(g) If a school board leases a building to the governing body of a 23
charter school, the lease may not include a provision specifying that it terminates if 24
the lessee enters into a contract with an entity under par. (b) to operate a charter 25
SB22-SSA1, s. 32
118.40 (2r) (h) of the statutes is created to read:
(h) 1. If the governing board of a nonprofit corporation wishes to 3
contract with the charter school authorizing board to operate a charter school, by 4
July 1 it shall submit an application concurrently to the charter school authorizing 5
board and the school board of the school district in which the corporation wishes to 6
locate the charter school.
2. By October 1, the school board shall either enter into a contract with the 8
governing board of the nonprofit corporation to operate a charter school under sub. 9
(2m) or refer the application to the charter school authorizing board unless the school 10
board and governing board of the nonprofit corporation jointly request the charter 11
school authorizing board for an additional 30 days.
3. The charter school authorizing board shall review an application referred to 13
it under subd. 2. by February 1 and shall either enter into a contract with the 14
governing board of the nonprofit corporation to operate a charter school or deny the 15
SB22-SSA1, s. 33
118.40 (2r) (i) of the statutes is created to read:
(i) The charter school authorizing board may have in effect up to 18
the following number of contracts with the governing boards of nonprofit 19
corporations for the operation of charter schools in the following school years:
1. In the 2012-13 school year, 5.
2. In the 2013-14 school year, 10.
3. In the 2014-15 school year, 15.
4. In the 2015-16 school year, 20.
5. In the 2016-17 school year, 25.
6. In the 2017-18 school year or any school year thereafter, any number.
SB22-SSA1, s. 34
118.40 (2r) (j) of the statutes is created to read:
(j) A charter school established under this subsection is a local 3
educational agency under 20 USC 6301
and as such is eligible for funding as 4
a local educational agency, and shall comply with all requirements of local 5
educational agencies, under 20 USC 6301
118.40 (2t) State aid reduction.
(a) Annually, the department shall 8
determine, for each school district, the number of resident pupils attending a charter 9
school under contract with the charter school authorizing board or the board of 10
control of a cooperative educational service agency under sub. (2r).
(b) The department shall reduce each school district's state aid payment under 12
s. 121.08 by an amount equal to the number of pupils determined under par. (a) 13
multiplied by the amount paid per pupil under sub. (2r) (e) 1. If the state aid payment 14
under s. 121.08 is insufficient to cover the reduction, the department shall reduce 15
other state aid payments made by the department to the school district by the 16
(c) If a pupil attends a charter school as described under par. (a) for less than 18
a full school term, the department shall prorate the state aid reduction under par. 19
(b) based on the number of days that school is in session and the pupil attends the 20
(d) The department shall ensure that the aid reduction under par. (b) does not 22
affect the amount determined to be received by a school district as state aid under 23
s. 121.08 for any other purpose.
SB22-SSA1, s. 36
118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (c) and 25
amended to read:
(c) A school board or an entity under sub. (2r) (b) shall give Give 2
preference in awarding contracts for the operation of charter schools to those charter 3
schools that serve children at risk, as defined in s. 118.153 (1) (a).
SB22-SSA1, s. 37
118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (b) and 5
amended to read:
(b) When establishing or
contracting for the establishment 7
of a charter school under this section, a school board or entity specified under sub.
8(2r) (b) shall consider adhere to
the principles and standards for quality charter 9
schools established by the National Association of Charter School Authorizers.
SB22-SSA1, s. 38
118.40 (3) (f) of the statutes is created to read:
(f) A contract with a school board or an entity under sub. (2r) (b) may 12
provide for the establishment of more than one charter school, and a charter school 13
governing board may enter into more than one contract with a school board or entity 14
under sub. (2r) (b).
SB22-SSA1, s. 39
118.40 (3) (g) of the statutes is created to read:
(g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a 17
contract with a school board or an entity under sub. (2r) (b) shall require that if the 18
capacity of the charter school is insufficient to accept all pupils who apply, the charter 19
school shall accept pupils at random.
2. A charter school shall give preference in enrollment to pupils who were 21
enrolled in the charter school in the previous school year and to siblings of pupils who 22
are enrolled in the charter school.
3. A charter school may give preference in enrollment to the children of the 24
charter school's founders, governing board members, and full-time employees, but
the total number of such children given preference may constitute no more than 10 2
percent of the charter school's total enrollment.
SB22-SSA1, s. 40
118.40 (3m) (intro.) of the statutes is created to read:
118.40 (3m) Charter school authorizer duties.
(intro.) A school board or 5
entity under sub. (2r) (b) shall do all of the following:
SB22-SSA1, s. 41
118.40 (3m) (a) and (d) to (f) of the statutes are created to read:
(a) Solicit and evaluate charter school applications.
(d) Approve only high quality charter school applications that meet identified 9
educational needs and promote a diversity of educational choices.
(e) In accordance with the terms of each charter school contract, monitor the 11
performance and compliance with this section of each charter school with which it 12
(f) Annually, submit to the state superintendent and to the legislature under 14
s. 13.172 (2) a report that includes all of the following:
1. An identification of each charter school operating under contract with it, 16
each charter school that operated under a contract with it but had its contract 17
nonrenewed or revoked or that closed, and each charter school under contract with 18
it that has not yet begun to operate.
2. The academic and financial performance of each charter school operated 20
under contract with it.
3. The operating costs of the school board or entity under sub. (2r) (b) incurred 22
under pars. (a) to (e), as detailed in its annual budget.
SB22-SSA1, s. 42
118.40 (4) (title) of the statutes is amended to read:
(title) Charter school governing board; duties, powers, and
SB22-SSA1, s. 43
118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and 2
118.40 (4) (ar) (intro.), as renumbered, is amended to read:
(intro.) A charter school governing board
shall do all of 4
SB22-SSA1, s. 44
118.40 (4) (ag) of the statutes is created to read:
(ag) Governing board.
Each charter school shall be governed by a 7
governing board that is a party to the contract with the authorizing entity. No more 8
than a minority of the governing board's members may be staff of the charter school 9
or of the school district in which the charter school is located.
SB22-SSA1, s. 45
118.40 (4) (ar) 3. of the statutes is created to read:
(ar) 3. If the governing board is under contract with the charter 12
school authorizing board, annually pay to the board a fee equal to the amount 13
determined by multiplying the operational costs of all charter schools that it 14
operated under contract with the board in the previous school year by 0.02. In order 15
to determine the fee payable in the first school year of operation, the charter school 16
governing board shall estimate its total operational costs in that school year.
SB22-SSA1, s. 46
118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and 18
amended to read:
(h) Single-sex schools and courses.
A school board may enter into
20a contract for,
and an entity under sub. (2r) may establish or enter into a
the establishment of a charter school that enrolls only one sex or that provides 22
one or more courses that enroll only one sex if the school board or entity under sub. 23
(2r) makes available to the opposite sex, under the same policies and criteria of 24
admission, schools or courses that are comparable to each such school or course.
SB22-SSA1, s. 47
118.40 (4) (d) of the statutes is created to read:
Subject to the terms of its contract, a charter school 2
governing board has all the powers necessary to carry out the terms of its contract, 3
including the following:
1. To receive and disburse funds for school purposes.
2. To secure appropriate insurance.
3. To enter into contracts, including contracts with a University of Wisconsin 7
institution or college campus, technical college district board, or private college or 8
university, for technical or financial assistance, academic support, curriculum 9
review, or other services.
4. To incur debt in reasonable anticipation of the receipt of funds.
5. To pledge, assign, or encumber its assets to be used as collateral for loans or 12
extensions of credit.
6. To solicit and accept gifts or grants for school purposes.
7. To acquire real property for its use.
8. To sue and be sued in its own name.
118.40 (6) Program voluntary. No Unless all of the public schools in a school
18district have been converted to charter schools under sub. (2) (b) or (2m) (b), no
may be required to attend a charter school without his or her approval, if the pupil 20
is an adult, or the approval of his or her parents or legal guardian, if the pupil is a 21
SB22-SSA1, s. 49
118.40 (7) (am) 1. of the statutes is amended to read:
(am) 1. Except as provided in subds. subd.
2. and 3.
, if a charter 24
school is established under sub. (2m) and located in the school district operating 25
under ch. 119, the school board of that school district shall determine whether or not
the charter school is an instrumentality of the school district. If the school board 2
determines that a charter school is an instrumentality of the school district, the 3
school board shall employ all personnel for the charter school. If the school board 4
determines that a charter school is not an instrumentality of the school district, the 5
school board may not employ any personnel for the charter school.
SB22-SSA1, s. 51
118.40 (7) (c) of the statutes is created to read:
(c) For the purpose of eligibility for participation in the Wisconsin 9
Retirement System, a charter school is considered a public entity that is carrying out 10
a governmental purpose.
SB22-SSA1, s. 52
118.40 (8) (a) (intro.) of the statutes is amended to read:
(intro.) For the purposes of sub. (7) (a), (am), and (ar), 13
a virtual charter school under contract with one or more school boards
is considered 14
to be located in the following school district:
SB22-SSA1, s. 53
118.40 (8) (f) 1. of the statutes is amended to read:
(f) 1. The members of the school board governing body of the entity 17
that contracted for the establishment of the virtual charter school and the 18
administrators of that school district entity
SB22-SSA1, s. 54
118.40 (8) (g) 2. of the statutes is amended to read:
(g) 2. Subject to subd. 2m., the third time in the same semester that 21
a pupil attending a virtual charter school fails to respond appropriately to a school 22
assignment or directive from instructional staff within 5 school days, the governing 23
body of the virtual charter school shall also notify the school board governing body
24of the entity
that contracted for the establishment of the virtual charter school, the 25
school board of the pupil's resident school district, and the department. The school
1board governing body of the entity
that contracted for the establishment of the 2
virtual charter school may transfer the pupil to his or her resident school district. 3
If the pupil is a resident of the school district that contracted for the establishment 4
of the virtual charter school, the school board may assign the pupil to another school 5
or program within that school district. If the school board governing body
or the school board
assigns a pupil, it shall notify the pupil's parent or guardian and 7
SB22-SSA1, s. 55
118.40 (8) (g) 3. of the statutes is amended to read:
(g) 3. The parent or guardian of a pupil transferred to the pupil's 10
resident school district under subd. 2. may appeal the transfer to the department 11
within 30 days after receipt of the notice of transfer. The department shall affirm 12
the school board's governing body's
decision unless the department finds that the 13
decision was arbitrary or unreasonable.
SB22-SSA1, s. 57
118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ar).
SB22-SSA1, s. 58
118.51 (1) (ag) of the statutes is created to read:
(ag) "Charter school" excludes a school under contract with an entity 18
under s. 118.40 (2r) (b).
SB22-SSA1, s. 59
118.51 (3) (a) 6. of the statutes is amended to read:
(a) 6. If an application is accepted, on or before the first Friday 21
following the first Monday in June following receipt of a notice of acceptance, or
22within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting
23list under s. 118.40 (8) (h) 5.,
the pupil's parent shall notify the nonresident school 24
board of the pupil's intent to attend school in that school district in the following 25
SB22-SSA1, s. 61
118.51 (3) (b) of the statutes is amended to read:
(b) Notice to resident school district.
Annually by June 30, each 4
nonresident school board that has accepted a pupil under this section for attendance 5
in the following school year shall report the name of the pupil to the pupil's resident 6
school board. If a pupil is selected from a waiting list under s. 118.40 (8) (h) 5., the
7nonresident school board shall report the name of the pupil to the pupil's resident
8school board within 10 days of receiving notice of the pupil's selection from the
Annually by August 1 the common council shall report to the 12
department, the charter school authorizing board, and the legislature under s. 13
13.172 (2) all of the following:
(a) All instances in the previous school year in which a person expressed 15
interest in purchasing or leasing any city-owned property used for school purposes 16
to a city official or employee. If the property was not sold or leased, the report shall 17
indicate the reason.
(b) All sales of city-owned property used for school purposes that occurred in 19
the previous school year and all leases of such property that were entered into in the 20
previous school year.