Enacted Bills Relating to Education Summary

2003 Legislative Session

Prepared by Policy and Budget Team
Department of Public Instruction
September, 2004

To view any of the following acts in its entirety, you can go to the listing on the Legislative web page by clicking here: http://www.legis.state.wi.us/2003/data/acts

BUDGET LEGISLATION

January 2003 Special Session SB 1 - Budget Repair Legislation (Act 1)

The act relates to state finances and appropriations, constituting a budget deficit reduction act to begin the 2003 legislative session.

SB 44 — Governor’s Budget Bill (Act 33)

The act relates to state finances and appropriations, constituting the executive budget act of the 2003 legislature. A summary of 2003-05 biennial budget initiatives in Act 33 that relate to elementary and secondary education was prepared by the DPI Policy and Budget Team and can be accessed at http://dpi.wi.gov/pb/03act33.html

OTHER LEGISLATION

AB 37 - Certain School Buses Towing Trailers (Act 26)

The act allows a person to enter the state and operate a school bus with a trailer or semitrailer attached if the school bus is registered in another state and that state's law permits the operation of the school bus with a trailer or semitrailer attached.

AB 62 - Habitual Truancy/Juvenile Records (Act 82)

The act requires that, if school attendance is a condition of a dispositional order of the juvenile court or of a municipal court for a person who is truant or habitually truant, the order must specify what constitutes a violation of the condition and must direct the school board of the school district, or the governing body of the private school, in which the person is enrolled to notify the juvenile court or municipal court, or, if the person is under the supervision of an agency, to notify the agency, of any violation of that condition.

The act requires a municipal court to open its records of a juvenile for inspection by the parent, guardian, or legal custodian of the juvenile or the juvenile, if 14 years of age or over; upon request of the parent, guardian, legal custodian, or juvenile; by any third person, upon the written permission of the parent, guardian, or legal custodian of the juvenile or the juvenile, if 14 years of age or over; by any juvenile court, municipal court, district attorney, corporation counsel, city, village or town attorney, or attorney or guardian ad litem for a party for purposes of proceedings in that juvenile court or municipal court; or by a family court or an attorney or guardian ad litem for a party in an action affecting the family for purposes of considering the custody of the juvenile. Previously, although the juvenile court was required to open its records under the above circumstances, the municipal court was not. The act also requires a juvenile court to open its records of a juvenile for inspection by a municipal court, city, village, or town attorney, or attorney or guardian ad litem for a party for purposes of proceedings in that municipal court.

AB 74 - Tuition Vouchers for Students Who Sound Taps at Funerals (Act 42)

The act provides that a student in grades 6-12 or at a UW System school, in-state technical college, or in-state, private, accredited, nonprofit college or university is eligible for a $25 tuition voucher if he or she sounds "Taps" on a bugle, trumpet, or cornet at a military honors funeral held in this state for a deceased veteran. The act requires the Board of Regents of the UW System or the Technical College Board to grant a student a $25 remission of tuition or academic fees for each valid voucher that is issued to the student.

AB 79 - Bonds Issued to Educational Facilities (Act 109)

The act authorizes the Wisconsin Health and Educational Facilities Authority (WHEFA) to issue bonds to finance a project undertaken for a facility used for education by a private, tax-exempt institution, thus expanding WHEFA's bonding authority by eliminating a limitation to post-secondary educational institutions. Under the new act private, nonprofit elementary or secondary educational institutions are eligible for WHEFA financing if accredited to the satisfaction of WHEFA and if all minority business participation requirements that apply to a WHEFA project under state statute or administrative rule are met.

AB 169 - Disclosure of Public Library Records (Act 207)

The act requires a library that is supported by public funds, upon the request of a parent or guardian of a child under the age of 16, to disclose to the custodial parent or guardian all library records relating to the use of the library's documents or other materials, resources, or services by the child.

AB 183 - Youth Options Program (Act 131)

18-Credit Payment Limit Permitted: The act provides that a school board may establish a written policy limiting the number of credits for which the school board will pay under the youth options program to the equivalent of 18 postsecondary semester credits per pupil. As under prior law, with respect to institutions of higher education (IHEs), the school district is only required to pay for non-comparable courses taken for high school credit. However, with respect to technical colleges, the act repeals the provision which required payment for one-half of comparable courses (up to six credits) for a pupil who is attending technical college for 10 or more credits in that semester. Thus, under the act, a school district could establish a policy limiting its payment to the equivalent of 18 postsecondary semester credits for non-comparable courses taken for high school credit, regardless of whether the pupil attended an IHE or technical college. The act repeals the prohibition against taking more than 15 credit hours per semester at an IHE and the prohibition against participating in the youth options program for more than two semesters once the pupil gains 12th grade status. As under prior law, an eligible pupil may apply to attend courses under the youth options program that are not paid for by the school district.

Failing or Uncompleted Course: The act provides that if a pupil receives a failing grade or fails to complete a course for which the school board has made payment under the youth options program, the pupil's parent or guardian (or the pupil if he or she is an adult) must reimburse the school board upon the school board's request. If a school board has requested reimbursement and has not been reimbursed, the act provides that the pupil is ineligible to participate in the youth options program.

Technical College Admission: Under prior law, if an eligible pupil applied to attend a technical college under the youth options program, the technical college was required to admit the pupil if the pupil met the requirements and prerequisites of the course for which the pupil applied, unless the technical college district board rejected the applicant because of a record of disciplinary problems. DPI had interpreted prior law as requiring that a technical college admit a pupil under the youth options program even if space was not available. The act requires a technical college to admit an eligible pupil under the youth options program (unless the pupil is rejected because of disciplinary problems) if there is space available in the course after admission of individuals who are not attending the technical college under the youth options program. Thus, pupils under the youth options program would not take priority for admission over others applying to attend a technical college. The act does not change prior law with respect to admission to IHEs; thus, an IHE may admit a pupil under the youth options program only if it has space available.

AB 196 - Access to Public Records (Act 47)

The act provides that if an authority decides to permit access to certain records, the right to notice of release of the record and the right to judicial review only applies with respect to the following: (1) a record containing information relating to an employee that is created or kept by an authority as a result of an investigation into a disciplinary matter involving the employee or a possible employment-related violation by the employee of a statute, ordinance, rule, regulation, or policy of the employee's employer, when the investigation is concluded; (2) a record obtained through a subpoena or search warrant; (3) a record prepared by an employer, other than an authority, if that record contains information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information; and (4) a record in the custody of the Public Service Commission (PSC) that would aid a competitor of a public utility in competition with the public utility that supplied the information held by the PSC.

The act provides a system of expedited judicial review when a record subject attempts to prevent the release of a public record.

Although, under the act, a person holding a local public office or a state public office does not have the right to judicial review of the decision to release a record, an authority is required to notify such a person of the release of a record containing information relating to the employment of that person. The official may augment the record to be released with written comments and documentation selected by the official. In general, the authority then must release the augmented record.

The act generally, with certain exceptions, closes public access to all of the following: (1) information concerning an employee's home address, home e-mail address, home telephone number, or Social Security number; (2) information relating to the current investigation of a possible criminal offense or possible misconduct connected with employment by an employee prior to the disposition of the investigation; (3) information pertaining to an employee's employment examination; (4) information relating to staff management planning, including performance evaluations; and (5) a record prepared or provided by an employer, performing under contract requiring the payment of prevailing wages, that contains personally identifiable information relating to an employee of that employer.

AB 202 - School Board Contracts for Yearbook Photographs (Act 132)

The act provides that if a school board contracts with a person to provide photographs of 12th grade pupils for a school yearbook, the contract may not prohibit a pupil from supplying his or her own photograph for the yearbook, subject to the school board's reasonable specifications.

AB 402 - Delinquent Proceedings Involving American Indian Juveniles (Act 284)

The act relates to proceedings involving an American Indian juvenile who allegedly commits a delinquent act while under a tribal court order and while outside the boundaries of an American Indian reservation. The act provides that state officials must consult with tribal officials to determine whether the best interests of the juvenile and the public would be served by having the matter proceed in tribal court or in state court. Further, the act specifies policies and procedures to be followed in handling the matter.

AB 403 - Regulating Athlete Agents (Act 150)

The act regulates athlete agents who represent student athletes by enacting the Uniform Athlete Agents Act which was approved by the National Conference of Commissioners of Uniform State Laws in 2000. Under the act, an athlete agent is required to be registered with the Department of Regulation and Licensing (DRL). The act imposes certain requirements on agency contracts between athlete agents and student athletes, prohibits an athlete agent from engaging in certain conduct with the intent to induce a student athlete to enter into an agency contract, and imposes penalties on an athlete agent who violates the prohibitions of the act.

