SB731: Bill Text

2021 Senate BILL 731

November 30, 2021 - Introduced by Senators Agard, Erpenbach, Johnson, Larson, Roys and Smith, cosponsored by Representatives Vining, Brostoff, Considine, Moore Omokunde, Anderson, Andraca, Baldeh, Billings, Bowen, Cabrera, Conley, Doyle, Emerson, Hebl, Hesselbein, Hong, B. Meyers, Milroy, Neubauer, Ohnstad, Shankland, Shelton, Sinicki, Snodgrass, Spreitzer, Stubbs, Subeck and Vruwink. Referred to Committee on Universities and Technical Colleges.

SB731,1,6 An Act to repeal 115.364 (1) (a), (am) and (b), 115.364 (2) (a) 2. and 3. and 115.364 (2) (b) 2.; to renumber and amend 115.364 (1) (intro.) and 115.364 (2) (b) 1.; to consolidate, renumber and amend 115.364 (2) (a) (intro.) and 1.; and to amend 20.255 (2) (da), 115.364 (title) and 118.40 (2r) (e) 2p. a. of the statutes; relating to: school mental health and pupil wellness aid, funding for the University of Wisconsin System, and making an appropriation.

Analysis by the Legislative Reference Bureau

This 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, the Department of Public Instruction 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 also provides additional funding for the University of Wisconsin System under its general program operations appropriation, for purposes of maintaining compliance with maintenance of effort requirements of the federal Consolidated Appropriations Act and the federal American Rescue Plan Act.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB731,1 Section 1. 20.255 (2) (da) of the statutes is amended to read:

SB731,2,4 20.255 (2) (da) Aid for school mental Mental health programs and pupil wellness aid. The amounts in the schedule for aid to school districts and independent charter schools employ, hire, and retain pupil services professionals under s. 115.364.

SB731,2 Section 2. 115.364 (title) of the statutes is amended to read:

SB731,2,7 115.364 (title) Aid for school mental Mental health programs and pupil wellness aid.

SB731,3 Section 3. 115.364 (1) (intro.) of the statutes is renumbered 115.364 (1) and amended to read:

SB731,2,11 115.364 (1) In this section:, “ pupil services professional” means a school counselor, school social worker, school psychologist, or school nurse.

SB731,4 Section 4. 115.364 (1) (a), (am) and (b) of the statutes are repealed.

SB731,5 Section 5. 115.364 (2) (a) (intro.) and 1. of the statutes are consolidated, renumbered 115.364 (2) (a) and amended to read:

SB731,3,13 115.364 (2) (a) Beginning in the 2018-19 2022-23 school year and annually thereafter, the state superintendent shall do all of the following: 1. Subject, subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible reimburse a school district board, the operator of a charter school established under s. 118.40 (2r) or (2x), or the governing body of a private school participating in a program under s. 118.60 or 119.23 for an amount equal to 50 percent of the amount by which the school district increased its expenditures made by the school board, operator, or governing body in the preceding school year to employ, hire, or retain social workers over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services professionals.

SB731,6 Section 6. 115.364 (2) (a) 2. and 3. of the statutes are repealed.

SB731,7 Section 7. 115.364 (2) (b) 1. of the statutes is renumbered 115.364 (2) (b) and amended to read:

SB731,3,22 115.364 (2) (b) If the appropriation under s. 20.255 (2) (da) in any fiscal year is insufficient to pay the full amount of aid under par. (a), the state superintendent shall prorate state aid payments among the school districts, private schools, and independent charter schools boards, operators of charter schools established under s. 118.40 (2r) and (2x), and governing bodies of private schools participating in programs under ss. 118.60 and 119.23 that are eligible for the aid.

SB731,8 Section 8. 115.364 (2) (b) 2. of the statutes is repealed.

SB731,9 Section 9. 118.40 (2r) (e) 2p. a. of the statutes is amended to read:

SB731,4,6 118.40 (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), (da), (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 under s. 20.505 (4) (s) allocated for payments to telecommunications providers under contracts with school districts and cooperative educational service agencies under s. 16.971 (13).

SB731,10 Section 10. Fiscal changes.

SB731,4,14 (1) Mental health and pupil wellness aid. In the schedule under s. 20.005 (3) for the appropriation to the department of public instruction under s. 20.255 (2) (da), the dollar amount for fiscal year 2021-22 is increased by $16,500,000 for the purposes for which the appropriation is made. In the schedule under s. 20.005 (3) for the appropriation to the department of public instruction under s. 20.255 (2) (da), the dollar amount for fiscal year 2022-23 is increased by $18,000,000 for the purposes for which the appropriation is made.

SB731,4,21 (2) UW System; general program operations. In the schedule under s. 20.005 (3) for the appropriation to the Board of Regents of the University of Wisconsin System under s. 20.285 (1) (a), the dollar amount for fiscal year 2021-22 is increased by $1,600,000 for the purpose for which the appropriation is made. In the schedule under s. 20.005 (3) for the appropriation to the Board of Regents of the University of Wisconsin System under s. 20.285 (1) (a), the dollar amount for fiscal year 2022-23 is increased by $1,745,000 for the purpose for which the appropriation is made.

SB731,4,22 (End)