LRB-1879/1
TKK/TJD:klm/wlj/amn
January 2017 Special Session
2017 - 2018 LEGISLATURE
February 21, 2017 - Introduced by Committee on Senate Organization, Senators
Darling, Vukmir, Harsdorf, Marklein, Testin, Wanggaard, Kapenga, Lasee
and Carpenter, cosponsored by Representatives Nygren, Born, Felzkowski,
Skowronski, Novak, Quinn, Steffen, Murphy, Ripp, Ballweg, Swearingen,
Mursau, Subeck, Brostoff, Kleefisch, Petryk, Tittl, Spiros, Rohrkaste, E.
Brooks
, Bernier, Billings, Zepnick, Sinicki, Doyle, Krug, Petersen, Kolste,
Jagler, Rodriguez, Vruwink, Fields, Kulp, Sargent, Allen and Wachs, by
request of Governor Scott Walker. Referred to Committee on Education.
SB6,1,9 1An Act to renumber and amend 118.40 (3) (f) and 118.40 (3) (g) 2.; to amend
220.255 (2) (fp), 20.255 (2) (fq), 66.0137 (4), 118.40 (2x) (e) 1., 118.40 (2x) (e) 2.,
3118.40 (3m) (c), 120.13 (2) (g), 185.983 (1) (intro.) and 632.87 (1); and to create
420.255 (2) (fq), 118.40 (2x) (cm), 118.40 (2x) (e) 1m., 118.40 (2x) (e) 3., 118.40 (3)
5(f) 2., 118.40 (3o), 120.12 (26), 609.717 and 632.87 (4m) of the statutes; relating
6to:
authorizing the director of the Office of Educational Opportunity in the
7University of Wisconsin System to contract for the operation of a recovery
8charter school, insurance coverage of mental health treatment provided by a
9recovery charter school, and making appropriations.
Analysis by the Legislative Reference Bureau
This bill authorizes the director of the Office of Educational Opportunity in the
University of Wisconsin System to contract with a person to operate, as a four-year
pilot project, one recovery charter school for no more than 15 high school pupils in
recovery from substance use disorder or dependency. Under the bill, the operator
must provide an academic curriculum that satisfies the requirement for graduation
from high school as well as therapeutic programming and support for pupils
attending the charter school. The bill requires a pupil who wishes to attend the

recovery charter school to apply and to agree to all of the following: 1) that the pupil
has begun treatment in a substance use disorder or dependency program; 2) that the
pupil has maintained sobriety for at 30 days prior to attending the charter school;
and 3) that the pupil will submit to a drug screening assessment and, if appropriate,
a drug test prior to being admitted. The operator of the charter school may not admit
a pupil who tests positive for the presence of a drug in his or her system. In addition,
a pupil who enrolls in the school must receive counseling from substance use disorder
or dependency counselors while enrolled in the charter school.
The contract between the operator of the recovery charter school and OEO must
contain a requirement that, as a condition of continuing enrollment, an applicant for
enrollment in the recovery charter school submit claims for coverage of certain
services provided by the recovery charter school to his or her health care plan for
which the applicant is covered for mental health services. The bill also requires the
director of OEO to, following the fourth year of the operation of the charter school,
submit a written report to the Department of Health Services regarding the
operation and effectiveness of the charter school.
The bill permits the state superintendent to award a start-up grant towards
the establishment of the recovery charter school of up to $50,000 in fiscal year
2017-18 if the director of OEO procures matching funds equal to the amount of the
grant. Under the bill, the Department of Public Instruction must pay to the operator
of the recovery charter school the same per pupil amount as is paid to the operator
of other charter schools.
The bill prohibits a health care policy, plan, or contract from excluding coverage
for mental health or behavioral health treatment or services provided by the recovery
charter school if the policy, plan, or contract covers mental health or behavior health
treatment or services when provided by another health care provider.
This proposal may contain a health insurance mandate requiring a social and
financial impact report under s. 601.423, stats.
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:
SB6,1 1Section 1. 20.255 (2) (fp) of the statutes is amended to read:
SB6,2,32 20.255 (2) (fp) Charter schools; office of educational opportunity. A sum
3sufficient to make the payments to charter schools under s. 118.40 (2x) (e) 1.
SB6,2 4Section 2. 20.255 (2) (fq) of the statutes is created to read:
SB6,3,25 20.255 (2) (fq) Charter schools; office of educational opportunity recovery
6charter schools.
A sum sufficient to make the payments to charter schools under s.

1118.40 (2x) (e) 1m. and for the grant under 2017 Wisconsin Act .... (this act), section
221 (2 ).
SB6,3 3Section 3. 20.255 (2) (fq) of the statutes, as affected by 2017 Wisconsin Act ....
4(this act), is amended to read:
SB6,3,85 20.255 (2) (fq) Charter schools; office of educational opportunity recovery
6charter schools
. A sum sufficient to make the payments to charter schools under s.
7118.40 (2x)(e) 1m. and for the grant under 2017 Wisconsin Act .... (this act), section
8(21) (2 ).
SB6,4 9Section 4. 66.0137 (4) of the statutes is amended to read:
SB6,3,1610 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or
11a village provides health care benefits under its home rule power, or if a town
12provides health care benefits, to its officers and employees on a self-insured basis,
13the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
14632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.867,
15632.87 (4), (5), and to (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513
16(4).
SB6,5 17Section 5. 118.40 (2x) (cm) of the statutes is created to read:
SB6,3,2218 118.40 (2x) (cm) Notwithstanding par. (c), the director may enter into a
19contract to establish, as a pilot project, only one recovery charter school, to be located
20in this state and that operates only high school grades, if the term of the contract is
21limited to 4 consecutive school years and the contract requires the charter school
22operator to do all of the following:
SB6,3,2423 1. Provide an academic curriculum that satisfies the high school graduation
24requirements under s. 118.33.
SB6,4,2
12. Provide therapeutic programming and support for pupils in recovery from
2substance use disorder or dependency.
SB6,4,43 3. Require prospective pupils to apply to attend the charter school and
4condition eligibility for enrollment on all of the following:
SB6,4,65 a. That the applicant has begun treatment in a substance use disorder or
6dependency program.
SB6,4,87 b. That the applicant will have maintained sobriety for at least 30 days prior
8to attending the charter school.
SB6,4,119 c. That the applicant submit to a drug screening assessment and, if indicated,
10a drug test. An applicant who tests positive for the presence of a drug in his or her
11system may not be enrolled in the charter school.
SB6,4,1212 4. Limit enrollment to no more than 15 pupils.
SB6,4,1513 5. Require, as a condition of continuing enrollment, that an applicant receive
14counseling from substance use disorder or dependency counselors employed by the
15charter school while enrolled in the charter school.
SB6,4,1616 6. Establish the following policies for pupils attending the charter school:
SB6,4,2017 a. Suspension and expulsion policies for pupils. The operator shall provide for
18incremental and rehabilitative discipline in the policies under this subd. 6. a. The
19operator shall model expulsion procedures on the procedures for expulsion under s.
20120.13 (1) (c) 3.
SB6,4,2221 b. That a pupil attending the charter school may elect to unenroll from the
22charter school upon the completion of any treatment program required of the pupil.
SB6,5,223 7. Require, as a condition of continuing enrollment, that an applicant submit
24claims for coverage of therapeutic programming and support and counseling

1provided by the charter school to any health care plan, as defined in s. 628.36 (2) (a)
21., under which the applicant is covered for mental health services.
SB6,6 3Section 6. 118.40 (2x) (e) 1. of the statutes is amended to read:
SB6,5,94 118.40 (2x) (e) 1. Beginning in the 2016-17 school year, from the appropriation
5under s. 20.255 (2) (fp), for each pupil attending a charter school established under
6this subsection, other than the charter school established under par. (cm), the
7department shall pay to the operator of a charter school established under this
8subsection an amount equal to the per pupil amount paid to an operator of a charter
9school under sub. (2r) (e) in that school year.
SB6,7 10Section 7. 118.40 (2x) (e) 1m. of the statutes is created to read:
SB6,5,1511 118.40 (2x) (e) 1m. Beginning in the 2017-18 school year, from the
12appropriation under s. 20.255 (2) (fq), for each pupil attending the charter school
13established under par. (cm), the department shall pay to the operator of the charter
14school an amount equal to the per pupil amount paid to an operator of a charter
15school under sub. (2r) (e) in that school year.
SB6,8 16Section 8. 118.40 (2x) (e) 2. of the statutes is amended to read:
SB6,5,2017 118.40 (2x) (e) 2. The department shall pay 25 percent of the total amount
18required to be paid under this paragraph in September, 25 percent in December, 25
19percent in February, and 25 percent in June. The department shall send the check
20to the operator of the charter school.
SB6,9 21Section 9. 118.40 (2x) (e) 3. of the statutes is created to read:
SB6,6,322 118.40 (2x) (e) 3. If, after the 3rd Friday in September in any school year, a pupil
23who had enrolled in the charter school established under par. (cm) withdraws from
24that charter school and enrolls in a public school in a school district in that school
25year, for each installment under subd. 2. that was not paid to the charter school in

1that school year, the state superintendent shall pay to the board of the school district
2in which the pupil enrolls, from the appropriation under s. 20.255 (2) (fp), the per
3pupil amount under subd. 1m. multiplied by 0.25.
SB6,10 4Section 10. 118.40 (3) (f) of the statutes is renumbered 118.40 (3) (f) 1. and
5amended to read:
SB6,6,106 118.40 (3) (f) 1. A contract with a school board, an entity under sub. (2r) (b) a.
7to h.
, or the director under sub. (2x) may provide for the establishment of more than
8one charter school, and, except as provided in subd. 2., a charter school governing
9board may enter into more than one contract with a school board, an entity under
10sub. (2r) (b), or the director under sub. (2x).
SB6,11 11Section 11. 118.40 (3) (f) 2. of the statutes is created to read:
SB6,6,1412 118.40 (3) (f) 2. The governing board of the charter school established under
13a contract with the director under sub. (2x) (cm) may not enter into more than one
14contract with the director.
SB6,12 15Section 12. 118.40 (3) (g) 2. of the statutes is renumbered 118.40 (3) (g) 2. a.
16and amended to read:
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