AB100-engrossed, s. 2821
9Section
2821. 118.37 (4) of the statutes is renumbered 118.55 (4), and 118.55
10(4) (a), as renumbered, is amended to read:
AB100-engrossed,1454,1311
118.55
(4) (a) An institution of higher education may admit a pupil under this
12section only if it has space available.
A pupil may attend a technical college under
13this section only if he or she is a resident of this state.
AB100-engrossed, s. 2822c
14Section 2822c. 118.37 (5) (intro.) and (a) of the statutes are renumbered
15118.55 (5) (intro.) and (a).
AB100-engrossed, s. 2823m
17Section 2823m. 118.37 (5) (c) of the statutes is renumbered 118.55 (5) (c), and
18118.55 (5) (c) 2., as renumbered, is amended to read:
AB100-engrossed,1455,219
118.55
(5) (c) 2. An amount determined by dividing the state total net cost of
20the general fund in the previous school year by the state total membership in the
21previous school year, dividing that quotient by the statewide average number of high
22school credits taken by full-time pupils in the previous school year, as determined
23by the
department state superintendent, and multiplying that quotient by the
24number of high school credits taken by the pupil at the private institution of higher
25education, as determined under sub. (3) (b). In this subdivision, "net cost" has the
1meaning given in s. 121.004 (6), and "membership" has the meaning given in s.
2121.004 (5).
AB100-engrossed, s. 2824m
3Section 2824m. 118.37 (6) of the statutes is renumbered 118.55 (6), and 118.55
4(6) (title), (a) and (b), as renumbered, are amended to read:
AB100-engrossed,1455,105
118.55
(6) (title)
Responsibility of pupil for tuition and fees; institution of
6higher education. (a) A pupil taking a course at an institution of higher education
7for high school credit under this section is not responsible for any portion of the
8tuition and fees for the course if the school board, or the
department state
9superintendent on appeal under sub. (3) (b), has determined that the course is not
10comparable to a course offered in the school district.
AB100-engrossed,1455,1511
(b) A pupil taking a course at an institution of higher education for high school
12credit under this section is responsible for the tuition and fees for the course if the
13school board has determined that the course is comparable to a course offered in the
14school district, unless the
department state superintendent reverses the school
15board's decision on appeal under sub. (3) (b).
AB100-engrossed,1456,418
118.55
(7g) Transportation. The parent or guardian of a pupil who is
19attending an institution of higher education
or technical college under this section
20and is taking a course for high school credit
that is not comparable to a course offered
21in the school district may apply to the
department
state superintendent for
22reimbursement of the cost of transporting the pupil between the high school in which
23the pupil is enrolled and the institution of higher education
or technical college that
24the pupil is attending if the pupil and the pupil's parent or guardian are unable to
25pay the cost of such transportation. The
department
state superintendent shall
1determine the reimbursement amount and shall pay the amount from the
2appropriation under s. 20.255 (2) (cw). The
department state superintendent shall
3give preference under this subsection to those pupils who are eligible for a free or
4reduced-price lunch under
42 USC 1758 (b).
AB100-engrossed,1456,108
118.55
(9) Rules. The
department state superintendent shall promulgate rules
9to implement and administer this section, including rules establishing criteria for
10determining reimbursement amounts under sub. (7g).
AB100-engrossed,1456,1813
118.38
(3) A waiver is effective for 4 years. The
secretary department shall
14renew the waiver for additional 4-year periods if the school board has evaluated the
15educational and financial effects of the waiver over the previous 4-year period,
16except that the
secretary department is not required to renew a waiver if the
17secretary department determines that the school district is not making adequate
18progress toward improving pupil academic performance.
AB100-engrossed,1456,2520
118.40
(1) Notice to department. Whenever a school board intends to establish
21a charter school, it shall notify the
department
state superintendent of its intention.
22The Whenever one of the entities under sub. (2r) (b) intends to establish a charter
23school, it shall notify the state superintendent of its intention by February 1 of the
24previous school year. A notice
under this subsection shall include a description of the
25proposed school.
AB100-engrossed,1457,62
118.40
(1m) (a) A written petition requesting
the a school board to establish
3a charter school under this section may be filed with the school district clerk.
The 4If the proposed charter school would replace a public school in whole or in part, the 5petition shall be signed by at least 10% of the teachers employed by the school district
6or by at least 50% of the teachers employed at one school of the school district.
AB100-engrossed,1457,108
118.40
(1m) (b) 7. Subject to sub. (7) (a)
and (am) and ss. 118.19 (1) and 121.02
9(1) (a) 2., the qualifications that must be met by the individuals to be employed in the
10school.
AB100-engrossed,1457,1612
118.40
(2) (a) Within 30 days after receiving a petition under sub. (1m) the
13school board shall hold a public hearing on the petition. At the hearing, the school
14board shall consider the level of employe and parental support for the establishment
15of the charter school described in the petition.
After the hearing, the school board
16may grant the petition.
AB100-engrossed,1457,2418
118.40
(2) (c) The school board
of the school district operating under ch. 119 19shall either grant or deny the petition within 30 days after the public hearing. If the
20school board
of the school district operating under ch. 119 denies a petition, the
21person seeking to establish the charter school may, within 30 days after the denial,
22appeal the denial to the department. The department shall issue a decision within
2330 days after receiving the appeal. The department's decision is final and not subject
24to judicial review under ch. 227.
Section 115.28 (5) applies to this paragraph.
AB100-engrossed,1458,1
1118.40
(2r) Other initiatives. (a) In this subsection:
AB100-engrossed,1458,22
1. "Membership" has the meaning given in s. 121.004 (5).
AB100-engrossed,1458,43
2. "Shared cost per member" means the shared cost under s. 121.07 (6) (a)
4divided by the school district's membership.
AB100-engrossed,1458,165
(b)
The common council of the city of Milwaukee, the chancellor of the
6University of Wisconsin-Milwaukee and the Milwaukee area technical college
7district board may establish by charter and operate a charter school or, on behalf of
8their respective entities, may initiate a contract with an individual or group to
9operate a school as a charter school. A charter shall include all of the provisions
10specified under sub. (1m) (b) 3. to 14. A contract shall include all of the provisions
11specified under sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment
12of the charter school on the liability of the contracting entity under this paragraph.
13The contract may include other provisions agreed to by the parties. The chancellor
14of the University of Wisconsin-Milwaukee may not establish or enter into a contract
15for the establishment of a charter school under this paragraph without the approval
16of the board of regents of the University of Wisconsin System.
AB100-engrossed,1458,2117
(c) An entity under par. (b) may not establish or enter into a contract for the
18establishment of a charter school located outside of the school district operating
19under ch. 119. A pupil residing within the school district operating under ch. 119 may
20attend a charter school established under this subsection only if one of the following
21applies:
AB100-engrossed,1458,2322
1. In the previous school year, the pupil was enrolled in the school district
23operating under ch. 119.
AB100-engrossed,1458,2524
2. In the previous school year, the pupil was attending a private school under
25s. 119.23.
AB100-engrossed,1459,2
13. In the previous school year, the pupil was enrolled in grades kindergarten
2to 3 in a private school located in the city of Milwaukee other than under s. 119.23.
AB100-engrossed,1459,33
4. In the previous school year, the pupil was not enrolled in school.
AB100-engrossed,1459,54
5. In the previous school year, the pupil was enrolled in a charter school under
5this subsection.
AB100-engrossed,1459,76
(d) The chartering or contracting entity under par. (b) shall do all of the
7following:
AB100-engrossed,1459,98
1. Ensure that all instructional staff of charter schools under this subsection
9hold a license or permit to teach issued by the department.
AB100-engrossed,1459,1110
2. Administer the examinations under ss. 118.30 (1m) and 121.02 (1) (r) to
11pupils enrolled in charter schools under this subsection.
AB100-engrossed,1459,1712
(e) From the appropriation under s. 20.255 (2) (fm), the department shall pay
13to the operator of the charter school an amount equal to the shared cost per member
14in the previous school year of the school district operating under ch. 119 multiplied
15by the number of pupils attending the charter school. The department shall pay 25%
16of the total amount in September, 25% in December, 25% in February and 25% in
17June. The department shall send the check to the operator of the charter school.
AB100-engrossed,1459,2218
(f) The department shall annually reduce the aid paid under s. 121.08 to the
19board of a school district operating under ch. 119 by an amount equal to the shared
20cost per member in the previous school year of the school district operating under ch.
21119 multiplied by the number of pupils attending charter schools under this
22subsection.
AB100-engrossed,1460,223
(g) The department shall ensure that aid paid to other school districts under
24s. 121.08 is neither reduced nor increased as a result of the payments under par. (e)
1or the reduction in aid to the board under par. (f) and that the amount of the aid
2reduction under par. (f) lapses to the general fund.
AB100-engrossed,1460,84
118.40
(3) (a) If the school board grants the petition under sub. (2)
(a), the school
5board shall contract with the person named in the petition under sub. (1m) (b) 1. to
6operate the school as a charter school under this section. The contract shall include
7all of the provisions specified in the petition and may include other provisions agreed
8to by the parties.
AB100-engrossed,1460,1310
118.40
(3) (b) A contract under par. (a) or under
sub. subs. (2m)
or (2r) may be
11for any term not exceeding 5 school years and may be renewed for one or more terms
12not exceeding 5 school years. The contract shall specify the amount to be paid
by the
13school board to the charter school during each school year of the contract.
AB100-engrossed,1460,1715
118.40
(3) (d) A school board
or an entity under s. 118.40 (2r) (b) shall give
16preference in awarding contracts for the operation of charter schools to those charter
17schools that serve children at risk, as defined in s. 118.153 (1) (a).
AB100-engrossed,1460,2219
118.40
(5) Charter revocation. (intro.) A charter may be revoked by the school
20board
or the entity under sub. (2r) (b) that contracted with the charter school if the
21school board
or, if applicable, the entity under sub. (2r) (b) finds that any of the
22following occurred:
AB100-engrossed,1460,2423
(a) The charter school violated its contract with the school board
or the entity
24under sub. (2r) (b).
AB100-engrossed,1461,5
1118.40
(7) (a)
A Except as provided in par. (am), a charter school is an
2instrumentality of the school district in which it is located and the school board of
3that school district shall employ all personnel for the charter school.
This paragraph
4does not apply to charter schools located in the school district operating under ch.
5119.
AB100-engrossed,1461,147
118.40
(7) (am) 1. Except as provided in subds. 2. and 3., if a charter school is
8established under sub. (2m) and located in the school district operating under ch.
9119, the school board of that school district shall determine whether or not the
10charter school is an instrumentality of the school district. If the school board
11determines that a charter school is an instrumentality of the school district, the
12school board shall employ all personnel for the charter school. If the school board
13determines that a charter school is not an instrumentality of the school district, the
14school board may not employ any personnel for the charter school.
AB100-engrossed,1461,1815
2. A charter school established under sub. (2r) or a private school located in the
16school district operating under ch. 119 that is converted to a charter school is not an
17instrumentality of the school district operating under ch. 119 and the school board
18of that school district may not employ any personnel for the charter school.
AB100-engrossed,1461,2319
3. Notwithstanding subd. 2., if the city of Milwaukee contracts with an
20individual or group operating for profit to operate a school as a charter school, the
21charter school is an instrumentality of the school district operating under ch. 119 and
22the board of the school district operating under ch. 119 shall employ all personnel for
23the charter school.
AB100-engrossed,1462,3
1118.40
(7) (ar) Nothing in this subsection affects the rights of personnel of a
2charter school that is an instrumentality of the school district in which it is located
3to engage in collective bargaining pursuant to subch. IV of ch. 111.
AB100-engrossed,1462,75
118.42
(1) (intro.) A nonprofit corporation may apply to the
department state
6superintendent for a grant to partially fund the costs of planning, developing and
7operating a youth village program that complies with all of the following:
AB100-engrossed,1462,109
118.42
(2) (a) The
department state superintendent shall review the
10applications and determine which of the applicants shall receive the grant.
AB100-engrossed,1462,1412
118.43
(6) (a) In this subsection, "amount appropriated" means the amount
13appropriated under s. 20.255 (2) (cu) in any fiscal year less $250,000
, plus the amount
14appropriated under s. 20.255 (2) (cv).
AB100-engrossed,1462,1916
118.43
(6) (b) (intro.) From the
appropriation appropriations under s. 20.255
17(2) (cu)
and (cv), subject to par. (c), the department shall pay to each school district
18that has entered into a contract with the department under this section an amount
19determined as follows:
AB100-engrossed,1462,21
21118.51 Full-time open enrollment. (1)
Definitions. In this section:
AB100-engrossed,1462,2322
(a) "Child with exceptional educational needs" has the meaning given in s.
23115.76 (3).
AB100-engrossed,1462,2524
(b) "Nonresident school board" means the school board of a nonresident school
25district.
AB100-engrossed,1463,3
1(c) "Nonresident school district" means a school district, other than a pupil's
2resident school district, that the pupil is attending or has applied to attend under this
3section.
AB100-engrossed,1463,44
(d) "Parent" includes a guardian.
AB100-engrossed,1463,55
(e) "Resident school board" means the school board of a resident school district.
AB100-engrossed,1463,66
(f) "Resident school district" means the school district in which a pupil resides.
AB100-engrossed,1463,13
7(2) Applicability. Beginning in the 1998-99 school year, a pupil may attend
8a public school, including a prekindergarten, early childhood or school-operated day
9care program, in a nonresident school district under this section, except that a pupil
10may attend a prekindergarten, early childhood or school-operated day care program
11in a nonresident school district only if the pupil's resident school district offers the
12same type of program that the pupil wishes to attend and the pupil is eligible to
13attend that program in his or her resident school district.
AB100-engrossed,1463,23
14(3) Application procedures. (a)
Submission and acceptance or rejection. 1.
15The parent of a pupil who wishes to attend a public school in a nonresident school
16district under this section shall submit an application, on a form provided by the
17department under sub. (15) (a), to the school board of the nonresident school district
18that the pupil wishes to attend, not earlier than the first Monday in February and
19not later than the 3rd Friday in February of the school year immediately preceding
20the school year in which the pupil wishes to attend. On the 4th Monday in February,
21the nonresident school board shall send a copy of the application to the pupil's
22resident school board and the department. The application may include a request
23to attend a specific school or program offered by the nonresident school district.
AB100-engrossed,1464,324
2. A nonresident school board may not act on any application received under
25subd. 1. until after the 3rd Friday in February. If a nonresident school board receives
1more applications for a particular grade or program than there are spaces available
2in the grade or program, the nonresident school board shall determine which pupils
3to accept on a random basis.
AB100-engrossed,1464,74
3. On or before the first Friday following the first Monday in April following
5receipt of the application, the nonresident school board shall notify the applicant, in
6writing, whether it has accepted the application. If the nonresident school board
7rejects an application, it shall include in the notice the reason for the rejection.
AB100-engrossed,1464,138
4. On or before the first Friday following the first Monday in April following
9receipt of a copy of the application, if a resident school board denies a pupil's
10enrollment in a nonresident school district under sub. (6), (7) or (12) (b) 1., the
11resident school board shall notify the applicant and the nonresident school board, in
12writing, that the application has been denied and include in the notice the reason for
13the denial.
AB100-engrossed,1464,1714
5. If an application is accepted, on or before the 2nd Friday following the first
15Monday in May following receipt of the application, the nonresident school board
16shall notify the applicant, in writing, of the specific school or program that the pupil
17may attend in the following school year.
AB100-engrossed,1464,2118
6. If an application is accepted, on or before the first Friday following the first
19Monday in June following receipt of a notice of acceptance, the pupil's parent shall
20notify the nonresident school board of the pupil's intent to attend school in that school
21district in the following school year.
AB100-engrossed,1464,2522
(b)
Notice to resident school district. Annually by June 30, each nonresident
23school board that has accepted a pupil under this section for attendance in the
24following school year shall report the name of the pupil to the pupil's resident school
25board.
AB100-engrossed,1465,7
1(c)
Subsequent reapplication; when required. 1. If a pupil's parent notifies a
2nonresident school board, under par. (a) 6., that the pupil intends to attend school
3in that school district in the following school year, the pupil may attend that school
4district in the following school year and may continue to attend that school district
5in succeeding school years without reapplying, except that the nonresident school
6board may require that the pupil reapply, no more than once, when the pupil enters
7middle school, junior high school or high school.
AB100-engrossed,1465,118
2. If at any time a pupil who is attending school in a nonresident school district
9under this section wishes to attend school in a different nonresident school district
10under this section, the pupil's parent shall follow the application procedures under
11par. (a).
AB100-engrossed,1465,13
12(4) Adoption of policies and criteria. (a) By December 1, 1997, each school
13board shall adopt a resolution specifying all of the following:
AB100-engrossed,1465,1414
1. Its reapplication requirements, if any, under sub. (3) (c) 1.