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Date of enactment: April 9, 2002
2001 Senate Bill 176 Date of publication*: April 23, 2002
* Section 991.11, Wisconsin Statutes 1999-00 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2001 WISCONSIN ACT 57
An Act to amend 16.974 (7) (d), 20.255 (1) (b), 20.255 (1) (c), 20.255 (1) (gb), 20.255 (1) (gh), 20.255 (1) (gL), 20.255 (1) (gs), 20.255 (1) (gt), 39.41 (1) (bm), 39.41 (1m) (c) 2., 39.41 (1m) (fm), 44.70 (2g), 46.041 (1) (a), 49.45 (39) (a) 1., 49.45 (39) (am), 49.45 (39) (b), 115.31 (1) (b), subchapter III (title) of chapter 115 [precedes 115.51], 115.53 (2), 115.53 (3) (a), 115.53 (4), 115.53 (5), 115.54, 121.05 (1) (a) 8., 121.54 (3) and 940.295 (2) (j); to repeal and recreate 115.51 (2) and 115.52; and to create 15.377 (2) and 115.372 of the statutes; relating to: the Wisconsin School for the Deaf and creating a deaf and hard-of-hearing education council.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
57,1 Section 1. 15.377 (2) of the statutes is created to read:
15.377 (2) Deaf and hard-of-hearing education council. There is created a deaf and hard-of-hearing education council in the department of public instruction. The council shall consist of the following members, at least 3 of whom must be hearing impaired, appointed by the state superintendent of public instruction for 3-year terms:
(a) Two parents of children who are hearing impaired.
(b) One licensed teacher of pupils who are hearing impaired.
(c) One person who is licensed as a speech-language pathologist under subch. II of ch. 459.
(d) One school district special education director.
(e) One person who is licensed as an audiologist under subch. II of ch. 459 and whose expertise is in educational audiology.
(f) One person who is experienced in educating the hearing impaired, or in educating teachers of the hearing impaired, and is affiliated with an institution of higher education.
(g) One person who is an instructor in a technical college interpreter training program.
(h) One person employed as an educational interpreter.
(i) Three other members.
57,2 Section 2. 16.974 (7) (d) of the statutes is amended to read:
16.974 (7) (d) Coordinate with the technology for educational achievement in Wisconsin board to provide the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing with telecommunications access under s. 44.73 and contract with telecommunications providers to provide such access.
57,3 Section 3. 20.255 (1) (b) of the statutes is amended to read:
20.255 (1) (b) General program operations; School Wisconsin Educational Services Program for the Deaf and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired. The amounts in the schedule for the operation and maintenance of the facilities of the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing and the Wisconsin Center for the Blind and Visually Impaired, including the matching of federal funds, but not including expenses financed under par. (js).
57,4 Section 4. 20.255 (1) (c) of the statutes is amended to read:
20.255 (1) (c) Energy costs; School Wisconsin Educational Services Program for the Deaf and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired. The amounts in the schedule to be used at the facilities of the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing and the Wisconsin Center for the Blind and Visually Impaired to pay for utilities and for fuel, heat and air conditioning, to pay costs incurred by or on behalf of the department under ss. 16.858 and 16.895, and to repay to the energy efficiency fund loans made to the department under s. 16.847 (6).
57,5 Section 5. 20.255 (1) (gb) of the statutes is amended to read:
20.255 (1) (gb) School Wisconsin Educational Services Program for the Deaf and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired; nonresident fees. All moneys received from fees charged nonresident pupils for services provided at by the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 (3) and for services provided by the Wisconsin Center for the Blind and Visually Impaired under s. 115.525 (3) (a) 3.
57,6 Section 6. 20.255 (1) (gh) of the statutes is amended to read:
20.255 (1) (gh) School Wisconsin Educational Services Program for the Deaf and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired; hospitalization. All moneys received on account of hospitalization under s. 115.53 (4) for the operation of the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing and the Wisconsin Center for the Blind and Visually Impaired.
57,7 Section 7. 20.255 (1) (gL) of the statutes is amended to read:
20.255 (1) (gL) Wisconsin Educational Services Program for the Deaf and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired; leasing of space. All moneys received from leasing space at the facilities of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 (6) and at the Wisconsin Center for the Blind and Visually Impaired under s. 115.525 (6) for the operation and maintenance of the center and program.
57,8 Section 8. 20.255 (1) (gs) of the statutes is amended to read:
20.255 (1) (gs) School Wisconsin Educational Services Program for the Deaf and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired; services. All moneys received from services provided at by the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 (6) (5) and at by the Wisconsin Center for the Blind and Visually Impaired under s. 115.525 (5) for the operation and maintenance of the school program and the center.
57,9 Section 9. 20.255 (1) (gt) of the statutes is amended to read:
20.255 (1) (gt) School Wisconsin Educational Services Program for the Deaf and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired; pupil transportation. The amounts in the schedule for the weekend transportation of pupils enrolled in the school operated by the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 or the school operated by the Wisconsin Center for the Blind and Visually Impaired under s. 115.525 to and from their homes. All moneys received under s. 115.53 (6) shall be credited to this appropriation.
