AB40: Bill Text

AB40,965,10 115.001 (11) School nurse. "School nurse" means a registered nurse licensed under s. 441.06 or in a party state, as defined in s. 441.50 (2) (j) , who also meets the qualifications for school nurses prescribed by the department by rule.

AB40, s. 2435 Section 2435. 115.01 (10) (a) of the statutes is renumbered 115.01 (10).

AB40, s. 2436 Section 2436. 115.01 (10) (b) of the statutes is repealed.

AB40, s. 2437 Section 2437. 115.28 (12) of the statutes is created to read:

AB40,965,22 115.28 (12) Student information system. (a) Working with the office of the governor, establish a student information system to collect and maintain information about pupils enrolled in public schools, including their academic performance and demographic information, aggregated by school district, school, and teacher. Annually by May 1, the state superintendent shall submit to the governor a plan for the expenditure of moneys appropriated in s. 20.255 (1) (e) in the succeeding fiscal year. The state superintendent may not expend or encumber moneys appropriated under s. 20.255 (1) (e) in any fiscal year unless the governor approves the plan for that fiscal year.

AB40,966,2 (b) Charge a fee, on a per pupil basis, to any school district that uses the system under par. (a). The state superintendent may charge a fee to any other person that uses the system. All fees shall be credited to the appropriation account under s. 20.255 (1) (jm).

AB40, s. 2438 Section 2438. 115.28 (24) of the statutes is amended to read:

AB40,966,9 115.28 (24) Priority in awarding grants. Give priority in awarding grants to school boards under ss. s. 115.36 and 115.361, and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 2862 (b) (1) (B), to programs that provide more than one of the educational services specified under s. 115.36, 115.361, 115.915, 118.01 (2) (d) 7. or 8. or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 2862 (b) (1) (B).

AB40, s. 2439 Section 2439. 115.28 (35) of the statutes is repealed.

AB40, s. 2440 Section 2440. 115.28 (39) of the statutes is amended to read:

AB40,966,17 115.28 (39) Alcohol and other drug abuse report. By July 1, 1998, and biennially Biennially by July 1 thereafter, evaluate the effectiveness of the programs under ss. s. 115.36 and 115.361 and submit a report to the legislature under s. 13.172 (2). To satisfy this reporting requirement as it pertains to s. 115.361, the department may incorporate into the report under this subsection the report required under s. 115.361 (2).

AB40, s. 2441 Section 2441. 115.28 (45) of the statutes is repealed.

AB40, s. 2442 Section 2442. 115.28 (46) of the statutes is repealed.

AB40, s. 2443 Section 2443. 115.28 (47) of the statutes is repealed.

AB40, s. 2444 Section 2444. 115.297 (1) (a) of the statutes is amended to read:

AB40,966,25 115.297 (1) (a) "Agencies" means the department, the board of regents Board of Regents of the University of Wisconsin System, the Board of Trustees of the University of Wisconsin–Madison, the technical college system board, and the Wisconsin Association of Independent Colleges and Universities.

AB40, s. 2445 Section 2445. 115.31 (1) (b) of the statutes is amended to read:

AB40,967,10 115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, juvenile correctional facility, as defined in s. 938.02 (10p), secured residential care center for children and youth, as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled, or a private school, or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

AB40, s. 2446 Section 2446. 115.33 (2) (a) (intro.) of the statutes is amended to read:

AB40,967,14 115.33 (2) (a) (intro.) The state superintendent may request the department of commerce safety and professional services to inspect a public school if any of the following occurs:

AB40, s. 2447 Section 2447. 115.33 (2) (b) of the statutes is amended to read:

AB40,967,18 115.33 (2) (b) The department of commerce safety and professional services shall inspect the school within 30 days after receiving a request from the state superintendent under par. (a).

AB40, s. 2448 Section 2448. 115.33 (3) (a) of the statutes is amended to read:

AB40,967,25 115.33 (3) (a) If the state superintendent determines that a school is not in compliance, and the department of commerce safety and professional services, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to repair, improve, remodel or close the school by a stated date. An order issued under this paragraph constitutes a preliminary finding of noncompliance with the standard under s. 121.02 (1) (i).

AB40, s. 2449 Section 2449. 115.33 (3) (b) 1. of the statutes is amended to read:

AB40,968,13 115.33 (3) (b) 1. If the state superintendent determines that a school is not in compliance and is not worth repairing, and the department of commerce safety and professional services, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to develop a plan that describes how the school board will achieve compliance with the standard under s. 121.02 (1) (i). The plan shall specify the time within which compliance with the standard under s. 121.02 (1) (i) shall be achieved. The state superintendent shall hold a public hearing on the plan in the school district and may, as a result of the hearing, recommend changes to the plan. The state superintendent may withhold up to 25% of the school district's state aid if the school district fails to achieve compliance with the standard under s. 121.02 (1) (i) within the period specified in the plan.

AB40, s. 2450 Section 2450. 115.347 (2) of the statutes is amended to read:

AB40,968,25 115.347 (2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under sub. (1) in the prescribed format, the department of children and families shall determine which children enrolled in the school district are members of Wisconsin Works groups participating under s. 49.147 (3) to (5) or of families receiving aid to families with dependent children or food stamps benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036 and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to 42 USC 1758 (b) (2) (C) (ii) and (iii).

AB40, s. 2451 Section 2451. 115.361 of the statutes is repealed.

AB40, s. 2452 Section 2452. 115.366 of the statutes is repealed.

AB40, s. 2453 Section 2453. 115.39 of the statutes is repealed.

AB40, s. 2454 Section 2454. 115.405 (2m) of the statutes is repealed.

AB40, s. 2455 Section 2455. 115.43 (2) (b) of the statutes is amended to read:

AB40,969,12 115.43 (2) (b) From the appropriation under s. 20.255 (3) (fz), award precollege scholarships, on a competitive basis, to economically disadvantaged pupils who enroll in a technical college or in college or university classes or programs designed to improve academic skills that are essential for success in postsecondary school education. The state superintendent shall give preference to economically disadvantaged pupils who are inadequately represented in the technical college and University of Wisconsin Systems and the University of Wisconsin–Madison.

AB40, s. 2456 Section 2456. 115.435 of the statutes is repealed.

AB40, s. 2457 Section 2457. 115.45 of the statutes is repealed.

AB40, s. 2458 Section 2458. 115.53 (3) (a) and (b) of the statutes are consolidated, renumbered 115.53 (3) and amended to read:

AB40,969,23 115.53 (3) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing. The examination shall be paid for from the appropriation in s. 20.255 (1) (b), (gh) or (gs). (b) Arrange for ophthalmic or otological examination of any pupil or prospective pupil of or the school operated by the Wisconsin Center for the Blind and Visually Impaired. The examination shall be paid for from the appropriation in under s. 20.255 (1) (b), (gh), (gL), or (gs).

AB40, s. 2459 Section 2459. 115.53 (4) (unnumbered first par.) and (a) of the statutes are consolidated, renumbered 115.53 (4) and amended to read:

AB40,970,10 115.53 (4) Apply to the board of directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the University of Wisconsin Hospitals and Clinics of any pupil at the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the school operated by the Wisconsin Center for the Blind and Visually Impaired. (a) The application shall be accompanied by the report of a physician appointed by the director of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the director of the Wisconsin Center for the Blind and Visually Impaired and shall be in the same form as reports of other physicians for admission of patients to such hospital.

AB40, s. 2460 Section 2460. 115.53 (4) (b) of the statutes is repealed.

AB40, s. 2461 Section 2461. 116.01 of the statutes is amended to read:

AB40,970,23 116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for a service unit between the school district and the state superintendent. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts and between school districts and the state. Cooperative educational service agencies may provide leadership, coordination, and education services to school districts, University of Wisconsin System institutions, the University of Wisconsin–Madison, and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public, private, and tribal schools, and all public and private agencies and organizations, that provide services to pupils.

AB40, s. 2462 Section 2462. 116.032 (1) of the statutes is amended to read:

AB40,971,6 116.032 (1) Subject to subs. (2) to (5), for the purpose of providing services to pupils, a board of control may contract with school districts, University of Wisconsin System institutions, the University of Wisconsin–Madison, technical college district boards, private schools, tribal schools, and agencies or organizations that provide services to pupils. A board of control may also contract with one or more school boards to operate a charter school under s. 118.40 (3) (c).

AB40, s. 2463 Section 2463. 117.15 (6) of the statutes is amended to read:

AB40,971,16 117.15 (6) The socioeconomic level and racial composition of the pupils who reside or will reside in territory proposed to be detached from one school district and attached to an adjoining school district, in territory proposed to be included in a new school district under s. 117.105 or in school districts proposed to be consolidated or in a school district proposed to be dissolved; the proportion of the pupils who reside in such territory who are children at risk, as defined under s. 118.153 (1) (a); and the effect that the pupils described in this paragraph will have on the present and future socioeconomic level and racial composition of the affected school districts and on the proportion of the affected school districts' enrollments that will be children at risk.

AB40, s. 2464 Section 2464. 118.015 (2) of the statutes is repealed.

AB40, s. 2465 Section 2465. 118.015 (3) (title) of the statutes is repealed.

AB40, s. 2466 Section 2466. 118.015 (3) (intro.) of the statutes is repealed.

AB40, s. 2467 Section 2467. 118.015 (3) (a) of the statutes is renumbered 118.015 (4) (am).

AB40, s. 2468 Section 2468. 118.015 (3) (b) of the statutes is repealed.

AB40, s. 2469 Section 2469. 118.015 (3) (c) of the statutes is repealed.

AB40, s. 2470 Section 2470. 118.015 (3) (d) of the statutes is repealed.

AB40, s. 2471 Section 2471. 118.015 (3) (e) of the statutes is renumbered 118.015 (4) (bm).

AB40, s. 2472 Section 2472. 118.07 (2) (b) of the statutes is amended to read:

AB40,972,7 118.07 (2) (b) In each community having a recognized fire department, the person having direct charge of any public or private school shall annually file a report pertaining to such drills, on a form furnished by the department of commerce safety and professional services, with the chief of the fire department. When no fire drill is held during any month, or when only one or no tornado or other hazard drill is held in a year, the person having direct charge of the school shall state the reasons in the report.

AB40, s. 2473 Section 2473. 118.075 (2) (a) 2. of the statutes is amended to read:

AB40,972,10 118.075 (2) (a) 2. The secretary of commerce safety and professional services or his or her designee.

AB40, s. 2474 Section 2474. 118.075 (2) (f) of the statutes is amended to read:

AB40,972,16 118.075 (2) (f) Upon completing its duties under par. (e), the task force shall report its findings and recommendations to the appropriate standing committees of the legislature under s. 13.172 (3) and to the governor. The task force shall cease to exist on the date on which the department issues its model management plan under sub. (3).

AB40, s. 2475 Section 2475. 118.075 (3) of the statutes is repealed.

AB40, s. 2476 Section 2476. 118.075 (4) of the statutes is repealed.

AB40, s. 2477 Section 2477. 118.135 (2) of the statutes is amended to read:

AB40,972,24 118.135 (2) A pupil who complies with a request under sub. (1) shall provide evidence of an eye examination or evaluation by December 31 following the pupil's enrollment in kindergarten. The school board or charter school shall provide pupils with the form distributed by the department of regulation and licensing safety and professional services under s. 440.03 (16) for that purpose.

AB40, s. 2478 Section 2478. 118.15 (1) (b) of the statutes is amended to read:

AB40,973,9 118.15 (1) (b) Upon the child's request of the school board and with the written approval of the child's parent or guardian, any child who is 16 years of age or over and a child at risk, as defined in s. 118.153 (1) (a), may attend, in lieu of high school or on a part-time basis, a technical college if the child and his or her parent or guardian agree, in writing, that the child will participate in a program leading to the child's high school graduation. The district board of the technical college district in which the child resides shall admit the child. Every technical college district board shall offer day class programs satisfactory to meet the requirements of this paragraph and s. 118.33 (3m) as a condition to the receipt of any state aid.

AB40, s. 2479 Section 2479. 118.153 (title) and (1) (intro.) of the statutes are repealed.

AB40, s. 2480 Section 2480. 118.153 (1) (a) of the statutes is renumbered 115.001 (1m).

AB40, s. 2481 Section 2481. 118.153 (1) (b) of the statutes is renumbered 115.001 (2m).

AB40, s. 2482 Section 2482. 118.153 (2) to (7) of the statutes are repealed.

AB40, s. 2483 Section 2483. 118.16 (2) (cg) 2. of the statutes is amended to read:

AB40,973,18 118.16 (2) (cg) 2. A statement that the parent, guardian or child may request program or curriculum modifications for the child under s. 118.15 (1) (d) and that the child may be eligible for enrollment in a program for children at risk under s. 118.153 (3).

AB40, s. 2484 Section 2484. 118.16 (2m) (a) 2. of the statutes is amended to read:

AB40,973,25 118.16 (2m) (a) 2. An employee of the school district who is directly involved in the provision of a modified program or curriculum under s. 118.15 (1) (d), a program for children at risk under s. 118.153 or an alternative educational program under s. 119.82 or any other alternative educational program to children who attend the school attended by the truant child, if the school district administrator believes that the program or curriculum may be appropriate for the truant child.

AB40, s. 2485 Section 2485. 118.163 (1) (a) of the statutes is repealed.

AB40, s. 2486 Section 2486. 118.19 (1) of the statutes is amended to read:

AB40,974,6 118.19 (1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach in a public school, including a charter school other than a charter school established under s. 118.40 (2r), or in a school or institution operated by a county or the state shall first procure a license or permit from the department.

AB40, s. 2487 Section 2487. 118.205 of the statutes is created to read:

AB40,974,10 118.205 Residency requirements. (1) In this section, "teacher" means any person holding a license or permit issued by the state superintendent whose employment by a school district requires that he or she hold that license or permit.

AB40,974,12 (2) A school board may not require, as a condition of employment, that a teacher reside within the school district.

AB40, s. 2488 Section 2488. 118.29 (6) of the statutes, as created by 2009 Wisconsin Act 160, is amended to read:

AB40,974,21 118.29 (6) Training. Notwithstanding sub. (2) (a) 1. to 2r., no school bus driver, employee, or volunteer may administer a nonprescription drug product or prescription drug under sub. (2) (a) 1. or 2., use an epinephrine auto-injector under sub. (2) (a) 2m., or administer glucagon under sub. (2) (a) 2r. unless he or she has received training, approved by the department, in administering nonprescription drug products and prescription drugs. This subsection does not apply to health care professionals.

AB40, s. 2489 Section 2489. 118.35 (4) of the statutes is amended to read:

AB40,975,3 118.35 (4) From the appropriation under s. 20.255 (2) (fy), the department shall award grants to nonprofit organizations, cooperative educational service agencies, the University of Wisconsin-Madison, and the school district operating under ch. 119 for the purpose of providing advanced curriculum and assessments for to gifted and talented pupils those services and activities not ordinarily provided in a regular school program that allow such pupils to fully develop their capabilities.

AB40, s. 2490 Section 2490. 118.38 (2) (bm) of the statutes is amended to read:

AB40,975,8 118.38 (2) (bm) The department shall promulgate rules establishing criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2. if school is closed for a reason specified in s. 115.01 (10) (a) 2. or 3. (b) or (c).