Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB267 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment:
2		-	2023 Senate Bill 267 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to create 115.359 of the statutes; relating to: grants to support recovery high schools.
5		-	The people of the state of Wisconsin, represented in
6		-	senate and assembly, do enact as follows:
7		-	SECTION 1. 115.359 of the statutes is created to read:
8		-	115.359 Recovery high schools; operational and
9		-	planning grants. (1) DEFINITION. In this section,
10		-	“recovery high school” means a public, private, or tribal
11		-	school that operates only high school grades and meets all
12		-	of the following criteria:
13		-	(a) The school is specifically designed for pupils in
14		-	recovery from a substance use disorder or a mental health
15		-	disorder that coexists with a substance use disorder.
16		-	(b) The school awards high school credits that count
17		-	towards a high school diploma awarded by the school or
18		-	high school credits that will transfer and count towards a
19		-	high school diploma awarded by a school district.
20		-	(2) ELIGIBILITY; OPERATIONAL GRANT. A recovery
21		-	high school is eligible for a grant under sub. (3) if the
22		-	recovery high school satisfies all of the following:
23		-	(a) The recovery high school is governed by a gov-
24		-	erning board.
25		-	(b) The recovery high school employs an individual
26		-	who is responsible for the daily operations of the recov-
27		-	ery high school.
28		-	(c) The recovery high school demonstrates that its
29		-	model is capable of supporting its anticipated enrollment.
30		-	(d) If the recovery high school is a private school, the
31		-	private school is a nonprofit organization.
32		-	(e) The recovery high school requires prospective
33		-	pupils to apply to the recovery high school and conditions
34		-	eligibility for enrollment on all of the following:
	1	+	LRB-2917/1
	2	+	FFK:amn&skw
	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 267
	5	+	May 2, 2023 - Introduced by Senator JAMES, cosponsored by Representatives
	6	+	DITTRICH, BRANDTJEN, S. JOHNSON and MURPHY. Referred to Committee on
	7	+	Mental Health, Substance Abuse Prevention, Children and Families.
	8	+	AN ACT to create 20.255 (3) (ef) and 115.359 of the statutes; relating to: a grant
	9	+	program for recovery high schools and making an appropriation.
	10	+	Analysis by the Legislative Reference Bureau
	11	+	This bill creates a grant program for recovery high schools. The bill defines a
	12	+	recovery high school as a public, private, or tribal school operating only high school
	13	+	grades that 1) is specifically designed for pupils in recovery from a substance use
	14	+	disorder or a mental health disorder that coexists with a substance use disorder, 2)
	15	+	awards high school credits that count towards a high school diploma awarded by the
	16	+	school or high school credits that will transfer and count towards a high school
	17	+	diploma awarded by a school district, and 3) is located in a physical location that is
	18	+	separate from any other public, private, or tribal school. Under the bill, to be eligible
	19	+	for a grant, a recovery high school must meet the following criteria:
	20	+	1. The recovery high school must be governed by a governing board of no fewer
	21	+	than five members.
	22	+	2. The recovery high school must limit its enrollment to no more than 10, 20,
	23	+	or 30 pupils, depending on the number of years that the recovery high school has been
	24	+	in operation.
	25	+	3. The recovery high school must employ a director who is responsible for the
	26	+	recovery school's daily operations.
	27	+	4. If the recovery high school is a private school, the private school is a nonprofit
	28	+	organization.
	29	+	5. The recovery high school provides evidence that it has at least one other
	30	+	source of funding to support its operations.
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	33	+	FFK:amn&skw
	34	+	SENATE BILL 267
	35	+	6. The recovery high school requires prospective pupils to apply and conditions
	36	+	eligibility for enrollment on the following: that pupil desires to be sober; that the
	37	+	pupil commits to attend the recovery high school daily; that the pupil consents to
	38	+	weekly drug testing; and that the pupil agrees to a 30-day probationary period at the
	39	+	end of which the pupil's enrollment may be terminated.
	40	+	The bill requires the Department of Public Instruction to annually award a
	41	+	grant in the amount of $500,000 to each recovery high school that applies to DPI and
	42	+	meets the eligibility requirements listed above. If in any fiscal year the amount
	43	+	appropriated for this purpose is insufficient to pay the full amount of the grant to all
	44	+	eligible recovery high schools, DPI must prorate the amount of the grants among the
	45	+	eligible recovery high schools. Under the bill, if a recovery high school closes during
	46	+	a school year during which it receives a grant, the recovery high school is required
	47	+	to return any unused grant proceeds to DPI.
	48	+	Finally, the bill requires a recovery high school that receives a grant to report
	49	+	various information to DPI by August 1 following the school year in which the
	50	+	recovery high school received the grant. The information a recovery high school is
	51	+	required to report includes an independent financial audit of the recovery high school
	52	+	conducted by an independent certified public accountant and a written report on the
	53	+	recovery high school's operations in the previous school year.
	54	+	For further information see the state fiscal estimate, which will be printed as
	55	+	an appendix to this bill.
	56	+	The people of the state of Wisconsin, represented in senate and assembly, do
	57	+	enact as follows:
	58	+	SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
	59	+	the following amounts for the purposes indicated:
	60	+	2023-24 2024-25
	61	+	20.255 Public instruction, department of
	62	+	(3) AIDS TO LIBRARIES, INDIVIDUALS, AND
	63	+	ORGANIZATIONS
	64	+	(ef)Recovery high schools; grantsGPR A 500,000 500,000
	65	+	SECTION 2. 20.255 (3) (ef) of the statutes is created to read:
	66	+	20.255 (3) (ef) Recovery high schools; grants. The amounts in the schedule for
	67	+	grants under s. 115.359.
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	79	+	SECTION 3
	80	+	SENATE BILL 267
	81	+	SECTION 3. 115.359 of the statutes is created to read:
	82	+	115.359 Recovery high schools; grants. (1) DEFINITION. In this section,
	83	+	“recovery high school” means a public, private, or tribal school that operates only
	84	+	high school grades and meets all of the following criteria:
	85	+	(a) The school is specifically designed for pupils in recovery from a substance
	86	+	use disorder or a mental health disorder that coexists with a substance use disorder.
	87	+	(b) The school awards high school credits that count towards a high school
	88	+	diploma awarded by the school or high school credits that will transfer and count
	89	+	towards a high school diploma awarded by a school district.
	90	+	(c) The school is located in a physical location that is separate from any other
	91	+	public, private, or tribal school.
	92	+	(2) ELIGIBILITY. A recovery high school is eligible for a grant under sub. (3) if
	93	+	the recovery high school satisfies all of the following:
	94	+	(a) The recovery high school is governed by a governing board of no fewer than
	95	+	5 members and the governing board includes at least all of the following:
	96	+	1. One member who is in recovery.
	97	+	2. One member who is a parent of a child who is or has been in recovery.
	98	+	3. One member who has clinical experience treating individuals with substance
	99	+	use or mental health disorders.
	100	+	4. One member who has teaching experience in a public or private school that
	101	+	operates high school grades.
	102	+	5. One member who has established relationships in the community of the
	103	+	recovery high school and experience fundraising.
	104	+	(b) The recovery high school employs a director who is responsible for the daily
	105	+	operations of the recovery high school.
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	132	+	SECTION 3 SENATE BILL 267
	133	+	(c) 1. For a recovery high school that has been in operation for fewer than 3
	134	+	school years, the recovery high school limits enrollment to no more than 10 pupils.
	135	+	2. For a recovery high school that has been in operation for at least 3 school
	136	+	years but fewer than 10 school years, the recovery high school limits enrollment to
	137	+	no more than 20 pupils.
	138	+	3. If the recovery high school has been in operation for at least 10 school years,
	139	+	the recovery high school limits enrollment to no more than 30 pupils.
	140	+	(d) If the recovery high school is a private school, the private school is a
	141	+	nonprofit organization.
	142	+	(e) The recovery high school requires prospective pupils to apply to the recovery
	143	+	high school and conditions eligibility for enrollment on all of the following:
35	144		1. That the pupil desires to be sober.
36		-	2. That the pupil commits to attend the recovery high
37		-	school daily.
	145	+	2. That the pupil commits to attend the recovery high school daily.
38	146		3. That the pupil consents to weekly drug testing.
39		-	4. That the pupil agrees to a 30−day probationary
40		-	period and that the pupil’s enrollment may be terminated
41		-	at the end of the probationary period for any of the fol-
42		-	lowing reasons:
43		-	a. The pupil tests positive for a controlled substance
44		-	on a drug test administered at the end of the probationary
45		-	period.
46		-	b. The individual responsible for the daily operations
47		-	of the recovery high school determines that the pupil’s
48		-	enrollment should be terminated based on the pupil’s
49		-	behavior at the recovery high school during the proba-
50		-	tionary period.
51		-	(f) The recovery high school provides evidence that
52		-	it has at least one other source of funding to support its
53		-	operations.
54		-	(g) The recovery high school provides evidence−
55		-	based programming to pupils. For purposes of this para-
56		-	graph, “evidence−based programming” includes evi-
57		-	dence−based peer−to−peer suicide prevention
58		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
59		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 267
60		-	programming, smaller class sizes, and self−care plan-
61		-	ning.
62		-	(3) OPERATIONAL GRANTS. (a) A recovery high
63		-	school that meets the requirements under sub. (2) may
64		-	apply for a grant under this subsection. An applicant for
65		-	a grant under this subsection shall include in its applica-
66		-	tion the grant amount requested and a proposed budget
67		-	for how it will use the grant funds in the following school
68		-	year.
69		-	(b) Beginning in the 2023−24 school year, from the
70		-	appropriation under s. 20.255 (3) (ef), the department
71		-	annually shall award grants to eligible recovery high
72		-	schools that apply for a grant under this subsection. If the
73		-	department does not award an applicant the full amount
74		-	requested in an application, the department shall provide
75		-	an explanation to the applicant for the reduced grant
76		-	award. The department shall pay 50 percent of a grant
77		-	amount on the 2nd Monday of July and 50 percent of the
78		-	grant amount on the 2nd Monday of January.
79		-	(c) A recovery high school may use a grant under this
80		-	subsection for any of the following purposes:
81		-	1. To employ school staff, including teachers and
82		-	counselors.
83		-	2. To rent, or otherwise secure, a physical location for
84		-	the school.
	147	+	4. That the pupil agrees to a 30-day probationary period and that the pupil's
	148	+	enrollment may be terminated at the end of the probationary period for any of the
	149	+	following reasons:
	150	+	a. The pupil tests positive for a controlled substance on a drug test
	151	+	administered at the end of the probationary period.
	152	+	b. The director of the recovery high school determines that the pupil's
	153	+	enrollment should be terminated based on the pupil's behavior at the recovery high
	154	+	school during the probationary period.
	155	+	(f) The recovery high school provides evidence that it has at least one other
	156	+	source of funding to support its operations.
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	182	+	FFK:amn&skw
	183	+	SECTION 3
	184	+	SENATE BILL 267
	185	+	(3) GRANTS. (a) A recovery high school that meets the requirements under sub.
	186	+	(2) may apply for a grant under this subsection.
	187	+	(b) Beginning in the 2023-24 school year, from the appropriation under s.
	188	+	20.255 (3) (ef) and subject to par. (d), the department shall award annually a grant
	189	+	in the amount of $500,000 to each eligible recovery high school that applies for a
	190	+	grant under par. (a). The department shall pay 50 percent of a grant amount on the
	191	+	second Monday of July and 50 percent of the grant amount on the second Monday of
	192	+	January.
	193	+	(c) A recovery high school may use a grant under this subsection for any of the
	194	+	following purposes:
	195	+	1. To employ school staff, including teachers and counselors.
	196	+	2. To rent, or otherwise secure, a physical location for the school.
85	197		3. To purchase drug testing supplies.
86		-	4. To develop and implement an after−school and
87		-	weekend sober activity program.
88		-	5. For transportation of pupils.
89		-	6. For legal and accounting services.
90		-	7. For general administrative costs, including insur-
91		-	ance, office supplies and equipment, and phone and
92		-	Internet costs.
93		-	(4) PLANNING GRANTS. (a) Subject to par. (c), the
94		-	department shall award planning grants to public, pri-
95		-	vate, and tribal schools that intend to establish a recovery
96		-	high school and nonprofit organizations that intend to
97		-	establish a recovery high school. An applicant for a grant
98		-	under this subsection shall include in its application the
99		-	grant amount requested and a proposed budget for how
100		-	it will use the grant funds in the following school year.
101		-	If the department does not award an applicant the full
102		-	amount requested in an application, the department shall
103		-	provide an explanation to the applicant for the reduced
104		-	grant award.
105		-	(b) A grant under this subsection may be used for any
106		-	of the following:
107		-	1. Hiring a consultant for planning the recovery high
	198	+	4. The development and implementation of an after-school and weekend sober
	199	+	activity program.
	200	+	5. Transportation of pupils.
	201	+	6. Legal and accounting services.
	202	+	7. General administrative costs, including insurance, office supplies and
	203	+	equipment, and phone and Internet costs.
	204	+	(d) If the appropriation under s. 20.255 (3) (ef) in any fiscal year is insufficient
	205	+	to pay the full amount under par. (b), the department shall prorate the payments
	206	+	among the eligible recovery high schools.
	207	+	(4) REPORTING. By no later than August 1, a recovery high school that received
	208	+	a grant under sub. (3) in the previous school year shall report, in a manner that does
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	233	+	FFK:amn&skw
	234	+	SECTION 3 SENATE BILL 267
	235	+	not identify a pupil enrolled in the recovery high school, all of the following to the
	236	+	department:
	237	+	(a) An independent financial audit of the recovery high school conducted by an
	238	+	independent certified public accountant.
	239	+	(b) A written report on the operations of the recovery high school in the previous
	240	+	school year that includes at least all of the following information:
	241	+	1. The number of prospective pupils who applied to attend the recovery high
108	242		school.
109		-	2. General program planning for the recovery high
110		-	school.
111		-	3. Curriculum and lesson planning.
112		-	4. Mental health services planning.
113		-	5. Any other costs incurred to develop a final plan for
114		-	establishing a recovery high school.
115		-	(c) 1. Beginning on the effective date of this subdivi-
116		-	sion .... [LRB inserts date], and ending on the date the
117		-	department determines there are at least 3 recovery high
118		-	schools in this state, in each fiscal year the department
119		-	shall allocate $300,000 from the appropriation under s.
120		-	20.255 (3) (ef) for grants under this subsection. The
121		-	department may not award more than 4 grants under this
122		-	subsection in any school year.
123		-	2. In any school year for which the department deter-
124		-	mines that there are at least 3 recovery high schools in
125		-	operation in this state, the department may not award
126		-	grants under this subsection.
127		-	3. In the school year beginning after the department
128		-	first determines there are at least 3 recovery high schools
129		-	in operation in this state and each school year thereafter,
130		-	if the department determines there are fewer than 3
131		-	recovery high schools in operation in this state for that
132		-	school year, the department shall allocate $100,000 from
133		-	the appropriation under s. 20.255 (3) (ef) for grants under
134		-	this subsection.
135		-	(5) REPORTING. (a) By no later than August 1, a
136		-	recovery high school that received a grant under sub. (3)
137		-	in the previous school year shall report, in a manner that
138		-	does not identify a pupil enrolled in the recovery high
139		-	school, all of the following to the department:
140		-	1. An independent financial audit of the recovery
141		-	high school conducted by an independent certified public
142		-	accountant.
143		-	2. A written report on the operations of the recovery
144		-	high school in the previous school year that includes at
145		-	least all of the following information:
146		-	a. The number of prospective pupils who applied to
147		-	attend the recovery high school.
148		-	b. The total number of pupils who were enrolled in
149		-	the recovery high school during the school year.
150		-	c. Demographic information about pupils enrolled in
151		-	the recovery high school, including age, gender, race,
152		-	ethnicity, and school district of residence.
153		-	d. As of the first day of each month that the recovery
154		-	high school is in operation for the attendance of pupils,
155		-	the number of pupils enrolled in the recovery high school
156		-	and the staff−to−pupil ratio.
157		-	e. The number of pupils who graduated from the
	243	+	2. The total number of pupils who were enrolled in the recovery high school
	244	+	during the school year.
	245	+	3. Demographic information about pupils enrolled in the recovery high school,
	246	+	including age, gender, ethnicity, and school district of residence.
	247	+	4. As of the first day of each month that the recovery high school is in operation
	248	+	for the attendance of pupils, the number of pupils enrolled in the recovery high school
	249	+	and the staff-to-pupil ratio.
	250	+	5. The number of pupils who graduated from the recovery high school.
	251	+	6. Information about substance use by pupils enrolled in the recovery high
	252	+	school, including a list of the substances for which enrolled pupils are in recovery, the
	253	+	relapse rate for pupils enrolled in the recovery high school, and the number of
	254	+	positive drug tests and the drugs identified by those tests.
	255	+	7. Information about the mental health of pupils enrolled in the recovery high
	256	+	school, including the number of enrolled pupils who receive mental health services
	257	+	from the recovery high school for something other than a substance use disorder and
	258	+	a list of mental health disorders for which enrolled pupils receive services from the
158	259		recovery high school.
159		-	f. Information about substance use by pupils enrolled
160		-	in the recovery high school, including a list of the sub-
161		-	stances for which enrolled pupils are in recovery, the
162		-	relapse rate for pupils enrolled in the recovery high
163		-	school, and the number of positive drug tests and the
164		-	drugs identified by those tests.
165		-	g. Information about the mental health of pupils
166		-	enrolled in the recovery high school, including the num-
167		-	ber of enrolled pupils who receive mental health services
168		-	from the recovery high school for something other than
169		-	a substance use disorder and a list of mental health disor- − 3 − 2023 Wisconsin Act 2023 Senate Bill 267
170		-	ders for which enrolled pupils receive services from the
171		-	recovery high school.
172		-	h. Information on academic, behavioral, and sub-
173		-	stance use recovery progress and success among pupils
174		-	enrolled in the recovery high school.
175		-	i. The name of each staff member employed by the
176		-	recovery high school and any professional credential
177		-	held by the staff member.
178		-	j. How grant funding received under sub. (3) was
179		-	used to support the operations of the recovery high
180		-	school.
181		-	(b) By no later than August 1, a recipient of a grant
182		-	under sub. (4) in the previous school year shall report all
183		-	of the following to the department:
184		-	1. How it used the grant funding it received under
185		-	sub. (4).
186		-	2. The status of the grant recipient’s plan to establish
187		-	a recovery high school, which may include a final plan
188		-	for establishing a recovery high school or an explanation
189		-	of why the recipient no longer intends to establish a
190		-	recovery high school.
191		-	(6) RETURN OF GRANT FUNDS. (a) If a recovery high
192		-	school closes during a school year for which it receives
193		-	a grant under sub. (3), the recovery high school shall
194		-	return any unused grant funds to the department.
195		-	(b) The recipient of a grant under sub. (4) shall return
196		-	any unused grant funds to the department.
197		-	SECTION 2. 0Nonstatutory provisions.
198		-	(1) GRANT FUNDING; JOINT COMMITTEE ON FINANCE.
199		-	By no later than the 90th day after the effective date of
200		-	this subsection, the department of public instruction shall
201		-	submit a request to the joint committee on finance to sup-
202		-	plement the appropriation under s. 20.255 (3) (ef) with
203		-	$500,000 in each year of the fiscal biennium from fund-
204		-	ing provided to the joint committee on finance supple-
205		-	mental appropriation under s. 20.865 (4) (a) in 2023 Wis-
206		-	consin Act 19 for a grant program for recovery high
207		-	schools.
208		-	(2) GRANT AWARDS; 2023−24 SCHOOL YEAR. Notwith-
209		-	standing s. 115.359 (3) (b), for purposes of making pay-
210		-	ment to grant recipients in the 2023−24 school year, the
211		-	department may pay the grant amount to a recipient of a
212		-	grant under s. 115.359 (3) (b) in one payment at any time
213		-	before July 1, 2024.
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	286	+	FFK:amn&skw
	287	+	SECTION 3
	288	+	SENATE BILL 267
	289	+	8. Information on academic, behavioral, and substance use recovery progress
	290	+	and success among pupils enrolled in the recovery high school.
	291	+	9. The name of each staff member employed by the recovery high school and
	292	+	any professional credential held by the staff member.
	293	+	(5) RETURN OF GRANT FUNDS. If a recovery high school closes during a school year
	294	+	for which it receives a grant under sub. (3), the recovery high school shall return any
	295	+	unused grant funds to the department.
	296	+	(END)
	297	+	1
	298	+	2
	299	+	3
	300	+	4
	301	+	5
	302	+	6
	303	+	7
	304	+	8