118.43(6)(b)10.
10. In the 2010-11 school year and any subsequent school year, $2,250 multiplied by the number of low-income pupils enrolled in a grade eligible for funding, and in a class in which the class size has been reduced in the manner required under
sub. (3) (a),
(am),
(ar), or
(at) or permitted under
sub. (3m), in each school in the school district covered by contracts under
sub. (3) (at) and
(av) and by renewals of contracts under
sub. (2) (g).
118.43(6)(d)
(d) The school board shall use the aid under this section to satisfy the terms of the contract.
118.43(6)(e)
(e) The department shall cease payments under this section to any school district if the school board withdraws from the contract before the expiration of the contract.
118.43(6m)
(6m) Rules. The department shall promulgate rules to implement and administer the payment of state aid under
sub. (6).
118.43(7)
(7) Evaluation. Beginning in the 1996-97 school year, the department shall arrange for an evaluation of the program under this section and shall allocate from the appropriation under
s. 20.255 (2) (cu) $250,000 for that purpose.
118.43(8)(a)(a) Beginning in the 2000-01 school year, a school district is eligible for aid under this subsection if it applies to the department for approval of the amount of bonds specified in the copy of the resolution under
1999 Wisconsin Act 9, section 9139 (2d). If the department approves the amount before June 30, 2001, the department shall, from the appropriation under
s. 20.255 (2) (cs), pay each school district that issues bonds pursuant to a referendum under
1999 Wisconsin Act 9, section 9139 (2d), an amount equal to 20% of the annual debt service cost on the bonds. This subsection does not apply to the school district operating under
ch. 119.
118.43(8)(b)
(b) The department shall promulgate rules to implement and administer this subsection.
118.43 Cross-reference
Cross-reference: See also ch.
PI 24, Wis. adm. code.
118.45
118.45
Tests for alcohol use. A school board employee or agent, or law enforcement officer, as defined in
s. 102.475 (8) (c), authorized by a public school board may require a public school pupil, including a charter school pupil, to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil's breath whenever the authorized employee, agent or officer has reasonable suspicion that the pupil is under the influence of alcohol while the pupil is in any of the circumstances listed in
s. 125.09 (2) (b) 1. to
3. The authorized employee, agent or officer shall use a breath screening device approved by the department of transportation for the purpose of determining the presence of alcohol in a person's breath to determine if alcohol is present in the pupil's breath. The results of the breath screening device or the fact that a pupil refused to submit to breath testing shall be made available for use in any hearing or proceeding regarding the discipline, suspension or expulsion of a student due to alcohol use. No school board may require a pupil to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil's breath until the school board has adopted written policies regarding disciplines or treatments that will result from being under the influence of alcohol while on school premises or from refusing to submit to breath testing to determine the presence of alcohol in the pupil's breath.
118.45 History
History: 1995 a. 327.
118.46
118.46
Policy on bullying. 118.46(1)(1) By March 1, 2010, the department shall do all of the following:
118.46(1)(a)
(a) Develop a model school policy on bullying by pupils. The policy shall include all of the following:
118.46(1)(a)3.
3. A procedure for reporting bullying that allows reports to be made confidentially.
118.46(1)(a)4.
4. A prohibition against a pupil retaliating against another pupil for reporting an incident of bullying.
118.46(1)(a)5.
5. A procedure for investigating reports of bullying. The procedure shall identify the school district employee in each school who is responsible for conducting the investigation and require that the parent or guardian of each pupil involved in a bullying incident be notified.
118.46(1)(a)6.
6. A requirement that school district officials and employees report incidents of bullying and identify the persons to whom the reports must be made.
118.46(1)(a)7.
7. A list of disciplinary alternatives for pupils that engage in bullying or who retaliate against a pupil who reports an incident of bullying.
118.46(1)(a)8.
8. An identification of the school-related events at which the policy applies.
118.46(1)(a)9.
9. An identification of the property owned, leased, or used by the school district on which the policy applies.
118.46(1)(a)10.
10. An identification of the vehicles used for pupil transportation on which the policy applies.
118.46(1)(b)
(b) Develop a model education and awareness program on bullying.
118.46(1)(c)
(c) Post the model policy under
par. (a) and the model program under
par. (b) on its Internet site.
118.46(2)
(2) By August 15, 2010, each school board shall adopt a policy prohibiting bullying by pupils. The school board may adopt the model policy under
sub. (1) (a). The school board shall provide a copy of the policy to any person who requests it. Annually, the school board shall distribute the policy to all pupils enrolled in the school district and to their parents or guardians.
118.46 History
History: 2009 a. 309.
118.51
118.51
Full-time open enrollment. 118.51(1)(b)
(b) "Nonresident school board" means the school board of a nonresident school district.
118.51(1)(c)
(c) "Nonresident school district" means a school district, other than a pupil's resident school district, that the pupil is attending or has applied to attend under this section.
118.51(1)(e)
(e) "Resident school board" means the school board of a resident school district.
118.51(1)(f)
(f) "Resident school district" means the school district in which a pupil resides.
118.51(2)
(2) Applicability. A pupil may attend a public school, including a charter school, prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.
118.51(3)
(3) Application procedures. Except as provided under
sub. (3m), the following procedures govern pupil applications to attend a public school in a nonresident school district under this section:
118.51(3)(a)1.1. The parent of a pupil who wishes to attend a public school in a nonresident school district under this section shall submit an application, on a form provided by the department under
sub. (15) (a), to the school board of the nonresident school district that the pupil wishes to attend, not earlier than the first Monday in February and not later than the last weekday in April of the school year immediately preceding the school year in which the pupil wishes to attend. Applications may be submitted to no more than 3 nonresident school boards in any school year. The nonresident school board shall send a copy of the application to the pupil's resident school board and the department by the end of the first weekday following the last weekday in April. The application may include a request to attend a specific school or program offered by the nonresident school district.
118.51(3)(a)1m.
1m. By the first Friday following the first Monday in May, the resident school board shall send to the nonresident school district a copy of the individualized education program developed under
s. 115.787 (2) for a child with a disability whose parent submitted an application under
subd. 1.
118.51(3)(a)2.
2. A nonresident school board may not act on any application received under
subd. 1. before May 1. If a nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept, including pupils accepted from a waiting list under
sub. (5) (d), on a random basis, after giving preference to pupils and to siblings of pupils who are already attending the nonresident school district and, if the nonresident school district is a union high school district, to pupils who are attending an underlying elementary school district of the nonresident school district under this section. If a nonresident school board determines that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless accept a pupil or the sibling of a pupil who is already attending the nonresident school district and, if the nonresident school district is a union high school district, a pupil who is attending an underlying elementary school district of the nonresident school district under this section.
118.51(3)(a)3.
3. Except as provided under
sub. (5) (d) 1., on or before the first Friday following the first Monday in June following receipt of the application, the nonresident school board shall notify the applicant, in writing, whether it has accepted the application. If the nonresident school board has accepted the applicant, the school board shall identify the specific school or program that the applicant may attend in the following school year. If the nonresident school board rejects an application, it shall include in the notice the reason for the rejection.
118.51(3)(a)4.
4. On or before the 2nd Friday following the first Monday in June following receipt of a copy of the application, if a resident school board denies a pupil's enrollment in a nonresident school district under
sub. (6),
(7) or
(12) (b) 1., the resident school board shall notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the denial.
118.51(3)(a)6.
6. Except as provided in
sub. (5) (d) 2., if an application is accepted, on or before the last Friday in June following receipt of a notice of acceptance, or within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting list under
sub. (5) (d), the pupil's parent shall notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.
118.51(3)(b)
(b)
Notice to resident school district. Annually by July 7, each nonresident school board that has accepted a pupil under this section for attendance in the following school year shall report the name of the pupil to the pupil's resident school board.
118.51(3)(c)1.1. If a pupil's parent notifies a nonresident school board, under
par. (a) 6., that the pupil intends to attend school in that school district in the following school year, the pupil may attend that school district in the following school year and may continue to attend that school district in succeeding school years without reapplying, except that the nonresident school board may require that the pupil reapply, no more than once, when the pupil enters middle school, junior high school or high school.
118.51(3)(c)2.
2. If at any time a pupil who is attending school in a nonresident school district under this section wishes to attend school in a different nonresident school district under this section, the pupil's parent shall follow the application procedures under
par. (a).
118.51(3m)
(3m) Alternative application procedures under certain circumstances. 118.51(3m)(a)(a) Notwithstanding
sub. (3), the parent of a pupil who wishes to attend a public school in a nonresident school district under this section may, in lieu of applying under
sub. (3), submit an application under this subsection, on a form provided by the department under
sub. (15) (a), to the school board of the nonresident school district that the pupil wants to attend if the pupil satisfies at least one of the criteria under
par. (b). Applications may be submitted to no more than 3 nonresident school boards in any school year.
118.51(3m)(b)
(b) The parent of a pupil may apply under this subsection only if the pupil meets one of the following criteria, and shall describe the criteria that the pupil meets in the application:
118.51(3m)(b)1.
1. The resident school board determines that the pupil has been the victim of a violent criminal offense, as defined by the department by rule. An application made on the basis of this criteria is not valid unless the nonresident school board receives the application within 30 days after the determination of the resident school board.
118.51(3m)(b)2.
2. The pupil is or has been a homeless pupil in the current or immediately preceding school year. In this subdivision, "homeless pupil" means an individual who is included in the category of homeless children and youths, as defined in
42 USC 11434a (2).
118.51(3m)(b)3.
3. The pupil has been the victim of repeated bullying or harassment and all of the following apply:
118.51(3m)(b)3.a.
a. The pupil's parent has reported the bullying or harassment to the resident school board.
118.51(3m)(b)4.
4. The place of residence of the pupil's parent or guardian and of the pupil has changed as a result of military orders. An application made on the basis of this criteria is not valid unless the nonresident school board receives the application no later than 30 days after the date on which the military orders changing the place of residence were issued.
118.51(3m)(b)5.
5. The pupil moved into this state. An application made on the basis of this criteria is not valid unless the nonresident school board receives the application no later than 30 days after moving into this state.
118.51(3m)(b)6.
6. The place of residence of the pupil has changed as a result of a court order or custody agreement or because the pupil was placed in a foster home or with a person other than the pupil's parent, or removed from a foster home or from the home of a person other than the pupil's parent. An application made on the basis of this criteria is not valid unless the nonresident school board receives the application no later than 30 days after the pupil's change in residence.
118.51(3m)(b)7.
7. The parent of the pupil, the resident school board, and the nonresident school board agree that attending school in the nonresident school district is in the best interests of the pupil.
118.51(3m)(b)8.
8. The parent of the pupil and the nonresident school board agree that attending school in the nonresident school district is in the best interests of the pupil. If the resident school board notifies the parent of the pupil who applies under this subdivision that the pupil may not attend the nonresident school district, the parent may appeal the resident school district's decision to the department and must explain in the appeal why the pupil applied to attend school in the nonresident school district. The resident school district must respond to the appeal and provide an explanation for rejecting the pupil's transfer into the nonresident school district. If the department determines that the resident school district's decision to deny the pupil's transfer into the nonresident school district is not in the best interests of the pupil, the department shall notify the resident and nonresident school districts and the pupil's parent that the pupil may attend the nonresident school district. The department's determination under this subdivision is final.
118.51(3m)(c)
(c) If a nonresident school board receives an application under
par. (a), the nonresident school board shall immediately forward a copy of the application to the resident school board, and shall notify the applicant, in writing, whether it has accepted the application no later than 20 days after receiving the application. If the nonresident school board has accepted the application, the nonresident school board shall identify the specific school or program that the pupil may attend.
118.51(3m)(d)
(d) A resident school district may notify an applicant under
par. (a) that the pupil may not attend a school or program in the nonresident school district only for the following reasons:
118.51(3m)(d)1.
1. The resident school district determines that the criteria relied on by the applicant under
par. (b) does not apply to the pupil.
118.51(3m)(d)2.a.a. Except as provided in
subd. 2. b., the resident school district determines that the costs of the special education or related services required in the individualized education program under
s. 115.787 (2) for a child with a disability whose parent has submitted an application under
par. (a), as proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under
subch. VII of ch. 121, its ability to pay tuition costs for the pupil, and the per pupil special education or related services costs for children with disabilities continuing to be served by the resident school district.
118.51(3m)(d)2.b.
b. Subdivision 2. a. does not apply to a pupil who submits an application under
par. (a) if the pupil relied upon the criteria set forth in
par. (b) 1.
118.51(3m)(e)
(e) If an application is accepted by the nonresident school board under
par. (c), the pupil may immediately begin attending the school or program in the nonresident school district and shall begin attending the school or program no later than the 15th day following receipt by the parent of the pupil of the notice of acceptance under
par. (c). If the pupil has not enrolled in or attended school in the nonresident school district by the day specified in this paragraph, the nonresident school district may notify the pupil's parent, in writing, that the pupil is no longer authorized to attend the school or program in the nonresident school district.
118.51(4)
(4) Adoption of policies and criteria. 118.51(4)(a)(a) By February 1, 1998, each school board shall adopt a resolution specifying all of the following:
118.51(4)(a)5.
5. If the school district is eligible for aid under
subch. VI of ch. 121, the limitation on transfers into or out of the school district imposed by the school board under
sub. (7).
118.51(4)(a)6.
6. Whether it will provide transportation under
s. 121.54 (10) for some or all of the pupils who reside in the school district and attend school in a nonresident school district under this section or for some or all of the pupils who reside in other school districts and attend its schools under this section, and the means, under
s. 121.55, by which it will provide such transportation.
118.51(4)(b)
(b) If the school board revises its criteria or policies under
par. (a), it shall do so by resolution.
118.51(5)
(5) Nonresident school district acceptance criteria. 118.51(5)(a)(a) Permissible criteria. Except as provided in
sub. (3) (a) 2., the criteria for accepting and rejecting applications from nonresident pupils under
subs. (3) (a) and
(3m) (a) may include only the following:
118.51(5)(a)1.
1. The availability of space in the schools, programs, classes, or grades within the nonresident school district. The nonresident school board shall determine the number of regular education and special education spaces available within the school district in the January meeting of the school board, except that for the 2011-12 school year the board shall determine the number of regular education and special education spaces available within the school district in the February meeting of the school board. In determining the availability of space, the nonresident school board may consider criteria such as class size limits, pupil-teacher ratios, or enrollment projections established by the nonresident school board and may include in its count of occupied spaces all of the following:
118.51(5)(a)1.b.
b. Pupils and siblings of pupils who have applied under
sub. (3) (a) or
(3m) (a) and are already attending the nonresident school district.
118.51(5)(a)1.c.
c. If the nonresident school district is a union high school district, pupils who have applied under
sub. (3) (a) or
(3m) (a) and are currently attending an underlying elementary school district of the nonresident school district under this section.
118.51(5)(a)2.
2. Whether the pupil has been expelled from school by any school district during the current or 2 preceding school years for any of the following reasons or whether a disciplinary proceeding involving the pupil, which is based on any of the following reasons, is pending:
118.51(5)(a)2.a.
a. Conveying or causing to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives.
118.51(5)(a)2.b.
b. Engaging in conduct while at school or while under supervision of a school authority that endangered the health, safety or property of others.
