1995 Wisconsin Act 27

27,3955 Section 3955 . 118.20 (4) to (7) of the statutes are amended to read:

118.20 (4) After hearing, if the state superintendent department finds that the respondent has engaged in discrimination prohibited by this section the state superintendent department shall make written findings and recommend such action by the respondent as shall satisfy the purposes of this section and shall serve a certified copy of the findings and recommendations on the respondent together with an order requiring the respondent to comply with the recommendations. Any person aggrieved by noncompliance with the order shall be entitled to have the order enforced specifically by suit in equity. If the state superintendent department finds that the respondent has not engaged in the alleged discrimination, the state superintendent department shall serve a certified copy of the state superintendent's department's findings on the complainant together with an order dismissing the complaint.

(5) If any public school official, employe, teachers agency or placement bureau violates sub. (1) or fails or refuses to obey any lawful order made by the superintendent department pursuant to this section, such person shall forfeit and pay into the state treasury not less than $25 nor more than $50, or be imprisoned not less than 5 nor more than 30 days. Such violation or failure or refusal to obey an order shall be grounds for the removal of any school district administrator, member of a school board or other public school official. Findings and orders of the superintendent department under this section shall be subject to judicial review under ch. 227

(6) Upon request of the superintendent department, the attorney general or district attorney of the county in which any investigation, hearing or trial under this section is pending, shall aid and prosecute under supervision of the superintendent department, all necessary actions or proceedings for the enforcement of this section and for the punishment of all violations thereof.

(7) In administering this section the superintendent department shall have authority to make, amend and rescind rules necessary to carry out the purposes of this section.

“ Section 3957. 118.24 (1) of the statutes is amended to read:

118.24 (1) A school board may employ a school district administrator, a business manager and school principals and assistants to such persons. The term of each employment contract shall expire on June 30 of an odd-numbered year and may not exceed 2 years. A contract for a term of 2 years may provide for one or more extensions of one year each.

27,3958 Section 3958 . 118.24 (2) (e) of the statutes is amended to read:

118.24 (2) (e) The school district administrator shall attend annually one convention called by the state superintendent department for the purpose of consultation upon matters pertaining to the supervision and management of the schools. The administrator shall be reimbursed for actual and necessary expenses incurred for travel, board and lodging because of attendance at such convention. Bills for such expenses shall be audited and allowed by the school board upon presentation of an itemized statement of expense accompanied by a certificate of attendance signed by the state superintendent secretary.

27,3959 Section 3959 . 118.24 (6) of the statutes is amended to read:

118.24 (6) The employment contract of any person described under sub. (1) shall be in writing and filed with the school district clerk. At least 4 months prior to the expiration of the employment contract, the employing school board shall give notice in writing of either renewal of the contract or of refusal to renew such person's contract. If no such notice is given, the contract then in force shall continue in force for a term that expires on June 30 of an odd-numbered year and that does not exceed 2 years. Any such person who receives notice of renewal or who does not receive notice of renewal or refusal to renew the person's contract at least 4 months before the contract expiration shall accept or reject the contract in writing on or before a date 3 months prior to the contract expiration. No such person may be employed or dismissed except by a majority vote of the full membership of the school board. Nothing in this section prevents the modification or termination of an employment contract by mutual agreement of the parties. No school board may enter into a contract of employment with any such person for a period of time as to which such person is then under a contract of employment with another school board.

27,3960 Section 3960. 118.24 (8) of the statutes is amended to read:

118.24 (8) Personnel administrators and supervisors, curriculum administrators and assistants to such administrative personnel, when employed by the school board of any school district to perform administrative duties only, may be employed for a term that expires on June 30 of an odd-numbered year and that does not exceed 2 years. The term shall coincide with the state fiscal biennium A contract for a term of 2 years may provide for one or more extensions of one year each. Subsections (5) to (7) are applicable to such persons when they are employed to perform administrative duties only.

27,3961ai Section 3961ai. 118.245 (1) of the statutes is amended to read:

118.245 (1) In this section, “professional:

(a) “Nonrepresented professional employe" means a school district an employe who holds a license issued by the state superintendent under s. 115.28 (7), whose employment requires that license, is a professional employe as defined in s. 111.70 (1) (L), who is employed to perform services for a school district and who whose position is not included in a collective bargaining unit for which a representative is recognized or certified under subch. IV of ch. 111.

27,3962 Section 3962. 118.245 (1) (b) of the statutes is created to read:

118.245 (1) (b) “Represented professional employe" has the meaning given for “school district professional employe" in s. 111.70 (1) (ne).

27,3963b Section 3963b. 118.245 (2) of the statutes is repealed.

27,3964g Section 3964g. 118.245 (3) of the statutes is amended to read:

118.245 (3) No school district may grant provide to its nonrepresented professional employes for any 12-month period ending on June 30 an average increase for all such employes in the total cost to the school district of compensation during the period beginning on August 12, 1993, and ending on June 30, 1996, and fringe benefits for such employes having an average cost per employe exceeding 2.1% 3.8% of the average total cost per employe of compensation and fringe benefits provided by the school district to its nonrepresented professional employes for any the preceding 12-month period ending on June 30, including or the average total percentage increased cost per employe of compensation and fringe benefits provided to its represented professional employes during the 12-month period ending on June 30 preceding the date that the increase becomes effective, whichever is greater. In this subsection, the cost of compensation includes the cost of any increase in compensation due to a promotion or the attainment of increased professional qualifications, unless the increased cost required to maintain the percentage contribution by the school district to the employes' existing fringe benefit costs and to maintain all fringe benefits provided to the employes under sub. (2) exceeds 1.7% of the average total cost per employe of compensation and fringe benefits provided by the school district to its professional employes for any such 12-month period, in which case the school district shall not grant to its professional employes an average increase for all such employes in compensation during that period having a total cost per employe exceeding an average of that percentage, if any, for each 12-month period ending on June 30, of the prorated portion of 2.1% of the average total cost per employe of compensation and fringe benefits provided by the school district to its professional employes that remains, if any, after the average increased cost of such maintenance exceeding 1.7% of the average total cost per employe of compensation and fringe benefits provided by the school district to its professional employes for each 12-month period is subtracted from the average increased cost of such a compensation increase. For purposes of this subsection, the average total percentage increased cost per employe of the compensation provided by a school district to its represented professional employes shall be determined in accordance with the method prescribed by the employment relations commission under s. 111.70 (4) (cm) 8s.

27,3966 Section 3966 . 118.245 (4) of the statutes is amended to read:

118.245 (4) For purposes of determination of the increased cost of any fringe benefits or compensation provided to a nonrepresented professional employe or represented professional employe, any cost increase that is incurred on any day other than the beginning of a 12-month period under sub. (2) or (3) shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period.

27,3968 Section 3968 . 118.255 (3) of the statutes is amended to read:

118.255 (3) The school board, cooperative educational service agency or county handicapped children's education board maintaining health treatment services shall report annually to the department of public instruction, and at such other times as the department directs, such information as the department requires.

27,3969 Section 3969 . 118.255 (4) of the statutes is amended to read:

118.255 (4) If the state superintendent department is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law he or she, the department shall certify to the department of administration in favor of each school board, cooperative educational service agency and county handicapped children's education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in s. 115.88 (1) by the school board, cooperative educational service agency and county handicapped children's education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county handicapped children's education board.

27,3970m Section 3970m. 118.28 of the statutes is amended to read:

118.28 Community action agencies. The school board of a school district may appropriate funds for promoting and assisting any community action agency under s. 46.30 49.37.

27,3971b Section 3971b. 118.30 (1) of the statutes is repealed and recreated to read:

118.30 (1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and 10th grades.

27,3971c Section 3971c. 118.30 (1m) of the statutes is created to read:

118.30 (1m) Except as otherwise provided in this section, annually each school board shall do all of the following:

(a) Beginning in the 1996-97 school year, administer the 4th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.

(am) Administer the 8th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.

(b) Administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade.

27,3971p Section 3971p. 118.30 (2) (b) 3. of the statutes is amended to read:

118.30 (2) (b) 3. Annually, the school board shall notify the parent or guardian of each pupil enrolled in the 8th and 10th grades in the school district, including pupils enrolled in charter schools located in the school district, that he or she may request the school board to excuse the pupil from taking an examination administered under this section. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under this section.

27,3971q Section 3971q. 118.30 (2) (b) 4. of the statutes is repealed.

27,3971yd Section 3971yd. 118.30 (4) of the statutes is created to read:

118.30 (4) The department shall study the utility of administering technology-based performance assessments to pupils.

27,3979m Section 3979m. 118.37 (3) (b) and (3m) (b) of the statutes are amended to read:

118.37 (3) (b) If the pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 and the number of high school credits to award the pupil for the course, if any. The state superintendent department shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the end of the semester in which it received the notice under par. (a). If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the state superintendent department within 30 days after the decision. The state superintendent's department's decision shall be final and is not subject to review under subch. III of ch. 227.

(3m) (b) The state superintendent department may waive the requirement under par. (a) if he or she the department determines that the requirement would impose too great a cost because of the lack of equipment or space.

27,3981 Section 3981 . 118.38 of the statutes is created to read:

118.38 Waivers of laws and rules. (1) (a) A school board may request the department to waive any school board or school district requirement in chs. 115 to 121 or in the administrative rules promulgated by the department under the authority of those chapters, except for statutes or rules related to any of the following:

1. The health or safety of pupils.

2. Pupil discrimination under s. 118.13.

3. The pupil assessment program under s. 118.30 and the standardized reading test required under s. 121.02 (1) (r).

4. Pupil records under s. 118.125.

5. The collection of data by the department.

6. The uniform financial fund accounting system under ss. 115.28 (13) and 115.30 (1) and audits of school district accounts under s. 120.14.

7. Licensure or certification under s. 115.28 (7) or (7m) other than the licensure of the school district administrator or business manager.

(b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.

(1m) The school board shall specify in its request for a waiver its reason for requesting the waiver.

(2) In determining whether to grant the waiver, the department shall consider all of the following factors and may consider additional factors:

(a) Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of P.L. 103-227.

(b) If the school board has adopted educational goals for the school district, whether the requirement impedes progress toward achieving the goals.

(2m) Beginning on January 1, 1996, a school board shall submit a request for a waiver to the secretary. If the secretary denies a waiver, the school board may, within 30 days after the denial, appeal the denial to the commission. The commission shall issue a decision on the appeal within 30 days after receiving the appeal.

(3) A waiver is effective for 4 years. The secretary shall renew the waiver for additional 4-year periods if the school board has evaluated the educational and financial effects of the waiver over the previous 4-year period, except that the secretary is not required to renew a waiver if the secretary determines that the school district is not making adequate progress toward improving pupil academic performance.

(4) By July 1, 2000, the department shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3). The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request and the educational and financial effects on the school district of each waiver that was granted.

27,3983m Section 3983m. 118.40 (1) of the statutes is repealed and recreated to read:

118.40 (1) Notice to state superintendent. Whenever a school board intends to establish a charter school, it shall notify the state superintendent of its intention. The notice shall include a description of the proposed school.

27,3984m Section 3984m. 118.40 (1m) (b) 16. of the statutes is created to read:

118.40 (1m) (b) 16. Quantifiable performance improvement standards.

27,3985 Section 3985 . 118.40 (2) (a) of the statutes is amended to read:

118.40 (2) (a) If a school board has received approval under sub. (1), within 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 employe and parental support for the establishment of the charter school described in the petition. After the hearing, the school board may grant the petition.

27,3986 Section 3986 . 118.40 (2) (b) (intro.) of the statutes is amended to read:

118.40 (2) (b) (intro.) Subject to sub. (1), a 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:

27,3986m Section 3986m. 118.40 (2) (c) of the statutes is created to read:

118.40 (2) (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.

27,3987 Section 3987 . 118.40 (2m) (a) of the statutes is amended to read:

118.40 (2m) (a) If a school board has received approval under sub. (1), the A school board may on its own initiative contract with an individual or group 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.

27,3988 Section 3988 . 118.40 (3) (b) of the statutes is amended to read:

118.40 (3) (b) A contract under par. (a) or under sub. (2m) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid by the school board to the charter school during each school year of the contract. In any school year, the school board may not spend on average more per pupil enrolled in the charter school than the school board spends on average per pupil enrolled in the public schools, excluding charter schools, as determined by the state superintendent.

27,3989 Section 3989 . 118.40 (3) (c) of the statutes is amended to read:

118.40 (3) (c) A school board may not enter into a contract for the establishment of a charter school located outside the school district or, except that if 2 or more school boards enter into an agreement under s. 66.30 to establish a charter school, the charter school shall be located within one of the school districts. A school board, other than the school board of the school district operating under ch. 119, may not enter into a contract that would result in the conversion of a private school to a charter school.

27,3990 Section 3990 . 118.40 (3m) of the statutes is repealed.

27,3992m Section 3992m. 118.40 (7) (a) of the statutes is amended to read:

118.40 (7) (a) A charter school is an instrumentality of the school district in which it is located and the school board of that school district shall employ all personnel for the charter school. This paragraph does not apply to charter schools located in the school district operating under ch. 119.

27,3994m Section 3994m. 118.43 of the statutes is created to read:

118.43 Achievement guarantee contracts; state aid. (1) Definitions. In this section:

(a) “Class size" means the number of pupils assigned to a regular classroom teacher on the 3rd Friday of September.

(b) “Low income" means the measure of low income that is used by the school district under 20 USC 2723.

(2) Eligibility; application. (a) The school board of any school district in which a school in the previous school year had an enrollment that was at least 50% low-income is eligible to participate in the program under this section.

(b) In the 1996-97 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one school in the school district if all of the following apply:

1. In the previous school year, the school had an enrollment that was at least 30% low-income.

2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of the school under s. 115.45.

(c) Notwithstanding par. (b), the school board of the school district operating under ch. 119 may enter into an achievement guarantee contract on behalf of up to 10 schools.