AB749-ASA1,1,8 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 substitute amendment eliminates the requirement that a school district
hold school for 180 days each year. The substitute amendment 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 substitute amendment 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 substitute amendment
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 hours of direct pupil instruction in addition
to the hours of direct pupil instruction specified above.
This substitute amendment 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:
AB749-ASA1,1 1Section 1. 115.001 (3m) of the statutes is created to read:
AB749-ASA1,3,22 115.001 (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 hours of

1direct pupil instruction in addition to the hours of direct pupil instruction provided
2by the school district as required under s. 121.02 (1) (f).
AB749-ASA1,2 3Section 2. 115.01 (10) (a) of the statutes is renumbered 115.01 (10).
AB749-ASA1,3 4Section 3. 115.01 (10) (b) of the statutes is repealed.
AB749-ASA1,4 5Section 4. 118.04 (4) of the statutes is amended to read:
AB749-ASA1,3,116 118.04 (4) Shall not charge tuition for attendance at summer classes or interim
7session classes
of pupils who are residents of the school district if the school board
8receives aid for such classes under s. 121.14 (1) (a). The school board may establish
9and collect reasonable fees for social, recreational, or extracurricular summer classes
10or interim session classes and programs which are neither credited toward
11graduation nor aided under s. 121.14.
AB749-ASA1,5 12Section 5. 118.38 (2) (bm) of the statutes is amended to read:
AB749-ASA1,3,1613 118.38 (2) (bm) The department shall promulgate rules establishing criteria
14for waiving the requirement to schedule at least the number of hours of direct pupil
15instruction specified under s. 121.02 (1) (f) 2. if school is closed for a reason specified
16in s. 115.01 (10) (a) 2. or 3. (b) or (c).
AB749-ASA1,6 17Section 6. 118.40 (8) (d) 2. of the statutes is amended to read:
AB749-ASA1,3,2118 118.40 (8) (d) 2. Ensure that its teachers are available to provide direct pupil
19instruction for at least the applicable number of hours specified in s. 121.02 (1) (f) 2.
20each school year. No more than 10 hours in any 24-hour period may count toward
21the requirement under this subdivision.
AB749-ASA1,7 22Section 7. 120.12 (15) of the statutes is amended to read:
AB749-ASA1,4,223 120.12 (15) School hours. Establish rules scheduling the hours of a normal
24school day. The school board may differentiate between the various elementary and

1high school grades in scheduling the school day. The equivalent of 180 such days, as
2defined in s. 115.01 (10), shall be held during the school term.
AB749-ASA1,8 3Section 8. 120.12 (27) of the statutes is amended to read:
AB749-ASA1,4,74 120.12 (27) School closings and reopenings. (a) Within 24 hours of a school
5being closed for a reason specified in s. 115.01 (10) (a) 2. or 3. (b) or (c) or by the
6department of health services under s. 252.02 (3), notify the department. The notice
7shall include the reason for the closure.
AB749-ASA1,4,118 (b) Within 24 hours of reopening a school that was closed for a reason specified
9in s. 115.01 (10) (a) 2. or 3. (b) or (c) or by the department of health services under
10s. 252.02 (3), notify the department that the school has reopened. In the notice, the
11school board shall include the number of days the school was closed.
AB749-ASA1,9 12Section 9. 121.004 (5) of the statutes is amended to read:
AB749-ASA1,4,1813 121.004 (5) Membership. "Membership" for any school district is the sum of
14pupils enrolled as reported under s. 121.05 (1) or (2), as appropriate, and the summer
15average daily membership equivalent for those academic summer classes, interim
16session
classes, and laboratory periods approved for necessary academic purposes
17under s. 121.14 (1) (a) 1. and 2. and those online classes described in s. 121.14 (1) (a)
183
.
AB749-ASA1,10 19Section 10. 121.004 (7) (c) 1. a. and b. of the statutes are amended to read:
AB749-ASA1,4,2320 121.004 (7) (c) 1. a. A pupil enrolled in a 5-year-old kindergarten program
21requiring that requires full-day attendance by the pupil for 5 days a week, but not
22on any day of the week that pupils enrolled in other grades in the school do not attend
23school,
for an entire school year term shall be counted as one pupil.
AB749-ASA1,5,524 b. A pupil enrolled in a 5-year-old kindergarten program requiring that
25requires
full-day attendance by the pupil for less than 5 days a week for an entire

1school year term shall be counted as the result obtained by multiplying the number
2of hours in each day in which the pupil is enrolled by the total number of days for
3which the pupil is enrolled, and dividing the result by the product of the total number
4of hours of attendance per day required of first grade pupils in the school district
5multiplied by 180.
AB749-ASA1,11 6Section 11. 121.004 (7) (cm) of the statutes is amended to read:
AB749-ASA1,5,117 121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program,
8including a 4-year-old kindergarten program being phased in under s. 118.14 (3) (b),
9that provides the required number of hours of direct pupil instruction under s. 121.02
10(1) (f) 2. shall be counted as 0.6 pupil if the program annually provides at least 87.5
11additional hours of outreach activities.
AB749-ASA1,12 12Section 12. 121.004 (8) of the statutes is renumbered 121.004 (8) (intro.) and
13amended to read:
AB749-ASA1,5,1614 121.004 (8) Summer average daily membership equivalent. (intro.) "Summer
15average daily membership equivalent" is the a number determined by dividing the
16sum of the following by 48,600:
AB749-ASA1,5,19 17(a) The total number of minutes in which pupils are enrolled in academic
18summer classes, interim session classes, or laboratory periods, as defined by the
19state superintendent under s. 121.14, divided by 48,600.
AB749-ASA1,13 20Section 13. 121.004 (8) (b) of the statutes is created to read:
AB749-ASA1,5,2421 121.004 (8) (b) The sum of the number of minutes of online class instruction
22completed per pupil for each high school pupil and each pupil in the 7th or 8th grade
23who completes an online summer class or an online interim session class offered by
24a school district if all of the following are satisfied:
AB749-ASA1,5,2525 1. The online class is offered by a school district.
AB749-ASA1,6,2
12. The pupil receiving instruction in the online class resides in the school
2district under subd. 1. or is attending that school district under s. 118.51.
AB749-ASA1,6,43 3. a. If the pupil receiving instruction in the online class is enrolled in a high
4school grade, the pupil receives credit for completion of the class.
AB749-ASA1,6,65 b. If the pupil receiving instruction in the online class is enrolled in the 7th or
68th grade, the pupil successfully completed the class.
AB749-ASA1,6,107 4. The school board of the school district under subd. 1. determines that the
8online class fulfills a requirement for high school graduation specified under s.
9118.33 (1) (a) 1. or established by the school board under the authority of the
10department.
AB749-ASA1,14 11Section 14. 121.006 (2) (a) of the statutes is amended to read:
AB749-ASA1,6,1712 121.006 (2) (a) Hold school for at least 180 days each year, less any days during
13which the state superintendent determines that school is not held or educational
14standards are not maintained as the result of a strike by school district employees,
15the days to be computed in accordance with s. 115.01 (10)
the minimum number of
16hours of direct pupil instruction required for the grade in which a pupil is enrolled
17as specified in s. 121.02 (1) (f)
.
AB749-ASA1,15 18Section 15. 121.02 (1) (f) 1. of the statutes is repealed.
AB749-ASA1,16 19Section 16. 121.02 (1) (f) 2. of the statutes is renumbered 121.02 (1) (f) and
20amended to read:
AB749-ASA1,7,421 121.02 (1) (f) Annually, schedule at least 437 hours of direct pupil instruction
22in kindergarten, at least 1,050 hours of direct pupil instruction in grades 1 to 6 and
23at least 1,137 hours of direct pupil instruction in grades 7 to 12. Scheduled hours
24under this subdivision paragraph include recess and time for pupils to transfer
25between classes but do not include the lunch period. Scheduled hours under this

1paragraph do not include hours of direct pupil instruction offered during an interim
2session. Scheduled hours under this paragraph may include hours on Saturdays.

3A school board operating a 4-year-old kindergarten program may use up to 87.5 of
4the scheduled hours for outreach activities.
AB749-ASA1,17 5Section 17. 121.14 (title) of the statutes is amended to read:
AB749-ASA1,7,6 6121.14 (title) State aid for summer classes and interim session classes.
AB749-ASA1,18 7Section 18. 121.14 (1) of the statutes is renumbered 121.14 (1) (a) (intro.) and
8amended to read:
AB749-ASA1,7,109 121.14 (1) (a) (intro.) State aid shall be paid to each district or county children
10with disabilities education board only for all of the following:
AB749-ASA1,7,12 111. Subject to par. (b), those academic summer classes or laboratory periods that
12are for necessary academic purposes, as defined by the state superintendent by rule.
AB749-ASA1,7,16 13(b) Recreational programs and team sports shall not be eligible for aid under
14this section, and pupils participating in such programs shall not be counted as pupils
15enrolled under s. 121.004 (5) nor shall costs associated with such programs be
16included in shared costs under s. 121.07 (6).
AB749-ASA1,19 17Section 19. 121.14 (1) (a) 2. of the statutes is created to read:
AB749-ASA1,7,2118 121.14 (1) (a) 2. Subject to par. (b), for a school district or county children with
19disabilities education board that provides year-round school, those interim session
20classes or laboratory periods that are for necessary academic purposes, as defined by
21the state superintendent by rule.
AB749-ASA1,20 22Section 20. 121.14 (1) (a) 3. of the statutes is created to read:
AB749-ASA1,8,523 121.14 (1) (a) 3. Those online classes offered as summer classes or interim
24session classes to high school pupils and pupils in grade 7 or 8 who reside in the school
25district, or who are attending the online class in the school district under s. 118.51,

1provided a pupil enrolled in a high school grade receives a credit for the class, a pupil
2enrolled in the 7th or 8th grade successfully completes the class, and the school board
3of the school district determines the online class fulfills a requirement for high school
4graduation specified under s. 118.33 (1) (a) 1. or established by the school board
5under the authority of the department.
AB749-ASA1,21 6Section 21. 121.14 (2) (a) of the statutes is amended to read:
AB749-ASA1,8,97 121.14 (2) (a) State aid for summer classes, laboratory periods, or interim
8session classes under sub. (1)
shall be incorporated into the state aid paid for regular
9classes under this subchapter.
AB749-ASA1,22 10Section 22. 121.23 (2) (intro.) of the statutes is amended to read:
AB749-ASA1,8,1611 121.23 (2) (intro.) If a school district holds less than 180 days of school fails to
12provide the number of hours of direct pupil instruction specified under s. 121.02 (1)
13(f)
as the result of a strike by school district employees, for the purposes of computing
14general aid, the state superintendent shall compute the school district's primary and
15secondary ceiling costs per member in accordance with the procedure specified in
16pars. (a) to (e). In making the calculation, the state superintendent shall:
AB749-ASA1,23 17Section 23. 121.58 (4) of the statutes is amended to read:
AB749-ASA1,9,718 121.58 (4) State aid for summer class transportation. Annually on or before
19October 1 of the year in which transportation is provided under s. 121.54 (4), or under
20s. 121.54 (10) if the transportation is provided by the nonresident school district that
21a pupil attends under s. 118.51 or 121.84 (4), the school district clerk shall file with
22the department a report, containing such information as the department requires,
23on transportation provided by the school board to and from summer classes. Upon
24receipt of such report and if the summer classes meet the requirements of s. 121.14
25(1) (a) 1. or 2., state aid shall be paid for such transportation. A school district which

1provides such transportation shall be paid state aid for such transportation at the
2rate of $4 per pupil transported to and from public school whose residence is at least
32 miles and not more than 5 miles by the nearest traveled route from the public school
4attended, and $6 per pupil transported to and from public school whose residence is
5more than 5 miles by the nearest traveled route from the public school attended, if
6the pupil is transported 30 days or more. The state aid shall be reduced
7proportionately if the pupil is transported less than 30 days.
AB749-ASA1,24 8Section 24. 121.83 (2) (b) of the statutes is amended to read:
AB749-ASA1,9,129 121.83 (2) (b) The tuition for summer school shall be the daily tuition rate for
10the previous school year multiplied by 180 the number of school days held in the
11previous school year
times the summer average daily membership equivalent of the
12pupil.
AB749-ASA1,25 13Section 25. 121.90 (3) of the statutes is amended to read:
AB749-ASA1,9,1714 121.90 (3) "Summer enrollment" means the summer average daily
15membership equivalent for those academic summer classes, interim session classes,
16and laboratory periods
approved for necessary academic purposes under s. 121.14 (1)
17(a) 1. and 2. and those online classes described in s. 121.14 (1) (a) 3
.
AB749-ASA1,26 18Section 26. Initial applicability.
AB749-ASA1,9,2019 (1) The treatment of section 118.04 (4) of the statutes first applies to tuition
20charged for interim session classes or online classes in the 2014-15 school year.
AB749-ASA1,9,2521 (2) The treatment of section 121.004 (5) of the statutes, the renumbering and
22amendment of sections 121.004 (8) and 121.14 (1) of the statutes, and the creation
23of sections 115.001 (3m), 121.004 (8) (b), and 121.14 (1) (a) 2. and 3. of the statutes
24first apply to state aid paid for interim session classes and summer online classes in
25the 2014-15 school year.
AB749-ASA1,10,2
1(3) The treatment of section 121.90 (3) of the statutes first applies to the
2determination of a school district's revenue limit in the 2014-15 school year.
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