AB43: Bill Text

AB43,2121 Section 2121. 118.07 (1) of the statutes is renumbered 118.07 (1) (a).

AB43,2122 Section 2122. 118.07 (1) (b) of the statutes is created to read:

AB43,,5698 118.07 (1) (b) Every school board shall ensure that each public school in the school district, and every operator of a charter school established under s. 118.40 (2r) or (2x) shall ensure that the charter school, has on-site an adequate usable supply of an opioid antagonist, as defined in s. 450.01 (13v). A supply of an opioid antagonist provided under this paragraph shall be in a location that is easily accessible at all times.

AB43,2123 Section 2123. 118.07 (6) of the statutes is created to read:

AB43,,5700 118.07 (6) (a) In this subsection:

AB43,,5701 1. “School premises” means all of the following:

AB43,,5702 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.

AB43,,5703 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.

AB43,,5704 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.

AB43,,5705 2. “Vape” means to inhale or exhale vapor from a vapor product.

AB43,,5706 3. “Vapor product” has the meaning given in s. 139.75 (14).

AB43,,5707 (b) No individual may vape on school premises.

AB43,2124 Section 2124. 118.134 (6) of the statutes is created to read:

AB43,,5709 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 a 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).

AB43,2125 Section 2125. 118.15 (3) (a) of the statutes is amended to read:

AB43,,5711 118.15 (3) (a) Any child who is excused by the school board because the child is temporarily not in proper physical or mental condition to attend a school program but who can be expected to return to a school program upon termination or abatement of the illness or condition. The school attendance officer may request the parent or guardian of the child to obtain a written statement from a licensed physician, naturopathic doctor, dentist, chiropractor, optometrist, psychologist, physician assistant, or nurse practitioner, as defined in s. 255.06 (1) (d), or certified advanced practice registered nurse prescriber, or registered nurse described under s. 255.06 (1) (f) 1. or Christian Science practitioner living and residing in this state, who is listed in the Christian Science Journal, as sufficient proof of the physical or mental condition of the child. An excuse under this paragraph shall be in writing and shall state the time period for which it is valid, not to exceed 30 days.

AB43,2126 Section 2126. 118.163 (4) of the statutes is amended to read:

AB43,,5713 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.

AB43,2127 Section 2127. 118.19 (1) of the statutes is amended to read:

AB43,,5715 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.

AB43,2128 Section 2128. 118.19 (1b) of the statutes is amended to read:

AB43,,5717 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.

AB43,2129 Section 2129. 118.19 (1c) (b) (intro.) of the statutes is amended to read:

AB43,,5719 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:

AB43,2130 Section 2130. 118.19 (3) (a) of the statutes is amended to read:

AB43,,5721 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.

AB43,2131 Section 2131. 118.19 (3) (b) of the statutes is amended to read:

AB43,,5723 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).

AB43,2132 Section 2132. 118.19 (10) (b) 1. of the statutes is amended to read:

AB43,,5725 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.

AB43,2133 Section 2133. 118.191 (2) (a) of the statutes is amended to read:

AB43,,5727 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.

AB43,2134 Section 2134. 118.191 (2) (b) of the statutes is amended to read:

AB43,,5729 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.

AB43,2135 Section 2135. 118.191 (2m) of the statutes is amended to read:

AB43,,5731 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.

AB43,2136 Section 2136. 118.191 (3) of the statutes is amended to read:

AB43,,5733 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).

AB43,2137 Section 2137. 118.191 (4) of the statutes is amended to read:

AB43,,5735 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.

AB43,2138 Section 2138. 118.192 (4) of the statutes is amended to read:

AB43,,5737 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.

AB43,2139 Section 2139. 118.20 (1) of the statutes is amended to read:

AB43,,5739 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.

AB43,2140 Section 2140. 118.22 (4) of the statutes is created to read:

AB43,,5741 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.

AB43,2141 Section 2141. 118.245 (1) of the statutes is amended to read:

AB43,,5743 118.245 (1) If a school board wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm), in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the school board shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in April for collective bargaining agreements that begin in July of that year. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

AB43,2142 Section 2142. 118.25 (1) (a) of the statutes is amended to read:

AB43,,5745 118.25 (1) (a) “Practitioner” means a person licensed as a physician, naturopathic doctor, or physician assistant in any state or licensed as an advanced practice registered nurse or certified as an advanced practice registered nurse prescriber in any state. In this paragraph, “physician” has the meaning given in s. 448.01 (5).

AB43,2143 Section 2143. 118.29 (1) (e) of the statutes is amended to read:

AB43,,5747 118.29 (1) (e) “Practitioner” means any physician, naturopathic doctor, dentist, optometrist, physician assistant, advanced practice registered nurse prescriber with prescribing authority, or podiatrist licensed in any state.

AB43,2144 Section 2144. 118.2925 (1) (b) of the statutes is repealed.

AB43,2145 Section 2145. 118.2925 (3) of the statutes is amended to read:

AB43,,5750 118.2925 (3) Prescriptions for schools. A physician, an advanced practice registered nurse prescriber who may issue prescription orders under s. 441.09 (2), or a physician assistant may prescribe epinephrine auto-injectors or prefilled syringes in the name of a school that has adopted a plan under sub. (2) (a), to be maintained by the school for use under sub. (4).

AB43,2146 Section 2146. 118.2925 (4) (c) of the statutes is amended to read:

AB43,,5752 118.2925 (4) (c) Administer an epinephrine auto-injector or prefilled syringe to a pupil or other person who the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis in accordance with a standing protocol from a physician, an advanced practice registered nurse prescriber who may issue prescription orders under s. 441.09 (2), or a physician assistant, regardless of whether the pupil or other person has a prescription for an epinephrine auto-injector or prefilled syringe. If the pupil or other person does not have a prescription for an epinephrine auto-injector or prefilled syringe, or the person who administers the epinephrine auto-injector or prefilled syringe does not know whether the pupil or other person has a prescription for an epinephrine auto-injector or prefilled syringe, the person who administers the epinephrine auto-injector or prefilled syringe shall, as soon as practicable, report the administration by dialing the telephone number “911” or, in an area in which the telephone number “911” is not available, the telephone number for an emergency medical service provider.

AB43,2147 Section 2147. 118.2925 (5) of the statutes is amended to read:

AB43,,5754 118.2925 (5) Immunity from civil liability; exemption from practice of medicine. A school and its designated school personnel, and a physician, an advanced practice registered nurse prescriber who may issue prescription orders under s. 441.09 (2), or a physician assistant who provides a prescription or standing protocol for school epinephrine auto-injectors or prefilled syringes, are not liable for any injury that results from the administration or self-administration of an epinephrine auto-injector or prefilled syringe under this section, regardless of whether authorization was given by the pupil’s parent or guardian or by the pupil’s physician, physician assistant, or advanced practice registered nurse prescriber, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct. The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under s. 895.48.

AB43,2148 Section 2148. 118.40 (2r) (b) 2. m. of the statutes is created to read:

AB43,,5756 118.40 (2r) (b) 2. m. If the contract is for the operation of a charter school that includes a grade from 9 to 12, a requirement that the charter school make available to pupils in grades 9 to 12 at least one computer science course that includes concepts in computer programming or coding.

AB43,2149 Section 2149. 118.40 (2r) (e) 2p. (intro.) of the statutes is amended to read:

AB43,,5758 118.40 (2r) (e) 2p. (intro.) In Beginning in the 2015-16 school year and in each ending in the 2022-23 school year thereafter, for a pupil attending a charter school established by or under a contract with an entity under par. (b) 1., from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, if positive. The change in the statewide categorical aid per pupil shall be determined as follows:

AB43,2150 Section 2150. 118.40 (2r) (e) 2p. a. of the statutes is amended to read:

AB43,,5760 118.40 (2r) (e) 2p. a. Add the amounts appropriated in the current fiscal year under s. 20.255 (2), except s. 20.255 (2) (ac), (aw), (az), (bb) (db), (dj), (du), (fm), (fp), (fq), (fr), (fu), (k), and (m); and s. 20.505 (4) (es); and the amount, as determined by the secretary of administration, of the appropriation appropriations under s. 20.505 (4) (c) and (s) allocated for payments to telecommunications providers under contracts with school districts and cooperative educational service agencies under s. 16.971 (13).

