118.40(1)(1) Notice to state superintendent. Whenever a school board intends to establish a charter school, it shall notify the state superintendent of its intention. Whenever one of the entities under sub. (2r) (b) or the director under sub. (2x) 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.
118.40(1m) (1m)Petition.
118.40(1m)(a)(a) A written petition requesting the school board to establish a charter school under this section may be filed with the school district clerk. The petition shall be signed by at least 10 percent of the teachers employed by the school district or by at least 50 percent of the teachers employed at one school of the school district.
118.40(1m)(b) (b) The petition shall include all of the following:
118.40(1m)(b)1. 1. The name of the person who is seeking to establish the charter school.
118.40(1m)(b)2. 2. The name of the person who will be in charge of the charter school and the manner in which administrative services will be provided.
118.40(1m)(b)3. 3. A description of the educational program of the school.
118.40(1m)(b)4. 4. The methods the school will use to enable pupils to attain the educational goals under s. 118.01.
118.40(1m)(b)5. 5. The method by which pupil progress in attaining the educational goals under s. 118.01 will be measured.
118.40(1m)(b)6. 6. The governance structure of the school, including the method to be followed by the school to ensure parental involvement.
118.40(1m)(b)7. 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.
118.40(1m)(b)8. 8. The procedures that the school will follow to ensure the health and safety of the pupils.
118.40(1m)(b)9. 9. The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the school district population.
118.40(1m)(b)10. 10. The requirements for admission to the school.
118.40(1m)(b)11. 11. The manner in which annual audits of the financial and programmatic operations of the school will be performed.
118.40(1m)(b)12. 12. The procedures for disciplining pupils.
118.40(1m)(b)13. 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.
118.40(1m)(b)14. 14. A description of the school facilities and the types and limits of the liability insurance that the school will carry.
118.40(1m)(b)15. 15. The effect of the establishment of the charter school on the liability of the school district.
118.40(2) (2)Public hearing; granting of petition.
118.40(2)(a)(a) Within 30 days after receiving a petition under sub. (1m) the 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 charter school described in the petition and the fiscal impact of the establishment of the charter school on the school district. After the hearing, the school board may grant the petition.
118.40(2)(b) (b) A school board may grant a petition that would result in the conversion of all of the public schools in the school district to charter schools if all of the following apply:
118.40(2)(b)1. 1. At least 50 percent of the teachers employed by the school district sign the petition.
118.40(2)(b)2. 2. The school board provides alternative public school attendance arrangements for pupils who do not wish to attend or are not admitted to a charter school.
118.40(2)(c) (c) 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 charter 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.
118.40(2m) (2m)School board initiative.
118.40(2m)(a)(a) A school board may on its own initiative contract with a person to operate a school as a charter school. The contract shall include all of the provisions specified under sub. (1m) (b) and may include other provisions agreed to by the parties.
118.40(2m)(am) (am) At least 30 days before entering in a contract under this subsection that would convert a private school to a charter school or that would establish a charter school that is not an instrumentality of the school district, 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 charter school and the fiscal impact of the establishment of the charter school on the school district.
118.40(2m)(b) (b) A school board may not enter into a contract under par. (a) that would result in the conversion of all of the public schools in the school district to charter schools unless the school board complies with sub. (2) (b) 2.
118.40(2r) (2r)Other initiatives.
118.40(2r)(a)(a) In this subsection:
118.40(2r)(a)1. 1. “Instructional staff" has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.
118.40(2r)(a)2. 2. “Resident school board" means the school board of the school district in which a pupil resides.
118.40(2r)(b)1.1. All of the following entities may contract with a person to operate a charter school:
118.40(2r)(b)1.a. a. The common council of the city of Milwaukee.
118.40(2r)(b)1.b. b. The chancellor of the University of Wisconsin-Milwaukee.
118.40(2r)(b)1.c. c. The chancellor of the University of Wisconsin-Parkside.
118.40(2r)(b)1.d. d. The Milwaukee area technical college district board.
118.40(2r)(b)1.e. e. Each technical college district board other than the Milwaukee area technical college district board.
118.40(2r)(b)1.eg. eg. The chancellor of any institution in the University of Wisconsin System other than the University of Wisconsin-Milwaukee and the University of Wisconsin-Parkside.
118.40(2r)(b)1.f. f. The county executive of Waukesha County.
118.40(2r)(b)1.g. g. The college of Menominee Nation.
118.40(2r)(b)1.h. h. The Lac Courte Orielles Ojibwa community college.
118.40(2r)(b)2. 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 shall also include all of the following provisions and may include other provisions agreed to by the parties:
118.40(2r)(b)2.a. a. A requirement that the charter school governing board adhere to specified annual academic and operational performance standards developed in accordance with the performance framework of the entity with which it is contracting.
118.40(2r)(b)2.b. b. Provisions detailing the corrective measures the charter school governing board will take if the charter school fails to meet performance standards.
118.40(2r)(b)2.c. c. A provision allowing the governing board to open one or more additional charter schools if all of the charter schools operated by the governing board were assigned to one of the top 2 performance categories in the most recent school and school district accountability report published under s. 115.385. If the charter school governing board opens one or more additional charter schools, the existing contract applies to the new school or schools unless the parties agree to amend the existing contract or enter into a new contract.
118.40(2r)(b)2.d. d. The methodology that will be used by the charter school governing board to monitor and verify pupil enrollment, credit accrual, and course completion.
118.40(2r)(b)2.e. e. A requirement that the entity under subd. 1. have direct access to pupil data.
118.40(2r)(b)2.f. f. A description of the administrative relationship between the parties to the contract.
118.40(2r)(b)2.g. g. A requirement that the charter school governing board hold parent-teacher conferences at least annually.
118.40(2r)(b)2.h. h. A requirement that if more than one charter school is operated under the contract, the charter school governing board reports to the entity under subd. 1. on each charter school separately.
118.40(2r)(b)2.i. i. A requirement that the charter school governing board provide the data needed by the entity under subd. 1. for purposes of making the report required under sub. (3m) (a) 6. [sub. (3m) (f)].
118.40 Note NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
118.40(2r)(b)2.j. j. A requirement that the charter school governing board participate in any training provided by the entity under subd. 1.
118.40(2r)(b)2.k. k. A description of all fees that the entity under subd. 1. will charge the charter school governing board.
118.40(2r)(b)2m.a.a. A charter or contract may include grounds for expelling a pupil from the charter school.
118.40(2r)(b)2m.b. 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.
118.40(2r)(b)3. 3. If an entity specified in subd. 1. a. to d. was operating a charter school itself immediately prior to July 14, 2015, it may continue to do so.
118.40(2r)(b)4. 4. No chartering or contracting entity under subd. 1. may establish or enter into a contract for the establishment of a virtual charter school.
118.40(2r)(bm) (bm) The county executive of Waukesha County may contract for the establishment of a charter school located only in Waukesha County.
118.40(2r)(cq) (cq) The sum of the number of charter schools operating under a contract with the college of Menominee Nation and the number of charter schools operating under a contract with the Lac Courte Orielles Ojibwa community college may not exceed 6.
118.40(2r)(d) (d) The chartering or contracting entity under par. (b) shall do all of the following:
118.40(2r)(d)1. 1. Ensure that all instructional staff of charter schools under this subsection hold a license or permit to teach issued by the department.
118.40(2r)(d)2. 2. Administer the examinations under s. 118.30 (1r) or 118.301 (3) and s. 121.02 (1) (r) to pupils enrolled in charter schools under this subsection.
118.40(2r)(dm) (dm) The operator of a charter school authorized under this subsection may provide transportation to pupils attending the charter school and may claim transportation aid under s. 121.58 for pupils so transported.
118.40(2r)(e)2m.2m. In the 2013-14 school year, from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to $7,925 multiplied by the number of pupils attending the charter school.
118.40(2r)(e)2n. 2n. In the 2014-15 school year, from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to $8,075 multiplied by the number of pupils attending the charter school.
118.40(2r)(e)2p. 2p. In the 2015-16 school year and in each school year thereafter, for a pupil attending a charter school established by or under a contract with an entity under par. (b) 1. a. to f., from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, if positive. The change in the statewide categorical aid per pupil shall be determined as follows:
118.40(2r)(e)2p.a. a. Add the amounts appropriated in the current fiscal year under s. 20.255 (2), except s. 20.255 (2) (ac), (aw), (az), (bb), (dg), (dj), (fm), (fp), (fq), (fr), (fu), (k), and (m); and s. 20.505 (4) (es); and the amount, as determined by the secretary of administration, of the appropriation under s. 20.505 (4) (s) allocated for payments to telecommunications providers under contracts with school districts and cooperative educational service agencies under s. 16.971 (13), for grants to school district consortia under s. 16.997 (7), and to make educational technology teacher training grants under s. 16.996.
118.40(2r)(e)2p.b. b. Add the amounts appropriated in the previous fiscal year under the sections specified in subd. 2p. a.
118.40(2r)(e)2p.c. c. Subtract the sum under subd. 2p. b. from the sum under subd. 2p. a.
118.40(2r)(e)2p.d. d. Divide the remainder under subd. 2p. c. by the average of the number of pupils enrolled statewide in the 3 previous school years. In this subd. 2p. d., “number of pupils enrolled" has the meaning given in s. 121.90 (1) (intro.) and includes 40 percent of the summer enrollment.
118.40(2r)(e)3m. 3m. The department shall pay 25 percent of the total amount in September, 25 percent in December, 25 percent in February, and 25 percent in June. The department shall send the check to the operator of the charter school. The department shall include the entire amount under par. (fm) 1. in the December installment, but the payment shall be made in a separate check from the payment under this paragraph.
118.40(2r)(f)1.1. In the 2016-17 school year and in each school year thereafter, for a pupil attending a charter school established under a contract with an entity under par. (b) 1. g. or h., from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the per pupil academic base funding the bureau of Indian education in the federal department of the interior provided to tribal schools under 25 CFR 39.1 to 39.1203 in the previous school year.
118.40(2r)(f)2. 2. The department shall pay 25 percent of the total amount due to an operator of a charter school in September, 25 percent in December, 25 percent in February, and 25 percent in June. The department shall send the check to the operator of the charter school. The department shall include the entire amount under par. (fm) 2. in the December installment, but the payment shall be made in a separate check from the payment under this paragraph.
118.40(2r)(fh) (fh) Annually, on or before September 15, an operator of a charter school authorized under this subsection shall file with the department a report stating its summer daily attendance for each day of summer school for the purpose of par. (fm).
118.40(2r)(fm)1.1. Beginning in the 2018-19 school year, in addition to the payment under par. (e) and subject to subd. 3., for a pupil attending summer school at a charter school established by or under a contract with an entity under par. (b) 1. a. to f., the department shall pay to the operator of the charter school, in the manner described in par. (e) 3m., an amount determined as follows:
118.40(2r)(fm)1.a. a. Determine the per pupil amount under par. (e) for attending the charter school in the immediately preceding school term.
118.40(2r)(fm)1.b. b. If the pupil attended summer school for at least 15 days of summer instruction at the charter school during that summer, multiply the amount under subd. 1. a. by 0.05.
118.40(2r)(fm)1.c. c. If the pupil attended summer school for less than 15 days of summer instruction at the charter school during that summer, multiply the amount under subd. 1. a. by 0.05 by the quotient determined by dividing the number of days of summer instruction the pupil attended during that summer by 15.
118.40(2r)(fm)2. 2. Beginning in the 2018-19 school year, in addition to the payment under par. (f) and subject to subd. 3., for a pupil attending summer school at a charter school established by or under a contract with an entity under par. (b) 1. g. or h., the state superintendent shall pay to the operator of the charter school, in the manner described in sub. (f) 2., an amount determined as follows:
118.40(2r)(fm)2.a. a. Determine the per pupil amount under par. (f) for attending the charter school in the immediately preceding school term.
118.40(2r)(fm)2.b. b. If the pupil attended summer school for at least 15 days of summer instruction at the charter school during that summer, multiply the amount under subd. 2. a. by 0.05.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 64 and all Supreme Court and Controlled Substances Board Orders effective on or before November 20, 2017. Published and certified under s. 35.18. Changes effective after November 20, 2017 are designated by NOTES. (Published 11-20-17)