Amendment ASA1-SB821

This bill creates an exception to this requirement for an annuitant who retired from employment as a teacher with a school district who is subsequently rehired or provides employee services as a teacher after retirement if 1) the participating employer is a school district; 2) at least 30 days have elapsed from the date the person left covered employment with a school district; 3) at the time the person initially retires from a school district, the person does not have an agreement with any school district to return to employment; and 4) the person elects to not become a participating employee at the time the person is rehired as a teacher by a school district or enters into a contract to provide employee services as a teacher after retirement. In other words, the bill allows a teacher annuitant who retired from a school district to return to work as a teacher for a school district that is a participating employer and elect to not become a participating employee for purposes of the WRS, and instead continue to receive his or her annuity.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB821-ASA1,1 Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB821-ASA1,2 Section 2. 20.255 (1) (kt) of the statutes is created to read:

SB821-ASA1,6,8 20.255 (1) (kt) Tribal language revitalization grant program operations. The amounts in the schedule to pay operational and administrative costs incurred by the Great Lakes Inter-Tribal Council, Inc., to implement and administer the tribal language revitalization grant programs under s. 115.745. All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 5m. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).

SB821-ASA1,3 Section 3 . 20.255 (2) (ac) of the statutes is amended to read:

SB821-ASA1,6,15 20.255 (2) (ac) General equalization aids. The amounts in the schedule A sum sufficient for the payment of educational aids under ss. 121.08, 121.09, 121.095, 121.105, and 121.137 and subch. VI of ch. 121 equal to the amount determined by the joint committee on finance under s. 121.15 (3m) (c) in the 2020-21 fiscal year and biennially thereafter, and equal to the amount determined by law in the 2021-22 fiscal year and biennially thereafter.

SB821-ASA1,4 Section 4. 20.255 (2) (bd) of the statutes is amended to read:

SB821-ASA1,6,18 20.255 (2) (bd) Additional special education aid. The amounts in the schedule for A sum sufficient for the payment of aid under s. 115.881.

SB821-ASA1,5 Section 5. 20.255 (2) (da) of the statutes is amended to read:

SB821-ASA1,6,22 20.255 (2) (da) Aid for school mental health programs. The amounts in the schedule for aid to school districts and independent charter schools employ, hire, and retain pupil services professionals under s. 115.364.

SB821-ASA1,6 Section 6. 20.255 (2) (dj) of the statutes is amended to read:

SB821-ASA1,7,3 20.255 (2) (dj) Summer school programs; grants; urban school districts . The amounts in the schedule for grants to school boards districts for summer school grant programs under s. 115.447.

SB821-ASA1,7 Section 7. 20.505 (8) (hm) 5m. of the statutes is created to read:

SB821-ASA1,7,6 20.505 (8) (hm) 5m. The amount transferred to s. 20.255 (1) (kt) shall be the amount in the schedule under s. 20.255 (1) (kt).

SB821-ASA1,8 Section 8 . 40.22 (1) of the statutes is amended to read:

SB821-ASA1,7,12 40.22 (1) Except as provided in sub. (2) and s. 40.26 (6), each employee currently in the service of, and receiving earnings from, a state agency or other participating employer shall be included within the provisions of the Wisconsin retirement system as a participating employee of that state agency or participating employer.

SB821-ASA1,9 Section 9 . 40.22 (2m) (intro.) of the statutes is amended to read:

SB821-ASA1,7,20 40.22 (2m) (intro.) An Except as otherwise provided in s. 40.26 (6), an employee who was a participating employee before July 1, 2011, who is not expected to work at least one-third of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

SB821-ASA1,10 Section 10 . 40.22 (2r) (intro.) of the statutes is amended to read:

SB821-ASA1,8,3 40.22 (2r) (intro.) An Except as otherwise provided in s. 40.26 (6), an employee who was not a participating employee before July 1, 2011, who is not expected to work at least two-thirds of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

SB821-ASA1,11 Section 11 . 40.22 (3) (intro.) of the statutes is amended to read:

SB821-ASA1,8,7 40.22 (3) (intro.) A Except as otherwise provided in s. 40.26 (6), a person who qualifies as a participating employee shall be included within, and shall be subject to, the Wisconsin retirement system effective on one of the following dates:

SB821-ASA1,12 Section 12 . 40.26 (6) (intro.), (a) and (b) of the statutes are created to read:

SB821-ASA1,8,14 40.26 (6) (intro.) Subsections (1) to (5) do not apply to a participant who applies for an annuity or lump sum payment during the period in which at least 30 days have elapsed between the participant's termination of employment as a teacher with a school district that is a participating employer, and becoming a teacher as an employee or contractor providing employee services as a teacher with any school district that is a participating employer if all of the following conditions are met:

SB821-ASA1,8,18 (a) At the time the participant terminates his or her employment as a teacher with a school district, the participant does not have an agreement with any school district that is a participating employer to return to employment as a teacher or enter into a contract to provide employee services as a teacher for the school district.

SB821-ASA1,8,20 (b) The participant elects on a form provided by the department to not become a participating employee.

SB821-ASA1,13 Section 13. 115.364 (1) (a) of the statutes is amended to read:

SB821-ASA1,9,2 115.364 (1) (a) “Eligible independent charter school” is a school under contract with one of the entities under s. 118.40 (2r) (b) 1. or with the director under s. 118.40 (2x) that increased the amount it expended in the preceding school year to employ, hire, or retain social workers pupil services professionals over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services professionals.

SB821-ASA1,14 Section 14. 115.364 (1) (am) of the statutes is amended to read:

SB821-ASA1,9,9 115.364 (1) (am) “Eligible private school” means a private school participating in a parental choice program under s. 118.60 or 119.23 that increased the amount it expended in the preceding school year to employ, hire, or retain social workers pupil services professionals over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services professionals.

SB821-ASA1,15 Section 15. 115.364 (1) (b) of the statutes is amended to read:

SB821-ASA1,9,15 115.364 (1) (b) “Eligible school district” is a school district that increased the amount it expended in the preceding school year to employ, hire, or retain social workers pupil services professionals over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services professionals.

SB821-ASA1,16 Section 16. 115.364 (1) (c) of the statutes is created to read:

SB821-ASA1,9,18 115.364 (1) (c) “Pupil services professional" means a school counselor, school social worker, school psychologist, or school nurse.

SB821-ASA1,17 Section 17. 115.364 (2) (a) 1. of the statutes is amended to read:

SB821-ASA1,9,25 115.364 (2) (a) 1. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible school district an amount equal to 50 percent of the amount by which the school district increased its expenditures in the preceding school year to employ, hire, or retain social workers pupil services professionals over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services professionals.

SB821-ASA1,18 Section 18. 115.364 (2) (a) 2. of the statutes is amended to read:

SB821-ASA1,10,8 115.364 (2) (a) 2. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible independent charter school an amount equal to 50 percent of the amount by which the independent charter school increased its expenditures in the preceding school year to employ, hire, or retain social workers pupil services professionals over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services professionals.

SB821-ASA1,19 Section 19. 115.364 (2) (a) 3. of the statutes is amended to read:

SB821-ASA1,10,15 115.364 (2) (a) 3. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible private school an amount equal to 50 percent of the amount by which the private school increased it expenditures in the preceding school year to employ, hire, or retain social workers pupil services professionals over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services professionals.

SB821-ASA1,20 Section 20. 115.364 (2) (b) 2. a. of the statutes is amended to read:

SB821-ASA1,11,2 115.364 (2) (b) 2. a. Subject to subd. 2. b., if, after making the payments required under par. (a), moneys remain in the appropriation account under s. 20.255 (2) (da), the state superintendent shall reimburse eligible school districts, private schools participating in a parental choice program under s. 118.60 or 119.23, and independent charter schools under contract with one of the entities under s. 118.40 (2r) (b) 1. or with the director under s. 118.40 (2x) for an amount equal to expenditures made by the school district, private school, or independent charter school in the preceding school year to employ, hire, or retain social workers pupil services professionals less the any amount of increased expenditures for which the school district, private school, or independent charter school was reimbursed under par. (a).

SB821-ASA1,21 Section 21. 115.364 (2) (b) 2. b. of the statutes is amended to read:

SB821-ASA1,11,7 115.364 (2) (b) 2. b. If the appropriation under s. 20.255 (2) (da) in any fiscal year is insufficient to pay the full amount of aid under subd. 2. a., the state superintendent shall prorate state aid payments among the school districts, private schools, and independent charter schools eligible for the aid.

SB821-ASA1,22 Section 22 . 115.436 (2) (intro.) of the statutes is amended to read:

SB821-ASA1,11,12 115.436 (2) (intro.) A school district is eligible for sparsity aid under this section if it the school district's membership in the previous school year divided by the school district's area in square miles is less than 10 and the school district satisfies all one of the following criteria:

SB821-ASA1,23 Section 23 . 115.436 (2) (b) of the statutes is created to read:

SB821-ASA1,11,15 115.436 (2) (b) The school district's membership in the previous school year was greater than 745.

SB821-ASA1,24 Section 24 . 115.436 (2) (c) of the statutes is repealed.

SB821-ASA1,25 Section 25. 115.436 (3) (a) of the statutes is repealed.

SB821-ASA1,26 Section 26 . 115.436 (3) (ac) of the statutes is created to read:

SB821-ASA1,11,21 115.436 (3) (ac) Beginning in the 2020-21 school year, from the appropriation under s. 20.255 (2) (ae) and subject to par. (b), the department shall pay all of the following:

SB821-ASA1,11,23 1. To each school district eligible for sparsity aid under sub. (2) (a), $400 multiplied by the school district's membership in the previous school year.

SB821-ASA1,11,25 2. To each school district eligible for sparsity aid under sub. (2) (b), $100 multiplied by the school district's membership in the previous school year.

SB821-ASA1,27 Section 27. 115.436 (3) (ag) of the statutes is created to read:

SB821-ASA1,12,7 115.436 (3) (ag) Beginning in the 2020-21 school year, from the appropriation under s. 20.255 (2) (ae), the department shall, subject to par. (b), pay to each school district that received aid under this section in the previous school year but does not satisfy the number of pupils per square mile requirement under sub. (2) in the current school year 50 percent of the amount the school district received under par. (a) or (ac) in the previous school year.

SB821-ASA1,28 Section 28. 115.436 (3) (am) of the statutes is repealed.

SB821-ASA1,29 Section 29 . 115.436 (3) (b) of the statutes is amended to read:

SB821-ASA1,12,13 115.436 (3) (b) If the appropriation under s. 20.255 (2) (ae) in any fiscal year is insufficient to pay the full amount under pars. (a), (am) (ac), (ag), and (ap), the department shall prorate the payments among the school districts entitled to aid under this subsection.

SB821-ASA1,30 Section 30. 115.447 (title) of the statutes is amended to read:

SB821-ASA1,12,15 115.447 (title) Summer school programs; grants; urban school districts .

SB821-ASA1,31 Section 31. 115.447 (1) of the statutes is amended to read:

SB821-ASA1,12,19 115.447 (1) In this section, “eligible “urban school district” means a 1st class city school district that had a membership, as calculated under s. 121.07 (2), of at least 18,000 pupils in the previous school year.

SB821-ASA1,32 Section 32 . 115.447 (2) (intro.) of the statutes is amended to read:

SB821-ASA1,12,23 115.447 (2) (intro.) Beginning in the 2018-19 school year and in each year thereafter, from the appropriation under s. 20.255 (2) (dj), the department shall award grants to eligible urban school districts to do any of the following:

SB821-ASA1,33 Section 33 . 115.447 (2m) of the statutes is created to read:

SB821-ASA1,13,5 115.447 (2m) Beginning in the 2020-21 school year and in each school year thereafter, the department shall allocate in each school year $2,000,000 for grants to an urban school district that is a 1st class city school district and shall allocate the remaining amount appropriated under s. 20.255 (2) (dj) equally among the urban school districts that are not 1st class city school districts.

SB821-ASA1,34 Section 34 . 115.745 (1) of the statutes is renumbered 115.745 (1) (intro.) and amended to read:

SB821-ASA1,13,11 115.745 (1) (intro.) A school board, a cooperative educational service agency, or an agency determined by the state superintendent to be eligible for designation under 42 USC 9836 as a head start agency, in conjunction with a tribal education authority, may apply to the department for a any of the following grants:

SB821-ASA1,13,13 (a) A grant for the purpose of supporting innovative, effective instruction in one or more American Indian languages.

SB821-ASA1,35 Section 35 . 115.745 (1) (b) of the statutes is created to read:

SB821-ASA1,13,18 115.745 (1) (b) Beginning in the 2020-21 school year, a 2-year grant to develop, implement, and provide American Indian heritage, language, and cultural instruction programs for children participating in head start programs and for pupils in grades kindergarten to 2.

SB821-ASA1,36 Section 36. 115.745 (2) of the statutes is renumbered 115.745 (2) (a).

SB821-ASA1,37 Section 37. 115.745 (2) (b) of the statutes is created to read:

SB821-ASA1,13,23 115.745 (2) (b) The department may contract with and, from the appropriation under s. 20.255 (1) (kt), pay the Great Lakes Inter-Tribal Council, Inc., to implement and administer the grant programs under this section.

SB821-ASA1,38 Section 38. 115.881 (2) of the statutes is amended to read:

SB821-ASA1,14,4 115.881 (2) For each child whose costs exceeded $30,000 under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.90 multiplied by that portion of the cost costs under sub. (1) that exceeded $30,000.

SB821-ASA1,39 Section 39. 115.881 (3) of the statutes is repealed.

SB821-ASA1,40 Section 40. 115.884 (1) (intro.) of the statutes is amended to read:

SB821-ASA1,14,13 115.884 (1) (intro.) In the 2016-17 2020-21 school year and each school year thereafter, from the appropriation under s. 20.255 (2) (bf), the department shall award an incentive grant in the amount of $1,000 per individual determined under sub. (3) to a school district, or to an operator of a charter school established under s. 118.40 (2r) or (2x), that applies for a grant under this section and that if the school district or operator demonstrates to the satisfaction of the department that the individual satisfies all of the following criteria:

SB821-ASA1,41 Section 41. 115.884 (2) of the statutes is repealed.

SB821-ASA1,42 Section 42. 115.884 (3) of the statutes is created to read:

SB821-ASA1,14,17 115.884 (3) The per individual grant amount under sub. (1) is the lesser of the following:

SB821-ASA1,14,21 (a) In each school year, the amount determined by dividing the amount appropriated under s. 20.255 (2) (bf) for that school year by the total number of individuals statewide for whom a grant will be awarded under sub. (1) in that school year.

SB821-ASA1,14,22 (b) $1,500.

SB821-ASA1,43 Section 43. 119.04 (1) of the statutes, as affected by 2019 Wisconsin Act 83, is amended to read:

SB821-ASA1,15,13 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445, 115.447, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.