57,10 Section 10. 39.41 (1) (bm) of the statutes is amended to read:
39.41 (1) (bm) "Senior" means a pupil enrolled in the 12th grade in a public or private high school, the school operated by the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing or the school operated by the Wisconsin Center for the Blind and Visually Impaired.
57,11 Section 11. 39.41 (1m) (c) 2. of the statutes is amended to read:
39.41 (1m) (c) 2. For the school operated by the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing, designate the senior with the highest grade point average in all subjects as a scholar.
57,12 Section 12. 39.41 (1m) (fm) of the statutes is amended to read:
39.41 (1m) (fm) If 2 or more seniors from the school operated by the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing have the same grade point average and, except for the limitation of one designated senior, are otherwise eligible for designation under par. (c) 2., the executive secretary shall make the designation under par. (c) 2. of the senior who may be eligible for a higher education scholarship as a scholar and, if that senior does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), shall designate one or more of the remaining seniors with the same grade point average as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.
57,13 Section 13. 44.70 (2g) of the statutes is amended to read:
44.70 (2g) "Educational agency" means a school district, private school, cooperative educational service agency, technical college district, private college, public library system, public library board, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing.
57,14 Section 14. 46.041 (1) (a) of the statutes is amended to read:
46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing, the Wisconsin Center for the Blind and Visually Impaired, and mental health facilities within the state at the discretion of the director of the institution providing services under this section.
57,15 Section 15. 49.45 (39) (a) 1. of the statutes is amended to read:
49.45 (39) (a) 1. "School" means a public school described under s. 115.01 (1), a charter school, as defined in s. 115.001 (1), the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing. It includes school-operated early childhood programs for developmentally delayed and disabled 4-year-old and 5-year-old children.
57,16 Section 16. 49.45 (39) (am) of the statutes is amended to read:
49.45 (39) (am) Plan amendment. No later than September 30, 1995, the department shall submit to the federal department of health and human services an amendment to the state medical assistance plan to permit the application of pars. (b) and (c). If the amendment to the state plan is approved, school districts, cooperative educational service agencies, and the department of public instruction on behalf of the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing claim reimbursement under pars. (b) and (c). Paragraphs (b) and (c) do not apply unless the amendment to the state plan is approved and in effect. The department shall submit to the federal department of health and human services an amendment to the state plan if necessary to permit the application of pars. (b) and (c) to the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing.
57,17 Section 17. 49.45 (39) (b) of the statutes is amended to read:
49.45 (39) (b) School medical services. 1. `Payment for school medical services.' If a school district or a cooperative educational service agency elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the school district or the cooperative educational service agency for 60% of the federal share of allowable charges for the school medical services that it provides and, as specified in subd. 2., for allowable administrative costs. If the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the department of public instruction for 60% of the federal share of allowable charges for the school medical services that the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing provides and, as specified in subd. 2., for allowable administrative costs. A school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, claims for common carrier transportation costs as a school medical service unless the department receives notice from the federal health care financing administration that, under a change in federal policy, the claims are not allowed. If the department receives the notice, a school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, unreimbursed claims for common carrier transportation costs incurred before the date of the change in federal policy. The department shall promulgate rules establishing a methodology for making reimbursements under this paragraph. All other expenses for the school medical services provided by a school district or a cooperative educational service agency shall be paid for by the school district or the cooperative educational service agency with funds received from state or local taxes. The school district, the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing, or the cooperative educational service agency shall comply with all requirements of the federal department of health and human services for receiving federal financial participation.
2. `Payment for school medical services administrative costs.' The department shall reimburse a school district or a cooperative educational service agency specified under subd. 1. and shall reimburse the department of public instruction on behalf of the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing for 90% of the federal share of allowable administrative costs, using time studies, beginning in fiscal year 1999-2000. A school district or a cooperative education educational service agency may submit, and the department of health and family services shall allow, claims for administrative costs incurred during the period that is up to 24 months before the date of the claim, if allowable under federal law.
57,18 Section 18. 115.31 (1) (b) of the statutes is amended to read:
115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing, the Mendota mental health institute, the Winnebago mental health institute, a state center for the developmentally disabled, a private school, or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).
57,18m Section 18m. 115.372 of the statutes is created to read:
115.372 Deaf and hard-of-hearing education council. (1) In this section:
(a) "Council" means the deaf and hard-of-hearing education council.
(b) "Hearing impaired" has the meaning given in s. 115.51 (2).
(2) The state superintendent shall seek the advice of and consult with the council on issues related to persons who are hearing impaired. The state superintendent and the director of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or their designees, shall attend meetings of the council.
(3) The council shall do all of the following:
(a) Meet at least twice each year.
(b) Advise the state superintendent on such statewide services, activities, programs, investigations, and research as in its judgment will benefit pupils who are hearing impaired.
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