2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 558
March 5, 2012 - Offered by Representative Pope-Roberts.
AB558-ASA1-AA2,1,11 At the locations indicated, amend the substitute amendment as follows:
AB558-ASA1-AA2,1,3 21. Page 1, line 11: after "effectiveness," insert "a school and school district
3accountability system,".
AB558-ASA1-AA2,1,4 42. Page 8, line 2: after that line insert:
AB558-ASA1-AA2,1,5 5" Section 18c. 115.38 (title) of the statutes is amended to read:
AB558-ASA1-AA2,1,7 6115.38 (title) School accountability system; performance report;
7educational program review.
AB558-ASA1-AA2, s. 18g 8Section 18g. 115.38 (1) of the statutes is renumbered 115.38 (1m), and 115.38
9(1m) (intro.), (c) and (e), as renumbered, are amended to read:
AB558-ASA1-AA2,2,210 115.38 (1m) (intro.) The Annually, the state superintendent shall develop
11prepare a school and school district performance report for use by school districts

1under sub. (2)
. The report shall include all of the following by school and by school
2district:
AB558-ASA1-AA2,2,63 (c) Staffing and financial data information, as determined by the state
4superintendent, not to exceed 10 items. The state superintendent may not request
5a school or school board to provide information solely for the purpose of including the
6information in the report under this paragraph.
AB558-ASA1-AA2,2,87 (e) The method of reading instruction used in the school or school district and
8the textbook series used to teach reading in the school or school district.
AB558-ASA1-AA2, s. 18n 9Section 18n. 115.38 (1e) to (1k) of the statutes are created to read:
AB558-ASA1-AA2,2,1210 115.38 (1e) In this section, "school" means a public school, including a charter
11school, and a private school participating in a parental choice program under s.
12118.60 or 119.23.
AB558-ASA1-AA2,2,15 13(1g) The department shall establish a comprehensive school and school district
14accountability system beginning in the 2012-13 school year that includes all of the
15following components:
AB558-ASA1-AA2,2,1716 (a) Multiple measures to determine a school's performance or a school district's
17improvement status under s. 118.42, including all of the following:
AB558-ASA1-AA2,2,1818 1. Pupil achievement and growth in reading and mathematics.
AB558-ASA1-AA2,2,2019 2. Measures of college and career readiness for high school pupils and measures
20indicative of being on track for college and career readiness in the elementary grades.
AB558-ASA1-AA2,2,2221 3. Gaps in pupil achievement and rates of graduation, categorized by race,
22English language proficiency, disability, and income level.
AB558-ASA1-AA2,3,923 (b) An index system to identify a school's level of performance and annually
24place each school into one of 6 performance categories based on data derived from
25multiple school years. The department shall collect and disseminate the best

1practices from the schools placed in the highest performance category. For schools
2placed in the lowest performance category, the department shall identify
3opportunities to provide support and shall intervene as provided in pars. (d) to (f).
4As part of that intervention, the department shall establish performance
5improvement benchmarks, which shall reflect the annual improvement necessary to
6remove the school from the lowest performance category within 3 years.
7Performance improvement benchmarks shall be as uniform as reasonably possible
8for all schools other than those serving predominantly children at risk, as defined in
9s. 118.153 (1) (a).
AB558-ASA1-AA2,3,1410 (c) The production of annual school and school district reports that are timely,
11useful, and understandable. Each school and school district shall display
12prominently on the school's and school district's Internet sites the reports produced
13by the department under this section and make copies available upon request in the
14school's office.
AB558-ASA1-AA2,3,1715 (d) If the department determines that a public school other than a charter
16school is in the lowest performance category, the department shall do all of the
17following:
AB558-ASA1-AA2,3,1918 1. Direct a department-approved, on-site, diagnostic review of the school to
19determine the cause of the school's poor performance.
AB558-ASA1-AA2,3,2120 2. Direct the school board to implement department-approved improvement
21activities, based on the diagnostic review, within 3 school years or close the school.
AB558-ASA1-AA2,3,2522 3. If the school board chooses to implement department-approved
23improvement activities under subd. 2. but after 3 school years remains in the lowest
24performance category, direct the activities of the school in a manner consistent with
25s. 118.42.
AB558-ASA1-AA2,4,2
14. If the diagnostic review under subd. 1. reveals that the school district has
2been in need of improvement for 3 consecutive school years, s. 118.42 applies.
AB558-ASA1-AA2,4,43 (e) If the department determines that a charter school is in the lowest
4performance category, the charter school shall do one of the following:
AB558-ASA1-AA2,4,85 1. After participating in a department-approved, on-site, diagnostic review,
6implement department-approved improvement activities. After 3 years, if the
7charter school remains in the lowest performance category, the department shall
8revoke the school's charter.
AB558-ASA1-AA2,4,129 2. Enter into a performance agreement with the department in which the
10charter school agrees to meet annual, department-approved, performance
11benchmarks. If a benchmark is not met in any year, the department shall revoke the
12school's charter.
AB558-ASA1-AA2,4,1513 (f) If the department determines that a private school participating in a
14program under s. 118.60 or 119.23 is in the lowest performance category, the private
15school shall do one of the following:
AB558-ASA1-AA2,4,2016 1. After participating in a department-approved, on-site, diagnostic review
17paid for by the private school, pay for and implement department-approved
18improvement activities. After 3 years, if the private school remains in the lowest
19performance category, the department shall bar the school from participating in the
20program under s. 118.60 or 119.23.
AB558-ASA1-AA2,4,2421 2. Enter into a performance agreement with the department in which the
22private school agrees to meet annual, department-approved, performance
23benchmarks. If a benchmark is not met in any year, the department shall bar the
24school from participating in the program under s. 118.60 or 119.23.
AB558-ASA1-AA2,5,2
1(1i) In establishing the accountability system under sub. (1g), the department
2shall consult with all of the following:
AB558-ASA1-AA2,5,33 (a) The governor.
AB558-ASA1-AA2,5,54 (b) The chairpersons of the committees in the assembly and the senate whose
5subject matter is elementary and secondary education.
AB558-ASA1-AA2,5,66 (c) The ranking minority members of each of the committees under par. (b).
AB558-ASA1-AA2,5,87 (d) Members of education groups representing school boards, school
8administrators, and teachers.
AB558-ASA1-AA2,5,99 (e) Members of organizations representing pupils and parents.
AB558-ASA1-AA2,5,12 10(1k) (a) The department shall annually report to the appropriate standing
11committees of the legislature under s. 13.172 (3) the performance category to which
12each school has been assigned.
AB558-ASA1-AA2,5,1713 (b) Each school board, the governing body of each charter school under s. 118.40
14(2r), and the governing body of each private school participating in a program under
15s. 118.60 or 119.23 shall annually report to the parent of each pupil enrolled in the
16school or school district the performance category to which the school has been
17assigned.
AB558-ASA1-AA2, s. 18r 18Section 18r. 115.38 (1s) of the statutes is created to read:
AB558-ASA1-AA2,5,2519 115.38 (1s) The governing body of a private school participating in a parental
20choice program under s. 118.60 or 119.23 shall provide the state superintendent with
21any information he or she requests for the purpose of preparing the school
22performance report under sub. (1m). The state superintendent shall prepare the
23report for each private school participating in a parental choice program under s.
24118.60 or 119.23 using only information relating to the pupils who are attending the
25private school under s. 118.60 or 119.23.
AB558-ASA1-AA2, s. 18w
1Section 18w. 115.38 (2) of the statutes is amended to read:
AB558-ASA1-AA2,6,142 115.38 (2) (a) Annually by January 1, each school board shall notify the parent
3or guardian of each pupil enrolled in the school district of the right to request a school
4and school district performance report under this subsection. Except as provided in
5par. (b), annually by May 1, each school board shall, upon request, distribute to the
6parent or guardian of each pupil enrolled in the school district, including pupils
7enrolled in charter schools located in the school district, or give to each pupil to bring
8home to his or her parent or guardian, a school and school district performance report
9that includes the information specified by the state superintendent under sub. (1)
10(1m). The report shall also include a comparison of the school district's performance
11under sub. (1) (1m) (a) and (b) with the performance of other school districts in the
12same athletic conference under sub. (1) (1m) (a) and (b). If the school district
13maintains an Internet site, the report shall be made available to the public at
14prominently displayed on that site.
AB558-ASA1-AA2,6,2015 (b) If a school board enters into an agreement with a federally recognized
16American Indian tribe or band in this state to establish a charter school, that school
17board shall, upon request, distribute to the parent or guardian of each pupil enrolled
18in the charter school a school and school district performance report that includes the
19information specified by the state superintendent under sub. (1) (1m), regardless of
20the location of the charter school.".
AB558-ASA1-AA2,6,21 213. Page 11, line 18: after that line insert:
AB558-ASA1-AA2,6,22 22" Section 21b. 118.40 (3) (f) of the statutes is created to read:
AB558-ASA1-AA2,6,2423 118.40 (3) (f) No charter school may be established by contract unless the
24contract authorizes the department to revoke the contract under sub. (5) (b).
AB558-ASA1-AA2, s. 21e
1Section 21e. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).
AB558-ASA1-AA2, s. 21f 2Section 21f. 118.40 (5) (b) of the statutes is created to read:
AB558-ASA1-AA2,7,43 118.40 (5) (b) A charter may be revoked by the department under s. 115.38 (1g)
4(e).
AB558-ASA1-AA2, s. 21h 5Section 21h. 118.42 (1) (intro.) of the statutes is amended to read:
AB558-ASA1-AA2,7,86 118.42 (1) (intro.) If the state superintendent determines that a school district
7has been in need of improvement for 4 3 consecutive school years, the school board
8shall do all of the following:
AB558-ASA1-AA2, s. 21L 9Section 21L. 118.42 (2) (intro.) of the statutes is amended to read:
AB558-ASA1-AA2,7,1610 118.42 (2) (intro.) If the state superintendent determines that a public school
11was in the lowest performing 5 percent of all public schools in the state in the
12previous school year prior to the 2012-13 school year, or was in the lowest
13performance category under s. 115.38 (1g) (b) in the 2012-13 school year or any
14school year thereafter,
and is located in a school district that has been in need of
15improvement for 4 3 consecutive school years, the school board shall do all of the
16following in the school:
AB558-ASA1-AA2, s. 21p 17Section 21p. 118.42 (3) (a) (intro.) of the statutes is amended to read:
AB558-ASA1-AA2,7,2318 118.42 (3) (a) (intro.) If the state superintendent determines that a school
19district has been in need of improvement for 4 3 consecutive school years, the state
20superintendent may, after consulting with the school board, the school district
21superintendent, and representatives of each labor organization representing school
22district employees, direct the school board to do one or more of the following in the
23school district:
AB558-ASA1-AA2, s. 21r 24Section 21r. 118.42 (3) (b) (intro.) of the statutes is amended to read:
AB558-ASA1-AA2,8,13
1118.42 (3) (b) (intro.) If the state superintendent determines that a public
2school is located in a school district that has been in need of improvement for 4
3consecutive school years, prior to the 2012-13 school year or in a school district that
4has been in need of improvement for 3 consecutive school years beginning in the
52012-13 school year;
and that the school has been in need of improvement for 5
6consecutive school years prior to the 2012-13 school year or was among the lowest
7performing 5 percent of all public schools in the state in the previous school year,
8prior to the 2012-13 school year, or was in the lowest performance category under
9s. 115.38 (1g) (b) in the 2012-13 school year or any school year thereafter;
the state
10superintendent may, after consulting with the school board, the school district
11superintendent, and representatives of each labor organization representing school
12district employees, direct the school board to do one or more of the following in the
13school:
AB558-ASA1-AA2, s. 21u 14Section 21u. 118.42 (3m) of the statutes is created to read:
AB558-ASA1-AA2,8,1715 118.42 (3m) (a) The department shall report annually to the appropriate
16standing committees of the legislature under s. 13.172 (3) the improvement status
17of each school district under this section.
AB558-ASA1-AA2,8,1918 (b) Each school board shall annually report to the parent of each pupil enrolled
19in the school district the improvement status of the school district under this section.
AB558-ASA1-AA2, s. 21y 20Section 21y. 118.42 (4) of the statutes is amended to read:
AB558-ASA1-AA2,9,221 118.42 (4) The state superintendent shall promulgate rules establishing
22criteria and procedures for determining whether a school or school district is in need
23of improvement and whether a school is among the lowest performing 5 percent of
24all public schools in the state, prior to the 2012-13 school year for the purposes of this
25section. Beginning in the 2012-13 school year, the state superintendent shall

1promulgate rules establishing criteria and procedures for determining whether a
2school district is in need of improvement for purposes of this section.
".
AB558-ASA1-AA2,9,3 34. Page 11, line 23: delete "115.38 (2)" and substitute "115.38 (2)".
AB558-ASA1-AA2,9,4 45. Page 12, line 12: after that line insert:
AB558-ASA1-AA2,9,5 5" Section 23m. 121.006 (2) (d) of the statutes is amended to read:
AB558-ASA1-AA2,9,76 121.006 (2) (d) Comply with a directive issued by the state superintendent
7under s. 115.38 (1g) (d) or 118.42 (3) (a) or (b).".
AB558-ASA1-AA2,9,8 86. Page 13, line 3: after that line insert:
AB558-ASA1-AA2,9,14 9"(1m) Accountability system. Notwithstanding section 16.42 (1) (e) of the
10statutes, in submitting information under section 16.42 of the statutes for purposes
11of the 2013-15 biennial budget bill, the department of public instruction shall submit
12information concerning the cost of implementing the school and school district
13accountability system under section 115.38 (1g) to (1k) of the statutes, as created by
14this act.".
AB558-ASA1-AA2,9,15 157. Page 13, line 17: after that line insert:
AB558-ASA1-AA2,9,19 16"(1m) Charter school contracts. The treatment of sections 115.38 (1g) (e) and
17118.40 (3) (f) and (5) (b) of the statutes first applies to a contract for the establishment
18of a charter school that is entered into, modified, or renewed on the effective date of
19this subsection.
AB558-ASA1-AA2, s. 28m 20Section 28m. Effective dates. This act takes effect on the day after
21publication, except as follows:
AB558-ASA1-AA2,9,2322 (1) The treatment of sections 115.38 (1), (1e) to (1k), (1s) and (2) and 119.04 (1)
23of the statutes takes effect on September 1, 2012.".
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