115.88(2)
(2) Transportation aid. If upon receipt of the report under
s. 115.84 the department is satisfied that the transportation of children with exceptional educational needs has been maintained during the preceding year in accordance with the law, the department shall certify to the department of administration in favor of each county, cooperative educational service agency or school district transporting such pupils 63% of the amount expended for such transportation. Pupils for whom aid is paid under this subsection shall not be eligible for aid under
s. 121.58 (2) or
(4). The department of administration shall pay such amounts to the county, agency or school district from the appropriations under
s. 20.255 (2) (b) and
(u). This subsection applies to any child with exceptional educational needs who requires special assistance in transportation, including any such child attending regular classes who requires special or additional transportation. This subsection does not apply to any child with exceptional educational needs attending regular or special classes who does not require any special or additional transportation.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(2) Transportation aid. If upon receipt of the report under s. 115.84 the state superintendent is satisfied that the transportation of children with exceptional educational needs has been maintained during the preceding year in accordance with the law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency or school district transporting such pupils 63% of the amount expended for such transportation. Pupils for whom aid is paid under this subsection shall not be eligible for aid under s. 121.58 (2) or (4). The department of administration shall pay such amounts to the county, agency or school district from the appropriations under s. 20.255 (2) (b) and (u). This subsection applies to any child with exceptional educational needs who requires special assistance in transportation, including any such child attending regular classes who requires special or additional transportation. This subsection does not apply to any child with exceptional educational needs attending regular or special classes who does not require any special or additional transportation.
115.88(3)
(3) Board and lodging aid. There shall be paid the amount expended for board and lodging and transportation between the boarding home and the special education program of nonresident children enrolled under
s. 115.85 (2) in the special education program. The department shall certify the full amount to the department of administration which shall pay such amount from the appropriation under
s. 20.255 (2) (b) to the school district, cooperative educational service agency, county handicapped children's education board, state agency of another state or private, nonsectarian special education service which operates the special education program while providing board, lodging and transportation.
115.88(4)
(4) Hospitals and convalescent home aid. The full cost of special education for children in hospitals and convalescent homes for orthopedically disabled children shall be paid from the appropriation under
s. 20.255 (2) (b). The supervision of such instruction shall be under the department and the school board of the school district in which the hospital or convalescent home is located. The school board of the district in which the hospital or convalescent home is located shall submit to the department an itemized statement of all revenues and expenditures for the actual cost of such instruction and any other information it requires.
115.88(6)
(6) Aid for instruction outside of district. From the appropriation under
s. 20.255 (2) (b) there shall be paid the full cost of salary and travel expenses, in amounts determined in advance by the department, to school districts for providing special education outside the school district of employment.
Effective date note
NOTE: Sub. (6) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(6) Aid for instruction outside of district. From the appropriation under s. 20.255 (2) (b) there shall be paid the full cost of salary and travel expenses, in amounts determined in advance by the state superintendent, to school districts for providing special education outside the school district of employment.
115.88(7)
(7) Offsetting receipts. In any school year, the following revenues shall be deducted from costs aidable under this section before aids are calculated under this section:
115.88(7)(a)
(a) Any federal operational revenues expended on costs aidable under this section.
115.88(7)(b)
(b) That portion of state tuition payments attributable to the special annual tuition rate under
s. 121.83 (1) (c), regardless of the school year in which the services were provided. The tuition revenues shall be allocated to the most appropriate part of a program.
115.88(8)
(8) Enrollment out of state. If a child with exceptional educational needs is enrolled in a public special education program under
s. 115.85 (2) (c) 2. and the department is satisfied that the program in which the child is enrolled complies with this subchapter, the department shall certify to the department of administration in favor of the school district of residence a sum equal to the percentage of the approved costs under
subs. (1) and
(2) of the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program. The department of administration shall pay the amount to the school district from the appropriation under
s. 20.255 (2) (b).
Effective date note
NOTE: Sub. (8) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(8) Enrollment out of state. If a child with exceptional educational needs is enrolled in a public special education program under s. 115.85 (2) (c) 2. and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district of residence a sum equal to the percentage of the approved costs under subs. (1) and (2) of the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program. The department of administration shall pay the amount to the school district from the appropriation under s. 20.255 (2) (b).
115.88(9)
(9) Distribution schedule. Beginning with payments made in the 1985-86 school year, each county, cooperative educational service agency and school district entitled to state aid under this section shall receive 15% of its total aid entitlement in each month from November to March and 25% of its total entitlement in June.
115.882
115.882
Proration of state aid. If the sum of the appropriations under
s. 20.255 (2) (b) and
(u) in any one year is insufficient to pay the full amount of aid under
ss. 115.88 and
118.255, state aid payments shall be prorated among the counties, school districts and cooperative educational service agencies entitled thereto.
115.882 History
History: 1987 a. 338;
1991 a. 269.
115.89
115.89
Noncomplying school district; remedies. 115.89(1)(1) If, after a public hearing in the school district or as the result of a monitoring procedure or a complaint investigation, the department finds that a school board has violated this subchapter or the rules promulgated under this subchapter, the department may make recommendations to the school board to remedy the violation and may require the school board to submit a remedial plan incorporating such recommendations.
115.89(3)
(3) If, after consultation with the school board, the department finds that the remedial plan has not incorporated the department's recommendations, or that its implementation has been inadequate to ensure compliance with this subchapter and the rules promulgated under this subchapter, the department shall request the attorney general to proceed against the school district for injunctive or other appropriate relief.
Effective date note
NOTE: This section is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
115.89 Noncomplying school district; remedies. (1) If, after a public hearing in the school district or as the result of a monitoring procedure or a complaint investigation, the state superintendent finds that a school board has violated this subchapter or the rules promulgated under this subchapter, he or she may make recommendations to the school board to remedy the violation and may require the school board to submit a remedial plan incorporating such recommendations.
Effective date text
(3) If, after consultation with the school board, the state superintendent finds that the remedial plan has not incorporated his or her recommendations, or that its implementation has been inadequate to ensure compliance with this subchapter and the rules promulgated under this subchapter, he or she shall request the attorney general to proceed against the school district for injunctive or other appropriate relief.
EDUCATION FOR SCHOOL AGE PARENTS
115.91
115.91
Definition. In this subchapter, "school age parent" means any person under the age of 21 who is not a high school graduate and is a parent, an expectant parent or a person who has been pregnant within the immediately preceding 120 days.
115.915
115.915
Availability of program services and modifications. Each school board shall make available to any school age parent who is a resident of the school district program modifications and services that will enable the pupil to continue his or her education.
115.915 History
History: 1985 a. 29 s.
1712;
1985 a. 56; Stats. 1985 s. 115.915.
115.92
115.92
Establishment of programs; rules. 115.92(1)
(1) Any school board may establish a program for school age parents who are residents of the school district. The program shall be designed to provide services and instruction to meet the needs of school age parents, including education on the skills required of a parent; family planning, including natural family planning; and information on adoption services. The program shall be coordinated with existing vocational and job training programs in the school district.
115.92(2)(a)(a) Annually, and at such other times as the department requires, every school board that establishes a program under this subchapter shall submit a written report to the department. The report shall specify the number of school age parents instructed or provided service, their school district of residence and the period of time each was instructed or otherwise served during the school year.
115.92(2)(b)
(b) Annually, on or before August 15, each school board maintaining a program under this subchapter shall submit to the department an itemized statement on oath of all revenues and expenditures related to the program during the preceding school year.
115.92(3)
(3) The department shall by rule establish criteria for the approval of programs established under this subchapter for the purpose of determining those programs eligible for aid under
s. 115.93.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(3) The state superintendent shall by rule establish criteria for the approval of programs established under this subchapter for the purpose of determining those programs eligible for aid under s. 115.93.
115.93(1)(1) Except as provided under
sub. (2), if upon receipt of the reports under
s. 115.92 (2) the department is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under
s. 115.92 (3), the department shall certify to the department of administration in favor of each school district maintaining the program a sum equal to 63% of the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the department. The department of administration shall pay such amounts to the school district from the appropriation under
s. 20.255 (2) (b).
115.93(2)
(2) If the appropriation under
s. 20.255 (2) (b) in any year is insufficient to pay the full amount of aid under
sub. (1), state aid payments shall be prorated among the entitled school districts.
BILINGUAL-BICULTURAL EDUCATION
115.95
115.95
Legislative findings and declaration of policy. 115.95(1)(a)
(a) There are pupils in this state who enter elementary and secondary school with limited or nonexistent English speaking ability due to the use of another language in their family or in their daily, nonschool environment.
115.95(1)(b)
(b) Classes conducted in English do not always provide adequate instruction for children whose English language abilities are limited or nonexistent.
115.95(1)(c)
(c) It is beneficial to pupils from bicultural and monocultural backgrounds to participate in bilingual-bicultural programs where such programs are available in order to instill respect for non-English languages and cultures in all pupils.
115.95(2)
(2) It is the policy of this state to provide equal educational opportunities by ensuring that necessary programs are available for limited-English speaking pupils while allowing each school district maximum flexibility in establishing programs suited to its particular needs. To this end, this subchapter establishes bilingual-bicultural education programs for pupils in school districts with specified concentrations of limited-English speaking pupils in the attendance areas of particular schools.
115.95(3)
(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.
115.95(4)
(4) It is the policy of this state that a limited-English speaking pupil participate in a bilingual-bicultural education program only until such time as the pupil is able to perform ordinary classwork in English.
115.95(5)
(5) It is the policy of this state that fundamental courses may be taught in the pupil's non-English language to support the understanding of concepts, while the ultimate objective shall be to provide a proficiency in those courses in the English language in order that the pupil will be able to participate fully in a society whose language is English.
115.95(6)
(6) Furthermore, it is the policy of this state to encourage reform, innovation and improvement in graduate education, in the structure of the academic profession and in the recruitment and retention of higher education and graduate school faculties, as related to bilingual-bicultural education, and to give special recognition to persons who possess a reading ability and speaking fluency in a non-English language and an understanding of another culture.
115.95 History
History: 1975 c. 395;
1987 a. 159.
115.955
115.955
Definitions. In this subchapter:
115.955(2)
(2) "Bilingual-bicultural education program" means a program designed to improve the comprehension and the speaking, reading and writing ability of a limited-English speaking pupil in the English language, so that the pupil will be able to perform ordinary classwork in English.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(3) "Bilingual counselor" means a certified school counselor approved by the state superintendent under s. 115.28 (15) (a).
115.955(4)
(4) "Bilingual counselor's aide" means a person who is employed to assist a counselor and who is approved by the department under
s. 115.28 (15) (a).
Effective date note
NOTE: Sub. (4) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(4) "Bilingual counselor's aide" means a person who is employed to assist a counselor and who is approved by the state superintendent under s. 115.28 (15) (a).
Effective date note
NOTE: Sub. (5) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(5) "Bilingual teacher" means a certified teacher approved by the state superintendent under s. 115.28 (15) (a).
115.955(6)
(6) "Bilingual teacher's aide" means a person who is employed to assist a teacher and who is approved by the department under
s. 115.28 (15) (a).
Effective date note
NOTE: Sub. (6) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(6) "Bilingual teacher's aide" means a person who is employed to assist a teacher and who is approved by the state superintendent under s. 115.28 (15) (a).
115.955(7)
(7) "Limited-English speaking pupil" means a pupil whose ability to use the English language is limited because of the use of a non-English language in his or her family or in his or her daily, nonschool surroundings, and who has difficulty, as defined by rule by the department, in performing ordinary classwork in English as a result of such limited English language ability.
Effective date note
NOTE: Sub. (7) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(7) "Limited-English speaking pupil" means a pupil whose ability to use the English language is limited because of the use of a non-English language in his or her family or in his or her daily, nonschool surroundings, and who has difficulty, as defined by rule by the state superintendent, in performing ordinary classwork in English as a result of such limited English language ability.
115.96
115.96
Establishment of programs. 115.96(1)
(1)
Count of limited-English speaking pupils. Annually, on or before March 1, each school board shall conduct a count of the limited-English speaking pupils in the public schools of the district, assess the language proficiency of such pupils and classify such pupils by language group, grade level, age and English language proficiency.
115.96(2)
(2) Notification. Annually, on or before April 1, a school board which may be required to offer a bilingual-bicultural education program shall send to the parent, legal custodian or guardian of every limited-English speaking pupil identified under
sub. (1) who is eligible for participation in such a program, a notice which states that a bilingual-bicultural education program may be instituted, contains information on the procedures for registering a pupil in such a program, and provides notice of the consent required under
sub. (3). The notice shall be in English and in the non-English language of the limited-English speaking pupil.
115.96(3)
(3) Parental consent. On or before May 1, any parent or legal custodian desiring that their child be placed in a bilingual-bicultural education program shall give written consent to such child's placement.
115.96(4)
(4) Program established. Annually, on or before July 1, the school board shall establish a bilingual-bicultural education program, if required under
s. 115.97. A bilingual-bicultural education program established under this subchapter shall provide all of the following:
115.96(4)(a)
(a) Instruction in reading, writing and speaking the English language.
115.96(4)(b)
(b) Through the use of the native language of the limited-English speaking pupil, instruction in the subjects necessary to permit the pupil to progress effectively through the educational system.
115.96(5)(a)(a) By the commencement of the school term, the school board shall place, with the parent's or legal custodian's written consent, each limited-English speaking pupil in the appropriate bilingual-bicultural education program established under this subchapter. If a limited-English speaking pupil is identified after March 1 or the parent or legal custodian of such child gives consent after May 1, the school board shall place the pupil, with the written consent of the pupil's parent or legal custodian, in an appropriate program where feasible.
115.96(5)(b)
(b) A parent or legal custodian may appeal the school board's failure to place the pupil in the bilingual-bicultural education program established for the pupil in the pupil's language group by filing a notice of appeal with the clerk of the school district within 10 days after the commencement of the school term. The school board shall provide for a hearing on the question of placement within 20 days after receipt of the notice of appeal and shall take a written record of the proceedings. The cost of taking the record shall be the responsibility of the school board. The parent or legal custodian may request a public or private hearing. Within 10 days after the hearing, the school board shall make a decision on the question of placement. If the parent or legal custodian is not satisfied with the decision of the school board, the parent or legal custodian may, within 10 days after the school board's decision, file a notice of appeal with the department. If the parent or legal custodian appeals, the parent or legal custodian shall assume the cost of transcribing the record. Within 10 days after receipt of the notice of appeal from the determination of the school board, the department shall issue a decision based on the hearing record. If the parent or legal custodian prevails, the school board shall reimburse the parent or legal custodian for the cost of transcribing the record.
Effective date note
NOTE: Par. (b) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(b) A parent or legal custodian may appeal the school board's failure to place the pupil in the bilingual-bicultural education program established for the pupil in the pupil's language group by filing a notice of appeal with the clerk of the school district within 10 days after the commencement of the school term. The school board shall provide for a hearing on the question of placement within 20 days after receipt of the notice of appeal and shall take a written record of the proceedings. The cost of taking the record shall be the responsibility of the school board. The parent or legal custodian may request a public or private hearing. Within 10 days after the hearing, the school board shall make a decision on the question of placement. If the parent or legal custodian is not satisfied with the decision of the school board, the parent or legal custodian may, within 10 days after the school board's decision, file a notice of appeal with the state superintendent. If the parent or legal custodian appeals, the parent or legal custodian shall assume the cost of transcribing the record. Within 10 days after receipt of the notice of appeal from the determination of the school board, the state superintendent shall issue a decision based on the hearing record. If the parent or legal custodian prevails, the school board shall reimburse the parent or legal custodian for the cost of transcribing the record.
115.97
115.97
Bilingual-bicultural education programs required.
