LRB-4049/1
PG:bjk:nwn
2007 - 2008 LEGISLATURE
March 4, 2008 - Introduced by Representatives Davis, Berceau, Hahn, Molepske
and Turner, cosponsored by Senators Lehman, Darling, Erpenbach, Olsen,
Roessler
and Schultz. Referred to Committee on Education.
AB906,1,3 1An Act to amend 115.88 (1m); and to create 115.88 (1m) (b) of the statutes;
2relating to: state special education aid for the salaries of certain pupil services
3personnel and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Currently, the salaries of school nurses, school social workers, school
psychologists, and school counselors employed for a special education program are
among the costs that are eligible to be reimbursed by the state through special
education aid. If the amount appropriated for such aid is insufficient to fully
reimburse the costs, the amount paid is prorated.
This bill directs the Department of Public Instruction to determine the average
percentage of work time that each of the personnel categories specified above spends
providing services to children with disabilities, and provides that that percentage of
the salaries of personnel in that category is the cost eligible for reimbursement from
the state.
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:
AB906, s. 1 4Section 1. 115.88 (1m) of the statutes is amended to read:
AB906,2,12
1115.88 (1m) Program aid. (a) If Subject to par. (b), upon receipt of the plan
2under s. 115.77 (4), if the state superintendent is satisfied that the special education
3program has been maintained during the preceding school year in accordance with
4law, the state superintendent shall certify to the department of administration in
5favor of each county, cooperative educational service agency, and school district
6maintaining such special education program a sum equal to the amount expended
7by the county, agency, and school district during the preceding year for salaries of
8personnel enumerated in sub. (1), the salary portion of any authorized contract for
9physical or occupational therapy services; the salary portion of any contract to
10provide special education services to pupils attending a charter school, as authorized
11under sub. (1); and other expenses approved by the state superintendent, as costs
12eligible for reimbursement from the appropriation under s. 20.255 (2) (b).
AB906,3,213 (am) If Subject to par. (b), if the operator of a charter school established under
14s. 118.40 (2r) operates a special education program and the state superintendent is
15satisfied that the operator of the charter school is complying with 20 USC 1400 to
161491o, the state superintendent shall certify to the department of administration in
17favor of the operator of the charter school a sum equal to the amount that the operator
18of the charter school expended during the previous school year for salaries of
19full-time or part-time licensed teachers, licensed coordinators of special education,
20licensed school nurses, licensed school social workers, licensed school psychologists,
21licensed school counselors, paraprofessionals, licensed consulting teachers to work
22with any teacher of regular education programs who has a child with a disability in
23a class and any other personnel, as determined by the state superintendent.
24Certified costs under this paragraph are
, as costs eligible for reimbursement from

1the appropriation under s. 20.255 (2) (b). The state superintendent may audit costs
2under this paragraph and adjust reimbursement to cover only actual, eligible costs.
AB906, s. 2 3Section 2. 115.88 (1m) (b) of the statutes is created to read:
AB906,3,104 115.88 (1m) (b) The department shall promulgate rules establishing the
5percentage of the salaries of licensed school nurses, licensed school social workers,
6licensed school psychologists, and licensed school counselors that may be certified
7under pars. (a) and (am) as costs eligible for reimbursement. For each category of
8personnel, the department shall base the percentage on the average percentage of
9work time that the category spends providing services to children with disabilities,
10including conducting evaluations under s. 115.782.
AB906, s. 3 11Section 3. Initial applicability.
AB906,3,1212 (1) This act first applies to state aid distributed in the 2008-09 school year.
AB906,3,1313 (End)
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