AB43: Bill Text

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).

AB43,2164 Section 2164. 118.51 (16) (a) 2. of the statutes is amended to read:

AB43,,5785 118.51 (16) (a) 2. For each school district, the number of resident pupils attending public school in a nonresident school district under this section, other than pupils for whom a payment is made under sub. (17) (a), or (c), or (cm).

AB43,2165 Section 2165. 118.51 (16) (a) 3. b. of the statutes is amended to read:

AB43,,5787 118.51 (16) (a) 3. b. Beginning with the amount in the 2015-16 school year and ending with the amount in the 2022-23 school year, except as provided in subd. 3. c., in each school year thereafter, the sum of the amount determined under this subdivision 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.

AB43,2166 Section 2166. 118.51 (16) (a) 3. bm. of the statutes is created to read:

AB43,,5789 118.51 (16) (a) 3. bm. Beginning with the amount for the 2023-24 school year and in each school year thereafter, the sum of the amount determined under this subdivision 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.

AB43,2167 Section 2167. 118.51 (16) (c) of the statutes is amended to read:

AB43,,5791 118.51 (16) (c) If a pupil attends public school in a nonresident school district under this section for less than a full school term, the department shall prorate the state aid adjustments under this subsection and sub. (17) (c) and (cm) based on the number of days that school is in session and the pupil attends public school in the nonresident school district.

AB43,2168 Section 2168. 118.51 (16) (d) of the statutes is amended to read:

AB43,,5793 118.51 (16) (d) The department shall ensure that the aid adjustments under par. (b) and sub. (17) (c) and (cm) do not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

AB43,2169 Section 2169. 118.51 (17) (b) 2. c. of the statutes is amended to read:

AB43,,5795 118.51 (17) (b) 2. c. Beginning in the 2018-19 school year, and subject to subd. 3. and ending in the 2022-23 school year, the per pupil transfer amount is the sum of the per pupil transfer amount 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, or the amount under s. 118.51 (17) (b) 3., 2021 stats., if applicable.

AB43,2170 Section 2170. 118.51 (17) (b) 2. cm. of the statutes is created to read:

AB43,,5797 118.51 (17) (b) 2. cm. Beginning in the 2023-24 school year, the per pupil transfer amount is the sum of the per pupil transfer amount 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.

****Note: This is reconciled s. 118.51 (17) (b) 2. cm. This Section has been affected by drafts with the following LRB numbers:-1011/P1 and -1013/P1.

AB43,2171 Section 2171. 118.51 (17) (b) 3. of the statutes is repealed.

AB43,2172 Section 2172. 118.51 (17) (bm) of the statutes is repealed.

AB43,2173 Section 2173. 118.51 (17) (c) of the statutes is amended to read:

AB43,,5801 118.51 (17) (c) 1. If Beginning in the 2022-23 school year, if the number determined in par. (b) 1. a. is greater than the number determined in par. (b) 1. b. for a school district, in the 2016-17, 2017-18, and 2018-19 school years, the department shall increase that school district’s state aid payment under s. 121.08 by an amount equal to the difference multiplied by an the amount under par. (b) 2. a., b., or c. for the applicable school year.

AB43,,5802 2. If Beginning in the 2022-23 school year, if the number determined in par. (b) 1. a. is less than the number determined in par. (b) 1. b. for a school district, in the 2016-17, 2017-18, and 2018-19 school years, the department shall decrease that school district’s state aid payment under s. 121.08 by an amount equal to the difference multiplied by an the amount under par. (b) 2. a., b., or c. for the applicable school year. If the state aid payment under s. 121.08 is insufficient to cover the reduction, the department shall decrease other state aid payments made by the department to the school district by the remaining amount. If the state aid payment under s. 121.08 and other state aid payments made by the department to the school district are insufficient to cover the reduction, the department shall use the moneys appropriated under s. 20.255 (2) (cg) to pay the balance to school districts under subd. 1.

AB43,2174 Section 2174. 118.51 (17) (cm) of the statutes is repealed.

AB43,2175 Section 2175. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB43,,5805 118.60 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (bh), any pupil in grades kindergarten to 12 who resides within in an eligible school district may attend any private school under this section and, subject to pars. (ag), (ar), (be), (bh), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section if all of the following apply:

AB43,2176 Section 2176. 118.60 (2) (a) 2. g. of the statutes is amended to read:

AB43,,5807 118.60 (2) (a) 2. g. If the pupil resides in a school district, other than an eligible school district or a 1st class city school district, the pupil was on a waiting list under sub. (3) (am) 4. or (ar) 4. in any previous school year.

AB43,2177 Section 2177. 118.60 (2) (a) 6. a. of the statutes is amended to read:

AB43,,5809 118.60 (2) (a) 6. a. Except as provided in subd. 6. c. and d., all of the private school’s teachers have a teaching license issued by the department or a bachelor’s degree or a degree or educational credential higher than a bachelor’s degree, including a masters master’s or doctorate, from a nationally or regionally accredited institution of higher education. This subd. 6. a. does not apply after June 30, 2026.

AB43,2178 Section 2178. 118.60 (2) (a) 6m. of the statutes is created to read:

AB43,,5811 118.60 (2) (a) 6m. a. Except as provided in subd. 6m. b., beginning on July 1, 2026, all of the private school’s teachers have a teaching license or permit issued by the department.

AB43,,5812 b. A teacher employed by the private school on July 1, 2026, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2026, and who does not satisfy the requirements under subd. 6m. a. on July 1, 2026, may apply to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6m. a. The department shall promulgate rules to implement this subd. 6m. b., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6m. a. No waiver granted under this subd. 6m. b. is valid after July 1, 2031.

AB43,2179 Section 2179. 118.60 (2) (a) 10. of the statutes is created to read: