Amendment ASA2-AB379

LRBs0306/1

PG:eev:jm

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO ASSEMBLY BILL 379

February 19, 2014 - Offered by Representative Steineke.

AB379-ASA2,2,2 An Act to repeal 115.38, 118.42 (2) and 118.42 (3) (b); to renumber 115.28 (12) (title) and 118.40 (5); to renumber and amend 115.28 (12) (a), 115.28 (12) (ag) (intro.), 115.28 (12) (ag) 1. and 2. and 115.28 (12) (b); to amend 20.255 (1) (e), 20.255 (1) (he), 115.001 (1), 115.775 (1), 118.125 (4), 118.40 (2r) (b) 1. (intro.), 118.40 (2r) (b) 2., 118.40 (2r) (b) 2m., 118.40 (2r) (b) 4., 118.40 (2r) (bm), 118.40 (2r) (cm), 118.40 (2r) (d) (intro.), 118.40 (3) (b), 118.40 (3) (e), 118.40 (4) (c), 118.42 (title), 118.42 (3) (c) 1. (intro.), 118.42 (3) (c) 2., 118.42 (4), 118.60 (10) (c), 118.60 (10) (d), 119.04 (1), 119.23 (10) (c), 119.23 (10) (d), 121.006 (2) (d) and 121.02 (1) (o); and to create 15.377 (5), 20.255 (3) (fm), 115.383 (4), 115.383 (5), 115.385 (3), 115.39, 118.40 (5) (b), 118.425, 118.60 (9m), 119.23 (9m) and 120.12 (26) of the statutes; relating to: the student information system, a school and school district accountability system, low-performing schools, charter school contracts, pupil records, and creating the academic accountability council.

Analysis by the Legislative Reference Bureau

Student information system

Current law directs the Department of Public Instruction (DPI) to develop a proposal for a multiple-vendor student information system (SIS). DPI must submit the proposal to the Joint Committee on Finance (JCF) for its approval. If JCF approves the proposal, DPI must implement it and must ensure that information about pupils enrolled in charter schools and about pupils enrolled in private schools participating in a parental choice program (PCP) is collected and maintained in the SIS. Current law also provides that if the SIS is established, DPI must ensure that within five years, every school district and every charter school is using the SIS, and that every private school participating in a PCP is either using the SIS or is using a system that is interoperable with the SIS. Current law authorizes DPI to promulgate rules establishing a fee for use of the SIS.

This substitute amendment provides that if the SIS is established, DPI must ensure that within five years, every school district and every charter school, other than an independent charter school, is using the system. The substitute amendment also provides that, beginning in the 2015-16 school year, DPI must ensure that every independent charter school and every private school participating in a PCP is either using the SIS or is using a system that is commercially available, capable of providing the information required, and able to obtain pupil identification numbers. If the SIS is established, the substitute amendment allows DPI to promulgate rules establishing a fee for using the SIS. However, the rules are not effective unless JCF approves.

Finally, the substitute amendment specifies that a private school participating in a PCP is not required to include in the SIS it is using information about pupils who are not attending the private school under the PCP.

School and school district accountability

Current law directs DPI, annually by September 1, to publish a school and school district accountability report that includes the following components:

1. Multiple measures to determine a school's performance or a school district's improvement, including pupil achievement and growth in reading and mathematics; measures of college and career readiness; and gaps in pupil achievement and graduation rates categorized by various factors.

2. An index system to identify a school's level of performance and annually place each school into one of five performance categories.

Current law provides that one year after an independent charter school or a private school participating in a PCP begins using the SIS or a system that is interoperable with the SIS, DPI must include the school in its school accountability report.

This substitute amendment eliminates all of the above provisions and establishes a school and school district accountability system, initially effective in the 2016-17 school year, that is applicable to school districts, public schools, charter schools, and private schools participating in a PCP. The substitute amendment directs DPI to determine a school's and school district's performance in the following areas:

1. Pupil achievement in reading and mathematics.

2. Growth in pupil achievement in reading and mathematics, calculated using a value-added methodology.

3. Gap closure in growth in pupil achievement in reading and mathematics and in graduation rates.

4. Rates of attendance or of high school graduation.

The substitute amendment specifies the information about a school or school district that DPI may use to measure performance in each of the above areas.

For a private school participating in a PCP, the substitute amendment directs DPI to use for each area only the information that pertains to pupils attending the private school under the PCP. The substitute amendment, however, allows a private school participating in a PCP to submit to DPI achievement data from a test administered to all of the pupils attending the private school if the test is a nationally recognized, norm-referenced test that has been approved for this use by DPI. (See below.) If a private school does so, its report card must display a grade derived from data generated by all pupils attending the school, but this grade may not be used to determine whether a sanction should be imposed.

The substitute amendment requires DPI to issue an annual accountability report for each school and school district that grades the school's or school district's overall performance on the following scale:

1. Significantly exceeds expectations.

2. Exceeds expectations.

3. Meets expectations.

4. Meets few expectations.

5. Fails to meet expectations.

The substitute amendment directs DPI to provide a school or school district an opportunity to review a preliminary version of a report in order to correct errors.

The substitute amendment allows DPI to downgrade a school's rating if DPI determines that the percentage of pupils taking the statewide assessments is inadequate.

The substitute amendment creates an Academic Accountability Council in DPI to make recommendations to DPI on:

1. Whether a school that has been determined to be failing but demonstrates high-value added growth, as determined by the University of Wisconsin-Madison Value-Added Research Center, should be sanctioned.

