AB150,1383,2016 118.195 (1) No person otherwise qualified may be denied a certificate or license
17from the state superintendent under s. 118.19 (1) because the person is totally or
18partially blind, deaf or physically handicapped nor may any school district refuse to
19employ or contract with a teacher on such grounds, if such handicapped teacher is
20able to carry out the duties of the position which the person seeks.

AB150,1384,522 118.20 (1) No discrimination because of sex, except where sex is a bona fide
23occupational qualification as defined in s. 111.36 (2), race, nationality or political or
24religious affiliation may be practiced in the employment of or contracting with
25teachers or administrative personnel in public schools or in their assignment or

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1reassignment. No questions of any nature or form relative to sex, except where sex
2is a bona fide occupational qualification as defined in s. 111.36 (2), race, nationality
3or political or religious affiliation may be asked applicants for teaching or
4administrative positions in the public schools either by public school officials or
5employes or by teachers agencies or placement bureaus.

AB150,1384,11 6(2) The state superintendent or a person designated by the superintendent
7department may receive and investigate complaints charging discrimination in
8employment, assignment or reassignment of or contracting with teachers or
9administrative personnel in the public schools and the superintendent or designee
10department may hold hearings, subpoena witnesses and take testimony to effectuate
11the purposes of this section.

AB150,1384,2413 118.20 (4) After hearing, if the state superintendent department finds that the
14respondent has engaged in discrimination prohibited by this section the state
15superintendent department shall make written findings and recommend such action
16by the respondent as shall satisfy the purposes of this section and shall serve a
17certified copy of the findings and recommendations on the respondent together with
18an order requiring the respondent to comply with the recommendations. Any person
19aggrieved by noncompliance with the order shall be entitled to have the order
20enforced specifically by suit in equity. If the state superintendent department finds
21that the respondent has not engaged in the alleged discrimination, the state
22superintendent department shall serve a certified copy of the state superintendent's
23department's findings on the complainant together with an order dismissing the
24complaint.

AB150,1385,9

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1(5) If any public school official, employe, teachers agency or placement bureau
2violates sub. (1) or fails or refuses to obey any lawful order made by the
3superintendent department pursuant to this section, such person shall forfeit and
4pay into the state treasury not less than $25 nor more than $50, or be imprisoned not
5less than 5 nor more than 30 days. Such violation or failure or refusal to obey an order
6shall be grounds for the removal of any school district administrator, member of a
7school board or other public school official. Findings and orders of the
8superintendent department under this section shall be subject to judicial review
9under ch. 227

AB150,1385,14 10(6) Upon request of the superintendent department, the attorney general or
11district attorney of the county in which any investigation, hearing or trial under this
12section is pending, shall aid and prosecute under supervision of the superintendent
13department, all necessary actions or proceedings for the enforcement of this section
14and for the punishment of all violations thereof.

AB150,1385,17 15(7) In administering this section the superintendent department shall have
16authority to make, amend and rescind rules necessary to carry out the purposes of
17this section.

AB150,1385,2219 118.23 (6) This section does not apply after the effective date of this subsection
20.... [revisor inserts date]. Any person whose employment is permanent under sub.
21(3) on that date, shall retain all of the rights and privileges of such permanent
22employment after that date.

AB150,1386,224 118.24 (1) A school board may employ a school district administrator, a
25business manager and school principals and assistants to such persons. The term

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1of each initial employment contract shall expire on June 30 of an odd-numbered year
2and may not exceed be for a term of at least 2 years.

AB150,1386,114 118.24 (2) (e) The school district administrator shall attend annually one
5convention called by the state superintendent department for the purpose of
6consultation upon matters pertaining to the supervision and management of the
7schools. The administrator shall be reimbursed for actual and necessary expenses
8incurred for travel, board and lodging because of attendance at such convention.
9Bills for such expenses shall be audited and allowed by the school board upon
10presentation of an itemized statement of expense accompanied by a certificate of
11attendance signed by the state superintendent secretary.

AB150,1387,213 118.24 (6) The employment contract of any person described under sub. (1)
14shall be in writing and filed with the school district clerk. At least 4 months prior
15to the expiration of the employment contract, the employing school board shall give
16notice in writing of either renewal of the contract or of refusal to renew such person's
17contract. If no such notice is given, the contract then in force shall continue in force
18for a term that expires on June 30 of an odd-numbered year and that does not exceed
192 years. Any such person who receives notice of renewal or who does not receive
20notice of renewal or refusal to renew the person's contract at least 4 months before
21the contract expiration shall accept or reject the contract in writing on or before a
22date 3 months prior to the contract expiration. No such person may be employed or
23dismissed except by a majority vote of the full membership of the school board.
24Nothing in this section prevents the modification or termination of an employment
25contract by mutual agreement of the parties. No school board may enter into a

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1contract of employment with any such person for a period of time as to which such
2person is then under a contract of employment with another school board.

AB150,1387,104 118.24 (8) Personnel administrators and supervisors, curriculum
5administrators and assistants to such administrative personnel, when employed by
6the school board of any school district to perform administrative duties only, may be
7initially employed for a term that expires on June 30 of an odd-numbered year and
8that does not exceed of at least 2 years. The term shall coincide with the state fiscal
9biennium. Subsections (5) to (7) are applicable to such persons when they are
10employed to perform administrative duties only.

AB150,1387,1212 118.245 (1) In this section, "professional:

AB150,1387,16 13(a) "Nonrepresented professional employe" means a school district employe
14who holds a license issued by the state superintendent under s. 115.28 (7), whose
15employment requires that license, and who is not included in a collective bargaining
16unit for which a representative is recognized or certified under subch. IV of ch. 111.

AB150,1387,1918 118.245 (1) (b) "Represented professional employe" has the meaning given for
19"school district professional employe" in s. 111.70 (1) (ne).

AB150,1388,221 118.245 (2) Each school district shall maintain for each of its nonrepresented
22professional employes during the period beginning on August 12, 1993, and ending
23on June 30, 1996, at least the same percentage contribution provided by the school
24district to the employes' existing fringe benefit costs, and shall maintain all existing
25fringe benefits provided to the employes during each 12-month period ending on

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1June 30, as such contributions and benefits existed on March 31 preceding that
212-month period.

AB150,1388,155 118.245 (3) (a) No Except as provided in par. (b), no school district may grant
6to its nonrepresented professional employes for any 12-month period ending on June
730 an average increase for all such employes in compensation during the period
8beginning on August 12, 1993 the effective date of this subsection .... [revisor inserts
9date], and ending on June 30, 1996, having an average cost per employe exceeding
102.1% of the highest average total percentage increased cost per employe of
11compensation and fringe benefits provided by the school district to its represented
12professional employes for any 12-month period ending on June 30 in any collective
13bargaining unit during either of the 2 most recent 12-month periods ending on June
1430 preceding the date that the increase becomes effective, including any increase due
15to a promotion or the attainment of increased professional qualifications, unless.

AB150,1389,8 16(b) If the increased cost required to maintain the percentage contribution by
17the school district to the nonrepresented professional employes' existing fringe
18benefit costs and to maintain all existing fringe benefits provided to the employes
19under sub. (2) exceeds 1.7% of the average total cost per employe of compensation and
20fringe benefits provided by the school district to its nonrepresented professional
21employes for any such 12-month period, in which case the school district shall not
22grant to its professional those employes for any 12-month period ending on June 30
23an average increase for all such employes in compensation during that the period
24beginning on the effective date of this subsection .... [revisor inserts date], and ending
25on June 30, 1996, having a total cost per employe exceeding an average of that

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1percentage, if any, for each 12-month period ending on June 30, of the prorated
2portion of 2.1% of the that highest average total percentage increased cost per
3employe of compensation and fringe benefits provided by the school district to its
4represented professional employes under par. (a) that remains, if any, after the
5average increased cost of such maintenance exceeding 1.7% of the average total cost
6per employe of compensation and fringe benefits provided by the school district to its
7nonrepresented professional employes for each 12-month period is subtracted from
8the average increased cost of such a compensation increase.

AB150,1389,1410 118.245 (3) (c) For purposes of this subsection, the average total percentage
11increased cost per employe of the compensation provided by a school district to its
12represented professional employes in any collective bargaining unit shall be
13determined in accordance with the method prescribed by the employment relations
14commission under s. 111.70 (4) (cm) 8s.

AB150,1389,2016 118.245 (4) For purposes of determination of the increased cost of any fringe
17benefits or compensation provided to a nonrepresented professional employe or
18represented professional employe, any cost increase that is incurred on any day other
19than the beginning of a 12-month period under sub. (2) or (3) shall be calculated as
20if the cost increase were incurred as of the beginning of the 12-month period.

AB150,1389,2522 118.25 (1) In this section, "school employe" means a person employed by a
23school board, or under contract to a school board under s. 120.13 (26), who comes in
24contact with children or who handles or prepares food for children while they are
25under the supervision of school authorities.

AB150,1390,52 118.255 (3) The school board, cooperative educational service agency or county
3handicapped children's education board maintaining health treatment services shall
4report annually to the department of public instruction, and at such other times as
5the department directs, such information as the department requires.

AB150,1390,197 118.255 (4) If the state superintendent department is satisfied that the health
8treatment services program has been maintained during the preceding school year
9in accordance with law he or she, the department shall certify to the department of
10administration in favor of each school board, cooperative educational service agency
11and county handicapped children's education board maintaining such health
12treatment services, an amount equal to 63% of the amount expended for items listed
13in s. 115.88 (1) by the school board, cooperative educational service agency and
14county handicapped children's education board during the preceding year for these
15health treatment services. The department of administration, upon such
16certification shall distribute the amounts to the appropriate school board,
17cooperative educational service agency and county handicapped children's education
18board as costs eligible for reimbursement from the appropriation under s. 20.255 (2)
19(b).

AB150,1390,2321 118.255 (5) Notwithstanding sub. (4), beginning in the 1996-97 school year the
22department shall certify to the department of revenue and aid shall be paid from the
23appropriation under s. 20.835 (7) (b).

AB150,1391,5

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1118.30 (1) (intro.) The state superintendent shall adopt or approve
2examinations that are designed to measure pupil attainment of knowledge in the
34th, 8th and 10th grades and reimburse school districts for the costs of the
4examinations. Except as otherwise provided in this section, beginning in the
51993-94 school year, the school board shall administer do all of the following:

AB150,1391,8 6(a) Administer the examinations 8th grade examination annually to all pupils
7enrolled in the school district, including pupils enrolled in charter schools located in
8the school district, in the 8th and 10th grades grade.

AB150,1391,1210 118.30 (1) (b) Administer the 10th grade examination annually to all pupils
11enrolled in the school district, including pupils enrolled in charter schools located in
12the school district, in the 10th grade.

AB150,1391,1614 118.30 (1) (c) Beginning in the 1996-97 school year, administer the 4th grade
15examination annually to all pupils enrolled in the school district, including pupils
16enrolled in charter schools located in the school district, in the 4th grade.

AB150,1391,2418 118.30 (2) (b) 3. Annually, the school board shall notify the parent or guardian
19of each pupil enrolled in the 8th and 10th grades in the school district who is required
20to take an examination administered under this section, including pupils enrolled
21in charter schools located in the school district, that he or she may request the school
22board to excuse the pupil from taking an the examination administered under this
23section. Upon the request of a pupil's parent or guardian, the school board shall
24excuse the pupil from taking an the examination administered under this section.

AB150,1392,5

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1118.33 (3m) A course taken at a technical college by a child attending the school
2part-time or in lieu of high school under s. 118.15 (1) (b), or attending the school
3under s. 118.15 (1) (cm), does not fulfill any of the high school graduation
4requirements under sub. (1) (a) unless the state superintendent has approved the
5course for that purpose.

AB150,1392,1210 118.50 (3) In this section, "institution "Institution of higher education" means
11a center or institution within the university of Wisconsin system, a technical college
12or a private, nonprofit institution of higher education located in this state.

AB150,1393,415 118.55 (3) (b) If the pupil specifies in the notice under par. (a) that he or she
16intends to take a course at an institution of higher education for high school credit,
17the school board shall determine whether the course is comparable to a course offered
18in the school district, and whether the course satisfies any of the high school
19graduation requirements under s. 118.33 and the number of high school credits to
20award the pupil for the course, if any. The state superintendent department shall
21develop guidelines to assist school districts in making the determinations. The
22school board shall notify the pupil of its determinations, in writing, before the end
23of the semester in which it received the notice under par. (a). If the pupil disagrees
24with the school board's decision regarding comparability of courses, satisfaction of
25high school graduation requirements or the number of high school credits to be

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1awarded, the pupil may appeal the school board's decision to the state
2superintendent department within 30 days after the decision. The state
3superintendent's department's decision shall be final and is not subject to review
4under subch. III of ch. 227.

AB150,1393,7 5(3m) (b) The state superintendent department may waive the requirement
6under par. (a) if he or she the department determines that the requirement would
7impose too great a cost because of the lack of equipment or space.

AB150,1393,18 8(7g) Transportation. The parent or guardian of a pupil who is attending an
9institution of higher education under this section and is taking a course for high
10school credit that is not comparable to a course offered in the school district may
11apply to the state superintendent for reimbursement of the cost of transporting the
12pupil between the high school in which the pupil is enrolled and the institution of
13higher education that the pupil is attending if the pupil and the pupil's parent or
14guardian are unable to pay the cost of such transportation. The state superintendent
15shall determine the reimbursement amount and shall pay the amount from the
16appropriation under s. 20.255 (2) (cw). The state superintendent shall give
17preference under this subsection to those pupils who are eligible for a free or
18reduced-price lunch under 42 USC 1758 (b).

AB150,1393,25 21118.38 Waivers of laws and rules. (1) (a) A school board may request the
22department to waive any school board or school district requirement in chs. 115 to
23121 or in the administrative rules promulgated by the department under the
24authority of those chapters, except for statutes or rules related to any of the
25following:

AB150,1394,1

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11. The health or safety of pupils.

AB150,1394,22 2. Pupil discrimination under s. 118.13.

AB150,1394,43 3. The pupil assessment program under s. 118.30 and the standardized reading
4test required under s. 121.02 (1) (r).

AB150,1394,55 4. Pupil records under s. 118.125.

AB150,1394,66 5. The collection of data by the department.

AB150,1394,87 6. The uniform financial fund accounting system under ss. 115.28 (13) and
8115.30 (1) and audits of school district accounts under s. 120.14.

AB150,1394,99 7. Licensure or certification under s. 115.28 (7) or (7m).

AB150,1394,1110 (b) Before requesting a waiver, the school board shall hold a public hearing in
11the school district on the request.

AB150,1394,13 12(2) In determining whether to grant the waiver, the department shall consider
13all of the following:

AB150,1394,1514 (a) Whether the requirement impedes progress toward achieving a local
15improvement plan developed under sec. 309 (a) (3) of P.L. 103-227.

AB150,1394,1716 (b) Whether the school board has adopted educational goals for the school
17district.

AB150,1394,21 18(3) A waiver is effective for 4 years. The department shall renew the waiver
19for additional 4-year periods, except that the department is not required to renew
20a waiver if department determines that the school district is not making adequate
21progress toward improving pupil academic performance.

AB150,1395,2 23118.39 Performance recognition plans. (1) A school board may adopt a
24performance recognition plan that annually allocates at least 2% of its total payroll,
25excluding the cost of fringe benefits, for performance recognition awards to school

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1district employes. The school board shall determine which categories of school
2district employes are eligible for such awards.

AB150,1395,4 3(2) (a) If a school board adopts a performance recognition plan under this
4section, it shall establish all of the following committees:

AB150,1395,55 1. A committee to develop employe performance standards.

AB150,1395,86 2. A committee to develop a process to review employe performance, and to
7review and make recommendations regarding award recipients and the amount of
8each award.

AB150,1395,119 (b) The committees established under par. (a) shall be composed of an equal
10number of employes, school administrators, and parents or guardians of pupils
11enrolled in the school district, and shall be appointed or elected as follows:

AB150,1395,1212 1. The school board shall appoint school administrators and parents.

AB150,1395,2213 2. The school board shall afford the school district employes the opportunity to
14participate in an election of employe representatives. The department shall
15promulgate rules prescribing procedures for conducting such elections. If any
16portion of the employes is represented by a representative that is recognized or
17certified under subch. IV of ch. 111 to represent those employes, the school board
18shall, in lieu of permitting those employes to elect employe representatives, afford
19the representative the opportunity to appoint employe representatives. Appointed
20representatives shall be in the same proportion as the number of employes
21represented by the representative bears to the total number of school district
22employes.

AB150,1395,23 23(3) Annually, the school board shall do all of the following:

AB150,1395,2524 (a) Provide a copy of the employe performance standards developed by the
25committee under sub. (2) (a) 1. to each school district employe.