AB1038: Bill Text

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:

AB1038,46,12 119.9002 (2) (d) 3. 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 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. b., the commissioner shall determine an alternative method for comparing the school's performance.

AB1038,74 Section 74 . 119.9004 (3) (b) 2. of the statutes is amended to read:

AB1038,46,17 119.9004 (3) (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).

AB1038,75 Section 75 . 120.13 (2) (g) of the statutes is amended to read:

AB1038,46,22 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (4) to (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB1038,76 Section 76 . 146.40 (3) of the statutes is amended to read:

AB1038,47,11 146.40 (3) Except as provided in sub. (4d), the department shall approve instructional programs for nurse aides that apply for, and satisfy standards for, approval that are promulgated by rule by the department. The department may not require an instructional program to exceed the federally required minimum total training hours or minimum hours of supervised practical training under 42 CFR 483.152 (a). The department shall review the curriculum of each approved instructional program at least once every 24 months following the date of approval to determine whether the program continues to satisfy the standards for approval. Under this subsection, the department may, after providing notice, suspend or revoke the approval of an instructional program or impose a plan of correction on the program if the program fails to satisfy the standards for approval or operates under conditions that are other than those contained in the application approved by the department.

AB1038,77 Section 77 . 153.23 of the statutes is created to read:

AB1038,47,15 153.23 Public health emergency dashboard. (1) “Public health emergency related to the 2019 novel coronavirus” means the period covered by any of the following:

AB1038,47,17 (a) The national emergency declared by the U.S. president under 50 USC 1621 on March 13, 2020, in response to the 2019 novel coronavirus.

AB1038,47,20 (b) The public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services on January 31, 2020, in response to the 2019 novel coronavirus.

AB1038,47,22 (c) The state of emergency related to public health declared under s. 323.10 on March 12, 2020, by executive order 72.

AB1038,48,7 (2) During the public health emergency related to the 2019 novel coronavirus, the entity under contract under s. 153.05 (2m) (a) shall prepare and publish a public health emergency dashboard using health care emergency preparedness program information collected by the state from acute care hospitals. A dashboard published under this section shall include information to assist emergency response planning activities. For purposes of this section, the entity and the department shall enter into a data use agreement and mutually agree to the health care emergency preparedness program information the department will provide to the entity, the information the entity will include in the dashboard, any publication schedule, and any other terms considered necessary by the entity or the department.

AB1038,78 Section 78 . 185.983 (1) (intro.) of the statutes is amended to read:

AB1038,48,16 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (2) to (6), 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB1038,79 Section 79 . 323.19 (3) of the statutes is created to read:

AB1038,48,22 323.19 (3) Based on guidance provided by the secretary of health services, the head of each state agency and each local health department shall determine which public employee positions within the respective state agency or local government are critical during the public health emergency declared on March 12, 2020, by executive order 72, for the purposes of s. 40.26 (5m) and (6) (b).

AB1038,80 Section 80 . 323.19 (4) of the statutes is created to read:

AB1038,49,3 323.19 (4) (a ) In this subsection, “state entity” means any state agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law that is entitled to expend moneys appropriated by law, including the legislature, the courts, and any authority.

AB1038,49,9 (b) During the public health emergency declared on March 12, 2020, by executive order 72, the head or governing body of a state entity may waive a requirement imposed, administered, or enforced by the state entity that an individual appear in person if the head or governing body finds that the waiver assists in the state's response to the public health emergency or that enforcing the requirement may increase the public health risk.

AB1038,81 Section 81 . 323.265 of the statutes is created to read:

AB1038,49,12 323.265 Suspension of certain deadlines and training requirements during a public health emergency. (1) Definitions. In this section:

AB1038,49,17 (a) “Agency” means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including any authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, the legislature, or the courts.

AB1038,49,19 (b) “Deadline” means any date certain by which, or any other limitation as to time within which, an action or event is required to occur.

AB1038,49,21 (c) “Emergency period” means the period covered by the public health emergency declared on March 12, 2020, by executive order 72, plus 30 days.

AB1038,49,25 (d) “Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB1038,50,5 (2) Deadlines. (a) Each agency or local governmental unit may toll for the duration of an emergency period any deadline falling within that period that the agency or local governmental unit administers or enforces. The agency or local governmental unit may not charge any interest or penalty that would otherwise apply with respect to the tolled deadline.

AB1038,50,6 (b) Paragraph (a) does not apply to all of the following:

AB1038,50,10 1. Any deadline with respect to the filing or payment of a tax for which the revenue is deposited or is expected to be deposited in the general fund, a tax or fee for which the revenue is deposited or is expected to be deposited in the transportation fund, or a property tax.

AB1038,50,12 2. The date on which an election, as defined in s. 5.02 (4), is to be held, and any deadline relating to an election.

AB1038,50,15 (3) Training requirements. During an emergency period, each agency or local governmental unit may suspend any training requirement associated with any program the agency or local unit of government administers or enforces.

AB1038,82 Section 82 . 323.2911 of the statutes is created to read:

AB1038,50,23 323.2911 Public employee health insurance coverage. Notwithstanding s. 40.02 (40), for the purpose of group health insurance coverage offered by the group insurance board under subch. IV of ch. 40, if an employee who was on a leave of absence returns from leave, even if the employee has not resumed active performance of duty for 30 consecutive calendar days on March 12, 2020, due to the public health emergency declared by executive order 72, the leave of absence is deemed ended or interrupted on that date.

AB1038,83 Section 83 . 323.2912 of the statutes is created to read:

AB1038,51,6 323.2912 Suspension of limited term appointment hours. Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and selection in the division of personnel management in the department of administration may increase or suspend the number of hours for a limited term appointment for the duration of the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,84 Section 84 . 323.2913 of the statutes is created to read:

AB1038,51,15 323.2913 Use of annual leave during probationary period by state employee. Notwithstanding s. 230.35 (1) (b), a state employee may take annual leave within the first 6 months of the employee's probationary period upon initial appointment during the public health emergency declared on March 12, 2020, by executive order 72. If an employee who has taken annual leave under this section terminates his or her employment before earning annual leave equivalent to the amount of annual leave the employee has taken, the appointing authority shall deduct the cost of the unearned annual leave from the employee's final pay.

AB1038,85 Section 85 . 323.2915 of the statutes is created to read:

AB1038,51,22 323.2915 State civil service grievance procedures. (1) Notwithstanding s. 230.445 (2) and (3), an employee does not waive his or her right to appeal an adverse employment decision if the employee does not timely file the complaint or appeal during the public health emergency declared on March 12, 2020, by executive order 72. The tolling period under s. 230.445 (3) (a) 1. begins 14 days after the termination of such public health emergency.