SB286-ASA1,25,2
1118.425 Low-performing public schools. (2) Applicability. This section
2applies beginning on July 1, 2019.
SB286-ASA1,25,6 3(3) Accreditation. If the department determines under s. 115.39 (3) that a
4public school has received the grade under s. 115.39 (2) (c) 5. for any school year, the
5school board shall seek and maintain accreditation for the school from an accrediting
6agency approved by the department.
SB286-ASA1,25,13 7(4) Sanctions. (a) Except as provided in par. (d), if the department determines
8under s. 115.39 (3) that a public school has received the grade under s. 115.39 (2) (c)
95. for 3 consecutive school years, or has received the grade under s. 115.39 (2) (c) 5.
10in at least 3 of 5 consecutive school years and a grade no higher than the grade under
11s. 115.39 (2) (c) 4. in the other 2 school years, the school board shall determine
12whether to permanently close the school or contract under s. 118.40 with a person
13to operate the school as a charter school.
SB286-ASA1,25,1914 (b) 1. If the school board determines to contract with a person to operate the
15school as a charter school, it shall enter into the contract by the February 1 following
16the department's determination under par. (a). The contract shall provide for the
17attendance of pupils beginning in the following school year. The contract may not
18require the person operating the school to purchase or lease the school. The contract
19shall require the operator of the charter school to do all of the following in the school:
SB286-ASA1,25,2020 a. Replace the school's principal.
SB286-ASA1,25,2121 b. Implement a rigorous staff evaluation and development system.
SB286-ASA1,25,2322 c. Reward staff who increase pupil academic achievement or high school
23graduation rates.
SB286-ASA1,25,2424 d. Institute comprehensive instructional reform.
SB286-ASA1,25,2525 e. Increase the time provided for pupil instruction.
SB286-ASA1,26,1
1f. Apply community-oriented school strategies.
SB286-ASA1,26,22 g. Provide greater operational flexibility and support for the school.
SB286-ASA1,26,63 2. A school board that contracts with a person to operate the school as a charter
4school under subd. 1. shall dismiss the teachers who had been assigned to the school.
5Any teacher who scores in the lowest 20 percent in the educator effectiveness
6program under s. 115.415 among all teachers statewide may not be rehired.
SB286-ASA1,26,107 3. Notwithstanding ss. 118.24 (2) (a) and (c), 119.16 (1m), 119.18 (1g) and (10),
8119.32 (2) (b), 120.12 (1), and 120.44 (2), if the charter school is an instrumentality
9of the school district, the new principal of the charter school shall determine the
10teachers employed for the school under this paragraph, subject to subd. 2.
SB286-ASA1,26,1411 (c) If the school board determines to permanently close the school under par.
12(a), the school closing takes effect on the July 1 following the issuance of the school's
13accountability report under s. 115.39 (3) containing the department's determination
14under par. (a).
SB286-ASA1,26,1815 (d) 1. Paragraph (a) does not apply if the department determines, based on the
16recommendation of the academic accountability council under s. 115.39 (8) (a) 1. and
17on information provided by the University of Wisconsin-Madison Value-Added
18Research Center, that the school demonstrates high-value added growth.
SB286-ASA1,26,2019 2. A newly constructed school may not be sanctioned under par. (a) based on
20the grades received by the school during the school's first 2 school years of operation.
SB286-ASA1,26,2321 3. A school board is not required to close a school or contract under s. 118.40
22with a person to operate the school as a charter school under par. (a) unless it is
23otherwise required to do so by state law.
SB286-ASA1,27,224 (e) Notwithstanding s. 118.40 (3) (b), the school board shall pay the operator
25of a charter school established under par. (b), for each full-time equivalent pupil

1attending the charter school, an amount equal to at least 90 percent of the average
2per-pupil cost for the school district.
SB286-ASA1,39 3Section 39. 118.60 (9m) of the statutes is created to read:
SB286-ASA1,27,94 118.60 (9m) (a) 1. Except as provided in subds. 3. to 5., if the department
5determines under s. 115.39 (3) that a private school participating in the program
6under this section has received the grade under s. 115.39 (2) (c) 5. for 3 consecutive
7school years, the state superintendent shall issue an order permanently barring the
8private school from accepting any pupils under this section who were not attending
9the private school under this section in the school year in which the order was issued.
SB286-ASA1,27,1610 2. Except as provided in subds. 3. to 5., if the department determines under s.
11115.39 (3) that a private school participating in the program under this section has
12received the grade under s. 115.39 (2) (c) 5. in at least 3 of 5 consecutive school years
13and a grade no higher than the grade under s. 115.39 (2) (c) 4. in the other 2 school
14years, the state superintendent shall issue an order permanently barring the private
15school from accepting any pupils under this section who were not attending the
16private school under this section in the school year in which the order was issued.
SB286-ASA1,27,2017 3. A private school participating in the program under this section may not be
18sanctioned under subd. 1. or 2. based on the grades received by the private school
19during the school's first 2 school years of participating in the program under this
20section.
SB286-ASA1,27,2521 4. If the department determines, based on the recommendation of the academic
22accountability council under s. 115.39 (8) (a) 1. and on information provided by the
23University of Wisconsin-Madison Value-Added Research Center, that the school
24demonstrates high-value added growth, the state superintendent may not issue an
25order under subd. 1. or 2.
SB286-ASA1,28,2
15. The state superintendent may not issue an order under subd. 1. or 2. unless
2he or she is otherwise required to do so by state law.
SB286-ASA1,28,43 (b) A private school that has been barred from accepting new pupils under par.
4(a) may not reopen as a charter school.
SB286-ASA1,40 5Section 40. 118.60 (10) (c) of the statutes, as affected by 2013 Wisconsin Act
620
, is amended to read:
SB286-ASA1,28,97 118.60 (10) (c) Whenever the state superintendent issues an order under par.
8(a), (am), (ar), or (b), or sub. (9m), he or she shall immediately notify the parent or
9guardian of each pupil attending the private school under this section.
SB286-ASA1,41 10Section 41. 118.60 (10) (d) of the statutes is amended to read:
SB286-ASA1,28,1311 118.60 (10) (d) The state superintendent may withhold payment from a private
12school under subs. (4) and (4m) if the private school violates this section or fails to
13participate in the student information system if required under s. 115.383 (3)
.
SB286-ASA1,42 14Section 42. 119.04 (1) of the statutes, as affected by 2013 Wisconsin Act 20,
15is amended to read:
SB286-ASA1,28,2516 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1766.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
18115.345, 115.363, 115.365 (3), 115.38 (2), 115.383, 115.39, 115.415, 115.445, 118.001
19to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to
20118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
21118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245,
22118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52,
23118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2)
24(b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3),
25and 120.25 are applicable to a 1st class city school district and board.
SB286-ASA1,43
1Section 43. 119.23 (9m) of the statutes is created to read:
SB286-ASA1,29,72 119.23 (9m) (a) 1. Except as provided in subds. 3. to 5., if the department
3determines under s. 115.39 (3) that a private school participating in the program
4under this section has received the grade under s. 115.39 (2) (c) 5. for 3 consecutive
5school years, the state superintendent shall issue an order permanently barring the
6private school from accepting any pupils under this section who were not attending
7the private school under this section in the school year in which the order was issued.
SB286-ASA1,29,148 2. Except as provided in subds. 3. to 5., if the department determines under s.
9115.39 (3) that a private school participating in the program under this section has
10received the grade under s. 115.39 (2) (c) 5. in at least 3 of 5 consecutive school years
11and a grade no higher than the grade under s. 115.39 (2) (c) 4. in the other 2 school
12years, the state superintendent shall issue an order permanently barring the private
13school from accepting any pupils under this section who were not attending the
14private school under this section in the school year in which the order was issued.
SB286-ASA1,29,1815 3. A private school participating in the program under this section may not be
16sanctioned under subd. 1. or 2. based on the grades received by the private school
17during the school's first 2 school years of participating in the program under this
18section.
SB286-ASA1,29,2319 4. If the department determines, based on the recommendation of the academic
20accountability council under s. 115.39 (8) (a) 1. and on information provided by the
21University of Wisconsin-Madison Value-Added Research Center, that the school
22demonstrates high-value added growth, the state superintendent may not issue an
23order under subd. 1. or 2.
SB286-ASA1,29,2524 5. The state superintendent may not issue an order under subd. 1. or 2. unless
25he or she is otherwise required to do so by state law.
SB286-ASA1,30,2
1(b) A private school that has been barred from accepting new pupils under par.
2(a) may not reopen as a charter school.
SB286-ASA1,44 3Section 44. 119.23 (10) (c) of the statutes, as affected by 2013 Wisconsin Act
420
, is amended to read:
SB286-ASA1,30,75 119.23 (10) (c) Whenever the state superintendent issues an order under par.
6(a), (am), (ar), or (b), or sub. (9m), he or she shall immediately notify the parent or
7guardian of each pupil attending the private school under this section.
SB286-ASA1,45 8Section 45. 119.23 (10) (d) of the statutes is amended to read:
SB286-ASA1,30,119 119.23 (10) (d) The state superintendent may withhold payment from a private
10school under subs. (4) and (4m) if the private school violates this section or fails to
11participate in the student information system if required under s. 115.383 (3)
.
SB286-ASA1,46 12Section 46. 120.12 (26) of the statutes is created to read:
SB286-ASA1,30,1513 120.12 (26) Staffing and financial data. Upon request, provide to the
14department any staffing or financial data that the department needs to comply with
15state or federal reporting requirements.
SB286-ASA1,47 16Section 47. 121.006 (2) (d) of the statutes is amended to read:
SB286-ASA1,30,1817 121.006 (2) (d) Comply with a directive issued by the state superintendent
18under s. 118.42 (3) (a) or (b).
SB286-ASA1,48 19Section 48. 121.02 (1) (o) of the statutes is repealed.
SB286-ASA1,49 20Section 49.0 Nonstatutory provisions.
SB286-ASA1,30,2121 (1) Academic accountability council.
SB286-ASA1,30,2422 (a) Members. Notwithstanding section 15.377 (5) (a) of the statutes, as created
23by this act, the initial members of the academic accountability council shall be
24appointed for terms expiring as follows:
SB286-ASA1,31,2
11. One member appointed under section 15.377 (5) (a) 1., 3., 5., and 6. of the
2statutes, as created by this act, for terms expiring on July 1, 2015.
SB286-ASA1,31,5 32. The members appointed under section 15.377 (5) (a) 2. and 4. of the statutes,
4as created by this act, and one member appointed under section 15.377 (5) (a) 1. and
53. of the statutes, as created by this act, for terms expiring on July 1, 2016.
SB286-ASA1,31,7 63. One member appointed under section 15.377 (5) (a) 1., 3., 5., and 6. of the
7statutes, as created by this act, for terms expiring on July 1, 2017.
SB286-ASA1,31,138 (b) Report to standing committees. By January 1, 2017, the academic
9accountability council shall submit to the appropriate standing committees of the
10legislature, in the manner provided in section 13.172 (3) of the statutes, a plan for
11including college and career readiness in the measures used for determining a
12school's and a school district's performance under section 115.39 (2) (a) of the
13statutes, as created by this act.
SB286-ASA1,50 14Section 50. Initial applicability.
SB286-ASA1,31,1615 (1) Charter school contracts. The treatment of section 118.40 (3) (b) of the
16statutes first applies to contracts entered into on the effective date of this subsection.
SB286-ASA1,51 17Section 51. Effective dates. This act takes effect on the day after publication,
18except as follows:
SB286-ASA1,31,2119 (1) Low-performing schools. The treatment of sections 118.42 (title), (2), (3)
20(b) and (c) 1. (intro.) and 2., and (4) and 121.006 (2) (d) of the statutes takes effect on
21July 1, 2019.
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