Under current law, DPI must prorate state aid payments to school districts for
transportation costs if the amount appropriated does not cover all eligible costs.
Under this bill, if funds remain after DPI pays all approved claims, DPI must
distribute the balance to school districts on a prorated basis.

School libraries
Current law allows a school district to use up to 25 percent of the moneys it
receives from the common school fund in a fiscal year to purchase school library
computers and related software. This bill eliminates the 25 percent limit.
MPS teaching days
Under current law, the board of Milwaukee Public Schools determines the
school calendar and vacation periods for the regular day and summer schools each
school year, but the board may not schedule more than 200 teaching days in the
regular day school period in any school year. This bill eliminates the requirement
that no more than 200 teaching days be scheduled in the regular day school period.
Law enforcement records
Under current law, law enforcement records obtained by and relating to the
conduct of a pupil of a school district may not be used as the sole basis for expelling
or suspending the pupil or as the sole basis for taking any other disciplinary action
against the pupil, including action under the school district's athletic code. This bill
permits a school district to use such law enforcement records as the sole basis for
taking action against a pupil under the district's athletic code.
Credits for sports
Current law requires a high school pupil to earn 1.5 credits in physical
education in order to be eligible for a high school diploma. This bill authorizes a
school board to adopt a policy granting a pupil credit in physical education for
completing a season in an extracurricular sport if the sport is sanctioned by the
Wisconsin Interscholastic Athletic Association.
Tax levy
Under current law, each school board must annually determine the amount
necessary to be raised to operate and maintain the schools of the school district and
must, on or before November 6, certify that amount to the municipal clerk to assess
and enter onto the tax rolls. This bill provides that, in years in which a November
general election is held, the school board must certify the amount to be assessed on
or before November 10.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB95, s. 1 1Section 1. 43.70 (3) of the statutes is amended to read:
SB95,6,152 43.70 (3) Immediately upon making such apportionment, the state
3superintendent shall certify to the department of administration the estimated
4amount that each school district is entitled to receive under this section and shall

1notify each school district administrator of the estimated amount so certified for his
2or her school district. The department of administration shall distribute each school
3district's aid entitlement in one payment on or before May 1. The amount paid to each
4school district shall be based upon the amount in the appropriation account under
5s. 20.255 (2) (s) on April 15. Moneys distributed under this section may be expended
6only for the purchase of instructional materials from the state historical society for
7use in teaching Wisconsin history and for the purchase of library books and other
8instructional materials for school libraries, but not for public library facilities
9operated by school districts under s. 43.52, in accordance with rules promulgated by
10the state superintendent. In addition, a school district may use up to 25 percent of
11the moneys received in a fiscal year under this section to purchase school library
12computers and related software if the school board consults with the person who
13supervises the school district's libraries and the computers and software are housed
14in the school library. Appropriate records of all purchases under this section shall
15be kept and necessary reports thereon shall be made to the state superintendent.
SB95, s. 2 16Section 2. 115.88 (1) of the statutes is amended to read:
SB95,7,717 115.88 (1) Personnel. A school board, board of control of a cooperative
18educational service agency or, upon authorization of the county board, a county
19children with disabilities education board may employ, for a special education
20program, either full- full-time or part-time licensed teachers, licensed coordinators
21of special education, school nurses, licensed school social workers, licensed school
22psychologists, licensed school counselors, paraprofessionals, licensed consulting
23teachers to work with any teacher of regular education programs who has a child
24with a disability in a class and any other personnel approved by the department. The
25board may contract with private or public agencies for physical or occupational

1therapy services, orientation and mobility training services, educational interpreter
2services, educational audiology, speech therapy, pupil transition services, or any
3service approved by the state superintendent,
on the basis of demonstrated need. A
4school board may contract with a charter school to provide special education services
5to pupils attending the charter school if the charter school is under contract with the
6school board under s. 118.40 (2m) and the charter school is not an instrumentality
7of the school district.
SB95, s. 3 8Section 3. 115.88 (1m) (a) of the statutes is amended to read:
SB95,7,209 115.88 (1m) (a) Subject to par. (b), upon receipt of the plan under s. 115.77 (4),
10if the state superintendent is satisfied that the special education program has been
11maintained during the preceding school year in accordance with law, the state
12superintendent shall certify to the department of administration in favor of each
13county, cooperative educational service agency, and school district maintaining such
14special education program a sum equal to the amount expended by the county,
15agency, and school district during the preceding year for salaries of personnel
16enumerated in sub. (1),; the salary portion of any authorized contract for physical or
17occupational therapy
services under sub. (1); the salary portion of any contract to
18provide special education services to pupils attending a charter school, as authorized
19under sub. (1); and other expenses approved by the state superintendent, as costs
20eligible for reimbursement from the appropriation under s. 20.255 (2) (b).
SB95, s. 4 21Section 4. 118.125 (5) (b) of the statutes is amended to read:
SB95,8,322 118.125 (5) (b) Law enforcement officers' records obtained under s. 48.396 (1)
23or 938.396 (1) (b) 2. or (c) 3. and records of the court assigned to exercise jurisdiction
24under chs. 48 and 938 or of a municipal court obtained under s. 938.396 (2g) (m) may
25not be used by a school district as the sole basis for expelling or suspending a pupil

1or as the sole basis for taking any other disciplinary action , including against a pupil,
2but may be used as the sole basis for taking
action against a pupil under the school
3district's athletic code, against a pupil.
SB95, s. 5 4Section 5. 118.225 (intro.) of the statutes is renumbered 118.225 and amended
5to read:
SB95,8,9 6118.225 Teacher evaluations. A school board may use the results of
7examinations administered to pupils under s. 118.30 and 20 USC 6311 (b) (3) to
8evaluate teachers if the school board has developed a teacher evaluation plan that
9includes all of the following:
.
SB95, s. 6 10Section 6. 118.225 (1) to (4) of the statutes are repealed.
SB95, s. 7 11Section 7. 118.30 (2) (c) of the statutes is amended to read:
SB95,8,1512 118.30 (2) (c) The results of examinations administered under this section or
13under 20 USC 6311 (b) (3) to pupils enrolled in public schools, including charter
14schools, may not be used as the sole reason to discharge, suspend, or formally
15discipline a teacher or as the sole reason for the nonrenewal of a teacher's contract.
SB95, s. 8 16Section 8. 118.33 (1) (e) of the statutes is created to read:
SB95,8,2117 118.33 (1) (e) A school board may adopt a policy granting a pupil credit in
18physical education under par. (a) 1. for completing a season in an extracurricular
19sport if the sport is sanctioned by the Wisconsin Interscholastic Athletic Association.
20If a school board adopts a policy under this paragraph, it shall provide the
21department with a copy.
SB95, s. 9 22Section 9. 118.40 (2r) (b) 2m. of the statutes is created to read:
SB95,9,223 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling
24a pupil from the charter school, but the charter or contract may not include as a

1ground for expulsion any ground for expulsion other than the grounds for expulsion
2under s. 120.13 (1) (c) 1., 2., or 2m.
SB95,9,73 b. If the charter or contract includes grounds for expelling a pupil from the
4charter school as permitted under subd. 2m. a., the charter or contract shall include
5the procedures to be followed by the charter school prior to expelling a pupil. The
6procedures required under this subd. 2m. b. shall conform to the procedures specified
7under s. 120.13 (1) (c) 3. and 4. or to the procedures specified under s. 120.13 (1) (e).
SB95, s. 10 8Section 10. 118.43 (3) (intro.) of the statutes is amended to read:
SB95,9,119 118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am),
10(ar), and (at) and sub. (3r), an achievement guarantee contract shall require the
11school board to do all of the following in each participating school:
SB95, s. 11 12Section 11. 118.43 (3r) of the statutes is created to read:
SB95,9,1813 118.43 (3r) Adjustment to participating grades. A school district that has
14entered into or renewed an achievement guarantee contract under this section may,
15in one or more years covered by the contract, choose not to comply with the
16requirement to reduce class size in the manner required under sub. (3) (a), (am), (ar),
17or (at) or permitted under sub. (3m) in one or more of the grades covered by the
18contract in one or more schools in the district.
SB95, s. 12 19Section 12. 118.43 (6) (b) 10. of the statutes is amended to read:
SB95,9,2520 118.43 (6) (b) 10. In the 2010-11 school year and any subsequent school year,
21$2,250 multiplied by the number of low-income pupils enrolled in grades a grade
22eligible for funding, and in a class in which the class size has been reduced in the
23manner required under sub. (3) (a), (am), (ar), or (at) or permitted under sub. (3m),

24in each school in the school district covered by contracts under sub. (3) (at) and by
25renewals of contracts under sub. (2) (g).
SB95, s. 13
1Section 13. 119.18 (6) (intro.) and (b) of the statutes are consolidated,
2renumbered 119.18 (6) and amended to read:
SB95,10,73 119.18 (6) School calendar. The board may determine the school calendar and
4vacation periods for each school year for the regular day schools, summer schools,
5social centers, and playgrounds, except that: (b). The board may close any school or
6dismiss any class in the event of an emergency, fire or other casualty, quarantine, or
7epidemic.
SB95, s. 14 8Section 14. 119.18 (6) (a) of the statutes is repealed.
SB95, s. 15 9Section 15. 120.12 (3) (a), (b) and (c) of the statutes are amended to read:
SB95,10,1810 120.12 (3) (a) On Annually on or before November 1, determine the amount
11necessary to be raised to operate and maintain the schools of the school district and
12public library facilities operated by the school district under s. 43.52, if the annual
13meeting has not voted a tax sufficient for such purposes for the school year. On
14Annually on or before November 6, or, in those years in which a November general
15election is held, November 10,
the school district clerk shall certify the appropriate
16amount so determined to each appropriate municipal clerk who shall assess the
17amount certified and enter it on the tax rolls as other school district taxes are
18assessed and entered.
SB95,11,619 (b) If a tax sufficient to operate and maintain the schools of a school district for
20the ensuing school year has not been determined, certified and levied prior to the
21effective date of school district reorganization under ch. 117 affecting any territory
22of the school district, the school board of the affected school district shall determine,
23on or before the November 1 following the effective date of the reorganization, the
24amount of deficiency in operation and maintenance funds on the effective date of the
25reorganization which should have been paid by the property in the affected school

1district if the tax had been determined, certified and assessed prior to the effective
2date of the reorganization. On or before November 6, or, in those years in which a
3November general election is held, November 10,
the school district clerk shall
4certify the appropriate amount to each appropriate municipal clerk who shall assess,
5enter and collect the amount as a special tax on the property. This paragraph does
6not affect the apportionment of assets and liabilities under s. 66.0235.
SB95,11,147 (c) If on or before November 1 the school board determines that the annual
8meeting has voted a tax greater than that needed to operate the schools of the school
9district for the school year, the school board may lower the tax voted by the annual
10meeting. On or before November 6, or, in those years in which a November general
11election is held, November 10,
the school district clerk shall certify the appropriate
12amount so determined to each appropriate municipal clerk who shall assess the
13amount certified to him or her and enter it on the tax rolls in lieu of the amount
14previously reported.
SB95, s. 16 15Section 16. 120.13 (1) (f) of the statutes is renumbered 120.13 (1) (f) 1.
SB95, s. 17 16Section 17. 120.13 (1) (f) 2. and 3. of the statutes are created to read:
SB95,11,2017 120.13 (1) (f) 2. No school board is required to enroll a pupil during the term
18of his or her expulsion from a public school in another state if the school board
19determines the conduct giving rise to the pupil's expulsion would have been grounds
20for expulsion under par. (c) 1., 2., or 2m.
SB95,12,421 3. No school board is required to enroll a pupil during the term of his or her
22expulsion from a charter school established under s. 118.40 (2r) if the charter or
23contract for the charter school contains the provisions specified under s. 118.40 (2r)
24(b) 2m. If a pupil who has been expelled from a charter school established under s.
25118.40 (2r) seeks to enroll in a school district during the term of his or her expulsion,

1upon request of the pupil or, if the pupil is a minor, the pupil's parent or guardian,
2the governing body of the charter school shall provide the school board of the school
3district with a copy of the expulsion findings and order, a written explanation of the
4reasons why the pupil was expelled, and the term of the expulsion.
SB95, s. 18 5Section 18. 120.13 (1) (h) 1. a. of the statutes is renumbered 120.13 (1) (h) 1.
6am.
SB95, s. 19 7Section 19. 120.13 (1) (h) 1. ag. of the statutes is created to read:
SB95,12,118 120.13 (1) (h) 1. ag. "Conditional enrollment" means enrollment of an expelled
9pupil in a school district other than the school district that expelled the pupil before
10the expiration of the term of expulsion specified in the pupil's expulsion order under
11par. (c) 3. or (e) 3.
SB95, s. 20 12Section 20. 120.13 (1) (h) 1. c. of the statutes is created to read:
SB95,12,1713 120.13 (1) (h) 1. c. "Enrollment condition" means a condition that a pupil is
14required to meet before he or she may be granted conditional enrollment or a
15condition that a pupil is required to meet after his or her conditional enrollment but
16before the expiration of the term of expulsion specified in the pupil's expulsion order
17under par. (c) 3. or (e) 3.
SB95, s. 21 18Section 21. 120.13 (1) (h) 2m. of the statutes is created to read:
SB95,13,1119 120.13 (1) (h) 2m. A school board other than the school board that expelled a
20pupil may specify in a written order one or more enrollment conditions instead of or
21in addition to the early reinstatement conditions imposed under subd. 2. by the
22school board, or independent hearing panel or independent hearing officer acting
23under par. (e), that expelled the pupil. Any enrollment conditions established under
24this subdivision shall relate to the reasons for the pupil's expulsion and may not
25extend the term of expulsion specified in the expulsion order issued under par. (c) 3.

1or (e) 3. The school district clerk of the school district other than the school district
2from which the pupil was expelled shall mail 2 copies of the order to the pupil or, if
3the pupil is a minor, to the pupil's parent or guardian. The expelled pupil or, if the
4pupil is a minor, the pupil's parent or guardian shall sign and return one copy of the
5order to the school board other than the school board that expelled the pupil. Within
615 days after the date on which the order under this subdivision is issued, the
7expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal
8the determination regarding whether an enrollment condition specified in the order
9is related to the reasons for the pupil's expulsion to the school board that specified
10the enrollment condition. The decision of the school board under this subdivision
11regarding that determination is final and not subject to appeal.
SB95, s. 22 12Section 22. 120.13 (1) (h) 3m. of the statutes is created to read:
SB95,13,1813 120.13 (1) (h) 3m. If the school district administrator, or his or her designee,
14of a school district other than the school district from which a pupil was expelled
15determines that the pupil has met the enrollment conditions established in a written
16order under subd. 2m., the school district administrator or designee may grant the
17pupil conditional enrollment in a school in the school district. The determination of
18the school district administrator or designee under this subdivision is final.
SB95, s. 23 19Section 23. 120.13 (1) (h) 4. of the statutes is amended to read:
SB95,14,920 120.13 (1) (h) 4. If a pupil granted early reinstatement under subd. 3. violates
21an early reinstatement condition that the pupil was required to meet after his or her
22early reinstatement but before the expiration of the term of expulsion, the school
23district administrator or a principal or teacher designated by the school district
24administrator may revoke the pupil's early reinstatement. Before revoking the
25pupil's early reinstatement, the school district administrator or his or her designee

1shall advise the pupil of the reason for the proposed revocation, including the early
2reinstatement condition alleged to have been violated, provide the pupil an
3opportunity to present his or her explanation of the alleged violation , and make a
4determination that the pupil violated the early reinstatement condition and that
5revocation of the pupil's early reinstatement is appropriate. If the school district
6administrator or designee revokes the pupil's early reinstatement, the school district
7administrator or designee shall give prompt written notice of the revocation and the
8reason for the revocation, including the early reinstatement condition violated, to the
9pupil and, if the pupil is a minor, to the pupil's parent or guardian.
SB95, s. 24 10Section 24. 120.13 (1) (h) 4m. of the statutes is created to read:
SB95,15,211 120.13 (1) (h) 4m. If a pupil granted conditional enrollment under subd. 3m.
12violates an enrollment condition that the pupil was required to meet after his or her
13conditional enrollment but before the expiration of the term of expulsion, the school
14district administrator of the school district in which the pupil is enrolled, or a
15principal or teacher designated by the school district administrator, may revoke the
16pupil's conditional enrollment. Before revoking the pupil's conditional enrollment,
17the school district administrator or his or her designee shall advise the pupil of the
18reason for the proposed revocation, including the enrollment condition alleged to
19have been violated, provide the pupil an opportunity to present his or her
20explanation of the alleged violation, and make a determination that the pupil
21violated the enrollment condition and that revocation of the pupil's conditional
22enrollment is appropriate. If the school district administrator or designee revokes
23the pupil's conditional enrollment, the school district administrator or designee shall
24give prompt written notice of the revocation and the reason for the revocation,

