Amendment AP8 ASA1-SB2

LRBs0725/1

ML/PG/JK:all:mp

April 1998 Special Session

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO SENATE BILL 2

May 19, 1998 - Offered by Representatives Jensen, Stone, Walker and Olsen.

SB2-ASA1,1,9 An Act to repeal and recreate 111.70 (4) (m) (intro.), 1., 2. and 4., 119.18 (23) and 119.235; and to create 20.855 (8) of the statutes; relating to: reorganizing schools in a 1st class city school system and prohibiting collective bargaining with respect to reassignment of employes of a 1st class city school system; conversion of private schools to charter schools; educational service contracts between the board of school directors for a 1st class city school system and private schools and agencies; creating the commission on the future of the Milwaukee Public Schools; requiring a referendum in the city of Milwaukee; and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB2-ASA1, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB2-ASA1, s. 2 Section 2. 20.855 (8) of the statutes is created to read:

SB2-ASA1,2,5 20.855 (8) Commission on the future of the Milwaukee Public Schools. (a) Referendum. The amounts in the schedule to reimburse the city of Milwaukee for the cost of conducting the referendum under 1997 Wisconsin Act .... (this act), section 9156 (1) (d ).

SB2-ASA1, s. 3 Section 3. 111.70 (4) (m) (intro.), 1., 2. and 4. of the statutes are repealed and recreated to read:

SB2-ASA1,2,9 111.70 (4) (m) Prohibited subjects of bargaining. (intro.) In a school district, the municipal employer is prohibited from bargaining collectively with respect to:

SB2-ASA1,2,16 1. Reassignment of municipal employes who perform services for a board of school directors under ch. 119 and who are licensed by the state superintendent of public instruction, with or without regard to seniority, as a result of a decision of the board of school directors to contract with an individual or group to operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school to a charter school, or the impact of any such reassignment on the wages, hours or conditions of employment of those municipal employes.

SB2-ASA1,3,3 2. Reassignment of municipal employes who perform services for a board of school directors and who are licensed by the state superintendent of public instruction, with or without regard to seniority, as a result of the decision of the board to reorganize a school under s. 119.18 (23), or the impact of any such reassignment on the wages, hours or conditions of employment of those municipal employes. This subdivision does not apply after June 30, 2001.

SB2-ASA1,3,8 4. Any decision of a board of school directors to contract with a school or agency to provide educational programs under s. 119.235, or the impact of any such decision on the wages, hours or conditions of employment of the municipal employes who perform services for the board and who are licensed by the state superintendent of public instruction.

SB2-ASA1, s. 4 Section 4. 119.18 (23) of the statutes is repealed and recreated to read:

SB2-ASA1,3,17 119.18 (23) School reorganizations. The board may reorganize any school that it determines is low in performance by adopting a resolution to that effect. If the superintendent of schools recommends to the board that a school be reorganized, he or she shall state the reasons for the recommendation in writing. If the board reorganizes a school, the superintendent of schools may reassign the school's staff members who are licensed by the state superintendent without regard to seniority in service and may reassign other employes of the board who are licensed by the state superintendent to the school without regard to seniority in service.

SB2-ASA1, s. 5 Section 5. 119.235 of the statutes is repealed and recreated to read:

SB2-ASA1,4,2 119.235 Contracts with private schools and agencies. (1) The board may contract with any nonsectarian private school located in the city or any nonsectarian private agency located in the city to provide educational programs to pupils enrolled in the school district operating under this chapter. The board shall ensure that each private school or agency under contract with the board complies with ss. 118.125 and 118.13, 20 USC 1232g, 20 USC 1681 to 1688, 20 USC 3171 to 3197, 29 USC 794, 42 USC 2000d and 42 USC 6101 to 6107, and all health and safety laws and rules that apply to public schools.

SB2-ASA1,4,4 (2) Each private school or agency under contract with the board shall do all of the following:

SB2-ASA1,4,5 (a) Offer a full school year educational program.

SB2-ASA1,4,6 (b) Participate in the board's parent information program.

SB2-ASA1,4,8 (c) Offer diverse opportunities for parents to participate in the school's programs.

SB2-ASA1,4,9 (d) Meet insurance and financial requirements established by the board.

SB2-ASA1,4,11 (e) Develop a pupil recruitment and enrollment plan that incorporates all of the following:

SB2-ASA1,4,12 1. A good faith effort to achieve racial balance.

SB2-ASA1,4,14 2. A pupil selection process that gives preference to the siblings of enrolled pupils and that gives no other preferences except those approved by the board.

SB2-ASA1,4,16 3. A statement describing how the plan will serve the needs of low-academic achievers and pupils from low-income families.

SB2-ASA1,4,17 (f) Report to the board any information requested by the board.

SB2-ASA1,4,20 (3) Any pupil enrolled in the school district operating under this chapter may attend, at no charge, any private school or agency with which the board has contracted under sub. (1) if space is available in the private school or agency.

SB2-ASA1,4,24 (4) The board shall establish appropriate, quantifiable performance standards for pupils at each private school or agency with which it contracts in such areas as attendance, reading achievement, pupil retention, pupil promotion, parent surveys, credits earned and grade point average.

SB2-ASA1,5,4 (5) Annually, the board shall monitor the performance of the program under this section. The board may use the results of standardized basic educational skills tests to do so. The board shall include a summary of its findings in its annual report to the state superintendent under s. 119.44.

SB2-ASA1, s. 9156 Section 9156. Nonstatutory provisions; other.

SB2-ASA1,5,6 (1) Commission on the future of the Milwaukee Public Schools; referendum.

SB2-ASA1,5,8 (a) There is created a commission on the future of the Milwaukee Public Schools consisting of the following members:

SB2-ASA1,5,10 1. The speaker of the assembly and the leader of the minority party in the assembly or their designees, who shall be representatives to the assembly.

SB2-ASA1,5,12 2. The majority and minority party leaders in the senate or their designees, who shall be senators.

SB2-ASA1,5,14 3. The mayor of the city of Milwaukee or his or her designee, who shall reside in the city of Milwaukee.

SB2-ASA1,5,16 4. One person appointed by the school board operating under chapter 119 of the statutes, who shall reside in the city of Milwaukee.

SB2-ASA1,5,18 5. Three persons appointed by the governor, all of whom shall reside in the city of Milwaukee.

SB2-ASA1,5,21 (b) The speaker of the assembly or his or her designee, whoever is a member of the commission, shall call the initial meeting of the commission. At the initial meeting, the members shall elect a chairperson.

SB2-ASA1,6,3 (c) By December 31, 1998, the commission shall submit a report to the governor, the mayor of the city of Milwaukee, the school board operating under chapter 119 of the statutes, and the legislature in the manner provided by section 13.172 (2) of the statutes. The report shall describe the commission's proposal for the future policy direction of the Milwaukee Public Schools and shall include the text of the questions to be submitted to the electors of the city of Milwaukee at the referendum to be held under paragraph (d).

SB2-ASA1,6,7 (d) There shall be submitted to the electors of the city of Milwaukee, at a referendum to be held at the spring election in April 1999, one or more questions which shall be proposed by the commission, for advisory purposes only, concerning the future policy direction of the Milwaukee Public Schools.

SB2-ASA1,6,14 (e) The board of election commissioners of the city of Milwaukee may submit to the department of administration a statement of its costs incurred in conducting the referendum to be held under paragraph (d ). The department of administration shall audit and reimburse the treasurer of the city of Milwaukee for all such lawful costs incurred from the appropriation under section 20.855 (8) (a) of the statutes, as created by this act, to the extent that the moneys appropriated under that paragraph are sufficient to make that reimbursement.

SB2-ASA1, s. 9228 Section 9228. Appropriation changes; joint committee on finance.

SB2-ASA1,6,20 (1) Supplemental appropriations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the joint committee on finance under section 20.865 (4) (a) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $25,000 for fiscal year 1998-99 to increase funding for the purpose specified in Section 9156 (1) (e ) of this act.

SB2-ASA1, s. 9356 Section 9356. Initial applicability; other.

SB2-ASA1,7,2 (1) Collective bargaining. The treatment of section 111.70 (4) (m) (intro.), 1., 2. and 4. of the statutes first applies to employes who are affected by a collective bargaining agreement that contains provisions inconsistent with that treatment on the day on which the collective bargaining agreement expires or is extended, modified or renewed, whichever occurs first.

SB2-ASA1,7,3 (End)