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2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 122
February 22, 2022 - Offered by Representatives Neubauer, Pope, Hebl, Considine,
Vruwink, Anderson, Andraca, Baldeh, Billings, Brostoff, Conley, Drake,
Emerson, Goyke, Hesselbein, Hong, B. Meyers, Ohnstad, Riemer, S.
Rodriguez
, Shankland, Shelton, Sinicki, Snodgrass, Spreitzer, Stubbs,
Subeck, Vining and Haywood.
AB122-ASA2,1,7 1An Act to repeal 115.364 (1) (a), (am), and (b), 115.364 (2) (a) 2. and 3. and
2115.364 (2) (b) 2.; to renumber and amend 115.364 (1) (intro.) and 115.364 (2)
3(b) 1.; to consolidate, renumber and amend 115.364 (2) (a) (intro.) and 1.;
4and to amend 20.255 (2) (da), 115.364 (title) and 115.437 (2) (a) of the statutes;
5relating to: increasing funding for the University of Wisconsin System,
6technical college system, special education aid, and per pupil aid; school mental
7health and pupil wellness aid; and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill 1) increases funding for higher education, special education aid, and
per pupil aid; and 2) changes the types of expenditures that are eligible for
reimbursement under the state categorical aid program related to pupil mental
health and increases funding for that aid program.
Additional funding for education
The bill provides additional funding in the amount of $172,643,000 in fiscal
year 2022-23 for special education aid DPI pays to school districts, independent
charter schools, cooperative educational service agencies, and county children with
disabilities education boards.

The bill also provides additional funding in the amount of $22,900,000 for the
University of Wisconsin System in fiscal year 2022-23 under its general program
operations appropriation and additional funding in the amount of $5,700,000 for
state aid to technical colleges in fiscal year 2022-23, for purposes of maintaining
compliance with maintenance of effort requirements of the federal Consolidated
Appropriations Act and the federal American Rescue Plan Act.
The bill also increases the per pupil amount for per pupil aid paid to school
districts to $870 beginning in the 2022-23 school year. Under current law, the per
pupil amount for per pupil aid is $742. Per pupil aid is funded from a sum sufficient
appropriation. The amount of per pupil aid paid to a school district is calculated
using a three-year average of the number of pupils enrolled in the school district and
a per pupil amount set by law.
School mental health and pupil wellness; categorical aid
The bill changes the types of expenditures that are eligible for reimbursement
under the state categorical aid program related to pupil mental health.
Under current law, DPI must make payments to school districts, independent
charter schools, and private schools participating in parental choice programs (local
education agency) that increased the amount they spent to employ, hire, or retain
social workers. Under current law, DPI first pays each eligible local education
agency 50 percent of the amount by which the eligible local education agency
increased its expenditures for social workers in the preceding school year over the
amount it expended in the school year immediately preceding the preceding school
year. If, after making those payments, there is money remaining in the
appropriation account for that aid program, DPI makes additional payments to
eligible local education agencies. The amount of those additional payments is
determined based on the amount remaining in the appropriation account and the
amount spent by eligible local education agencies to employ, hire, and retain social
workers during the previous school year.
The bill expands eligibility for the payments under the aid program to include
spending on school counselors, school social workers, school psychologists, and
school nurses (pupil services professionals). The bill also eliminates the two tier
reimbursement structure of the aid program and eliminates the requirement that a
local education agency is eligible for the aid only if the local education agency
increased its spending. Under the bill, any local education agency that made
expenditures to employ, hire, or retain pupil services professionals during the
previous school year is eligible for reimbursement under the aid program.
The bill provides additional funding in the amount of $18,000,000 in fiscal year
2022-23 for the categorical aid program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB122-ASA2,1 1Section 1. 20.255 (2) (da) of the statutes is amended to read:
AB122-ASA2,3,3
120.255 (2) (da) Aid for school mental Mental health programs and pupil
2wellness aid
. The amounts in the schedule for aid to school districts and independent
3charter schools
employ, hire, and retain pupil services professionals under s. 115.364.
AB122-ASA2,2 4Section 2 . 115.364 (title) of the statutes is amended to read:
AB122-ASA2,3,6 5115.364 (title) Aid for school mental Mental health programs and pupil
6wellness aid
.