AB 619 - Dissolution of Racine County Children with Disabilities Education Board (Act 180)

The act provides that, if the special education program operated by the Racine County Children with Disabilities Education Board (RCCDEB) is dissolved, all assets and liabilities will be distributed as provided under current law, except that Racine County will continue to be responsible for paying the costs associated with the postretirement benefits of, and the unfunded prior service liability incurred under the Wisconsin Retirement System for, former employees of the RCCDEB. The tax for these costs will continue to be levied against the area of Racine County that participated in the program before its dissolution.

AB 709 - Confidentiality of Pupil Records (Act 292)

The act establishes an alternative procedure for school officials in accessing law enforcement records of juveniles with regard to the use, possession, or distribution of alcohol or drugs by the juvenile; the illegal possession of a dangerous weapon by the juvenile; whether the juvenile was taken into custody upon the belief that the juvenile was committing or committed a violation of state or federal criminal law; or acts for which a juvenile was adjudged delinquent. Under the act, when school officials are denied access to such records, they may file a petition with the court, and the court must, without notice or hearing, inspect the record and make a determination on whether the record should be released. In making the determination, the court must balance the private interests (the need for the information) and society's interest (the information's confidentiality) as under prior law. In addition, under the act, when school officials are seeking the above-described information about a juvenile, the court must balance the petitioner's legitimate educational interests, including safety interests, in the information against society's interest in protecting its confidentiality. If the court determines that disclosure is warranted, the act requires the court to order disclosure. The act then requires the petitioner to provide a copy of the disclosure order to the law enforcement agency that denied access to the record, the juvenile, the juvenile's counsel, and the juvenile's parents. Any of those persons may obtain a hearing on the court's determination by filing a motion to set aside the disclosure within 10 days after receipt of the order. If no motion is filed within those 10 days or if, after hearing, the court determines that no good cause has been shown for setting aside the order, the law enforcement agency must disclose the juvenile's records as ordered.

AB 747 - Eligibility to Attend Woodlands Charter School (Act 156)

The act allows otherwise ineligible pupils to attend the Woodlands School, a charter school operated by the City of Milwaukee. Prior law allowed only pupils who reside in the school district in which a charter school established under 118.40 (2r), Wis. Stats., is located to attend that charter school. The act provides that pupils who attended Woodlands School in the previous school year, as well as other members of the pupil's family who reside in the same household, are eligible to attend the school, regardless of school district of residence.

AB 755 - Incorporating Uniform Electronic Transactions Act into State Law (Act 294)

The act incorporates into state statutes the provisions of the Uniform Electronic Transactions Act developed by the National Conference of Commissioners on Uniform State Laws relating to electronic transactions and records.

AB 847 - Milwaukee Parental Choice Program Financial Accountability (Act 155)

The act requires each private school participating in the Milwaukee Parental Choice Program (MPCP) to annually, by September 1 following the previous school year, submit to DPI: (1) an independent financial audit; and (2) evidence of sound financial practices. In addition, each school is required, by August 1 before each school term, to submit to DPI: (1) a current certificate of occupancy issued by the City of Milwaukee (as well as a new certificate of occupancy if the school moves to a new location); (2) evidence of financial viability; and (3) proof that the private school's administrator has participated in a fiscal management training program.

The act also gives the State Superintendent the authority to issue an order barring a private school from participating in MPCP in the current school year if he or she determines the above requirements have not been met, if a school failed to refund to the state any overpayment under MPCP, or if a school failed to meet at least one of the standards established for the private schools participating in the program. In addition, the State Superintendent may issue an order immediately terminating a private school's participation in MPCP if he or she determines that conditions at the private school present an imminent threat to the health or safety of pupils.

SB 25 - Open Enrollment in Public Schools (Act 55)

The act makes changes to the open enrollment program for public schools. It permits a nonresident school district to create a waiting list of pupils whose open enrollment applications were initially rejected under the statutes and requires DPI to promulgate rules to implement and administer the waiting list option. The act requires a random selection of students from the list, consistent with the selection process from the original application pool.

SB 60 - School Property Leases (Act 254)

The act eliminates the 15-year limit on leases for school sites, buildings, and equipment not needed for school purposes.

SB 77 - Funding for Milwaukee Public Schools under the Wisconsin Retirement System (Act 43)

The act contains provisions designed to facilitate the payment by Milwaukee Public Schools (MPS) of its unfunded prior service liability to the Wisconsin Retirement System (WRS). It is expected that MPS will save money by borrowing the funds to pay off its unfunded prior service liability early.

SB 105 - License Suspension for Firearm Offenses and Bomb Scares (Act 200)

The act provides that the court may suspend a person's driver's license for two years if the person is convicted or adjudicated delinquent for making a bomb scare involving the threatened destruction of state property or of school premises or if the person knowingly possesses or discharges a firearm in a school zone.

SB 113 - Administrative Rules Impacting Energy Policies (Act 277)

The act relates to the Public Service Commission preparing impact reports of legislative proposals and proposed state agency rules that impact the cost or reliability of energy. A report is required if a request is made by the legislative committee to which the proposal is referred or, if not referred to a committee, by the speaker of the assembly if introduced in the assembly or the presiding officer of the senate if introduced in the senate.

SB 230 - Authorizing HIV Tests (Act 271)

The act makes additions to the list of "affected persons" who are authorized to subject the blood of an individual to whom they were exposed to a HIV test. Additions to the list are employees of a school district, CESA, charter school, private school, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Wisconsin Center for the Blind and Visually Impaired, or social workers who, while performing employment duties involving an individual, are significantly exposed to the individual.

SB 247 - Providing Orientation Information Electronically for UW System Students (Act 149)

Prior law required the Board of Regents of the UW System to ensure that each system institution incorporates into its orientation program for new students oral and written information on sexual assault and sexual harassment and to supply annually all students enrolled in the system with printed material that includes this information. The act allows the system to supply the required written or printed information in electronic format.

SB 272 - Local Government Telecommunications Utilities (Act 278)

The act places restrictions on municipalities for getting into the telecom business, such as prohibiting the Public Service Commission (PSC) from waiving regulations for municipal utilities that desire to provide phone service; prohibiting the exemption from PSC regulations for phone companies with fewer than 150,000 customers from being applied to municipalities; and requiring municipalities to conduct a feasibility study of the service they propose, to hold a public hearing on their proposal, and to win majority approval of providing either municipal telecom service or Internet service in a referendum. The act creates an exception to the procedural requirements for the startup of a new municipal service and the provisions related to subsidization of cable systems and telecommunications services if certain conditions apply. The act applies only to high-speed Internet access service.

SB 344 - Payment of Fixed Annuity Increases Under the Wisconsin Retirement System (Act 153)

Prior law allowed a surplus in the fixed annuity reserve account of the Wisconsin Retirement System (WRS) to be distributed to annuitants only if the distribution would result in at least a 2 percent increase in annuities. The act reduces the percentage point threshold to 0.5 percent. In addition, the act provides that, in any year in which a deficit in the fixed annuity reserve occurs and such a deficit would result in a 0.5 percent or greater decrease in the amount of annuities, the fixed annuity increases previously granted in prior years may be reduced. However, for both fixed annuity increases and decreases, the act authorizes the Department of Employee Trust Funds to change the percentage thresholds by rule. The act also eliminates the requirement that the Teachers Retirement Board approve any rules relating to teachers and that the Wisconsin Retirement Board approve any rules relating to other WRS participants with regard to annuity increases and decreases.

SB 350 - School Bus Endorsements (Act 280)

The act expands the list of crimes and offenses which would disqualify an individual from obtaining or renewing a school bus endorsement. In addition, persons who are listed on the abuse registry maintained by the Department of Health and Family Services are prohibited from obtaining or renewing a school bus endorsement. The act requires the Department of Transportation (DOT) to conduct a criminal background investigation for individuals seeking to obtain or renew a school bus endorsement every four years, rather than every eight years, and directs the DOT to make a good faith effort to obtain out-of-state criminal history information for any applicant who has lived outside of Wisconsin at any time during the prior two years. The act modifies the current requirements for alternative vehicle drivers to be more consistent with requirements for school bus drivers. It requires a school district, upon written request of a parent or guardian, to disclose the name of each driver who transports a pupil.

SB 526 - Adding "The Great Hunger" to Special Observance Days (Act 305)

The act adds March 17, commemorating "The Great Hunger" in Ireland from 1845 to 1850, to the list of special observance days that school boards are required to observe.

For questions about this information, contact Loretta L. Slauson (608) 267-9127

Last updated on 2/22/2008 1:02:22 PM