121.85(1)
(1)
Definition. In this section, "net school cost" is the sum of the net cost of the general fund and the net cost of the debt service fund for the previous school year, plus any aid received in the previous year under this section.
121.85(2)
(2) Applicability of section. This section applies to transfers:
121.85(2)(a)1.1. By minority group pupils who reside in an attendance area in a school district where minority group pupils constitute 30% or more of the number of pupils enrolled in the school serving that attendance area and which the pupil would normally attend, from that district to a school in a school district where minority group pupils constitute less than 30% of the number of pupils enrolled in that school, as of May 1 of the prior year.
121.85(2)(a)2.
2. By nonminority group pupils who have reached the age of 4 on or before September 1 of the year they enter school and who reside in an attendance area in a school district where minority group pupils constitute less than 30% of the number of pupils enrolled in the school serving that attendance area and which the pupil would normally attend in the district, from that district to a school in a school district where minority group pupils constitute 30% or more of the number of pupils enrolled in that school, as of May 1 of the prior year.
121.85(2)(b)1.1. By minority group pupils who reside in an attendance area where minority group pupils constitute 30% or more of the number of pupils enrolled in the school serving that attendance area and which the pupil normally would attend, from that school to another school within the district where minority group pupils constitute less than 30% of the number of pupils enrolled in that school or to a school serving the entire district.
121.85(2)(b)2.
2. By nonminority group pupils who have reached the age of 4 on or before September 1 of the year they enter school and who reside in an attendance area where minority group pupils constitute less than 30% of the number of pupils enrolled in the school serving that attendance area and which the pupil normally would attend, from that school to another school within the district where minority group pupils constitute 30% or more of the number of pupils enrolled in that school or to a school serving the entire district.
121.85(3)
(3) Transfer agreements. In accordance with
sub. (2) and with the approval of the parents or guardian of the pupil:
121.85(3)(a)
(a)
Interdistrict. The school board of the district of residence and the school board of the district of attendance may enter into annual written agreements to permit a pupil to attend a public school outside the school district of residence.
121.85(3)(b)
(b)
Intradistrict. The school board of the district may permit a pupil to attend a public school within the district which is outside the pupil's attendance area.
121.85(4)
(4) Other plans to reduce racial imbalance. 121.85(4)(a)(a) Pupil transfers resulting from a plan implemented by the school board to reduce racial imbalance in a school district or attendance area shall be deemed to be transfer agreements under
sub. (3) and shall be eligible for state aid under this section if the transfers comply with
sub. (2).
121.85(4)(b)
(b) Any school board that, prior to May 4, 1976, established a plan to reduce racial imbalance in the school district is eligible for state aid under
sub. (6) (a) if the state superintendent approves the plan.
121.85(5)
(5) Part-time transfers. Part-time transfers for curriculum offerings also may be permitted under this section. The department shall establish procedures for aid computations in such cases.
121.85(6)(a)(a)
Intradistrict transfer. Except as provided under
pars. (am) and
(ar), the school district of attendance of pupils transferring from one attendance area to another under
subs. (3) (b) and
(4) shall be entitled to an amount determined as follows:
121.85(6)(a)1.
1. Divide the state aid received in the current school year under
s. 121.08 by the membership used to compute state aid to the school district for the current school year.
121.85(6)(am)
(am)
Reduction of intradistrict transfer aid. The school district operating under
ch. 119 may not receive aid under
par. (a) for the number of pupils calculated as follows, if the calculation results in a positive number:
121.85(6)(am)1.a.
a. Subtract from 75% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.
121.85(6)(am)1.b.
b. Multiply the result under
subd. 1. a. by the total number of transfer pupils under
par. (a) in the current school year.
121.85(6)(am)2.a.
a. Subtract from 80% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.
121.85(6)(am)2.b.
b. Multiply the result under
subd. 2. a. by the total number of transfer pupils under
par. (a) in the current school year.
121.85(6)(am)3.a.
a. Subtract from 90% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.
121.85(6)(am)3.b.
b. Multiply the result under
subd. 3. a. by the total number of transfer pupils under
par. (a) in the current school year.
121.85(6)(am)4.a.
a. Subtract from 95% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.
121.85(6)(am)4.b.
b. Multiply the result under
subd. 4. a. by the total number of transfer pupils under
par. (a) in the current school year.
121.85(6)(am)5.
5. In the 2004-05 school year, the number of pupils whose parents or guardians have not provided the board of school directors with written consent to a pupil transfer to another attendance area.
121.85(6)(am)6.
6. In the 2005-06 school year and in each school year thereafter:
121.85(6)(am)6.a.
a. Subtract from 95% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.
121.85(6)(am)6.b.
b. Multiply the result under
subd. 6. a. by the total number of transfer pupils under
par. (a) in the current school year.
121.85(6)(ar)1.1. In the 1999-2000 school year, the department shall pay to the school district operating under
ch. 119 the greater of the following:
121.85(6)(ar)2.
2. Except as provided in
subd. 3., in the 2000-01 school year and in each school year thereafter, the department shall pay to the school district operating under
ch. 119 the greater of the following:
121.85(6)(ar)2.a.
a. The amount of aid received in the 1998-99 school year under
par. (a), less the reduction under
par. (am).
121.85(6)(ar)2.b.
b. The amount of aid to which the school district is entitled under
par. (a), less the reduction under
par. (am).
121.85(6)(ar)3.a.a. If one or more bonds are issued under
s. 66.1333 (5r),
subd. 2. does not apply beginning in the first fiscal year following certification by the secretary of administration to the department that the last principal and interest payment on the bonds has been made.
121.85(6)(ar)3.b.
b. If no bonds are issued under
s. 66.1333 (5r) by the date specified in that section,
subd. 2. does not apply beginning in the first fiscal year following that date.
121.85(6)(b)2.2. In each school year, the school district of attendance of pupils transferring from one school district to another under
sub. (3) (a) shall receive an amount equal to that produced by multiplying the number of pupils transferred into the school district under
sub. (3) (a) in the previous school year by the amount produced by dividing the school district's net school cost by the sum of the membership, plus the number of pupils transferred into the school district of attendance in the previous school year under
sub. (3) (a). This subdivision applies to aid paid in the 1995-96 school year only if the number of pupils transferring from one school district to another under
sub. (3) (a) in the 1994-95 school year constitutes less than 5% of the total membership of the school district of attendance.
121.85(6)(b)3.
3. If, in the 1994-95 school year, the number of pupils transferring from one school district to another under
sub. (3) (a) constitute 5% or more of the total membership of the school district of attendance, in the 1995-96 school year the school district of attendance shall receive an amount equal to 1.2 multiplied by the amount to which the district is entitled under
subd. 2.
121.85(6)(c)
(c)
Special applications. If a school district finds that it has incurred costs beyond aids received because of the number of pupils which it has accepted as transfers under this section, it may apply to the department for supplementary aids under this subsection. If the department finds that the school district has incurred costs for which reimbursement has not been made under
par. (b) 2. or
3., it shall supplement the state aids paid to the district under this section in an amount equal to the unreimbursed cost.
121.85(6)(d)
(d)
Aid in lieu of tuition. Aid payments under this section shall be in lieu of tuition payments required under
subch. V. Aid payments under this section shall not be made for interdistrict transfers under
sub. (6) (b), if tuition payments are made from funds received by the school district of residence under
P.L. 73-167 and
P.L. 81-874, as amended, for pupils so transferring from such district of residence.
121.85(6)(g)1.a.
a. "Base year enrollment" means the number of pupils enrolled in the nonspecialty public schools located in minority census tracts in the 1984-85 school year.
121.85(6)(g)1.b.
b. "Minority census tract" means a census tract that has a nonwhite population of 20% or more, according to the most recent federal decennial census, and that is located in a school district containing a 1st class city.
121.85(6)(g)2.
2. Each pupil attending a nonspecialty public school in a minority census tract who is in excess of the base year enrollment shall be counted as an additional 0.2 pupil in membership for general aid under
subch. II.
121.85(6m)
(6m) Use of aid for lease or loan payments. If the board of directors of the school district operating under
ch. 119 leases buildings or sites from the redevelopment authority of the city or borrows money from the redevelopment authority of the city under
s. 119.16 (3) (c), it may use intradistrict transfer aid under
sub. (6) to make lease payments or repay the loan. If the board of school directors decides to use the aid to make lease payments or repay the loan, it may request the department to remit the intradistrict transfer aid under
sub. (6) to the redevelopment authority of the city of Milwaukee in an annual amount agreed to by the board of school directors and the department, and the department shall ensure that the aid remittance does not affect the amount determined to be received by the board of school directors as state aid under
s. 121.08 for any other purpose.
121.85(7)
(7) Transportation. Transportation shall be provided to pupils transferring schools under this section if required under
subch. IV. Transportation for a pupil attending a public school under
sub. (3) (a) outside the pupil's school district of residence shall be provided pursuant to agreement between the school district of residence and the school district of attendance. If either the school district of residence or the school district of attendance operates a program of intradistrict transfers under
sub. (3) (b), that school district shall be responsible for the cost of transportation. The school district may meet this responsibility either by contracting directly for provision of transportation or by reimbursing another school district for the cost of such a contract. Transportation for a pupil attending a public school under
sub. (3) (b) outside his or her attendance area of residence may be provided by his or her school district. A school district providing transportation under this subsection may not claim transportation aid under
subch. IV for pupils so transported. A school district that transports a pupil who moves outside his or her attendance district during the school year to the school in the pupil's former attendance district may use intradistrict transfer aid under
sub. (6) to pay the costs of transporting the pupil.
121.85(8)
(8) Transferred pupils. Pupils transferring schools under this section shall be subject to the same rules and regulations as resident pupils and shall have the responsibilities, privileges, and rights of resident pupils in the school district or attendance area. Subject to this subsection, a pupil transferring schools under either
sub. (3) (a) or
(b) has the right to complete his or her education at the elementary, middle, or high school to which he or she transfers so long as full funding therefor is available under
s. 20.255 (2) (ac).
121.85(9)(a)(a) Annually on or before October 1, the school board of each school district lying wholly or partially within a county having a population of 500,000 or more shall organize a planning council with the school board of the school district within such county containing a 1st class city. Each planning council shall consist of 10 members, 5 members from the school district containing a 1st class city and 5 members from the school district which does not contain a 1st class city. The representatives of the planning council from each school district shall include, for terms of membership determined by the school board, 3 school board members, the school district administrator and one public member who resides in the school district. In the case of school districts containing a 1st class city, the school board may appoint the same persons as representatives to more than one planning council, and the school district administrator may select a representative to serve in his or her place on any planning council. Within 180 days after its appointment, each planning council shall make a recommendation to its appointing school boards on a cooperative program designed to facilitate transfers under
sub. (3) (a) for the ensuing school term to promote cultural and racial integration. The recommendations shall include achievement and other relevant factors for the school boards to consider in permitting pupils to transfer for the purpose of facilitating, so far as possible, a balanced representation of the pupils who might transfer under
sub. (3) (a). Within 90 days after receiving the recommendation of the planning council, each school board shall determine the extent to which its district will participate in the cooperative program. Upon making its determination, each school board shall disseminate information concerning the cooperative program to pupils and parents and guardians of pupils in the school district. Information shall be disseminated regarding the availability of transfers, the nature of the transportation to be provided, the courses and programs to be available to transfer pupils and any other aspects which the school board determines to be appropriate.
121.85(9)(b)
(b) Within 90 days after determining that its district will participate in transfers under this section, the school board of a district not subject to
par. (a) shall make appointments to, and shall organize with other participating school districts, a planning council to make recommendations to facilitate cooperative programs.
121.85(9)(c)
(c) The obligation under
par. (a) to organize planning councils shall apply only with regard to school terms for which full pupil transfer aids are appropriated under
s. 20.255 (2) (ac) and planning council assistance funds are appropriated under
s. 20.255 (1) (a).
121.85 Note
NOTE: Chapter 220, laws of 1975, which created this section, contains a legislative declaration of policy in section 1 of the act.
121.86
121.86
Merged attendance area programs. 121.86(1)(a)
(a) "Base school" means the school in a merged attendance area that has the lowest enrollment of the schools in the merged attendance area.
121.86(1)(b)
(b) "Merged attendance area" means an attendance area that contains one of the following:
121.86(1)(b)1.
1. Two or more schools that offer elementary grades, with each such grade offered at only one school.
121.86(1)(b)2.
2. Two or more schools that offer middle school grades, with each such grade offered at only one school.
121.86(1)(b)3.
3. Two or more schools that offer high school grades, with each such grade offered at only one school.
121.86(2)(a)(a) Except as provided under
sub. (3), if a school board establishes a merged attendance area after January 1, 1984, for the purpose of reducing racial imbalance in the school district, the school district shall be entitled to an amount determined as follows:
121.86(2)(a)1.
1. Divide the state aid received in the current school year under
s. 121.08 by the membership used to compute state aid to the school district for the current school year.
121.86(2)(b)
(b) The number of minority group pupils enrolled in the base school, not to exceed:
121.86(2)(b)1.
1. The number of minority group pupils who reside in the merged attendance area; minus
121.86(2)(b)2.
2. The number of minority group pupils enrolled in the base school or 30% of the total enrollment of the base school, whichever is greater.
121.86(2)(c)
(c) The number of minority group pupils enrolled in the nonbase schools located in the merged attendance area or 30% of the total enrollment of such nonbase schools, whichever is less.
121.86(3)
(3) State aid exception. Pupils under
sub. (2) (b) and
(c) who are enrolled in a kindergarten program or in a preschool program under
subch. V of ch. 115 shall be multiplied under
sub. (2) (a) 2. by a number equal to the result obtained by multiplying 0.25 by the appropriate fraction under
s. 121.004 (7) (c),
(cm) or
(d).
121.86(4)
(4) Transportation. A school district shall provide transportation to pupils under this section if required under
subch. IV, but may not claim transportation aid under
subch. IV for the number of pupils determined under
sub. (2).
121.87
121.87
School district report. 121.87(1)
(1) Any school district that receives aid under this subchapter in any school year shall submit a report to the state superintendent, on a form provided by the state superintendent, by October 15 of the following school year. The report shall include all of the following for the school year in which the school district received aid:
121.87(1)(a)
(a) The number of pupils who transferred to the school district, the number of pupils who transferred to another school district and the number of intradistrict transfers under this subchapter.
