AB1038: Bill Text

AB1038,34,3 108.062 (20) Suspensions of certain provisions. Notwithstanding sub. (2), this subsection, and not sub. (2), applies to work-share plans submitted on or after the effective date of this subsection .... [LRB inserts date], and before December 31, 2020, subject to sub. (19). During that period, prior to implementing a work-share program, an employer shall submit a work-share plan for the approval of the department. In its submittal, the employer shall certify that its plan is in compliance with all requirements under this section. Each plan shall:

AB1038,34,6 (a) Specify the affected positions, and the names of the employees filling those positions on the date of submittal. The plan need not be limited to a particular work unit.

AB1038,34,8 (b) Provide for initial coverage under the plan of at least 2 positions that are filled on the effective date of the work-share program.

AB1038,34,10 (c) Specify the period or periods when the plan will be in effect, which may not exceed a total of 6 months in any 5-year period within the same work unit.

AB1038,34,12 (d) Exclude participation by employees who are employed on a seasonal, temporary, or intermittent basis.

AB1038,34,15 (e) Apply only to employees who have been engaged in employment with the employer for a period of at least 3 months on the effective date of the work-share program and who are regularly employed by the employer in that employment.

AB1038,34,20 (f) Specify the normal average hours per week worked by each employee in the work unit and the percentage reduction in the average hours of work per week worked by that employee, exclusive of overtime hours, which shall be applied in a uniform manner and which shall be at least 10 percent of the normal hours per week of that employee but not more than whichever of the following is greater:

AB1038,34,21 1. Sixty percent of the normal hours per week of that employee.

AB1038,34,23 2. The maximum percent reduction of the normal hours per week of that employee that is permissible under federal law.

AB1038,35,3 (g) Describe the manner in which requirements for maximum federal financial participation in the plan will be implemented, including a plan for giving notice, where feasible, to participating employees of changes in work schedules.

AB1038,35,5 (h) Provide an estimate of the number of layoffs that would occur without implementation of the plan.

AB1038,35,8 (i) Specify the effect on any fringe benefits provided by the employer to the employees who are included in the work-share program other than fringe benefits required by law.

AB1038,35,10 (j) Include a statement affirming that the plan is in compliance with all employer obligations under applicable federal and state laws.

AB1038,35,15 (k) Indicate whether the plan includes employer-sponsored training to enhance job skills and acknowledge that the employees may participate in training funded under the federal Workforce Innovation and Opportunity Act, 29 USC 3101 to 3361, or another federal law that enhances job skills without affecting availability for work, subject to department approval.

AB1038,49 Section 49 . 108.07 (5) of the statutes is renumbered 108.07 (5) (am).

AB1038,50 Section 50 . 108.07 (5) (bm) of the statutes is created to read:

AB1038,35,22 108.07 (5) (bm) 1. The department shall, when processing initial claims for regular benefits, determine whether a claim or plan is related to the public health emergency declared on March 12, 2020, by executive order 72. If a claim is so related, the regular benefits for that claim shall, except as provided in subd. 2., be paid as provided in subd. 3.

AB1038,35,24 2. a. Subdivision 1. applies only with respect to benefits payable for weeks beginning after March 12, 2020, and beginning before December 31, 2020.

AB1038,36,2 b. Subdivision 1. does not apply if the employer fails to timely and adequately provide any information required by the department under s. 108.04 (2) (d).

AB1038,36,6 c. Subdivision 1. does not apply with respect to any benefits paid or reimbursed by the federal government, or any portion thereof, including the portion of any benefits reimbursed by the federal government for reimbursable employers, as defined in s. 108.155 (1) (b).

AB1038,36,9 d. In the case of a claim for regular benefits that is a combined wage claim, as defined in s. 108.04 (13) (g) 1. a., subd. 1. applies only with respect to this state's share of benefits.

AB1038,36,11 e. Subdivision 1. does not apply with respect to work-share benefits under s. 108.062 (6).

AB1038,36,12 f. Subdivision 1. does not apply to benefits chargeable as provided in sub. (7).

AB1038,36,14 3. Charges for benefits to which subd. 1. applies shall, notwithstanding any other provision of this chapter, be paid or reimbursed as follows:

AB1038,36,16 a. For employers subject to the contribution requirements of ss. 108.17 and 108.18, the benefits shall be charged to the fund's balancing account.

AB1038,36,18 b. For reimbursable employers, as defined in s. 108.155 (1) (b), the benefits shall be paid in the manner provided under par. (am) 1.

AB1038,51 Section 51 . 108.14 (8n) (e) of the statutes is amended to read:

AB1038,37,8 108.14 (8n) (e) The department shall charge this state's share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b), 108.07 (3), (3r), or (5) (b) (am) 2., or 108.133 (3) (f) would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (a) and (b) (am) 1. and 2. The department shall also charge the fund's balancing account with any other state's share of such benefits pending reimbursement by that state.

AB1038,52 Section 52 . 108.141 (7) (a) of the statutes is amended to read:

AB1038,37,17 108.141 (7) (a) The department shall charge the state's share of each week of extended benefits to each employer's account in proportion to the employer's share of the total wages of the employee receiving the benefits in the employee's base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b), 108.07 (3), (3r), or (5) (b) (am) 2., or 108.133 (3) (f) applies to the fund's balancing account.

AB1038,53 Section 53 . 108.16 (6m) (a) of the statutes is amended to read:

AB1038,37,22 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g), (7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b) (am) 2. and (bm) 3. a., (5m), or and (6), 108.133 (3) (f), 108.14 (8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).

AB1038,54 Section 54 . 115.385 (1) (intro.) of the statutes is amended to read:

AB1038,38,3 115.385 (1) (intro.) Annually Except as provided in sub. (6), annually by November 30, the department shall publish a school and school district accountability report that includes all of the following components:

AB1038,55 Section 55 . 115.385 (6) of the statutes is created to read:

AB1038,38,6 115.385 (6) The department shall not publish a school and school district accountability report under this section in the 2020-21 school year.

AB1038,56 Section 56 . 115.415 (1) (b) of the statutes is amended to read:

AB1038,38,14 115.415 (1) (b) For the evaluation of teachers and principals in the 2014-15 2019-20 school year, the school board and the operator of a charter school established under s. 118.40 (2r) may not consider pupil performance on statewide assessments administered under s. 118.30 in the 2014-15 2019-20 school year and may not include pupil performance on those assessments in the evaluation score assigned to a teacher or principal under the educator effectiveness evaluation system developed under this section.

AB1038,57 Section 57 . 115.7915 (8m) of the statutes is created to read:

AB1038,38,24 115.7915 (8m) Public health exception. During the public health emergency declared on March 12, 2020, by executive order 72, if a private school participating in the program under this section is closed for at least 10 school days in a school year by a local health officer, as defined in s. 250.01 (5), or the department of health services, in the school year during which the school is closed and the following school year, the department may not withhold payment from the private school under sub. (8) (c) or bar the private school from participating in the program under sub. (8) (a) for failing to comply with a requirement under this section or a rule promulgated under this section if all of the following occur:

AB1038,39,4 (a) The private school submits information to the department that explains how the school closure impacted the private school's ability to comply with the requirement and any action the private school took to mitigate the consequences of not complying with the requirement.

AB1038,39,6 (b) The department determines that the private school's failure to comply with the requirement was caused by the closure.

AB1038,58 Section 58 . 115.999 (1) (d) 1. of the statutes is amended to read:

AB1038,39,10 115.999 (1) (d) 1. The school district was assigned to the lowest performance category on the 2 most recent accountability reports published for the district under s. 115.385 (1) in the 2 most recent school years.

AB1038,59 Section 59 . 115.999 (2m) (b) 1. a. of the statutes is amended to read:

AB1038,39,14 115.999 (2m) (b) 1. a. The unified school district was assigned to the lowest performance category on the 3 most recent accountability reports published for the district under s. 115.385 (1) in the 3 most recent school years.

AB1038,60 Section 60 . 118.38 (2) (am) (intro.) of the statutes is amended to read:

AB1038,39,18 118.38 (2) (am) (intro.) In determining whether to grant the a waiver under sub. (1), the department shall consider all of the following factors and may consider additional factors:

AB1038,61 Section 61 . 118.38 (3) of the statutes is amended to read:

AB1038,39,25 118.38 (3) A waiver granted under sub. (2) is effective for 4 years. The department shall renew the waiver for additional 4-year periods if the school board has evaluated the educational and financial effects of the waiver over the previous 4-year period, except that the department is not required to renew a waiver if the department determines that the school district is not making adequate progress toward improving pupil academic performance.

AB1038,62 Section 62. 118.38 (4) of the statutes is created to read:

AB1038,40,5 118.38 (4) (a) During the public health emergency declared on March 12, 2020, by executive order 72, if schools are closed for at least 10 school days in a school year by a local health officer, as defined in s. 250.01 (5), or the department of health services, the department may do all of the following:

AB1038,40,8 1. Waive any requirement in chs. 115 to 121 or the administrative rules promulgated by the department under the authority of those chapters related to any of the following:

AB1038,40,9 a. A program under s. 115.7915, 118.60, or 119.23.

AB1038,40,11 b. A private school participating in a program under s. 115.7915, 118.60, or 119.23.

AB1038,40,14 c. A charter school under s. 118.40 (2r) or (2x), including any requirement related to an authorizer, governing board, or operator of a charter school under s. 118.40 (2r) or (2x).

AB1038,40,19 2. Establish an alternate deadline for any requirement related to a program under s. 115.7915, 118.60, or 119.23 in chs. 115 to 121 and any requirement related to a program under s. 115.7915, 118.60, or 119.23 in the administrative rules promulgated by the department under the authority of chs. 115 to 121 if the original deadline is any of the following:

AB1038,40,23 a. A deadline that occurs during the period beginning on the first day schools are closed by the local health officer or department of health services and ending 120 days after the last day schools are closed by the local health officer or department of health services.

AB1038,41,2 b. A deadline for a requirement that impacts a date during the period beginning on the first day schools are closed by the local health officer or department of health services and ending 120 days after the last day schools are closed by the local health officer or department of health services.

AB1038,41,6 (b) 1. The department shall notify the legislative reference bureau of each waiver under par. (a) 1. and alternate deadline established under par. (a) 2. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register of the waiver or alternate deadline.

AB1038,41,8 2. The department shall post each waiver under par. (a) 1. and alternate deadline established under par. (a) 2. on the department's Internet site.

AB1038,41,10 (c) A waiver under par. (a) 1. applies only to the school year in which schools are closed by the local health officer or the department of health services.

AB1038,63 Section 63 . 118.60 (7) (an) 1. of the statutes is amended to read:

AB1038,41,18 118.60 (7) (an) 1. A private school participating in the program under this section shall maintain a cash and investment balance that is at least equal to its reserve balance. If a private school does not maintain a cash and investment balance that is at least equal to its reserve balance, the private school shall refund the reserve balance to the department. This subdivision does not apply to a school year that occurs during the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,41,21 3. If a private school ceases to participate in or is barred from the program under this section and s. 119.23 and the private school's reserve balance is positive, the private school shall refund the reserve balance to the department.

AB1038,64 Section 64 . 118.60 (12) of the statutes is created to read:

AB1038,42,6 118.60 (12) During the public health emergency declared on March 12, 2020, by executive order 72, if a private school participating in the program under this section is closed for at least 10 school days in a school year by a local health officer, as defined in s. 250.01 (5), or the department of health services, in the school year during which the school is closed and the following school year, the department may not withhold payment from the private school under sub. (10) (d) or bar the private school from participating in the program under sub. (10) (a), (am), or (ar) for failing to comply with a requirement under this section or a rule promulgated under this section if all of the following occur:

AB1038,42,10 (a) The private school submits information to the department that explains how the school closure impacted the private school's ability to comply with the requirement and any action the private school took to mitigate the consequences of not complying with the requirement.

AB1038,42,12 (b) The department determines that the private school's failure to comply with the requirement was caused by the closure.

AB1038,65 Section 65 . 119.23 (7) (an) 1. of the statutes is amended to read:

AB1038,42,20 119.23 (7) (an) 1. A private school participating in the program under this section shall maintain a cash and investment balance that is at least equal to its reserve balance. If a private school does not maintain a cash and investment balance that is at least equal to its reserve balance, the private school shall refund the reserve balance to the department. This subdivision does not apply to a school year that occurs during the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,42,23 3. If a private school ceases to participate in or is barred from the program under this section and s. 118.60 and the private school's reserve balance is positive, the private school shall refund the reserve balance to the department.

AB1038,66 Section 66 . 119.23 (12) of the statutes is created to read:

AB1038,43,9 119.23 (12) During the public health emergency declared on March 12, 2020, by executive order 72, if a private school participating in the program under this section is closed for at least 10 school days in a school year by a local health officer, as defined in s. 250.01 (5), or the department of health services, in the school year during which the school is closed and the following school year, the department may not withhold payment from the private school under sub. (10) (d) or bar the private school from participating in the program under sub. (10) (a), (am), or (ar) for failing to comply with a requirement under this section or a rule promulgated under this section if all of the following occur:

AB1038,43,13 (a) The private school submits information to the department that explains how the school closure impacted the private school's ability to comply with the requirement and any action the private school took to mitigate the consequences of not complying with the requirement.

AB1038,43,15 (b) The department determines that the private school's failure to comply with the requirement was caused by the closure.

AB1038,67 Section 67 . 119.33 (2) (b) 3. b. of the statutes is amended to read:

AB1038,44,6 119.33 (2) (b) 3. b. A person who is operating a charter school. The superintendent of schools may proceed under this subd. 3. b. only if one of the following applies: the performance on the most recent examinations administered under s. 118.30 (1r) of pupils attending a school operated by the person exceeds the performance on the most recent examinations administered under s. 118.30 (1) of pupils attending the school being transferred to the person under this subdivision; or, in each of the 3 preceding consecutive accountability reports published under s. 115.385 (1), the performance category assigned to a school operated by the person on accountability reports published under s. 115.385 (1) for the school in each of the 3 preceding consecutive school years exceeds the performance category assigned to the school being transferred to the person under this subdivision in each of the 3 preceding consecutive school years. If fewer than 3 accountability reports have been published for a charter school described in this subd. 3. b., the superintendent of schools shall determine an alternative method for comparing the school's performance.

AB1038,68 Section 68 . 119.33 (2) (b) 3. c. of the statutes is amended to read:

AB1038,44,23 119.33 (2) (b) 3. c. The governing body of a nonsectarian private school participating in a program under s. 118.60 or 119.23. The superintendent of schools may proceed under this subd. 3. c. only if one of the following applies: the performance on the most recent examinations administered under s. 118.30 (1s) or (1t) of pupils attending a school operated by the governing body exceeds the performance on the most recent examinations administered under s. 118.30 (1) of pupils attending the school being transferred to the governing body under this subdivision; or, in each of the 3 preceding consecutive accountability reports published under s. 115.385 (1), the performance category assigned to a school operated by the governing body on accountability reports published under s. 115.385 (1) for the school in each of the 3 preceding consecutive school years exceeds the performance category assigned to the school being transferred to the governing body under this subdivision in each of the 3 preceding consecutive school years. If fewer than 3 accountability reports have been published for a private school described in this subd. 3. c., the superintendent of schools shall determine an alternative method for comparing the school's performance.

AB1038,69 Section 69 . 119.33 (5) (b) 2. of the statutes is amended to read:

AB1038,45,4 119.33 (5) (b) 2. The school district operating under this chapter has been assigned in the 3 most recent school years a performance category of “fails to meet expectations" on the 3 most recent accountability report reports published under s. 115.385 (1).

AB1038,70 Section 70 . 119.9002 (2) (d) 2. a. of the statutes is amended to read:

AB1038,45,10 119.9002 (2) (d) 2. a. The performance, on the most recent examinations administered under s. 118.30 (1r), of pupils attending a school operated by the person exceeds the performance, on the most recent examinations administered under s. 118.30 (1), of pupils attending the school being transferred to the person under this subdivision.

AB1038,71 Section 71 . 119.9002 (2) (d) 2. b. of the statutes is amended to read:

AB1038,45,20 119.9002 (2) (d) 2. b. The In each of the 3 preceding consecutive accountability reports published under s. 115.385 (1), the performance category assigned to a school operated by the person on accountability reports published under s. 115.385 (1) for the school in each of the 3 preceding consecutive school years exceeds the performance category assigned to the school being transferred to the person under this subdivision in each of the 3 preceding consecutive school years. If fewer than 3 accountability reports have been published for a school described in this subd. 2. b., the commissioner shall determine an alternative method for comparing the school's performance.

AB1038,72 Section 72 . 119.9002 (2) (d) 3. a. of the statutes is amended to read:

AB1038,46,2 119.9002 (2) (d) 3. a. The performance, on the most recent examinations administered under s. 118.30 (1s) or (1t), of pupils attending a school operated by the governing body exceeds the performance, on the most recent examinations administered under s. 118.30 (1), of pupils attending the school being transferred to the governing body under this subdivision.

AB1038,73 Section 73 . 119.9002 (2) (d) 3. b. of the statutes is amended to read: