LRB-1262/4
PG:mfd:hmh
1997 - 1998 LEGISLATURE
February 25, 1998 - Introduced by Law Revision Committee. Referred to
Committee on Education.
SB468,2,2 1An Act to repeal 20.255 (2) (bm), 20.255 (2) (ef), 20.255 (2) (eg), 115.28 (35),
2115.40, 119.497, 119.80 (1), 121.10, 121.105 (2) (a) 1. a., 121.105 (2) (a) 1. b.,
3121.905 (3) (c) 1., 121.91 (1) and 121.91 (2); to renumber and amend 119.80
4(2) and 121.105 (2) (a) 1. c.; and to amend 13.101 (6) (a), 118.10, 118.153 (4) (a),
5118.19 (3) (a), 118.19 (4m), 118.19 (8), 118.19 (9) (a) (intro.), 118.19 (10) (c),
6118.33 (1) (a) (intro.), 118.33 (1) (b), 118.55 (2) (a), 119.04 (1), 119.23 (2) (a)
7(intro.), 119.23 (2) (b), 119.496 (6) (a), 119.55 (1) (b), 119.55 (2), 119.73, 121.007,
8121.02 (1) (s), 121.05 (4), 121.06 (3), 121.07 (1) (a), 121.07 (7) (b), 121.105 (1),
9121.105 (2) (a) 2., 121.135 (2) (c), 121.15 (3m) (b), 121.54 (2) (b) 3., 121.58 (7),
10121.87 (1) (intro.), 121.90 (2), 121.905 (3) (a), 121.91 (3) (a), 121.91 (3) (c), 121.91
11(4) (a) 1., 121.91 (4) (a) 2., 121.91 (4) (b), 121.91 (4) (c) (intro.), 121.91 (4) (d) and
12121.91 (5) (a) of the statutes; relating to: eliminating obsolete language and
13provisions from the statutes governing public schools and the department of

1public instruction (suggested as remedial legislation by the department of
2public instruction).
Analysis by the Legislative Reference Bureau
This bill revises the statutes governing the operation, programs and funding of
the public schools and the department of public instruction (DPI) by eliminating
obsolete language and provisions.
The bill also eliminates the authority of DPI, when conducting a background
investigation of a licensee or an applicant for a license, to require the person to be
photographed.
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the department of public instruction and introduced by the law
revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the
various provisions of the bill, the law revision committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
SB468, s. 1 3Section 1 . 13.101 (6) (a) of the statutes, as affected by 1997 Wisconsin Acts 27
4and 35, is amended to read:
SB468,3,105 13.101 (6) (a) As an emergency measure necessitated by decreased state
6revenues and to prevent the necessity for a state tax on general property, the
7committee may reduce any appropriation made to any board, commission,
8department, the university of Wisconsin system or to any other state agency or
9activity by such amount as it deems feasible, not exceeding 25% of the
10appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm),
11(cg), (cr) and (q), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and
12(6) (aq) and (ar), 20.435 (6) (a) and (7) (da) and 20.445 (3) (a) and (dz) or for forestry
13purposes under s. 20.370 (1), or any other moneys distributed to any county, city,

1village, town or school district. Appropriations of receipts and of a sum sufficient
2shall for the purposes of this section be regarded as equivalent to the amounts
3expended under such appropriations in the prior fiscal year which ended June 30.
4All functions of said state agencies shall be continued in an efficient manner, but
5because of the uncertainties of the existing situation no public funds should be
6expended or obligations incurred unless there shall be adequate revenues to meet the
7expenditures therefor. For such reason the committee may make reductions of such
8appropriations as in its judgment will secure sound financial operations of the
9administration for said state agencies and at the same time interfere least with their
10services and activities.
SB468, s. 2 11Section 2 . 20.255 (2) (bm) of the statutes is repealed.
Note: Sections 1 and 2 delete an outdated provision and statutory cross-reference
to minimum state aid and educational aids.
SB468, s. 3 12Section 3. 20.255 (2) (ef) of the statutes is repealed.
Note: This Section deletes an outdated provision regarding collaborative projects,
none of which could be funded after June 30, 1996.
SB468, s. 4 13Section 4. 20.255 (2) (eg) of the statutes is repealed.
Note: This Section deletes an outdated provision regarding collaborative service
programs, none of which could be funded after June 30, 1996.
SB468, s. 5 14Section 5. 115.28 (35) of the statutes, as affected by 1997 Wisconsin Act 27,
15is repealed.
Note: This statute, relating to grants for collaborative projects to integrate social
services and school responsibilities, does not apply after June 30, 1996. Because the
statute is now obsolete, it is repealed.
SB468, s. 6 16Section 6. 115.40 of the statutes, as affected by 1997 Wisconsin Act 27, is
17repealed.
Note: This statute, relating to grants for collaborative service programs, does not
permit such grants to be awarded after June 30, 1996. Because the statute is now
obsolete, it is repealed.
SB468, s. 7 18Section 7. 118.10 of the statutes is amended to read:
SB468,4,16
1118.10 School safety patrols. Any school board may organize school safety
2patrols and, with the permission of the parents, appoint pupils as members thereof
3for the purpose of influencing and encouraging the other pupils to refrain from
4crossing public highways at points other than at regular crossings and for the
5purpose of directing pupils not to cross highways at times when the presence of traffic
6would render such crossing unsafe. Nothing in this section authorizes or permits the
7use of any safety patrol member for the purpose of directing vehicular traffic, nor may
8any safety patrol member be stationed in that portion of the highway intended for
9the use of vehicular traffic, but this section shall not affect any plan in operation on
10July 11, 1939, under which a junior police patrol directs traffic under the
11authorization, supervision and control of either the sheriff's department or of the
12chief of police or traffic department of the police department of any city, town or
13village
. No liability shall attach to the school district or any individual, school board
14member, school district administrator, teacher or other school authority by virtue of
15the organization, maintenance or operation of a school safety patrol organized,
16maintained and operated under this section.
Note: The amendment to this statute deletes a reference to a plan in operation on
July 11, 1939, under which junior police patrols direct traffic under the direction of a
sheriff's or police department. According to the department of public instruction (DPI),
no such plan exists.
SB468, s. 8 17Section 8. 118.153 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27,
18is amended to read:
SB468,5,219 118.153 (4) (a) Beginning Annually in August 1994, and annually thereafter,
20a school board that applied for aid under this section in the previous school year shall
21submit a report to the state superintendent. The report shall include only
22information about the pupils enrolled in a program for children at risk in the

1previous school year that is necessary for the state superintendent to determine the
2number of pupils who achieved each of the objectives under par. (c).
Note: The amendment to this statute revises language requiring an annual report
for children-at-risk programs.
SB468, s. 9 3Section 9. 118.19 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27,
4is amended to read:
SB468,5,235 118.19 (3) (a) No license to teach in any public school may be issued unless the
6applicant possesses a bachelor's degree including such professional training as the
7department by rule requires, except as permitted under par. (b) and ss. 115.28 (17)
8(a) and 118.192. Notwithstanding s. 36.11 (16), beginning August 31, 1990, no
9teacher preparatory program in this state may be approved by the state
10superintendent under s. 115.28 (7) (a), unless each student in the program is
11required to complete student teaching consisting of full days for a full semester
12following the daily schedule and semester calendar of the cooperating school.
13Beginning August 31, 1990, no No license to teach in any public school may be
14granted to an applicant who completed a professional training program outside this
15state unless the applicant completed student teaching consisting of full days for a full
16semester following the daily schedule and semester calendar of the cooperating
17school or the equivalent, as determined by the state superintendent. The state
18superintendent may grant exceptions to the student teaching requirements under
19this paragraph when the midyear calendars of the institution offering the teacher
20preparatory program and the cooperating school differ from each other and would
21prevent students from attending classes at the institution in accordance with the
22institution's calendar. The state superintendent shall promulgate rules to
23implement this subsection.

