Amendment SA1-AB68

AB68-SA1,44,25 115.95 (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-SA1,135 Section 135. 115.95 (3) of the statutes is amended to read:

AB68-SA1,45,6 115.95 (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-SA1,136 Section 136. 115.958 of the statutes is created to read:

AB68-SA1,45,12 115.958 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-SA1,45,16 (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-SA1,45,18 (3) The department may promulgate rules to implement and administer this section.

AB68-SA1,137 Section 137. 115.96 (title) of the statutes is amended to read:

AB68-SA1,45,20 115.96 (title) Establishment Pupil counts; establishment of programs.

AB68-SA1,138 Section 138. 115.96 (1) of the statutes is amended to read:

AB68-SA1,46,4 115.96 (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-SA1,139 Section 139. 115.97 (1) of the statutes is amended to read:

AB68-SA1,46,18 115.97 (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-SA1,140 Section 140. 115.97 (6) of the statutes is created to read:

AB68-SA1,46,23 115.97 (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-SA1,141 Section 141. 115.977 (2) of the statutes is amended to read:

AB68-SA1,47,6 115.977 (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-SA1,142 Section 142. 115.993 (title) of the statutes is amended to read:

AB68-SA1,47,9 115.993 (title) Report Reports on bilingual-bicultural education and pupil counts.

AB68-SA1,143 Section 143. 115.993 of the statutes is renumbered 115.993 (1) and amended to read:

AB68-SA1,47,20 115.993 (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-SA1,144 Section 144. 115.993 (2) of the statutes is created to read:

AB68-SA1,48,2 115.993 (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-SA1,145 Section 145. 115.993 (3) of the statutes is created to read:

AB68-SA1,48,6 115.993 (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-SA1,146 Section 146. 115.995 (intro.) of the statutes is renumbered 115.995 (1m) (intro.) and amended to read:

AB68-SA1,48,14 115.995 (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-SA1,147 Section 147. 115.995 (1) and (2) of the statutes are renumbered 115.995 (1m) (a) 1. and 2. and amended to read:

AB68-SA1,48,22 115.995 (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-SA1,49,6 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-SA1,148 Section 148. 115.995 (1m) (a) (intro.) of the statutes is created to read:

AB68-SA1,49,10 115.995 (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-SA1,149 Section 149. 115.995 (1m) (b) of the statutes is created to read:

AB68-SA1,49,14 115.995 (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-SA1,49,17 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-SA1,49,21 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-SA1,49,22 3. Multiply the difference determined under subd. 2. by $500.

AB68-SA1,49,23 4. Add the product determined under subd. 3. to the amount under subd. 1.

AB68-SA1,150 Section 150. 115.995 (2m) of the statutes is created to read:

AB68-SA1,50,5 115.995 (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-SA1,50,7 (a) Subject to sub. (3), in the 2022-23 school year, the greater of the following amounts:

AB68-SA1,50,8 1. The sum determined under sub. (1m) (b) 4. for the 2022-23 school year.

AB68-SA1,50,10 2. An amount equal to the payment the school board received under sub. (1m) (a) in the 2020-21 school year.

AB68-SA1,50,12 (b) Subject to sub. (3), in the 2023-24 school year, the greater of the following amounts:

AB68-SA1,50,13 1. The sum determined under sub. (1m) (b) 4. for the 2023-24 school year.

AB68-SA1,50,14 2. An amount calculated as follows:

AB68-SA1,50,16 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-SA1,50,17 b. Multiply the difference determined under subd. 2. a. by 0.5.

AB68-SA1,50,19 c. Add the product determined under subd. 2. b. to the amount determined under subd. 1.

AB68-SA1,151 Section 151. 115.995 (3) of the statutes is created to read:

AB68-SA1,50,24 115.995 (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-SA1,152 Section 152. 115.996 of the statutes is renumbered 115.996 (intro.) and amended to read:

AB68-SA1,51,7 115.996 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-SA1,51,11 (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-SA1,51,15 (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-SA1,153 Section 153. 115.996 (3) of the statutes is created to read:

AB68-SA1,51,19 115.996 (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-SA1,154 Section 154. Subchapter IX (title) of chapter 115 [precedes 115.999] of the statutes is repealed.

AB68-SA1,155 Section 155. 115.999 of the statutes is repealed.

AB68-SA1,156 Section 156. 117.05 (1m) of the statutes is amended to read:

AB68-SA1,52,2 117.05 (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-SA1,157 Section 157. 117.05 (2) (a) of the statutes is amended to read:

AB68-SA1,52,11 117.05 (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-SA1,158 Section 158. 117.05 (4) (a) (intro.) of the statutes is amended to read:

AB68-SA1,52,17 117.05 (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-SA1,159 Section 159. 117.05 (4) (d) 1. of the statutes is amended to read:

AB68-SA1,52,24 117.05 (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-SA1,160 Section 160. 117.05 (9) (a) 1m. of the statutes is repealed.

AB68-SA1,161 Section 161. 117.105 (4m) of the statutes is repealed.

AB68-SA1,162 Section 162. 117.20 (1) (a) of the statutes is amended to read:

AB68-SA1,53,11 117.20 (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-SA1,163 Section 163. 117.22 (2) (bm) of the statutes is amended to read:

AB68-SA1,53,15 117.22 (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-SA1,164 Section 164. 118.07 (6) of the statutes is created to read:

AB68-SA1,53,17 118.07 (6) (a) In this subsection:

AB68-SA1,53,18 1. “School premises” means all of the following:

AB68-SA1,53,21 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-SA1,53,25 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-SA1,54,4 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-SA1,54,5 2. “Vape” means to inhale or exhale vapor from a vapor product.

AB68-SA1,54,6 3. “Vapor product” has the meaning given in s. 139.75 (14).

AB68-SA1,54,7 (b) No individual may vape on school premises.

AB68-SA1,165 Section 165. 118.125 (4) of the statutes is amended to read:

AB68-SA1,55,2 118.125 (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-SA1,166 Section 166. 118.16 (4) (e) of the statutes is amended to read:

AB68-SA1,55,7 118.16 (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-SA1,167 Section 167. 118.19 (1) of the statutes is amended to read:

AB68-SA1,55,14 118.19 (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-SA1,168 Section 168. 118.19 (1b) of the statutes is amended to read: