28,2259
Section
2259. 118.125 (4) of the statutes is amended to read:
118.125 (4) Transfer of records. Within 5 working days, a school district and a private school participating in the program under s. 119.23 shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled, that provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.
28,2264
Section
2264. 118.245 of the statutes is repealed.
28,2265
Section
2265. 118.30 (1g) (a) 1. of the statutes is amended to read:
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.
28,2266
Section
2266. 118.30 (1g) (a) 3. of the statutes is created to read:
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.
28,2266d
Section 2266d. 118.30 (1m) (a) of the statutes is amended to read:
118.30 (1m) (a) 1. Except as provided in sub. subs. (6) and (7), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.
2. Beginning on July 1, 2002, if Except as provided in sub. (7), if the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.
28,2266h
Section 2266h. 118.30 (1m) (am) of the statutes is amended to read:
118.30 (1m) (am) 1. Except as provided in sub. subs. (6) and (7), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.
2. Beginning on July 1, 2002, if Except as provided in sub. (7), if the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.
28,2266p
Section 2266p. 118.30 (1m) (b) of the statutes is amended to read:
118.30 (1m) (b) Administer Except as provided in sub. (7), administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade.
28,2267
Section
2267. 118.30 (1s) of the statutes is created to read:
118.30 (1s) (a) Except as provided in par. (b), annually, the governing body of each private school participating in the program under s. 119.23 shall do all of the following:
1. Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 4th grade in the private school under s. 119.23.
2. Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 8th grade in the private school under s. 119.23.
3. Administer the 10th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 10th grade in the private school under s. 119.23.
4. Administer to pupils attending the private school under s. 119.23 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under
20 USC 6311 (b) (3).
(b) If, before January 1, 2010, the state superintendent notifies in writing the cochairpersons of the joint committee on finance and the chairpersons of the appropriate standing committees in each house of the legislature that the department will adopt or approve substantially redesigned examinations under sub. (1) to be initially administered to pupils in the 2011-12 school year, then, in the 2010-11 school year, the governing body of each private school participating in the program under s. 119.23 shall administer nationally normed standardized tests in reading, mathematics, and science to pupils attending the school under s. 119.23 in the 4th, 8th, and 10th grades instead of administering the examinations under par. (a).
28,2268
Section
2268. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:
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).
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.
28,2269
Section
2269. 118.30 (2) (b) 5. of the statutes is created to read:
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) (a) 1. to 3.
28,2269f
Section 2269f. 118.30 (7) of the statutes is created to read:
118.30 (7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under sub. (1m) regardless of the location of the charter school.
28,2270m
Section 2270m. 118.33 (1) (f) 1. of the statutes is amended to read:
118.33 (1) (f) 1. By September 1, 2004, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under par. (a). The criteria shall include the pupil's academic performance, and the recommendations of teachers. Except as provided in subd. subds. 2. and 4., the criteria apply to pupils enrolled in charter schools located in the school district.
28,2271
Section
2271. 118.33 (1) (f) 2m. of the statutes is created to read:
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.
28,2272
Section
2272. 118.33 (1) (f) 3. of the statutes is amended to read:
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, 2010, 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.
28,2272e
Section 2272e. 118.33 (1) (f) 4. of the statutes is created to read:
118.33 (1) (f) 4. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the criteria specified in the policy developed by that school board under subd. 1. apply to pupils enrolled in the charter school, regardless of the location of the charter school.
28,2272m
Section 2272m. 118.33 (6) (a) of the statutes is amended to read:
118.33 (6) (a) 1. Each school board shall adopt a written policy specifying the criteria for promoting a pupil 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 (1m) (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 school board. Except as provided in par. (b) 1. and 3., the criteria apply to pupils enrolled in charter schools located in the school district.
2. Except as provided in par. (b) 2., beginning on September 1, 2002 and 3., a school board may not promote a 4th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 5th grade, and may not promote an 8th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the school board's policy adopted under subd. 1.
28,2272s
Section 2272s. 118.33 (6) (b) 3. of the statutes is created to read:
118.33 (6) (b) 3. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the criteria specified in the policy adopted by that school board under par. (a) 1. apply to pupils enrolled in the charter school and that school board is subject to the prohibitions in par. (a) 2. with respect to pupils enrolled in the charter school, regardless of the location of the charter school.
28,2273
Section
2273. 118.33 (6) (c) of the statutes is created to read:
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) 1. or 2., 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.
2. Beginning on September 1, 2010, 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.
28,2273bd
Section 2273bd. 118.40 (2r) (e) 1. of the statutes is renumbered 118.40 (2r) (e) 1. a. and amended to read:
118.40 (2r) (e) 1. a. From In the 2009-10 and 2010-11 school years, 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 subdivision in the previous school year and the increase in the per pupil amount paid to private schools under s. 119.23 (4) (b) 2. or (bg) in the current school year as compared to the previous school year, multiplied by the number of pupils attending the charter school.
c. The amount paid per pupil under this subdivision may not be less than the amount paid per pupil under this subdivision in the previous school year. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school.
28,2273be
Section 2273be. 118.40 (2r) (e) 1. b. of the statutes is created to read:
118.40 (2r) (e) 1. b. In the 2011-12 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 subdivision in the previous school year and the per pupil revenue limit adjustment under s. 121.91 (2m) in the current school year, multiplied by the number of pupils attending the charter school.
28,2273bf
Section 2273bf. 118.40 (2r) (f) of the statutes is created to read:
118.40 (2r) (f) When establishing or contracting for the establishment of a charter school under this subsection, an entity specified under par. (b) shall consider the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.
28,2273d
Section 2273d. 118.40 (3) (c) 1. of the statutes is renumbered 118.40 (3) (c) 1. (intro.) and amended to read:
118.40 (3) (c) 1. (intro.) A school board may not enter into a contract for the establishment of a charter school located outside the school district, except that if
as follows:
a. If 2 or more school boards enter into an agreement under s. 66.0301 to establish a charter school, the charter school shall be located within one of the school districts, and if.
b. If one or more school boards enter into an agreement with the board of control of a cooperative educational service agency to establish a charter school, the charter school shall be located within the boundaries of the cooperative educational service agency. This subdivision
1m. Subdivision 1. does not apply to the establishment of a virtual charter school.
28,2273h
Section 2273h. 118.40 (3) (c) 1. c. of the statutes is created to read:
118.40 (3) (c) 1. c. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the charter school shall be located within the school district or within the boundaries of the tribe's or band's reservation.
28,2273p
Section 2273p. 118.40 (7) (am) 4. of the statutes is created to read:
118.40 (7) (am) 4. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school under sub. (3) (c) 1. c., that school board shall determine whether the charter school is an instrumentality of the school district regardless of the location of the charter school.
28,2273t
Section 2273t. 118.40 (7) (ar) of the statutes is amended to read:
118.40 (7) (ar) Nothing in this subsection affects the rights of personnel of a charter school that is an instrumentality of the a school district
in which it is located to engage in collective bargaining pursuant to subch. IV of ch. 111.
28,2274t
Section 2274t. 118.51 (16) (e) of the statutes is created to read:
118.51 (16) (e) If in any school year the number determined in par. (a) 2. less the number determined in par. (a) 1. is greater than 10 percent of the school district's membership used to calculate general school aids in that school year, in the following school year the department shall pay to the school district, from the appropriation account under s. 20.255 (2) (ch), the amount determined as follows:
1. Subtract the number of pupils determined in par. (a) 1. for the calculation under par. (e) (intro.) from the number of pupils determined in par. (a) 2 for the calculation under par. (e) (intro.).
2. Multiply the school district's membership used for the calculation under par. (e) (intro.) by 0.10.
3. Subtract the result under subd. 2. from the result in subd. 1.
4. Multiply the difference under subd. 3. by the amount under par. (a) 3. in the previous school year.
28,2276m
Section 2276m. 119.04 (1) of the statutes is amended to read:
119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26) (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.
28,2276v
Section 2276v. 119.23 (1) (a) of the statutes is renumbered 119.23 (1) (ah).
28,2276w
Section 2276w. 119.23 (1) (ae) of the statutes is created to read:
119.23 (1) (ae) "Administrator" means the superintendent, supervising principal, executive director, or other person who acts as the administrative head of a private school participating in the program under this section.
28,2276y
Section 2276y. 119.23 (1) (am) of the statutes is created to read:
119.23 (1) (am) "Preaccreditation" means the review and approval of an educational plan. Review of an education plan includes consideration of whether the school submitting the plan meets the requirements under s. 118.165 (1). The fact that a private school has obtained preaccreditation does not require an accreditation organization to accredit the private school.
28,2277
Section
2277. 119.23 (1) (as) of the statutes is created to read:
119.23 (1) (as) "Progress records" has the meaning given in s. 118.125 (1) (c).
28,2278
Section
2278. 119.23 (2) (a) 3. of the statutes is amended to read:
119.23 (2) (a) 3. The private school notified the state superintendent of its intent to participate in the program under this section, and paid a nonrefundable fee set by the department, by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space. The department shall by rule set the fee charged under this subdivision at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by the private schools under sub. (7) (am) and (d) 2. and 3.
28,2279
Section
2279. 119.23 (2) (a) 6. of the statutes is renumbered 119.23 (2) (a) 6. a. and amended to read:
119.23 (2) (a) 6. a. All Except as provided in subd. 6. c., all of the private school's teachers have graduated from high school or been granted a declaration of equivalency of high school graduation a bachelor's degree from an accredited institution of higher education.
28,2279d
Section 2279d. 119.23 (2) (a) 6. b. and c. of the statutes are created to read:
119.23 (2) (a) 6. b. All of the private school's administrators have at least a bachelor's degree from an accredited institution of higher education.
c. Any teacher employed by the private school on July 1, 2010, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2010, and who does not satisfy the requirements under subd. 6. a. on July 1, 2010, applies to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6. a. The department shall promulgate rules to implement this subd. 6. c., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6. a., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree. No waiver granted under this subd. 6. c. is valid after July 31, 2015.
28,2280b
Section 2280b. 119.23 (2) (a) 7. of the statutes is renumbered 119.23 (2) (a) 7. a. and amended to read:
119.23 (2) (a) 7. a. The Subject to subd. 7. c., for a private school participating in the program under this section on the effective date of this subd. 7. a. .... [LRB inserts date], the private school achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, the Institute for the Transformation of Learning at Marquette University, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year that begins after June 30, 2006, in which it participates in the program under this section, or the private school was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education. If the private school is accredited as provided under this subd. 7. a., the private school is not required to obtain preaccreditation from the Institute for the Transformation of Learning at Marquette University under subd. 7. b. as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.
28,2280c
Section 2280c. 119.23 (2) (a) 7. b. of the statutes is created to read:
119.23 (2) (a) 7. b. Subject to subd. 7. c., for a private school that is a first-time participant in the program under this section on the effective date of this subd. 7. b. .... [LRB inserts date], and that is not accredited as provided under subd. 7. a., the private school obtains preaccreditation from the Institute for the Transformation of Learning at Marquette University by August 1 before the first school term of participation in the program under this section that begins after the effective date of this subd. 7. b. .... [LRB inserts date], or by May 1 if the private school begins participating in the program during summer school, and achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year that begins after the effective date of this subd. 7. b. .... [LRB inserts date], in which it participates in the program under this section. If the private school is accredited under this subd. 7. b., the private school is not required to obtain preaccreditation from the Institute for the Transformation of Learning at Marquette University as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.
