DE9 AB2: Bill Text

AB2,49,11 (b) Notwithstanding s. 119.32 (1) and (7), the board shall appoint the superintendent of schools, and the superintendent of schools acts under the direction of the board, and the superintendent of schools may be removed from office as provided in s. 119.36, 2007 stats.

AB2,49,15 (c) Notwithstanding ss. 40.02 (41) and (55) (b), 63.235, 63.36 (2), 63.53, 111.70 (4) (m) 1., 2., and 4., 118.22 (1) (b), 119.16 (6), 119.18 (10), (12), and (13), 119.28 (2), the board may employ and determine the qualifications, duties, and compensation of all school district staff.

AB2,49,19 (d) Notwithstanding ss. 24.66 (3) (a) and (5) (a), 66.1333 (5r) (b) 1. a. and (55) (a), 119.16 (3) (c), 119.49, 119.498, and 119.499, the board may apply for loans and request the issuance of bonds and promissory notes and the prohibition in s. 119.18 (25) applies to the board.

AB2,49,22 (e) Notwithstanding s. 119.04 (1), all powers conferred and duties imposed upon a school board in the statutory sections specified in that subsection are conferred or imposed upon the board.

AB2,50,2 (f) Notwithstanding s. 119.18 (24), the city attorney is the legal advisor of and attorney for the board; the superintendent of schools may not retain an attorney; the board may retain an attorney in the circumstances specified for the superintendent of schools; and s. 119.14 (13) does not apply.

AB2,50,6 (g) Notwithstanding ss. 119.16 (8) (a) and (b), 119.46 (1), 119.47 (1), 119.48 (1), (2), and (4) (a), 119.485, and 119.70 (3), the board formulates the budget and submits it to the common council; s. 119.16 (8) (am) does not apply; and the budget committee under s. 119.53 is terminated.

AB2,50,9 (h) Notwithstanding ss. 111.70 (4) (m) 1., 2., and 4. and 119.16 (11) (a), the board is in charge of collective bargaining on behalf of the school district, and the prohibition in s. 119.16 (11) (b) applies to the board.

AB2,50,11 (i) Notwithstanding s. 119.18 (23) (a), the board has the powers conferred upon the superintendent of schools in that paragraph, and s. 119.18 (23) (b) does not apply.

AB2,50,14 (j) Notwithstanding s. 120.13 (1) (b) 1., neither the superintendent of schools nor any person designated by the superintendent of schools may make rules without consent of the board.

AB2,50,16 (k) The board has the powers and duties given to the superintendent of schools in ss. 119.25 (1) and (2) (a) (intro.), (b), and (d) 2., relating to pupil expulsion.

AB2,50,18 (L) Notwithstanding s. 119.14 (6), the board need not provide the superintendent of schools with a summary of comments received at a board meeting.

AB2,50,20 (m) Notwithstanding s. 119.16 (10), the prohibitions in that subsection apply equally to the board.

AB2,50,22 (n) Notwithstanding s. 119.14 (4), the board may exercise the powers in that subsection without the involvement of the superintendent of schools.

AB2,50,24 (o) Notwithstanding s. 119.42 (1m), the board has the powers and duties given to the superintendent of schools in that subsection.

AB2,51,3 (p) 1. The superintendent of schools on April 4, 2017, may continue to hold that office and exercise the powers and duties of that office until his or her successor is appointed by the board and qualifies.

AB2,51,6 2. The employment of the person holding the position of superintendent of schools on April 4, 2017, terminates on the date that his or her successor is appointed by the board and qualifies.

AB2, s. 116 Section 116. 120.115 (1) of the statutes is amended to read:

AB2,51,13 120.115 (1) (a) Within 10 days after adopting a resolution that authorizes the school board to incur debt, or that authorizes within 10 days of issuing a written communication to the common council of a 1st class city that authorizes it to incur debt on behalf of the school district operating under ch. 119, the school board or superintendent of schools shall notify the department of the scheduled date of the referendum and submit a copy of the resolution to the department.

AB2,51,18 (b) Within 10 days after holding a referendum that would authorize the school district to incur debt or that would authorize the common council of a 1st class city to incur debt on behalf of the school district operating under ch. 119, the school board or superintendent of schools shall notify the department of the approval or rejection of the referendum.

AB2, s. 117 Section 117. 120.13 (1) (b) 1. of the statutes is amended to read:

AB2,52,2 120.13 (1) (b) 1. In addition to rule-making authority granted school boards under par. (a), the school district administrator, or any principal or teacher designated by the school district administrator, may make rules with the consent of the school board, except that the superintendent of schools in a school district operating under ch. 119, or any principal or teacher designated by the superintendent of schools, may make rules without the consent of the board of school directors.

AB2, s. 118 Section 118. 120.13 (17) of the statutes is amended to read:

AB2,52,17 120.13 (17) Temporary use of school property. Grant the temporary use of school grounds, buildings, facilities, or equipment, upon such conditions, including fees not to exceed actual costs, as determined by the school board, to any responsible person for any lawful nonschool purpose if such use does not interfere with use for school purposes or school-related functions. Fees received under this subsection shall be paid into the school district treasury and accounted for as prescribed under s. 115.28 (13). The user shall be primarily liable, and the school board secondarily liable, for any damage to property and for any expense incurred in consequence of any use of school grounds, buildings, facilities, or equipment under this subsection. In the school district operating under ch. 119, both the board and the superintendent of schools have the authority granted to the school board under this subsection, and the school district is secondarily liable for damage to property and for any expense incurred in consequence of any use of school grounds, buildings, facilities, or equipment under this subsection.

AB2, s. 119 Section 119. 120.14 (1) of the statutes is amended to read:

AB2,53,4 120.14 (1) At the close of each fiscal year, the school board of each school district shall employ a licensed accountant to audit the school district accounts and certify the audit. The audit shall include information concerning the school district's self-insurance plan under s. 120.13 (2) (b), as specified by the commissioner of insurance. If required by the state superintendent under s. 115.28 (18), the audit shall include an audit of the number of pupils reported for membership purposes under s. 121.004 (5). The cost of the audit shall be paid from school district funds. The superintendent of schools of a school district operating under ch. 119 shall provide a copy of the audit to the budget committee under s. 119.53. Annually by September 15, the school district clerk shall file a financial audit statement with the state superintendent.

AB2, s. 120 Section 120. 121.137 (1) (a) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

AB2, s. 121 Section 121. 121.137 (1) (c) of the statutes is created to read:

AB2,53,9 121.137 (1) (c) "Superintendent of schools" means the superintendent of schools of the school district operating under ch. 119.

AB2, s. 122 Section 122. 121.137 (2) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB2,53,14 121.137 (2) Annually, the department shall calculate the amount of the state aid reduction under s. 121.08 (4) (b) 2. in the current school year and shall notify the board superintendent of schools, in writing, of the result.

AB2, s. 123 Section 123. 121.137 (3) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB2,53,22 121.137 (3) From the appropriation under s. 20.255 (2) (ac), annually the department shall pay the amount calculated under sub. (2) to the city in installments according to the schedule used by the board school district operating under ch. 119 for the distribution of state aid under s. 121.15 (1) or (1g). The city shall pay an amount equal to the amount received under this subsection to the board school district operating under ch. 119.

AB2, s. 124 Section 124. 121.85 (6) (am) 1. a. of the statutes is amended to read:

AB2,54,3 121.85 (6) (am) 1. a. Subtract from 75% the percentage of pupils whose parents or guardians have provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB2, s. 125 Section 125. 121.85 (6) (am) 2. a. of the statutes is amended to read:

AB2,54,7 121.85 (6) (am) 2. a. Subtract from 80% the percentage of pupils whose parents or guardians have provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB2, s. 126 Section 126. 121.85 (6) (am) 3. a. of the statutes is amended to read:

AB2,54,11 121.85 (6) (am) 3. a. Subtract from 90% the percentage of pupils whose parents or guardians have provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB2, s. 127 Section 127. 121.85 (6) (am) 4. a. of the statutes is amended to read:

AB2,54,15 121.85 (6) (am) 4. a. Subtract from 95% the percentage of pupils whose parents or guardians have provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB2, s. 128 Section 128. 121.85 (6) (am) 5. of the statutes is amended to read:

AB2,54,19 121.85 (6) (am) 5. In the 2004-05 school year, the number of pupils whose parents or guardians have not provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB2, s. 129 Section 129. 121.85 (6) (am) 6. a. of the statutes is amended to read:

AB2,54,23 121.85 (6) (am) 6. a. Subtract from 95% the percentage of pupils whose parents or guardians have provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB2, s. 130 Section 130. 121.85 (6m) of the statutes is amended to read:

AB2,55,13 121.85 (6m) Use of aid for lease or loan payments. If the board of directors superintendent of schools 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 he or she may use intradistrict transfer aid under sub. (6) to make lease payments or repay the loan. If the board of school directors superintendent of schools decides to use the aid to make lease payments or repay the loan, it he or she 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 superintendent of schools 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 school district operating under ch. 119 as state aid under s. 121.08 for any other purpose.

AB2, s. 131 Section 131. 121.87 (3) of the statutes is amended to read:

AB2,55,19 121.87 (3) In addition to the report under sub. (1), annually by May 1 the board of school directors superintendent of schools of the school district operating under ch. 119 shall submit a report to the legislature under s. 13.172 (2) that specifies the number, percentage, race, sex, grade and attendance area of pupils transferred outside their attendance area without written consent under s. 121.85 (6) (am).

AB2, s. 132 Section 132. 200.23 (2) (a) 6. of the statutes is amended to read:

AB2,55,22 200.23 (2) (a) 6. Members of the board of school directors in charge of the public schools of the a 1st class city school district.

AB2, s. 133 Section 133. Nonstatutory provisions.

AB2,55,24 (1) Mayoral appointments.

AB2,56,3 (a) The mayor of a 1st class city shall make the appointment under section 119.32 (1) of the statutes, as affected by this act, within 90 days after the effective date of this paragraph.

AB2,56,6 (b) The mayor of a 1st class city shall make the appointments under section 119.53 (1) (d) of the statutes, as created by this act, within 90 days after the effective date of this paragraph.

AB2,56,7 (2) Superintendent of schools; incumbency.

AB2,56,12 (a) Notwithstanding section 119.32 (1) of the statutes, as affected by this act, the superintendent of schools of the school district operating under chapter 119 of the statutes on the effective date of this paragraph may continue to hold that office and exercise the powers and duties of that office until his or her successor under section 119.32 of the statutes, as affected by this act, is appointed and qualified.

AB2,56,17 (b) Notwithstanding section 119.32 (1) of the statutes, as affected by this act, the employment of the person holding the position of superintendent of schools of the school district operating under chapter 119 of the statutes on the effective date of this paragraph terminates on the date that his or her successor under section 119.32 (1) of the statutes, as affected by this act, is appointed and qualified.

AB2,56,22 (3) Technical college appointment committee. Notwithstanding section 38.08 (1g) of the statutes, as affected by this act, the members of the appointment committee on the effective date of this subsection who were designated by the board of school directors may continue to serve until their successors are appointed by the superintendent of schools of the school district operating under ch. 119.

AB2, s. 134 Section 134. Initial applicability.

AB2,57,2 (1) The treatment of section 63.53 of the statutes first applies to persons appointed to positions on the effective date of this subsection.

AB2,57,3 (End)