AB150-engrossed,1429,1911
118.20
(1) No discrimination because of sex, except where sex is a bona fide
12occupational qualification as defined in s. 111.36 (2), race, nationality or political or
13religious affiliation may be practiced in the employment of
or contracting with 14teachers or administrative personnel in public schools or in their assignment or
15reassignment. No questions of any nature or form relative to sex, except where sex
16is a bona fide occupational qualification as defined in s. 111.36 (2), race, nationality
17or political or religious affiliation may be asked applicants for teaching or
18administrative positions in the public schools either by public school officials or
19employes or by teachers agencies or placement bureaus.
AB150-engrossed,1429,25
20(2) The
state superintendent or a person designated by the superintendent 21department may receive and investigate complaints charging discrimination in
22employment, assignment or reassignment of
or contracting with teachers or
23administrative personnel in the public schools and the
superintendent or designee 24department may hold hearings, subpoena witnesses and take testimony to effectuate
25the purposes of this section.
AB150-engrossed,1430,132
118.20
(4) After hearing, if the
state superintendent department finds that the
3respondent has engaged in discrimination prohibited by this section the
state
4superintendent department shall make written findings and recommend such action
5by the respondent as shall satisfy the purposes of this section and shall serve a
6certified copy of the findings and recommendations on the respondent together with
7an order requiring the respondent to comply with the recommendations. Any person
8aggrieved by noncompliance with the order shall be entitled to have the order
9enforced specifically by suit in equity. If the
state superintendent department finds
10that the respondent has not engaged in the alleged discrimination, the
state
11superintendent department shall serve a certified copy of the
state superintendent's 12department's findings on the complainant together with an order dismissing the
13complaint.
AB150-engrossed,1430,22
14(5) If any public school official, employe, teachers agency or placement bureau
15violates sub. (1) or fails or refuses to obey any lawful order made by the
16superintendent department pursuant to this section, such person shall forfeit and
17pay into the state treasury not less than $25 nor more than $50, or be imprisoned not
18less than 5 nor more than 30 days. Such violation or failure or refusal to obey an order
19shall be grounds for the removal of any school district administrator, member of a
20school board or other public school official. Findings and orders of the
21superintendent department under this section shall be subject to judicial review
22under ch. 227
AB150-engrossed,1431,2
23(6) Upon request of the
superintendent
department, the attorney general or
24district attorney of the county in which any investigation, hearing or trial under this
25section is pending, shall aid and prosecute under supervision of the
superintendent
1department, all necessary actions or proceedings for the enforcement of this section
2and for the punishment of all violations thereof.
AB150-engrossed,1431,5
3(7) In administering this section the
superintendent department shall have
4authority to make, amend and rescind rules necessary to carry out the purposes of
5this section.
AB150-engrossed,1431,107
118.24
(1) A school board may employ a school district administrator, a
8business manager and school principals and assistants to such persons. The
term
9of each initial employment contract shall
expire on June 30 of an odd-numbered year
10and may not exceed be for a term of at least 2 years.
AB150-engrossed,1431,1912
118.24
(2) (e) The school district administrator shall attend annually one
13convention called by the
state superintendent department for the purpose of
14consultation upon matters pertaining to the supervision and management of the
15schools. The administrator shall be reimbursed for actual and necessary expenses
16incurred for travel, board and lodging because of attendance at such convention.
17Bills for such expenses shall be audited and allowed by the school board upon
18presentation of an itemized statement of expense accompanied by a certificate of
19attendance signed by the
state superintendent secretary.
AB150-engrossed,1432,1021
118.24
(6) The employment contract of any person described under sub. (1)
22shall be in writing and filed with the school district clerk. At least 4 months prior
23to the expiration of the employment contract, the employing school board shall give
24notice in writing of either renewal of the contract or of refusal to renew such person's
25contract. If no such notice is given, the contract then in force shall continue in force
1for
a term that expires on June 30 of an odd-numbered year and that does not exceed
22 years. Any such person who receives notice of renewal or who does not receive
3notice of renewal or refusal to renew the person's contract at least 4 months before
4the contract expiration shall accept or reject the contract in writing on or before a
5date 3 months prior to the contract expiration. No such person may be employed or
6dismissed except by a majority vote of the full membership of the school board.
7Nothing in this section prevents the modification or termination of an employment
8contract by mutual agreement of the parties. No school board may enter into a
9contract of employment with any such person for a period of time as to which such
10person is then under a contract of employment with another school board.
AB150-engrossed,1432,1812
118.24
(8) Personnel administrators and supervisors, curriculum
13administrators and assistants to such administrative personnel, when employed by
14the school board of any
school district to perform administrative duties only, may be
15initially employed for a term
that expires on June 30 of an odd-numbered year and
16that does not exceed of at least 2 years.
The term shall coincide with the state fiscal
17biennium. Subsections (5) to (7) are applicable to such persons when they are
18employed to perform administrative duties only.
AB150-engrossed,1433,1921
118.245
(3) No school district may
grant provide to its professional employes
22for any 12-month period ending on June 30 an average increase for all such employes
23in
the total cost to the school district of compensation
during the period beginning
24on August 12, 1993, and ending on June 30, 1996, and fringe benefits for such
25employes having an average cost per employe exceeding
2.1% 3.8% of the average
1total cost per employe of compensation and fringe benefits provided by the school
2district to its professional employes for
any the preceding 12-month period ending
3on June 30
, including. In this subsection, the cost of compensation includes the cost
4of any increase
in compensation due to a promotion or the attainment of increased
5professional qualifications
, unless the increased cost required to maintain the
6percentage contribution by the school district to the employes' existing fringe benefit
7costs and to maintain all fringe benefits provided to the employes under sub. (2)
8exceeds 1.7% of the average total cost per employe of compensation and fringe
9benefits provided by the school district to its professional employes for any such
1012-month period, in which case the school district shall not grant to its professional
11employes an average increase for all such employes in compensation during that
12period having a total cost per employe exceeding an average of that percentage, if
13any, for each 12-month period ending on June 30, of the prorated portion of 2.1% of
14the average total cost per employe of compensation and fringe benefits provided by
15the school district to its professional employes that remains, if any, after the average
16increased cost of such maintenance exceeding 1.7% of the average total cost per
17employe of compensation and fringe benefits provided by the school district to its
18professional employes for each 12-month period is subtracted from the average
19increased cost of such a compensation increase.
AB150-engrossed,1433,2521
118.245
(4) For purposes of determination of the increased cost of any fringe
22benefits or compensation provided to a professional employe, any cost increase that
23is incurred on any day other than the beginning of a 12-month period under sub.
(2)
24or (3) shall be calculated as if the cost increase were incurred as of the beginning of
25the 12-month period.
AB150-engrossed,1434,52
118.25
(1) In this section
, "school employe" means a person employed by a
3school board
, or under contract to a school board under s. 120.13 (26), who comes in
4contact with children or who handles or prepares food for children while they are
5under the supervision of school authorities.
AB150-engrossed,1434,107
118.255
(3) The school board, cooperative educational service agency or county
8handicapped children's education board maintaining health treatment services shall
9report annually to the department
of public instruction, and at such other times as
10the department directs, such information as the department requires.
AB150-engrossed,1434,2312
118.255
(4) If the
state superintendent department is satisfied that the health
13treatment services program has been maintained during the preceding school year
14in accordance with law
he or she, the department shall certify to the department of
15administration in favor of each school board, cooperative educational service agency
16and county handicapped children's education board maintaining such health
17treatment services, an amount equal to 63% of the amount expended for items listed
18in s. 115.88 (1) by the school board, cooperative educational service agency and
19county handicapped children's education board during the preceding year for these
20health treatment services. The department of administration, upon such
21certification shall distribute the amounts to the appropriate school board,
22cooperative educational service agency and county handicapped children's education
23board.
AB150-engrossed,1435,3
1118.28 Community action agencies. The school board of a school district
2may appropriate funds for promoting and assisting any community action agency
3under s.
46.30 49.37.
AB150-engrossed,1435,75
118.30
(1) The state superintendent shall adopt or approve examinations
6designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and
710th grades.
AB150-engrossed,1435,109
118.30
(1m) Except as otherwise provided in this section, annually each school
10board shall do all of the following:
AB150-engrossed,1435,1311
(a) Beginning in the 1996-97 school year, administer the 4th grade
12examination to all pupils enrolled in the school district, including pupils enrolled in
13charter schools located in the school district, in the 4th grade.
AB150-engrossed,1435,1614
(am) Administer the 8th grade examination to all pupils enrolled in the school
15district, including pupils enrolled in charter schools located in the school district, in
16the 8th grade.
AB150-engrossed,1435,1917
(b) Administer the 10th grade examination to all pupils enrolled in the school
18district, including pupils enrolled in charter schools located in the school district, in
19the 10th grade.
AB150-engrossed,1436,221
118.30
(2) (b) 3.
Annually, the school board shall notify the parent or guardian
22of each pupil enrolled in the 8th and 10th grades in the school district, including
23pupils enrolled in charter schools located in the school district, that he or she may
24request the school board to excuse the pupil from taking an examination
25administered under this section. Upon the request of a pupil's parent or guardian,
1the school board shall excuse the pupil from taking an examination administered
2under this section.
AB150-engrossed,1436,65
118.30
(4) The department shall study the utility of administering
6technology-based performance assessments to pupils.
AB150-engrossed,1436,228
118.37
(3) (b) If the pupil specifies in the notice under par. (a) that he or she
9intends to take a course at an institution of higher education for high school credit,
10the school board shall determine whether the course is comparable to a course offered
11in the school district, and whether the course satisfies any of the high school
12graduation requirements under s. 118.33 and the number of high school credits to
13award the pupil for the course, if any. The
state superintendent department shall
14develop guidelines to assist school districts in making the determinations. The
15school board shall notify the pupil of its determinations, in writing, before the end
16of the semester in which it received the notice under par. (a). If the pupil disagrees
17with the school board's decision regarding comparability of courses, satisfaction of
18high school graduation requirements or the number of high school credits to be
19awarded, the pupil may appeal the school board's decision to the
state
20superintendent department within 30 days after the decision. The
state
21superintendent's department's decision shall be final and is not subject to review
22under subch. III of ch. 227.
AB150-engrossed,1436,25
23(3m) (b) The
state superintendent
department may waive the requirement
24under par. (a) if
he or she the department determines that the requirement would
25impose too great a cost because of the lack of equipment or space.
AB150-engrossed,1437,6
2118.38 Waivers of laws and rules. (1) (a) A school board may request the
3department to waive any school board or school district requirement in chs. 115 to
4121 or in the administrative rules promulgated by the department under the
5authority of those chapters, except for statutes or rules related to any of the
6following:
AB150-engrossed,1437,77
1. The health or safety of pupils.
AB150-engrossed,1437,88
2. Pupil discrimination under s. 118.13.
AB150-engrossed,1437,109
3. The pupil assessment program under s. 118.30 and the standardized reading
10test required under s. 121.02 (1) (r).
AB150-engrossed,1437,1111
4. Pupil records under s. 118.125.
AB150-engrossed,1437,1212
5. The collection of data by the department.
AB150-engrossed,1437,1413
6. The uniform financial fund accounting system under ss. 115.28 (13) and
14115.30 (1) and audits of school district accounts under s. 120.14.
AB150-engrossed,1437,1615
7. Licensure or certification under s. 115.28 (7) or (7m) other than the licensure
16of the school district administrator or business manager.
AB150-engrossed,1437,1817
(b) Before requesting a waiver, the school board shall hold a public hearing in
18the school district on the request.
AB150-engrossed,1437,20
19(1m) The school board shall specify in its request for a waiver its reason for
20requesting the waiver.
AB150-engrossed,1437,22
21(2) In determining whether to grant the waiver, the department shall consider
22all of the following factors and may consider additional factors:
AB150-engrossed,1437,2423
(a) Whether the requirement impedes progress toward achieving a local
24improvement plan developed under sec. 309 (a) (3) of P.L.
103-227.
AB150-engrossed,1438,2
1(b) If the school board has adopted educational goals for the school district,
2whether the requirement impedes progress toward achieving the goals.
AB150-engrossed,1438,6
3(2m) Beginning on January 1, 1996, a school board shall submit a request for
4a waiver to the secretary. If the secretary denies a waiver, the school board may,
5within 30 days after the denial, appeal the denial to the commission. The commission
6shall issue a decision on the appeal within 30 days after receiving the appeal.
AB150-engrossed,1438,12
7(3) A waiver is effective for 4 years. The secretary shall renew the waiver for
8additional 4-year periods if the school board has evaluated the educational and
9financial effects of the waiver over the previous 4-year period, except that the
10secretary is not required to renew a waiver if the secretary determines that the
11school district is not making adequate progress toward improving pupil academic
12performance.
AB150-engrossed,1438,17
13(4) By July 1, 2000, the department shall submit a report to the governor, and
14to the appropriate standing committees of the legislature under s. 13.172 (3). The
15report shall specify the number of waivers requested under this section, a description
16of each waiver request, the reason given for each waiver request and the educational
17and financial effects on the school district of each waiver that was granted.
AB150-engrossed,1438,2119
118.40
(1) Notice to state superintendent. Whenever a school board intends
20to establish a charter school, it shall notify the state superintendent of its intention.
21The notice shall include a description of the proposed school.
AB150-engrossed,1438,2323
118.40
(1m) (b) 16. Quantifiable performance improvement standards.
AB150-engrossed,1439,5
1118.40
(2) (a)
If a school board has received approval under sub. (1), within 2Within 30 days after receiving a petition under sub. (1m) the school board shall hold
3a public hearing on the petition. At the hearing, the school board shall consider the
4level of employe and parental support for the establishment of the charter school
5described in the petition. After the hearing, the school board may grant the petition.
AB150-engrossed,1439,97
118.40
(2) (b) (intro.)
Subject to sub. (1), a A school board may grant a petition
8that would result in the conversion of all of the public schools in the school district
9to charter schools if all of the following apply:
AB150-engrossed,1439,1711
118.40
(2) (c) The school board of the school district operating under ch. 119
12shall either grant or deny the petition within 30 days after the public hearing. If the
13school board of the school district operating under ch. 119 denies a petition, the
14person seeking to establish the charter school may, within 30 days after the denial,
15appeal the denial to the department. The department shall issue a decision within
1630 days after receiving the appeal. The department's decision is final and not subject
17to judicial review under ch. 227.
AB150-engrossed,1439,2219
118.40
(2m) (a)
If a school board has received approval under sub. (1), the A 20school board may on its own initiative contract with an individual or group to operate
21a school as a charter school. The contract shall include all of the provisions specified
22under sub. (1m) (b) and may include other provisions agreed to by the parties.
AB150-engrossed,1440,524
118.40
(3) (b) A contract under par. (a) or under sub. (2m) may be for any term
25not exceeding 5 school years and may be renewed for one or more terms not exceeding
15 school years. The contract shall specify the amount to be paid by the school board
2to the charter school during each school year of the contract.
In any school year, the
3school board may not spend on average more per pupil enrolled in the charter school
4than the school board spends on average per pupil enrolled in the public schools,
5excluding charter schools, as determined by the state superintendent.
AB150-engrossed,1440,137
118.40
(3) (c) A school board may not enter into a contract for the establishment
8of a charter school located outside the school district
or
, except that if 2 or more school
9boards enter into an agreement under s. 66.30 to establish a charter school, the
10charter school shall be located within one of the school districts. A school board, other
11than the school board of the school district operating under ch. 119, may not enter
12into a contract that would result in the conversion of a private school to a charter
13school.
AB150-engrossed,1440,1916
118.40
(7) (a) A charter school is an instrumentality of the school district in
17which it is located
and the school board of that school district shall employ all
18personnel for the charter school. This paragraph does not apply to charter schools
19located in the school district operating under ch. 119.
AB150-engrossed,1440,22
21118.43 Achievement guarantee contracts; state aid. (1) Definitions. In
22this section:
AB150-engrossed,1440,2423
(a) "Class size" means the number of pupils assigned to a regular classroom
24teacher on the 3rd Friday of September.
AB150-engrossed,1441,2
1(b) "Low income" means the measure of low income that is used by the school
2district under
20 USC 2723.
AB150-engrossed,1441,5
3(2) Eligibility; application. (a) The school board of any school district in which
4a school in the previous school year had an enrollment that was at least 50%
5low-income is eligible to participate in the program under this section.
AB150-engrossed,1441,86
(b) In the 1996-97 school year, the school board of an eligible school district may
7enter into a 5-year achievement guarantee contract with the department on behalf
8of one school in the school district if all of the following apply:
AB150-engrossed,1441,109
1. In the previous school year, the school had an enrollment that was at least
1030% low-income.
AB150-engrossed,1441,1211
2. The school board is not receiving a grant under the preschool to grade 5
12program on behalf of the school under s. 115.45.
AB150-engrossed,1441,1513
(c) Notwithstanding par. (b), the school board of the school district operating
14under ch. 119 may enter into an achievement guarantee contract on behalf of up to
1510 schools.