AB40: Bill Text

AB40, s. 2533 Section 2533. 119.04 (1) of the statutes is amended to read:

AB40,990,6 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB40, s. 2534 Section 2534. 119.18 (6) (intro.) and (b) of the statutes are consolidated, renumbered 119.18 (6) and amended to read:

AB40,990,13 119.18 (6) School calendar. The board may determine the school calendar and vacation periods for each school year for the regular day schools, summer schools, social centers, and playgrounds, except that: (b). The board may close any school or dismiss any class in the event of an emergency, fire or other casualty, quarantine, or epidemic.

AB40, s. 2535 Section 2535. 119.18 (6) (a) of the statutes is repealed.

AB40, s. 2536 Section 2536. 119.23 (2) (a) (intro.) of the statutes is amended to read:

AB40,990,18 119.23 (2) (a) (intro.) Subject to par. (b), any Any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any private school located in the city Milwaukee County if all of the following apply:

AB40, s. 2537 Section 2537. 119.23 (2) (a) 1. of the statutes is renumbered 119.23 (2) (a) 1. a. and amended to read:

AB40,991,9 119.23 (2) (a) 1. a. The Except as provided in subd. 1. b., the pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.75 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section if the pupil is a member of a family that has a total family income that does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. For purposes of admission to a private school under this section, siblings of pupils attending a private school under this section are subject to the higher income limit. If a pupil attending a private school under this section ceases to attend a private school under this section, the lower income limit applies unless the pupil is a sibling of a pupil attending a private school under this section.

AB40, s. 2538 Section 2538. 119.23 (2) (a) 1. b. of the statutes is created to read:

AB40,991,13 119.23 (2) (a) 1. b. Beginning in the 2011-12 school year, the family income limits in subd. 1. a. do not apply if the pupil did not attend a school participating in the program under this section during the 2010-11 school year.

AB40, s. 2539 Section 2539. 119.23 (2) (b) of the statutes is repealed.

AB40, s. 2540 Section 2540. 119.23 (3) (a) of the statutes is amended to read:

AB40,992,2 119.23 (3) (a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. If the private school rejects an application, the notice shall include the reason. The private school shall indicate in its letter of acceptance the amount of the payment the parent or guardian of the pupil will receive under sub. (4) and, if applicable, sub. (4m). A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis.

AB40, s. 2541 Section 2541. 119.23 (3m) of the statutes is created to read:

AB40,992,10 119.23 (3m) (a) For a pupil to whom sub. (2) (a) 1. a. applies, whose application is accepted under sub. (3) (a), and who is a member of a family that has a total family income that does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget, the private school may not charge or receive any payment for the pupil other than the payment the school receives under sub. (4) and, if applicable, sub. (4m).

AB40,992,14 (b) 1. Except as provided in subd. 2., for a pupil to whom sub. (2) (a) 1. b. applies and whose application is accepted under sub. (3) (a), the private school may, in addition to the payment it receives for the pupil under sub. (4) and, if applicable, sub. (4m), charge the pupil tuition and fees in an amount determined by the school.

AB40,992,20 2. The private school may not charge or receive any additional payment for a pupil to whom sub. (2) (a) 1. b. applies and whose application is accepted under sub. (3) (a) if the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.25 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

AB40, s. 2542 Section 2542. 119.23 (4) (bg) of the statutes is amended to read:

AB40,993,3 119.23 (4) (bg) In the 2009-10 2011-12 and 2010-11 2012-13 school years, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fu), an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or $6,442, whichever is less.

AB40, s. 2543 Section 2543. 119.23 (5) of the statutes is renumbered 119.23 (5) (b).

AB40, s. 2544 Section 2544. 119.23 (5) (a) of the statutes is created to read:

AB40,993,8 119.23 (5) (a) A private school participating in the program under this section shall immediately notify the department of a decision to cease educational programming operations.

AB40, s. 2545 Section 2545. 119.23 (7) (d) 1. of the statutes is renumbered 119.23 (7) (d) 1. b. and amended to read:

AB40,993,17 119.23 (7) (d) 1. b. A copy of the school's current certificate of occupancy issued by the city municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the city municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the requirement of this subdivision.

AB40, s. 2546 Section 2546. 119.23 (7) (d) 1. a. of the statutes is created to read:

AB40,993,20 119.23 (7) (d) 1. a. In this subdivision, "municipality" has the meaning given in s. 5.02 (11).

AB40, s. 2547 Section 2547. 119.23 (7) (e) 1. of the statutes is amended to read:

AB40,994,7 119.23 (7) (e) 1. In the 2009-10 school year Annually, each private school participating in the program under this section shall administer a nationally normed standardized test in reading, mathematics, and science to pupils attending the school under the program in the 4th, 8th, and 10th grades. Beginning in the 2010-11 school year and annually thereafter, each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1s) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils. Beginning in 2006 and annually thereafter until 2011, the private school shall provide the scores of all standardized tests and examinations that it administers under this subdivision to the School Choice Demonstration Project.

AB40, s. 2548 Section 2548. 119.23 (7) (g) of the statutes is repealed.

AB40, s. 2549 Section 2549. 119.23 (7m) of the statutes is created to read:

AB40,994,13 119.23 (7m) (a) Evidence of any of the following circumstances may indicate that a private school participating in the program under this section does not utilize sound fiscal practices, is not financially viable, or does not have the financial ability to continue educational programming operations:

AB40,994,16 1. The private school's budget and statement of cash flows reveal that the private school has inadequate revenues and other financial resources to fund current operations.

AB40,994,19 2. The audit opinion statement submitted by the private school as required under sub. (7) (am) 1. contains a qualification as to the private school's ability to continue as a going concern.

AB40,994,25 3. The private school failed to make a payment to a vendor for services provided to the private school or to an employee or other individual for expenses incurred on behalf of the private school within 90 days of receipt of invoice or payment request or as per written agreement, or has failed to make payments to an employee pursuant to a written document specifying compensation and dates for payment, as indicated in a written communication from the vendor, employee, or other individual.

AB40,995,4 4. The private school failed to make a filing with or withholding payment to the federal Internal Revenue Service, the Wisconsin department of revenue, or the Wisconsin department of workforce development as indicated in a written communication from one of these agencies.

AB40,995,9 5. An audit, required of the private school by a federal or state agency or local governmental unit and provided to the department of public instruction in compliance with reporting requirements promulgated by the department pursuant to sub. (11), contained questioned costs or findings related to compliance that may affect the private school's ability to continue.

AB40,995,13 6. The private school failed to refund to the department the amount of any overpayment made to the private school under sub. (4) (b) or (bg) or (4m), or the amount of any payment made to the private school for a pupil ineligible to attend the private school under this section.

AB40,995,20 (b) If the department determines that any of the circumstances under par. (a) applies to a private school, the private school shall, upon written request, provide to the department any information required by the department, including an audit of the private school's financial statements in accordance with generally accepted accounting principles, to permit the department to determine whether the private school is utilizing sound fiscal practices, is financially viable, or is financially able to continue educational programming operations.

AB40, s. 2550 Section 2550. 119.23 (11) of the statutes is renumbered 119.23 (11) (intro.) and amended to read:

AB40,995,23 119.23 (11) The department shall promulgate do all of the following:

AB40,995,24 (a) Promulgate rules to implement and administer this section.

AB40, s. 2551 Section 2551. 119.23 (11) (b) of the statutes is created to read:

AB40,996,6 119.23 (11) (b) Notify each private school participating in the program under this section and the parents and guardians of each pupil attending a private school under this section of any proposed changes to the program or to administrative rules governing the program, including changes to application or filing deadlines but not including changes to provisions governing health or safety, prior to the beginning of the school year in which the change takes effect.

AB40, s. 2552 Section 2552. 119.245 of the statutes is repealed.

AB40, s. 2553 Section 2553. 119.495 (2) of the statutes is amended to read:

AB40,996,17 119.495 (2) The board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall make every effort to involve a minority investment firm certified under s. 560.036 490.04 as managing underwriter of the notes or to engage a minority financial adviser certified under s. 560.036 490.04 to advise the city regarding any public sale of the notes.

AB40, s. 2554 Section 2554. 119.496 (2) of the statutes is amended to read:

AB40,997,3 119.496 (2) The board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall establish goals of involving minority investment firms certified under s. 560.036 490.04 as managing underwriters for at least 50% of the total amount financed by the notes and of engaging a minority financial adviser certified under s. 560.036 490.04 to advise the city regarding any public sale of the notes.

