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Bills from the 2011–12 session

Senate Bill 95

Granting high school credit for extracurricular sports; services provided by a special education program; transportation aid paid to school districts; the use of moneys received by a school district from the common school fund; using the results of standardized examinations to evaluate, discharge, suspend, or discipline a teacher or for the nonrenewal of a teacher's contract; the number of teaching days scheduled in the Milwaukee Public Schools; permitting a school district to limit the grades in which to reduce class size under the Student Achievement Guarantee in Education Program; permitting a school board to deny enrollment to a pupil who has been expelled from an out-of-state school or from an independent charter school in this state and permitting an independent charter school to expel a pupil; use of law enforcement records to take disciplinary action against a pupil under a school district's athletic code; and changing the date by which a school district must certify the amount of its property tax levy

Topics: Children: Special education, Interstate relations, Libraries, Milwaukee: School, Police, Public Instruction, Department of, School, School: Board, School: Branches of instruction, School: Conveyance of pupil, School: Discipline, School: Health program, School: State aid, Teacher

Became law

The governor signed it on Dec 8, 2011. It's ⁠.

  1. Introduced, passed

    May 13, 2011

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Oct 20, 2011

  4. Assembly vote, passed

    Passed 54 to 38

  5. Governor, passed

    Signed

  6. Law, here now

    2011 Wisconsin Act 105

Latest entry in the official record, Dec 12, 2011: “Published 12-20-2011”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill makes a number of changes to the laws governing public education.

Pupil expulsion Under current law, a school board may expel a pupil only if the pupil engaged in certain prohibited conduct while at school or while under the supervision of a school authority. Generally, the prohibited conduct is conduct that endangers the property, health, or safety of others or interferes with the ability of school authorities to maintain order or an educational atmosphere at school. Prior to expelling a pupil, the school board must follow certain procedures. These procedures include holding an expulsion hearing and providing the pupil and, if the pupil is a minor, his or her parent, with written and timely notice of the hearing.

Read the full summary

Also under current law, a school board may refuse to enroll a pupil during the term of the pupil's expulsion from another school district. In an opinion issued on April 10, 2008, the Wisconsin attorney general determined that current law does not permit a school district to refuse to enroll a pupil who is currently expelled from a private school or an out-of-state school.

Current law permits the University of Wisconsin (UW)-Milwaukee, UW-Parkside, the Milwaukee Area Technical College, and the city of Milwaukee to operate charter schools (independent charter schools) directly or to contract for the operation of charter schools. Generally, charter schools operate with fewer constraints than traditional public schools. Current law does not explicitly authorize an independent charter school to expel a pupil.

This bill permits an independent charter school to include in its charter or contract grounds for expelling a pupil provided the grounds duplicate the grounds provided under current law to school boards. If a charter or contract of an independent charter school includes grounds for expelling a pupil, the charter or contract must also include the same procedural requirements established for the expulsion of a pupil by a school board under current law.

This bill authorizes a school board to refuse to enroll a pupil during the term of the pupil's expulsion from a public school in another state if the grounds for the pupil's expulsion would have been grounds for expulsion in this state. This bill also permits a school board to refuse to enroll a pupil during the term of the pupil's expulsion from an independent charter school if the charter or contract of the independent charter school contains the grounds for expulsion and procedural requirements identified above.

Under current law, a school board may include early reinstatement conditions in an expulsion order issued for a pupil. Current law defines "early reinstatement condition" as a condition that a pupil must meet before he or she may be granted early reinstatement or a condition that a pupil must meet after his or her early reinstatement but before the expiration of the term of expulsion specified in the pupil's expulsion order. Early reinstatement conditions must relate to the reasons for the pupil's expulsion. If a school district administrator or designee determines that the pupil has satisfied the early reinstatement conditions, the pupil may be reinstated before the expiration of the term of the pupil's expulsion. If a pupil who received early reinstatement subsequently violates an early reinstatement condition before the expiration of the term of expulsion, the school board may revoke the pupil's early reinstatement.

This bill permits a school board other than the school board that expelled a pupil to establish enrollment conditions for the pupil. The bill defines "enrollment condition" as a condition that a pupil is required to meet before he or she may be granted conditional enrollment or a condition that a pupil is required to meet after his or her conditional enrollment but before the expiration of the term of expulsion specified in the pupil's expulsion order. The enrollment conditions must relate to the reasons for the pupil's expulsion from the expelling school district. The school district administrator or designee of the nonexpelling school district may permit the pupil to conditionally enroll in a school located in that school district if the pupil satisfies the enrollment conditions, and may revoke conditional enrollment if the pupil subsequently violates the enrollment conditions.

Teacher evaluations Current law allows a school board to use the results of state-required standardized examinations and the standardized examinations required under the federal No Child Left Behind Act to evaluate teachers if certain conditions are met.

The school board must develop a teacher evaluation plan that includes a description of the evaluation process, multiple criteria in addition to examination results, the rationale for using examination results for evaluating teachers, and an explanation of how the school board intends to use the evaluations to improve pupil academic achievement.

This bill allows a school board to use the results of standardized examinations to evaluate teachers without the presence of the conditions described above.

Under current law, the results of standardized examinations may not be used to discharge, suspend, or formally discipline a teacher or as the reason for the nonrenewal of a teacher's contract.

This bill provides that the results of standardized examinations may not be used as the sole reason to discharge, suspend, or formally discipline a teacher or as the sole reason for the nonrenewal of a teacher's contract.

SAGE contracts Current law generally allows an eligible school board that enters into a five-year renewable student achievement guarantee (SAGE) contract with the Department of Public Instruction (DPI) to receive $2,250 for each low-income pupil enrolled in grades kindergarten to three in a school with specified low-income enrollment if the school board reduces the class size of the classes in which the low-income pupils are enrolled. Current law requires a school board to phase in the class size limitation over the five-year contract. In the first year of a SAGE contract, the school board must reduce class size in grades kindergarten and one. By the fourth year of the SAGE contract, the school board must have reduced the class size in all of the grades kindergarten to three.

In general, for SAGE contracts entered into prior to the 2010-11 school year, a participating school board could only satisfy the class size limitation requirement by reducing class size to 15 pupils. For SAGE contracts entered into in the 2010-11 school year, current law permits a school board to satisfy the class size limitation requirement by either reducing class size to 18 pupils or by combining two classes with two classroom teachers to achieve a total class size of 30 pupils. Current law permits a school board to renew and receive payments under a renewed SAGE contract if the school board either maintains the reduced class size achieved during the last school year of the original SAGE contract for the grades specified for the last school year of the contract, reduces class size to no more than 18 pupils, or combines two classes with two classroom teachers to achieve a total class size of 30 pupils.

This bill permits a school board that has entered into or renewed a SAGE contract to choose not to comply with the class size limitation requirements in one or more grades covered by the contract in one or more schools in the school district and in one or more years of the contract term.

Special education services Under current law, a school district receives state special education aid for the costs of contracting with a public or private agency for physical or occupational therapy services. This bill explicitly authorizes a school district to contract for a variety of services, including orientation and mobility training, educational interpreters, audiologists, speech therapists, pupil transition services, and any services approved by the state superintendent of public instruction; and makes the costs of such a contract eligible for special education aid.

Pupil transportation costs Under current law, DPI must prorate state aid payments to school districts for transportation costs if the amount appropriated does not cover all eligible costs.

Under this bill, if funds remain after DPI pays all approved claims, DPI must distribute the balance to school districts on a prorated basis.

School libraries Current law allows a school district to use up to 25 percent of the moneys it receives from the common school fund in a fiscal year to purchase school library computers and related software. This bill eliminates the 25 percent limit.

MPS teaching days Under current law, the board of Milwaukee Public Schools determines the school calendar and vacation periods for the regular day and summer schools each school year, but the board may not schedule more than 200 teaching days in the regular day school period in any school year. This bill eliminates the requirement that no more than 200 teaching days be scheduled in the regular day school period.

Law enforcement records Under current law, law enforcement records obtained by and relating to the conduct of a pupil of a school district may not be used as the sole basis for expelling or suspending the pupil or as the sole basis for taking any other disciplinary action against the pupil, including action under the school district's athletic code. This bill permits a school district to use such law enforcement records as the sole basis for taking action against a pupil under the district's athletic code.

Credits for sports Current law requires a high school pupil to earn 1.5 credits in physical education in order to be eligible for a high school diploma. This bill authorizes a school board to adopt a policy granting a pupil credit in physical education for completing a season in an extracurricular sport if the sport is sanctioned by the Wisconsin Interscholastic Athletic Association.

Tax levy Under current law, each school board must annually determine the amount necessary to be raised to operate and maintain the schools of the school district and must, on or before November 6, certify that amount to the municipal clerk to assess and enter onto the tax rolls. This bill provides that, in years in which a November general election is held, the school board must certify the amount to be assessed on or before November 10.

Who's behind it

2 senators are its ⁠. All 2 are Republicans.

10 more lawmakers ⁠.

See all 12 names

Authors (2)

Signed on in support (10)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 8 votes on this bill.

Senate Committee on Education vote on an amendment

Passed, 7 to 0 · Jun 10, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by committee on Education, Ayes 7, Noes 0”. Official record · This vote on its own page

Senate vote

Passed, 5 to 0 · Oct 19, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0”. Official record · This vote on its own page

Senate vote on an amendment

Passed, 17 to 16 · Oct 20, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Senate amendment 3 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16”. Official record · This vote on its own page

Senate vote to pass it

Passed, 17 to 16 · Oct 20, 2011

See how each of the 33 senators voted

D: Democrat, R: Republican

Official motion: “Read a third time and passed, Ayes 17, Noes 16”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 54 to 38 · Nov 3, 2011

See how each of the 92 representatives voted

D: Democrat, I: Independent, R: Republican

Yes (54)

No (38)

Official motion: “Read a third time and concurred in, Ayes 54, Noes 38, Paired 6”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 57 to 37 · Nov 3, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 1 laid on table, Ayes 57, Noes 37”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 58 to 36 · Nov 3, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 2 laid on table, Ayes 58, Noes 36”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 89 to 5 · Nov 3, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 3 laid on table, Ayes 89, Noes 5”. Official record · This vote on its own page

What happened

  1. Dec 12, 2011

    The new law was published.

  2. Dec 8, 2011

    The governor signed it. It became 2011 Wisconsin Act 105.

  3. Dec 6, 2011

    Sent to the governor.

  4. Nov 3, 2011

    1 more representative signed on in support.

  5. Nov 3, 2011

    The Assembly passed it too, 54 to 38.

  6. Nov 1, 2011

    “Placed at the foot of the calendar of 11-1-2011” (the official wording)

  7. Oct 20, 2011

    Sent to the Assembly Committee on Rules.

  8. Oct 20, 2011

    The Assembly received it.

  9. Oct 20, 2011

    The Senate passed it, 17 to 16.

  10. Oct 20, 2011

    The Senate adopted it.

  11. Oct 20, 2011

    “Placed at the foot of the 11th order of business on the calendar of 10-20-2011” (the official wording)

  12. Oct 19, 2011

    “Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0” (the official wording)

  13. Oct 19, 2011

    Sent to the Joint Committee on Finance.

  14. Jun 16, 2011

    A state agency sent in its estimate of the cost.

  15. Jun 10, 2011

    The committee voted to recommend passing it, 4 to 3.

  16. Jun 10, 2011

    “Report adoption of Senate Substitute Amendment 1 recommended by committee on Education, Ayes 6, Noes 1” (the official wording)

  17. Jun 10, 2011

    “Report adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by committee on Education, Ayes 7, Noes 0” (the official wording)

  18. May 16, 2011

    The committee held a public hearing.

  19. May 13, 2011

    Sent to the Senate Committee on Education.

  20. May 13, 2011

    Introduced in the Senate.

See the official record, word for word
  1. May 13, 2011 · Senate

    Introduced by Senators Olsen and Darling;Cosponsored by Representatives Kestell, Strachota, Steineke, Farrow, Spanbauer, Marklein, Brooks, Petrowski and Bernier

  2. May 13, 2011 · Senate

    Read first time and referred to committee on Education

  3. May 16, 2011 · Senate

    Public hearing held

  4. Jun 3, 2011 · Senate

    Senate substitute amendment 1 offered by Senator Olsen

  5. Jun 6, 2011 · Senate

    Senate amendment 1 to Senate substitute amendment 1 offered by Senator Olsen

  6. Jun 7, 2011 · Senate

    Executive action taken

  7. Jun 10, 2011 · Senate

    Report adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by committee on Education, Ayes 7, Noes 0

  8. Jun 10, 2011 · Senate

    Report adoption of Senate Substitute Amendment 1 recommended by committee on Education, Ayes 6, Noes 1

  9. Jun 10, 2011 · Senate

    Report passage as amended recommended by committee on Education, Ayes 4, Noes 3

  10. Jun 10, 2011 · Senate

    Available for scheduling

  11. Jun 16, 2011 · Senate

    Fiscal estimate received

  12. Oct 19, 2011 · Senate

    Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  13. Oct 19, 2011 · Senate

    Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  14. Oct 19, 2011 · Senate

    Placed on calendar 10-20-2011 pursuant to Senate Rule 18(1)

  15. Oct 20, 2011 · Senate

    Placed at the foot of the 11th order of business on the calendar of 10-20-2011

  16. Oct 20, 2011 · Senate

    Read a second time

  17. Oct 20, 2011 · Senate

    Senate amendment 1 to Senate substitute amendment 1 adopted

  18. Oct 20, 2011 · Senate

    Senate amendment 2 to Senate substitute amendment 1 offered by Senators Shilling and Taylor

  19. Oct 20, 2011 · Senate

    Senate amendment 2 to Senate substitute amendment 1 laid on table

  20. Oct 20, 2011 · Senate

    Senate amendment 3 to Senate substitute amendment 1 offered by Senators C. Larson, Vinehout, Taylor, Carpenter, Risser, Miller, Holperin, Lassa, T. Cullen, Hansen, Erpenbach and S. Coggs

  21. Oct 20, 2011 · Senate

    Senate amendment 3 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

  22. Oct 20, 2011 · Senate

    Senate substitute amendment 1 adopted

  23. Oct 20, 2011 · Senate

    Ordered to a third reading

  24. Oct 20, 2011 · Senate

    Rules suspended

  25. Oct 20, 2011 · Senate

    Read a third time and passed, Ayes 17, Noes 16

  26. Oct 20, 2011 · Senate

    Ordered immediately messaged

  27. Oct 20, 2011 · Assembly

    Received from Senate

  28. Oct 20, 2011 · Assembly

    Read first time and referred to committee on Rules

  29. Oct 27, 2011 · Assembly

    Placed on calendar 11-1-2011 by committee on Rules

  30. Nov 1, 2011 · Assembly

    Placed at the foot of the calendar of 11-1-2011

  31. Nov 1, 2011 · Assembly

    Assembly amendment 1 offered by Representatives Clark, Pope-Roberts, Sinicki and Hintz

  32. Nov 1, 2011 · Assembly

    Made a special order of business at 11:06 A.M. on 11-03-2011 pursuant to Assembly Resolution 18

  33. Nov 3, 2011 · Assembly

    Read a second time

  34. Nov 3, 2011 · Assembly

    Assembly amendment 1 laid on table, Ayes 57, Noes 37

  35. Nov 3, 2011 · Assembly

    Assembly amendment 2 offered by Representatives Hulsey, Grigsby, Roys, Berceau, Danou, Jorgensen, Turner, Pope-Roberts, Clark, Ringhand, Zamarripa and C. Taylor

  36. Nov 3, 2011 · Assembly

    Assembly amendment 2 laid on table, Ayes 58, Noes 36

  37. Nov 3, 2011 · Assembly

    Assembly amendment 3 offered by Representative Krusick

  38. Nov 3, 2011 · Assembly

    Assembly amendment 3 laid on table, Ayes 89, Noes 5

  39. Nov 3, 2011 · Assembly

    Ordered to a third reading

  40. Nov 3, 2011 · Assembly

    Rules suspended

  41. Nov 3, 2011 · Assembly

    Read a third time and concurred in, Ayes 54, Noes 38, Paired 6

  42. Nov 3, 2011 · Assembly

    Representative Kooyenga added as a cosponsor

  43. Nov 3, 2011 · Assembly

    Ordered immediately messaged

  44. Nov 4, 2011 · Senate

    Received from Assembly concurred in

  45. Nov 7, 2011 · Senate

    Report correctly enrolled on 11-7-2011

  46. Dec 6, 2011 · Senate

    Presented to the Governor on 12-5-2011

  47. Dec 8, 2011 · Senate

    Report approved by the Governor on 12-7-2011. 2011 Wisconsin Act 105

  48. Dec 12, 2011 · Senate

    Published 12-20-2011

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote