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LRB-1300/1
TKK:ahe
2017 - 2018 LEGISLATURE
January 12, 2017 - Introduced by Representative Ott, by request of Department
of Public Instruction. Referred to Committee on Judiciary.
AB12,1,7 1An Act to amend 115.28 (15) (a), 115.95 (2), 115.95 (4), 115.955 (2), 115.955 (7),
2115.96 (1), 115.96 (2), 115.96 (4) (b), 115.96 (5) (a), 115.97 (1), 115.97 (2), 115.97
3(3), 115.97 (4), 115.977 (3), 115.98, 115.993, 115.995 (1), 115.995 (2), 118.30 (2)
4(b) 2., 118.301 (2) (a) 4., 118.33 (1m) (a) 3. and 121.91 (4) (a) 3. of the statutes;
5relating to: modifying terminology regarding limited-English proficient
6pupils (suggested as remedial legislation by the Department of Public
7Instruction).
Analysis by the Legislative Reference Bureau
Current law defines a “limited-English proficient pupil” as 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 proficiency. This
bill replaces the term “limited-English proficient pupil” with “English learner” in all

instances where that term appears in the statutes, but does not change the definition
of the term.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB12,1 1Section 1. 115.28 (15) (a) of the statutes is amended to read:
AB12,2,62 115.28 (15) (a) Establish, by rule, standards for the approval of the abilities of
3certified teachers and counselors and their aides participating in
4bilingual-bicultural education programs under subch. VII to read, write and speak
5a non-English language and to possess knowledge of the culture of limited-English
6proficient pupils English learners.
AB12,2 7Section 2. 115.95 (2) of the statutes is amended to read:
AB12,2,148 115.95 (2) It is the policy of this state to provide equal educational
9opportunities by ensuring that necessary programs are available for
10limited-English proficient pupils English learners while allowing each school
11district maximum flexibility in establishing programs suited to its particular needs.
12To this end, this subchapter establishes bilingual-bicultural education programs for
13pupils in school districts with specified concentrations of limited-English proficient
14pupils
English learners in the attendance areas of particular schools.
AB12,3 15Section 3. 115.95 (4) of the statutes is amended to read:
AB12,2,1916 115.95 (4) It is the policy of this state that a limited-English proficient pupil
17an English learner participate in a bilingual-bicultural education program only
18until such time as the pupil English learner is able to perform ordinary classwork
19in English.
AB12,4 20Section 4. 115.955 (2) of the statutes is amended to read:
AB12,3,5
1115.955 (2) “Bilingual-bicultural education program" means a program
2designed to improve the comprehension and the speaking, reading, and writing
3ability of a limited-English proficient pupil an English learner in the English
4language, so that the pupil English learner will be able to perform ordinary
5classwork in English.
AB12,5 6Section 5. 115.955 (7) of the statutes is amended to read:
AB12,3,127 115.955 (7) “Limited-English proficient pupil” “English learner" means a pupil
8whose ability to use the English language is limited because of the use of a
9non-English language in his or her family or in his or her daily, nonschool
10surroundings, and who has difficulty, as defined by rule by the state superintendent,
11in performing ordinary classwork in English as a result of such limited English
12language proficiency.
AB12,6 13Section 6. 115.96 (1) of the statutes is amended to read:
AB12,3,1914 115.96 (1) Count of limited-English proficient pupils English learners.
15Annually, on or before March 1, each school board shall conduct a count of the
16limited-English proficient pupils English learners in the public schools of the
17district, assess the language proficiency of such pupils English learners, and classify
18such pupils English learners by language group, grade level, age, and English
19language proficiency.
AB12,7 20Section 7. 115.96 (2) of the statutes is amended to read:
AB12,4,421 115.96 (2) Notification. Annually, on or before April 1, a school board which
22may be required to offer a bilingual-bicultural education program shall send to the
23parent, legal custodian or guardian of every limited-English proficient pupil English
24learner
identified under sub. (1) who is eligible for participation in such a program,
25a notice which states that a bilingual-bicultural education program may be

1instituted, contains information on the procedures for registering a pupil an English
2learner
in such a program, and provides notice of the consent required under sub. (3).
3The notice shall be in English and in the non-English language of the
4limited-English proficient pupil English learner.
AB12,8 5Section 8. 115.96 (4) (b) of the statutes is amended to read:
AB12,4,86 115.96 (4) (b) Through the use of the native language of the limited-English
7proficient pupil
English learner, instruction in the subjects necessary to permit the
8pupil English learner to progress effectively through the educational system.
AB12,9 9Section 9. 115.96 (5) (a) of the statutes is amended to read:
AB12,4,1710 115.96 (5) (a) By the commencement of the school term, the school board shall
11place, with the parent's or legal custodian's written consent, each limited-English
12proficient pupil
English learner in the appropriate bilingual-bicultural education
13program established under this subchapter. If a limited-English proficient pupil an
14English learner
is identified after March 1 or the parent or legal custodian of such
15child gives consent after May 1, the school board shall place the pupil English
16learner
, with the written consent of the pupil's English learner's parent or legal
17custodian, in an appropriate program where feasible.
AB12,10 18Section 10. 115.97 (1) of the statutes is amended to read:
AB12,5,719 115.97 (1) A school board may combine pupils in attendance at separate schools
20in its bilingual-bicultural education program. The school board shall be eligible for
21state aids under s. 115.995 if the number of limited-English proficient pupils English
22learners
served from the combined schools meets the requirements under sub. (2),
23(3) or (4). A pupil shall be eligible for a bilingual-bicultural education program only
24until he or she is able to perform ordinary classwork in English. The
25bilingual-bicultural education program shall be designed to provide intensive

1instruction to meet this objective. Nothing in this subchapter shall be construed to
2authorize isolation of children English learners of limited-English proficient ability
3or ethnic background for a substantial portion of the school day. Pupils who are not
4limited-English proficient pupils English learners may participate in a
5bilingual-bicultural education program, except that a school board shall give
6preference to limited-English proficient pupils English learners in admitting pupils
7to such a program.
AB12,11 8Section 11. 115.97 (2) of the statutes is amended to read:
AB12,5,159 115.97 (2) If, in a language group under s. 115.96 (1), there are 10 or more
10limited-English proficient pupils English learners in kindergarten to grade 3 in
11attendance at a particular elementary school and whose parents or legal custodians
12give written consent to such pupils' placement under s. 115.96 (3), the school board
13shall establish a bilingual-bicultural education program for such pupils English
14learners
during the school term. Such program shall be taught by a bilingual
15teacher.
AB12,12 16Section 12. 115.97 (3) of the statutes is amended to read:
AB12,5,2317 115.97 (3) If, in a language group under s. 115.96 (1), there are 20 or more
18limited-English proficient pupils English learners in grades 4 to 8 in attendance at
19a particular elementary, middle, or junior high school and whose parents or legal
20custodians give written consent to such pupils' English learners' placement under
21s. 115.96 (3), the school board shall establish a bilingual-bicultural education
22program for such pupils English learners during the school term. Such program
23shall be taught by a bilingual teacher.
AB12,13 24Section 13. 115.97 (4) of the statutes is amended to read:
AB12,6,6
1115.97 (4) If, in a language group under s. 115.96 (1), there are 20 or more
2limited-English proficient pupils English learners in grades 9 to 12 in attendance
3at a particular high school and whose parents or legal custodians give written
4consent to the pupils' English learners' placement under s. 115.96 (3), the school
5board shall establish a bilingual-bicultural education program. The program shall
6be taught by a bilingual teacher. Bilingual counselors shall be made available.
AB12,14 7Section 14. 115.977 (3) of the statutes is amended to read:
AB12,6,208 115.977 (3) The school board shall give any limited-English proficient pupil
9English learner who has begun a bilingual-bicultural education program in the 3rd
10grade the opportunity to continue his or her bilingual-bicultural education program
11in the 4th grade regardless of the number of limited-English proficient pupils
12English learners in grades 4 to 8. However, if there are not a sufficient number of
13limited-English proficient pupils English learners in grades 4 to 8 to require a
14bilingual-bicultural education program under sub. (2), the school board may offer
15such pupil English learner the opportunity to continue a bilingual-bicultural
16education program with a program established for limited-English proficient pupils
17English learners in kindergarten to grade 3. A 4th grade pupil English learner so
18enrolled may be counted for purposes of determining if there are a sufficient number
19of pupils English learners for a kindergarten to grade 3 bilingual-bicultural
20education program.
AB12,15 21Section 15. 115.98 of the statutes is amended to read:
AB12,7,9 22115.98 Bilingual-bicultural advisory committee. In each school district
23which establishes a bilingual-bicultural education program under this subchapter,
24the school board may appoint a bilingual-bicultural advisory committee to afford
25parents and educators of limited-English proficient pupils English learners the

1opportunity to advise the school board of their views and to ensure that a program
2is planned, operated and evaluated with their involvement and consultation. The
3committee shall assist the school board in informing educators, parents and legal
4custodians of limited-English proficient pupils English learners that a program
5exists. The committee shall be composed of parents of limited-English proficient
6pupils
English learners enrolled in the bilingual-bicultural education program,
7bilingual and other teachers, bilingual teacher's aides, bilingual and other
8counselors and bilingual counselor's aides in the district, at least one representative
9from the community and a representative of the school district administration.
AB12,16 10Section 16. 115.993 of the statutes is amended to read:
AB12,7,18 11115.993 Report on bilingual-bicultural education. Annually, on or before
12August 15, the school board of a district operating a bilingual-bicultural education
13program under this subchapter shall report to the state superintendent the number
14of pupils, including both limited-English proficient pupils English learners and
15other pupils, instructed the previous school year in bilingual-bicultural education
16programs, an itemized statement on oath of all disbursements on account of the
17bilingual-bicultural education program operated during the previous school year
18and a copy of the estimated budget for that program for the current school year.
AB12,17 19Section 17. 115.995 (1) of the statutes is amended to read:
AB12,7,2420 115.995 (1) From the appropriation under s. 20.255 (2) (cc), divide
21proportionally, based upon costs reported under s. 115.993, an annual payment of
22$250,000 among school districts whose enrollments in the previous school year were
23at least 15 percent limited-English proficient pupils English learners. Aid paid
24under this subsection does not reduce aid paid under sub. (2).
AB12,18 25Section 18. 115.995 (2) of the statutes is amended to read:
AB12,8,9
1115.995 (2) Certify to the department of administration in favor of the school
2district a sum equal to a percentage of the amount expended on limited-English
3proficient pupils
English learners by the school district during the preceding year for
4salaries of personnel participating in and attributable to bilingual-bicultural
5education programs under this subchapter, special books and equipment used in the
6bilingual-bicultural programs and other expenses approved by the state
7superintendent. The percentage shall be determined by dividing the amount in the
8appropriation under s. 20.255 (2) (cc) in the current school year less $250,000 by the
9total amount of aidable costs in the previous school year.
AB12,19 10Section 19. 118.30 (2) (b) 2. of the statutes is amended to read:
AB12,8,1911 118.30 (2) (b) 2. According to criteria established by the state superintendent
12by rule, the school board, operator of the charter school under s. 118.40 (2r) or (2x),
13governing body of the private school participating in the program under s. 118.60, or
14governing body of the private school participating in the program under s. 119.23
15may determine not to administer an examination under this section to a
16limited-English speaking pupil an English learner, as defined under s. 115.955 (7),
17may permit the pupil English learner to be examined in his or her native language,
18or may modify the format and administration of an examination for such pupils
19English learners.
AB12,20 20Section 20. 118.301 (2) (a) 4. of the statutes is amended to read:
AB12,8,2221 118.301 (2) (a) 4. The examination provider makes available translations for
22limited-English proficient pupils English learners, as defined in s. 115.955 (7).
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