AB40: Bill Text

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AB40, s. 2548 Section 2548. 119.23 (7) (g) of the statutes is repealed.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

AB40,1002,16 121.23 (2) (intro.) If a school district holds less than 180 days of school fails to provide the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) as the result of a strike by school district employees, for the purposes of computing general aid, the state superintendent shall compute the school district's primary and secondary ceiling costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the state superintendent shall:

AB40, s. 2573 Section 2573. 121.55 (3) (b) of the statutes is amended to read:

AB40,1002,25 121.55 (3) (b) Except as provided in par. (c), if 2 or more pupils reside in the same household and attend the same private school, the contract under par. (a) may, at the discretion of the school board of the school district operating under ch. 119, provide for a total annual payment for all such pupils of not less than $5 times the distance in miles between the pupils' residence and the private school they attend, or the school district's average cost per pupil for bus transportation in the previous year exclusive of transportation for kindergarten pupils during the noon hour and for pupils with disabilities, whichever is greater.

AB40, s. 2574 Section 2574. 121.905 (1) of the statutes is amended to read:

AB40,1003,4 121.905 (1) In this section, "revenue ceiling" means $9,000 in the 2009-10 school year and in the 2010-11 school year and $9,800 $8,900 in the 2011-12 school year and in any subsequent school year.

AB40, s. 2575 Section 2575. 121.905 (3) (c) 3r. of the statutes is repealed.

AB40, s. 2576 Section 2576. 121.905 (3) (c) 4. of the statutes is repealed.

AB40, s. 2577 Section 2577. 121.91 (2m) (e) (intro.) of the statutes is amended to read:

AB40,1003,10 121.91 (2m) (e) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2008-09 school year to an amount that exceeds the amount calculated as follows:

AB40, s. 2578 Section 2578. 121.91 (2m) (f) (intro.) of the statutes is amended to read:

AB40,1003,14 121.91 (2m) (f) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2009-10 school year or for the 2010-11 school year to an amount that exceeds the amount calculated as follows:

AB40, s. 2579 Section 2579. 121.91 (2m) (g) (intro.) of the statutes is amended to read:

AB40,1003,18 121.91 (2m) (g) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2011-12 school year to an amount that exceeds the amount calculated as follows:

AB40, s. 2580 Section 2580. 121.91 (2m) (g) 2. of the statutes is repealed.

AB40, s. 2581 Section 2581. 121.91 (2m) (g) 3. of the statutes is amended to read:

AB40,1003,22 121.91 (2m) (g) 3. Multiply the result under subd. 2. 1. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

AB40, s. 2582 Section 2582. 121.91 (2m) (g) 4. of the statutes is created to read:

AB40,1003,24 121.91 (2m) (g) 4. Multiply the result under subd. 3. by 0.055.

AB40, s. 2583 Section 2583. 121.91 (2m) (g) 5. of the statutes is created to read:

AB40,1004,2 121.91 (2m) (g) 5. Subtract the product under subd. 4. from the result under subd. 3.

AB40, s. 2584 Section 2584. 121.91 (2m) (h) (intro.) of the statutes is amended to read:

AB40,1004,6 121.91 (2m) (h) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2012-13 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

AB40, s. 2585 Section 2585. 121.91 (2m) (h) 2. of the statutes is repealed.

AB40, s. 2586 Section 2586. 121.91 (2m) (h) 3. of the statutes is repealed.

AB40, s. 2587 Section 2587. 121.91 (2m) (h) 4. of the statutes is amended to read: