AB961: Bill Text

LRB-4154/3

PG:wlj/kjf/lmk:jf

2005 - 2006 LEGISLATURE

2005 Assembly BILL 961

January 31, 2006 - Introduced by Representatives Sinicki, A. Williams, Fields, Colon, Grigsby, Toles, Young, Turner, Richards, Cullen, Kessler, Zepnick, Lehman, Pope-Roberts, Schneider, Berceau, Sheridan, Travis, Wasserman and Kreuser, cosponsored by Senators Taylor, Coggs, Carpenter, Jauch, Plale, Miller and Erpenbach. Referred to Committee on Education Reform.

AB961,1,8 An Act to repeal 119.23 (2) (a) 2.; to amend 115.38 (3), 118.30 (1g) (a) 1., 118.30 (1g) (c), 118.30 (2) (b) 1. and 2., 118.30 (6), 118.40 (2r) (cm), 118.43 (6) (b) 9., 118.43 (6) (c), 119.23 (2) (a) 1. and 119.23 (2) (b); and to create 118.30 (1g) (a) 3., 118.30 (1s), 118.30 (2) (b) 5., 119.16 (11), 119.23 (2) (a) 7., 119.23 (7) (b) and 121.05 (1) (a) 14. of the statutes; relating to: the Milwaukee Parental Choice Program; state aid to the Milwaukee Public Schools for Milwaukee Parental Choice Program pupils; the Student Achievement Guarantee in Education Program; and independent charter schools.

Analysis by the Legislative Reference Bureau

Milwaukee Parental Choice Program

Under current law, the number of pupils who may attend a private school under the Milwaukee Parental Choice Program (MPCP) is capped at 15 percent of the enrollment of the Milwaukee Public Schools (MPS). If in any school year there are more spaces available in the private schools participating in the MPCP than the maximum number of pupils allowed to attend the private schools under the MPCP, the law directs the Department of Public Instruction (DPI) to prorate the number of spaces available at each participating private school.

This bill provides that the number of pupils who attend private schools under the MPCP in the 2006-07 school year or in any school year thereafter may not exceed 18 percent of the enrollment of MPS. The bill also includes 45 percent of the number of pupils attending a private school under the MPCP in the enrollment of MPS for state aid purposes. The latter provision is phased in over five years. Under the bill, MPS must use the additional state aid generated by counting MPCP pupils to pay teachers and instructional support staff, provide remedial instruction and after-school instruction, and remedy deficiencies in meeting the statutory school district standards.

Under current law, to participate in the MPCP, a pupil must be a member of a family with a total family income of no more than 1.75 times the federal poverty level. This bill allows a pupil to continue to attend an MPCP school if the pupil's family income does not exceed 2.2 times the federal poverty level. The bill also provides that siblings of pupils attending an MPCP school are subject to the higher limit.

Under current law, a pupil may participate in the MPCP only if, in the previous school year, the pupil was enrolled MPS, was attending a private school under the MPCP, was enrolled in grades kindergarten to three in a private school located in the city of Milwaukee other than under the MPCP, or was not enrolled in school. This bill eliminates this eligibility requirement.

The bill requires that each private school participating in the MPCP achieve accreditation by at least one of a number of specified accrediting agencies within two years.

Current law requires each school board to adopt either its own academic standards or the academic standards contained in the governor's executive order issued on January 13, 1998, and to administer fourth, eighth, and tenth grade examinations to fourth, eighth, and tenth grade pupils enrolled in the school district, including pupils enrolled in charter schools (other than independent charter schools) located in the school district. Identical provisions exist under current law for independent charter schools. Under current law, the fourth, eighth, and tenth grade examinations are not required to be administered to pupils participating in the MPCP.

This bill provides that the governing body of a private school participating in the MPCP must adopt academic standards and administer fourth, eighth, and tenth grade examinations to pupils enrolled in the private school under the MPCP. The governing body may either adopt the DPI examinations or develop its own. The bill also requires a private school participating in the MPCP to administer to pupils attending the private school under the MPCP the examinations that are required to be administered to public school pupils by the federal No Child Left Behind Act. The federal act requires examinations in mathematics and reading or language arts in grades three to eight and in high school. Beginning in the 2007-08 school year, the federal act requires examinations in science once in grades three to five, once in grades six to nine, and once in grades ten to twelve. Finally, the federal act requires schools to administer an annual assessment of English proficiency to all limited-English proficient pupils.

Under current law, each school board must administer to all pupils enrolled in the school district in the third grade, including pupils enrolled in charter schools (other than independent charter schools) located in the school district, a standardized reading test developed by DPI. The independent charter schools are required to administer this test to their third grade pupils. Private schools participating in the MPCP are not required to administer this test. This bill imposes this requirement on these private schools.

SAGE

Current law allows a school board to enter into a five-year renewable achievement guarantee (SAGE) contract with DPI to reduce class size and improve academic achievement in grades kindergarten to three in exchange for receiving $2,000 for each low-income pupil enrolled in grades eligible for SAGE funding in the school district. The most recent set of SAGE contracts expires at the end of the 2005-06 school year. Contracts may be renewed for one or more terms of five years.

This bill increases the $2,000 per pupil payment to $2,500 in the 2007-08 school year for contract renewals.

Charter schools

Under current law, school boards may enter into contracts with individuals, groups, businesses, or governmental bodies to establish charter schools, which operate with fewer constraints than traditional public schools. Current law also permits the University of Wisconsin-Milwaukee, the University of Wisconsin-Parkside, the Milwaukee Area Technical College, and the city of Milwaukee to operate charter schools (independent charter schools) directly or to contract for the operation of charter schools.

For the University of Wisconsin-Parkside charter school, current law limits the enrollment to 400 pupils. This bill increases the limit to 480 pupils beginning in the 2006-07 school year.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB961, s. 1 Section 1. 115.38 (3) of the statutes is amended to read:

AB961,3,5 115.38 (3) Annually, the state superintendent shall publish and distribute to the legislature under s. 13.172 (2) a summary of the reports under sub. (2) and a summary of the results of the tests administered under ss. 118.30 (1s) (a) to (c) and 119.23 (7) (b) to pupils attending private schools under s. 119.23.

AB961, s. 2 Section 2. 118.30 (1g) (a) 1. of the statutes is amended to read:

AB961,4,5 118.30 (1g) (a) 1. By August 1, 1998, each school board shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. If the governor has issued The school board may adopt the pupil academic standards issued by the governor as an executive order under s. 14.23, the school board may adopt those standards no. 326, dated January 13, 1998.

AB961, s. 3 Section 3. 118.30 (1g) (a) 3. of the statutes is created to read:

AB961,4,11 118.30 (1g) (a) 3. The governing body of each private school participating in the program under s. 119.23 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

AB961, s. 4 Section 4. 118.30 (1g) (c) of the statutes is amended to read:

AB961,4,21 118.30 (1g) (c) Each school board operating elementary grades and, each operator of a charter school under s. 118.40 (2r) that operates elementary grades, and the governing body of each private school participating in the program under s. 119.23 that operates elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board or, operator of the charter school, or governing body of the private school develops or adopts an examination under this paragraph, it shall notify the department.

AB961, s. 5 Section 5. 118.30 (1s) of the statutes is created to read:

AB961,4,24 118.30 (1s) Annually, the governing body of each private school participating in the program under s. 119.23 shall do all of the following:

AB961,5,3 (a) 1. Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 4th grade in the private school under s. 119.23.

AB961,5,6 2. If the governing body of the private school has developed or adopted its own 4th grade examination, administer that examination to all pupils attending the 4th grade in the private school under s. 119.23.

AB961,5,9 (b) 1. Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 8th grade in the private school under s. 119.23.

AB961,5,12 2. If the governing body of the private school has developed or adopted its own 8th grade examination, administer that examination to all pupils attending the 8th grade in the private school under s. 119.23.

AB961,5,14 (c) Administer the 10th grade examination to all pupils attending the 10th grade in the private school under s. 119.23.

AB961,5,17 (d) Administer to pupils attending the private school under s. 119.23 the examinations that the department requires to be administered to public school pupils under 20 USC 6311 (b) (3) and (7).

AB961, s. 6 Section 6. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

AB961,5,22 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r), or governing body of the private school participating in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).

AB961,6,4 2. According to criteria established by the state superintendent by rule, the school board or, operator of the charter school under s. 118.40 (2r), or governing body of the private school participating in the program under s. 119.23 may determine not to administer an examination under sub. (1s) (a) to (c) to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language, or may modify the format and administration of such an examination for such pupils.

AB961, s. 7 Section 7. 118.30 (2) (b) 5. of the statutes is created to read:

AB961,6,8 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 119.23 shall excuse the pupil from taking an examination administered under sub. (1s) (a) to (c).

AB961, s. 8 Section 8. 118.30 (6) of the statutes is amended to read:

AB961,6,19 118.30 (6) A school board and, an operator of a charter school under s. 118.40 (2r) is, and the governing body of a private school participating in the program under s. 119.23 are not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) if the school board or, the operator of the charter school, or the governing body of the private school administers its own 4th and 8th grade examinations, the school board or , operator of the charter school, or governing body of the private school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1), and the federal department of education approves.

AB961, s. 9 Section 9. 118.40 (2r) (cm) of the statutes is amended to read: