Amendment AP8 AA1-SB2

SB2-AA1,1,11 17.01 (8m) By a commissioner appointed under s. 119.92 (1), to the appointing authority.

SB2-AA1, s. 1n Section 1n. 17.125 of the statutes is created to read:

SB2-AA1,2,3 17.125 Removal of Milwaukee Public Schools commissioners. Notwithstanding s. 17.12 (1), a commissioner appointed under s. 119.92 (1) may be removed at the pleasure of the appointing authority.

SB2-AA1, s. 1p Section 1p. 17.26 (2) of the statutes is amended to read:

SB2-AA1,2,6 17.26 (2) In a 1st class city school district operating under subch. I of ch. 119, by special election as provided under s. 119.08 (4).

SB2-AA1, s. 1q Section 1q. 17.27 (3m) of the statutes is created to read:

SB2-AA1,2,10 17.27 (3m) Milwaukee Public Schools governing commission. A vacancy in the membership of the Milwaukee Public Schools governing commission shall be filled by the appointing authority.".

SB2-AA1,2,11 3. Page 2, line 11: delete " Section 1" and substitute "Section 1r".

SB2-AA1,2,12 4. Page 5, line 6: after that line insert:

SB2-AA1,2,13 " Section 7m. 118.01 (2) (e) of the statutes is created to read:

SB2-AA1,2,15 118.01 (2) (e) Applicability. This subsection does not apply to the school district operating under subch. II of ch. 119.

SB2-AA1, s. 7r Section 7r. 118.40 (1m) (a) of the statutes is amended to read:

SB2-AA1,2,18 118.40 (1m) (a) 1. A written petition requesting the school board to establish a charter school under this section may be filed with the school district clerk.

SB2-AA1,2,22 2. 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. This subdivision does not apply to the school district operating under subch. II of ch. 119.".

SB2-AA1,2,23 5. Page 5, line 15: before that line insert:

SB2-AA1,2,24 " Section 8m. 118.40 (5) (b) of the statutes is amended to read:

SB2-AA1,3,4 118.40 (5) (b) The pupils enrolled in the charter school failed to make sufficient progress toward attaining the educational goals under s. 118.01 (2). This paragraph does not apply to a charter school under contract with the Milwaukee Public Schools governing commission.".

SB2-AA1,3,5 6. Page 5, line 18: after that line insert:

SB2-AA1,3,6 " Section 9m. Chapter 119 (title) of the statutes is amended to read:

SB2-AA1,3,9 CHAPTER 119 FIRST CLASS CITY SCHOOL SYSTEM systems

SB2-AA1, s. 9r Section 9r. Subchapter I (title) of chapter 119 [precedes 119.01] of the statutes is created to read:

SB2-AA1,3,12 CHAPTER 119

SB2-AA1,3,14 SUBCHAPTER I Board of school directors

SB2-AA1, s. 9s Section 9s. 119.01 of the statutes is amended to read:

SB2-AA1,3,17 119.01 Applicability. This chapter subchapter applies only to cities of the 1st class.

SB2-AA1,3,18 Section 9t 119.02 (intro.) of the statutes is amended to read:

SB2-AA1,3,20 119.02 Definitions. (intro.) In this chapter subchapter, unless the context clearly requires otherwise:".

SB2-AA1,3,21 7. Page 11, line 4: after that line insert:

SB2-AA1,3,22 " Section 21m. 119.32 (8) of the statutes is created to read:

SB2-AA1,4,3 119.32 (8) This section does not apply to the Milwaukee Public Schools beginning on the date that the board of school directors of the Milwaukee Public Schools is abolished under s. 119.92 (2).".

SB2-AA1,4,5 8. Page 11, line 19: delete the material beginning with that line and ending with page 14, line 7, as affected by senate amendments 19 and 22, and substitute:

SB2-AA1,4,7 " Section 24m. Subchapter II of chapter 119 [precedes 119.90] of the statutes is created to read:

SB2-AA1,4,8 Chapter 119

SB2-AA1,4,11 SUBCHAPTER II Milwaukee public schools governing commission

SB2-AA1,4,12 119.90 Definitions. In this subchapter:

SB2-AA1,4,13 (1) "Commission" means the Milwaukee Public Schools governing commission.

SB2-AA1,4,14 (2) "Executive director" means the executive director of the system.

SB2-AA1,4,15 (3) "System" means the Milwaukee Public Schools.

SB2-AA1,4,20 119.91 Educational achievement criteria. (1) By December 15, 2000, the department, the department of administration and the legislative fiscal bureau shall jointly determine and certify to the governor and the joint committee on finance whether, in the preceding school year, all of the following were true, as calculated and defined by the department of public instruction:

SB2-AA1,4,21 (a) The system's graduation rate was at least 90%.

SB2-AA1,4,22 (b) The system's attendance rate was at least 91%.

SB2-AA1,4,23 (c) The system's dropout rate was no greater than 9%.

SB2-AA1,5,5 (d) The percentage of pupils enrolled in the 3rd grade in the system whose score on the reading test under s. 121.02 (1) (r) in the preceding school year was at least at the basic level was equal to at least 90% of the percentage of all pupils enrolled in 3rd grade in the state whose score on the test in the preceding school year was at least at the basic level.

SB2-AA1,5,9 (2) If the department, the department of administration and the legislative fiscal bureau certify that the system meets all of the criteria under sub. (1), then the certification procedure shall be repeated biennially by December 15, unless the system does not meet the educational criteria under sub. (1).

SB2-AA1,5,11 (3) The department shall calculate the percentages under sub. (1) and (2) without the benefit of rounding.

SB2-AA1,5,25 119.92 Commission; creation, duties. (1) If the department, the department of administration and the legislative fiscal bureau certify that the system does not meet all of the criteria under s. 119.91, on March 1 of the year following the certification, the commission is established. The commission shall consist of 3 members, all of whom shall reside in the city of Milwaukee. One member shall be appointed by the governor, one member shall be appointed by the state superintendent and one member shall be appointed by the mayor of the city of Milwaukee. The governor's appointee shall serve as the chairperson of the commission. Unless the context clearly dictates otherwise, any law that applies to the members of the board of school directors of a 1st class city school district applies to the commissioners of the commission, and any law that applies to the president of the board of school directors of a 1st class city school district applies to the chairperson of the commission. Members of the commission shall serve at the pleasure of the appointing authority.

SB2-AA1,6,6 (2) (a) If the commission is established under sub. (1), on July 1 of the year in which the commission is established, the board of school directors of the system, the position of superintendent of schools for the system and the positions under s. 119.32 (3) are abolished, and the commission assumes management and control of the system. Unless the context clearly dictates otherwise, any law that applies to the board of school directors of a 1st class city school district applies to the commission.

SB2-AA1,6,7 (b) The commission shall do all of the following:

SB2-AA1,6,8 1. Increase the quality of education in the system.

SB2-AA1,6,9 2. Ensure continuing academic improvement of pupils.

SB2-AA1,6,11 3. Reduce noninstructional expenditures in the system and use, to the extent practicable, the moneys saved for instructional purposes.

SB2-AA1,6,12 4. Develop school-based budgeting.

SB2-AA1,6,14 5. Approve, reject or modify educational reform plans as provided under s. 119.94 (2) (b).

SB2-AA1,6,15 6. Appoint an executive director.

SB2-AA1,6,20 7. On July 1 of the year in which the commission is established, establish a body to govern each school in the system beginning in the following school year and determine the governing body's powers, composition and size, the process of selecting the members of the governing body and the terms of its members. The commission may establish different kinds of governing bodies for different schools in the system.

SB2-AA1,6,25 (3) In any action or proceeding in which the commission is a defendant, service of any summons, writ, pleading or other papers served in commencing the action or proceeding upon the chairperson of the commission and the executive director constitutes service upon the entire commission. It is sufficient to serve on one commissioner any notice required by law to be served upon the commission.

SB2-AA1,7,6 119.93 Executive director. (1) The executive director appointed under s. 119.92 (2) (b) 6. shall be a person of suitable learning and experience in the art of instruction and shall have practical familiarity with the most approved methods of organizing and conducting a system of schools. Unless the context clearly dictates otherwise, any law that applies to the superintendent of schools of a 1st class city school district, except s. 119.32, applies to the executive director.

SB2-AA1,7,8 (2) Under the direction of the commission, the executive director shall have general supervision of all of the following:

SB2-AA1,7,9 (a) The public schools and the manner of conducting and grading such schools.

SB2-AA1,7,11 (b) The supervisory and administrative employes appointed under sub. (3), principals, vice principals and teachers of the system.

SB2-AA1,7,13 (3) Subject to the commission's approval, the executive director shall appoint supervisory and administrative employes as determined by the commission.

SB2-AA1,7,16 (4) The executive director shall be an advisory member of every committee of the commission, except when an inquiry into his or her acts or an investigation of his or her official conduct is under consideration by the committee.

SB2-AA1,7,18 (5) The executive director shall assign all teachers and engage and assign substitute teachers at the per diem compensation fixed by the commission.

SB2-AA1,7,21 (6) The executive director shall collect such statistics and information relating to schools and the population entitled to school privileges in the city of Milwaukee as the commission directs.

SB2-AA1,7,24 (7) Notwithstanding ss. 115.28 (7), 118.19 (1) and 121.02 (1) (a), the commission may appoint an executive director and may employ a business manager who are not licensed by the department.

SB2-AA1,8,2 119.94 Educational reform plans. (1) This section applies if the commission is established under s. 119.92 (1).

SB2-AA1,8,6 (2) (a) By February 1 of the year following the establishment of the commission and annually thereafter, each school governing body in the system shall submit to the commission for its review the school's educational reform plan for the following school year that includes all of the following:

SB2-AA1,8,7 1. The educational goals and expectations of the school governing body.

SB2-AA1,8,9 2. A description of the educational program of the school, including the method to be followed to ensure parental involvement.

SB2-AA1,8,11 3. The methods that the school will use to enable pupils to achieve the educational goals and expectations under subd. 1.

SB2-AA1,8,13 4. The methods that the school will use to measure pupils' progress towards the educational goals and expectations under subd. 1.

SB2-AA1,8,14 5. An annual budget and operational plan.

SB2-AA1,8,15 6. A professional development plan.

SB2-AA1,8,17 (b) Within 60 days of submission of the educational reform plan, the commission shall either approve it, or, if any of the following are true, reject it:

SB2-AA1,8,19 1. The commission disapproves of the educational goals and expectations contained in the educational reform plan.

SB2-AA1,8,22 2. The commission determines that the educational program of the school will not allow the school's pupils to meet the educational goals and expectations contained in the educational reform plan.

SB2-AA1,8,24 3. The commission determines that a modification is necessary to ensure the proper management of the school or the system.

SB2-AA1,9,5 (c) If the commission rejects the educational reform plan, it shall notify the school governing body in writing of the reasons for the rejection. The school governing body shall submit a revised educational reform plan by May 1. By June 1, the commission shall either approve the revised educational reform plan or modify it for any of the reasons enumerated under par. (b).".

SB2-AA1,9,6 9. Page 14, line 19: delete lines 19 to 22 and substitute:

SB2-AA1,9,14 "(2c) Educational certification. By December 15, 1999, the department of public instruction, the department of administration and the legislative fiscal bureau shall jointly determine and certify to the governor and the joint committee on finance the graduation, attendance and dropout rates for the Milwaukee Public Schools in the 1998-99 school year and the percentage of pupils enrolled in the 3rd grade in the Milwaukee Public Schools whose score on the reading test under section 121.02 (1) (r) of the statutes in the 1998-99 school year was at least at the basic level, as calculated and defined by the department of public instruction.

SB2-AA1,9,17 (2f) Milwaukee Public Schools governing commission. If the Milwaukee Public Schools governing commission is established, on July 1 of the year in which the commission is established, all of the following shall occur:

SB2-AA1,9,20 (a) Assets and liabilities. The assets and liabilities of the board of school directors of the Milwaukee Public Schools become assets and liabilities of the Milwaukee Public Schools governing commission.

SB2-AA1,9,23 (b) Tangible personal property. All tangible personal property, including records, of the board of school directors of the Milwaukee Public Schools is transferred to the Milwaukee Public Schools governing commission.

SB2-AA1,10,6 (c) Employe status. Except for the superintendent of schools and the appointees of the superintendent of schools under section 119.32 (3) of the statutes, all employes of the board of school directors of the Milwaukee Public Schools become employes of the Milwaukee Public Schools governing commission and have the same rights and status that they enjoyed as employes of the board of school directors of the Milwaukee Public Schools.

SB2-AA1,10,12 (d) Contract. All contracts entered into by the board of school directors of the Milwaukee Public Schools remain in effect and are transferred to the Milwaukee Public Schools governing commission. The Milwaukee Public Schools governing commission shall carry out any such contractual obligations until modified or rescinded by the Milwaukee Public Schools governing commission to the extent allowed under the contract.

SB2-AA1,10,18 (e) Pending matters. Any matter pending with the board of school directors of the Milwaukee Public Schools is transferred to the Milwaukee Public Schools governing commission, and all materials submitted to or actions taken before the date on which the commission is established with respect to the pending matter are considered as having been submitted to or taken by the Milwaukee Public Schools governing commission.

SB2-AA1,10,23 (f) Rules and orders. All rules and orders of the board of school directors of the Milwaukee Public Schools that are in effect on the date on which the commission is established remain in effect until their specified expiration date or until amended, repealed, modified or rescinded by the Milwaukee Public Schools governing commission.".

SB2-AA1,10,24 (End)