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AB68,1123,4 4115.96 (title) Establishment Pupil counts; establishment of programs.
AB68,1976 5Section 1976. 115.96 (1) of the statutes is amended to read:
AB68,1123,136 115.96 (1) Count of limited-English proficient pupils. Annually, on or before
7March 1, each a school board and the operator of a charter school established under
8s. 118.40 (2r) or (2x)
shall conduct a count of the limited-English proficient pupils in
9the public schools of the district or in the charter school, assess the language
10proficiency of such the pupils , and classify such the pupils by language group, grade
11level, age, and English language proficiency. A school board or operator is eligible
12for state aid under s. 115.995 only if the school board or operator conducts the count
13under this subsection.
AB68,1977 14Section 1977. 115.97 (1) of the statutes is amended to read:
AB68,1124,215 115.97 (1) A school board may combine pupils in attendance at separate schools
16in its bilingual-bicultural education program. The school board shall be eligible for
17state aids under s. 115.995 if the number of limited-English proficient pupils served
18from the combined schools meets the requirements under sub. (2), (3) or (4).
A pupil
19shall be eligible for a bilingual-bicultural education program only until he or she is
20able to perform ordinary classwork in English. The bilingual-bicultural education
21program shall be designed to provide intensive instruction to meet this objective.
22Nothing in this subchapter shall be construed to authorize isolation of children of
23limited-English proficient ability or ethnic background for a substantial portion of
24the school day. Pupils who are not limited-English proficient pupils may participate
25in a bilingual-bicultural education program, except that a school board shall give

1preference to limited-English proficient pupils in admitting pupils to such a
2program.
AB68,1978 3Section 1978. 115.97 (6) of the statutes is created to read:
AB68,1124,74 115.97 (6) A school board that is required to establish a bilingual-bicultural
5education program under sub. (2), (3), or (4) is eligible for state aid under s. 115.995
6only if the state superintendent is satisfied that the school board maintained the
7bilingual-bicultural education program in accordance with this subchapter.
AB68,1979 8Section 1979. 115.977 (2) of the statutes is amended to read:
AB68,1124,149 115.977 (2) A school district may establish bilingual-bicultural education
10programs by contracting with other school districts or with a cooperative educational
11service agency. If 10 or more pupils in kindergarten to grade 3, 20 or more in grades
124 to 8 or 20 or more in a high school program are enrolled in a program under a
13contract pursuant to this subsection, the school district offering the program is
14eligible for reimbursement under s. 115.995.
AB68,1980 15Section 1980. 115.993 (title) of the statutes is amended to read:
AB68,1124,17 16115.993 (title) Report Reports on bilingual-bicultural education and
17pupil counts
.
AB68,1981 18Section 1981. 115.993 of the statutes is renumbered 115.993 (1) and amended
19to read:
AB68,1125,320 115.993 (1) Annually, on or before August 15, the school board of a district
21operating a bilingual-bicultural education program under this subchapter shall
22report to the state superintendent the number of pupils, including both
23limited-English proficient pupils and other pupils, instructed the previous school
24year in bilingual-bicultural education programs, an itemized statement on oath of
25all disbursements on account of
a summary of the costs incurred to operate the

1bilingual-bicultural education program operated during the previous school year,
2and a copy of the estimated budget for that operating the bilingual-bicultural
3education
program for the current school year.
AB68,1982 4Section 1982. 115.993 (2) of the statutes is created to read:
AB68,1125,95 115.993 (2) Annually, on or before August 15, a school board and the operator
6of a charter school established under s. 118.40 (2r) or (2x) shall report to the state
7superintendent the number of limited-English proficient pupils enrolled in the
8school district or attending the charter school in the previous school year and the
9classification of those pupils by language group.
AB68,1983 10Section 1983. 115.993 (3) of the statutes is created to read:
AB68,1125,1311 115.993 (3) A school board or the operator of a charter school established under
12s. 118.40 (2r) or (2x) is eligible for state aid under s. 115.995 only if the school board
13or operator submits the reports required under this section.
AB68,1984 14Section 1984. 115.995 (intro.) of the statutes is renumbered 115.995 (1m)
15(intro.) and amended to read:
AB68,1125,2116 115.995 (1m) (intro.) Upon Subject to ss. 115.96 (1), 115.97 (6), and 115.993 (3),
17upon
receipt of the report reports under s. 115.993, if the state superintendent is
18satisfied that the bilingual-bicultural education program for the previous school
19year was maintained in accordance with this subchapter
(1) and (2), the state
20superintendent shall do all of, from the appropriation under s. 20.255 (2) (cc), pay the
21following amounts:
AB68,1985 22Section 1985. 115.995 (1) and (2) of the statutes are renumbered 115.995 (1m)
23(a) 1. and 2. and amended to read:
AB68,1126,424 115.995 (1m) (a) 1. From the appropriation under s. 20.255 (2) (cc), divide
25Dividing proportionally, based upon costs reported under s. 115.993, 2019 stats., an

1annual payment of $250,000 among school districts whose enrollments in the
2previous school year were at least 15 percent limited-English proficient pupils. Aid
3paid under this subsection subdivision does not reduce aid paid under sub. (2) subd.
42
.
AB68,1126,135 2. Certify Certifying to the department of administration in favor of the school
6district board a sum equal to a percentage of the amount expended on
7limited-English proficient pupils by the school district board during the preceding
8year for salaries of personnel participating in and attributable to
9bilingual-bicultural education programs under this subchapter, special books and
10equipment used in the bilingual-bicultural education programs, and other expenses
11approved by the state superintendent. The percentage shall be determined by
12dividing the amount in the appropriation under s. 20.255 (2) (cc) in the current school
13year less $250,000 by the total amount of aidable costs in the previous school year.
AB68,1986 14Section 1986. 115.995 (1m) (a) (intro.) of the statutes is created to read:
AB68,1126,1715 115.995 (1m) (a) (intro.) In the 2021-22 school year, to a school board that was
16required to establish a bilingual-bicultural education program under s. 115.97 for
17the previous school year, the amounts determined by doing all of the following:
AB68,1987 18Section 1987. 115.995 (1m) (b) of the statutes is created to read:
AB68,1126,2119 115.995 (1m) (b) Subject to sub. (3), beginning in the 2022-23 school year, to
20a school board or the operator of a charter school established under s. 118.40 (2r) or
21(2x), an amount calculated as follows:
AB68,1126,2422 1. If, in the previous school year, there was at least one limited-English
23proficient pupil enrolled in the school district or attending the charter school,
24$10,000.
AB68,1127,4
12. If, in the previous school year, there were more than 20 limited-English
2proficient pupils enrolled in the school district or attending the charter school,
3subtract 20 from the total number of limited-English proficient pupils enrolled in the
4school district or attending the charter school.
AB68,1127,55 3. Multiply the difference determined under subd. 2. by $500.
AB68,1127,66 4. Add the product determined under subd. 3. to the amount under subd. 1.
AB68,1988 7Section 1988. 115.995 (2m) of the statutes is created to read:
AB68,1127,128 115.995 (2m) Notwithstanding sub. (1m) (b), if a school board received a
9payment under sub. (1m) (a) in the 2021-22 school year, the state superintendent
10shall, subject to ss. 115.96 (1), 115.97 (6), and 115.993 (3) and upon receipt of the
11reports under s. 115.993 (1) and (2), from the appropriation under s. 20.255 (2) (cc),
12pay to the school board the following amounts:
AB68,1127,1413 (a) Subject to sub. (3), in the 2022-23 school year, the greater of the following
14amounts:
AB68,1127,1515 1. The sum determined under sub. (1m) (b) 4. for the 2022-23 school year.
AB68,1127,1716 2. An amount equal to the payment the school board received under sub. (1m)
17(a) in the 2020-21 school year.
AB68,1127,1918 (b) Subject to sub. (3), in the 2023-24 school year, the greater of the following
19amounts:
AB68,1127,2020 1. The sum determined under sub. (1m) (b) 4. for the 2023-24 school year.
AB68,1127,2121 2. An amount calculated as follows:
AB68,1127,2322 a. Subtract the amount determined under subd. 1. from the amount the school
23board received under sub. (1m) (a) in the 2020-21 school year.
AB68,1127,2424 b. Multiply the difference determined under subd. 2. a. by 0.5.
AB68,1128,2
1c. Add the product determined under subd. 2. b. to the amount determined
2under subd. 1.
AB68,1989 3Section 1989. 115.995 (3) of the statutes is created to read:
AB68,1128,74 115.995 (3) If the appropriation under s. 20.255 (2) (cc) in any fiscal year is
5insufficient to pay the full amount of aid under sub. (1m) (b) or (2m), the state
6superintendent shall prorate the payments among the school boards and operators
7of charter schools established under s. 118.40 (2r) and (2x) entitled to receive the aid.
AB68,1990 8Section 1990. 115.996 of the statutes is renumbered 115.996 (intro.) and
9amended to read:
AB68,1128,14 10115.996 Report to the legislature. (intro.) Annually, on or before December
1131, the state superintendent shall submit a report to the chief clerk of each house of
12the legislature, for distribution to the legislature under s. 13.172 (2), on the status
13of bilingual-bicultural education programs established under this subchapter. The
14report shall include all of the following information:
AB68,1128,18 15(1) The number of pupils served in bilingual-bicultural education programs for
16each language group in each school district in which such programs are offered and
17the cost of the program per pupil for each school district, language group
, and
18program type
.
AB68,1128,22 19(2) The department shall also provide the number of pupils in each school
20district and language group who as a result of participation in a bilingual-bicultural
21education program improved their English language ability to such an extent that
22the program is no longer necessary for such pupils.
AB68,1991 23Section 1991. 115.996 (3) of the statutes is created to read:
AB68,1129,3
1115.996 (3) The number of limited-English proficient pupils in each language
2group enrolled in each school district and attending each charter school established
3under s. 118.40 (2r) and (2x).
AB68,1992 4Section 1992. Subchapter IX (title) of chapter 115 [precedes 115.999] of the
5statutes is repealed.
AB68,1993 6Section 1993. 115.999 of the statutes is repealed.
AB68,1994 7Section 1994. 117.05 (1m) of the statutes is amended to read:
AB68,1129,118 117.05 (1m) Board and appeal panel meetings. The state superintendent shall
9set the time and place for meetings of the board under ss. 117.10, 117.105 (2m) and
10(4m)
, 117.12 (5), and 117.132 and for meetings of appeal panels under ss. 117.12 (4)
11and 117.13.
AB68,1995 12Section 1995. 117.05 (2) (a) of the statutes is amended to read:
AB68,1129,2013 117.05 (2) (a) Board. The state superintendent shall appoint 7 members of the
14board to perform any review under ss. 117.10, 117.105 (2m) and (4m), 117.12 (5), and
15117.132. The 7 members shall include the state superintendent or his or her designee
16on the board, 2 board members from school districts with small enrollments, 2 board
17members from school districts with medium enrollments, and 2 board members from
18school districts with large enrollments. Any action of the board under this chapter
19requires the affirmative vote of at least 4 of the 7 members appointed under this
20paragraph.
AB68,1996 21Section 1996. 117.05 (4) (a) (intro.) of the statutes is amended to read:
AB68,1130,222 117.05 (4) (a) Pending proceedings. (intro.) A reorganization proceeding is
23pending from the date that a petition is filed under s. 117.105 (1) (a), 117.11 (2), or
24117.12 (2) or a resolution is adopted under s. 117.08 (1), 117.09 (1), 117.10 (1), 117.105

