. In addition, a number of provisions that currently apply when a pupil attends school outside his or her school district of residence under the open enrollment program also apply in these circumstances. For example, if the pupil is a child with a disability and his or her individualized education program requires special education that is not available in the nonresident school district, the pupil may be transferred to his or her resident school district. Also, in most circumstances the parent or guardian of the pupil is responsible for transporting the pupil to and from school in the nonresident school district.

Finally, the bill provides that in most cases, the local educational agency that is responsible for ensuring a free, appropriate public education to a child with a disability who is attending a public school outside his or her school district of residence is the school district that the child is attending.

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:

AB367, s. 1 Section 1. 115.77 (1) of the statutes is amended to read:

AB367,2,5 115.77 (1) In sub. (1m) (a) to (d), except as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), "local educational agency" means the school district that the child is attending.

AB367, s. 2 Section 2. 115.77 (4) (j) 10. of the statutes is amended to read:

AB367,3,4 115.77 (4) (j) 10. If the local educational agency is a school district, the number of children with disabilities who attend the school district under s. ss. 118.51 and 121.84 (1) (a) and (4), the disability of each such child and the special education or related services received by each such child.

AB367, s. 3 Section 3. 115.777 (1) of the statutes is amended to read:

AB367,3,13 115.777 (1) (a) A physician, nurse, psychologist, social worker or administrator of a social agency who reasonably believes that a child brought to him or her for services has a disability shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending.

AB367,3,21 (b) A person who is required to be licensed under s. 115.28 (7), who is employed by a local educational agency and who reasonably believes a child has a disability, shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district that the child is attending but the child is a nonresident attending a public school in that school district under s. 118.51 or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide the name of the child and related information to the school board of the child's school district of residence.

AB367,4,4 (c) Any person other than those specified under par. (a) or (b) who reasonably believes that a child is a child with a disability may refer the child to a local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending.

AB367, s. 4 Section 4. 115.78 (1) of the statutes is amended to read:

AB367,4,9 115.78 (1) Definition. In this section, for a child who is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), "local educational agency" means the school board of the school district that the child is attending.

AB367, s. 5 Section 5. 115.782 (2) (d) of the statutes is amended to read:

AB367,4,17 115.782 (2) (d) If the a child being evaluated is attending a public school in a nonresident school district under s. 118.51, as part of or 121.84 (1) (a) or (4), when the individualized education program team conducts its initial evaluation of the child and as part of or any reevaluation of the child under sub. (4), the individualized education program team shall collaborate with appropriate personnel include at least one person designated by the school board of the child's school district of residence who has knowledge or special expertise about the child.

AB367, s. 6 Section 6. 115.787 (3) (d) of the statutes is amended to read:

AB367,4,24 115.787 (3) (d) If a child is attending a public school in a nonresident school district under s. 118.51, or 121.84 (1) (a) or (4), when the individualized education program team for the child shall develop develops the child's individualized education program in collaboration with appropriate personnel, the team shall include at least one person designated by the school board of the school district in which the child resides who has knowledge or special expertise about the child.

AB367, s. 7 Section 7. 115.79 (2) of the statutes is amended to read:

AB367,5,7 115.79 (2) An educational placement is provided to implement a child's individualized education program. Except as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide an educational placement for the child and shall pay tuition charges instead of the school district in which the child resides if required by the placement.

AB367, s. 8 Section 8. 115.792 (1) (b) of the statutes is amended to read:

AB367,5,15 115.792 (1) (b) The local educational agency shall establish and maintain procedures to ensure that a child's parents are provided prior written notice whenever the local educational agency proposes to initiate or change, or refuses to initiate or change, the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child. In this paragraph, "local educational agency" includes the nonresident school district that a child is attending under s. 118.51 or 121.84 (1) (a) or (4).

AB367, s. 9 Section 9. 115.792 (3) (a) of the statutes is amended to read:

AB367,5,19 115.792 (3) (a) In this subsection, "local educational agency" includes the nonresident school district that a child is attending under s. 118.51 or 121.84 (1) (a) or (4).

AB367, s. 10 Section 10. 115.80 (8) of the statutes is amended to read:

AB367,6,3 115.80 (8) Except as provided in 20 USC 1415 (k), during the pendency of any proceedings under this section, the local educational agency may not change the educational placement of a child unless the child's parents agree to the change. If the child is applying for initial admission to a public school, the child shall, with the consent of the child's parents, be placed in the public school program until all proceedings under this section have been completed. In this subsection, "local educational agency" includes the nonresident school district that a child is attending under s. 118.51 or 121.84 (1) (a) or (4).

AB367, s. 11 Section 11. 115.82 (2) (b) of the statutes is amended to read:

AB367,6,7 115.82 (2) (b) If the child is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), the nonresident school district shall provide transportation.

AB367, s. 12 Section 12. 115.88 (8) of the statutes is amended to read:

AB367,6,18 115.88 (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 or 121.84 (1) (a) or (4) 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).

AB367, s. 13 Section 13. 118.51 (3) (a) 1. and 2. of the statutes are amended to read:

AB367,7,4 118.51 (3) (a) 1. The parent of a pupil who wishes to attend a public school in a nonresident school district under this section shall submit an application, on a form provided by the department under sub. (15) (a), to the school board of the nonresident school district that the pupil wishes to attend, not earlier than the first Monday in February and not later than the 3rd Friday following the first Monday in February of the school year immediately preceding the school year in which the pupil wishes to attend. On the 4th Monday in February, the nonresident school board shall send a copy of the application to the pupil's resident school board and the department. The application may include a request to attend a specific school or program offered by the nonresident school district.

AB367,7,9 2. A nonresident school board may not act on any application received under subd. 1. until after the 3rd Friday following the first Monday in February. If a nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept on a random basis.

AB367, s. 14 Section 14. 118.51 (5) (a) 4. of the statutes is amended to read:

AB367,7,16 118.51 (5) (a) 4. Whether the special education program or related services described in the child's individualized education program under s. 115.787 (2) are available in the nonresident school district or whether there is space available in to provide the special education program or related services 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.

AB367, s. 15 Section 15. 118.51 (9) of the statutes is amended to read: