reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.72 - Establishment of programs.

115.72
Establishment of programs.
(1)
Any school district enrolling American Indian pupils, or alternative school, may establish, on a voluntary basis, an American Indian language and culture education program. The program shall be designed to:
(a)
Make the school curriculum more relevant to the needs, interests and cultural heritage of American Indian pupils.
(b)
Provide reinforcement of the positive self-image of American Indian pupils.
(c)
Develop intercultural awareness among pupils, parents and staff.
(2)
The American Indian language and culture education program may include:
(a)
Instruction in American Indian language, literature, history and culture.
(b)
In-service training and technical assistance for staff in regard to methods of teaching American Indian pupils.
(c)
Vocational education and counseling for American Indian pupils.
(d)
Modification of curriculum, instructional methods and administrative procedures to meet the needs of American Indian pupils.
(e)
Tests of the academic achievement of the American Indian pupils enrolled.
(f)
Identification of the educational needs of the American Indian pupils enrolled.
(g)
Classification of American Indian pupils enrolled by grade, level of education, age and achievement.
(3)
The school board of a district establishing an American Indian language and culture education program may designate the school or schools in which the program shall be offered. The parent or guardian of an American Indian pupil may transfer the pupil to the school in which the program is offered, if it is in the same district, in order for the pupil to participate in the program.
(4)
American Indian language and culture education programs established under this subchapter shall be located in school facilities in which regular classes in a variety of subjects are offered on a daily basis.
History:  1979 c. 346.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.73 - Program requirements.

115.73
Program requirements.
(1)
Each school district and alternative school, before establishing a program under this subchapter, shall develop a plan which:
(a)
Identifies the activities, methods and programs to be used to meet the identified educational needs of the pupils to be enrolled in the program.
(b)
Describes how the program will be organized, staffed, coordinated and evaluated.
(c)
Estimates the costs of the program.
(2)
Each school district and alternative school operating a program under this subchapter shall maintain records concerning the number of American Indian pupils enrolled in the program and of all sums expended in connection with the program. The school district or alternative school shall make affirmative efforts to encourage participation of American Indian pupils in the program by providing for meetings with parents and guardians of American Indian pupils to explain the nature of the program.
History:  1979 c. 346.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.735 - Parent advisory committee.

115.735
Parent advisory committee.
(1)
Each school district and alternative school which establishes a program under this subchapter shall establish an American Indian parent advisory committee, appointed by the school board, to afford parents and educators of American Indian pupils the opportunity to advise the school board of their views and to ensure that a program is planned, operated and evaluated with their involvement and consultation. If there is a local tribal education authority, the school board shall appoint committee members from recommendations submitted by the authority.
(2)
The committee shall be composed of parents or guardians of American Indian pupils enrolled in the program, teachers, aides and counselors involved in the program and representatives of local tribal education authorities, but a majority of the members of each committee shall be parents or guardians of American Indian pupils enrolled in the program.
(3)
If an advisory committee exists which meets the requirements of sub. (2), it may serve as the parent advisory committee. If the school board consists solely of parents or guardians of American Indian pupils, it may serve as the parent advisory committee.
History:  1979 c. 346.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.74 - Assessment of needs and evaluation of resources.

