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. 115.97(1)(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 speaking 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 speaking ability or ethnic background for a substantial portion of the school day. Pupils who are not limited-English speaking pupils may participate in a bilingual-bicultural education program, except that a school board shall give preference to limited-English speaking pupils in admitting pupils to such a program.
115.97(2)
(2) If, in a language group under
s. 115.96 (1), there are 10 or more limited-English speaking pupils in kindergarten to grade 3 in attendance at a particular elementary school and whose parents or legal custodians give written consent to such pupils' placement under
s. 115.96 (3), the school board shall establish a bilingual-bicultural education program for such pupils during the school term. Such program shall be taught by a bilingual teacher.
115.97(3)
(3) If, in a language group under
s. 115.96 (1), there are 20 or more limited-English speaking pupils in grades 4 to 8 in attendance at a particular elementary, middle or junior high school and whose parents or legal custodians give written consent to such pupils' placement under
s. 115.96 (3), the school board shall establish a bilingual-bicultural education program for such pupils during the school term. Such program shall be taught by a bilingual teacher.
115.97(4)
(4) If, in a language group under
s. 115.96 (1), there are 20 or more limited-English speaking pupils in grades 9 to 12 in attendance at a particular high school and whose parents or legal custodians give written consent to the pupils' placement under
s. 115.96 (3), the school board shall establish a bilingual-bicultural education program. The program shall be taught by a bilingual teacher. Bilingual counselors shall be made available.
115.97(5)(a)(a) Except as provided under
par. (b), if a school board is required to establish a bilingual-bicultural education program under
sub. (2),
(3) or
(4), but bilingual teachers for the language groups are unavailable, the program may be taught by certified teachers of English as a 2nd language upon receipt of approval of the department. The department may approve a program under this paragraph only if the school board demonstrates all of the following:
Effective date note
NOTE: Par. (a) (intro.) 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) (a) Except as provided under par. (b), if a school board is required to establish a bilingual-bicultural education program under sub. (2), (3) or (4), but bilingual teachers for the language groups are unavailable, the program may be taught by certified teachers of English as a 2nd language upon receipt of approval of the state superintendent. The state superintendent may approve a program under this paragraph only if the school board demonstrates all of the following:
115.97(5)(a)1.
1. Compliance with all other requirements of this subchapter.
115.97(5)(a)2.
2. A good faith, continuing effort to recruit bilingual teachers for the language group.
115.97(5)(a)3.
3. Employment of at least one bilingual teacher's aide in the program.
115.97(5)(b)
(b) Paragraph (a) does not apply to a program for Spanish-speaking pupils.
