2013 WISCONSIN ACT
257
An Act
to repeal
115.01 (10) (b) and 121.02 (1) (f) 1.;
to renumber
115.01 (10) (a);
to renumber and amend
121.004 (8), 121.02 (1) (f) 2. and 121.14 (1);
to amend
118.04 (4), 118.38 (2) (bm), 118.40 (8) (d) 2., 120.12 (15), 120.12 (27), 121.004 (5), 121.004 (7) (c) 1. a. and b., 121.004 (7) (cm), 121.006 (2) (a), 121.14 (title), 121.14 (2) (a), 121.23 (2) (intro.), 121.58 (4), 121.83 (2) (b) and 121.90 (3); and
to create
115.001 (3m), 121.004 (8) (b), 121.14 (1) (a) 2. and 121.14 (1) (a) 3. of the statutes;
relating to:
number of school days and hours of instruction held in a school year and state aid for summer classes.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
115.001 (3m) of the statutes is created to read:
115.001
(3m)
Interim session.
"Interim session" means a period of time in a school year when school is held by a school in a school district to provide hours of direct pupil instruction in addition to the hours of direct pupil instruction provided by the school district as required under s. 121.02 (1) (f).
Section
2
.
115.01 (10) (a) of the statutes is renumbered 115.01 (10).
Section
3
.
115.01 (10) (b) of the statutes is repealed.
Section
4
.
118.04 (4) of the statutes is amended to read:
118.04
(4)
Shall not charge tuition for attendance at summer classes
or interim session classes
of pupils who are residents of the school district if the school board receives aid for such classes under s. 121.14
(1) (a)
. The school board may establish and collect reasonable fees for social, recreational
,
or extracurricular summer classes
or interim session classes
and programs which are neither credited toward graduation nor aided under s. 121.14.
Section
5
.
118.38 (2) (bm) of the statutes is amended to read:
118.38
(2)
(bm) The department shall promulgate rules establishing criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f)
2.
if school is closed for a reason specified in s. 115.01 (10)
(a) 2. or 3.
(b) or (c).
Section
6
.
118.40 (8) (d) 2. of the statutes is amended to read:
118.40
(8)
(d) 2. Ensure that its teachers are available to provide direct pupil instruction for at least the applicable number of hours specified in s. 121.02 (1) (f)
2.
each school year. No more than 10 hours in any 24-hour period may count toward the requirement under this subdivision.
Section
7
.
120.12 (15) of the statutes is amended to read:
120.12
(15)
School hours.
Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day.
The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term.
Section
8
.
120.12 (27) of the statutes is amended to read:
120.12
(27)
School closings and reopenings.
(a) Within 24 hours of a school being closed for a reason specified in s. 115.01 (10)
(a) 2. or 3.
(b) or (c)
or by the department of health services under s. 252.02 (3), notify the department. The notice shall include the reason for the closure.
(b) Within 24 hours of reopening a school that was closed for a reason specified in s. 115.01 (10)
(a) 2. or 3.
(b) or (c)
or by the department of health services under s. 252.02 (3), notify the department that the school has reopened. In the notice, the school board shall include the number of days the school was closed.
Section
9
.
121.004 (5) of the statutes is amended to read:
121.004
(5)
Membership.
"Membership" for any school district is the sum of pupils enrolled as reported under s. 121.05 (1) or (2), as appropriate, and the summer average daily membership equivalent for
those academic summer classes, interim session
classes
, and laboratory periods
approved
for necessary academic purposes
under s. 121.14
(1) (a) 1. and 2. and those online classes described in s. 121.14 (1) (a) 3
.
Section
10
.
121.004 (7) (c) 1. a. and b. of the statutes are amended to read:
121.004
(7)
(c) 1. a. A pupil enrolled in a 5-year-old kindergarten program
requiring
that requires
full-day attendance
by the pupil
for 5 days a week
, but not on any day of the week that pupils enrolled in other grades in the school do not attend school,
for an entire school
year
term
shall be counted as one pupil.
b. A pupil enrolled in a 5-year-old kindergarten program
requiring
that requires
full-day attendance
by the pupil
for less than 5 days a week for an entire school
year
term
shall be counted as the result obtained by multiplying the number of hours in each day in which the pupil is enrolled by the total number of days for which the pupil is enrolled, and dividing the result by the
product of the
total
number of hours of attendance
per day
required of first grade pupils in the school district
multiplied by 180
.
Section
11
.
121.004 (7) (cm) of the statutes is amended to read:
121.004
(7)
(cm) A pupil enrolled in a 4-year-old kindergarten program, including a 4-year-old kindergarten program being phased in under s. 118.14 (3) (b), that provides the required number of hours of direct pupil instruction under s. 121.02 (1) (f)
2.
shall be counted as 0.6 pupil if the program annually provides at least 87.5 additional hours of outreach activities.
Section
12
.
121.004 (8) of the statutes is renumbered 121.004 (8) (intro.) and amended to read:
121.004
(8)
Summer average daily membership equivalent.
(intro.) "Summer average daily membership equivalent" is
the
a number determined by dividing the sum of the following by 48,600:
(a) The
total number of minutes in which pupils are enrolled in academic summer classes
, interim session classes,
or laboratory periods, as defined by the state superintendent under s. 121.14
, divided by 48,600
.
Section
13
.
121.004 (8) (b) of the statutes is created to read:
121.004
(8)
(b) The sum of the number of minutes of online class instruction completed per pupil for each high school pupil and each pupil in the 7th or 8th grade who completes an online summer class or an online interim session class offered by a school district if all of the following are satisfied:
1. The online class is offered by a school district.
2. The pupil receiving instruction in the online class resides in the school district under subd. 1. or is attending that school district under s. 118.51.
3. a. If the pupil receiving instruction in the online class is enrolled in a high school grade, the pupil receives credit for completion of the class.
b. If the pupil receiving instruction in the online class is enrolled in the 7th or 8th grade, the pupil successfully completed the class.
4. The school board of the school district under subd. 1. determines that the online class fulfills a requirement for high school graduation specified under s. 118.33 (1) (a) 1. or established by the school board under the authority of the department.
Section
14
.
121.006 (2) (a) of the statutes is amended to read:
121.006
(2)
(a) Hold school for
at least 180 days each year, less any days during which the state superintendent determines that school is not held or educational standards are not maintained as the result of a strike by school district employees, the days to be computed in accordance with s. 115.01 (10)
the minimum number of hours of direct pupil instruction required for the grade in which a pupil is enrolled as specified in s. 121.02 (1) (f)
.
Section
15
.
121.02 (1) (f) 1. of the statutes is repealed.
Section
16
.
121.02 (1) (f) 2. of the statutes is renumbered 121.02 (1) (f) and amended to read:
121.02
(1)
(f) Annually, schedule at least 437 hours of direct pupil instruction in kindergarten, at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12. Scheduled hours under this
subdivision
paragraph
include recess and time for pupils to transfer between classes but do not include the lunch period.
Scheduled hours under this paragraph do not include hours of direct pupil instruction offered during an interim session. Scheduled hours under this paragraph may include hours on Saturdays.
A school board operating a 4-year-old kindergarten program may use up to 87.5 of the scheduled hours for outreach activities.
Section
17
.
121.14 (title) of the statutes is amended to read:
121.14
(title)
State aid for summer classes
and interim session classes
.
Section
18
.
121.14 (1) of the statutes is renumbered 121.14 (1) (a) (intro.) and amended to read:
121.14
(1)
(a) (intro.) State aid shall be paid to each district or county children with disabilities education board
only
for
all of the following:
1. Subject to par. (b),
those academic summer classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
(b)
Recreational programs and team sports shall not be eligible for aid under this section, and pupils participating in such programs shall not be counted as pupils enrolled under s. 121.004 (5) nor shall costs associated with such programs be included in shared costs under s. 121.07 (6).
Section
19
.
121.14 (1) (a) 2. of the statutes is created to read:
121.14
(1)
(a) 2. Subject to par. (b), for a school district or county children with disabilities education board that provides year-round school, those interim session classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
Section
20
.
121.14 (1) (a) 3. of the statutes is created to read:
121.14
(1)
(a) 3. Those online classes offered as summer classes or interim session classes to high school pupils and pupils in grade 7 or 8 who reside in the school district, or who are attending the online class in the school district under s. 118.51, provided a pupil enrolled in a high school grade receives a credit for the class, a pupil enrolled in the 7th or 8th grade successfully completes the class, and the school board of the school district determines the online class fulfills a requirement for high school graduation specified under s. 118.33 (1) (a) 1. or established by the school board under the authority of the department.
Section
21
.
121.14 (2) (a) of the statutes is amended to read:
121.14
(2)
(a) State aid for summer classes
, laboratory periods, or interim session classes under sub. (1)
shall be incorporated into the state aid paid for regular classes under this subchapter.
Section
22
.
121.23 (2) (intro.) of the statutes is amended to read:
121.23
(2)
(intro.) If a school district
holds less than 180 days of school
fails to provide the number of hours of direct pupil instruction specified under s. 121.02 (1) (f)
as the result of a strike by school district employees, for the purposes of computing general aid, the state superintendent shall compute the school district's primary and secondary ceiling costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the state superintendent shall:
Section
23
.
121.58 (4) of the statutes is amended to read:
121.58
(4)
State aid for summer class transportation.
Annually on or before October 1 of the year in which transportation is provided under s. 121.54 (4), or under s. 121.54 (10) if the transportation is provided by the nonresident school district that a pupil attends under s. 118.51 or 121.84 (4), the school district clerk shall file with the department a report, containing such information as the department requires, on transportation provided by the school board to and from summer classes. Upon receipt of such report and if the summer classes meet the requirements of s. 121.14 (1)
(a) 1. or 2.
, state aid shall be paid for such transportation. A school district which provides such transportation shall be paid state aid for such transportation at the rate of $4 per pupil transported to and from public school whose residence is at least 2 miles and not more than 5 miles by the nearest traveled route from the public school attended, and $6 per pupil transported to and from public school whose residence is more than 5 miles by the nearest traveled route from the public school attended, if the pupil is transported 30 days or more. The state aid shall be reduced proportionately if the pupil is transported less than 30 days.
Section
24
.
121.83 (2) (b) of the statutes is amended to read:
121.83
(2)
(b) The tuition for summer school shall be the daily tuition rate for the previous school year multiplied by
180
the number of school days held in the previous school year
times the summer average daily membership equivalent of the pupil.
Section
25
.
121.90 (3) of the statutes is amended to read:
121.90
(3)
"Summer enrollment" means the summer average daily membership equivalent for
those academic summer classes, interim session
classes
, and laboratory periods
approved
for necessary academic purposes
under s. 121.14
(1) (a) 1. and 2. and those online classes described in s. 121.14 (1) (a) 3
.
Section
26
.
Initial applicability.
(1) The treatment of section 118.04 (4) of the statutes first applies to tuition charged for interim session classes or online classes in the 2014-15 school year.
(2) The treatment of section 121.004 (5) of the statutes, the renumbering and amendment of sections 121.004 (8) and 121.14 (1) of the statutes, and the creation of sections 115.001 (3m), 121.004 (8) (b), and 121.14 (1) (a) 2. and 3. of the statutes first apply to state aid paid for interim session classes and summer online classes in the 2014-15 school year.
(3) The treatment of section 121.90 (3) of the statutes first applies to the determination of a school district's revenue limit in the 2014-15 school year.
