Amendment ASA1-SB286

SB286-ASA1,12,21 115.385 (3) This section does not apply after September 30, 2016.

SB286-ASA1,16 Section 16. 115.39 of the statutes is created to read:

SB286-ASA1,12,25 115.39 School and school district accountability system. (1) In this section, "school" means a public school, including a charter school, and a private school participating in a parental choice program under s. 118.60 or 119.23.

SB286-ASA1,13,3 (2) The department shall establish a comprehensive school and school district accountability system beginning in the 2016-17 school year that includes all of the following components:

SB286-ASA1,13,6 (a) Multiple measures to determine a school's and school district's performance, including all of the following categorized by English language proficiency, disability, income level, and race or ethnicity:

SB286-ASA1,13,7 1. Pupil achievement in reading and mathematics.

SB286-ASA1,13,9 2. Growth in pupil achievement in reading and mathematics, calculated using a value-added methodology that includes demographic controls.

SB286-ASA1,13,11 3. Gap closure in growth in pupil achievement in reading and mathematics and, when available, in graduation rates.

SB286-ASA1,13,14 4. Rates of attendance or of high school graduation. The measure under this subdivision shall include a measure of improvement in addition to a measure of attainment.

SB286-ASA1,13,17 (b) Measures to ensure that all applicable data elements collected and calculations performed are done consistently and in a uniform manner for all schools and school districts.

SB286-ASA1,13,19 (c) A grading system to rate a school's and a school district's level of performance as one of the following:

SB286-ASA1,13,20 1. Significantly exceeds expectations.

SB286-ASA1,13,21 2. Exceeds expectations.

SB286-ASA1,13,22 3. Meets expectations.

SB286-ASA1,13,23 4. Meets few expectations.

SB286-ASA1,13,24 5. Fails to meet expectations.

SB286-ASA1,13,25 (3) The department shall do all of the following:

SB286-ASA1,14,6 (a) Except as provided in sub. (6), annually grade the performance of each school and school district under sub. (2) (c) and issue an accountability report for the school or school district that is clear and easily understandable. Except with regard to pupil achievement and attendance and high school graduation status, the department shall base the grade on data derived from at least 2 consecutive school years, and from at least 3 consecutive school years when feasible.

SB286-ASA1,14,10 (c) Collect and disseminate the best practices from schools, except that the department may not collect information for this purpose from a private school participating in a parental choice program under s. 118.60 or 119.23 without the private school's consent.

SB286-ASA1,14,19 (d) On the accountability report for a private school participating in a parental choice program under s. 118.60 or 119.23, identify the grade derived from data generated by pupils attending the private school under s. 118.60 or 119.23 as a choice pupil report and, if the private school submits achievement data as provided in sub. (4m) (b), include a grade derived from data generated by all pupils attending the private school and identify it as a private school report. The department may use only the former grade in determining when a sanction under s. 118.60 (9m) or 119.23 (9m) may be imposed. The report shall also specify the number and percentage of pupils attending the private school under s. 118.60 or 119.23.

SB286-ASA1,14,21 (e) Include a data component in a school accountability report for a school year only if the component includes data from at least 20 pupils in that school year.

SB286-ASA1,14,24 (f) At least 30 days before issuing an accountability report for a school or school district under this section, provide the school or school district an opportunity to review a preliminary version of the report and correct errors.

SB286-ASA1,15,6 (g) If a private school participating in a parental choice program under s. 118.60 or 119.23 submits achievement data as provided in sub. (4m) (b), include on the first page of the school's accountability report the private school's grade derived from data generated by all pupils attending the private school, displayed as prominently on the page as the private school's grade derived solely from data generated by pupils attending the private school under s. 118.60 or 119.23.

SB286-ASA1,15,8 (4) Subject to sub. (4m) (a), the department may use only the following information for each measure specified in sub. (2) (a):

SB286-ASA1,15,10 (a) For measuring pupil achievement in reading and mathematics under sub. (2) (a) 1.:

SB286-ASA1,15,13 1. Scores on the reading and mathematics examinations administered under s. 118.30, including scores on the alternate reading and mathematics examinations administered to children with significant cognitive disabilities.

SB286-ASA1,15,14 2. The disability status of pupils taking the examinations under s. 118.30.

SB286-ASA1,15,15 3. The grade level of pupils taking the examinations under s. 118.30.

SB286-ASA1,15,16 4. The race or ethnicity of pupils taking the examinations under s. 118.30.

SB286-ASA1,15,18 5. The English proficiency status of pupils taking the examinations under s. 118.30.

SB286-ASA1,15,19 6. The economic status of pupils taking the examinations under s. 118.30.

SB286-ASA1,15,21 7. The enrollment status and history of pupils attending the school or school district.

SB286-ASA1,15,23 (b) For measuring growth in pupil achievement in reading and mathematics under sub. (2) (a) 2., the information under par. (a).

SB286-ASA1,16,4 (c) For measuring gap closure in growth in pupil achievement in reading and mathematics and in graduation rates under sub. (2) (a) 3., the information under par. (a) and the information under par. (d). When measuring gap closure, the department shall ensure that a subgroup with a sufficient number of pupils within a school or school district is compared to the statewide performance of pupils who are not in that subgroup.

SB286-ASA1,16,9 (d) For measuring rates of attendance and of high school graduation under sub. (2) (a) 4., the information under par. (a); attendance data; data about pupils who graduate from high school with a regular diploma within 4 school years, within 5 school years, and within 6 school years; and data about pupils identified in sub. (6) (a) who graduate from high school with a regular diploma within 6 school years.

SB286-ASA1,16,13 (4m) (a) Except as provided in par. (b), for a private school participating in a parental choice program under s. 118.60 or 119.23, the department may use for each measure specified in sub. (2) (a) only the information specified in sub. (4) that pertains to pupils attending the private school under the program.

SB286-ASA1,16,22 (b) If a private school participating in a parental choice program under s. 118.60 or 119.23 administers a nationally recognized, norm-referenced test that has been approved by the department to pupils attending the private school, the private school may submit to the department achievement data derived from the test. The department shall submit the data to the University of Wisconsin-Madison Value-Added Research Center, which shall statistically equate the scores so that the data may be used to measure the achievement and growth of pupils attending the private school. The department shall then use the data to do so. The department shall pay the center's costs from the appropriation under s. 20.255 (3) (fm).

SB286-ASA1,17,2 (c) To the extent practicable, the department shall use existing data obtained through the student information system under s. 115.383 for the purposes of this section and develop data collection procedures that reduce the administrative burden and cost for private schools participating in a parental choice program under s. 118.60 or 119.23.

SB286-ASA1,17,7 (6) (a) If the department determines that there is insufficient data about a school to grade its performance under sub. (3) (a) or that a grade under sub. (2) (c) is inappropriate because the school serves exclusively pupils in any of the following categories, the department shall issue an accountability report for the school but grade the school as "satisfactory" or "needs improvement":

SB286-ASA1,17,8 1. A child at risk, as defined in s. 118.153 (1) (a).

SB286-ASA1,17,10 2. A pupil for whom an individualized education program or individualized family service plan is in effect.

SB286-ASA1,17,14 3. A pupil who has provided the school with a letter from a physician, a psychologist licensed under s. 455.04, or a professional counselor licensed under s. 457.12 that specifies the pupil's special needs and the accommodations necessary in order to enable the pupil to take standardized assessments.

SB286-ASA1,17,18 (b) If sub. (4m) (b) applies to a private school participating in a parental choice program under s. 118.60 or 119.23, the private school may direct the department to display on the school's accountability report the percentile rank of pupil scores on the test instead of a grade under sub. (2) (c).

SB286-ASA1,17,22 (c) If the department determines that the percentage of pupils in a school who participate in the examinations administered under s. 118.30 is inadequate, the department may use that as a factor in determining the school's grade under sub. (3) (a).

SB286-ASA1,18,2 (7) The legislative audit bureau shall study the department's methodology for calculating the performance of schools and school districts for the most recently issued accountability reports under this section and submit its findings to the joint legislative audit committee under s. 13.172 (3) in January 2019 and annually thereafter.

SB286-ASA1,18,6 (8) (a) By July 1 of each odd-numbered year, the academic accountability council shall make recommendations to the department, and provide a copy of the recommendations to the appropriate standing committees of the legislature under s. 13.172 (3), on all of the following:

SB286-ASA1,18,11 1. Whether a school, determined by the University of Wisconsin-Madison Value-Added Research Center to demonstrate high-value added growth under s. 118.40 (5) (b) 4., 118.425 (4) (d) 1., 118.60 (9m) (a) 4., or 119.23 (9m) (a) 4., should be sanctioned under s. 118.40 (5) (b), 118.425 (4), 118.60 (9m), or 119.23 (9m), and defining "high-value added growth" for the purposes of this subdivision.

SB286-ASA1,18,13 2. How a school's and school district's grade should be affected whenever a pupil is excused from taking an examination under s. 118.30 (2) (b) 3. to 6.

SB286-ASA1,18,18 3. Policies that address appropriate accommodations on statewide assessments for a pupil attending a private school participating in a parental choice program under s. 118.60 or 119.23 who is a child with a disability, a limited-English proficient pupil, or economically disadvantaged, as defined in federal law, that are similar to the accommodations made for such pupils attending public schools.

SB286-ASA1,18,20 4. Further clarifying the data specified in sub. (4) that the department may use for each measure specified in sub. (2) (a).

SB286-ASA1,18,22 5. The methodology for calculating the performance of schools and school districts under this section.

SB286-ASA1,18,24 6. The appropriate weight to be given each of the measures under sub. (2) (a) for the grades issued under sub. (2) (c).

SB286-ASA1,18,25 7. The qualifying score for each grade under sub. (2) (c).

SB286-ASA1,19,3 8. A list of nationally recognized, norm-referenced tests that a private school participating in a parental choice program under s. 118.60 or 119.23 may use under sub. (4m) (b).

SB286-ASA1,19,5 9. Modifying the sanctions under ss. 118.40 (5) (b), 118.425 (4), 118.60 (9m), and 119.23 (9m).

SB286-ASA1,19,7 10. Accrediting agencies for department approval for the purposes of ss. 118.40 (4) (a) 3. and 118.425 (3).

SB286-ASA1,19,10 (b) The academic accountability council annually shall publish a list of the schools being sanctioned and a list of the schools eligible to be sanctioned under ss. 118.40 (5) (b), 118.425 (4), 118.60 (9m), and 119.23 (9m).

SB286-ASA1,17 Section 17. 115.415 (5) of the statutes is created to read:

SB286-ASA1,19,16 115.415 (5) By July 1 of each odd-numbered year, the academic accountability council shall recommend to the state superintendent, and provide a copy of the recommendations to the appropriate standing committees of the legislature under s. 13.172 (3), modifications to the educator effectiveness program developed under this section.

SB286-ASA1,18 Section 18. 118.125 (4) of the statutes is amended to read:

SB286-ASA1,20,8 118.125 (4) Transfer of records. Within 5 working days, a school district, a charter school, including a charter school established under s. 118.40 (2r), and a private school participating in the a parental choice program under s. 118.60 or in the program under s. 119.23 shall transfer to another school, including a private, charter, or tribal 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, private, and tribal schools.

SB286-ASA1,19 Section 19. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

SB286-ASA1,20,13 118.40 (2r) (b) 1. (intro.) All Any of the following entities may establish by charter and operate a charter school or, on behalf of their respective entities, may initiate a contract with an individual or group a person to operate a school as a charter school:

SB286-ASA1,20 Section 20. 118.40 (2r) (b) 2. of the statutes is amended to read:

SB286-ASA1,20,23 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under sub. (1m) (b) 3. to 14. A contract shall include all of the provisions specified under sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter school on the liability of the contracting entity under this paragraph. The contract may include other provisions agreed to by the parties. The chancellor of the University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may not establish or enter into a contract for the establishment of a charter school under this paragraph without the approval of the board of regents of the University of Wisconsin System.

SB286-ASA1,21 Section 21. 118.40 (2r) (b) 2m. of the statutes is amended to read:

SB286-ASA1,21,2 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling a pupil from the charter school.

SB286-ASA1,21,5 b. If the charter or contract includes grounds for expelling a pupil from the charter school as permitted under subd. 2m. a., the charter or contract shall include the procedures to be followed by the charter school prior to expelling a pupil.

SB286-ASA1,22 Section 22. 118.40 (2r) (b) 4. of the statutes is amended to read:

SB286-ASA1,21,8 118.40 (2r) (b) 4. No chartering or contracting entity under subd. 1. may establish or enter into a contract for the establishment of a virtual charter school.

SB286-ASA1,23 Section 23. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286-ASA1,21,20 118.40 (2r) (bm) The common council of the city of Milwaukee and the Milwaukee area technical college district board may establish or enter into a contract for the establishment of a charter school located only in the school district operating under ch. 119. The chancellor of the University of Wisconsin-Milwaukee may establish or enter into a contract for the establishment of a charter school located only in Milwaukee County or in an adjacent county. The chancellor of the University of Wisconsin-Parkside may only establish or enter into a contract for the establishment of a charter school located in a unified school district that is located in the county in which the University of Wisconsin-Parkside is situated or in an adjacent county.

SB286-ASA1,24 Section 24. 118.40 (2r) (cm) of the statutes is amended to read:

SB286-ASA1,21,25 118.40 (2r) (cm) The chancellor of the University of Wisconsin-Parkside may establish or enter into a contract for the establishment of only one charter school under this subsection, which may not operate high school grades and which may not accommodate more than 480 pupils.

SB286-ASA1,25 Section 25. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

SB286-ASA1,22,3 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

SB286-ASA1,26 Section 26. 118.40 (3) (b) of the statutes is amended to read:

SB286-ASA1,22,9 118.40 (3) (b) A contract under par. (a) or under subs. sub. (2m) or (2r) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years, except that upon request of the charter school operator, the initial contract shall be for a term of 5 years. The contract shall specify the amount to be paid to the charter school during each school year of the contract.

SB286-ASA1,27 Section 27. 118.40 (3) (e) of the statutes is amended to read:

SB286-ASA1,22,14 118.40 (3) (e) When establishing or contracting for the establishment of a charter school under this section, a school board or entity specified under sub. (2r) (b) shall consider the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

SB286-ASA1,28 Section 28. 118.40 (4) (a) 3. of the statutes is created to read:

SB286-ASA1,22,19 118.40 (4) (a) 3. If the department determines under s. 115.39 (3) that the charter school has received the grade under s. 115.39 (2) (c) 5. for any school year, seek and maintain accreditation for the school from an accrediting agency approved by the department.

SB286-ASA1,29 Section 29. 118.40 (4) (c) of the statutes is amended to read:

SB286-ASA1,23,2 118.40 (4) (c) Single-sex schools and courses. A school board may enter into a contract for, and an or entity under sub. (2r) (b) may establish or enter into a contract for, the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board or entity under sub. (2r) (b) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.

SB286-ASA1,30 Section 30. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).

SB286-ASA1,31 Section 31. 118.40 (5) (b) of the statutes is created to read:

SB286-ASA1,23,8 118.40 (5) (b) 1. Except as provided in subds. 3. to 4m., a school board or entity under sub. (2r) that has contracted for the establishment of a charter school shall revoke the contract if the department determines under s. 115.39 (3) that the charter school has received the grade under s. 115.39 (2) (c) 5. for 3 consecutive school years.

SB286-ASA1,23,14 2. Except as provided in subds. 3. to 4m., a school board or entity under sub. (2r) that has contracted for the establishment of a charter school shall revoke the contract if the department determines under s. 115.39 (3) that the charter school has received the grade under s. 115.39 (2) (c) 5. in at least 3 of 5 consecutive school years and a grade no higher than the grade under s. 115.39 (2) (c) 4. in the other 2 school years.

SB286-ASA1,23,17 3. A school board or entity under sub. (2r) may not revoke a contract under subd. 1. or 2. based on the grades received by the charter school during the school's first 2 school years.