AB64: Bill Text

AB64,733,3 b. With the assistance of the department of justice, conduct a background investigation of all teachers and administrators employed by the private school on the effective date of this subd. 3d. b. .... [LRB inserts date].

AB64,733,8 c. At least once every 5 years after a teacher's or administrator's initial background investigation under this subdivision, with the assistance of the department of justice, conduct another additional background check on the teacher or administrator if the teacher or administrator remains employed by the private school.

AB64,1614 Section 1614. 119.23 (7) (d) 2. of the statutes is amended to read:

AB64,733,13 119.23 (7) (d) 2. Evidence of financial viability, as prescribed by the department by rule. The department may not require a private school that is not a new private school and that is in good standing with the department to submit to the department the private school's annual operating budget as evidence of its financial viability.

AB64,1615 Section 1615. 119.23 (10) (a) 1. of the statutes is amended to read:

AB64,733,16 119.23 (10) (a) 1. Misrepresented information required under sub. (7) (d) this section or any rule promulgated under this section.

AB64,1616 Section 1616. 119.23 (10) (a) 4. of the statutes is repealed.

AB64,1617 Section 1617 . 119.23 (10) (a) 5. of the statutes is amended to read:

AB64,733,20 119.23 (10) (a) 5. Failed to provide the information required under sub. (6m) or (6p).

AB64,1618 Section 1618. 119.23 (10) (am) 4. of the statutes is created to read:

AB64,733,23 119.23 (10) (am) 4. Misrepresented any information required under this section or under any rule promulgated under this section.

AB64,1619 Section 1619 . 119.61 (1) (c) 3. of the statutes is amended to read:

AB64,734,3 119.61 (1) (c) 3. The number of hours of pupil instruction offered in the school building in the previous school year was less than 80 percent of the number of hours of pupil instruction required to be scheduled under s. 121.02 (1) (f) 2., 2015 stats.

AB64,1620 Section 1620. 119.83 of the statutes is created to read:

AB64,734,5 119.83 School performance incentive program. (1) In this section:

AB64,734,7 (a) “Accountability report” means the school and school district accountability report published under s. 115.385.

AB64,734,9 (b) “Eligible school” means any of the following that is located within the geographical boundaries of a city school district:

AB64,734,11 1. A public school that is under the control of the board, including a charter school under contract with the board.

AB64,734,12 2. A charter school established under s. 118.40 (2r) or (2x).

AB64,734,13 3. A private school participating in the program under s. 119.23.

AB64,734,17 (2) Beginning in the 2018-19 school year, subject to sub. (4), the department shall award an amount determined as follows to each eligible school that is placed in a performance category of “significantly exceeds expectations" or “exceeds expectations" on the accountability report for the immediately preceding school year:

AB64,734,20 (a) Divide the amount appropriated under s. 20.255 (2) (df) by the sum of the number of pupils enrolled in each school eligible to receive an award under this subsection.

AB64,734,22 (b) Multiply the quotient determined in par. (a) by the number of pupils enrolled in the school.

AB64,735,3 (3) Beginning in the 2018-19 school year, subject to sub. (4), the department shall award an amount determined as follows to each eligible school that increases by at least 3 points the numeric score that was the basis for the eligible school's performance category on the accountability report in the preceding school year over the eligible school's numeric score on the immediately preceding accountability report:

AB64,735,6 (a) Divide the amount appropriated under s. 20.255 (2) (dg) by the sum of the number of pupils enrolled in each school eligible to receive an award under this subsection.

AB64,735,8 (b) Multiply the quotient determined in par. (a) by the number of pupils enrolled in the school.

AB64,735,11 (4) In each school year, the department may not make an award under sub. (2) or (3) before the department of administration approves the per pupil amount calculated under subs. (2) and (3).

AB64,735,13 (5) The board shall distribute funds it receives under this section to the school administrator of the eligible school that earned the award under sub. (2) or (3).

AB64,1621 Section 1621. 120.08 (1) (a) of the statutes is amended to read:

AB64,735,23 120.08 (1) (a) Common school School districts shall hold an annual meeting on the 4th Monday in July at 8 p.m. and union high school districts shall hold an annual meeting on the 3rd Monday in July at 8 p.m. on a date and hour determined by the school board unless the electors at one annual meeting determine to thereafter hold the annual meeting on a different date or hour, or authorize the school board to establish a different date or hour. No annual meeting may be held before May 15 or after October 31. The first school district meeting in a common or union high school district created under s. 117.08, 117.09, or 117.27 shall be considered an annual meeting.

AB64,1622 Section 1622. 120.11 (1) of the statutes is amended to read:

AB64,736,10 120.11 (1) The school board in a common or union high school district shall hold a regular meeting at least once each month at a time and place determined by the school board and may hold special school board meetings under sub. (2). A majority of the school board members constitute a quorum at a regular or special school board meeting. The school district president shall preside at school board meetings. In the president's absence, the school district vice president shall preside or, in the case of a 3-member board, the school board may select another school board member to preside. The school district clerk shall record the minutes of school board meetings and, in his or her absence, the school board may select another school board member to act as the clerk of the meeting.

AB64,1623 Section 1623. 120.12 (2r) of the statutes is created to read:

AB64,736,17 120.12 (2r) Educator background investigation. (a) Beginning on the effective date of this subsection .... [LRB inserts date], with the assistance of the department of justice, at least once every 5 years after the initial background investigation conducted under s. 118.19 (10) (b), conduct a background investigation of each individual who holds a teaching license or administrator's license issued under s. 118.19 and who is employed by the school board.

AB64,736,19 (b) In lieu of conducting the background investigation required under par. (a), contract with the department to conduct the background investigation.

AB64,1624 Section 1624. 120.13 (7m) of the statutes is created to read:

AB64,736,22 120.13 (7m) Student teachers. Provide compensation to a student teacher for time spent in a classroom that involves direct interaction with pupils.

AB64,1625 Section 1625. 120.13 (14) (a) of the statutes is amended to read:

AB64,737,17 120.13 (14) (a) Establish and provide or contract for the provision of child care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a child care program established under this subsection. Costs associated with a child care program under this subsection may not be included in shared costs under s. 121.07 (6). Child care programs established under this subsection shall meet the standards for licensed child care centers established by the department of children and families. Pursuant to ss. 48.66 (1) (a), 48.73, and 48.74, the department of children and families may visit and inspect the premises of, inspect the records of, and investigate and prosecute any alleged violations occurring at any child care program established or contracted for under this subsection that receives payment under s. 49.155 for the child care provided. If a school board proposes to contract for the provision of a child care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a child care program under this subsection, the school board shall refer the proposed contractor to the department of children and families for the criminal history and child abuse record search required under s. 48.685. Each school board shall provide the department of health services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5.

AB64,1626 Section 1626 . 120.13 (14) (a) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64,738,13 120.13 (14) (a) Establish and provide or contract for the provision of child care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a child care program established under this subsection. Costs associated with a child care program under this subsection may not be included in shared costs under s. 121.07 (6). Child care programs established under this subsection shall meet the standards for licensed child care centers established by the department of children and families. Pursuant to ss. 48.66 (1) (a), 48.73, and 48.74, the department of children and families may visit and inspect the premises of, inspect the records of, and investigate and prosecute any alleged violations occurring at any child care program established or contracted for under this subsection that receives payment under s. 49.155 for the child care provided. If a school board proposes to contract for the provision of a child care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a child care program under this subsection, the school board shall refer the proposed contractor to the department of children and families for the criminal history and child abuse record search required under s. 48.685. Each school board shall provide the department of health services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5 48.686.

AB64,1627 Section 1627. 120.13 (14) (b) 1. of the statutes is amended to read:

AB64,738,22 120.13 (14) (b) 1. If a person who has contracted under par. (a) to provide a child care program is convicted of a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care program is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th 10th birthday, the school board shall rescind the contract of the contractor immediately upon providing written notice of the rescission and the grounds for the rescission and an explanation of the process for appealing the rescission.

AB64,1628 Section 1628. 120.13 (14) (b) 2. of the statutes is amended to read:

AB64,739,8 120.13 (14) (b) 2. If a person who has contracted under par. (a) to provide a child care program is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care program is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th 10th birthday, the school board shall immediately suspend the contract of the contractor until the school board obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to provide a child care program under this subsection.

AB64,1629 Section 1629. 120.13 (39) of the statutes is created to read:

AB64,739,11 120.13 (39) Shared services. Contract with one or more school boards to do any of the following:

AB64,739,13 (a) Establish a bilingual-bicultural education program under subch. VII of ch. 115.

AB64,739,15 (b) If the school board operates any grade from 7 to 12, provide the instruction required under s. 118.076 (3).

AB64,739,16 (c) Provide emergency nursing services, as required under s. 121.02 (1) (g).

AB64,739,18 (d) Designate an employee of one of the school boards that is subject to the contract to deal with matters relating to school attendance and truancy.

AB64,739,20 (e) Provide guidance and counseling services, as required under s. 121.02 (1) (e).

AB64,739,22 (f) Establish a technical preparation program in each public high school located in the school district, as required under s. 118.34.

AB64,739,24 (g) Ensure that gifted and talented pupils enrolled in the school district have access to a program for gifted and talented pupils, as required under s. 118.35.

AB64,1630 Section 1630. 120.43 (2) of the statutes is amended to read:

AB64,740,4 120.43 (2) The school board shall meet at least once each month times fixed and published by the board in its rule and at other times upon the call of the school district president or upon the filing of a request with the school district clerk signed by a majority of the school board members.

AB64,1631 Section 1631 . 121.004 (7) (cm) of the statutes is amended to read:

AB64,740,10 121.004 (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) shall be counted as 0.6 pupil if the program annually provides at least 87.5 additional hours of outreach activities.

AB64,1632 Section 1632 . 121.006 (2) (intro.) of the statutes is amended to read:

AB64,740,15 121.006 (2) (intro.) Unless the state superintendent is satisfied that the failure to meet the requirements of pars. (a) and par. (b) was occasioned by some extraordinary cause not arising from intention or neglect on the part of the responsible officers, every school district shall:

AB64,1633 Section 1633 . 121.006 (2) (a) of the statutes is repealed.

AB64,1634 Section 1634 . 121.02 (1) (f) of the statutes is repealed.

AB64,1635 Section 1635 . 121.05 (1) (a) 5. of the statutes is amended to read:

AB64,740,21 121.05 (1) (a) 5. Pupils attending a technical college under s. 118.15 (1) (b) and pupils attending an institution of higher education or a technical college under s. 118.55.

AB64,1636 Section 1636 . 121.23 (1) of the statutes is amended to read:

AB64,741,2 121.23 (1) In the event that the state superintendent finds that school is not held, or educational standards are not maintained in accordance with s. 121.02 (1) (f) as the result of a strike by school district employees, make-up days are authorized to be scheduled but no make-up days are required.

AB64,1637 Section 1637 . 121.23 (2) (intro.) of the statutes is amended to read:

AB64,741,9 121.23 (2) (intro.) If a school district 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:

AB64,1638 Section 1638. 121.58 (2) (a) 4. of the statutes is amended to read:

AB64,741,13 121.58 (2) (a) 4. For each pupil so transported whose residence is more than 12 miles from the school attended, $275 $300 per school year in the 2014-15 2016-17 school year and $300 $365 per school year thereafter.

AB64,1639 Section 1639. 121.58 (2) (am) of the statutes is amended to read:

AB64,741,21 121.58 (2) (am) State aid under par. (a) shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5), (6) and (10) and 121.57 or which willfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

AB64,1640 Section 1640. 121.58 (4) of the statutes is amended to read:

AB64,742,13 121.58 (4) State aid for summer class transportation. Annually on or before October 1 of the year in which transportation is provided under s. 118.50 (3) (b) or 121.54 (4), or under s. 121.54 (10) if the transportation is provided by the nonresident school district that a pupil attends under s. 118.51 or 121.84 (4), the school district clerk shall file with the department a report, containing such information as the department requires, on transportation provided by the school board to and from summer classes. Upon receipt of such report and if the summer classes meet the requirements of s. 121.14 (1) (a) 1. or 2., state aid shall be paid for such transportation. A school district which provides such transportation shall be paid state aid for such transportation at the rate of $4 $10 per pupil transported to and from public school whose residence is at least 2 miles and not more than 5 miles by the nearest traveled route from the public school attended, and $6 $20 per pupil transported to and from public school whose residence is more than 5 miles by the nearest traveled route from the public school attended, if the pupil is transported 30 days or more. The state aid shall be reduced proportionately if the pupil is transported less than 30 days.

AB64,1641 Section 1641 . 121.91 (4) (o) 1. of the statutes is amended to read:

AB64,743,3 121.91 (4) (o) 1. Except as provided in subd. 1m., if a school board adopts a resolution to do so before the effective date of this subdivision .... [LRB inserts date], the limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the amount spent by the school district in that school year on a project to implement energy efficiency measures or to purchase energy efficiency products, including the payment of debt service on a bond or note issued, or a state trust fund loan obtained, to finance the project, if the project results in the avoidance of, or reduction in, energy costs or operational costs, the project is governed by a performance contract entered into under s. 66.0133, and the bond or note issued or state trust fund loan obtained to finance the project is issued for a term not exceeding 20 years. If a school board issues a bond or note or obtains a state trust fund loan to finance a project described in this subdivision, a resolution adopted by a school board under this subdivision is valid for each school year in which the school board pays debt service on the bond, note, or state trust fund loan.

AB64,1642 Section 1642 . 125.04 (5) (a) 5. of the statutes is amended to read:

AB64,743,14 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the educational approval board department of safety and professional services. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class “ A", “Class A" or “Class C" license or a Class “B" or “Class B" license or permit or a manager's or operator's license.

AB64,1643 Section 1643 . 125.17 (6) (a) (intro.) of the statutes is amended to read:

AB64,743,23 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the department or the educational approval board department of safety and professional services, or unless the applicant fulfills one of the following requirements:

AB64,1644 Section 1644 . 134.66 (2m) (b) of the statutes is amended to read:

AB64,744,17 134.66 (2m) (b) Paragraph (a) does not apply to an agent, employee, or independent contractor who has received the training described in par. (a) as part of a responsible beverage server training course or a comparable training course, as described in s. 125.04 (5) (a) 5., that was successfully completed by the agent, employee, or independent contractor. The department of health services shall make the training program developed or approved by that department under par. (a) available to the technical college system board, and that board shall include that training program or a comparable training program approved by that department in the curriculum guidelines specified by that board under s. 125.04 (5) (a) 5. The department of health services shall also make the training program developed or approved by that department under par. (a) available to any provider of a comparable training course, as described in s. 125.04 (5) (a) 5., on request, and the department of revenue or the educational approval board department of safety and professional services may approve a comparable training course under s. 125.04 (5) (a) 5. only if that training course includes the training program developed or approved by the department of health services under par. (a) or a comparable training program approved by that department.

AB64,1645 Section 1645. 139.77 (3) of the statutes is amended to read:

AB64,745,2 139.77 (3) If, within 60 days after the mailing sending of notice of the proposed assessment, the taxpayer files a protest to the proposed assessment and requests a hearing on it, the department shall give notice to the taxpayer of the time and place fixed for the hearing, shall hold a hearing on the protest and shall issue a final assessment to the taxpayer for the amount found to be due as a result of the hearing. If a protest is not filed within 60 days, the department shall issue a final assessment to the taxpayer. In any action or proceeding in respect to the proposed assessment the taxpayer shall have the burden of establishing the incorrectness or invalidity of any final assessment made by the department.

AB64,1646 Section 1646. 139.77 (4) of the statutes is amended to read:

AB64,745,14 139.77 (4) If any taxpayer required to file any return fails to do so within the time prescribed, the taxpayer shall, on the written demand of the department, file the return within 20 days after the mailing sending of it and at the same time pay the tax due on its basis. If the taxpayer fails within that time to file the return, the department shall prepare the return from its own knowledge and from the information that it obtains and on that basis shall assess a tax, which shall be paid within 10 days after the department has mailed sent to the taxpayer a written notice of the amount and a demand for its payment. In any action or proceeding in respect to the assessment, the taxpayer shall have the burden of establishing the incorrectness or invalidity of any return or assessment made by the department because of the failure of the taxpayer to make a return.

AB64,1647 Section 1647. 145.02 (4) (a) of the statutes is amended to read:

AB64,745,23 145.02 (4) (a) The department shall prescribe promulgate rules as to the qualifications, examination and licensing of master and journeyman plumbers and the qualifications, examination, and licensing of master plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers pipelayers, and for the registration and training of registered learners. The plumbers council, created under s. 15.407 (16), shall advise the department in formulating the rules. The department may not require an applicant for journeyman plumber's license to pass an examination.