115.74
Assessment of needs and evaluation of resources.
(1)
On or before July 1 in every even-numbered year, the state superintendent shall:
(a)
Conduct a statewide assessment of the need for American Indian language and culture education programs. The assessment shall include information on:
1.
Numbers, ages, location and tribal affiliation of American Indian pupils.
2.
Concentration of American Indian pupils in attendance areas, as defined in s. 121.845 (1), within each school district by tribal affiliation.
3.
Rates of American Indian children receiving special education and related services under subch. V of ch. 115 in comparison with statewide and district-wide rates.
4.
Advancement, achievement levels and dropout rates of American Indian pupils in comparison with average advancement and dropout rates.
5.
Participant response to the program.
(b)
Evaluate the American Indian language and culture education programs established under this subchapter. Alternative school programs shall be evaluated under this paragraph only with the permission of the school.
(2)
Annually, on or before July 1, the state superintendent shall evaluate all available resources and programs which are or could be directed toward meeting the educational needs of American Indian pupils. The evaluation shall include information on:
(a)
Numbers, locations and qualifications of teachers, administrators, counselors and others from American Indian backgrounds who are interested in working in American Indian language and culture education programs.
(b)
Programs in this state designed for the preparation of American Indian language and culture education teachers.
(c)
The effectiveness of programs for American Indian pupils in this state other than programs established under this subchapter.
(d)
The effectiveness of preservice and in-service programs for staffs of American Indian language and culture education programs.
(e)
The tests, criteria, procedures and methods used to identify, test, assess and classify American Indian pupils.
(3)
The assessment of needs under sub. (1) (a) and the evaluation of resources under sub. (2) shall be performed on Indian reservations and in other Indian communities recognized by the federal government only in conjunction with, or with the permission of, the respective tribal governments.
(4)
The state superintendent shall prepare a biennial report which shall be included as an addendum to the department's biennial report under s. 15.04 (1) (d). The report shall include the results of the most recent assessment of needs and evaluation of programs under sub. (1), the evaluation of resources under sub. (2) and recommendations for legislation in the area of American Indian language and culture education.
History:  1979 c. 346; 1983 a. 189 s. 329 (17m); 1983 a. 524; 1985 a. 29 s. 3202 (43); 1989 a. 56; 1997 a. 27, 164.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.745 - Tribal language revitalization grants.

115.745
Tribal language revitalization grants.
(1)
A school board, a cooperative educational service agency, or an agency determined by the state superintendent to be eligible for designation under 42 USC 9836 as a head start agency, in conjunction with a tribal education authority, may apply to the department for a grant for the purpose of supporting innovative, effective instruction in one or more American Indian languages.
(2)
The department shall award grants under sub. (1) from the appropriation under s. 20.255 (2) (km).
(3)
The department shall promulgate rules to implement and administer this section.
History:  2009 a. 28; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.758 - Construction.

115.758
Construction.
To the extent possible, this subchapter shall be construed in a manner that is consistent with 20 USC 1400 to 1482 and is consistent with the purposes specified in 20 USC 1400 (d).
History:  1997 a. 164; 2005 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.775 - Duties of operators of certain charter schools.

115.775
Duties of operators of certain charter schools.
(1)
Except as provided in sub. (2), an operator of a charter school under s. 118.40 (2r) or (2x) is a local educational agency, as defined in 20 USC 1401 (19), and shall comply with 20 USC 1400 to 1482.
(2)
The board of directors of the school district operating under ch. 119 is a local educational agency under this section and shall comply with 20 USC 1400 to 1482 if the board of directors enters into a written agreement with an operator of a charter school under s. 118.40 (2r) or (2x) under which the board of directors agrees to serve as the local educational agency.
History:  1999 a. 9; 2005 a. 258; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.79 - Educational placements.

115.79
Educational placements.
(1)
Each local educational agency shall ensure that all of the following occur:
(a)
An evaluation is conducted under s. 115.782 before special education and related services are provided to a child with a disability.
(b)
An educational placement is provided to implement a child's individualized education program. Except as provided in s. 118.51 (12) (b), if a child with a disability is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide an educational placement for the child and shall pay tuition charges instead of the school district in which the child resides if required by the placement.
(c)
To the maximum extent appropriate, a child with a disability, including a child receiving publicly funded special education in a public or private institution or other care facility, is educated with nondisabled children.
(d)
Special classes, separate schooling or other removal of a child with a disability from the regular educational environment occurs only when the nature or severity of the child's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
(2)
A local educational agency shall seek to obtain informed consent from the parent of a child with a disability before providing special education and related services to the child. If the parent of a child with a disability denies consent, the local educational agency shall not provide special education and related services to the child. If the parent of a child with a disability denies consent or does not respond to a request for consent, all of the following apply:
(a)
The local educational agency is not in violation of the requirement to make available to the child a free appropriate public education.
(b)
The local educational agency is not required to convene an individualized education program team meeting or to develop an individualized education program for the child for the special education and related services for which the local educational agency sought consent.
History:  1997 a. 164; 1999 a. 117; 2005 a. 258; 2015 a. 55; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.807 - Transfer of parental rights at age of majority.