AB40, s. 2555 Section 2555. 120.12 (3) (a), (b) and (c) of the statutes are amended to read:

AB40,997,13 120.12 (3) (a) On Annually on or before November 1, determine the amount necessary to be raised to operate and maintain the schools of the school district and public library facilities operated by the school district under s. 43.52, if the annual meeting has not voted a tax sufficient for such purposes for the school year. On Annually on or before November 6, or, in those years in which a November general election is held, the 7th calendar day after the day of the general election, the school district clerk shall certify the appropriate amount so determined to each appropriate municipal clerk who shall assess the amount certified and enter it on the tax rolls as other school district taxes are assessed and entered.

AB40,998,2 (b) If a tax sufficient to operate and maintain the schools of a school district for the ensuing school year has not been determined, certified and levied prior to the effective date of school district reorganization under ch. 117 affecting any territory of the school district, the school board of the affected school district shall determine, on or before the November 1 following the effective date of the reorganization, the amount of deficiency in operation and maintenance funds on the effective date of the reorganization which should have been paid by the property in the affected school district if the tax had been determined, certified and assessed prior to the effective date of the reorganization. On or before November 6, or, in those years in which a November general election is held, the 7th calendar day after the day of the general election, the school district clerk shall certify the appropriate amount to each appropriate municipal clerk who shall assess, enter and collect the amount as a special tax on the property. This paragraph does not affect the apportionment of assets and liabilities under s. 66.0235.

AB40,998,10 (c) If on or before November 1 the school board determines that the annual meeting has voted a tax greater than that needed to operate the schools of the school district for the school year, the school board may lower the tax voted by the annual meeting. On or before November 6, or, in those years in which a November general election is held, the 7th calendar day after the day of the general election, the school district clerk shall certify the appropriate amount so determined to each appropriate municipal clerk who shall assess the amount certified to him or her and enter it on the tax rolls in lieu of the amount previously reported.

AB40, s. 2556 Section 2556. 120.12 (15) of the statutes is amended to read:

AB40,998,18 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employee's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours, and conditions of employment.

AB40, s. 2557 Section 2557. 120.12 (27) (a) and (b) of the statutes are amended to read:

AB40,998,23 120.12 (27) (a) Within 24 hours of a school being closed for a reason specified in s. 115.01 (10) (a) 2. or 3. (b) or (c) or by the department of health services under s. 252.02 (3), notify the department. The notice shall include the reason for the closure.

AB40,999,2 (b) Within 24 hours of reopening a school that was closed for a reason specified in s. 115.01 (10) (a) 2. or 3. (b) or (c) or by the department of health services under s. 252.02 (3), notify the department that the school has reopened. In the notice, the school board shall include the number of days the school was closed.

AB40, s. 2558 Section 2558. 120.13 (2) (g) of the statutes is amended to read:

AB40,999,7 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.87 (4), (5), and (6), 632.885, 632.89, 632.895 (9) to (17) (16m), 632.896, and 767.513 (4).

AB40, s. 2559 Section 2559. 120.17 (8) (a) of the statutes is amended to read:

AB40,999,17 120.17 (8) (a) Annually on or before November 6, or, in those years in which a November general election is held, the 7th calendar day after the day of the general election, deliver to the clerk of each municipality having territory within the school district a certified statement showing that proportion of the amount of taxes voted and not before reported, and that proportion of the amount of tax to be collected in such year, if any, for the annual payment of any loan to be assessed on that part of the school district territory lying within the municipality. Such proportion shall be determined from the full values certified to the school district clerk under s. 121.06 (2).

AB40, s. 2560 Section 2560. 121.004 (7) (c) 1. b. of the statutes is amended to read:

AB40,999,25 121.004 (7) (c) 1. b. A pupil enrolled in a 5-year-old kindergarten program requiring full-day attendance for less than 5 days a week for an entire school year term shall be counted as the result obtained by multiplying the number of hours in each day in which the pupil is enrolled by the total number of days for which the pupil is enrolled, and dividing the result by the product of the total number of hours of attendance per day required of first grade pupils in the school district multiplied by 180.

AB40, s. 2561 Section 2561. 121.004 (7) (cm) of the statutes is amended to read:

AB40,1000,6 121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program, including a 4-year-old kindergarten program being phased in under s. 118.14 (3) (b), that provides the required number of hours of direct pupil instruction under s. 121.02 (1) (f) 2. shall be counted as 0.6 pupil if the program annually provides at least 87.5 additional hours of outreach activities.

AB40, s. 2562 Section 2562. 121.006 (2) (a) of the statutes is renumbered 121.006 (2) (a) (intro.) and amended to read:

AB40,1000,11 121.006 (2) (a) (intro.) Hold school for at least 180 days each year the minimum number of hours of direct pupil instruction required for the grade in which a pupil is enrolled as specified in s. 121.02 (1) (f), less any days of the following:

AB40,1000,14 1. Hours during which the state superintendent determines that school is not held or educational standards are not maintained as the result of a strike by school district employees, the days to be computed in accordance with s. 115.01 (10).

AB40, s. 2563 Section 2563. 121.006 (2) (a) 2. of the statutes is created to read:

AB40,1000,18 121.006 (2) (a) 2. Hours during which school is closed by order of the school district administrator because of inclement weather and hours during which parent-teacher conferences are held, not to exceed 35 hours during the school term.

AB40, s. 2564 Section 2564. 121.006 (2) (a) 3. of the statutes is created to read:

AB40,1000,21 121.006 (2) (a) 3. Hours during which school is closed by order of a local health officer, as defined in s. 250.01 (5), or the department of health services.

AB40, s. 2565 Section 2565. 121.006 (2) (a) 4. of the statutes is created to read:

AB40,1001,2 121.006 (2) (a) 4. Hours during which school is closed by order of the school district administrator because of a threat to the health or safety of pupils or school personnel, but not including inclement weather, unless the school board determines that the hours will not count as hours of direct pupil instruction for purposes of s. 121.02 (1) (f).

AB40, s. 2566 Section 2566. 121.007 of the statutes is amended to read:

AB40,1001,9 121.007 Use of state aid; exemption from execution. All moneys paid to a school district under s. 20.255 (2) (ac), (bc), (cg), and (cr), shall be used by the school district solely for the purposes for which paid. Such moneys are exempt from execution, attachment, garnishment, or other process in favor of creditors, except as to claims for salaries or wages of teachers and other school employees and as to claims for school materials, supplies, fuel, and current repairs.

AB40, s. 2567 Section 2567. 121.02 (1) (a) 2. of the statutes is amended to read:

AB40,1001,17 121.02 (1) (a) 2. Subject to s. 118.40 (2r) (d) 1. and (8) (b) 2., ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. For purposes of this subdivision, a virtual charter school is located in the school district specified in s. 118.40 (8) (a) and a charter school established under s. 118.40 (3) (c) 1. c. is located in the school district specified in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining "instructional staff" for purposes of this subdivision.

AB40, s. 2568 Section 2568. 121.02 (1) (f) 1. of the statutes is repealed.

AB40, s. 2569 Section 2569. 121.02 (1) (f) 2. of the statutes is renumbered 121.02 (1) (f) and amended to read:

AB40,1002,3 121.02 (1) (f) Annually, schedule at least 437 hours of direct pupil instruction in kindergarten, at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12. Scheduled hours under this subdivision paragraph include recess and time for pupils to transfer between classes but do not include the lunch period. Scheduled hours under this paragraph may include up to 35 hours on Saturdays. A school board operating a 4-year-old kindergarten program may use up to 87.5 of the scheduled hours for outreach activities.

AB40, s. 2570 Section 2570. 121.02 (1) (n) of the statutes is repealed.

AB40, s. 2571 Section 2571. 121.08 (4) (a) 1. of the statutes is amended to read:

AB40,1002,9 121.08 (4) (a) 1. In the 2009-10 and 2010-11 school year, add Add the amounts paid under s. 118.40 (2r) in the current school year, and in the 2011-12 school year and each school year thereafter, add the amounts paid under s. 118.40 (2r) in the 2010-11 school year.

AB40, s. 2572 Section 2572. 121.23 (2) (intro.) of the statutes is amended to read: