AB986: Bill Text

9. Current law requires each school board to adopt either its own academic standards or the academic standards contained in the governor's executive order issued on January 13, 1998, and to administer fourth, eighth, and tenth grade examinations to fourth, eighth, and tenth grade pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district (other than independent charter schools operated by the University of Wisconsin-Milwaukee, the University of Wisconsin-Parkside, the Milwaukee Area Technical College, and the city of Milwaukee). Identical provisions exist under current law for independent charter schools. Under current law, the fourth, eighth, and tenth grade examinations are not required to be administered to pupils participating in the MPCP.

This bill provides that the governing body of a private school participating in the MPCP must adopt academic standards and administer fourth, eighth, and tenth grade examinations to pupils enrolled in the private school. The governing body may either adopt the DPI examinations or develop its own.

10. Under current law, each school board must administer to all pupils enrolled in the school district in the third grade, including pupils enrolled in charter schools located in the school district (other than independent charter schools), a standardized reading test developed by DPI. The independent charter schools are required to administer this test to their third grade pupils. Private schools participating in the MPCP are not required to administer this test. This bill imposes this requirement on these private schools.

11. Under current law, each school board and the operator of each independent charter school must develop written policies specifying criteria for granting a high school diploma. Neither a school board nor the operator of an independent charter school may grant a high school diploma to any pupil unless the pupil has satisfied the criteria. Similarly, each school board and each independent charter school must adopt policies specifying criteria for promoting a pupil from the fourth grade to the fifth grade and from the eighth grade to the ninth grade. A pupil may not be promoted unless he or she satisfies the promotion criteria.

This bill imposes upon private schools participating in the MPCP the same prohibitions against graduation and promotion (for pupils attending the private school under the MPCP) that are imposed upon school boards and independent charter schools.

12. Current law prohibits public schools from discriminating against pupils on the basis of sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability. In addition, each school board must adopt policies and procedures implementing this nondiscrimination requirement. This bill extends the nondiscrimination requirement to schools participating in the MPCP.

13. The bill subjects the MPCP schools to the same open meetings and open records requirements that are applicable to public bodies.

14. Under current law, a pupil may participate in the MPCP only if, in the previous school year, the pupil was enrolled in the Milwaukee Public Schools, was attending a private school under the MPCP, was enrolled in grades kindergarten to three in a private school located in the city of Milwaukee other than under the MPCP, or was not enrolled in school. This bill eliminates this eligibility requirement.

15. Under current law, no more than 15% of a school district's enrollment may attend private schools under the MPCP. This bill increases this limit to 15.5%.

Independent charter schools

Under current law, school boards may enter into contracts with individuals, groups, businesses, or governmental bodies to establish charter schools, which operate with fewer constraints than traditional public schools. Current law also permits the University of Wisconsin-Milwaukee, the University of Wisconsin-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.

For the University of Wisconsin-Parkside charter school, current law limits the enrollment to 400 pupils. This bill increases the limit to 480 pupils beginning in the 2004-05 school year.

Currently, only pupils who reside in the school district in which an independent charter school is located may attend the charter school. In order to be eligible to attend an independent charter school located in the Milwaukee school district, a pupil must also fall into one of the following categories:

1. In the previous school year, the pupil must have been enrolled in the Milwaukee Public Schools.

2. In the previous school year, the pupil must have attended a private school under the Milwaukee Parental Choice Program (MPCP).

3. In the previous school year, the pupil must have been enrolled in grades kindergarten to three in a private school located in the city of Milwaukee other than under the MPCP.

4. In the previous school year, the pupil must not have been enrolled in school.

5. In the previous school year, the pupil must have been enrolled in an independent charter school.

This bill eliminates all of these requirements for attending an independent charter school located in the Milwaukee school district. The bill also allows a pupil who resides outside of the Milwaukee school district to continue to attend Woodlands School (an independent charter school located in the city of Milwaukee), if the pupil attended Woodlands School during the 2003-04 school year and during the previous school year, or if the pupil's sibling attended Woodlands School in the 2003-04 school year and in the school year of the pupil's initial attendance. The bill also allows a pupil who resides outside of the Milwaukee school district to continue to attend Marva Collins Preparatory School of Wisconsin or D.L. Hines Academy if the pupil attended the school before the 2002-03 school year, or if the pupil's sibling attended the school before the 2002-03 school year and in the school year of the pupil's initial attendance.

The bill prohibits the city of Milwaukee, the University or Wisconsin-Milwaukee, or the Milwaukee Area Technical College from establishing a new charter school after this bill's effective date. Current law limits the University of Wisconsin-Parkside to only one charter school.

Student Achievement Guarantee in Education Program

Under the current Student Achievement Guarantee in Education Program (SAGE) DPI pays participating school districts $2,000 for each low-income pupil, in exchange for the school district's meeting certain performance criteria and reducing class size in grades kindergarten to three. Beginning in the 2004-05 school year, this bill increases the payment to $2,500 per pupil.

The bill also allows a school board to use unexpended moneys under a SAGE contract to assist other schools in satisfying the terms of a SAGE contract covering the other schools.

Intradistrict transfer aid

Under current law, a school district that participates in the intradistrict special transfer program, which allows pupils to attend public school outside their attendance area in order to reduce racial imbalance in the school district, is eligible for additional state aid. Beginning in the 2004-05 school year, a school district will suffer a loss in such aid if less than 100% of the parents or guardians of transferred pupils have given written consent for the transfer. This bill maintains the 95 percent level of compliance currently required; i.e., the school district will receive aid for all pupils transferred if at least 95% of the parents or guardians have provided written consent.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB986, s. 1 Section 1. 118.13 (1m) of the statutes is created to read:

AB986,6,8 118.13 (1m) No person who wishes to attend a private school under s. 119.23 may be denied admission to that school and no pupil who is attending a private school under s. 119.23 may be denied participation in, be denied the benefits of, or be discriminated against in any curricular, extracurricular, pupil services, recreational, or other program or activity of that school because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability.

AB986, s. 2 Section 2. 118.13 (2) (am) of the statutes is created to read:

AB986,7,3 118.13 (2) (am) Each private school participating in the program under s. 119.23 shall develop written policies and procedures to implement this section and submit them to the state superintendent. The policies and procedures shall provide for receiving and investigating complaints regarding possible violations of this section, for making determinations as to whether this section has been violated, and for ensuring compliance with this section.

AB986, s. 3 Section 3. 118.13 (2) (b) of the statutes is amended to read:

AB986,7,6 118.13 (2) (b) Any person who receives a negative determination under par. (a) or (am) may appeal the determination to the state superintendent.

AB986, s. 4 Section 4. 118.13 (3) (a) 3. of the statutes is amended to read:

AB986,7,11 118.13 (3) (a) 3. Include in the department's biennial report under s. 15.04 (1) (d) information on the status of school district compliance of school districts and private schools with this section and school district the progress made toward providing reasonable equality of educational opportunity for all pupils in this state.

AB986, s. 5 Section 5. 118.13 (3) (b) 1. of the statutes is amended to read:

AB986,7,15 118.13 (3) (b) 1. Periodically review school district and private school programs, activities and services to determine whether the school boards and private schools are complying with this section.

AB986, s. 6 Section 6. 118.13 (3) (b) 2. of the statutes is amended to read:

AB986,7,18 118.13 (3) (b) 2. Assist school boards and private schools to comply with this section by providing information and technical assistance upon request.

AB986, s. 7 Section 7. 118.13 (4) of the statutes is amended to read:

AB986,7,23 118.13 (4) Any public school or private school official, employee or teacher who intentionally engages in conduct which discriminates against a person or causes a person to be denied rights, benefits or privileges, in violation of sub. (1) or (1m), may be required to forfeit not more than $1,000.

AB986, s. 8 Section 8. 118.30 (1g) (a) 1. of the statutes is amended to read:

AB986,8,5 118.30 (1g) (a) 1. By August 1, 1998, each school board shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. If the governor has issued The school board may adopt the pupil academic standards issued by the governor as an executive order under s. 14.23, the school board may adopt those standards no. 326, dated January 13, 1998.

AB986, s. 9 Section 9. 118.30 (1g) (a) 3. of the statutes is created to read:

AB986,8,11 118.30 (1g) (a) 3. The governing body of each private school participating in the program under s. 119.23 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

AB986, s. 10 Section 10. 118.30 (1g) (c) of the statutes is amended to read:

AB986,8,21 118.30 (1g) (c) Each school board operating elementary grades and, each operator of a charter school under s. 118.40 (2r) that operates elementary grades, and the governing body of each private school participating in the program under s. 119.23 that operates elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board or, operator of the charter school, or governing body of the private school develops or adopts an examination under this paragraph, it shall notify the department.

AB986, s. 11 Section 11. 118.30 (1s) of the statutes is created to read:

AB986,8,24 118.30 (1s) Annually the governing body of each private school participating in the program under s. 119.23 shall do all of the following:

AB986,9,3 (a) 1. Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils attending the 4th grade in the private school under s. 119.23.

AB986,9,6 2. If the governing body of the private school has developed or adopted its own 4th grade examination, administer that examination to all pupils attending the 4th grade in the private school under s. 119.23.

AB986,9,9 (am) 1. Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils attending the 8th grade in the private school under s. 119.23.

AB986,9,12 2. If the governing body of the private school has developed or adopted its own 8th grade examination, administer that examination to all pupils attending the 8th grade in the private school under s. 119.23.

AB986,9,14 (b) Administer the 10th grade examination to all pupils attending the 10th grade in the private school under s. 119.23.

AB986, s. 12 Section 12. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

AB986,9,19 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r), or governing body of the private school participating in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).

AB986,9,24 2. According to criteria established by the state superintendent by rule, the school board or, operator of the charter school under s. 118.40 (2r), or governing body of the private school participating in the program under s. 119.23 may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.

AB986, s. 13 Section 13. 118.30 (2) (b) 5. of the statutes is created to read:

AB986,10,6 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 119.23 shall excuse the pupil from taking an examination administered under sub. (1s).

AB986, s. 14 Section 14. 118.30 (6) of the statutes is amended to read:

AB986,10,17 118.30 (6) A school board and, an operator of a charter school under s. 118.40 (2r), and the governing body of a private school participating in the program under s. 119.23 is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) if the school board or, the operator of the charter school, or the governing body of the private school administers its own 4th and 8th grade examinations, the school board or , operator of the charter school, or governing body of the private school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1), and the federal department of education approves.

AB986, s. 15 Section 15. 118.33 (1) (f) 2m. of the statutes is created to read:

AB986,10,23 118.33 (1) (f) 2m. The governing body of each private school participating in the program under s. 119.23 shall develop a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 119.23. The criteria shall include the pupil's academic performance and the recommendations of teachers.

AB986, s. 16 Section 16. 118.33 (1) (f) 3. of the statutes is amended to read:

AB986,11,8 118.33 (1) (f) 3. Beginning on September 1, 2005, neither a school board nor an operator of a charter school under s. 118.40 (2r) may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2. Beginning on September 1, 2005, the governing body of a private school participating in the program under s. 119.23 may not grant a high school diploma to any pupil attending the private school under s. 119.23 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2m.

AB986, s. 17 Section 17. 118.33 (6) (c) of the statutes is created to read:

AB986,11,18 118.33 (6) (c) 1. The governing body of each private school participating in the program under s. 119.23 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 119.23 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1s) (a) or (am), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.

AB986,11,24 2. Beginning on September 1, 2005, the governing body of a private school participating in the program under s. 119.23 may not promote a 4th grade pupil who is attending the private school under s. 119.23 to the 5th grade, and may not promote an 8th grade pupil who is attending the private school under s. 119.23 to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the governing body's policy under subd. 1.

AB986, s. 18 Section 18. 118.40 (2r) (c) 1. of the statutes is amended to read:

AB986,12,3 118.40 (2r) (c) 1. Only Except as provided in subds. 3., 4., and 5., only pupils who reside in the school district in which a charter school established under this subsection is located may attend the charter school.

AB986, s. 19 Section 19. 118.40 (2r) (c) 2. of the statutes is repealed.

AB986, s. 20 Section 20. 118.40 (2r) (c) 3. of the statutes is created to read:

AB986,12,8 118.40 (2r) (c) 3. A pupil may attend Woodlands School, a charter school established in the school district operating under ch. 119 under this subsection, regardless of the pupil's school district of residence, if any of the following applies:

AB986,12,10 a. The pupil attended Woodlands School in the 2003-04 school year and, beginning in the 2005-06 school year, in the previous school year.

AB986,12,12 b. The pupil's sibling attended Woodlands School in the 2003-04 school year and in the school year of the pupil's initial attendance.

AB986, s. 21 Section 21. 118.40 (2r) (c) 4. of the statutes is created to read:

AB986,12,17 118.40 (2r) (c) 4. A pupil may attend Marva Collins Preparatory School of Wisconsin, a charter school established in the school district operating under ch. 119 under this subsection, regardless of the pupil's school district of residence, if any of the following applies:

AB986,12,19 a. The pupil attended Marva Collins Preparatory School of Wisconsin before the 2002-03 school year.

AB986,12,21 b. The pupil's sibling attended Marva Collins Preparatory School of Wisconsin before the 2002-03 school year and in the school year of the pupil's initial attendance.

AB986, s. 22 Section 22. 118.40 (2r) (c) 5. of the statutes is created to read:

AB986,12,25 118.40 (2r) (c) 5. A pupil may attend D.L. Hines Academy, a charter school established in the school district operating under ch. 119 under this subsection, regardless of the pupil's school district of residence, if any of the following applies:

AB986,13,1 a. The pupil attended D.L. Hines Academy before the 2002-03 school year.

AB986,13,3 b. The pupil's sibling attended D.L. Hines Academy before the 2002-03 school year and in the school year of the pupil's initial attendance.

AB986, s. 23 Section 23. 118.40 (2r) (cm) of the statutes is renumbered 118.40 (2r) (cm) 1. and amended to read:

AB986,13,9 118.40 (2r) (cm) 1. The chancellor of the University of Wisconsin-Parkside may establish or enter into a contract for the establishment of only one charter school under this subsection, which may not operate high school grades and which may not accommodate more than 400 480 pupils.

AB986, s. 24 Section 24. 118.40 (2r) (cm) 2. of the statutes is created to read:

AB986,13,13 118.40 (2r) (cm) 2. None of the entities under par. (b) 1. a., b., or d. may establish, or enter into a contract for the establishment of, a new charter school after the effective date of this subdivision .... [revisor inserts date].