115.807
Transfer of parental rights at age of majority.
When a child with a disability, other than a child with a disability who has been adjudicated incompetent in this state, reaches the age of 18, all of the following apply:
(1)
The local educational agency shall provide any notice required by this subchapter to both the individual and the individual's parents.
(2)
All other rights accorded to the individual's parents under this subchapter transfer to the individual.
(3)
The local educational agency shall notify the individual and the individual's parents of the transfer of rights.
(4)
The local educational agency shall provide the individual and the individual's parents with information on supported decision-making under ch. 52, other alternatives to guardianship, and strategies to remain engaged in the individual's secondary education.
History:  1997 a. 164; 2005 a. 387; 2017 a. 345; 2021 a. 238 s. 44.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.812 - Placement disputes; school board referrals; interagency cooperation.

115.812
Placement disputes; school board referrals; interagency cooperation.
(1)
Placement disputes. If a dispute arises between a local educational agency and the department of children and families, the department of corrections, or a county department under s. 46.215, 46.22, or 46.23, or between local educational agencies under s. 115.81 (4) (c), over the placement of a child, the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.57 (1) (c) and to placements in residential care centers for children and youth made under s. 115.81.
(2)
School board referrals. Annually on or before August 15, each local educational agency shall report to the appropriate county departments under ss. 51.42 and 51.437 the names of children who reside in the local educational agency, are at least 16 years of age, are not expected to be enrolled in an educational program 2 years from the date of the report and may require services described under s. 51.42 or 51.437 (1). This subsection does not affect a local educational agency's responsibility to make services available to children with disabilities.
(3)
Interagency cooperation.
(a)
A school board, cooperative educational service agency and county children with disabilities education board may enter into an agreement with a county administrative agency, as defined in s. DHS 90.03 (10), Wis. Adm. Code, to allow the employees of the school board, agency or county children with disabilities education board to participate in the performance of evaluations and the development of individualized family service plans under s. 51.44.
(b)
1.
In this paragraph, “ public agency" has the meaning given in s. 323.60 (1) (i), except that it excludes a local educational agency.
2.
If a public agency that is required by federal or state law or by an interagency agreement to provide or pay for the location, identification or evaluation of a child with a disability, including a child with a disability who is not yet 3 years of age, or for assistive technology devices or services, supplementary aids or services, transition services or special education or related services for a child with a disability, and fails to do so, the local educational agency shall provide or pay for the services. The public agency shall reimburse the local educational agency for the cost of providing the services.
History:  1997 a. 164; 2005 a. 258; 2007 a. 20; 2009 a. 42, 180, 185.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.82 - Admission and transportation of nonresidents.

115.82
Admission and transportation of nonresidents.
(1)
A cooperative educational service agency, county children with disabilities education board or school district that provides special education and related services shall admit a nonresident if the program is appropriate for the child's disability. Refusal to admit a child does not relieve the local educational agency that is responsible for providing a free, appropriate public education to the child under this subchapter from that responsibility.
(2)
In addition to the requirements of s. 121.54 (3), when board and lodging are not furnished to a nonresident child with a disability, the school district in which the child resides shall provide transportation, except as follows:
(a)
If there is a plan of transportation under s. 115.817 (8), the county children with disabilities education board shall provide transportation.
(b)
If the child is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), the nonresident school district shall provide transportation.
(c)
If the child is attending a public school in a nonresident school district under s. 118.50, the school district specified to do so in the whole grade sharing agreement shall provide transportation.
History:  1997 a. 164; 1999 a. 117; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.881 - Additional special education aid.

115.881
Additional special education aid.
(1)
A school board, board of control of a cooperative educational service agency, county children with disabilities education board, or operator of a charter school established under s. 118.40 (2r) or (2x) may apply to the department for aid under this section if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs were not eligible for reimbursement under s. 115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal medicaid.
(2)
For each child whose costs exceeded $30,000 under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.90 multiplied by that portion of the cost under sub. (1) that exceeded $30,000.
(3)
If the appropriation under s. 20.255 (2) (bd) is insufficient to pay the full amount of costs under sub. (2), the department shall prorate payments among eligible applicants.
History:  2005 a. 25; 2007 a. 20; 2015 a. 55; 2017 a. 59; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.882 - Payment of state aid.

115.882
Payment of state aid.
Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, not to exceed 100 percent.
History:  1997 a. 164; 1999 a. 9; 2001 a. 104; 2003 a. 33; 2005 a. 25.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.884 - Special education transition grants.

115.884
Special education transition grants.
(1)
In the 2016-17 school year and each school year thereafter, from the appropriation under s. 20.255 (2) (bf), the department shall award an incentive grant in the amount of $1,000 per individual to a school district, or to an operator of a charter school established under s. 118.40 (2r) or (2x), that applies for a grant under this section and that demonstrates to the satisfaction of the department that the individual satisfies all of the following criteria:
(a)
During the school year prior to the school year preceding the school year in which a school district or operator of the charter school applies to receive a grant under this section, all of the following criteria apply to the individual:
1.
The individual was enrolled in a high school in the school district or in a high school grade in the charter school.
2.
The individual exited the high school in the school district or exited the charter school.
3.
An individualized education program was in effect for the individual.
(b)
At the time the school district or the operator of the charter school applies to receive a grant under this section, one of the following criteria applies to the individual:
1.
The individual had enrolled in a higher education program within one year of exiting high school. In this subdivision, “higher education program" means a 4-year program at a college or university, a 2-year program at a college or community college, or a 2-year program at a technical college.
2.
The individual had enrolled in other postsecondary education or training within one year of exiting high school. In this subdivision, “other postsecondary education or training" includes a high school completion or equivalency program, a vocational school, an apprenticeship or short-term training program, an on-the-job training program, an adult education program, and a program, other than a 2-year program, at a vocational or technical school.
3.
The individual had been, or remains, competitively employed within one year of exiting high school. In this subdivision, “competitively employed" means 90 days or more of cumulative or consecutive work paying minimum wage or greater for an average of at least 20 hours per week in a setting with others who are not disabled.
(2)
If the appropriation under s. 20.255 (2) (bf) in any fiscal year is insufficient to pay the full amount under sub. (1), the department shall prorate the amount of its payments among school districts and operators of charter schools established under s. 118.40 (2r) or (2x) that are eligible for an incentive grant under this section.
History:  2015 a. 55; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.885 - Special education transition readiness grant program.

115.885
Special education transition readiness grant program.
(1)
Beginning in the 2018-19 school year, the department shall award grants to school districts and charter schools under s. 118.40 (2r) and (2x) to fund special education workforce transition support services, including pupil transportation, professional development for school personnel, and employing adequate school personnel.
(2)
The department shall award grants under sub. (1) from the appropriation under s. 20.255 (2) (bg). The department may not award a grant under sub. (1) in an amount that is less than $25,000 nor more than $100,000.
(3)
The department shall promulgate rules to implement and administer this section.
History:  2017 a. 59; 2017 a. 364 s. 49.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.897 - Exhaustion of remedies.

115.897
Exhaustion of remedies.
Before the filing of a civil action under any federal law seeking any relief that is also available under this subchapter, the procedures under s. 115.80 shall be exhausted to the same extent as would be required had the action been brought under this subchapter.
History:  1997 a. 164.
A plaintiff is not required to exhaust the administrative procedures under the federal Individuals with Disabilities Education Act (IDEA) before seeking relief under other federal antidiscrimination statutes, such as the Americans with Disabilities Act of 1990, if the remedy a plaintiff seeks is not one IDEA provides. Perez v. Sturgis Public Schools, 598 U.S. ___, 143 S. Ct. 859, 215 L. Ed. 2d 95 (2023).
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.898 - Rule making.

115.898
Rule making.
Section 227.16 (2) (b) does not apply to a proposed rule if the proposed rule brings ch. PI 11, Wis. Adm. Code, into conformity with 1997 Wisconsin Act 164.
History:  1997 a. 164.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.90 - Noncompliance; remedies.

