SB95: Bill Text

SB95, s. 17 Section 17. 120.13 (1) (f) 2. and 3. of the statutes are created to read:

SB95,11,20 120.13 (1) (f) 2. No school board is required to enroll a pupil during the term of his or her expulsion from a public school in another state if the school board determines the conduct giving rise to the pupil's expulsion would have been grounds for expulsion under par. (c) 1., 2., or 2m.

SB95,12,4 3. No school board is required to enroll a pupil during the term of his or her expulsion from a charter school established under s. 118.40 (2r) if the charter or contract for the charter school contains the provisions specified under s. 118.40 (2r) (b) 2m. If a pupil who has been expelled from a charter school established under s. 118.40 (2r) seeks to enroll in a school district during the term of his or her expulsion, upon request of the pupil or, if the pupil is a minor, the pupil's parent or guardian, the governing body of the charter school shall provide the school board of the school district with a copy of the expulsion findings and order, a written explanation of the reasons why the pupil was expelled, and the term of the expulsion.

SB95, s. 18 Section 18. 120.13 (1) (h) 1. a. of the statutes is renumbered 120.13 (1) (h) 1. am.

SB95, s. 19 Section 19. 120.13 (1) (h) 1. ag. of the statutes is created to read:

SB95,12,11 120.13 (1) (h) 1. ag. "Conditional enrollment" means enrollment of an expelled pupil in a school district other than the school district that expelled the pupil before the expiration of the term of expulsion specified in the pupil's expulsion order under par. (c) 3. or (e) 3.

SB95, s. 20 Section 20. 120.13 (1) (h) 1. c. of the statutes is created to read:

SB95,12,17 120.13 (1) (h) 1. c. "Enrollment condition" means a condition that a pupil is required to meet before he or she may be granted conditional enrollment or a condition that a pupil is required to meet after his or her conditional enrollment but before the expiration of the term of expulsion specified in the pupil's expulsion order under par. (c) 3. or (e) 3.

SB95, s. 21 Section 21. 120.13 (1) (h) 2m. of the statutes is created to read:

SB95,13,11 120.13 (1) (h) 2m. A school board other than the school board that expelled a pupil may specify in a written order one or more enrollment conditions instead of or in addition to the early reinstatement conditions imposed under subd. 2. by the school board, or independent hearing panel or independent hearing officer acting under par. (e), that expelled the pupil. Any enrollment conditions established under this subdivision shall relate to the reasons for the pupil's expulsion and may not extend the term of expulsion specified in the expulsion order issued under par. (c) 3. or (e) 3. The school district clerk of the school district other than the school district from which the pupil was expelled shall mail 2 copies of the order to the pupil or, if the pupil is a minor, to the pupil's parent or guardian. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian shall sign and return one copy of the order to the school board other than the school board that expelled the pupil. Within 15 days after the date on which the order under this subdivision is issued, the expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the determination regarding whether an enrollment condition specified in the order is related to the reasons for the pupil's expulsion to the school board that specified the enrollment condition. The decision of the school board under this subdivision regarding that determination is final and not subject to appeal.

SB95, s. 22 Section 22. 120.13 (1) (h) 3m. of the statutes is created to read:

SB95,13,18 120.13 (1) (h) 3m. If the school district administrator, or his or her designee, of a school district other than the school district from which a pupil was expelled determines that the pupil has met the enrollment conditions established in a written order under subd. 2m., the school district administrator or designee may grant the pupil conditional enrollment in a school in the school district. The determination of the school district administrator or designee under this subdivision is final.

SB95, s. 23 Section 23. 120.13 (1) (h) 4. of the statutes is amended to read:

SB95,14,9 120.13 (1) (h) 4. If a pupil granted early reinstatement under subd. 3. violates an early reinstatement condition that the pupil was required to meet after his or her early reinstatement but before the expiration of the term of expulsion, the school district administrator or a principal or teacher designated by the school district administrator may revoke the pupil's early reinstatement. Before revoking the pupil's early reinstatement, the school district administrator or his or her designee shall advise the pupil of the reason for the proposed revocation, including the early reinstatement condition alleged to have been violated, provide the pupil an opportunity to present his or her explanation of the alleged violation , and make a determination that the pupil violated the early reinstatement condition and that revocation of the pupil's early reinstatement is appropriate. If the school district administrator or designee revokes the pupil's early reinstatement, the school district administrator or designee shall give prompt written notice of the revocation and the reason for the revocation, including the early reinstatement condition violated, to the pupil and, if the pupil is a minor, to the pupil's parent or guardian.

SB95, s. 24 Section 24. 120.13 (1) (h) 4m. of the statutes is created to read:

SB95,15,2 120.13 (1) (h) 4m. If a pupil granted conditional enrollment under subd. 3m. violates an enrollment condition that the pupil was required to meet after his or her conditional enrollment but before the expiration of the term of expulsion, the school district administrator of the school district in which the pupil is enrolled, or a principal or teacher designated by the school district administrator, may revoke the pupil's conditional enrollment. Before revoking the pupil's conditional enrollment, the school district administrator or his or her designee shall advise the pupil of the reason for the proposed revocation, including the enrollment condition alleged to have been violated, provide the pupil an opportunity to present his or her explanation of the alleged violation, and make a determination that the pupil violated the enrollment condition and that revocation of the pupil's conditional enrollment is appropriate. If the school district administrator or designee revokes the pupil's conditional enrollment, the school district administrator or designee shall give prompt written notice of the revocation and the reason for the revocation, including the enrollment condition violated, to the pupil and, if the pupil is a minor, to the pupil's parent or guardian.

SB95, s. 25 Section 25. 120.13 (1) (h) 5m. of the statutes is created to read:

SB95,15,9 120.13 (1) (h) 5m. Except as provided in subd. 6m., if a pupil's conditional enrollment is revoked under subd. 4m., the pupil's expulsion shall continue to the expiration of the term of the expulsion specified in the expulsion order unless the pupil or, if the pupil is a minor, the pupil's parent or guardian and the school board that expelled the pupil, or the independent hearing panel or independent hearing officer, agree, in writing, to modify the expulsion order.

SB95, s. 26 Section 26. 120.13 (1) (h) 6m. of the statutes is created to read:

SB95,16,2 120.13 (1) (h) 6m. Within 5 school days after the revocation of a pupil's conditional enrollment under subd. 4m., the pupil or, if the pupil is a minor, the pupil's parent or guardian may request a conference with the administrator of the school district in which the pupil is enrolled, or his or her designee, who shall be someone other than a principal, administrator, or teacher in the pupil's school. If a conference is requested, it shall be held within 5 school days following the request. If, after the conference, the school district administrator or his or her designee finds that the pupil did not violate an enrollment condition or that the revocation was inappropriate, the pupil shall be enrolled in school under the same enrollment conditions as in the order issued under subd. 2m. and the conditional enrollment revocation shall be expunged from the pupil's record. If the school district administrator or his or her designee finds that the pupil violated an enrollment condition and that the revocation was appropriate, he or she shall mail separate copies of the decision to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The decision of the school district administrator or his or her designee is final.

SB95, s. 27 Section 27. 120.17 (8) (a) of the statutes is amended to read:

SB95,16,11 120.17 (8) (a) Annually on or before November 6, or, in those years in which a November general election is held, November 10, 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).

SB95, s. 28 Section 28. 121.58 (6) (title) of the statutes is amended to read:

SB95,16,13 121.58 (6) (title) Appropriation prorated; proration, distribution of balance.

SB95, s. 29 Section 29. 121.58 (6) of the statutes is renumbered 121.58 (6) (a).

SB95, s. 30 Section 30. 121.58 (6) (b) of the statutes is created to read:

SB95,16,20 121.58 (6) (b) If the appropriation under s. 20.255 (2) (cr) in any fiscal year exceeds the amount of approved claims paid in full under this section and s. 121.575, the department shall distribute the balance to those school districts entitled to state aid under this section, with each school district receiving a percentage of the balance equal to its percentage of the total approved claims.

SB95, s. 31 Section 31. Initial applicability.

SB95,16,24 (1) The treatment of section 118.40 (2r) (b) 2m. of the statutes first applies to a charter or contract to establish and operate a charter school that is entered into, modified, or renewed on the effective date of this subsection.

SB95,17,3 (2) The treatment of section 120.13 (1) (f) 2. of the statutes first applies to a pupil expelled from a public school in another state on the effective date of this subsection.

SB95,17,6 (3) The treatment of section 118.33 (1) (e) of the statutes first applies to high school diplomas granted under a policy adopted by a school board after the effective date of this subsection.

SB95,17,8 (4) The treatment of section 115.88 (1) and (1m) (a) of the statutes first applies to state aid paid in the 2012-13 fiscal year.

SB95,17,12 (5) The treatment of section 118.30 (2) (c) of the statutes, the repeal of section 118.225 (1) to (4) of the statutes, and the renumbering and amendment of section 118.225 (intro.) of the statutes first apply to examinations administered during the 2012-2013 school year.

SB95,17,15 (6) The treatment of section 118.43 (3) (intro.), (3r), and (6) (b) 10. of the statutes first applies to state aid distributed under section 118.43 (6) (b) of the statutes in the 2011-12 school year.

SB95,17,18 (7) The renumbering of section 121.58 (6) of the statutes and the creation of section 121.58 (6) (b) of the statutes first apply to aid paid for transportation provided during the 2010-11 school year.

SB95,17,19 (End)