****Note: This is reconciled s. 118.40 (2r) (e) 2p. a. This Section has been affected by drafts with the following LRB numbers: 1180/P1, 1213/P2, and 1226/P2.

AB43,2151 Section 2151. 118.40 (2r) (e) 2q. of the statutes is created to read:

AB43,,5762 118.40 (2r) (e) 2q. Beginning in the 2023-24 school year and in each school year thereafter, from the appropriation under s. 20.255 (2) (fm), for a pupil attending a charter school established by or under a contract with an entity under par. (b) 1., the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) between the previous school year and the current school year, if positive.

AB43,2152 Section 2152. 118.40 (2r) (g) 1. b. of the statutes is amended to read:

AB43,,5764 118.40 (2r) (g) 1. b. Multiply the number of pupils under subd. 1. a. by the per pupil amount calculated under par. (e) 2p. 2q. for that school year.

AB43,2153 Section 2153. 118.40 (2x) (b) 2. m. of the statutes is created to read:

AB43,,5766 118.40 (2x) (b) 2. m. If the contract is for the operation of a charter school that includes a grade from 9 to 12, a requirement that the charter school make available to pupils in grades 9 to 12 at least one computer science course that includes concepts in computer programming or coding.

AB43,2154 Section 2154. 118.42 (3) (a) 4. of the statutes is amended to read:

AB43,,5768 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements under subch. IV of ch. 111.

AB43,2155 Section 2155. 118.42 (5) of the statutes is amended to read:

AB43,,5770 118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement under subch. IV of ch. 111.

AB43,2156 Section 2156. 118.50 (2m) (a) 2. of the statutes is amended to read:

AB43,,5772 118.50 (2m) (a) 2. Beginning in the 2017-18 school year and ending in the 2022-23 school year, the sum of the per pupil amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB43,2157 Section 2157. 118.50 (2m) (a) 3. of the statutes is created to read:

AB43,,5774 118.50 (2m) (a) 3. Beginning in the 2023-24 school year, the sum of the per pupil amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) between the previous school year and the current school year, if positive.

AB43,2158 Section 2158. 118.51 (1) (aj) of the statutes is repealed.

AB43,2159 Section 2159. 118.51 (9) of the statutes is amended to read:

AB43,,5777 118.51 (9) Appeal of rejection. If the nonresident school board rejects an application under sub. (3) (a) or (7), the resident school board prohibits a pupil from attending public school in a nonresident school district under sub. (3m) (d) or the nonresident school board prohibits a pupil from attending public school in the nonresident school district under sub. (11), the pupil’s parent may appeal the decision to the department within 30 days after the decision. If the nonresident school board provides notice that the special education or related service is not available under sub. (12) (b), the pupil’s parent may appeal the required transfer to the department within 30 days after receipt of the notice. The department shall affirm the school board’s decision unless the department finds that the decision was arbitrary or unreasonable.

AB43,2160 Section 2160. 118.51 (12) (title) of the statutes is amended to read:

AB43,,5779 118.51 (12) (title) Nonresident school district statement of educational costs; special Special education or related services.

AB43,2161 Section 2161. 118.51 (12) (a) of the statutes is repealed.

AB43,2162 Section 2162. 118.51 (12) (b) of the statutes is renumbered 118.51 (12).

AB43,2163 Section 2163. 118.51 (16) (a) 1. of the statutes is amended to read:

AB43,,5783 118.51 (16) (a) 1. For each school district, the number of nonresident pupils attending public school in the school district under this section, other than pupils for whom a payment is made under sub. (17) (a), or (c), or (cm).