115.90
Noncompliance; remedies.
(1)
If, as the result of a monitoring procedure or a complaint investigation, the state superintendent finds that a local educational agency has violated this subchapter, the state superintendent may require the local educational agency to submit a corrective plan addressing the violation.
(2)
If the state superintendent, after reasonable notice and an opportunity for a hearing, finds that a local educational agency has failed to comply with any requirement in this subchapter, the state superintendent shall reduce or eliminate special education aid to the local educational agency until he or she is satisfied that the local educational agency is complying with that requirement.
(3)
If the state superintendent finds that a corrective plan under sub. (1) has not been implemented, or that withholding aid under sub. (2) has been inadequate to ensure compliance with this subchapter, the state superintendent shall request the attorney general to proceed against the local educational agency for injunctive or other appropriate relief.
History:  1997 a. 164.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.91 - Definition.

115.91
Definition.
In this subchapter, “school age parent" means any person under the age of 21 who is not a high school graduate and is a parent, an expectant parent or a person who has been pregnant within the immediately preceding 120 days.
History:  1983 a. 374; 1985 a. 29, 56; 1991 a. 269.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.915 - Availability of program services and modifications.

115.915
Availability of program services and modifications.
Each school board shall make available to any school age parent who is a resident of the school district program modifications and services that will enable the pupil to continue his or her education.
History:  1985 a. 29 s. 1712; 1985 a. 56; Stats. 1985 s. 115.915.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.92 - Establishment of programs; rules.

115.92
Establishment of programs; rules.
(1)
Any school board may establish a program for school age parents who are residents of the school district. The program shall be designed to provide services and instruction to meet the needs of school age parents, including education on the skills required of a parent; family planning, as defined in s. 253.07 (1) (a), including natural family planning; and instruction on adoption and adoption services. The instruction provided on adoption and adoption services shall include instruction on the options available and the procedures followed in independent and agency adoptions, including current practices regarding a birth parent's involvement in the selection of an adoptive home and the sharing of information between birth parents and adoptive parents, instruction on the impact of adoption on birth parents and children who have been adopted and an explanation that the adoption process may be initiated even after a child has been born and has left the hospital. The program shall be coordinated with existing vocational and job training programs in the school district.
(2)
(a)
Annually, and at such other times as the department requires, every school board that establishes a program under this subchapter shall submit a written report to the department. The report shall specify the number of school age parents instructed or provided service.
(b)
Annually, on or before September 15, each school board maintaining a program under this subchapter shall submit to the department an itemized statement on oath of all revenues and expenditures related to the program during the preceding school year.
(3)
The state superintendent shall by rule establish criteria for the approval of programs established under this subchapter for the purpose of determining those programs eligible for aid under s. 115.93.
History:  1983 a. 374; 1985 a. 56; 1987 a. 158; 1991 a. 39; 1995 a. 27 s. 9145 (1); 1997 a. 27, 104, 240, 252; 1999 a. 19.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.93 - State aid.

115.93
State aid.
If upon receipt of the reports under s. 115.92 (2) the state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).
History:  1983 a. 374; 1985 a. 29 ss. 1707s, 3202 (43); 1985 a. 56; 1987 a. 27, 338; 1989 a. 31; 1991 a. 269; 1995 a. 27; 1997 a. 27; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.95 - Legislative findings and declaration of policy.

115.95
Legislative findings and declaration of policy.
(1)
The legislature finds that:
(a)
There are pupils in this state who enter elementary and secondary school with limited or nonexistent English speaking ability due to the use of another language in their family or in their daily, nonschool environment.
(b)
Classes conducted in English do not always provide adequate instruction for children whose English language abilities are limited or nonexistent.
(c)
It is beneficial to pupils from bicultural and monocultural backgrounds to participate in bilingual-bicultural programs where such programs are available in order to instill respect for non-English languages and cultures in all pupils.
(2)
It is the policy of this state to provide equal educational opportunities by ensuring that necessary programs are available for limited-English proficient pupils while allowing each school district maximum flexibility in establishing programs suited to its particular needs. To this end, this subchapter establishes bilingual-bicultural education programs for pupils in school districts with specified concentrations of limited-English proficient pupils in the attendance areas of particular schools.
(3)
It is the policy of this state to reimburse school districts, in substantial part, for the added costs of providing the programs established under this subchapter.
(4)
It is the policy of this state that a limited-English proficient pupil participate in a bilingual-bicultural education program only until such time as the pupil is able to perform ordinary classwork in English.
(5)
It is the policy of this state that fundamental courses may be taught in the pupil's non-English language to support the understanding of concepts, while the ultimate objective shall be to provide a proficiency in those courses in the English language in order that the pupil will be able to participate fully in a society whose language is English.
(6)
Furthermore, it is the policy of this state to encourage reform, innovation and improvement in graduate education, in the structure of the academic profession and in the recruitment and retention of higher education and graduate school faculties, as related to bilingual-bicultural education, and to give special recognition to persons who possess a reading ability and speaking fluency in a non-English language and an understanding of another culture.
History:  1975 c. 395; 1987 a. 159; 1999 a. 19.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.955 - Definitions.

115.955
Definitions.
In this subchapter:
(2)
“Bilingual-bicultural education program" means a program designed to improve the comprehension and the speaking, reading and writing ability of a limited-English proficient pupil in the English language, so that the pupil will be able to perform ordinary classwork in English.
(3)
“Bilingual counselor" means a certified school counselor approved by the state superintendent under s. 115.28 (15) (a).
(4)
“Bilingual counselor's aide" means a person who is employed to assist a counselor and who is approved by the state superintendent under s. 115.28 (15) (a).
(5)
“Bilingual teacher" means a certified teacher approved by the state superintendent under s. 115.28 (15) (a).
(6)
“Bilingual teacher's aide" means a person who is employed to assist a teacher and who is approved by the state superintendent under s. 115.28 (15) (a).
(7)
“Limited-English proficient pupil" means a pupil whose ability to use the English language is limited because of the use of a non-English language in his or her family or in his or her daily, nonschool surroundings, and who has difficulty, as defined by rule by the state superintendent, in performing ordinary classwork in English as a result of such limited English language proficiency.
History:  1975 c. 395; 1977 c. 203 s. 106; 1983 a. 189; 1987 a. 159; 1995 a. 27 s. 9145 (1); 1995 a. 27; 1999 a. 19.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.977 - Contracting; continued eligibility.

115.977
Contracting; continued eligibility.
(2)
A school district may establish bilingual-bicultural education programs by contracting with other school districts or with a cooperative educational service agency. If 10 or more pupils in kindergarten to grade 3, 20 or more in grades 4 to 8 or 20 or more in a high school program are enrolled in a program under a contract pursuant to this subsection, the school district offering the program is eligible for reimbursement under s. 115.995.
(3)
The school board shall give any limited-English proficient pupil who has begun a bilingual-bicultural education program in the 3rd grade the opportunity to continue his or her bilingual-bicultural education program in the 4th grade regardless of the number of limited-English proficient pupils in grades 4 to 8. However, if there are not a sufficient number of limited-English proficient pupils in grades 4 to 8 to require a bilingual-bicultural education program under sub. (2), the school board may offer such pupil the opportunity to continue a bilingual-bicultural education program with a program established for limited-English proficient pupils in kindergarten to grade 3. A 4th grade pupil so enrolled may be counted for purposes of determining if there are a sufficient number of pupils for a kindergarten to grade 3 bilingual-bicultural education program.
History:  1975 c. 395; 1999 a. 19.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.98 - Bilingual-bicultural advisory committee.

115.98
Bilingual-bicultural advisory committee.
In each school district which establishes a bilingual-bicultural education program under this subchapter, the school board may appoint a bilingual-bicultural advisory committee to afford parents and educators of limited-English proficient pupils the opportunity to advise the school board of their views and to ensure that a program is planned, operated and evaluated with their involvement and consultation. The committee shall assist the school board in informing educators, parents and legal custodians of limited-English proficient pupils that a program exists. The committee shall be composed of parents of limited-English proficient pupils enrolled in the bilingual-bicultural education program, bilingual and other teachers, bilingual teacher's aides, bilingual and other counselors and bilingual counselor's aides in the district, at least one representative from the community and a representative of the school district administration.
History:  1975 c. 395; 1999 a. 19.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.99 - Preschool and summer school programs.