1including the enrollment condition violated, to the pupil and, if the pupil is a minor,
2to the pupil's parent or guardian.
SB95, s. 25 3Section 25. 120.13 (1) (h) 5m. of the statutes is created to read:
SB95,15,94 120.13 (1) (h) 5m. Except as provided in subd. 6m., if a pupil's conditional
5enrollment is revoked under subd. 4m., the pupil's expulsion shall continue to the
6expiration of the term of the expulsion specified in the expulsion order unless the
7pupil or, if the pupil is a minor, the pupil's parent or guardian and the school board
8that expelled the pupil, or the independent hearing panel or independent hearing
9officer, agree, in writing, to modify the expulsion order.
SB95, s. 26 10Section 26. 120.13 (1) (h) 6m. of the statutes is created to read:
SB95,16,211 120.13 (1) (h) 6m. Within 5 school days after the revocation of a pupil's
12conditional enrollment under subd. 4m., the pupil or, if the pupil is a minor, the
13pupil's parent or guardian may request a conference with the administrator of the
14school district in which the pupil is enrolled, or his or her designee, who shall be
15someone other than a principal, administrator, or teacher in the pupil's school. If a
16conference is requested, it shall be held within 5 school days following the request.
17If, after the conference, the school district administrator or his or her designee finds
18that the pupil did not violate an enrollment condition or that the revocation was
19inappropriate, the pupil shall be enrolled in school under the same enrollment
20conditions as in the order issued under subd. 2m. and the conditional enrollment
21revocation shall be expunged from the pupil's record. If the school district
22administrator or his or her designee finds that the pupil violated an enrollment
23condition and that the revocation was appropriate, he or she shall mail separate
24copies of the decision to the pupil and, if the pupil is a minor, to the pupil's parent or

1guardian. The decision of the school district administrator or his or her designee is
2final.
SB95, s. 27 3Section 27. 120.17 (8) (a) of the statutes is amended to read:
SB95,16,114 120.17 (8) (a) Annually on or before November 6, or, in those years in which a
5November general election is held, November 10,
deliver to the clerk of each
6municipality having territory within the school district a certified statement
7showing that proportion of the amount of taxes voted and not before reported, and
8that proportion of the amount of tax to be collected in such year, if any, for the annual
9payment of any loan to be assessed on that part of the school district territory lying
10within the municipality. Such proportion shall be determined from the full values
11certified to the school district clerk under s. 121.06 (2).
SB95, s. 28 12Section 28. 121.58 (6) (title) of the statutes is amended to read:
SB95,16,1313 121.58 (6) (title) Appropriation prorated; proration, distribution of balance.
SB95, s. 29 14Section 29. 121.58 (6) of the statutes is renumbered 121.58 (6) (a).
SB95, s. 30 15Section 30. 121.58 (6) (b) of the statutes is created to read:
SB95,16,2016 121.58 (6) (b) If the appropriation under s. 20.255 (2) (cr) in any fiscal year
17exceeds the amount of approved claims paid in full under this section and s. 121.575,
18the department shall distribute the balance to those school districts entitled to state
19aid under this section, with each school district receiving a percentage of the balance
20equal to its percentage of the total approved claims.
SB95, s. 31 21Section 31. Initial applicability.
SB95,16,24 22(1) The treatment of section 118.40 (2r) (b) 2m. of the statutes first applies to
23a charter or contract to establish and operate a charter school that is entered into,
24modified, or renewed on the effective date of this subsection.
SB95,17,3
1(2) The treatment of section 120.13 (1) (f) 2. of the statutes first applies to a
2pupil expelled from a public school in another state on the effective date of this
3subsection.
SB95,17,6 4(3) The treatment of section 118.33 (1) (e) of the statutes first applies to high
5school diplomas granted under a policy adopted by a school board after the effective
6date of this subsection.
SB95,17,8 7(4) The treatment of section 115.88 (1) and (1m) (a) of the statutes first applies
8to state aid paid in the 2012-13 fiscal year.
SB95,17,12 9(5) The treatment of section 118.30 (2) (c) of the statutes, the repeal of section
10118.225 (1) to (4) of the statutes, and the renumbering and amendment of section
11118.225 (intro.) of the statutes first apply to examinations administered during the
122012-2013 school year.
SB95,17,15 13(6) The treatment of section 118.43 (3) (intro.), (3r), and (6) (b) 10. of the statutes
14first applies to state aid distributed under section 118.43 (6) (b) of the statutes in the
152011-12 school year.
SB95,17,18 16(7) The renumbering of section 121.58 (6) of the statutes and the creation of
17section 121.58 (6) (b) of the statutes first apply to aid paid for transportation provided
18during the 2010-11 school year.
SB95,17,1919 (End)
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