AB1079: Bill Text

AB1079,20,9 (2) In awarding grants under this section for the 2021-22 and 2022-23 school years, the department shall give preference to projects that relate to heating, ventilation, and air conditioning systems.

AB1079,20,10 (3) The department may promulgate rules to implement this section.

AB1079,48 Section 48. 115.882 of the statutes is renumbered 115.882 (intro.) and amended to read:

AB1079,20,18 115.882 Payment of state aid; reimbursement rate. (intro.) Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, not to exceed 100 percent. the following rates:

AB1079,49 Section 49. 115.882 (1) and (2) of the statutes are created to read:

AB1079,20,20 115.882 (1) In the 2021-22 school year, 45 percent of eligible costs.

AB1079,20,22 (2) In the 2022-23 school year and in each school year thereafter, 50 percent of eligible costs.

AB1079,50 Section 50. 115.95 (2) of the statutes is amended to read:

AB1079,21,6 115.95 (2) It is the policy of this state to provide equal educational opportunities by ensuring that necessary programs are available for limited-English proficient pupils while allowing each school district and charter school under s. 118.740 (2r) and (2x) maximum flexibility in establishing programs suited to its particular needs. To this end, this subchapter provides support for educating limited-English proficient pupils and establishes bilingual-bicultural education programs for pupils in school districts with specified concentrations of limited-English proficient pupils in the attendance areas of particular schools.

AB1079,51 Section 51. 115.95 (3) of the statutes is amended to read:

AB1079,21,12 115.95 (3) It is the policy of this state to reimburse school districts, in substantial part, for the added costs of providing the programs established under this subchapter and to provide support to school districts and charter schools under s. 118.40 (2r) and (2x) for the added costs of educating limited-English proficient pupils.

AB1079,52 Section 52. 115.958 of the statutes is created to read:

AB1079,21,18 115.958 Capacity-building grants for licensed educators. (1) A school board or the operator of a charter school established under s. 118.40 (2r) or (2x) may apply to the department for a grant for the school district or charter school to provide support and financial assistance to its staff and teachers in obtaining licensure or certification as bilingual teachers and teachers of English as a 2nd language.

AB1079,21,22 (2) Beginning in the 2022-23 school year, from the appropriation under s. 20.255 (2) (ch), the department may award grants under sub. (1) to school districts and charter schools established under s. 118.40 (2r) and (2x) in amounts determined by the department.

AB1079,21,24 (3) The department may promulgate rules to implement and administer this section.

AB1079,53 Section 53. 115.96 (title) of the statutes is amended to read:

AB1079,22,1 115.96 (title) Establishment Pupil counts; establishment of programs.

AB1079,54 Section 54. 115.96 (1) of the statutes is amended to read:

AB1079,22,10 115.96 (1) Count of limited-English proficient pupils. Annually, on or before March 1, each a school board and the operator of a charter school established under s. 118.40 (2r) or (2x) shall conduct a count of the limited-English proficient pupils in the public schools of the district or in the charter school, assess the language proficiency of such the pupils , and classify such the pupils by language group, grade level, age, and English language proficiency. A school board or operator is eligible for state aid under s. 115.995 only if the school board or operator conducts the count under this subsection.

AB1079,55 Section 55. 115.97 (1) of the statutes is amended to read:

AB1079,22,24 115.97 (1) A school board may combine pupils in attendance at separate schools in its bilingual-bicultural education program. The school board shall be eligible for state aids under s. 115.995 if the number of limited-English proficient pupils served from the combined schools meets the requirements under sub. (2), (3) or (4). A pupil shall be eligible for a bilingual-bicultural education program only until he or she is able to perform ordinary classwork in English. The bilingual-bicultural education program shall be designed to provide intensive instruction to meet this objective. Nothing in this subchapter shall be construed to authorize isolation of children of limited-English proficient ability or ethnic background for a substantial portion of the school day. Pupils who are not limited-English proficient pupils may participate in a bilingual-bicultural education program, except that a school board shall give preference to limited-English proficient pupils in admitting pupils to such a program.

AB1079,56 Section 56. 115.97 (6) of the statutes is created to read:

AB1079,23,4 115.97 (6) A school board that is required to establish a bilingual-bicultural education program under sub. (2), (3), or (4) is eligible for state aid under s. 115.995 only if the state superintendent is satisfied that the school board maintained the bilingual-bicultural education program in accordance with this subchapter.

AB1079,57 Section 57. 115.977 (2) of the statutes is amended to read:

AB1079,23,11 115.977 (2) A school district may establish bilingual-bicultural education programs by contracting with other school districts or with a cooperative educational service agency. If 10 or more pupils in kindergarten to grade 3, 20 or more in grades 4 to 8 or 20 or more in a high school program are enrolled in a program under a contract pursuant to this subsection, the school district offering the program is eligible for reimbursement under s. 115.995.

AB1079,58 Section 58. 115.993 (title) of the statutes is amended to read:

AB1079,23,14 115.993 (title) Report Reports on bilingual-bicultural education and pupil counts.

AB1079,59 Section 59. 115.993 of the statutes is renumbered 115.993 (1) and amended to read:

AB1079,23,25 115.993 (1) Annually, on or before August 15, the school board of a district operating a bilingual-bicultural education program under this subchapter shall report to the state superintendent the number of pupils, including both limited-English proficient pupils and other pupils, instructed the previous school year in bilingual-bicultural education programs, an itemized statement on oath of all disbursements on account of a summary of the costs incurred to operate the bilingual-bicultural education program operated during the previous school year, and a copy of the estimated budget for that operating the bilingual-bicultural education program for the current school year.

AB1079,60 Section 60. 115.993 (2) of the statutes is created to read:

AB1079,24,6 115.993 (2) Annually, on or before August 15, a school board and the operator of a charter school established under s. 118.40 (2r) or (2x) shall report to the state superintendent the number of limited-English proficient pupils enrolled in the school district or attending the charter school in the previous school year and the classification of those pupils by language group.

AB1079,61 Section 61. 115.993 (3) of the statutes is created to read:

AB1079,24,10 115.993 (3) A school board or the operator of a charter school established under s. 118.40 (2r) or (2x) is eligible for state aid under s. 115.995 only if the school board or operator submits the reports required under this section.

AB1079,62 Section 62. 115.995 (intro.) of the statutes is renumbered 115.995 (1m) (intro.) and amended to read:

AB1079,24,18 115.995 (1m) (intro.) Upon Subject to ss. 115.96 (1), 115.97 (6), and 115.993 (3), upon receipt of the report reports under s. 115.993, if the state superintendent is satisfied that the bilingual-bicultural education program for the previous school year was maintained in accordance with this subchapter (1) and (2), the state superintendent shall do all of, from the appropriation under s. 20.255 (2) (cc), pay the following amounts:

AB1079,63 Section 63. 115.995 (1) and (2) of the statutes are renumbered 115.995 (1m) (a) 1. and 2. and amended to read:

AB1079,25,2 115.995 (1m) (a) 1. From the appropriation under s. 20.255 (2) (cc), divide Dividing proportionally, based upon costs reported under s. 115.993, 2019 stats., an annual payment of $250,000 among school districts whose enrollments in the previous school year were at least 15 percent limited-English proficient pupils. Aid paid under this subsection subdivision does not reduce aid paid under sub. (2) subd. 2.

AB1079,25,11 2. Certify Certifying to the department of administration in favor of the school district board a sum equal to a percentage of the amount expended on limited-English proficient pupils by the school district board during the preceding year for salaries of personnel participating in and attributable to bilingual-bicultural education programs under this subchapter, special books and equipment used in the bilingual-bicultural education programs, and other expenses approved by the state superintendent. The percentage shall be determined by dividing the amount in the appropriation under s. 20.255 (2) (cc) in the current school year less $250,000 by the total amount of aidable costs in the previous school year.

AB1079,64 Section 64. 115.995 (1m) (a) (intro.) of the statutes is created to read:

AB1079,25,15 115.995 (1m) (a) (intro.) In the 2021-22 school year, to a school board that was required to establish a bilingual-bicultural education program under s. 115.97 for the previous school year, the amounts determined by doing all of the following:

AB1079,65 Section 65. 115.995 (1m) (b) of the statutes is created to read:

AB1079,25,19 115.995 (1m) (b) Subject to sub. (3), beginning in the 2022-23 school year, to a school board or the operator of a charter school established under s. 118.40 (2r) or (2x), an amount calculated as follows:

AB1079,25,22 1. If, in the previous school year, there was at least one limited-English proficient pupil enrolled in the school district or attending the charter school, $10,000.

AB1079,26,2 2. If, in the previous school year, there were more than 20 limited-English proficient pupils enrolled in the school district or attending the charter school, subtract 20 from the total number of limited-English proficient pupils enrolled in the school district or attending the charter school.

AB1079,26,3 3. Multiply the difference determined under subd. 2. by $500.

AB1079,26,4 4. Add the product determined under subd. 3. to the amount under subd. 1.

AB1079,66 Section 66. 115.995 (2m) of the statutes is created to read:

AB1079,26,10 115.995 (2m) Notwithstanding sub. (1m) (b), if a school board received a payment under sub. (1m) (a) in the 2021-22 school year, the state superintendent shall, subject to ss. 115.96 (1), 115.97 (6), and 115.993 (3) and upon receipt of the reports under s. 115.993 (1) and (2), from the appropriation under s. 20.255 (2) (cc), pay to the school board the following amounts:

AB1079,26,12 (a) Subject to sub. (3), in the 2022-23 school year, the greater of the following amounts:

AB1079,26,13 1. The sum determined under sub. (1m) (b) 4. for the 2022-23 school year.

AB1079,26,15 2. An amount equal to the payment the school board received under sub. (1m) (a) in the 2020-21 school year.

AB1079,26,17 (b) Subject to sub. (3), in the 2023-24 school year, the greater of the following amounts:

AB1079,26,18 1. The sum determined under sub. (1m) (b) 4. for the 2023-24 school year.

AB1079,26,19 2. An amount calculated as follows:

AB1079,26,21 a. Subtract the amount determined under subd. 1. from the amount the school board received under sub. (1m) (a) in the 2020-21 school year.

AB1079,26,22 b. Multiply the difference determined under subd. 2. a. by 0.5.

AB1079,26,24 c. Add the product determined under subd. 2. b. to the amount determined under subd. 1.

AB1079,67 Section 67. 115.995 (3) of the statutes is created to read:

AB1079,27,4 115.995 (3) If the appropriation under s. 20.255 (2) (cc) in any fiscal year is insufficient to pay the full amount of aid under sub. (1m) (b) or (2m), the state superintendent shall prorate the payments among the school boards and operators of charter schools established under s. 118.40 (2r) and (2x) entitled to receive the aid.

AB1079,68 Section 68. 115.996 of the statutes is renumbered 115.996 (intro.) and amended to read:

AB1079,27,11 115.996 Report to the legislature. (intro.) Annually, on or before December 31, the state superintendent shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the status of bilingual-bicultural education programs established under this subchapter. The report shall include all of the following information:

AB1079,27,15 (1) The number of pupils served in bilingual-bicultural education programs for each language group in each school district in which such programs are offered and the cost of the program per pupil for each school district, language group and program type.

AB1079,27,19 (2) The department shall also provide the number of pupils in each school district and language group who as a result of participation in a bilingual-bicultural education program improved their English language ability to such an extent that the program is no longer necessary for such pupils.

AB1079,69 Section 69. 115.996 (3) of the statutes is created to read:

AB1079,27,23 115.996 (3) The number of limited-English proficient pupils in each language group enrolled in each school district and attending each charter school established under s. 118.40 (2r) and (2x).

AB1079,70 Section 70. 118.134 (6) of the statutes is created to read:

AB1079,28,11 118.134 (6) Regardless of whether or not an objection is made under sub. (1) or an order is issued under sub. (3), if a school board adopts a resolution to terminate the use of race-based nickname, logo, mascot, or team name that is associated with a federally recognized American Indian tribe or American Indians, in general, the state superintendent may award a grant to the school board for the costs associated with adopting and implementing a nickname, logo, mascot, or team name that is not race-based. The state superintendent may not award a grant under this subsection in an amount that exceeds the greater of $50,000 or a school board's actual costs to adopt and implement a nickname, logo, mascot, or team name. The state superintendent shall pay the awards under this subsection from the appropriation under s. 20.255 (2) (kg).

AB1079,71 Section 71. 118.40 (2r) (e) 2p. (intro.) of the statutes is amended to read:

AB1079,28,21 118.40 (2r) (e) 2p. (intro.) In the 2015-16 school year and in each school year thereafter, for a pupil attending a charter school established by or under a contract with an entity under par. (b) 1. a. to f., from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, if positive. The change in the statewide categorical aid per pupil shall be determined as follows:

AB1079,72 Section 72. 118.40 (2r) (f) of the statutes is repealed.

AB1079,73 Section 73. 118.40 (2r) (fm) 1. (intro.) of the statutes is amended to read:

AB1079,29,3 118.40 (2r) (fm) 1. (intro.) Beginning in the 2018-19 school year, in addition to the payment under par. (e) and subject to subd. 3., for a pupil attending summer school at a charter school established by or under a contract with an entity under par. (b) 1. a. to f., the department shall pay to the operator of the charter school, in the manner described in par. (e) 3m., an amount determined as follows:

AB1079,74 Section 74. 118.40 (2r) (fm) 2. of the statutes is repealed.

AB1079,75 Section 75. 118.40 (2r) (g) 1. a. of the statutes is amended to read:

AB1079,29,9 118.40 (2r) (g) 1. a. Determine the number of pupils residing in the school district for whom a payment is made under par. (e) to an operator of a charter school established under contract with an entity under par. (b) 1. e., eg., or f. to h. in that school year.

AB1079,76 Section 76. 118.40 (2r) (g) 1. bf. of the statutes is amended to read:

AB1079,29,13 118.40 (2r) (g) 1. bf. Identify the pupils residing in the school district for whom a payment is made under par. (fm) to an operator of a charter school established under contract with an entity under par. (b) 1. e. or f. to h. in that school year.

AB1079,77 Section 77. 118.40 (2r) (g) 1. c. to dn. of the statutes are repealed.

AB1079,78 Section 78. 118.40 (2r) (g) 1. e. of the statutes is amended to read:

AB1079,29,17 118.40 (2r) (g) 1. e. Sum the amounts determined under subd. 1. b., and bn. , d., and dn.

AB1079,79 Section 79. 118.55 (7g) of the statutes is amended to read:

AB1079,30,5 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school or participating private school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy) (cx). The state superintendent shall give preference under this subsection to those pupils who satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

AB1079,80 Section 80. 119.04 (1) of the statutes is amended to read:

AB1079,30,19 119.04 (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, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445, 115.457, 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, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (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), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB1079,81 Section 81. 121.07 (2) (d) of the statutes is amended to read:

AB1079,30,24 121.07 (2) (d) The number of pupils residing in the school district in the previous school year for whom a payment was made under s. 118.40 (2r) (e) to an operator of a charter school established under contract with an entity under s. 118.40 (2r) (b) 1. e., eg., or f. to h. in the previous school year.

AB1079,82 Section 82. 121.07 (2) (e) of the statutes is amended to read:

AB1079,31,3 121.07 (2) (e) The number of pupils residing in the school district in the previous school year for whom a payment was made under s. 118.40 (2r) (f), 2019 stats., in the previous school year.

AB1079,83 Section 83. 121.07 (2) (e) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is repealed.