AB122-ASA2,3 7Section 3 . 115.364 (1) (intro.) of the statutes is renumbered 115.364 (1) and
8amended to read:
AB122-ASA2,3,109 115.364 (1) In this section:, “ pupil services professional” means a school
10counselor, school social worker, school psychologist, or school nurse.
AB122-ASA2,4 11Section 4 . 115.364 (1) (a), (am), and (b) of the statutes are repealed.
AB122-ASA2,5 12Section 5 . 115.364 (2) (a) (intro.) and 1. of the statutes are consolidated,
13renumbered 115.364 (2) (a) and amended to read:
AB122-ASA2,3,2414 115.364 (2) (a) Beginning in the 2018-19 2022-23 school year and annually
15thereafter, the state superintendent shall do all of the following: 1. Subject, subject
16to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible
17reimburse a school district board, the operator of a charter school established under
18s. 118.40 (2r) or (2x), or the governing body of a private school participating in a
19program under s. 118.60 or 119.23 for
an amount equal to 50 percent of the amount
20by which the school district increased its
expenditures made by the school board,
21operator, or governing body
in the preceding school year to employ, hire, or retain
22social workers over the amount it expended in the school year immediately preceding
23the preceding school year to employ, hire, or retain social workers
pupil services
24professionals
.
AB122-ASA2,6 25Section 6 . 115.364 (2) (a) 2. and 3. of the statutes are repealed.
AB122-ASA2,7
1Section 7. 115.364 (2) (b) 1. of the statutes is renumbered 115.364 (2) (b) and
2amended to read:
AB122-ASA2,4,83 115.364 (2) (b) If the appropriation under s. 20.255 (2) (da) in any fiscal year
4is insufficient to pay the full amount of aid under par. (a), the state superintendent
5shall prorate state aid payments among the school districts, private schools, and
6independent charter schools
boards, operators of charter schools established under
7s. 118.40 (2r) and (2x), and governing bodies of private schools participating in
8programs under ss. 118.60 and 119.23 that are
eligible for the aid.
AB122-ASA2,8 9Section 8 . 115.364 (2) (b) 2. of the statutes is repealed.
AB122-ASA2,9 10Section 9. 115.437 (2) (a) of the statutes is amended to read:
AB122-ASA2,4,1911 115.437 (2) (a) Except as provided in par. (b), annually on the 4th Monday of
12March, the department shall pay to each school district an amount equal to the
13average of the number of pupils enrolled in the school district in the current and 2
14preceding school years multiplied by $75 in the 2013-14 school year, by $150 in the
152014-15 and 2015-16 school years, by $250 in the 2016-17 school year, by $450 in
16the 2017-18 school year, by $654 in the 2018-19 school year, by $679 and $63 $742
17in the 2019-20, 2020-21, and 2021-22 school years, and by $870
in each school year
18thereafter. The department shall make the payments from the appropriation under
19s. 20.255 (2) (aq).
AB122-ASA2,10 20Section 10 . Fiscal changes.
AB122-ASA2,4,2421 (1) Special education aid. In the schedule under s. 20.005 (3) for the
22appropriation to the department of public instruction under s. 20.255 (2) (b), the
23dollar amount for fiscal year 2022-23 is increased by $172,643,000 to increase
24funding for aids for special education under s. 115.88.
AB122-ASA2,5,4
1(2) Mental health and pupil wellness aid. In the schedule under s. 20.005 (3)
2for the appropriation to the department of public instruction under s. 20.255 (2) (da),
3the dollar amount for fiscal year 2022-23 is increased by $18,000,000 for the purpose
4for which the appropriation is made.
AB122-ASA2,5,85 (3) UW System; general program operations. In the schedule under s. 20.005
6(3) for the appropriation to the Board of Regents of the University of Wisconsin
7System under s. 20.285 (1) (a), the dollar amount for fiscal year 2022-23 is increased
8by $22,900,000 for the purpose for which the appropriation is made.
AB122-ASA2,5,129 (4) State aids for technical colleges. In the schedule under s. 20.005 (3) for
10the appropriation to the technical college system board under s. 20.292 (1) (d), the
11dollar amount for fiscal year 2022-23 is increased by $5,700,000 for the purpose for
12which the appropriation is made.
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