Amendment ASA1-AB100

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.

AB100-ASA1, s. 2158 Section 2158. 119.04 (1) of the statutes is amended to read:

AB100-ASA1,1299,18 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 118.55, 120.12 (5) and (15) to (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.

AB100-ASA1, s. 2847c Section 2847c. 119.23 (2) (a) 3. of the statutes is amended to read:

AB100-ASA1,1299,23 119.23 (2) (a) 3. The private school notified the department state superintendent of its intent to participate in the program under this section by May 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space.

AB100-ASA1, s. 2847g Section 2847g. 119.23 (3) (a) of the statutes is amended to read:

AB100-ASA1,1300,8 119.23 (3) (a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the department state superintendent, to the participating private school that the pupil wishes to attend. Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. The department state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis.

AB100-ASA1, s. 2847L Section 2847L. 119.23 (4) of the statutes is amended to read:

AB100-ASA1,1300,20 119.23 (4) Upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school, the department state superintendent shall pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fu), an amount equal to the total amount to which the school district is entitled under s. 121.08 divided by the school district membership, or an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, whichever is less. The department state superintendent shall pay 25% of the total amount in September, 25% in November, 25% in February and 25% in May. The department shall send the check to the private school. The parent or guardian shall restrictively endorse the check for the use of the private school.

AB100-ASA1, s. 2847p Section 2847p. 119.23 (5) (intro.) of the statutes is amended to read:

AB100-ASA1,1300,22 119.23 (5) (intro.)  The department state superintendent shall:

AB100-ASA1, s. 2847t Section 2847t. 119.23 (7) (b) of the statutes is amended to read:

AB100-ASA1,1301,3 119.23 (7) (b) The department state superintendent shall monitor the performance of the pupils attending private schools under this section. If the department state superintendent determines in any school year that the private school is not meeting at least one of the standards under par. (a), that private school may not participate in the program under this section in the following school year.

AB100-ASA1, s. 2848m Section 2848m. 119.25 (2) (b) of the statutes is amended to read:

AB100-ASA1,1302,7 119.25 (2) (b) No administrator may be designated to participate in an expulsion hearing if he or she was involved in the incident that led to the expulsion proceeding. Prior to expelling a pupil, the hearing officer or panel shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian, may be represented at the hearing by counsel. The hearing officer or panel shall keep a full record of the hearing. The hearing officer or panel shall inform each party of the right to a complete record of the proceeding. Upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent or guardian. Upon the ordering by the hearing officer or panel of the expulsion of a pupil, the school district shall mail a copy of the order to the board, the pupil and, if the pupil is a minor, the pupil's parent or guardian. A school board, hearing officer or panel may disclose the transcript to the parent or guardian of an adult pupil, if the adult pupil is a dependent of his or her parent or guardian under section 152 of the internal revenue code. Within 30 days after the date on which the order is issued, the board shall review the expulsion order and shall, upon review, approve, reverse or modify the order. The order of the hearing officer or panel shall be enforced while the board reviews the order. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the board's decision to the department state superintendent. If the board's decision is appealed to the department state superintendent, within 60 days after the date on which the department state superintendent receives the appeal, the department state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the board shall be enforced while the department state superintendent reviews the decision. An appeal from the decision of the department state superintendent may be taken within 30 days to the circuit court for the county in which the school is located.

AB100-ASA1, s. 2159 Section 2159. 119.28 (5) of the statutes is amended to read:

AB100-ASA1,1302,11 119.28 (5) Any action under subs. (3) and (4) shall be subject to the direction of the department state superintendent and the division for learning support, equity and advocacy in the department as provided by law.

AB100-ASA1, s. 2849d Section 2849d. 119.32 (6) of the statutes is amended to read:

AB100-ASA1,1302,18 119.32 (6) The superintendent of schools shall take an annual census of all persons between the ages of 4 and 20 residing in the city and at the same time shall collect such additional statistics and information relating to schools and the population entitled to school privileges in the city as the board directs. The census may be estimated by using statistically significant sampling techniques that have been approved by the department.

AB100-ASA1, s. 2849h Section 2849h. 119.44 (1) of the statutes is amended to read:

AB100-ASA1,1302,21 119.44 (1) The board shall file its annual financial report with the city clerk and shall send a copy of the report to the department state superintendent.

AB100-ASA1, s. 2849m Section 2849m. 119.44 (2) (c) of the statutes is amended to read:

AB100-ASA1,1302,23 119.44 (2) (c) The information specified under s. 120.18 (1) (gm) and (i).

AB100-ASA1, s. 2849r Section 2849r. 119.44 (2) (d) of the statutes is created to read:

AB100-ASA1,1302,25 119.44 (2) (d) The information specified under s. 120.18 (1) (a).

AB100-ASA1, s. 2851m Section 2851m. 119.485 of the statutes is created to read:

AB100-ASA1,1303,10 119.485 Taxes for state trust fund loans. (1) If the board is awarded a state trust fund loan under subch. II of ch. 24, the board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of money necessary to pay the principal and interest on the loan as they become due. The common council shall levy and collect a tax upon all property subject to taxation in the city, at the same time and in the same manner as other taxes are levied and collected, equal to the amount of money required to make such payments. The taxes are in addition to all other taxes that the city is authorized to levy.

AB100-ASA1,1303,13 (2) Annually by December 31, the board shall transfer to the city an amount which, when added to the interest that will accrue on the amount, is sufficient to meet the anticipated costs of debt service on the loan in the ensuing year.

AB100-ASA1, s. 2853m Section 2853m. 119.497 (2) (b) of the statutes is amended to read:

AB100-ASA1,1303,19 119.497 (2) (b) By December 1, 1992, the board shall submit the approved plan to the department state superintendent and the legislative audit bureau for their review. By January 15, 1993, the department state superintendent and the legislative audit bureau shall submit their comments on the plan to the committees specified under par. (a) in the manner specified under par. (a).