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2013 - 2014 LEGISLATURE
February 11, 2014 - Introduced by Senators Olsen, Farrow and Harsdorf,
cosponsored by Representatives Kestell, Steineke, Thiesfeldt, Pope,
Wright, Swearingen, Clark and Kulp. Referred to Committee on Education.
SB589,1,8 1An Act to repeal 115.01 (10) (b) and 121.02 (1) (f) 1.; to renumber 115.01 (10)
2(a); to renumber and amend 121.004 (8), 121.02 (1) (f) 2. and 121.14 (1); to
3amend
118.04 (4), 118.38 (2) (bm), 118.40 (8) (d) 2., 120.12 (15), 120.12 (27),
4121.004 (5), 121.004 (7) (c) 1. a. and b., 121.004 (7) (cm), 121.006 (2) (a), 121.14
5(title), 121.14 (2) (a), 121.23 (2) (intro.), 121.58 (4), 121.83 (2) (b) and 121.90 (3);
6and to create 115.001 (3m), 121.004 (8) (b), 121.14 (1) (a) 2. and 121.14 (1) (a)
73. of the statutes; relating to: number of school days and hours of instruction
8held in a school year and state aid for summer classes.
Analysis by the Legislative Reference Bureau
Under current law, each school district must hold school for 180 days each
school term and must schedule at least 437 hours of direct pupil instruction in
kindergarten, at least 1,050 hours of direct pupil instruction in grades one to six, and
at least 1,137 hours of direct pupil instruction in grades seven to twelve. With some
exceptions, the state superintendent must withhold state aid from a school district
if the school district fails to hold school for 180 days. If, however, a school district
holds less than 180 days of school as a result of a strike by school district employees,
instead of withholding state aid from the school district, the amount of state aid is
reduced to account for the amount of shared costs not incurred by the school district
as a result of the strike.

This bill eliminates the requirement that a school district hold school for 180
days each year. The bill replaces the requirement that the state superintendent
withhold state aid from a school district that fails to hold school for 180 days with a
requirement that the state superintendent withhold state aid from a school district
that fails to provide the hours of direct pupil instruction specified above.
Current law permits a school district to receive state aid for pupils who enroll
in academic summer classes and laboratory periods offered by the school district if
the state superintendent has determined that the classes are necessary for academic
purposes. Current law also permits a school district to include in its revenue limit
calculation a portion of the summer class enrollment for such necessary, academic
classes and laboratory periods.
This bill permits a school district that provides year-round school to receive
state aid for pupils who enroll in interim session classes and laboratory periods
offered by the school district if the state superintendent has determined that the
classes are necessary for academic purposes, and to include a portion of the interim
class enrollment for such necessary, academic classes and laboratory periods in its
revenue limit calculation. The bill defines "interim session" to mean a period of time
in a school year when school is held by a school in a school district to provide direct
pupil instruction.
This bill also permits a school district to receive state aid for and include in its
revenue limit calculations a portion of the summer class enrollment and interim
session enrollment of high school pupils and pupils in the seventh and eighth grades
who complete an online summer class offered by the school district if all of the
following conditions are satisfied: 1) the pupil either resides in the school district
that offers the online class or is enrolled in that school district through the open
enrollment program; 2) a high school pupil receives credit for completing the online
class and a pupil in the seventh or eighth grade successfully completes the class; and
3) the school board of the school district that offers the online class has determined
that the class fulfills a prerequisite to the receipt of a high school diploma.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB589,1 1Section 1. 115.001 (3m) of the statutes is created to read:
SB589,2,42 115.001 (3m) Interim session. "Interim session" means a period of time in a
3school year when school is held by a school in a school district to provide direct pupil
4instruction.
SB589,2 5Section 2. 115.01 (10) (a) of the statutes is renumbered 115.01 (10).
SB589,3 6Section 3. 115.01 (10) (b) of the statutes is repealed.
SB589,4
1Section 4. 118.04 (4) of the statutes is amended to read:
SB589,3,72 118.04 (4) Shall not charge tuition for attendance at summer classes or interim
3session classes
of pupils who are residents of the school district if the school board
4receives aid for such classes under s. 121.14 (1) (a). The school board may establish
5and collect reasonable fees for social, recreational, or extracurricular summer classes
6or interim session classes and programs which are neither credited toward
7graduation nor aided under s. 121.14.
SB589,5 8Section 5. 118.38 (2) (bm) of the statutes is amended to read:
SB589,3,129 118.38 (2) (bm) The department shall promulgate rules establishing criteria
10for waiving the requirement to schedule at least the number of hours of direct pupil
11instruction specified under s. 121.02 (1) (f) 2. if school is closed for a reason specified
12in s. 115.01 (10) (a) 2. or 3. (b) or (c).
SB589,6 13Section 6. 118.40 (8) (d) 2. of the statutes is amended to read:
SB589,3,1714 118.40 (8) (d) 2. Ensure that its teachers are available to provide direct pupil
15instruction for at least the applicable number of hours specified in s. 121.02 (1) (f) 2.
16each school year. No more than 10 hours in any 24-hour period may count toward
17the requirement under this subdivision.
SB589,7 18Section 7. 120.12 (15) of the statutes is amended to read:
SB589,3,2219 120.12 (15) School hours. Establish rules scheduling the hours of a normal
20school day. The school board may differentiate between the various elementary and
21high school grades in scheduling the school day. The equivalent of 180 such days, as
22defined in s. 115.01 (10), shall be held during the school term.
SB589,8 23Section 8. 120.12 (27) of the statutes is amended to read:
SB589,4,224 120.12 (27) School closings and reopenings. (a) Within 24 hours of a school
25being closed for a reason specified in s. 115.01 (10) (a) 2. or 3. (b) or (c) or by the

1department of health services under s. 252.02 (3), notify the department. The notice
2shall include the reason for the closure.
SB589,4,63 (b) Within 24 hours of reopening a school that was closed for a reason specified
4in s. 115.01 (10) (a) 2. or 3. (b) or (c) or by the department of health services under
5s. 252.02 (3), notify the department that the school has reopened. In the notice, the
6school board shall include the number of days the school was closed.
SB589,9 7Section 9. 121.004 (5) of the statutes is amended to read:
SB589,4,138 121.004 (5) Membership. "Membership" for any school district is the sum of
9pupils enrolled as reported under s. 121.05 (1) or (2), as appropriate, and the summer
10average daily membership equivalent for those academic summer classes, interim
11session
classes, and laboratory periods approved for necessary academic purposes
12under s. 121.14 (1) (a) 1. and 2. and those online classes described in s. 121.14 (1) (a)
133
.
SB589,10 14Section 10. 121.004 (7) (c) 1. a. and b. of the statutes are amended to read:
SB589,4,1815 121.004 (7) (c) 1. a. A pupil enrolled in a 5-year-old kindergarten program
16requiring that requires full-day attendance by the pupil for 5 days a week, but not
17on any day of the week that pupils enrolled in other grades in the school do not attend
18school,
for an entire school year term shall be counted as one pupil.
SB589,4,2519 b. A pupil enrolled in a 5-year-old kindergarten program requiring that
20requires
full-day attendance by the pupil for less than 5 days a week for an entire
21school year term shall be counted as the result obtained by multiplying the number
22of hours in each day in which the pupil is enrolled by the total number of days for
23which the pupil is enrolled, and dividing the result by the product of the total number
24of hours of attendance per day required of first grade pupils in the school district
25multiplied by 180.
SB589,11
1Section 11. 121.004 (7) (cm) of the statutes is amended to read:
SB589,5,62 121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program,
3including a 4-year-old kindergarten program being phased in under s. 118.14 (3) (b),
4that provides the required number of hours of direct pupil instruction under s. 121.02
5(1) (f) 2. shall be counted as 0.6 pupil if the program annually provides at least 87.5
6additional hours of outreach activities.
SB589,12 7Section 12. 121.004 (8) of the statutes is renumbered 121.004 (8) (intro.) and
8amended to read:
SB589,5,119 121.004 (8) Summer average daily membership equivalent. (intro.) "Summer
10average daily membership equivalent" is the a number determined by dividing the
11sum of the following by 48,600:
SB589,5,14 12(a) The total number of minutes in which pupils are enrolled in academic
13summer classes, interim session classes, or laboratory periods, as defined by the
14state superintendent under s. 121.14, divided by 48,600.
SB589,13 15Section 13. 121.004 (8) (b) of the statutes is created to read:
SB589,5,1916 121.004 (8) (b) The sum of the number of minutes of online class instruction
17completed per pupil for each high school pupil and each pupil in the 7th or 8th grade
18who completes an online summer class or an online interim session class offered by
19a school district if all of the following are satisfied:
SB589,5,2020 1. The online class is offered by a school district.
SB589,5,2221 2. The pupil receiving instruction in the online class resides in the school
22district under subd. 1. or is attending that school district under s. 118.51.
SB589,5,2423 3. a. If the pupil receiving instruction in the online class is enrolled in a high
24school grade, the pupil receives credit for completion of the class.
SB589,6,2
1b. If the pupil receiving instruction in the online class is enrolled in the 7th or
28th grade, the pupil successfully completed the class.
SB589,6,63 4. The school board of the school district under subd. 1. determines that the
4online class fulfills a requirement for high school graduation specified under s.
5118.33 (1) (a) 1. or established by the school board under the authority of the
6department.
SB589,14 7Section 14. 121.006 (2) (a) of the statutes is amended to read:
SB589,6,138 121.006 (2) (a) Hold school for at least 180 days each year, less any days during
9which the state superintendent determines that school is not held or educational
10standards are not maintained as the result of a strike by school district employees,
11the days to be computed in accordance with s. 115.01 (10)
the minimum number of
12hours of direct pupil instruction required for the grade in which a pupil is enrolled
13as specified in s. 121.02 (1) (f)
.
SB589,15 14Section 15. 121.02 (1) (f) 1. of the statutes is repealed.
SB589,16 15Section 16. 121.02 (1) (f) 2. of the statutes is renumbered 121.02 (1) (f) and
16amended to read:
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