Amendment SSA1-AB68

AB68-SSA1,951,7 115.995 (1m) (a) (intro.) In the 2021-22 school year, to a school board that was required to establish a bilingual-bicultural education program under s. 115.97 for the previous school year, the amounts determined by doing all of the following:

AB68-SSA1,2033 Section 2033. 115.995 (1m) (b) of the statutes is created to read:

AB68-SSA1,951,11 115.995 (1m) (b) Subject to sub. (3), beginning in the 2022-23 school year, to a school board or the operator of a charter school established under s. 118.40 (2r) or (2x), an amount calculated as follows:

AB68-SSA1,951,14 1. If, in the previous school year, there was at least one limited-English proficient pupil enrolled in the school district or attending the charter school, $10,000.

AB68-SSA1,951,18 2. If, in the previous school year, there were more than 20 limited-English proficient pupils enrolled in the school district or attending the charter school, subtract 20 from the total number of limited-English proficient pupils enrolled in the school district or attending the charter school.

AB68-SSA1,951,19 3. Multiply the difference determined under subd. 2. by $500.

AB68-SSA1,951,20 4. Add the product determined under subd. 3. to the amount under subd. 1.

AB68-SSA1,2034 Section 2034. 115.995 (2m) of the statutes is created to read:

AB68-SSA1,952,2 115.995 (2m) Notwithstanding sub. (1m) (b), if a school board received a payment under sub. (1m) (a) in the 2021-22 school year, the state superintendent shall, subject to ss. 115.96 (1), 115.97 (6), and 115.993 (3) and upon receipt of the reports under s. 115.993 (1) and (2), from the appropriation under s. 20.255 (2) (cc), pay to the school board the following amounts:

AB68-SSA1,952,4 (a) Subject to sub. (3), in the 2022-23 school year, the greater of the following amounts:

AB68-SSA1,952,5 1. The sum determined under sub. (1m) (b) 4. for the 2022-23 school year.

AB68-SSA1,952,7 2. An amount equal to the payment the school board received under sub. (1m) (a) in the 2020-21 school year.

AB68-SSA1,952,9 (b) Subject to sub. (3), in the 2023-24 school year, the greater of the following amounts:

AB68-SSA1,952,10 1. The sum determined under sub. (1m) (b) 4. for the 2023-24 school year.

AB68-SSA1,952,11 2. An amount calculated as follows:

AB68-SSA1,952,13 a. Subtract the amount determined under subd. 1. from the amount the school board received under sub. (1m) (a) in the 2020-21 school year.

AB68-SSA1,952,14 b. Multiply the difference determined under subd. 2. a. by 0.5.

AB68-SSA1,952,16 c. Add the product determined under subd. 2. b. to the amount determined under subd. 1.

AB68-SSA1,2035 Section 2035. 115.995 (3) of the statutes is created to read:

AB68-SSA1,952,21 115.995 (3) If the appropriation under s. 20.255 (2) (cc) in any fiscal year is insufficient to pay the full amount of aid under sub. (1m) (b) or (2m), the state superintendent shall prorate the payments among the school boards and operators of charter schools established under s. 118.40 (2r) and (2x) entitled to receive the aid.

AB68-SSA1,2036 Section 2036. 115.996 of the statutes is renumbered 115.996 (intro.) and amended to read:

AB68-SSA1,953,3 115.996 Report to the legislature. (intro.) Annually, on or before December 31, the state superintendent shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the status of bilingual-bicultural education programs established under this subchapter. The report shall include all of the following information:

AB68-SSA1,953,7 (1) The number of pupils served in bilingual-bicultural education programs for each language group in each school district in which such programs are offered and the cost of the program per pupil for each school district, language group, and program type.

AB68-SSA1,953,11 (2) The department shall also provide the number of pupils in each school district and language group who as a result of participation in a bilingual-bicultural education program improved their English language ability to such an extent that the program is no longer necessary for such pupils.

AB68-SSA1,2037 Section 2037. 115.996 (3) of the statutes is created to read:

AB68-SSA1,953,15 115.996 (3) The number of limited-English proficient pupils in each language group enrolled in each school district and attending each charter school established under s. 118.40 (2r) and (2x).

AB68-SSA1,2038 Section 2038. Subchapter IX (title) of chapter 115 [precedes 115.999] of the statutes is repealed.

AB68-SSA1,2039 Section 2039. 115.999 of the statutes is repealed.

AB68-SSA1,2040 Section 2040. 117.05 (1m) of the statutes is amended to read:

AB68-SSA1,953,23 117.05 (1m) Board and appeal panel meetings. The state superintendent shall set the time and place for meetings of the board under ss. 117.10, 117.105 (2m) and (4m), 117.12 (5), and 117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.

AB68-SSA1,2041 Section 2041. 117.05 (2) (a) of the statutes is amended to read:

AB68-SSA1,954,8 117.05 (2) (a) Board. The state superintendent shall appoint 7 members of the board to perform any review under ss. 117.10, 117.105 (2m) and (4m), 117.12 (5), and 117.132. The 7 members shall include the state superintendent or his or her designee on the board, 2 board members from school districts with small enrollments, 2 board members from school districts with medium enrollments, and 2 board members from school districts with large enrollments. Any action of the board under this chapter requires the affirmative vote of at least 4 of the 7 members appointed under this paragraph.

AB68-SSA1,2042 Section 2042. 117.05 (4) (a) (intro.) of the statutes is amended to read:

AB68-SSA1,954,14 117.05 (4) (a) Pending proceedings. (intro.) A reorganization proceeding is pending from the date that a petition is filed under s. 117.105 (1) (a), 117.11 (2), or 117.12 (2) or a resolution is adopted under s. 117.08 (1), 117.09 (1), 117.10 (1), 117.105 (1) (b) or (4m), 117.13 (2), or 117.132 (2) until the date on which the latest of any of the following occurs:

AB68-SSA1,2043 Section 2043. 117.05 (4) (d) 1. of the statutes is amended to read:

AB68-SSA1,954,21 117.05 (4) (d) 1. Except as provided in subd. 2., no petition may be filed or resolution adopted for the creation of a new school district under s. 117.105 (1) (a) or (b) before the 5th July 1 following the filing of a petition under s. 117.105 (1) (a) or the adoption of a resolution under s. 117.105 (1) (b) or the date of an order issued under s. 117.105 (4m) (c) for any reorganization that includes any of the same territory.

AB68-SSA1,2044 Section 2044. 117.05 (9) (a) 1m. of the statutes is repealed.

AB68-SSA1,2045 Section 2045. 117.105 (4m) of the statutes is repealed.

AB68-SSA1,2046 Section 2046. 117.20 (1) (a) of the statutes is amended to read:

AB68-SSA1,955,9 117.20 (1) (a) Except as provided in par. (b), if a referendum is required under ss. 117.08 to 117.11, it shall be held on the Tuesday after the first Monday in November following receipt of the petition or adoption of the resolution under s. 117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a), or 117.11 (4) (a). If a referendum is required under s. 117.105 (3), it shall be held on the Tuesday after the first Monday in the 2nd November following receipt of the petition or adoption of the resolution under s. 117.105 (1). If a referendum is required under s. 117.105 (4m), it shall be held on the Tuesday after the first Monday in November following the date an order is issued by the board under s. 117.105 (4m) (c).

AB68-SSA1,2047 Section 2047. 117.22 (2) (bm) of the statutes is amended to read:

AB68-SSA1,955,13 117.22 (2) (bm) If an order of reorganization is issued under s. 117.105, the first election of school board members shall be held at the spring election following the referendum under s. 117.105 (3) or (4m).

AB68-SSA1,2048 Section 2048. 118.07 (6) of the statutes is created to read:

AB68-SSA1,955,15 118.07 (6) (a) In this subsection:

AB68-SSA1,955,16 1. “School premises” means all of the following:

AB68-SSA1,955,19 a. Real property owned or rented by, or under the control of, a school board, including playgrounds, athletic facilities or fields, and any other property that is occupied by pupils on a regular basis.

AB68-SSA1,955,23 b. Real property owned or rented by an operator or governing board of a charter school that is used for the operation of a charter school, including playgrounds, athletic facilities or fields, and any other property that is occupied on a regular basis by pupils attending the charter school.

AB68-SSA1,956,2 c. Real property owned or rented by the governing body of a private school that is used for the operation of a private school, including playgrounds, athletic facilities or fields, and any other property that is occupied on a regular basis by pupils attending the private school.

AB68-SSA1,956,3 2. “Vape” means to inhale or exhale vapor from a vapor product.

AB68-SSA1,956,4 3. “Vapor product” has the meaning given in s. 139.75 (14).

AB68-SSA1,956,5 (b) No individual may vape on school premises.

AB68-SSA1,2049 Section 2049. 118.125 (4) of the statutes is amended to read:

AB68-SSA1,956,25 118.125 (4) Transfer of records. No later than the next working day, a school district, and a private school participating in the program under s. 118.60 or in the program under s. 119.23, and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall transfer to another school, including a private or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, “ school" and “school district" include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.

AB68-SSA1,2050 Section 2050. 118.134 (6) of the statutes is created to read:

AB68-SSA1,957,12 118.134 (6) Regardless of whether or not an objection is made under sub. (1) or an order is issued under sub. (3), if a school board adopts a resolution to terminate the use of race-based nickname, logo, mascot, or team name that is associated with a federally recognized American Indian tribe or American Indians, in general, the state superintendent may award a grant to the school board for the costs associated with adopting and implementing a nickname, logo, mascot, or team name that is not race-based. The state superintendent may not award a grant under this subsection in an amount that exceeds the greater of $50,000 or a school board's actual costs to adopt and implement a nickname, logo, mascot, or team name. The state superintendent shall pay the awards under this subsection from the appropriation under s. 20.255 (2) (kg).

AB68-SSA1,2051 Section 2051. 118.16 (4) (e) of the statutes is amended to read:

AB68-SSA1,957,17 118.16 (4) (e) Except as provided under s. 119.55, a A school board may establish one or more youth service centers for the counseling of children who are taken into custody under s. 938.19 (1) (d) 10. for being absent from school without an acceptable excuse under s. 118.15.

AB68-SSA1,2052 Section 2052 . 118.163 (4) of the statutes is amended to read:

AB68-SSA1,957,20 118.163 (4) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.342.

AB68-SSA1,2053 Section 2053. 118.19 (1) of the statutes is amended to read:

AB68-SSA1,958,2 118.19 (1) Except as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and 2., any person seeking to teach in a public school, including a charter school, or in a school or institution operated by a county or the state, in a private school participating in a parental choice program under s. 118.60 or 119.23, or in a private school participating in the program under s. 115.7915 shall first procure a license or permit from the department.

AB68-SSA1,2054 Section 2054. 118.19 (1b) of the statutes is amended to read:

AB68-SSA1,958,9 118.19 (1b) An individual may teach an online course in a subject and level in a public school, including a charter school, in a private school participating in a parental choice program under s. 118.60 or 119.23, or in a private school participating in the program under s. 115.7915 without a license or permit from the department if the individual holds a valid license or permit to teach the subject and level in the state from which the online course is provided.

AB68-SSA1,2055 Section 2055. 118.19 (1c) (b) (intro.) of the statutes is amended to read:

AB68-SSA1,958,17 118.19 (1c) (b) (intro.) A faculty member of an institution of higher education may teach in a public high school, including a charter school that operates only high school grades, in a private school participating in a parental choice program under s. 118.60 or 119.23 that operates only high school grades, or in a private school participating in the program under s. 115.7915 that operates only high school grades without a license or permit from the department if the faculty member satisfies all of the following:

AB68-SSA1,2056 Section 2056. 118.19 (3) (a) of the statutes is amended to read:

AB68-SSA1,959,17 118.19 (3) (a) No license to teach in any public school may be issued unless the applicant possesses a bachelor's degree including such professional training as the department by rule requires, except as permitted under par. (b) and ss. 115.28 (17) (a), 118.191, 118.1915, 118.192, 118.193, 118.194, and 118.197. Notwithstanding s. 36.11 (16), no teacher preparatory program in this state may be approved by the state superintendent under s. 115.28 (7) (a), unless each student in the program is required to complete student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the state superintendent. No license to teach in any public school may be granted to an applicant who completed a professional training program outside this state unless the applicant completed student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the state superintendent. The state superintendent may grant exceptions to the student teaching requirements under this paragraph when the midyear calendars of the institution offering the teacher preparatory program and the cooperating school differ from each other and would prevent students from attending classes at the institution in accordance with the institution's calendar. The state superintendent shall promulgate rules to implement this subsection. If for the purpose of granting a license to teach or for approving a teacher preparatory program the state superintendent requires that an institution of higher education be accredited, the state superintendent shall accept accreditation by a regional or national institutional accrediting agency recognized by the U.S. department of education or by a programmatic accrediting organization.

AB68-SSA1,2057 Section 2057. 118.19 (3) (b) of the statutes is amended to read:

AB68-SSA1,960,3 118.19 (3) (b) The state superintendent shall permanently certify any applicant to teach Wisconsin native American languages and culture who has successfully completed the university of Wisconsin-Milwaukee school of education approved Wisconsin native American languages and culture project certification program at any time between January 1, 1974, and December 31, 1977. School districts shall A school district, the governing body of a private school participating in a parental choice program under s. 118.60 or 119.23, or the governing body of a private school participating in the program under s. 115.7915 may not assign individuals certified under this paragraph to teach courses other than Wisconsin native American languages and culture, unless they qualify under par. (a).

