SB1: Bill Text

Under current law, if the state superintendent of public instruction (state superintendent) determines that a school district has been in need of improvement for four consecutive school years the following apply:

1. The school board of the school district must employ a curriculum aligned with the state's model academic standards, use pupil academic performance data to differentiate instruction to meet individual pupil needs, implement a system of academic and behavioral supports and early interventions for all pupils, and provide additional learning time to address the needs of pupils who are struggling academically.

2. The state superintendent may direct the school board of the school district to do one or more of the following:

a. Implement or modify any requirements described above.

b. Implement a new instructional design, including expanded school hours and additional pupil supports and services.

c. Implement professional development programs focused on improving pupil academic achievement.

d. Make personnel changes.

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

Under current law, if the state superintendent determines that a school was in the lowest five percent of all public schools in the state in the previous school year and the school is located in a school district that has been in need of improvement for four consecutive school years the following apply:

1. The school board of the school district must use rigorous and equitable performance evaluations for teachers and principals, adopt criteria to evaluate the distribution of teachers and principals within the school and throughout the school district, establish teacher and principal improvement programs, and adopt placement criteria for principals that include performance evaluations and pupil achievement measures.

2. The state superintendent may direct the school board of the school district to do one or more of the following:

a. Implement a new instructional design, including expanded school hours and additional pupil supports and services.

b. Create a school improvement council, the members of which include the state superintendent, the school board president, the school principal and representatives of certain labor organizations, to make recommendations about improving the school to the state superintendent.

Current law authorizes DPI to withhold state aid from a school district that fails to comply with a directive made by the state superintendent to the school board of a low performing school or school district.

The bill replaces these provisions with the interventions for chronically failing schools and school districts described below.

Chronically failing schools and school districts

Identifying chronically failing schools and school districts

Under the bill, a chronically failing school or school district is a public school, including a charter school, or school district that is placed in the lowest performance category in three consecutive annual accountability reports. The bill creates the public and charter school accountability board (PCAB), which is attached to DPI, to review annual accountability reports and identify chronically failing schools and school districts. The PCAB must notify the school board of a chronically failing school district and the school board of each school district in which a chronically failing school is located, or the operator of a chronically failing independent charter school, that the school district or school has been identified as a chronically failing school or school district. Within 30 days of receiving notice, a school board or operator may appeal its identification as a chronically failing school or school district. On appeal, the PCAB may choose not to identify a school or school district as a chronically failing if the board determines that exceptional circumstances justify the school or school district's performance on the annual accountability reports.

Improvement plans and interventions

Under the bill, the school board of a school district in which a chronically failing school is located, or, in the case of a chronically failing independent charter school, the operator of the independent charter school must develop and submit an improvement plan to the PCAB that describes the steps that the school board or operator will take to improve the school's performance. The school board of a chronically failing school district must submit an improvement plan to the PCAB that employs a curriculum aligned with the state's model academic standards, uses pupil academic performance data to differentiate instruction to meet individual pupil needs, implements a system of academic and behavioral supports and early interventions for all pupils, and provides additional learning time to address the needs of pupils who are struggling academically. The PCAB must review and approve improvement plans submitted by schools boards and operators of independent charter schools. A school board or operator of an independent charter school must comply with an approved improvement plan until the PCAB removes the chronically failing school or school district label from the applicable school or school district. If a school district is identified as a chronically failing school district for three consecutive school years, the PCAB may, with the approval of the state superintendent, direct the school board of the school district to do one or more of the following:

a. Implement or modify any requirements required to be in a school district improvement plan.

b. Implement a new instructional design, including expanded school hours and additional pupil supports and services.

c. Implement professional development programs focused on improving pupil academic achievement.

d. Make personnel changes.

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

The bill authorizes DPI to withhold state aid from a school district that fails to comply with an improvement plan for a chronically failing school or school district or with a directive made by the PCAB to the school board of a chronically failing school or school district. Additionally, the contract for an independent charter school that is identified as a chronically failing school in the penultimate year of a contract term, may not be renewed.

Chronically failing choice schools

Under the bill, a chronically failing choice school is a private school that at least 20 pupils are attending under a PCP and that is placed in the lowest performance category for three consecutive annual accountability reports. The bill creates the parental choice school accountability board (choice accountability board), which is attached to DOA, to review annual accountability reports and identify chronically failing choice schools. The choice accountability board must provide DPI with a list of the chronically failing choice schools the board identifies and notify the governing board of each private school that the private school has been identified as such. Within 30 days of receiving a notice, the governing board of a private school may appeal its identification as a chronically failing school. On appeal, the board may choose not to identify the private school as a chronically failing choice school for one school year if the board determines that exceptional circumstances justify the private school's performance on the annual accountability reports.

A private school that the choice accountability board identifies as a chronically failing choice school may not accept any new students under a PCP beginning in the school year the private school is identified as a chronically failing choice school. However, any pupil attending the private school under a PCP at the time the private school is identified as a chronically failing private school may continue to attend the private school under a PCP. Three school years after being identified as a chronically failing choice school, a private school may reapply to DPI to begin accepting new students under a PCP. For purposes of applying to begin accepting new students under a PCP, the private school must apply to DPI in the same manner as a new private school applying to begin participating in a PCP.

Educational options

This bill directs each school board to annually post on its Internet site educational options available to children residing in the school district who are between the ages of 3 and 18.

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:

SB1,1 Section 1. 13.94 (1) (n) of the statutes is created to read:

SB1,5,7 13.94 (1) (n) No later than January 1, 2017, and biennially thereafter, perform a performance evaluation audit of the school and school district accountability report system under s. 115.385, including an evaluation of whether the index system used to identify a school or school district's performance is being consistently applied. The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

SB1,2 Section 2. 13.94 (1s) (c) 9. of the statutes is created to read:

SB1,6,2 13.94 (1s) (c) 9. The department of public instruction for the cost of an audit performed under sub. (1) (n).

SB1,3 Section 3. 15.07 (2) (o) of the statutes is created to read:

SB1,6,6 15.07 (2) (o) The state superintendent of public instruction or his or her designee shall serve as the chairperson of the public and charter school accountability board.

SB1,4 Section 4. 15.105 (20) of the statutes is created to read:

SB1,6,15 15.105 (20) Parental choice school accountability board. There is created a parental choice school accountability board, attached to the department of administration under s. 15.03. The board shall consist of the state superintendent of public instruction or his or her designee and 8 members appointed for 3-year terms. Of the 8 appointed members, 4 shall be nominated by the governor and appointed with the advice and consent of the senate and one each shall be appointed by the speaker of the assembly, the senate majority leader, and the minority leader in each house of the legislature.

SB1,5 Section 5. 15.375 (3) of the statutes is created to read:

SB1,6,22 15.375 (3) Public and charter school accountability board. There is created a public and charter school accountability board, attached to the department of public instruction under s. 15.03. The board shall consist of the state superintendent of public instruction or his or her designee and 8 members nominated by the state superintendent of public instruction and with the advice and consent of the senate appointed for 3-year terms.

SB1,6 Section 6. 16.105 of the statutes is created to read:

SB1,6,25 16.105 Parental choice school accountability board. (1) Under this section:

SB1,7,2 (a) "Accountability report" means the school and school district accountability report under s. 115.385.

SB1,7,3 (b) "Board" means the parental choice school accountability board.

SB1,7,5 (c) "Chronically failing choice school" means a private school participating in the program under s. 118.60 or 119.23 that satisfies all of the following:

SB1,7,7 1. At least 20 pupils are attending the private school under the program under s. 118.60 or 119.23.

SB1,7,10 2. The department of public instruction placed the private school in the lowest performance category in the most recent accountability report and in the preceding 2 accountability reports.

SB1,7,15 (2) Annually, by December 31, the board shall review the accountability report and identify chronically failing choice schools. The board shall provide a list of the chronically failing choice schools it identifies to the department of public instruction and notify the governing body of each chronically failing choice school that the school has been identified as such under this section.

SB1,8,3 (3) The governing body of a private school may, within 30 days of receiving notice under sub. (2), appeal the private school's identification as a chronically failing choice school to the board. On appeal, if the board determines that there are exceptional circumstances to justify the private school's performance on the accountability reports, the board may choose not to identify the private school as a chronically failing choice school for one school year even though the private school satisfies the definition of a chronically failing choice school under sub. (1). The board shall decide any appeal received under this subsection by April 30. If the board chooses not to identify a private school as a chronically failing choice school under this subsection, the board shall immediately notify the department of public instruction of its action and the department of public instruction shall remove the private school from the list of chronically failing choice schools it received under sub. (2).

SB1,7 Section 7. 115.385 (1) (a) (intro.) of the statutes is amended to read:

SB1,8,7 115.385 (1) (a) (intro.) Multiple measures to determine a school's performance or a school district's improvement, including all of the following categorized by English language proficiency, disability, income level, and race or ethnicity:

SB1,8 Section 8. 115.385 (1) (a) 1. of the statutes is amended to read:

SB1,8,9 115.385 (1) (a) 1. Pupil achievement and growth in reading and mathematics.

SB1,9 Section 9. 115.385 (1) (a) 1m. of the statutes is created to read:

SB1,8,12 115.385 (1) (a) 1m. Growth in pupil achievement in reading and mathematics, calculated using a value-added methodology that includes demographic controls.

SB1,10 Section 10. 115.385 (1) (a) 2. of the statutes is repealed.

SB1,11 Section 11. 115.385 (1) (a) 3. of the statutes is amended to read:

SB1,8,17 115.385 (1) (a) 3. Gaps in Gap closure in growth in pupil achievement in reading and mathematics and, when available, rates of graduation, categorized by race, English language proficiency, disability, and income level.

SB1,12 Section 12. 115.385 (1) (a) 4. of the statutes is created to read:

SB1,8,21 115.385 (1) (a) 4. Rates of attendance or of high school graduation. The measure under this subdivision shall include a measure of improvement in addition to a measure of attainment.

SB1,13 Section 13. 115.385 (1) (b) of the statutes is amended to read:

SB1,8,25 115.385 (1) (b) An index system to identify a school's level of performance and a school district's level of improvement and annually place each school and school district into one of 5 performance categories.

SB1,14 Section 14. 115.385 (1) (c) of the statutes is created to read:

SB1,9,2 115.385 (1) (c) A definition for each of the 5 performance categories in par. (b).

SB1,15 Section 15. 115.385 (2) of the statutes is amended to read:

SB1,9,13 115.385 (2) Beginning one year after a charter school established under s. 118.40 (2r) or a private school participating in a parental choice program under s. 118.60 or 119.23 begins using the student information system under s. 115.28 (12) (b), or begins using a system that is interoperable with that system, the no later than the annual school accountability report due by September 2016, the department shall include the school in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) and private schools participating in a parental choice program under s. 118.60 or 119.23. The department shall use the same criteria to measure the performance of all schools included in the annual school accountability report.

SB1,16 Section 16. 118.40 (2r) (e) 2p. (intro.) of the statutes is amended to read:

SB1,9,23 118.40 (2r) (e) 2p. (intro.) In Except as provided in subd. 4., in the 2015-16 school year and in each school year thereafter, from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, if positive. The change in the statewide categorical aid per pupil shall be determined as follows:

SB1,17 Section 17. 118.40 (2r) (e) 4. of the statutes is created to read:

SB1,10,3 118.40 (2r) (e) 4. The department may not pay an operator of a charter school under this paragraph upon determining that the operator is not in compliance with its improvement plan approved under s. 118.41 (4).

SB1,18 Section 18. 118.40 (3) (b) of the statutes is renumbered 118.40 (3) (b) 1. and amended to read:

SB1,10,10 118.40 (3) (b) 1. A contract under par. (a) or under subs. (2m) or (2r) may be for any term not exceeding 5 school years and, except as provided in subd. 2., may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid to the charter school during each school year of the contract.

SB1,19 Section 19. 118.40 (3) (b) 2. of the statutes is created to read:

SB1,10,13 118.40 (3) (b) 2. A contract under sub. (2r) may not be renewed if all of the following apply:

SB1,10,14 a. The contract has been renewed at least once.

SB1,10,17 b. The charter school established under the contract is identified as a chronically failing school under s. 118.41 in the penultimate school year of the contract term.

SB1,20 Section 20. 118.41 of the statutes is created to read:

SB1,10,20 118.41 Public and charter school accountability board. (1) Under this section:

SB1,10,22 (a) "Accountability report" means the school and school district accountability report under s. 115.385.

SB1,10,23 (b) "Board" means the public and charter school accountability board.

SB1,11,3 (c) "Chronically failing school" means a public school, including a charter school, that the department placed in the lowest performance category in the most recent accountability report and in the preceding 2 accountability reports.

SB1,11,6 (d) "Chronically failing school district" means a school district that the department placed in the lowest performance category in the most recent accountability report and in the preceding 2 accountability reports.

SB1,11,13 (2) (a) Annually, by November 30, the board shall review the accountability report and identify chronically failing schools and chronically failing school districts. The board shall notify the school board of a chronically failing school district that the school district has been identified as such under this paragraph and the school board of a school district in which a chronically failing school is located or, if the chronically failing school is a charter school established under s. 118.40 (2r), the operator of the charter school that the school has been identified as such under this paragraph.

SB1,11,22 (b) The board shall maintain a cumulative list of schools and school districts identified as chronically failing schools and chronically failing school districts under par. (a). The board may remove a school or school district from the list only if the department did not place the school or school district in the lowest performance category in the most recent accountability report and the board determines that the school or school district has met the goals of its improvement plan. A chronically failing school or school district shall comply with an improvement plan approved under sub. (4) until the board removes the school or school district from the list of chronically failing schools and school districts under this paragraph.