AB367,4,1711
115.782
(2) (d) If
the a child
being evaluated is attending a public school in a
12nonresident school district under s. 118.51
, as part of or 121.84 (1) (a) or (4), when
13the individualized education program team conducts its initial evaluation of the
14child
and as part of or any reevaluation of the child under sub. (4), the
individualized
15education program team shall
collaborate with appropriate personnel include at
16least one person designated by the school board of the child's school district of
17residence
who has knowledge or special expertise about the child.
AB367, s. 6
18Section
6. 115.787 (3) (d) of the statutes is amended to read:
AB367,4,2419
115.787
(3) (d) If a child is attending a public school in a nonresident school
20district under s. 118.51
, or 121.84 (1) (a) or (4), when the individualized education
21program team for the child
shall develop develops the child's individualized
22education program
in collaboration with appropriate personnel, the team shall 23include at least one person designated by the school board of the school district in
24which the child resides
who has knowledge or special expertise about the child.
AB367, s. 7
25Section
7. 115.79 (2) of the statutes is amended to read:
AB367,5,7
1115.79
(2) An educational placement is provided to implement a child's
2individualized education program. Except as provided in s. 118.51 (12) (a) and (b)
32., if a child with a disability is attending a public school in a nonresident school
4district under s. 118.51
or 121.84 (1) (a) or (4), the school board of the school district
5that the child is attending shall provide an educational placement for the child and
6shall pay tuition charges instead of the school district in which the child resides if
7required by the placement.
AB367, s. 8
8Section
8. 115.792 (1) (b) of the statutes is amended to read:
AB367,5,159
115.792
(1) (b) The local educational agency shall establish and maintain
10procedures to ensure that a child's parents are provided prior written notice
11whenever the local educational agency proposes to initiate or change, or refuses to
12initiate or change, the identification, evaluation or educational placement of the
13child, or the provision of a free appropriate public education to the child. In this
14paragraph, "local educational agency" includes the nonresident school district that
15a child is attending under s. 118.51
or 121.84 (1) (a) or (4).
AB367, s. 9
16Section
9. 115.792 (3) (a) of the statutes is amended to read:
AB367,5,1917
115.792
(3) (a) In this subsection, "local educational agency" includes the
18nonresident school district that a child is attending under s. 118.51
or 121.84 (1) (a)
19or (4).
AB367, s. 10
20Section
10. 115.80 (8) of the statutes is amended to read:
AB367,6,321
115.80
(8) Except as provided in
20 USC 1415 (k), during the pendency of any
22proceedings under this section, the local educational agency may not change the
23educational placement of a child unless the child's parents agree to the change. If
24the child is applying for initial admission to a public school, the child shall, with the
25consent of the child's parents, be placed in the public school program until all
1proceedings under this section have been completed. In this subsection, "local
2educational agency" includes the nonresident school district that a child is attending
3under s. 118.51
or 121.84 (1) (a) or (4).
AB367, s. 11
4Section
11. 115.82 (2) (b) of the statutes is amended to read:
AB367,6,75
115.82
(2) (b) If the child is attending a public school in a nonresident school
6district under s. 118.51
or 121.84 (1) (a) or (4), the nonresident school district shall
7provide transportation.
AB367, s. 12
8Section
12. 115.88 (8) of the statutes is amended to read:
AB367,6,189
115.88
(8) Enrollment out of state. If a child with a disability is enrolled in
10a public special education program located in another state and the state
11superintendent is satisfied that the program in which the child is enrolled complies
12with this subchapter, the state superintendent shall certify to the department of
13administration in favor of the school district in which the child resides or the school
14district attended by the child under s. 118.51
or 121.84 (1) (a) or (4) a sum equal to
15the percentage of the approved costs under subs. (1) and (2) of the amount expended
16by the school district during the preceding year for the additional costs associated
17with the child's special education program. The department of administration shall
18pay the amount to the school district from the appropriation under s. 20.255 (2) (b).
