AB68: Bill Text

AB68,1969 Section 1969. 115.81 (1) (b) of the statutes is amended to read:

AB68,1121,12 115.81 (1) (b) “Responsible local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a residential care center for children and youth except that if the child resided in an institution or facility operated by the department of health services, a Type 1 juvenile correctional facility, as defined in s. 938.02 (19) (10p), or a Type 1 prison, as defined in s. 301.01 (5), before the placement of the child in a residential care center for children and youth, “responsible local educational agency" means the school district in which the residential care center for children and youth is located.

AB68,1970 Section 1970. 115.882 of the statutes is renumbered 115.882 (intro.) and amended to read:

AB68,1121,20 115.882 Payment of state aid; reimbursement rate. (intro.) Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6), and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, not to exceed 100 percent. the following rates:

AB68,1971 Section 1971. 115.882 (1) and (2) of the statutes are created to read:

AB68,1121,22 115.882 (1) In the 2021-22 school year, 45 percent of eligible costs.

AB68,1121,24 (2) In the 2022-23 school year and in each school year thereafter, 50 percent of eligible costs.

AB68,1972 Section 1972. 115.95 (2) of the statutes is amended to read:

AB68,1122,8 115.95 (2) It is the policy of this state to provide equal educational opportunities by ensuring that necessary programs are available for limited-English proficient pupils while allowing each school district and charter school under s. 118.40 (2r) or (2x) maximum flexibility in establishing programs suited to its particular needs. To this end, this subchapter provides support for educating limited-English proficient pupils and establishes bilingual-bicultural education programs for pupils in school districts with specified concentrations of limited-English proficient pupils in the attendance areas of particular schools.

AB68,1973 Section 1973. 115.95 (3) of the statutes is amended to read:

AB68,1122,14 115.95 (3) It is the policy of this state to reimburse school districts, in substantial part, for the added costs of providing the programs established under this subchapter and to provide support to school districts and charter schools under s. 118.40 (2r) and (2x) for the added costs of educating limited-English proficient pupils.

AB68,1974 Section 1974. 115.958 of the statutes is created to read:

AB68,1122,20 115.958 Capacity-building grants for licensed educators. (1) A school board or the operator of a charter school established under s. 118.40 (2r) or (2x) may apply to the department for a grant for the school district or charter school to provide support and financial assistance to its staff and teachers in obtaining licensure or certification as bilingual teachers and teachers of English as a 2nd language.

AB68,1122,24 (2) Beginning in the 2022-23 school year, from the appropriation under s. 20.255 (2) (ch), the department may award grants under sub. (1) to school districts and charter schools established under s. 118.40 (2r) and (2x) in amounts determined by the department.

AB68,1123,2 (3) The department may promulgate rules to implement and administer this section.

AB68,1975 Section 1975. 115.96 (title) of the statutes is amended to read:

AB68,1123,4 115.96 (title) Establishment Pupil counts; establishment of programs.

AB68,1976 Section 1976. 115.96 (1) of the statutes is amended to read:

AB68,1123,13 115.96 (1) Count of limited-English proficient pupils. Annually, on or before March 1, each a school board and the operator of a charter school established under s. 118.40 (2r) or (2x) shall conduct a count of the limited-English proficient pupils in the public schools of the district or in the charter school, assess the language proficiency of such the pupils , and classify such the pupils by language group, grade level, age, and English language proficiency. A school board or operator is eligible for state aid under s. 115.995 only if the school board or operator conducts the count under this subsection.

AB68,1977 Section 1977. 115.97 (1) of the statutes is amended to read:

AB68,1124,2 115.97 (1) A school board may combine pupils in attendance at separate schools in its bilingual-bicultural education program. The school board shall be eligible for state aids under s. 115.995 if the number of limited-English proficient pupils served from the combined schools meets the requirements under sub. (2), (3) or (4). A pupil shall be eligible for a bilingual-bicultural education program only until he or she is able to perform ordinary classwork in English. The bilingual-bicultural education program shall be designed to provide intensive instruction to meet this objective. Nothing in this subchapter shall be construed to authorize isolation of children of limited-English proficient ability or ethnic background for a substantial portion of the school day. Pupils who are not limited-English proficient pupils may participate in a bilingual-bicultural education program, except that a school board shall give preference to limited-English proficient pupils in admitting pupils to such a program.

AB68,1978 Section 1978. 115.97 (6) of the statutes is created to read:

AB68,1124,7 115.97 (6) A school board that is required to establish a bilingual-bicultural education program under sub. (2), (3), or (4) is eligible for state aid under s. 115.995 only if the state superintendent is satisfied that the school board maintained the bilingual-bicultural education program in accordance with this subchapter.

AB68,1979 Section 1979. 115.977 (2) of the statutes is amended to read:

AB68,1124,14 115.977 (2) A school district may establish bilingual-bicultural education programs by contracting with other school districts or with a cooperative educational service agency. If 10 or more pupils in kindergarten to grade 3, 20 or more in grades 4 to 8 or 20 or more in a high school program are enrolled in a program under a contract pursuant to this subsection, the school district offering the program is eligible for reimbursement under s. 115.995.

AB68,1980 Section 1980. 115.993 (title) of the statutes is amended to read:

AB68,1124,17 115.993 (title) Report Reports on bilingual-bicultural education and pupil counts.

AB68,1981 Section 1981. 115.993 of the statutes is renumbered 115.993 (1) and amended to read:

AB68,1125,3 115.993 (1) Annually, on or before August 15, the school board of a district operating a bilingual-bicultural education program under this subchapter shall report to the state superintendent the number of pupils, including both limited-English proficient pupils and other pupils, instructed the previous school year in bilingual-bicultural education programs, an itemized statement on oath of all disbursements on account of a summary of the costs incurred to operate the bilingual-bicultural education program operated during the previous school year, and a copy of the estimated budget for that operating the bilingual-bicultural education program for the current school year.

AB68,1982 Section 1982. 115.993 (2) of the statutes is created to read:

AB68,1125,9 115.993 (2) Annually, on or before August 15, a school board and the operator of a charter school established under s. 118.40 (2r) or (2x) shall report to the state superintendent the number of limited-English proficient pupils enrolled in the school district or attending the charter school in the previous school year and the classification of those pupils by language group.

AB68,1983 Section 1983. 115.993 (3) of the statutes is created to read:

AB68,1125,13 115.993 (3) A school board or the operator of a charter school established under s. 118.40 (2r) or (2x) is eligible for state aid under s. 115.995 only if the school board or operator submits the reports required under this section.

AB68,1984 Section 1984. 115.995 (intro.) of the statutes is renumbered 115.995 (1m) (intro.) and amended to read:

AB68,1125,21 115.995 (1m) (intro.) Upon Subject to ss. 115.96 (1), 115.97 (6), and 115.993 (3), upon receipt of the report reports under s. 115.993, if the state superintendent is satisfied that the bilingual-bicultural education program for the previous school year was maintained in accordance with this subchapter (1) and (2), the state superintendent shall do all of, from the appropriation under s. 20.255 (2) (cc), pay the following amounts:

AB68,1985 Section 1985. 115.995 (1) and (2) of the statutes are renumbered 115.995 (1m) (a) 1. and 2. and amended to read:

AB68,1126,4 115.995 (1m) (a) 1. From the appropriation under s. 20.255 (2) (cc), divide Dividing proportionally, based upon costs reported under s. 115.993, 2019 stats., an annual payment of $250,000 among school districts whose enrollments in the previous school year were at least 15 percent limited-English proficient pupils. Aid paid under this subsection subdivision does not reduce aid paid under sub. (2) subd. 2.

AB68,1126,13 2. Certify Certifying to the department of administration in favor of the school district board a sum equal to a percentage of the amount expended on limited-English proficient pupils by the school district board during the preceding year for salaries of personnel participating in and attributable to bilingual-bicultural education programs under this subchapter, special books and equipment used in the bilingual-bicultural education programs, and other expenses approved by the state superintendent. The percentage shall be determined by dividing the amount in the appropriation under s. 20.255 (2) (cc) in the current school year less $250,000 by the total amount of aidable costs in the previous school year.

AB68,1986 Section 1986. 115.995 (1m) (a) (intro.) of the statutes is created to read:

AB68,1126,17 115.995 (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:

AB68,1987 Section 1987. 115.995 (1m) (b) of the statutes is created to read:

AB68,1126,21 115.995 (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:

AB68,1126,24 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.

AB68,1127,4 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.

AB68,1127,5 3. Multiply the difference determined under subd. 2. by $500.

AB68,1127,6 4. Add the product determined under subd. 3. to the amount under subd. 1.

AB68,1988 Section 1988. 115.995 (2m) of the statutes is created to read:

AB68,1127,12 115.995 (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:

AB68,1127,14 (a) Subject to sub. (3), in the 2022-23 school year, the greater of the following amounts:

AB68,1127,15 1. The sum determined under sub. (1m) (b) 4. for the 2022-23 school year.

AB68,1127,17 2. An amount equal to the payment the school board received under sub. (1m) (a) in the 2020-21 school year.

AB68,1127,19 (b) Subject to sub. (3), in the 2023-24 school year, the greater of the following amounts:

AB68,1127,20 1. The sum determined under sub. (1m) (b) 4. for the 2023-24 school year.

AB68,1127,21 2. An amount calculated as follows:

AB68,1127,23 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.

AB68,1127,24 b. Multiply the difference determined under subd. 2. a. by 0.5.

AB68,1128,2 c. Add the product determined under subd. 2. b. to the amount determined under subd. 1.

AB68,1989 Section 1989. 115.995 (3) of the statutes is created to read:

AB68,1128,7 115.995 (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.

AB68,1990 Section 1990. 115.996 of the statutes is renumbered 115.996 (intro.) and amended to read:

AB68,1128,14 115.996 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:

AB68,1128,18 (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.

AB68,1128,22 (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.

AB68,1991 Section 1991. 115.996 (3) of the statutes is created to read:

AB68,1129,3 115.996 (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).

AB68,1992 Section 1992. Subchapter IX (title) of chapter 115 [precedes 115.999] of the statutes is repealed.

AB68,1993 Section 1993. 115.999 of the statutes is repealed.

AB68,1994 Section 1994. 117.05 (1m) of the statutes is amended to read:

AB68,1129,11 117.05 (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.

AB68,1995 Section 1995. 117.05 (2) (a) of the statutes is amended to read:

AB68,1129,20 117.05 (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.

AB68,1996 Section 1996. 117.05 (4) (a) (intro.) of the statutes is amended to read:

AB68,1130,2 117.05 (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:

AB68,1997 Section 1997. 117.05 (4) (d) 1. of the statutes is amended to read:

AB68,1130,9 117.05 (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.

AB68,1998 Section 1998. 117.05 (9) (a) 1m. of the statutes is repealed.

AB68,1999 Section 1999. 117.105 (4m) of the statutes is repealed.

AB68,2000 Section 2000. 117.20 (1) (a) of the statutes is amended to read:

AB68,1130,21 117.20 (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).

AB68,2001 Section 2001. 117.22 (2) (bm) of the statutes is amended to read:

AB68,1130,25 117.22 (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).

AB68,2002 Section 2002. 118.07 (6) of the statutes is created to read:

AB68,1131,2 118.07 (6) (a) In this subsection:

AB68,1131,3 1. “School premises” means all of the following:

AB68,1131,6 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.

AB68,1131,10 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.

AB68,1131,14 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.

AB68,1131,15 2. “Vape” means to inhale or exhale vapor from a vapor product.

AB68,1131,16 3. “Vapor product” has the meaning given in s. 139.75 (14).