AB370: Bill Text

AB370,5,15 Column C Annotations; s. 35.231

AB370,5,16 Column D Laws of Wisconsin; s. 35.151

AB370,5,17 Column E Blue Books; s. 35.24 (1)1

AB370,5,18 Column F Administrative Code and Register; s. 35.93; s. 227.0251

AB370,5,19 Column G Budget Estimates; s. 35.2651

AB370,5,20 Column H Biennial Reports; s. 15.04 (1) (d)1

AB370,5,21 Column I Governor's Messages; s. 14.041

AB370,5,22 Column J Opinions of Attorney General; s. 35.28; s. 165.015 (1)1

AB370,6,1 Column K Supreme Court Reports; s. 35.28; s. 751.111

AB370,6,2 Column L Decisions of Public Service Comm.; s. 35.281

AB370,6,3 Column M Decisions of Tax Appeals Comm.; s. 73.01 (3) (b)1

AB370,6,4 Column N Town Law Forms; s. 35.201

Note: Section 10 provides that the Council of State Governments, now a state document depository library outside of the state, receives distribution of certain state documents.

AB370, s. 11 Section 11 . 35.84 (figure) column F line 61 of the statutes is amended to read:

AB370,6,6 35.84 (figure) Column F Administrative Code and Register; s. 35.93; s. 227.025

AB370,6,7 61. Library of Congress1A 1

AB370, s. 12 Section 12. 35.84 (figure) column G line 61 of the statutes is amended to read:

AB370,6,9 35.84 (figure) Column G Budget Estimates; s. 35.265

AB370,6,10 61. Library of Congress1

AB370, s. 13 Section 13 . 35.84 (figure) column N line 61 of the statutes is amended to read:

AB370,6,12 35.84 (figure) Column N Town Law Forms; s. 35.20

AB370,6,13 61. Library of Congress1

Note: The amendments in Sections 11 to 13 provide that the Library of Congress, a state document depository library outside of the state, receives automatic free distribution of 3 additional state documents.

AB370, s. 14 Section 14 . 115.28 (15) (a) of the statutes is amended to read:

AB370,6,19 115.28 (15) (a) Establish, by rule, standards for the approval of the abilities of certified teachers and counselors and their aides participating in bilingual-bicultural education programs under subch. VII to read, write and speak a non-English language and to possess knowledge of the culture of limited-English speaking proficient pupils.

AB370, s. 15 Section 15 . 115.92 (2) (b) of the statutes is amended to read:

AB370,7,4 115.92 (2) (b) Annually, on or before August September 15, each school board maintaining a program under this subchapter shall submit to the department an itemized statement on oath of all revenues and expenditures related to the program during the preceding school year.

Note: Section 15 changes the date for reporting revenues and expenditures for the school age parent program from August 15 to September 15 of each year. According to DPI, audited data from school districts' annual financial reports are used to compile the revenue and expenditure data for the annual report for the school age parent program. The annual financial report is not required to be filed until September 1. Changing the reporting date from August 15 to September 15 will enable school districts to have sufficient time to prepare the school age parent program report using the audited data from the annual financial report.

AB370, s. 16 Section 16 . 115.95 (2) of the statutes is amended to read:

AB370,7,12 115.95 (2) It is the policy of this state to provide equal educational opportunities by ensuring that necessary programs are available for limited-English speaking proficient pupils while allowing each school district maximum flexibility in establishing programs suited to its particular needs. To this end, this subchapter establishes bilingual-bicultural education programs for pupils in school districts with specified concentrations of limited-English speaking proficient pupils in the attendance areas of particular schools.

AB370, s. 17 Section 17. 115.95 (4) of the statutes is amended to read:

AB370,7,16 115.95 (4) It is the policy of this state that a limited-English speaking proficient pupil participate in a bilingual-bicultural education program only until such time as the pupil is able to perform ordinary classwork in English.

AB370, s. 18 Section 18. 115.955 (2) of the statutes is amended to read:

AB370,7,21 115.955 (2) "Bilingual-bicultural education program" means a program designed to improve the comprehension and the speaking, reading and writing ability of a limited-English speaking proficient pupil in the English language, so that the pupil will be able to perform ordinary classwork in English.

AB370, s. 19 Section 19. 115.955 (7) of the statutes is amended to read:

AB370,8,6 115.955 (7) "Limited-English speaking proficient pupil" means a pupil whose ability to use the English language is limited because of the use of a non-English language in his or her family or in his or her daily, nonschool surroundings, and who has difficulty, as defined by rule by the state superintendent, in performing ordinary classwork in English as a result of such limited English language ability proficiency.

AB370, s. 20 Section 20. 115.96 (1) of the statutes is amended to read:

AB370,8,12 115.96 (1) Count of limited-English speaking proficient pupils. Annually, on or before March 1, each school board shall conduct a count of the limited-English speaking proficient pupils in the public schools of the district, assess the language proficiency of such pupils and classify such pupils by language group, grade level, age and English language proficiency.

AB370, s. 21 Section 21. 115.96 (2) of the statutes is amended to read:

AB370,8,21 115.96 (2) Notification. Annually, on or before April 1, a school board which may be required to offer a bilingual-bicultural education program shall send to the parent, legal custodian or guardian of every limited-English speaking proficient pupil identified under sub. (1) who is eligible for participation in such a program, a notice which states that a bilingual-bicultural education program may be instituted, contains information on the procedures for registering a pupil in such a program, and provides notice of the consent required under sub. (3). The notice shall be in English and in the non-English language of the limited-English speaking proficient pupil.

AB370, s. 22 Section 22. 115.96 (4) (b) of the statutes is amended to read:

AB370,8,25 115.96 (4) (b) Through the use of the native language of the limited-English speaking proficient pupil, instruction in the subjects necessary to permit the pupil to progress effectively through the educational system.

AB370, s. 23 Section 23. 115.96 (5) (a) of the statutes is amended to read:

AB370,9,8 115.96 (5) (a) By the commencement of the school term, the school board shall place, with the parent's or legal custodian's written consent, each limited-English speaking proficient pupil in the appropriate bilingual-bicultural education program established under this subchapter. If a limited-English speaking proficient pupil is identified after March 1 or the parent or legal custodian of such child gives consent after May 1, the school board shall place the pupil, with the written consent of the pupil's parent or legal custodian, in an appropriate program where feasible.

AB370, s. 24 Section 24. 115.97 (1) of the statutes is amended to read:

AB370,9,22 115.97 (1) A school board may combine pupils in attendance at separate schools in its bilingual-bicultural education program. The school board shall be eligible for state aids under s. 115.995 if the number of limited-English speaking proficient pupils served from the combined schools meets the requirements under sub. (2), (3) or (4). A pupil shall be eligible for a bilingual-bicultural education program only until he or she is able to perform ordinary classwork in English. The bilingual-bicultural education program shall be designed to provide intensive instruction to meet this objective. Nothing in this subchapter shall be construed to authorize isolation of children of limited-English speaking proficient ability or ethnic background for a substantial portion of the school day. Pupils who are not limited-English speaking proficient pupils may participate in a bilingual-bicultural education program, except that a school board shall give preference to limited-English speaking proficient pupils in admitting pupils to such a program.

AB370, s. 25 Section 25. 115.97 (2) of the statutes is amended to read:

AB370,9,25 115.97 (2) If, in a language group under s. 115.96 (1), there are 10 or more limited-English speaking proficient pupils in kindergarten to grade 3 in attendance at a particular elementary school and whose parents or legal custodians give written consent to such pupils' placement under s. 115.96 (3), the school board shall establish a bilingual-bicultural education program for such pupils during the school term. Such program shall be taught by a bilingual teacher.

AB370, s. 26 Section 26. 115.97 (3) of the statutes is amended to read:

AB370,10,11 115.97 (3) If, in a language group under s. 115.96 (1), there are 20 or more limited-English speaking proficient pupils in grades 4 to 8 in attendance at a particular elementary, middle or junior high school and whose parents or legal custodians give written consent to such pupils' placement under s. 115.96 (3), the school board shall establish a bilingual-bicultural education program for such pupils during the school term. Such program shall be taught by a bilingual teacher.

AB370, s. 27 Section 27. 115.97 (4) of the statutes is amended to read:

AB370,10,18 115.97 (4) If, in a language group under s. 115.96 (1), there are 20 or more limited-English speaking proficient pupils in grades 9 to 12 in attendance at a particular high school and whose parents or legal custodians give written consent to the pupils' placement under s. 115.96 (3), the school board shall establish a bilingual-bicultural education program. The program shall be taught by a bilingual teacher. Bilingual counselors shall be made available.

AB370, s. 28 Section 28. 115.977 (3) of the statutes is amended to read:

AB370,11,6 115.977 (3) The school board shall give any limited-English speaking proficient pupil who has begun a bilingual-bicultural education program in the 3rd grade the opportunity to continue his or her bilingual-bicultural education program in the 4th grade regardless of the number of limited-English speaking proficient pupils in grades 4 to 8. However, if there are not a sufficient number of limited-English speaking proficient pupils in grades 4 to 8 to require a bilingual-bicultural education program under sub. (2), the school board may offer such pupil the opportunity to continue a bilingual-bicultural education program with a program established for limited-English speaking proficient pupils in kindergarten to grade 3. A 4th grade pupil so enrolled may be counted for purposes of determining if there are a sufficient number of pupils for a kindergarten to grade 3 bilingual-bicultural education program.

AB370, s. 29 Section 29. 115.98 of the statutes is amended to read:

AB370,11,20 115.98 Bilingual-bicultural advisory committee. In each school district which establishes a bilingual-bicultural education program under this subchapter, the school board may appoint a bilingual-bicultural advisory committee to afford parents and educators of limited-English speaking proficient pupils the opportunity to advise the school board of their views and to ensure that a program is planned, operated and evaluated with their involvement and consultation. The committee shall assist the school board in informing educators, parents and legal custodians of limited-English speaking proficient pupils that a program exists. The committee shall be composed of parents of limited-English speaking proficient pupils enrolled in the bilingual-bicultural education program, bilingual and other teachers, bilingual teacher's aides, bilingual and other counselors and bilingual counselor's aides in the district, at least one representative from the community and a representative of the school district administration.

AB370, s. 30 Section 30. 115.993 of the statutes is amended to read:

AB370,12,4 115.993 Report on bilingual-bicultural education. Annually, on or before August 15, the school board of a district operating a bilingual-bicultural education program under this subchapter shall report to the state superintendent the number of pupils, including both limited-English speaking proficient pupils and other pupils, instructed the previous school year in bilingual-bicultural education programs, an itemized statement on oath of all disbursements on account of the bilingual-bicultural education program operated during the previous school year and a copy of the estimated budget for that program for the current school year.

AB370, s. 31 Section 31. 115.995 of the statutes is amended to read:

AB370,12,17 115.995 State aids. Upon receipt of the report under s. 115.993, if the state superintendent is satisfied that the bilingual-bicultural education program for the previous school year was maintained in accordance with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district a sum equal to a percentage of the amount expended on limited-English speaking proficient pupils by the school district during the preceding year for salaries of personnel participating in and attributable to bilingual-bicultural education programs under this subchapter, special books and equipment used in the bilingual-bicultural programs and other expenses approved by the state superintendent. The percentage shall be determined by dividing the amount in the appropriation under s. 20.255 (2) (cc) in the current school year by the total amount of aidable costs in the previous school year.

AB370, s. 32 Section 32 . 118.30 (2) (b) 2. of the statutes is amended to read:

AB370,12,23 118.30 (2) (b) 2. According to criteria established by the state superintendent by rule, the school board may determine not to administer an examination under this section to a limited-English speaking proficient pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.

AB370, s. 33 Section 33 . 120.13 (11) (a) of the statutes is repealed.

AB370, s. 34 Section 34 . 120.13 (11) (b) of the statutes is renumbered 120.13 (11) and amended to read:

AB370,13,6 120.13 (11) Nurses and dentists. In counties having a population of 500,000 or more, employ Employ qualified public health nurses, school nurses, registered nurses and licensed dentists who shall cooperate with the local board of health, as defined in s. 250.01 (3), and the department of health and family services.

Note: Sections 33 and 34 make the authority of school boards in counties with populations of less than 500,000 and counties with populations of 500,000 or more, the same with regard to employment of nurses and dentists. The change in Section 33 deletes a requirement that nurses and dentists in counties with populations under 500,000 be under the supervision of the local board of health and the department of health and family services (DHFS). Section 34 incorporates them into the same category as nurses and dentists employed by school boards in counties with populations of 500,000 or more. Therefore, in all counties, school boards would have the authority to employ nurses and dentists, who would be required to cooperate with the local board of health. According to DPI, this change will alleviate confusion on the part of school boards and counties with populations of less than 500,000 regarding the supervision of their nurses and dentists; will require coordination between nurses and dentists employed by school boards with local county boards of health and DHFS, regardless of the county's population; and will reflect current practice in school districts employing their own nurses and dentists.

AB370, s. 35 Section 35 . 121.87 (1) (intro.) of the statutes is amended to read:

AB370,13,12 121.87 (1) (intro.) Any school district that receives aid under this subchapter in any school year shall submit a report to the state superintendent, on a form provided by the state superintendent, by August October 15 of the following school year. The report shall include all of the following for the school year in which the school district received aid:

Note: Section 35 changes the date for reporting costs for the integration transfer program from August 15 to October 15. According to DPI, many school districts use audited data from their annual financial reports to compile this report. The annual financial report is not required to be filed until September 1. Therefore, the audited financial data may not be available to meet the August 15 reporting requirement for the integration transfer program.

AB370, s. 36 Section 36 . 121.91 (4) (a) 3. of the statutes is amended to read:

AB370,14,14 121.91 (4) (a) 3. Notwithstanding subd. 2., if a school board increases the services that it provides by adding responsibility for providing a service that is transferred to it from another governmental unit for a child with a disability, as defined in s. 115.76 (5), or for a limited-English speaking proficient pupil, as defined in s. 115.955 (7), the limit otherwise applicable under sub. (2m) in the current school year is increased by an amount equal to the estimated cost of providing the service less the estimated amount of aid that the school district will receive for the child or pupil in the following school year under s. 115.88 (1m) to (6) and (8), 115.995 or 118.255, as determined by the state superintendent. A school board that transfers or receives responsibility for providing a service under this subdivision shall notify the state superintendent. A school board that transfers responsibility for providing a service under this subdivision shall provide the state superintendent with an estimate of the reduction in cost attributable to the transfer, even if that estimate is zero. The state superintendent shall notify the transferring school district when a receiving school district notifies the state superintendent that it has received responsibility for providing a service transferred to it under this subdivision.

Note: Sections 14 , 16 to 32 and 36 change the statutory language in chs. 115, 118 and 121 from "limited English-speaking" to "limited English-proficient". This change makes the terminology consistent with that used in federal law in the Improving America's School Act, P.L. 103-382.

AB370,14,15 (End)