AB571: Bill Text

AB571, s. 46 Section 46. 115.88 (10) of the statutes is created to read:

AB571,19,11 115.88 (10) Termination of state aid. The department may not make any payments under this section after June 30, 2004.

AB571, s. 47 Section 47. 115.93 of the statutes is amended to read:

AB571,19,22 115.93 State aid. If upon receipt of the reports under s. 115.92 (2) the state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The department may not make any payments under this section after June 30, 2004.

AB571, s. 48 Section 48. 115.995 (3) of the statutes is created to read:

AB571,19,25 115.995 (3) The department may not make any payments under this section after June 30, 2004.

AB571, s. 49 Section 49. 116.08 (6) of the statutes is created to read:

AB571,20,3 116.08 (6) The department may not make any payments under this section after June 30, 2004.

AB571, s. 50 Section 50. 118.153 (8) of the statutes is created to read:

AB571,20,6 118.153 (8) The department may not make any payments under this section after June 30, 2004.

AB571, s. 51 Section 51. 118.255 (4) of the statutes is amended to read:

AB571,20,18 118.255 (4) If the state superintendent is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each school board, cooperative educational service agency and county children with disabilities education board maintaining such health treatment services, an amount equal to the amount expended for items listed in s. 115.88 (1m) by the school board, cooperative educational service agency and county children with disabilities education board during the preceding year for these health treatment services as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The department may not make any payments under this subsection after June 30, 2004.

AB571, s. 52 Section 52. 118.43 (9) of the statutes is created to read:

AB571,20,21 118.43 (9) Termination of state aid. The department may not make any payments under this section after June 30, 2004.

AB571, s. 53 Section 53. 118.51 (16) (b) of the statutes is amended to read:

AB571,21,2 118.51 (16) (b) 1. If the number determined in par. (a) 1. is greater than the number determined in par. (a) 2. for a school district, the department shall increase that school district's state aid payment under s. 121.08 121.085 by an amount equal to the difference multiplied by the amount determined under par. (a) 3.

AB571,21,12 2. If the number determined in par. (a) 1. is less than the number determined in par. (a) 2. for a school district, the department shall decrease that school district's state aid payment under s. 121.08 121.085 by an amount equal to the difference multiplied by the amount determined under par. (a) 3. If the state aid payment under s. 121.08 121.085 is insufficient to cover the reduction, the department shall decrease other state aid payments made by the department to the school district by the remaining amount. If the state aid payment under s. 121.08 121.085 and other state aid payments made by the department to the school district are insufficient to cover the reduction, the department shall use the moneys appropriated under s. 20.255 (2) (cg) to pay the balance to school districts under subd. 1.

AB571, s. 54 Section 54. 118.51 (16) (d) of the statutes is amended to read:

AB571,21,16 118.51 (16) (d) The department shall ensure that the aid adjustment under par. (b) does not affect the amount determined to be received by a school district as state aid under s. 121.08 121.085 for any other purpose.

AB571, s. 55 Section 55. 120.145 of the statutes is created to read:

AB571,21,20 120.145 School tax levy. (1) Notwithstanding ss. 119.46, 120.10 (6) to (8), (10m), and (11), and 120.12 (3), beginning in 2004, a school board may not levy a tax at a rate that exceeds 3 mills except as follows:

AB571,21,23 (a) The levy rate may exceed 3 mills for the purpose of paying the principal and interest on debt outstanding on the effective date of this paragraph .... [revisor inserts date].

AB571,22,3 (b) The levy rate may exceed 3 mills if the department approves a higher levy rate for the school district. The department may approve a higher levy rate only for emergencies, as defined by the department by rule.

AB571,22,5 (2) The school board may not use revenue from the tax levy to fund employee salaries or benefits.

AB571, s. 56 Section 56. 121.08 (1) (intro.) of the statutes is amended to read:

AB571,22,8 121.08 (1) (intro.) The In the 2002-03 school year and the 2003-04 school year, the state shall pay to the school district the sum of the following amounts:

AB571, s. 57 Section 57. 121.08 (4) (a) (intro.), 2., 3. and (b) of the statutes, as affected by 2003 Wisconsin Act 33, are amended to read:

AB571,22,13 121.08 (4) (a) (intro.) The amount of state aid that a school district is eligible to be paid from the appropriations under s. 20.255 (2) (ac) and (r) and (t) shall be reduced by the amount determined as follows:

AB571,22,16 2. Divide the sum under subd. 1. by the total amount of state aid that all school districts are eligible to be paid from the appropriations under s. 20.255 (2) (ac) and (r) and (t), calculated as if the reduction under par. (b) had not occurred.

AB571,22,19 3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriations under s. 20.255 (2) (ac) and (r) and (t), calculated as if the reduction under par. (b) had not occurred, by the quotient under subd. 2.

AB571,22,23 (b) The amount of state aid that the school district operating under ch. 119 is eligible to be paid from the appropriations under s. 20.255 (2) (ac) and (r) and (t) shall also be reduced by 45% of the amounts paid under s. 119.23 (4) and (4m) in the current school year.

AB571, s. 58 Section 58. 121.085 of the statutes is created to read:

AB571,22,25 121.085 School aid. (1) In this section:

AB571,23,2 (a) "Average membership" means the average membership of the 3 school years out of the 5 preceding school years that have the highest membership.

AB571,23,6 (b) "Educational cost" means the total cost of instruction and instructional support services that is attributable to pupils who reside in the school district, less transportation costs, facility acquisition costs, food and community service costs, and costs funded by any grant other than a state grant, as determined by the department.

AB571,23,9 (c) "Rate of increase" means the percentage rate that, when applied annually for 20 years, results in an aid payment in the 2023-24 school year of $19,000 per pupil under sub. (2).

AB571,23,12 (2) (a) In the 2004-05 school year, the department shall pay to each school district, from the appropriations under s. 20.255 (2) (r) and (t), the amount determined as follows:

AB571,23,16 1. Divide the educational cost in the previous school year by the membership in the 2003-04 school year, except that if the membership in the 2003-04 school year is less than the membership in the 2002-03 school year, divide the educational cost in the previous school year by the average membership.

AB571,23,18 2. Multiply the quotient under subd. 1. by the sum of 1.0 plus the rate of increase expressed as a decimal.

AB571,23,22 3. Multiply the product under subd. 2. by the membership in the 2003-04 school year, except that if the membership in the 2003-04 school year is less than the membership in the 2002-03 school year, multiplying the product under subd. 2. by the average membership.

AB571,23,25 (b) Beginning in the 2005-06 school year and ending in the 2023-24 school year, the department shall pay to each school district, from the appropriations under s. 20.255 (2) (r) and (t), the amount determined as follows:

AB571,24,3 1. Divide the amount received under this subsection in the previous school year by the membership or average membership used to determine aid under this subsection in the previous school year.

AB571,24,5 2. Multiply the quotient under subd. 1. by the sum of 1.0 plus the rate of increase expressed as a decimal.

AB571,24,9 3. Multiply the product under subd. 2. by the membership in the previous school year, except that if the membership in the previous school year is less than the membership in the second previous school year, multiplying the product under subd. 2. by the average membership.

AB571,24,16 (3) A school district that has an unanticipated increase in the costs of providing special education under subch. V of ch. 115 may apply to the department for additional state aid. If, after paying aid under sub. (2), the department determines that funds are available in the appropriation under s. 20.255 (2) (r) or (t) and that additional aid is justified, the department shall pay the additional aid from the appropriation under s. 20.255 (2) (r) or (t). The department's determinations are final and may not be appealed.

AB571, s. 59 Section 59. 121.086 of the statutes is created to read:

AB571,24,19 121.086 Aid for capital expenditures. (1) In this section, "board" means the school building projects board.

AB571,24,23 (2) Notwithstanding s. 67.05 (6a) (a) 2., a school board may not issue a bond under s. 67.05 (6a) to finance a capital project unless it adopts a resolution to do so by the affirmative vote of at least three-fourths of its members. If the school board adopts such a resolution, it may apply to the board for state aid for the project.

AB571,25,2 (3) The board shall review the application submitted under sub. (2) and shall provide state aid to the school district for that portion of the project determined by the board to satisfy an educational need in the school district. The amount of aid to be paid to the school district under this section shall be determined as follows:

AB571,25,6 (a) Determine the percentage of the school district's shared cost that was paid through general equalization aid under s. 121.08 in the previous school year, or that would have been paid under that section in the previous school year if aid were paid under that section in the previous school year.

AB571,25,9 (b) Multiply the portion of the project's cost determined by the board to satisfy an educational need in the school district by the percentage under par. (a) or by 10 percent, whichever is greater.

AB571,25,11 (4) Aid under this section shall be paid from the appropriation under s. 20.255 (2) (t).

AB571, s. 60 Section 60. 121.09 (1) and (2) of the statutes are amended to read:

AB571,26,7 121.09 State aid adjustment; redetermination of assessment. (1) If, on or after July 1, 1980, but before the effective date of this subsection .... [revisor inserts date], the tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, or if, on or after January 1, 1982, but before the effective date of this subsection .... [revisor inserts date], the state board of assessors makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after the date of the determination, decision, or judgment, file the determination of the state board of assessors, the decision of the tax appeals commission, or the judgment of the court with the state superintendent, requesting an adjustment in state aid to the school district. If the state superintendent determines that the determination, decision, or judgment is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation under s. 20.255 (2) (ac) (t), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).

AB571,26,20 (2) If, on or after May 3, 1984, but before the effective date of this subsection .... [revisor inserts date], the state board of assessors, the tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is higher than the previous assessment, the state superintendent shall notify the school district in which the property is located of the recertification by the department of revenue under s. 70.57 (2). The state superintendent shall, in the subsequent fiscal year, withhold from the school district's state aid entitlement under s. 121.08 121.085 an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year, using the school district's equalized valuation as recertified under s. 70.57 (2).

AB571, s. 61 Section 61. 121.09 (2r) of the statutes, as created by 2003 Wisconsin Act 33, is amended to read:

AB571,27,12 121.09 (2r) If after July 26, 2003, and before the effective date of this subsection .... [revisor inserts date], the state board of assessors, the tax appeals commission, or a court makes a final redetermination on the assessment of telephone company property subject to taxation under s. 70.112 (4) and subch. IV of ch. 76 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after the redetermination, file the redetermination with the state superintendent, requesting an adjustment in state aid to the school district. If the state superintendent determines that the redetermination is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation under s. 20.255 (2) (ac), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).

AB571, s. 62 Section 62. 121.095 (1) (intro.) of the statutes is amended to read:

AB571,27,16 121.095 (1) (intro.) Annually the department shall reduce each school district's state aid payment under s. 121.08 121.085, or other state aid payments, if necessary, by an amount calculated as follows:

AB571, s. 63 Section 63. 121.095 (2) of the statutes is amended to read:

AB571,27,23 121.095 (2) From the appropriation under s. 20.255 (2) (ac) (t), annually the department of public instruction shall pay to the department of military affairs an amount equal to the sum of the reductions under sub. (1). The department of public instruction shall ensure that the aid adjustment under sub. (1) does not affect the amount determined to be received by a school district as state aid under s. 121.08 121.085 or for any other purpose.

AB571, s. 64 Section 64. 121.105 (2) (c) of the statutes is created to read:

AB571,27,25 121.105 (2) (c) This subsection does not apply after the 2003-04 school year.

AB571, s. 65 Section 65. 121.105 (3) of the statutes is amended to read:

AB571,28,7 121.105 (3) In the school year in which a school district consolidation takes effect under s. 117.08 or 117.09 and in each of the subsequent 4 school years, the consolidated school district's state aid shall be an amount that is not less than the aggregate state aid received by the consolidating school districts in the school year prior to the school year in which the consolidation takes effect. The additional state aid shall be paid from the appropriation under s. 20.255 (2) (ac) (t).

AB571, s. 66 Section 66. 121.135 (4) of the statutes is created to read:

AB571,28,10 121.135 (4) The department may not make any payments under this section after June 30, 2004.

AB571, s. 67 Section 67. 121.15 (1) (intro.) of the statutes is renumbered 121.15 (1) and amended to read:

AB571,28,16 121.15 (1) Except as provided under sub. (1g), state State aid under s. 121.08 121.085 shall be paid to school districts according to the following distribution schedule: in 4 equal installments. The department shall determine the payment schedule.

AB571, s. 68 Section 68. 121.15 (1) (a) to (e) of the statutes are repealed.

AB571, s. 69 Section 69. 121.15 (1g) of the statutes is repealed.

AB571, s. 70 Section 70. 121.15 (1m) (a) (intro.) and 3. of the statutes are consolidated, renumbered 121.15 (1m) (a) and amended to read:

AB571,28,25 121.15 (1m) (a) Notwithstanding subs. sub. (1) and (1g), a portion of state aid to school districts shall be distributed as follows:, annually the state shall pay to school districts, from the appropriation under s. 20.255 (2) (ac), $75,000,000 on the 4th Monday in July of the following school year. No payment may be made under this subdivision after July 2004.

AB571, s. 71 Section 71. 121.15 (1m) (b) of the statutes is amended to read:

AB571,29,5 121.15 (1m) (b) The percentages payments under subs. sub. (1) (a) and (1g) (a) shall be reduced proportionally to reflect the payments made under par. (a). School districts shall treat the payments made in July under par. (a) as if they had been received in the previous school year.

AB571, s. 72 Section 72. 121.23 (title) of the statutes is amended to read:

AB571,29,7 121.23 (title) Payment of aids in school School district labor disputes.

AB571, s. 73 Section 73. 121.23 (1) of the statutes is renumbered 121.23.

AB571, s. 74 Section 74. 121.23 (2) of the statutes is repealed.

AB571, s. 75 Section 75. 121.85 (6) (a) 1. of the statutes is amended to read:

AB571,29,13 121.85 (6) (a) 1. Divide the state aid received in the current school year under s. 121.08 121.085 by the membership used to compute state aid to the school district for the current in the previous school year.

AB571, s. 76 Section 76. 121.85 (6) (e) of the statutes is amended to read:

AB571,29,16 121.85 (6) (e) Sources of aid payments. State aid under this section shall be paid from the appropriation under s. 20.255 (2) (ac) (t).

AB571, s. 77 Section 77. 121.85 (6m) of the statutes is amended to read:

AB571,30,3 121.85 (6m) Use of aid for lease or loan payments. If the board of directors of the school district operating under ch. 119 leases buildings or sites from the redevelopment authority of the city or borrows money from the redevelopment authority of the city under s. 119.16 (3) (c), it may use intradistrict transfer aid under sub. (6) to make lease payments or repay the loan. If the board of school directors decides to use the aid to make lease payments or repay the loan, it may request the department to remit the intradistrict transfer aid under sub. (6) to the redevelopment authority of the city of Milwaukee in an annual amount agreed to by the board of school directors and the department, and the department shall ensure that the aid remittance does not affect the amount determined to be received by the board of school directors as state aid under s. 121.08 121.085 for any other purpose.

AB571, s. 78 Section 78. 121.85 (8) of the statutes is amended to read:

AB571,30,11 121.85 (8) Transferred pupils. Pupils transferring schools under this section shall be subject to the same rules and regulations as resident pupils and shall have the responsibilities, privileges, and rights of resident pupils in the school district or attendance area. Subject to this subsection, a pupil transferring schools under either sub. (3) (a) or (b) has the right to complete his or her education at the elementary, middle, or high school to which he or she transfers so long as full funding therefor is available under s. 20.255 (2) (ac) (t).

AB571, s. 79 Section 79. 121.85 (9) (c) of the statutes is amended to read:

AB571,30,16 121.85 (9) (c) The obligation under par. (a) to organize planning councils shall apply only with regard to school terms for which full pupil transfer aids are appropriated under s. 20.255 (2) (ac) (t) and planning council assistance funds are appropriated under s. 20.255 (1) (a).