AB68-SSA1,2058 Section 2058. 118.19 (8) of the statutes is amended to read:

AB68-SSA1,960,9 118.19 (8) The state superintendent may not grant to any person a license to teach unless the person has received instruction in the study of minority group relations, including instruction in the history, culture and, tribal sovereignty , and contemporary and historical significant events of the federally recognized American Indian tribes and bands located in this state.

AB68-SSA1,2059 Section 2059. 118.19 (10) (b) 1. of the statutes is amended to read:

AB68-SSA1,960,14 118.19 (10) (b) 1. Conduct a background investigation of each applicant for issuance or renewal of a license or permit, including a license or permit issued to a pupil services professional, and for a faculty member seeking to teach in a public high school without a license or permit.

AB68-SSA1,2060 Section 2060. 118.191 (2) (a) of the statutes is amended to read:

AB68-SSA1,960,24 118.191 (2) (a) Notwithstanding s. 118.19 (7) to (9), the department shall grant an initial teaching license to teach a technical education subject to an individual who is eligible for licensure under s. 118.19 (4) and (10), who scores at least 100 points on the point system under sub. (5), of which at least 25 points are from sub. (5) (a) 1. and at least 25 points are from sub. (5) (a) 2., and who agrees to complete during the term of the license a curriculum determined by the school board of the school district, by the governing body of the private school participating in a parental choice program under s. 118.60 or 119.23, or by the governing body of the private school participating in the program under s. 115.7915 in which the individual will teach.

AB68-SSA1,2061 Section 2061. 118.191 (2) (b) of the statutes is amended to read:

AB68-SSA1,961,10 118.191 (2) (b) Notwithstanding s. 118.19 (7) to (9), the department shall grant an initial teaching license to teach a vocational education subject to an individual who is eligible for licensure under s. 118.19 (4) and (10), who scores at least 100 points on the point system under sub. (5m), of which at least 25 points are from sub. (5m) (a) 1. and at least 25 points are from sub. (5m) (a) 2., and who agrees to complete during the term of the license a curriculum determined by the school board of the school district, by the governing body of the private school participating in a parental choice program under s. 118.60 or 119.23, or by the governing body of the private school participating in the program under s. 115.7915 in which the individual will teach.

AB68-SSA1,2062 Section 2062. 118.191 (2m) of the statutes is amended to read:

AB68-SSA1,961,15 118.191 (2m) An initial teaching license issued under sub. (2) authorizes an individual to teach only in the school district controlled by the school board, or in the private school controlled by the governing body, that determined the curriculum the individual agreed to complete in order to qualify for the initial teaching license.

AB68-SSA1,2063 Section 2063. 118.191 (3) of the statutes is amended to read:

AB68-SSA1,961,20 118.191 (3) An initial teaching license issued under sub. (2) is valid for 3 years. An initial teaching license issued under sub. (2) is void if the license holder ceases to be employed as a teacher in the school district or private school in which the license holder is authorized to teach under sub. (2m).

AB68-SSA1,2064 Section 2064. 118.191 (4) of the statutes is amended to read:

AB68-SSA1,962,7 118.191 (4) Upon the expiration of the 3-year term of an initial teaching license issued under sub. (2), the department shall issue to the license holder a professional teaching license to teach the technical education subject or vocational education subject if the individual successfully completed the curriculum that the individual agreed to under sub. (2), as determined by the school board of the school district, by the governing body of the private school participating in a parental choice program under s. 118.60 or 119.23, or by the governing body of the private school participating in the program under s. 115.7915 that established the curriculum. The department shall indicate on a professional teaching license issued under this subsection that the license was obtained under the experience-based licensure program under this section.

AB68-SSA1,2065 Section 2065. 118.192 (4) of the statutes is amended to read:

AB68-SSA1,962,12 118.192 (4) A school board or private school participating in a parental choice program under s. 118.60 or 119.23 that employs a person who holds a professional teaching permit shall ensure that no regularly licensed teacher is removed from his or her position as a result of the employment of persons holding permits.

AB68-SSA1,2066 Section 2066. 118.20 (1) of the statutes is amended to read:

AB68-SSA1,963,2 118.20 (1) No discrimination because of sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), race, nationality national origin, or political or religious affiliation may be practiced in the employment of teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), race, nationality national origin, or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employees or by teachers agencies or placement bureaus.

AB68-SSA1,2067 Section 2067. 118.22 (4) of the statutes is created to read:

AB68-SSA1,963,7 118.22 (4) A collective bargaining agreement under subch. IV of ch. 111 may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.