Amendment ASA2-AB126

LRBs0155/1

FFK:sac&kjf:rs

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO ASSEMBLY BILL 126

October 21, 2013 - Offered by Representative Kooyenga.

AB126-ASA2,2,8 An Act to repeal 118.40 (2) (b) 1., 118.40 (2r) (b) 1. c., 118.40 (2r) (b) 3., 118.40 (2r) (c) 1., 118.40 (2r) (c) 3., 118.40 (2r) (cm), 118.40 (7) (am) 1., 3. and 4., 118.40 (7) (ar) and 118.40 (8) (a) (intro.); to renumber 118.40 (8) (a) 1. and 2.; to renumber and amend 118.40 (1), 118.40 (2r) (bm), 118.40 (2r) (c) 4., 118.40 (4) (a), 118.40 (7) (am) 2. and 118.51 (18); to consolidate, renumber and amend 118.40 (2) (b) (intro.) and 2.; to amend 20.923 (6) (m), 40.02 (55) (intro.), 40.02 (55) (a), 111.81 (7) (f), 111.815 (1), 111.825 (2) (f), 111.92 (1) (c), 115.001 (1), 115.415 (3) (a) (intro.), 115.77 (8), 118.40 (title), 118.40 (1m) (a), 118.40 (1m) (b) 1., 2., 7., 13. and 15., 118.40 (2) (title), 118.40 (2) (a), 118.40 (2m) (title), 118.40 (2m) (a), 118.40 (2m) (am), 118.40 (2m) (b), 118.40 (2r) (title), 118.40 (2r) (b) 1. (intro.), 118.40 (2r) (b) 1. b., 118.40 (2r) (b) 1. d., 118.40 (2r) (b) 2., 118.40 (2r) (b) 2m., 118.40 (2r) (b) 4., 118.40 (2r) (d) (intro.), 118.40 (3) (c) 1., 118.40 (3) (c) 2., 118.40 (3) (e), 118.40 (4) (title), 118.40 (4) (b) (intro.), 118.40 (4) (c), 118.40 (6), 118.40 (7) (a), 119.60 (5), 121.02 (1) (a) 2., 230.08 (2) (dm), 230.35 (1s), 895.523 (1) (a) and 895.525 (5); to repeal and recreate 20.923 (6) (m) and 111.815 (1); and to create 118.40 (1b), 118.40 (1p), 118.40 (2r) (b) 1. bn., 118.40 (2r) (b) 1. cm., 118.40 (2r) (bm) 3., 118.40 (2r) (bm) 5., 118.40 (3) (f), 118.40 (4) (ag), 118.40 (4) (d) and 118.40 (7) (c) of the statutes; relating to: authorizing independent charter schools, replicating charter schools, eliminating noninstrumentality charter schools, magnet schools, and utilizing an alternative process for educator effectiveness.

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

AB126-ASA2,1 Section 1. 20.923 (6) (m) of the statutes is amended to read:

AB126-ASA2,2,15 20.923 (6) (m) University of Wisconsin System: deans, principals, professors, instructors, research assistants, librarians and other teachers, as defined in s. 40.02 (55), the staff of the environmental education board, and instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.

AB126-ASA2,2 Section 2. 20.923 (6) (m) of the statutes, as affected by 2011 Wisconsin Act 32 and 2013 Wisconsin Act .... (this act), is repealed and recreated to read:

AB126-ASA2,2,20 20.923 (6) (m) University of Wisconsin System: all positions, including the chancellor of the University of Wisconsin-Madison, but not including any other position assigned to the University of Wisconsin-Madison.

AB126-ASA2,3 Section 3. 40.02 (55) (intro.) of the statutes is amended to read:

AB126-ASA2,3,5 40.02 (55) (intro.) "Teacher" means any employee engaged in the exercise of any educational function for compensation in the public schools, including charter schools as defined in s. 115.001 (1) that are instrumentalities of a school district, or the university in instructing or controlling pupils or students, or in administering, directing, organizing or supervising any educational activity, but does not include any employee determined to be an auxiliary instructional employee under s. 115.29 (3). "Teacher" includes the following:

AB126-ASA2,4 Section 4. 40.02 (55) (a) of the statutes is amended to read:

AB126-ASA2,3,11 40.02 (55) (a) Any person employed as a librarian by any school board in a library in any school under its jurisdiction, including a charter school as defined in s. 115.001 (1) that is an instrumentality of a school district, whose qualifications as a librarian are at least equal to the minimum librarian qualifications prescribed by the state superintendent of public instruction.

AB126-ASA2,5 Section 5. 111.81 (7) (f) of the statutes is amended to read:

AB126-ASA2,3,15 111.81 (7) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.

AB126-ASA2,6 Section 6. 111.815 (1) of the statutes is amended to read:

AB126-ASA2,4,6 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining unit specified in s. 111.825 (2) (f), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., is responsible for the employer functions under this subchapter.

AB126-ASA2,7 Section 7. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Act 32 and 2013 Wisconsin Act .... (this act), is repealed and recreated to read:

AB126-ASA2,5,3 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining unit specified in s. 111.825 (1r) and (1t), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., is responsible for the employer functions under this subchapter.

AB126-ASA2,8 Section 8. 111.825 (2) (f) of the statutes is amended to read:

AB126-ASA2,5,7 111.825 (2) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.

AB126-ASA2,9 Section 9. 111.92 (1) (c) of the statutes is amended to read:

AB126-ASA2,5,14 111.92 (1) (c) Any tentative agreement reached between the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1r) (ef) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.

AB126-ASA2,10 Section 10. 115.001 (1) of the statutes is amended to read:

AB126-ASA2,5,19 115.001 (1) Charter school. "Charter school" means a school under contract with a school board under s. 118.40 (2) or (2m) or with one of the entities an entity under s. 118.40 (2r) (b), or a school established and operated by one of the entities under s. 118.40 (2r) (b).

AB126-ASA2,11 Section 11. 115.415 (3) (a) (intro.) of the statutes is amended to read:

AB126-ASA2,6,7 115.415 (3) (a) (intro.) The department shall promulgate by rule an equivalency process aligned with the evaluation system established under sub. (2) for a school district, a charter school under contract with a school board that is not an instrumentality of the school district, or a charter school established under s. 118.40 (2r) seeking to utilize an alternative process for the evaluation of teacher and principal practice. The process under this subsection shall be based on the criteria established in the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards, and a school district, a charter school under contract with a school board that is not an instrumentality of the school district, or charter school established under s. 118.40 (2r) that uses the process under this subsection shall evaluate the performance of teachers in the following domains:

AB126-ASA2,12 Section 12. 115.77 (8) of the statutes is amended to read:

AB126-ASA2,6,16 115.77 (8) The local educational agency shall serve children with disabilities who are attending a charter or magnet school under contract with the local educational agency under s. 118.40 in the same manner as it serves children with disabilities attending schools of the local educational agency, and shall provide funds under this subchapter to such charter schools on the same basis as it provides funds under this subchapter to schools of the local educational agency, including proportional distribution based on enrollment of children with disabilities, and at the same time as it distributes other federal funds to the agency's other schools.

AB126-ASA2,13 Section 13. 118.40 (title) of the statutes is amended to read:

AB126-ASA2,6,18 118.40 (title) Charter schools and magnet schools.

AB126-ASA2,14 Section 14. 118.40 (1) of the statutes is renumbered 118.40 (1d) and amended to read:

AB126-ASA2,7,2 118.40 (1d) Notice to state superintendent. Whenever a school board intends to establish a charter school or a magnet school, it shall notify the state superintendent of its intention. Whenever one of the entities under sub. (2r) (b) intends to establish a charter school, it shall notify the state superintendent of its intention by February 1 of the previous school year. A notice under this subsection shall include a description of the proposed school.

AB126-ASA2,15 Section 15. 118.40 (1b) of the statutes is created to read:

AB126-ASA2,7,5 118.40 (1b) Definition. In this section, "magnet school" has the meaning given in 20 USC 7231a.

AB126-ASA2,16 Section 16. 118.40 (1m) (a) of the statutes is amended to read:

AB126-ASA2,7,11 118.40 (1m) (a) A written petition requesting the school board to establish a charter school or magnet school under this section may be filed with the school district clerk. The petition shall be signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school of the school district.

AB126-ASA2,17 Section 17. 118.40 (1m) (b) 1., 2., 7., 13. and 15. of the statutes are amended to read:

AB126-ASA2,7,15 118.40 (1m) (b) 1. The name of the person who is seeking to establish the charter school.

AB126-ASA2,7,20 2. The name of the person who If the proposed school is a charter school. information about the governing board that will be in charge of the charter school, including the names of the members of the governing board, if known, and how members of the governing board are appointed, and the manner in which administrative services will be provided.

AB126-ASA2,7,22 7. Subject to sub. (7) (a) and (am) and ss. 118.19 (1) and 121.02 (1) (a) 2., the qualifications that must be met by the individuals to be employed in the school.

AB126-ASA2,7,24 13. The public school alternatives for pupils who reside in the school district and do not wish to attend or are not admitted to the charter school.

AB126-ASA2,8,2 15. The effect of the establishment of the charter school on the liability of the school district.

AB126-ASA2,18 Section 18. 118.40 (1p) of the statutes is created to read:

AB126-ASA2,8,16 118.40 (1p) Magnet schools; petition or school board initiative. (a) 1. Within 30 days after receiving a petition under sub. (1m), a school board shall hold a public hearing on the petition. At the hearing, the school board shall consider the level of employee and parental support for the establishment of the magnet school described in the petition and the fiscal impact of the establishment of the magnet school on the school district. After the hearing, the school board may grant the petition. The school board of the school district operating under ch. 119 shall either grant or deny the petition within 30 days after the public hearing. If the school board of the school district operating under ch. 119 denies a petition, the person seeking to establish the magnet school may, within 30 days after the denial, appeal the denial to the department. The department shall issue a decision within 30 days after receiving the appeal. The department's decision is final and not subject to judicial review under ch. 227.

AB126-ASA2,8,21 2. If a school board grants a petition under this paragraph, the school board shall contract with the person named in the petition under sub. (1m) (b) 1. to operate the school as a magnet school under this section. The contract shall include all of the provisions specified in the petition and may include other provisions agreed to by the parties.

AB126-ASA2,8,24 (b) 1. A school board may on its own initiative contract with a person to operate a school as a magnet school. The contract shall include all of the provisions specified under sub. (1m) (b) and may include other provisions agreed to by the parties.

AB126-ASA2,9,5 2. At least 30 days before entering in a contract under this paragraph that would convert a private school to a magnet school, the school board shall hold a public hearing on the contract. At the hearing, the school board shall consider the level of employee and parental support for the establishment of the magnet school and the fiscal impact of the establishment of the magnet school on the school district.

AB126-ASA2,9,10 (c) A school board may not enter into a contract under this subsection that would result in the conversion of all of the public schools in the school district to magnet schools unless the school board provides alternative public school attendance arrangements for pupils who do not wish to attend or are not admitted to a magnet school.