2. How a school's and school district's grade should be affected whenever a pupil is excused from taking a statewide assessment.

3. Policies that address accommodations on statewide assessments for certain pupils attending a private school participating in a PCP that are similar to accommodations made for such pupils attending public schools.

4. Further clarifying the data that DPI may use for each measure used to determine a school's or school district's performance.

5. The methodology for calculating the performance of schools and school districts.

6. The weight to be given each measure used.

7. The qualifying score for each grade.

8. A list of nationally recognized, norm-referenced tests that a choice school may use as described above.

9. Modifying the sanctions imposed on schools for poor performance.

The substitute amendment directs the Legislative Audit Bureau annually to study DPI's methodology for calculating the performance of schools and school districts and report its findings each January to the Joint Legislative Audit Committee.

Low-performing schools and school districts; interventions

Current law requires a school board and DPI to take certain steps if a school or school district is in need of improvement or among the lowest performing, as follows:

1. If DPI determines that a school district has been in need of improvement for four consecutive school years, the school board must:

a. Employ a standard, consistent, research-based curriculum that is aligned with the state's model academic standards;

b. Use pupil academic performance data to differentiate instruction to meet individual needs;

c. Implement a system of academic and behavioral supports and early intervention for pupils; and

d. Provide additional learning time to address the academic needs of pupils who are struggling academically.

2. If DPI determines that a particular public school has been in the lowest performing 5 percent of all public schools in the state in the previous school year and is located in a school district that has been in need of improvement for four consecutive school years, the school board must do the following in the school:

a. Use rigorous and equitable performance evaluation systems for teachers and principals.

b. Adopt a policy establishing criteria for evaluating whether the distribution of teachers and principals within the affected schools relative to the distribution of teachers and principals throughout the school district, based on their qualifications and effectiveness, is equitable. If the school board determines that the distribution is inequitable, the school board must eliminate those policies and constraints that prevent low-performing schools from recruiting, placing, and retaining effective teachers and principals, and provide additional support to teachers and principals.

c. Establish teacher and principal improvement programs.

d. Adopt placement criteria for principals that include performance evaluations and measures of pupil academic achievement.

3. If DPI determines that a school district has been in need of improvement for four consecutive school years, DPI may direct the school board to do one or more of the following in the school district:

a. Implement or modify activities enumerated for low-performing school districts above.

b. Implement a new or modified instructional design.

c. Implement professional development programs.

d. Implement changes in administrative and personnel structures.

e. Adopt accountability measures to monitor the school district's finances or to monitor other interventions.

4. If DPI determines that a public school is located in a school district that has been in need of improvement for four consecutive school years, and that the school has been in need of improvement for five consecutive school years or was among the lowest performing 5 percent of all public schools in the state in the previous school year, DPI may direct the school board to do one or both of the following in the school:

a. Implement a new or modified instructional design.

b. Create a school improvement council to make recommendations to DPI regarding improving the school.

This substitute amendment eliminates all of the above provisions (except those applicable to low-performing school districts), effective at the end of the 2018-19 school year, and substitutes the following:

Public schools

If DPI determines that a public school, other than a charter school, has received a grade of "fails to meet expectations" for three consecutive school years, or has received a grade of "fails to meet expectations" in three of five consecutive school years and a grade no higher than "meets few expectations" in the other two school years, the school board must permanently close the school or contract with a person to operate the school as a charter school.

If a school board determines to contract with a person to operate the school as a charter school, the operator of the charter school must do all of the following in the school:

1. Replace the school's principal.

2. Implement a rigorous staff evaluation and development system.

3. Reward staff who increase pupil academic achievement or high school graduation rates.

4. Institute comprehensive instructional reform.

5. Increase the time provided for pupil instruction.

6. Apply community-oriented school strategies.

7. Provide greater operational flexibility and support for the school.

All teachers who have been assigned to the school must reapply in order to be reassigned to the school. Any teacher who scores in the lowest category of teacher effectiveness may not be reassigned to the school, but may be assigned to another school in the school district. The school board must pay the charter school operator, for each full-time equivalent pupil attending the school, at least 90 percent of the average per-pupil cost for the school district.

The requirement to close a public school or contract with a person to operate the school as a charter school does not apply if DPI determines, based on information provided by the University of Wisconsin-Madison Value-Added Research Center, that the school demonstrates high-value added growth. In addition, a newly constructed school may not be sanctioned based on the grades received during its first two school years of operation.

These sanctions (and the sanctions described below for charter schools and choice schools) take effect in the school year following the school year in which the accountability report for the third (or fifth) school year is issued by DPI. Accountability reports are expected to be issued in September.

Charter schools

The substitute amendment provides that if DPI determines that a charter school has received a grade of "fails to meet expectations" for three consecutive school years, or has received a grade of "fails to meet expectations" in three of five consecutive school years and a grade no higher than "meets few expectations" in the other two school years, the school board or entity that contracted for the establishment of the charter school must revoke the contract. If the charter school reopens as a private school, it may not participate in a PCP.

The substitute amendment provides, however, that a charter school's contract may not be revoked on the basis of grades received during the school's initial two school years. The substitute amendment also provides that a charter school's contract may not be revoked if DPI determines, based on information provided by the University of Wisconsin-Madison Value-Added Research Center, that the school demonstrates high-value added growth.