LRB-2658/1
PG:wlj:pg
2007 - 2008 LEGISLATURE
July 3, 2007 - Introduced by Representatives Schneider, A. Williams, Zepnick,
Gronemus, Soletski, Sheridan, Staskunas, Turner, Vruwink, Molepske and
Fields. Referred to Committee on Education.
AB428,1,2
1An Act to create 115.49 of the statutes;
relating to: the implementation and
2administration of federal education laws.
Analysis by the Legislative Reference Bureau
This bill directs the Department of Public Instruction (DPI) to do all of the
following:
1. Resolve conflicts between provisions of federal education laws and between
provisions of state and federal education laws by giving first priority to meeting state
goals, program needs, and accountability requirements.
2. Construe federal education laws to advance the best interest of pupils and
to maximize local control and flexibility.
3. Minimize the amount of additional state resources that are diverted to
implement federal education laws.
4. Request changes to federal education laws and regulations, especially those
that are underfunded or that conflict with state laws or rules or with other federal
laws or regulations.
5. Seek waivers from federal education laws and regulations to maximize this
state's flexibility in implementing them and to obtain a reasonable time to comply
with them.
In addition, the bill directs DPI to request a waiver from any provision of the
federal No Child Left Behind Act that mandates, directs, or controls the allocation
of state or local resources or any school district's or school's curriculum or program
of instruction, or mandates the state or any political subdivision of the state to spend
any funds or incur any costs not paid for under the act.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB428, s. 1
1Section
1. 115.49 of the statutes is created to read:
AB428,2,3
2115.49 Federal programs; department duties. (1) The department shall
3do all of the following:
AB428,2,54
(a) Resolve conflicts between provisions of federal education laws and between
5provisions of state and federal education laws in the following manner:
AB428,2,76
1. Give first priority to meeting state goals, program needs, and accountability
7requirements.
AB428,2,108
2. Give 2nd priority to meeting federal goals, program needs, and
9accountability requirements that do not directly and simultaneously advance state
10goals, program needs, and accountability requirements.
AB428,2,1211
(b) Construe the provisions of federal education laws to advance the best
12interests of pupils and to maximize local control and flexibility.
AB428,2,1513
(c) Minimize the amount of additional state resources that are diverted to
14implement federal education laws beyond the federal moneys that are provided to
15implement those laws.
AB428,2,1816
(d) Request changes to federal education laws and regulations, especially those
17that are determined to be underfunded or that conflict with state laws or rules or
18with other federal laws or regulations.
AB428,2,2119
(e) Seek waivers from federal education laws and regulations to maximize this
20state's flexibility in implementing them and to obtain a reasonable time to comply
21with them.
AB428,3,2
1(2) (a) In this subsection, "act" means the federal No Child Left Behind Act,
20
2USC 6301 to
7941.
AB428,3,43
(b) The department shall determine whether the act requires the expenditure
4of state or local resources to comply with the act.
AB428,3,105(c) The department shall request a waiver under
20 USC 7861 (b) of any
6provision of the act that, notwithstanding
20 USC 7907 (a), mandates, directs, or
7controls the allocation of state or local resources or any school district's or school's
8curriculum or program of instruction, or mandates the state or any political
9subdivision of the state to spend any funds or incur any costs not paid for under the
10act.