AB367, s. 13
19Section
13. 118.51 (3) (a) 1. and 2. of the statutes are amended to read:
AB367,7,420
118.51
(3) (a) 1. The parent of a pupil who wishes to attend a public school in
21a nonresident school district under this section shall submit an application, on a form
22provided by the department under sub. (15) (a), to the school board of the nonresident
23school district that the pupil wishes to attend, not earlier than the first Monday in
24February and not later than the 3rd Friday
following the first Monday in February
25of the school year immediately preceding the school year in which the pupil wishes
1to attend. On the 4th Monday in February, the nonresident school board shall send
2a copy of the application to the pupil's resident school board and the department. The
3application may include a request to attend a specific school or program offered by
4the nonresident school district.
AB367,7,95
2. A nonresident school board may not act on any application received under
6subd. 1. until after the 3rd Friday
following the first Monday in February. If a
7nonresident school board receives more applications for a particular grade or
8program than there are spaces available in the grade or program, the nonresident
9school board shall determine which pupils to accept on a random basis.
AB367, s. 14
10Section
14. 118.51 (5) (a) 4. of the statutes is amended to read:
AB367,7,1611
118.51
(5) (a) 4. Whether the special education
program or related services
12described in the child's individualized education program under s. 115.787 (2) are
13available in the nonresident school district or whether there is space available
in to
14provide the special education
program or related services identified in the child's
15individualized education program, including any class size limits, pupil-teacher
16ratios or enrollment projections established by the nonresident school board.
AB367, s. 15
17Section
15. 118.51 (9) of the statutes is amended to read:
AB367,8,218
118.51
(9) Appeal of rejection. If the nonresident school board rejects an
19application under sub. (3) (a) or (7) or the resident school board prohibits a pupil from
20attending public school in a nonresident school district under sub. (6), (7) or (12) (b)
211., the pupil's parent may appeal the decision to the department within 30 days after
22the decision.
If the resident school board provides notice of transfer under sub. (12)
23(b) 2., the pupil's parent may appeal the required transfer to the department within
2430 days after receipt of the notice. The department shall affirm the school board's
1decision unless the department finds that the decision was arbitrary or
2unreasonable.
AB367, s. 16
3Section
16. 118.51 (12) of the statutes is amended to read:
AB367,8,164
118.51
(12) Special education program or related services. (a)
Unavailable
5after enrollment. If the individualized education program for a pupil, developed or
6revised under s. 115.787 after a child begins attending public school in a nonresident
7school district under this section, requires
a special education
program or related
8service services that
is are not available in the nonresident school district or if there
9is no space available
in to provide the special education
program or related services 10identified in the child's individualized education program, including any class size
11limits, pupil-teacher ratios or enrollment projections established by the nonresident
12school board, the nonresident school board may notify the child's parent and the
13child's resident school board that the
program or
special education or related service
14is not available in the nonresident school district. If such notice is provided, the child
15shall be transferred to his or her resident school district, which shall provide an
16educational placement for the child under s. 115.79 (2).
AB367,9,317
(b)
Undue financial burden. 1. If the costs of the special education
program 18or
related services required in the individualized education program under s.
19115.787 (2) for a child with a disability whose parent has submitted an application
20under sub. (3) (a), as proposed to be implemented by the nonresident school district,
21would impose upon the child's resident school district an undue financial burden in
22light of the resident school district's total economic circumstances, including its
23revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil
24and the per pupil special education
program or
related services costs for children
25with disabilities continuing to be served by the resident school district, the child's
1resident school board may notify the child's parent and the nonresident school board
2by the first Friday following the first Monday in April that the pupil may not attend
3the nonresident school district to which the child has applied.
AB367,9,214
2. If the costs of the special education
program or
related services required in
5an individualized education program for a pupil, developed or revised under s.
6115.787 after a child begins attending public school in a nonresident school district
7under this section, as implemented or proposed to be implemented by the
8nonresident school district, would impose upon the child's resident school district an
9undue financial burden in light of the resident school district's total economic
10circumstances, including its revenue limit under subch. VII of ch. 121, its ability to
11pay tuition costs for the pupil and the per pupil special education
program or
related 12services costs for children with disabilities continuing to be served by the resident
13school district, the child's resident school board may notify the pupil's parent and the
14nonresident school board that the
program costs of the special education or
related 15services impose such an undue financial burden on the resident school district. If
16such notice is provided, the child shall be transferred to his or her resident school
17district, which shall provide an educational placement for the child under s. 115.79
18(2).
The pupil's parent may appeal a required transfer under this subdivision to the
19department within 30 days after receipt of the notice. The department shall affirm
20the resident school board's determination unless the department finds that the
21determination was arbitrary or unreasonable.
AB367, s. 17
22Section
17. 118.51 (17) of the statutes is amended to read:
AB367,9,2523
118.51
(17) Special Education Tuition. The resident school board shall pay
24to the nonresident school board, for each child who is attending public school in the
25nonresident school district under this section and is
enrolled in a program for
1children with disabilities receiving special education or related services under
2subch. V of ch. 115, tuition calculated using the daily tuition rate under s. 121.83 for
3such children enrolled
in such programs in the nonresident school district, or an
4amount agreed to by the school boards of the 2 school districts.
AB367, s. 18
5Section
18. 121.05 (1) (a) 11. of the statutes is amended to read:
AB367,10,76
121.05
(1) (a) 11. Pupils residing in the school district but attending a public
7school in another school district under s. 118.51
or 121.84 (4).
AB367, s. 19
8Section
19. 121.54 (10) of the statutes is amended to read:
AB367,10,169
121.54
(10) Full-time open enrollment Attendance in nonresident school
10district. Subject to s. 118.51 (14) (a) 2., a school board may elect to provide
11transportation, including transportation to and from summer classes, for
12nonresident pupils who are attending public school in the school district under s.
13118.51
or 121.84 (4), or its resident pupils who are attending public school in another
14school district under s. 118.51
or 121.84 (4), or both, except that a school board may
15not provide transportation under this subsection for a nonresident pupil to or from
16a location within the boundaries of the school district in which the pupil resides.
AB367, s. 20
17Section
20. 121.58 (2) (a) of the statutes is amended to read:
AB367,11,1318
121.58
(2) (a) A school district which provides transportation to and from a
19school under ss. 121.54 (1) to (3), (5) and (6) and 121.57, and the nonresident school
20district that a pupil attends under s. 118.51
or 121.84 (4) which elects to provide
21transportation under s. 121.54 (10), shall be paid state aid for such transportation
22at the rate of $30 per school year per pupil so transported whose residence is at least
232 miles and not more than 5 miles from the school attended, $45 per school year per
24pupil so transported whose residence is at least 5 miles and not more than 8 miles
25from the school attended, $60 per school year per pupil so transported whose
1residence is at least 8 miles and not more than 12 miles from the school attended, $68
2per school year per pupil so transported whose residence is at least 12 miles and not
3more than 15 miles from the school attended, $75 per school year per pupil so
4transported whose residence is at least 15 miles and not more than 18 miles from the
5school attended, and $85 per school year per pupil so transported whose residence
6is more than 18 miles from the school attended. Such state aid shall be reduced
7proportionately in the case of a pupil transported for less than a full school year
8because of nonenrollment. State aid for transportation shall not exceed the actual
9cost thereof. No state aid of any kind may be paid to a school district which charges
10the pupil transported or his or her parent or guardian any part of the cost of
11transportation provided under ss. 121.54 (1) to (3), (5), (6) and (10) and 121.57 or
12which wilfully or negligently fails to transport all pupils for whom transportation is
13required under s. 121.54.
AB367, s. 21
14Section
21. 121.58 (4) of the statutes is amended to read:
AB367,12,415
121.58
(4) State aid for summer class transportation. Annually on or before
16October 1 of the year in which transportation is provided under s. 121.54 (4), or under
17s. 121.54 (10) if the transportation is provided by the nonresident school district that
18a pupil attends under s. 118.51
or 121.84 (4), the school district clerk shall file with
19the department a report, containing such information as the department requires,
20on transportation provided by the school board to and from summer classes. Upon
21receipt of such report and if the summer classes meet the requirements of s. 121.14
22(1), state aid shall be paid for such transportation. A school district which provides
23such transportation shall be paid state aid for such transportation at the rate of $4
24per pupil transported to and from public school whose residence is at least 2 miles
25and not more than 5 miles by the nearest traveled route from the public school
1attended, and $6 per pupil transported to and from public school whose residence is
2more than 5 miles by the nearest traveled route from the public school attended, if
3the pupil is transported 30 days or more. The state aid shall be reduced
4proportionately if the pupil is transported less than 30 days.
AB367, s. 22
5Section
22. 121.77 (3) of the statutes is amended to read:
AB367,12,76
121.77
(3) Subsections (1) (b) and (2) do not apply to a pupil attending a public
7school in a nonresident school district under s. 118.51
or 121.84 (4).
AB367, s. 23
8Section
23. 121.81 (1) of the statutes is renumbered 121.81 (1) (intro.) and
9amended to read:
AB367,12,1610
121.81
(1) (intro.)
General. Before the admission of a nonresident pupil to an
11elementary or a high school of a school district, the school board of that district shall
12make a written agreement with the
parents pupil's parent or guardian for the
13payment of tuition
at the rate established in accordance with this subchapter, except
14when the tuition is otherwise chargeable under this subchapter
or under subch. V
15of ch. 115.. The tuition amount shall be calculated under s. 118.51 (16) (a) 3. except
16as follows:
AB367, s. 24
17Section
24. 121.81 (1) (a) and (b) of the statutes are created to read:
AB367,12,2118
121.81
(1) (a) If the nonresident pupil attends school in the school district for
19less than a full school term, the tuition amount shall be prorated based on the
20number of days that school is in session and the nonresident pupil attends school in
21the school district.
AB367,12,2522
(b) If the pupil is receiving special education or related services under subch.
23V of ch. 115, the tuition amount shall be calculated using the daily tuition rate under
24s. 121.83 for children receiving such special education and related services or an
25amount agreed to by the school board and the pupil's parent or guardian.
AB367, s. 25
1Section
25. 121.84 (1) (a) of the statutes is renumbered 121.84 (1) (a) 1. and
2amended to read:
AB367,13,73
121.84
(1) (a) 1. A school board
shall
may permit a pupil who
is was enrolled
4in
a school under its jurisdiction and is and a resident of the school district at the
5beginning of the school year to complete the school year at the school
he or she is
6attending without payment of tuition, even though the pupil is no longer a resident
7of the school district.
AB367, s. 26
8Section
26. 121.84 (1) (a) 2. of the statutes is created to read:
AB367,13,149
121.84
(1) (a) 2. A school board shall permit a pupil who was a resident of the
10school district on the 3rd Friday in September or the 2nd Friday in January of the
11current school year and who has been enrolled in the school district for at least 20
12school days during the current school year to complete the current school year at the
13school he or she is attending without payment of tuition, even though the pupil is no
14longer a resident of the school district.
AB367, s. 27
15Section
27. 121.84 (2) of the statutes is renumbered 121.84 (5).
AB367, s. 28
16Section
28. 121.84 (3) of the statutes is renumbered 121.84 (1) (d) and
17amended to read:
AB367,13,1918
121.84
(1) (d) The school district of attendance shall continue to count pupils
19under
sub. (1) this subsection in membership.
AB367, s. 29
20Section
29. 121.84 (4) of the statutes is created to read:
AB367,13,2321
121.84
(4) (a)
A school board shall permit a pupil to whom all of the following
22apply to attend school in the school district in the current school year without
23payment of tuition:
AB367,13,2524
1. The pupil was a resident of the school district on the 2nd Friday in January
25of the previous school year.
AB367,14,3
12. The pupil was enrolled in the school district continuously from the 2nd
2Friday in January of the previous school year to the end of the school term of the
3previous school year.
AB367,14,54
3. The pupil ceased to be a resident of the school district after the first Monday
5in February of the previous school year.
AB367,14,66
4. The pupil continues to be a resident of this state.
AB367,14,127
(b) If a pupil attends school in a school district outside the pupil's school district
8of residence under par. (a), s. 118.51 (12), (14), (16) and (17) apply to the pupil as if
9the pupil were attending school in a nonresident school district under s. 118.51. If
10the pupil is rejected as a result of s. 118.51 (12) (a), prohibited from attending as a
11result of s. 118.51 (12) (b) 1. or transferred as a result of s. 118.51 (12) (b) 2., s. 118.51
12(9) applies.
AB367,14,1714
(1) The treatment of sections 121.81 (1) and 121.84 (1) (a) and (2) to (4) of the
15statutes and the creation of section 121.81 (1) (a) and (b) of the statutes first apply
16to pupils who wish to attend school in a school district outside their school district
17of residence in the school year beginning after the effective date of this subsection.