Note: The amendment to this statute deletes an outdated starting date regarding
approval and completion of student teaching requirements.
SB468, s. 10 1Section 10. 118.19 (4m) of the statutes, as affected by 1997 Wisconsin Act 27,
2is amended to read:
SB468,6,93 118.19 (4m) Beginning July 1, 1995, the The state superintendent may not
4issue or renew a license to teach the visually impaired unless the applicant
5demonstrates, based on criteria established by the state superintendent by rule, that
6he or she is proficient in reading and writing braille and in teaching braille. In
7promulgating rules under this subsection, the state superintendent shall take into
8consideration the standard used by the librarian of congress for certifying braille
9transcribers.
Note: The amendment to this statute deletes an outdated starting date regarding
a requirement for certain teachers to demonstrate proficiency in braille.
SB468, s. 11 10Section 11. 118.19 (8) of the statutes, as affected by 1997 Wisconsin Act 27,
11is amended to read:
SB468,6,1612 118.19 (8) Beginning July 1, 1992, the The state superintendent may not grant
13to any person a license to teach unless the person has received instruction in the
14study of minority group relations, including instruction in the history, culture and
15tribal sovereignty of the federally recognized American Indian tribes and bands
16located in this state.
Note: The amendment to this statute deletes an outdated starting date for a
requirement that prospective teacher licensees have received instruction in the study of
minority group relations.
SB468, s. 12 17Section 12. 118.19 (9) (a) (intro.) of the statutes, as affected by 1997 Wisconsin
18Act 27
, is amended to read:
SB468,7,219 118.19 (9) (a) (intro.) Except as provided in par. (b), beginning on July 1, 1996,
20the state superintendent may not issue an initial teaching license, school district

1administrator's license or school administrator's license unless the applicant has
2demonstrated competency in all of the following:
Note: The amendment to this statute deletes an outdated starting date for
issuance of an initial teaching license by DPI upon the applicant's demonstration of
competence in certain specified areas.
SB468, s. 13 3Section 13. 118.19 (10) (c) of the statutes, as affected by 1997 Wisconsin Act
427
, is amended to read:
SB468,7,125 118.19 (10) (c) If the person under par. (b) is a nonresident, or if the state
6superintendent determines that the person's employment, licensing or state court
7records provide a reasonable basis for further investigation, the state
8superintendent shall require the person to be photographed and fingerprinted on 2
9fingerprint cards, each bearing a complete set of the person's fingerprints. The
10department of justice may provide for the submission of the fingerprint cards to the
11federal bureau of investigation for the purposes of verifying the identity of the person
12fingerprinted and obtaining records of his or her criminal arrest and conviction.
Note: The amendment to this statute deletes the requirement that nonresident or
selected other applicants for an initial teaching license be photographed in addition to
fingerprinted. According to DPI, these photographs are not used or needed.
SB468, s. 14 13Section 14. 118.33 (1) (a) (intro.) of the statutes is amended to read:
SB468,7,1614 118.33 (1) (a) (intro.) Except as provided in par. (d), beginning on September
151, 1988,
a school board may not grant a high school diploma to any pupil unless the
16pupil has earned:
Note: The amendment to this statute deletes an outdated starting date regarding
high school graduation standards.
SB468, s. 15 17Section 15. 118.33 (1) (b) of the statutes is amended to read:
SB468,8,618 118.33 (1) (b) Beginning September 1, 1988, a A school board may not grant a
19high school diploma to any pupil unless, during the high school grades, the pupil has
20been enrolled in a class or has participated in an activity approved by the school

1board during each class period of each school day, or the pupil has been enrolled in
2an alternative education program, as defined in s. 115.28 (7) (e) 1. Nothing in this
3paragraph prohibits a school board from establishing a program that allows a pupil
4enrolled in the high school grades who has demonstrated a high level of maturity and
5personal responsibility to leave the school premises for up to one class period each
6day if the pupil does not have a class scheduled during that class period.
Note: The amendment to this statute deletes an outdated starting date regarding
high school graduation standards.
SB468, s. 16 7Section 16. 118.55 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 27,
8is amended to read:
SB468,8,199 118.55 (2) (a) Beginning in the 1992-93 school year, any Any public school pupil
10enrolled in the 11th or 12th grade who is not attending a technical college under sub.
11(7r) or s. 118.15 (1) (b) may enroll in an institution of higher education for the purpose
12of taking one or more nonsectarian courses at the institution of higher education,
13subject to par. (b). The pupil shall submit an application to the institution of higher
14education in the previous school semester. The pupil shall indicate on the application
15whether he or she will be taking the course or courses for high school credit or
16postsecondary credit. The pupil shall also specify on the application that if he or she
17is admitted the institution of higher education may disclose the pupil's grades, the
18courses that he or she is taking and his or her attendance record to the public school
19in which the pupil is enrolled.
Note: The amendment to this statute deletes an outdated starting date regarding
permitting high school pupils to enroll in postsecondary education courses.
SB468, s. 17 20Section 17 . 119.04 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
21is amended to read:
SB468,9,8
1119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c),
2115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
3(2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to
4118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20,
5118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 118.51,
6118.52, 118.55, 120.12 (5) and (15) to (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14),
7(17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school
8district and board.
Note: The amendment to this statute deletes an obsolete statutory reference to
grants for collaborative service programs.
SB468, s. 18 9Section 18 . 119.23 (2) (a) (intro.) of the statutes is amended to read:
SB468,9,1210 119.23 (2) (a) (intro.) Subject to par. (b), beginning in the 1990-91 school year,
11any pupil in grades kindergarten to 12 who resides within the city may attend, at no
12charge, any private school located in the city if all of the following apply:
SB468, s. 19 13Section 19. 119.23 (2) (b) of the statutes is amended to read:
SB468,9,2014 119.23 (2) (b) In the 1995-96 school year, no more than 7% of the school
15district's membership may attend private schools under this section. Beginning in
16the 1996-97 school year, no
No more than 15% of the school district's membership
17may attend private schools under this section. If in any school year there are more
18spaces available in the participating private schools than the maximum number of
19pupils allowed to participate, the department shall prorate the number of spaces
20available at each participating private school.
Note: In Sections 17 and 18, the amendments to these statutes delete outdated
starting dates regarding attendance at private schools under the Milwaukee parental
choice program.
SB468, s. 20 21Section 20. 119.496 (6) (a) of the statutes is amended to read:
SB468,10,2
1119.496 (6) (a) The board adopts a resolution declaring its intention to comply
2with s. 119.497, 1995 stats., and notifies the secretary of administration of its action.
Note: The amendment to this statute deletes an outdated reference to the 1995
statutes in a statute relating to borrowing on promissory notes.
SB468, s. 21 3Section 21. 119.497 of the statutes, as affected by 1997 Wisconsin Act 27, is
4repealed.
Note: This provision repeals the statute relating to a facility plan to be submitted
by the Milwaukee board of education and which was due to the DPI and the legislative
audit bureau by December 1, 1992. This statute is now outdated.
SB468, s. 22 5Section 22. 119.55 (1) (b) of the statutes is amended to read:
SB468,10,76 119.55 (1) (b) Beginning on July 1, 1996, the The board shall establish 2 youth
7service centers under par. (a).
Note: The amendment to this statute deletes an outdated starting date for a
requirement that the Milwaukee board of education establish 2 youth service centers.
SB468, s. 23 8Section 23. 119.55 (2) of the statutes is amended to read:
SB468,10,119 119.55 (2) Beginning on July 1, 1996, the The board shall pay the city a sum
10sufficient to pay the costs of salaries and fringe benefits of 4 law enforcement officers
11to work on truancy abatement and burglary suppression on a full-time basis.
Loading...
Loading...