AB51-ASA1, s. 21 6Section 21. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:
AB51-ASA1,10,107 118.40 (2r) (b) 1. (intro.) All Except as provided in subd. 4., any of the following
8entities may establish by charter and operate a charter school or, on behalf of their
9respective entities, may initiate a
contract with an individual or group to operate a
10school as a charter school:
AB51-ASA1, s. 22 11Section 22. 118.40 (2r) (b) 1. e. and f. of the statutes are created to read:
AB51-ASA1,10,1312 118.40 (2r) (b) 1. e. The board of control of a cooperative educational service
13agency.
AB51-ASA1,10,1414 f. The charter school authorizing board.
AB51-ASA1, s. 23 15Section 23. 118.40 (2r) (b) 2. of the statutes is amended to read:
AB51-ASA1,10,2416 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under
17sub. (1m) (b) 3. to 14.
A contract shall include all of the provisions specified under
18sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter
19school on the liability of the contracting entity under this paragraph. The contract
20may include other provisions agreed to by the parties. The chancellor of the
21University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may
22not establish or enter into a contract for the establishment of a charter school under
23this paragraph without the approval of the board of regents of the University of
24Wisconsin System.
AB51-ASA1, s. 24 25Section 24. 118.40 (2r) (b) 3. (intro.) of the statutes is amended to read:
AB51-ASA1,11,8
1118.40 (2r) (b) 3. (intro.) If the chancellor of the University of
2Wisconsin-Parkside contracts for the establishment of a charter school, the contract
3shall also provide that the charter school must be operated by a governing board and
4that the chancellor or his or her designee must be a member of the governing board.
5In addition, if
and the contract provides that the instructional staff of the charter
6school shall consist of employees of the board of regents of the University of
7Wisconsin System, the contract shall also include provisions that do all of the
8following:
AB51-ASA1, s. 25 9Section 25. 118.40 (2r) (b) 4. of the statutes is repealed and recreated to read:
AB51-ASA1,11,1210 118.40 (2r) (b) 4. a. The charter school authorizing board may contract only
11with the governing board of a nonprofit corporation for the operation of a charter
12school.
AB51-ASA1,11,1413 b. No entity under subd. 1. other than the board of control of a cooperative
14educational agency may contract for the operation of a virtual charter school.
AB51-ASA1, s. 26 15Section 26. 118.40 (2r) (bm) of the statutes is amended to read:
AB51-ASA1,11,2516 118.40 (2r) (bm) The common council of the city of Milwaukee, the chancellor
17of the University of Wisconsin-Milwaukee, and the Milwaukee area technical college
18district board may only establish or enter into a contract for the establishment of a
19charter school located in the school district operating under ch. 119. The chancellor
20of the University of Wisconsin-Parkside may only establish or enter into a contract
21for the establishment of a charter school located in a unified school district that is
22located in the county in which the University of Wisconsin-Parkside is situated or
23in an adjacent county. A contract with the charter school authorizing board may only
24authorize the establishment of charter schools located in one school district or in the
25territory of one cooperative educational service agency.
AB51-ASA1, s. 27
1Section 27. 118.40 (2r) (c) and (cm) of the statutes are repealed.
AB51-ASA1, s. 28 2Section 28. 118.40 (2r) (d) (intro.) of the statutes is amended to read:
AB51-ASA1,12,43 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall
4do all of the following:
AB51-ASA1, s. 29 5Section 29. 118.40 (2r) (e) 2. of the statutes is amended to read:
AB51-ASA1,12,136 118.40 (2r) (e) 2. If the chancellor of the University of Wisconsin-Parkside
7establishes or contracts for the establishment of a charter school under this
8subsection, in March the department shall pay to the unified school district in which
9the charter school is located, from the appropriation under s. 20.255 (2) (fm), an
10amount equal to the amount of school aid per pupil to which the unified school district
11is eligible in the current school year multiplied by the number of pupils attending the
12charter school who attended the charter school in the 2010-11 school year and who
13were previously enrolled in the unified school district.
AB51-ASA1, s. 30 14Section 30. 118.40 (2r) (f) of the statutes is amended to read:
AB51-ASA1,12,2015 118.40 (2r) (f) If the chancellor of the University of Wisconsin-Parkside
16establishes or contracts for the establishment of a charter school under this
17subsection, biennially the chancellor shall submit a report to the legislature under
18s. 13.172 (2). The report shall include information on the academic performance of
19the pupils who attend the charter school and on the success of the governance
20structure of the charter school.
AB51-ASA1, s. 31 21Section 31. 118.40 (2r) (g) of the statutes is created to read:
AB51-ASA1,12,2522 118.40 (2r) (g) If a school board leases a building to the governing body of a
23charter school, the lease may not include a provision specifying that it terminates if
24the lessee enters into a contract with an entity under par. (b) to operate a charter
25school.
AB51-ASA1, s. 32
1Section 32. 118.40 (2r) (h) of the statutes is created to read:
AB51-ASA1,13,62 118.40 (2r) (h) 1. If the governing board of a nonprofit corporation wishes to
3contract with the charter school authorizing board to operate a charter school, by
4July 1 it shall submit an application concurrently to the charter school authorizing
5board and the school board of the school district in which the corporation wishes to
6locate the charter school.
AB51-ASA1,13,117 2. By October 1, the school board shall either enter into a contract with the
8governing board of the nonprofit corporation to operate a charter school under sub.
9(2m) or refer the application to the charter school authorizing board unless the school
10board and governing board of the nonprofit corporation jointly request the charter
11school authorizing board for an additional 30 days.
AB51-ASA1,13,1512 3. The charter school authorizing board shall review an application referred to
13it under subd. 2. by February 1 and shall either enter into a contract with the
14governing board of the nonprofit corporation to operate a charter school or deny the
15application.
AB51-ASA1, s. 33 16Section 33. 118.40 (2r) (i) of the statutes is created to read:
AB51-ASA1,13,1917 118.40 (2r) (i) The charter school authorizing board may have in effect up to
18the following number of contracts with the governing boards of nonprofit
19corporations for the operation of charter schools in the following school years:
AB51-ASA1,13,2020 1. In the 2012-13 school year, 5.
AB51-ASA1,13,2121 2. In the 2013-14 school year, 10.
AB51-ASA1,13,2222 3. In the 2014-15 school year, 15.
AB51-ASA1,13,2323 4. In the 2015-16 school year, 20.
AB51-ASA1,13,2424 5. In the 2016-17 school year, 25.
AB51-ASA1,13,2525 6. In the 2017-18 school year or any school year thereafter, any number.
AB51-ASA1, s. 34
1Section 34. 118.40 (2r) (j) of the statutes is created to read:
AB51-ASA1,14,52 118.40 (2r) (j) A charter school established under this subsection is a local
3educational agency under 20 USC 6301 to 6578 and as such is eligible for funding as
4a local educational agency, and shall comply with all requirements of local
5educational agencies, under 20 USC 6301 to 6578.
AB51-ASA1, s. 35 6Section 35. 118.40 (2t) of the statutes is created to read:
AB51-ASA1,14,107 118.40 (2t) State aid reduction. (a) Annually, the department shall
8determine, for each school district, the number of resident pupils attending a charter
9school under contract with the charter school authorizing board or the board of
10control of a cooperative educational service agency under sub. (2r).
AB51-ASA1,14,1611 (b) The department shall reduce each school district's state aid payment under
12s. 121.08 by an amount equal to the number of pupils determined under par. (a)
13multiplied by the amount paid per pupil under sub. (2r) (e) 1. If the state aid payment
14under s. 121.08 is insufficient to cover the reduction, the department shall reduce
15other state aid payments made by the department to the school district by the
16remaining amount.
AB51-ASA1,14,2017 (c) If a pupil attends a charter school as described under par. (a) for less than
18a full school term, the department shall prorate the state aid reduction under par.
19(b) based on the number of days that school is in session and the pupil attends the
20charter school.
AB51-ASA1,14,2321 (d) The department shall ensure that the aid reduction under par. (b) does not
22affect the amount determined to be received by a school district as state aid under
23s. 121.08 for any other purpose.
AB51-ASA1, s. 36 24Section 36. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (c) and
25amended to read:
AB51-ASA1,15,3
1118.40 (3m) (c) A school board or an entity under sub. (2r) (b) shall give Give
2preference in awarding contracts for the operation of charter schools to those charter
3schools that serve children at risk, as defined in s. 118.153 (1) (a).
AB51-ASA1, s. 37 4Section 37. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (b) and
5amended to read:
AB51-ASA1,15,96 118.40 (3m) (b) When establishing or When contracting for the establishment
7of a charter school under this section, a school board or entity specified under sub.
8(2r) (b) shall consider
adhere to the principles and standards for quality charter
9schools established by the National Association of Charter School Authorizers.
AB51-ASA1, s. 38 10Section 38. 118.40 (3) (f) of the statutes is created to read:
AB51-ASA1,15,1411 118.40 (3) (f) A contract with a school board or an entity under sub. (2r) (b) may
12provide for the establishment of more than one charter school, and a charter school
13governing board may enter into more than one contract with a school board or entity
14under sub. (2r) (b).
AB51-ASA1, s. 39 15Section 39. 118.40 (3) (g) of the statutes is created to read:
AB51-ASA1,15,1916 118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a
17contract with a school board or an entity under sub. (2r) (b) shall require that if the
18capacity of the charter school is insufficient to accept all pupils who apply, the charter
19school shall accept pupils at random.
AB51-ASA1,15,2220 2. A charter school shall give preference in enrollment to pupils who were
21enrolled in the charter school in the previous school year and to siblings of pupils who
22are enrolled in the charter school.
AB51-ASA1,16,223 3. A charter school may give preference in enrollment to the children of the
24charter school's founders, governing board members, and full-time employees, but

1the total number of such children given preference may constitute no more than 10
2percent of the charter school's total enrollment.
AB51-ASA1, s. 40 3Section 40. 118.40 (3m) (intro.) of the statutes is created to read:
AB51-ASA1,16,54 118.40 (3m) Charter school authorizer duties. (intro.) A school board or
5entity under sub. (2r) (b) shall do all of the following:
AB51-ASA1, s. 41 6Section 41. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:
AB51-ASA1,16,77 118.40 (3m) (a) Solicit and evaluate charter school applications.
AB51-ASA1,16,98 (d) Approve only high quality charter school applications that meet identified
9educational needs and promote a diversity of educational choices.
AB51-ASA1,16,1210 (e) In accordance with the terms of each charter school contract, monitor the
11performance and compliance with this section of each charter school with which it
12contracts.
AB51-ASA1,16,1413 (f) Annually, submit to the state superintendent and to the legislature under
14s. 13.172 (2) a report that includes all of the following:
AB51-ASA1,16,1815 1. An identification of each charter school operating under contract with it,
16each charter school that operated under a contract with it but had its contract
17nonrenewed or revoked or that closed, and each charter school under contract with
18it that has not yet begun to operate.
AB51-ASA1,16,2019 2. The academic and financial performance of each charter school operated
20under contract with it.
AB51-ASA1,16,2221 3. The operating costs of the school board or entity under sub. (2r) (b) incurred
22under pars. (a) to (e), as detailed in its annual budget.
AB51-ASA1, s. 42 23Section 42. 118.40 (4) (title) of the statutes is amended to read:
AB51-ASA1,16,2524 118.40 (4) (title) Charter school governing board; duties, powers, and
25restrictions.
AB51-ASA1, s. 43
1Section 43. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and
2118.40 (4) (ar) (intro.), as renumbered, is amended to read:
AB51-ASA1,17,43 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of
4the following:
AB51-ASA1, s. 44 5Section 44. 118.40 (4) (ag) of the statutes is created to read:
AB51-ASA1,17,96 118.40 (4) (ag) Governing board. Each charter school shall be governed by a
7governing board that is a party to the contract with the authorizing entity. No more
8than a minority of the governing board's members may be staff of the charter school
9or of the school district in which the charter school is located.
AB51-ASA1, s. 45 10Section 45. 118.40 (4) (ar) 3. of the statutes is created to read:
AB51-ASA1,17,1611 118.40 (4) (ar) 3. If the governing board is under contract with the charter
12school authorizing board, annually pay to the board a fee equal to the amount
13determined by multiplying the operational costs of all charter schools that it
14operated under contract with the board in the previous school year by 0.02. In order
15to determine the fee payable in the first school year of operation, the charter school
16governing board shall estimate its total operational costs in that school year.
AB51-ASA1, s. 46 17Section 46. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and
18amended to read:
AB51-ASA1,17,2419 118.40 (3) (h) Single-sex schools and courses. A school board may enter into
20a contract for,
and an entity under sub. (2r) may establish or enter into a contract
21for, the establishment of a charter school that enrolls only one sex or that provides
22one or more courses that enroll only one sex if the school board or entity under sub.
23(2r) makes available to the opposite sex, under the same policies and criteria of
24admission, schools or courses that are comparable to each such school or course.
AB51-ASA1, s. 47 25Section 47. 118.40 (4) (d) of the statutes is created to read:
AB51-ASA1,18,3
1118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school
2governing board has all the powers necessary to carry out the terms of its contract,
3including the following:
AB51-ASA1,18,44 1. To receive and disburse funds for school purposes.
AB51-ASA1,18,55 2. To secure appropriate insurance.
AB51-ASA1,18,96 3. To enter into contracts, including contracts with a University of Wisconsin
7institution or college campus, technical college district board, or private college or
8university, for technical or financial assistance, academic support, curriculum
9review, or other services.
AB51-ASA1,18,1010 4. To incur debt in reasonable anticipation of the receipt of funds.
AB51-ASA1,18,1211 5. To pledge, assign, or encumber its assets to be used as collateral for loans or
12extensions of credit.
AB51-ASA1,18,1313 6. To solicit and accept gifts or grants for school purposes.
AB51-ASA1,18,1414 7. To acquire real property for its use.
AB51-ASA1,18,1515 8. To sue and be sued in its own name.
AB51-ASA1, s. 48 16Section 48. 118.40 (6) of the statutes is amended to read:
AB51-ASA1,18,2117 118.40 (6) Program voluntary. No Unless all of the public schools in a school
18district have been converted to charter schools under sub. (2) (b) or (2m) (b), no
pupil
19may be required to attend a charter school without his or her approval, if the pupil
20is an adult, or the approval of his or her parents or legal guardian, if the pupil is a
21minor.
AB51-ASA1, s. 49 22Section 49. 118.40 (7) (am) 1. of the statutes is amended to read:
AB51-ASA1,19,523 118.40 (7) (am) 1. Except as provided in subds. subd. 2. and 3., if a charter
24school is established under sub. (2m) and located in the school district operating
25under ch. 119, the school board of that school district shall determine whether or not

1the charter school is an instrumentality of the school district. If the school board
2determines that a charter school is an instrumentality of the school district, the
3school board shall employ all personnel for the charter school. If the school board
4determines that a charter school is not an instrumentality of the school district, the
5school board may not employ any personnel for the charter school.
AB51-ASA1, s. 50 6Section 50. 118.40 (7) (am) 3. of the statutes is repealed.
AB51-ASA1, s. 51 7Section 51. 118.40 (7) (c) of the statutes is created to read:
AB51-ASA1,19,108 118.40 (7) (c) For the purpose of eligibility for participation in the Wisconsin
9Retirement System, a charter school is considered a public entity that is carrying out
10a governmental purpose.
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