Amendment ASA1-AB100

AB100-ASA1, s. 2137 Section 2137. 118.37 (5) (b) of the statutes is repealed.

AB100-ASA1, s. 2823m Section 2823m. 118.37 (5) (c) of the statutes is renumbered 118.55 (5) (c), and 118.55 (5) (c) 2., as renumbered, is amended to read:

AB100-ASA1,1288,11 118.55 (5) (c) 2. An amount determined by dividing the state total net cost of the general fund in the previous school year by the state total membership in the previous school year, dividing that quotient by the statewide average number of high school credits taken by full-time pupils in the previous school year, as determined by the department state superintendent, and multiplying that quotient by the number of high school credits taken by the pupil at the private institution of higher education, as determined under sub. (3) (b). In this subdivision, "net cost" has the meaning given in s. 121.004 (6), and "membership" has the meaning given in s. 121.004 (5).

AB100-ASA1, s. 2824m Section 2824m. 118.37 (6) of the statutes is renumbered 118.55 (6), and 118.55 (6) (title), (a) and (b), as renumbered, are amended to read:

AB100-ASA1,1288,19 118.55 (6) (title) Responsibility of pupil for tuition and fees; institution of higher education. (a) A pupil taking a course at an institution of higher education for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board, or the department state superintendent on appeal under sub. (3) (b), has determined that the course is not comparable to a course offered in the school district.

AB100-ASA1,1288,24 (b) A pupil taking a course at an institution of higher education for high school credit under this section is responsible for the tuition and fees for the course if the school board has determined that the course is comparable to a course offered in the school district, unless the department state superintendent reverses the school board's decision on appeal under sub. (3) (b).

AB100-ASA1, s. 2138 Section 2138. 118.37 (7g) of the statutes is renumbered 118.55 (7g) and amended to read:

AB100-ASA1,1289,14 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit that is not comparable to a course offered in the school district may apply to the department state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The department state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The department state superintendent shall give preference under this subsection to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB100-ASA1, s. 2139 Section 2139. 118.37 (8) of the statutes is renumbered 118.55 (8).

AB100-ASA1, s. 2827m Section 2827m. 118.37 (9) of the statutes is renumbered 118.55 (9) and amended to read:

AB100-ASA1,1289,20 118.55 (9) Rules. The department state superintendent shall promulgate rules to implement and administer this section, including rules establishing criteria for determining reimbursement amounts under sub. (7g).

AB100-ASA1, s. 2140 Section 2140. 118.38 (2m) of the statutes is repealed.

AB100-ASA1, s. 2141 Section 2141. 118.38 (3) of the statutes is amended to read:

AB100-ASA1,1290,3 118.38 (3) A waiver is effective for 4 years. The secretary department 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 department is not required to renew a waiver if the secretary department determines that the school district is not making adequate progress toward improving pupil academic performance.

AB100-ASA1, s. 2142 Section 2142. 118.40 (1) of the statutes is amended to read:

AB100-ASA1,1290,10 118.40 (1) Notice to department. Whenever a school board intends to establish a charter school, it shall notify the department state superintendent of its intention. The Whenever one of the entities under sub. (2r) (b) 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.

AB100-ASA1, s. 2143 Section 2143. 118.40 (1m) (a) of the statutes is amended to read:

AB100-ASA1,1290,16 118.40 (1m) (a) A written petition requesting the a school board to establish a charter school under this section may be filed with the school district clerk. The If the proposed charter school would replace a public school in whole or in part, the petition shall be signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school of the school district.

AB100-ASA1, s. 2144 Section 2144. 118.40 (1m) (b) 7. of the statutes is amended to read:

AB100-ASA1,1290,20 118.40 (1m) (b) 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.

AB100-ASA1, s. 2145 Section 2145. 118.40 (2) (a) of the statutes is amended to read:

AB100-ASA1,1291,2 118.40 (2) (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 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.

AB100-ASA1, s. 2146 Section 2146. 118.40 (2) (c) of the statutes is amended to read:

AB100-ASA1,1291,10 118.40 (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. Section 115.28 (5) applies to this paragraph.

AB100-ASA1, s. 2147 Section 2147. 118.40 (2r) of the statutes is created to read:

AB100-ASA1,1291,12 118.40 (2r) Other initiatives. (a) In this subsection:

AB100-ASA1,1291,13 1. "Membership" has the meaning given in s. 121.004 (5).

AB100-ASA1,1291,15 2. "Shared cost per member" means the shared cost under s. 121.07 (6) (a) divided by the school district's membership.

AB100-ASA1,1292,2 (b) The common council of the city of Milwaukee, the chancellor of the University of Wisconsin-Milwaukee and the Milwaukee area technical college district board may establish by charter and operate a charter school or, on behalf of their respective entities, may initiate a contract with an individual or group to operate a school as a charter school. 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 may include other provisions agreed to by the parties. The chancellor of the University of Wisconsin-Milwaukee may not establish or enter into a contract for the establishment of a charter school under this paragraph without the approval of the board of regents of the University of Wisconsin System.

AB100-ASA1,1292,7 (c) An entity under par. (b) may not establish or enter into a contract for the establishment of a charter school located outside of the school district operating under ch. 119. A pupil residing within the school district operating under ch. 119 may attend a charter school established under this subsection only if one of the following applies:

AB100-ASA1,1292,9 1. In the previous school year, the pupil was enrolled in the school district operating under ch. 119.

AB100-ASA1,1292,11 2. In the previous school year, the pupil was attending a private school under s. 119.23.

AB100-ASA1,1292,13 3. In the previous school year, the pupil was enrolled in grades kindergarten to 3 in a private school located in the city of Milwaukee other than under s. 119.23.

AB100-ASA1,1292,14 4. In the previous school year, the pupil was not enrolled in school.

AB100-ASA1,1292,16 5. In the previous school year, the pupil was enrolled in a charter school under this subsection.

AB100-ASA1,1292,18 (d) The chartering or contracting entity under par. (b) shall do all of the following:

AB100-ASA1,1292,20 1. Ensure that all instructional staff of charter schools under this subsection hold a license or permit to teach issued by the department.

AB100-ASA1,1292,22 2. Administer the examinations under ss. 118.30 (1m) and 121.02 (1) (r) to pupils enrolled in charter schools under this subsection.

AB100-ASA1,1293,3 (e) 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 shared cost per member in the previous school year of the school district operating under ch. 119 multiplied by the number of pupils attending the charter school. The department shall pay 25% of the total amount in September, 25% in December, 25% in February and 25% in June. The department shall send the check to the operator of the charter school.

AB100-ASA1,1293,8 (f) The department shall annually reduce the aid paid under s. 121.08 to the board of a school district operating under ch. 119 by an amount equal to the shared cost per member in the previous school year of the school district operating under ch. 119 multiplied by the number of pupils attending charter schools under this subsection.

AB100-ASA1,1293,12 (g) The department shall ensure that aid paid to other school districts under s. 121.08 is neither reduced nor increased as a result of the payments under par. (e) or the reduction in aid to the board under par. (f) and that the amount of the aid reduction under par. (f) lapses to the general fund.

AB100-ASA1, s. 2148 Section 2148. 118.40 (3) (a) of the statutes is amended to read:

AB100-ASA1,1293,18 118.40 (3) (a) If the school board grants the petition under sub. (2) (a), the school board shall contract with the person named in the petition under sub. (1m) (b) 1. to operate the school as a charter school under this section. The contract shall include all of the provisions specified in the petition and may include other provisions agreed to by the parties.

AB100-ASA1, s. 2149 Section 2149 . 118.40 (3) (b) of the statutes is amended to read:

AB100-ASA1,1293,23 118.40 (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 any term. The contract shall specify the amount to be paid by the school board to the charter school during each school year of the contract.

AB100-ASA1, s. 2150 Section 2150 . 118.40 (3) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,1294,4 118.40 (3) (b) A contract under par. (a) or under sub. subs. (2m) and (2r) may be for any term and may be renewed for any term. The contract shall specify the amount to be paid by the school board to the charter school during each school year of the contract.

AB100-ASA1, s. 2151 Section 2151. 118.40 (3) (d) of the statutes is amended to read:

AB100-ASA1,1294,8 118.40 (3) (d) A school board or an entity under s. 118.40 (2r) (b) shall give preference in awarding contracts for the operation of charter schools to those charter schools that serve children at risk, as defined in s. 118.153 (1) (a).

AB100-ASA1, s. 2152 Section 2152. 118.40 (5) (intro.) and (a) of the statutes are amended to read:

AB100-ASA1,1294,13 118.40 (5) Charter revocation. (intro.) A charter may be revoked by the school board or the entity under sub. (2r) (b) that contracted with the charter school if the school board or, if applicable, the entity under sub. (2r) (b) finds that any of the following occurred:

AB100-ASA1,1294,15 (a) The charter school violated its contract with the school board or the entity under sub. (2r) (b).

AB100-ASA1, s. 2153 Section 2153. 118.40 (7) (a) of the statutes is amended to read:

AB100-ASA1,1294,21 118.40 (7) (a) A Except as provided in par. (am), 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.

AB100-ASA1, s. 2154 Section 2154. 118.40 (7) (am) of the statutes is created to read:

AB100-ASA1,1295,5 118.40 (7) (am) 1. Except as provided in subd. 2., if a charter school is established under sub. (2m) and located in the school district operating under ch. 119, the school board of that school district shall determine whether or not the charter school is an instrumentality of the school district. If the school board determines that a charter school is an instrumentality of the school district, the school board shall employ all personnel for the charter school. If the school board determines that a charter school is not an instrumentality of the school district, the school board may not employ any personnel for the charter school.

AB100-ASA1,1295,9 2. A charter school established under sub. (2r) or a private school located in the school district operating under ch. 119 that is converted to a charter school is not an instrumentality of the school district operating under ch. 119 and the school board of that school district may not employ any personnel for the charter school.

AB100-ASA1, s. 2842b Section 2842b. 118.40 (7) (ar) of the statutes is created to read:

AB100-ASA1,1295,13 118.40 (7) (ar) Nothing in this subsection affects the rights of personnel of a charter school that is an instrumentality of the school district in which it is located to engage in collective bargaining pursuant to subch. IV of ch. 111.

AB100-ASA1, s. 2842g Section 2842g. 118.42 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1295,17 118.42 (1) (intro.) A nonprofit corporation may apply to the department state superintendent for a grant to partially fund the costs of planning, developing and operating a youth village program that complies with all of the following:

AB100-ASA1, s. 2842p Section 2842p. 118.42 (1) (e) of the statutes is created to read:

AB100-ASA1,1295,20 118.42 (1) (e) The program meets all applicable requirements under P.L. 104-193, section 103.

AB100-ASA1, s. 2842r Section 2842r. 118.42 (2) (a) of the statutes is amended to read:

AB100-ASA1,1295,23 118.42 (2) (a) The department state superintendent shall review the applications and determine which of the applicants shall receive the grant.

AB100-ASA1, s. 2842t Section 2842t. 118.42 (3) of the statutes is amended to read:

AB100-ASA1,1296,8 118.42 (3) Any school board may contract with the grant recipient for the participation of pupils enrolled in the school district in the program. No pupil may participate in the program unless his or her family meets the eligibility requirements under s. 49.145 (2) and (3) and any requirements applicable under P.L. 104-193, section 103. A pupil may not continue to participate in the program if the pupil is absent from his or her home for more than 45 consecutive days. No pupil may be required to participate in the program without his or her approval, if the pupil is an adult, or the approval of his or her parents or legal guardian, if the pupil is a minor.

AB100-ASA1,1296,9 " Section 2842w. 118.43 (6) (a) of the statutes is amended to read:

AB100-ASA1,1296,12 118.43 (6) (a) In this subsection, "amount appropriated" means the amount appropriated under s. 20.255 (2) (cu) in any fiscal year less $250,000 , plus the amount appropriated under s. 20.255 (2) (cv).

AB100-ASA1, s. 2842x Section 2842x. 118.43 (6) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1296,17 118.43 (6) (b) (intro.) From the appropriation appropriations under s. 20.255 (2) (cu) and (cv), subject to par. (c), the department shall pay to each school district that has entered into a contract with the department under this section an amount determined as follows:

AB100-ASA1, s. 2155 Section 2155. 118.55 (7r) of the statutes is created to read:

AB100-ASA1,1296,22 118.55 (7r) Attendance at technical college. (a) Upon the pupil's request and with the written approval of the pupil's parent or guardian, any public school pupil who satisfies the following criteria may apply to attend a technical college for the purpose of taking one or more courses:

AB100-ASA1,1296,23 1. The pupil has completed the 10th grade.

AB100-ASA1,1296,24 2. The pupil is in good academic standing.

AB100-ASA1,1297,3 3. The pupil notifies the school board of his or her intent to attend a technical college under this subsection by March 1 if the pupil intends to enroll in the fall semester and by October 1 if the pupil intends to enroll in the spring semester.

AB100-ASA1,1297,4 4. The pupil is not a child at risk, as defined in s. 118.153 (1) (a).

AB100-ASA1,1297,9 (am) A school board may refuse to permit a pupil to attend a technical college under this subsection if the pupil is a child with exceptional educational needs, as defined in s. 115.76 (3), and the school board determines that the cost to the school district under par. (dm) would impose an undue financial burden on the school district.

AB100-ASA1,1297,14 (b) The technical college district board shall admit the pupil if he or she meets the requirements and prerequisites of the course or courses for which he or she applied, except that the district board may reject an application from a pupil who has a record of disciplinary problems, as determined by the district board, or if the district board determines that there is no space available for the pupil.

AB100-ASA1,1298,3 (c) If a child attends a technical college under this subsection, the technical college shall ensure that the child's educational program meets the high school graduation requirements under s. 118.33. At least 30 days before the beginning of the technical college semester in which the pupil will be enrolled, the school board of the school district in which the pupil resides shall notify the pupil, in writing, if a course in which the pupil will be enrolled does not meet the high school graduation requirements and whether the course is comparable to a course offered in the school district. If the pupil disagrees with the school board's decision regarding comparability of courses or satisfaction of high school graduation requirements, the pupil may appeal the school board's decision to the state superintendent within 30 days after the decision. The state superintendent's decision is final and is not subject to review under subch. III of ch. 227. The pupil is eligible to receive both high school and technical college credit for courses successfully completed at the technical college.

AB100-ASA1,1298,6 (d) For each pupil attending a technical college under this subsection, the school board shall pay to the technical college district board, in 2 instalments payable upon initial enrollment and at the end of the semester, the following amount:

AB100-ASA1,1298,10 1. If the pupil is attending the technical college for less than 7 credits that are eligible for high school credit, for those courses taken for high school credit, an amount equal to the cost of tuition, course fees and books for the pupil at the technical college.

AB100-ASA1,1298,21 2. If the pupil is attending the technical college for 7 credits or more that are eligible for high school credit, an amount equal to 50% of the school district's average per pupil cost for regular instruction and instructional support services in the previous school year, as determined by the department, multiplied by a fraction the numerator of which is the number of credits taken for high school credit for which the pupil is enrolled and the denominator of which is 15. If the pupil is attending the technical college for 12 credits or more, the school board is responsible under this subdivision for no more than 6 of the credits for courses that are comparable to courses offered in the school district. Annually by the 3rd Monday in February, the department shall make available to school boards and technical college district boards estimates of the amounts under this subdivision.

AB100-ASA1,1298,25 (dm) If a pupil who is attending a technical college under this subsection is a child with exceptional educational needs, as defined in s. 115.76 (3), the payment under par. (d) shall be adjusted to reflect the cost of any special services required for the pupil.

AB100-ASA1,1299,3 (e) The school board is not responsible for transporting a pupil attending a technical college under this subsection to or from the technical college that the pupil is attending.

AB100-ASA1, s. 2156 Section 2156. 118.55 (7w) of the statutes is created to read:

AB100-ASA1,1299,8 118.55 (7w) Responsibility of pupil for tuition and fees; technical college. A pupil taking a course at a technical college for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board is required to pay the technical college for the course under sub. (7r) (d).

AB100-ASA1, s. 2157 Section 2157. 119.04 (title) of the statutes is amended to read:

AB100-ASA1,1299,10 119.04 (title) Education Public instruction laws applicable.