1(1) (b) or (4m), 117.13 (2), or 117.132 (2) until the date on which the latest of any of
2the following occurs:
AB68,1997 3Section 1997. 117.05 (4) (d) 1. of the statutes is amended to read:
AB68,1130,94 117.05 (4) (d) 1. Except as provided in subd. 2., no petition may be filed or
5resolution adopted for the creation of a new school district under s. 117.105 (1) (a) or
6(b) before the 5th July 1 following the filing of a petition under s. 117.105 (1) (a) or
7the adoption of a resolution under s. 117.105 (1) (b) or the date of an order issued
8under s. 117.105 (4m) (c)
for any reorganization that includes any of the same
9territory.
AB68,1998 10Section 1998. 117.05 (9) (a) 1m. of the statutes is repealed.
AB68,1999 11Section 1999. 117.105 (4m) of the statutes is repealed.
AB68,2000 12Section 2000. 117.20 (1) (a) of the statutes is amended to read:
AB68,1130,2113 117.20 (1) (a) Except as provided in par. (b), if a referendum is required under
14ss. 117.08 to 117.11, it shall be held on the Tuesday after the first Monday in
15November following receipt of the petition or adoption of the resolution under s.
16117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a), or 117.11 (4) (a). If a referendum is
17required under s. 117.105 (3), it shall be held on the Tuesday after the first Monday
18in the 2nd November following receipt of the petition or adoption of the resolution
19under s. 117.105 (1). If a referendum is required under s. 117.105 (4m), it shall be
20held on the Tuesday after the first Monday in November following the date an order
21is issued by the board under s. 117.105 (4m) (c).
AB68,2001 22Section 2001. 117.22 (2) (bm) of the statutes is amended to read:
AB68,1130,2523 117.22 (2) (bm) If an order of reorganization is issued under s. 117.105, the first
24election of school board members shall be held at the spring election following the
25referendum under s. 117.105 (3) or (4m).
AB68,2002
1Section 2002. 118.07 (6) of the statutes is created to read:
AB68,1131,22 118.07 (6) (a) In this subsection:
AB68,1131,33 1. “School premises” means all of the following:
AB68,1131,64 a. Real property owned or rented by, or under the control of, a school board,
5including playgrounds, athletic facilities or fields, and any other property that is
6occupied by pupils on a regular basis.
AB68,1131,107 b. Real property owned or rented by an operator or governing board of a charter
8school that is used for the operation of a charter school, including playgrounds,
9athletic facilities or fields, and any other property that is occupied on a regular basis
10by pupils attending the charter school.
AB68,1131,1411 c. Real property owned or rented by the governing body of a private school that
12is used for the operation of a private school, including playgrounds, athletic facilities
13or fields, and any other property that is occupied on a regular basis by pupils
14attending the private school.
AB68,1131,1515 2. “Vape” means to inhale or exhale vapor from a vapor product.
AB68,1131,1616 3. “Vapor product” has the meaning given in s. 139.75 (14).
AB68,1131,1717 (b) No individual may vape on school premises.
AB68,2003 18Section 2003. 118.125 (4) of the statutes is amended to read:
AB68,1132,1219 118.125 (4) Transfer of records. No later than the next working day, a school
20district, and a private school participating in the program under s. 118.60 or in the
21program under s. 119.23, and the governing body of a private school that, pursuant
22to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation
23and general management of a school transferred to an opportunity schools and
24partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119
shall
25transfer to another school, including a private or tribal school, or school district all

1pupil records relating to a specific pupil if the transferring school district or private
2school has received written notice from the pupil if he or she is an adult or his or her
3parent or guardian if the pupil is a minor that the pupil intends to enroll in the other
4school or school district or written notice from the other school or school district that
5the pupil has enrolled or from a court that the pupil has been placed in a juvenile
6correctional facility, as defined in s. 938.02 (10p), or a secured residential care center
7for children and youth, as defined in s. 938.02 (15g). In this subsection, “ school" and
8“school district" include any juvenile correctional facility, secured residential care
9center for children and youth, adult correctional institution, mental health institute,
10or center for the developmentally disabled that provides an educational program for
11its residents instead of or in addition to that which is provided by public, private, and
12tribal schools.
AB68,2004 13Section 2004. 118.134 (6) of the statutes is created to read:
AB68,1132,2414 118.134 (6) Regardless of whether or not an objection is made under sub. (1)
15or an order is issued under sub. (3), if a school board adopts a resolution to terminate
16the use of race-based nickname, logo, mascot, or team name that is associated with
17a federally recognized American Indian tribe or American Indians, in general, the
18state superintendent may award a grant to the school board for the costs associated
19with adopting and implementing a nickname, logo, mascot, or team name that is not
20race-based. The state superintendent may not award a grant under this subsection
21in an amount that exceeds the greater of $50,000 or a school board's actual costs to
22adopt and implement a nickname, logo, mascot, or team name. The state
23superintendent shall pay the awards under this subsection from the appropriation
24under s. 20.255 (2) (kg).
AB68,2005 25Section 2005. 118.16 (4) (e) of the statutes is amended to read:
AB68,1133,4
1118.16 (4) (e) Except as provided under s. 119.55, a A school board may
2establish one or more youth service centers for the counseling of children who are
3taken into custody under s. 938.19 (1) (d) 10. for being absent from school without
4an acceptable excuse under s. 118.15.
AB68,2006 5Section 2006 . 118.163 (4) of the statutes is amended to read:
AB68,1133,76 118.163 (4) A person who is under 17 years of age a minor on the date of
7disposition is subject to s. 938.342.
AB68,2007 8Section 2007. 118.19 (1) of the statutes is amended to read:
AB68,1133,149 118.19 (1) Except as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and
102., any person seeking to teach in a public school, including a charter school, or in a
11school or institution operated by a county or the state, in a private school
12participating in a parental choice program under s. 118.60 or 119.23, or in a private
13school participating in the program under s. 115.7915
shall first procure a license or
14permit from the department.
AB68,2008 15Section 2008. 118.19 (1b) of the statutes is amended to read:
AB68,1133,2116 118.19 (1b) An individual may teach an online course in a subject and level in
17a public school, including a charter school, in a private school participating in a
18parental choice program under s. 118.60 or 119.23, or in a private school
19participating in the program under s. 115.7915
without a license or permit from the
20department if the individual holds a valid license or permit to teach the subject and
21level in the state from which the online course is provided.
AB68,2009 22Section 2009. 118.19 (1c) (b) (intro.) of the statutes is amended to read:
AB68,1134,423 118.19 (1c) (b) (intro.) A faculty member of an institution of higher education
24may teach in a public high school, including a charter school that operates only high
25school grades, in a private school participating in a parental choice program under

1s. 118.60 or 119.23 that operates only high school grades, or in a private school
2participating in the program under s. 115.7915 that operates only high school grades

3without a license or permit from the department if the faculty member satisfies all
4of the following:
AB68,2010 5Section 2010. 118.19 (3) (a) of the statutes is amended to read:
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