AB100: Bill Text Engrossed

AB100-engrossed,1458,1 118.40 (2r) Other initiatives. (a) In this subsection:

AB100-engrossed,1458,2 1. "Membership" has the meaning given in s. 121.004 (5).

AB100-engrossed,1458,4 2. "Shared cost per member" means the shared cost under s. 121.07 (6) (a) divided by the school district's membership.

AB100-engrossed,1458,16 (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-engrossed,1458,21 (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-engrossed,1458,23 1. In the previous school year, the pupil was enrolled in the school district operating under ch. 119.

AB100-engrossed,1458,25 2. In the previous school year, the pupil was attending a private school under s. 119.23.

AB100-engrossed,1459,2 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-engrossed,1459,3 4. In the previous school year, the pupil was not enrolled in school.

AB100-engrossed,1459,5 5. In the previous school year, the pupil was enrolled in a charter school under this subsection.

AB100-engrossed,1459,7 (d) The chartering or contracting entity under par. (b) shall do all of the following:

AB100-engrossed,1459,9 1. Ensure that all instructional staff of charter schools under this subsection hold a license or permit to teach issued by the department.

AB100-engrossed,1459,11 2. Administer the examinations under ss. 118.30 (1m) and 121.02 (1) (r) to pupils enrolled in charter schools under this subsection.

AB100-engrossed,1459,17 (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-engrossed,1459,22 (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-engrossed,1460,2 (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-engrossed, s. 2836 Section 2836. 118.40 (3) (a) of the statutes is amended to read:

AB100-engrossed,1460,8 118.40 (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-engrossed, s. 2837 Section 2837 . 118.40 (3) (b) of the statutes is amended to read:

AB100-engrossed,1460,13 118.40 (3) (b) A contract under par. (a) or under sub. subs. (2m) or (2r) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. 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-engrossed, s. 2839 Section 2839. 118.40 (3) (d) of the statutes is amended to read:

AB100-engrossed,1460,17 118.40 (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-engrossed, s. 2840 Section 2840. 118.40 (5) (intro.) and (a) of the statutes are amended to read:

AB100-engrossed,1460,22 118.40 (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-engrossed,1460,24 (a) The charter school violated its contract with the school board or the entity under sub. (2r) (b).

AB100-engrossed, s. 2841 Section 2841. 118.40 (7) (a) of the statutes is amended to read:

AB100-engrossed,1461,5 118.40 (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-engrossed, s. 2842 Section 2842. 118.40 (7) (am) of the statutes is created to read:

AB100-engrossed,1461,14 118.40 (7) (am) 1. Except as provided in subds. 2. and 3., 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-engrossed,1461,18 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-engrossed,1461,23 3. Notwithstanding subd. 2., if the city of Milwaukee contracts with an individual or group operating for profit to operate a school as a charter school, the charter school is an instrumentality of the school district operating under ch. 119 and the board of the school district operating under ch. 119 shall employ all personnel for the charter school.

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

AB100-engrossed,1462,3 118.40 (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-engrossed, s. 2842g Section 2842g. 118.42 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1462,7 118.42 (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-engrossed, s. 2842r Section 2842r. 118.42 (2) (a) of the statutes is amended to read:

AB100-engrossed,1462,10 118.42 (2) (a) The department state superintendent shall review the applications and determine which of the applicants shall receive the grant.

AB100-engrossed, s. 2842w Section 2842w. 118.43 (6) (a) of the statutes is amended to read:

AB100-engrossed,1462,14 118.43 (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-engrossed, s. 2842x Section 2842x. 118.43 (6) (b) (intro.) of the statutes is amended to read:

AB100-engrossed,1462,19 118.43 (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-engrossed, s. 2843g Section 2843g. 118.51 of the statutes is created to read:

AB100-engrossed,1462,21 118.51 Full-time open enrollment. (1) Definitions. In this section:

AB100-engrossed,1462,23 (a) "Child with exceptional educational needs" has the meaning given in s. 115.76 (3).

AB100-engrossed,1462,25 (b) "Nonresident school board" means the school board of a nonresident school district.

AB100-engrossed,1463,3 (c) "Nonresident school district" means a school district, other than a pupil's resident school district, that the pupil is attending or has applied to attend under this section.

AB100-engrossed,1463,4 (d) "Parent" includes a guardian.

AB100-engrossed,1463,5 (e) "Resident school board" means the school board of a resident school district.

AB100-engrossed,1463,6 (f) "Resident school district" means the school district in which a pupil resides.

AB100-engrossed,1463,13 (2) Applicability. Beginning in the 1998-99 school year, a pupil may attend a public school, including a prekindergarten, early childhood or school-operated day care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, early childhood or school-operated day care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.

AB100-engrossed,1463,23 (3) Application procedures. (a) Submission and acceptance or rejection. 1. The parent of a pupil who wishes to attend a public school in a nonresident school district under this section shall submit an application, on a form provided by the department under sub. (15) (a), to the school board of the nonresident school district that the pupil wishes to attend, not earlier than the first Monday in February and not later than the 3rd Friday in February of the school year immediately preceding the school year in which the pupil wishes to attend. On the 4th Monday in February, the nonresident school board shall send a copy of the application to the pupil's resident school board and the department. The application may include a request to attend a specific school or program offered by the nonresident school district.

AB100-engrossed,1464,3 2. A nonresident school board may not act on any application received under subd. 1. until after the 3rd Friday in February. If a nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept on a random basis.

AB100-engrossed,1464,7 3. On or before the first Friday following the first Monday in April following receipt of the application, the nonresident school board shall notify the applicant, in writing, whether it has accepted the application. If the nonresident school board rejects an application, it shall include in the notice the reason for the rejection.

AB100-engrossed,1464,13 4. On or before the first Friday following the first Monday in April following receipt of a copy of the application, if a resident school board denies a pupil's enrollment in a nonresident school district under sub. (6), (7) or (12) (b) 1., the resident school board shall notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the denial.

AB100-engrossed,1464,17 5. If an application is accepted, on or before the 2nd Friday following the first Monday in May following receipt of the application, the nonresident school board shall notify the applicant, in writing, of the specific school or program that the pupil may attend in the following school year.

AB100-engrossed,1464,21 6. If an application is accepted, on or before the first Friday following the first Monday in June following receipt of a notice of acceptance, the pupil's parent shall notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.

AB100-engrossed,1464,25 (b) Notice to resident school district. Annually by June 30, each nonresident school board that has accepted a pupil under this section for attendance in the following school year shall report the name of the pupil to the pupil's resident school board.

AB100-engrossed,1465,7 (c) Subsequent reapplication; when required. 1. If a pupil's parent notifies a nonresident school board, under par. (a) 6., that the pupil intends to attend school in that school district in the following school year, the pupil may attend that school district in the following school year and may continue to attend that school district in succeeding school years without reapplying, except that the nonresident school board may require that the pupil reapply, no more than once, when the pupil enters middle school, junior high school or high school.

AB100-engrossed,1465,11 2. If at any time a pupil who is attending school in a nonresident school district under this section wishes to attend school in a different nonresident school district under this section, the pupil's parent shall follow the application procedures under par. (a).

AB100-engrossed,1465,13 (4) Adoption of policies and criteria. (a) By December 1, 1997, each school board shall adopt a resolution specifying all of the following:

AB100-engrossed,1465,14 1. Its reapplication requirements, if any, under sub. (3) (c) 1.

AB100-engrossed,1465,15 2. Its acceptance and rejection criteria under sub. (5) (a) and (b).

AB100-engrossed,1465,16 3. A statement of the preference required under sub. (5) (c).

AB100-engrossed,1465,17 4. Its transfer limitations, if any, under sub. (6).

AB100-engrossed,1465,20 5. If the school district is eligible for aid under subch. VI of ch. 121, the limitation on transfers into or out of the school district imposed by the school board under sub. (7).

AB100-engrossed,1465,25 6. Whether it will provide transportation under s. 121.54 (10) for some or all of the pupils who reside in the school district and attend school in a nonresident school district under this section or for some or all of the pupils who reside in other school districts and attend its schools under this section, and the means, under s. 121.55, by which it will provide such transportation.

AB100-engrossed,1466,2 (b) If the school board revises its criteria or policies under par. (a), it shall do so by resolution.

AB100-engrossed,1466,5 (5) Nonresident school district acceptance criteria. (a) Permissible criteria. Except as provided in par. (c), the criteria for accepting and rejecting applications from nonresident pupils under sub. (3) (a) may include only the following:

AB100-engrossed,1466,9 1. The availability of space in the schools, programs, classes or grades within the nonresident school district, including any class size limits, pupil-teacher ratios, pupils attending the school district for whom tuition is paid under s. 121.78 (1) (a) or enrollment projections established by the nonresident school board.

AB100-engrossed,1466,13 2. Whether the pupil has been expelled from school by any school district during the current or 2 preceding school years for any of the following reasons or whether a disciplinary proceeding involving the pupil, which is based on any of the following reasons, is pending:

AB100-engrossed,1466,16 a. Conveying or causing to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives.

AB100-engrossed,1466,18 b. Engaging in conduct while at school or while under supervision of a school authority that endangered the health, safety or property of others.

AB100-engrossed,1466,22 c. Engaging in conduct while not at school or while not under the supervision of a school authority that endangered the health, safety or property of others at school or under the supervision of a school authority or of any employe of the school district or member of the school board.

AB100-engrossed,1466,24 d. Possessing a dangerous weapon, as defined in s. 939.22 (10), while at school or while under the supervision of a school authority.

AB100-engrossed,1467,6 4. Whether the special education program or related services described in the child's individualized education program under s. 115.80 (4) are available in the nonresident school district or whether there is space available in the special education program identified in the child's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board.

AB100-engrossed,1467,9 5. Whether the child has been screened by his or her resident school board under s. 115.80 (2) to determine if there is reasonable cause to believe that the child is a child with exceptional educational needs.

AB100-engrossed,1467,13 6. Whether the child has been reported to his or her resident school board under s. 115.80 (1) or identified by his or her resident school board under s. 115.80 (2) but not yet evaluated by a multidisciplinary team appointed by his or her resident school board under s. 115.80 (3).

AB100-engrossed,1467,19 (b) Rejection after initial acceptance. The criteria under par. (a) may provide that, notwithstanding the nonresident school board's acceptance of an application under sub. (3) (a) 3., at any time prior to the beginning of the school year in which the pupil will first attend school in the school district under this section, the school board may notify the pupil that he or she may not attend school in the school district if the school board determines that any of the criteria under par. (a) 2. are met.

AB100-engrossed,1467,22 (c) Required preference. A nonresident school board shall give preference in accepting applications under sub. (3) (a) to pupils and to siblings of pupils who are already attending public school in the nonresident school district.

AB100-engrossed,1468,8 (6) Resident school district transfer limitations. A school board may limit the number of its resident pupils attending public school in other school districts under this section in the 1998-99 school year to 3% of its membership. In each of the 7 succeeding school years, a school board may limit the number of its resident pupils attending public school in other school districts to an additional 1% of its membership. If more than the maximum allowable number of resident pupils apply to attend public school in other school districts in any school year under this section, the school board shall determine which pupils will be allowed to attend public school in other school districts on a random basis, except that the school board shall give preference to pupils who are already attending public school in the school district to which they are applying under this section and to siblings of such pupils.

AB100-engrossed,1468,15 (7) Racial balance. (a) The school board of a school district that is eligible for aid under subch. VI of ch. 121 shall reject any application for transfer into or out of the school district made under this section if the transfer would increase racial imbalance in the school district. A pupil who transfers out of a school district under subch. VI of ch. 121 shall not be counted in that school district's membership, as defined in s. 121.004 (5), for the purpose of determining the school district's racial balance under this paragraph.

AB100-engrossed,1468,19 (b) The school board of a school district that receives applications for transfer into the school district under subch. VI of ch. 121 and this section may not accept applications made under this section until it has accepted or rejected all applications made under subch. VI of ch. 121.

AB100-engrossed,1469,2 (8) Disciplinary records. Notwithstanding s. 118.125, the resident school board shall provide to the nonresident school board to which a pupil has applied under this section, upon request by that school board, a copy of any expulsion findings and orders pertaining to the pupil, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.

AB100-engrossed,1469,8 (9) Appeal of rejection. If the nonresident school board rejects an application under sub. (3) (a) or (7) or the resident school board prohibits a pupil from attending public school in a nonresident school district under sub. (6), (7) or (12) (b) 1., the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable.

AB100-engrossed,1469,13 (10) Pupil assignment. A nonresident school board may assign pupils accepted to attend public school in the school district under this section to a school or program within the school district. The school board may give preference in attendance at a school, program, class or grade to residents of the school district who live outside the school's attendance area.

AB100-engrossed,1470,2 (12) Special education program or related services. (a) Unavailable after enrollment. If the individualized education program for a pupil, developed or revised under s. 115.80 (4) after a child begins attending public school in a nonresident school district under this section, requires a special education program or related service that is not available in the nonresident school district or if there is no space available in the special education program identified in the child's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board, the nonresident school board may notify the child's parent and the child's resident school board that the program or service is not available in the nonresident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under ss. 115.80 (4m) and 115.85 (2).

AB100-engrossed,1470,15 (b) Undue financial burden. 1. If the costs of the special education program or services required in the individualized education program under s. 115.80 (4) for a child with exceptional educational needs whose parent has submitted an application under sub. (3) (a), as proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil special education program or services costs for children with exceptional educational needs continuing to be served by the resident school district, the child's resident school board may notify the child's parent and the nonresident school board by the first Friday following the first Monday in April that the pupil may not attend the nonresident school district to which the child has applied.

AB100-engrossed,1471,8 2. If the costs of the special education program or services required in an individualized education program for a pupil, developed or revised under s. 115.80 (4) after a child begins attending public school in a nonresident school district under this section, as implemented or proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil special education program or services costs for children with exceptional educational needs continuing to be served by the resident school district, the child's resident school board may notify the pupil's parent and the nonresident school board that the program or services impose such an undue financial burden on the resident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under ss. 115.80 (4m) and 115.85 (2). The pupil's parent may appeal a required transfer under this subdivision to the department within 30 days after receipt of the notice. The department shall affirm the resident school board's determination unless the department finds that the determination was arbitrary or unreasonable.

AB100-engrossed,1471,12 (13) Rights and privileges of nonresident pupils. A pupil attending a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.