115.99
Preschool and summer school programs.
A school board may establish a full-time or part-time preschool or summer bilingual-bicultural education program according to rules established by the state superintendent.
History:  1975 c. 395; 1995 a. 27 s. 9145 (1); 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.991 - Training programs.

115.991
Training programs.
The school board may institute preservice or in-service programs designed to improve the skills of bilingual teachers, bilingual teacher's aides, bilingual counselors, bilingual counselor's aides or other personnel participating in, or preparing to participate in, a bilingual-bicultural education program.
History:  1975 c. 395.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.993 - Report on bilingual-bicultural education.

115.993
Report on bilingual-bicultural education.
Annually, on or before August 15, the school board of a district operating a bilingual-bicultural education program under this subchapter shall report to the state superintendent the number of pupils, including both limited-English proficient pupils and other pupils, instructed the previous school year in bilingual-bicultural education programs, an itemized statement on oath of all disbursements on account of the bilingual-bicultural education program operated during the previous school year and a copy of the estimated budget for that program for the current school year.
History:  1975 c. 395; 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 a. 19.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.995 - State aids.

115.995
State aids.
Upon receipt of the report under s. 115.993, if the state superintendent is satisfied that the bilingual-bicultural education program for the previous school year was maintained in accordance with this subchapter, the state superintendent shall do all of the following:
(1)
From the appropriation under s. 20.255 (2) (cc), divide proportionally, based upon costs reported under s. 115.993, an annual payment of $250,000 among school districts whose enrollments in the previous school year were at least 15 percent limited-English proficient pupils. Aid paid under this subsection does not reduce aid paid under sub. (2).
(2)
Certify to the department of administration in favor of the school district a sum equal to a percentage of the amount expended on limited-English proficient pupils by the school district during the preceding year for salaries of personnel participating in and attributable to bilingual-bicultural education programs under this subchapter, special books and equipment used in the bilingual-bicultural programs and other expenses approved by the state superintendent. The percentage shall be determined by dividing the amount in the appropriation under s. 20.255 (2) (cc) in the current school year less $250,000 by the total amount of aidable costs in the previous school year.
History:  1975 c. 395; 1985 a. 29; 1991 a. 39; 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 a. 9, 19, 185.
2023 Wisconsin Statutes & Annotations › Chapter 115 - State superintendent; general classifications and definitions; children with disabilities. › 115.996 - Report to the legislature.

115.996
Report to the legislature.
Annually, on or before December 31, the state superintendent shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the status of bilingual-bicultural education programs established under this subchapter. The report shall include the number of pupils served in bilingual-bicultural education programs for each language group in each school district in which such programs are offered and the cost of the program per pupil for each school district, language group and program type. The department shall also provide the number of pupils in each school district and language group who as a result of participation in a bilingual-bicultural education program improved their English language ability to such an extent that the program is no longer necessary for such pupils.
History:  1975 c. 395; 1987 a. 159, 186, 403; 1995 a. 27 s. 9145 (1); 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 116 - Cooperative educational service agencies. › 116.01 - Purpose.

116.01
Purpose.
The organization of school districts in Wisconsin is such that the legislature recognizes the benefit of a service unit between the school district and the state superintendent. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts and between school districts and the state. Cooperative educational service agencies may provide leadership, coordination, and education services to school districts, University of Wisconsin System institutions, and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public, private, and tribal schools, and all public and private agencies and organizations, that provide services to pupils.
History:  1977 c. 418; 1983 a. 27; 1995 a. 27 ss. 3914e, 9145 (1); 1997 a. 27, 237; 2009 a. 302; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 116 - Cooperative educational service agencies. › 116.015 - Legal status.

116.015
Legal status.
A cooperative educational service agency may in its name enter into contracts authorized by this chapter and may sue and be sued.
History:  1977 c. 221; 1983 a. 27 s. 2200 (42).
A CESA is not a state agency, but is a governmental subdivision. Suits against it or its employees are subject to s. 893.80. Section 893.82 applies to employees of state agencies and does not affect actions against CESA or their employees. Miller v. Mauston School District, 222 Wis. 2d 540, 588 N.W.2d 305 (Ct. App. 1998), 97-1874.
2023 Wisconsin Statutes & Annotations › Chapter 116 - Cooperative educational service agencies. › 116.02 - Board of control; membership.

116.02
Board of control; membership.
(1)
(a)
Each agency shall be governed by a board of control composed of members of school boards of school districts within the agency. Annually on or after the 4th Monday in April, the school board of each school district in the agency shall appoint one of its members as its representative for the purpose of determining the composition of the board of control. For the purpose of determining membership on the board of control, a school district operating elementary grades only and lying in more than one union high school district shall be considered part of the union high school district territory in which the major portion of its equalized valuation lies. The board of control shall hold an annual organizational meeting on or after the 2nd Monday in May. No annual organizational meeting may be held after the 2nd Monday in August.
(c)
The state superintendent shall cause to convene annually on the day that the board of control holds its annual organizational meeting under par. (a) a convention composed of the representative from each school board in the agency. There shall be no more than one representative from each union high school district. The convention may direct the board of control to determine a different date for the annual organizational meeting.
(2)
The annual convention shall establish bylaws for governing the agency, including bylaws for all of the following:
(a)
Subject to sub. (1) (a), setting the date of the annual convention and establishing procedures for calling a special meeting.
(b)
Providing for regular meetings of the board of control.
(c)
Establishing an initial plan of representation for the agency and specifying how the plan may be amended.
(d)
Specifying the number of members on the board of control.
(e)
Specifying what constitutes a vacancy on the board of control and establishing procedures for filling a vacancy on the board of control.
(f)
Specifying the officers on the board of control, establishing procedures for choosing those officers, specifying their terms of office and their duties and establishing procedures for removing them from office.
(g)
Providing for the establishment of fiscal control, responsibility and accountability requirements.
(h)
Designating a public depository.
History:  1979 c. 110; 1981 c. 8; 1983 a. 27; 1993 a. 184, 492; 1995 a. 27 ss. 3914m to 3915s, 9145 (1); 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 116 - Cooperative educational service agencies. › 116.032 - Contracts for services.

116.032
Contracts for services.
(1)
Subject to subs. (2) to (5), for the purpose of providing services to pupils, a board of control may contract with school districts, University of Wisconsin System institutions, technical college district boards, private schools, tribal schools, and agencies or organizations that provide services to pupils. A board of control may also contract with one or more school boards to operate a charter school under s. 118.40 (3) (c).
(2)
A board of control may not contract with any person for the purpose of providing services to any entity specified under sub. (1) unless the entity specified under sub. (1) is authorized to contract directly with that person for those services.
(3)
(a)
A board of control may contract with a private school, tribal school, or private agency or organization to provide a service or program to that private school, tribal school, or private agency or organization only if all of the following apply:
1.
The service or program was developed for and has been provided to public schools.
2.
Providing the service or program will not have a negative effect on the agency's ability to serve school districts.
(b)
Any contract with an entity specified under sub. (1) other than a school district shall require payment for at least the full cost of the service or program provided.
(5)
No contract may be for a term that is longer than 20 years.
History:  1995 a. 27; 1997 a. 237, 238; 1999 a. 32; 2009 a. 302.
Guidelines for possibly avoiding constitutional objections to CESA service contracts with private schools are discussed. 62 Atty. Gen. 75.
2023 Wisconsin Statutes & Annotations › Chapter 116 - Cooperative educational service agencies. › 116.035 - Designation of records custodian.

116.035
Designation of records custodian.
The board of control may, on behalf of any agency authority as defined in s. 19.32 (1), including the agency, the agency administrator and any subunit of the agency, designate one or more individuals to be legal custodians of records.
History:  1981 c. 335.
2023 Wisconsin Statutes & Annotations › Chapter 116 - Cooperative educational service agencies. › 116.04 - Agency administrator.

116.04
Agency administrator.
The board of control shall appoint an individual to serve as agency administrator. The agency administrator shall implement the policies of the board of control.
History:  1977 c. 221; 1983 a. 27; 1993 a. 355; 1995 a. 27.