AB100: Bill Text

AB100,1195,11 118.50 (2) In this section, "institution "Institution of higher education" means a center or institution within the university of Wisconsin system, a technical college or a private, nonprofit institution of higher education located in this state.

AB100, s. 2819 Section 2819. 118.37 (2) and (3) of the statutes are renumbered 118.55 (2) and (3), and 118.55 (2) (a) and (3), as renumbered, are amended to read:

AB100,1195,24 118.55 (2) (a) Beginning in the 1992-93 school year, any public school pupil enrolled in the 11th or 12th grade who is not attending a technical college under sub. (7r) or s. 118.15 (1) (b) may enroll in an institution of higher education for the purpose of taking one or more nonsectarian courses at the institution of higher education, subject to par. (b). The pupil shall submit an application to the institution of higher education in the previous school semester. The pupil shall indicate on the application whether he or she will be taking the course or courses for high school credit or postsecondary credit. The pupil shall also specify on the application that if he or she is admitted the institution of higher education may disclose the pupil's grades, the courses that he or she is taking and his or her attendance record to the public school in which the pupil is enrolled.

AB100,1196,9 (3) Notification of school board; determination of high school credit. (a) A pupil who intends to enroll in an institution of higher education under this section shall notify the school board of the school district in which he or she is enrolled of that intention no later than March 1 if the pupil intends to enroll in the fall semester, and no later than October 1 if the pupil intends to enroll in the spring at least 90 days before the start of the technical college semester. The notice shall include the titles of the courses in which the pupil intends to enroll and the number of credits of each course, and shall specify whether the pupil will be taking the courses for high school or postsecondary credit.

AB100,1196,25 (b) If the pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 and the number of high school credits to award the pupil for the course, if any. The department In cooperation with institutions of higher education, the state superintendent shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the end beginning of the semester in which it received the notice under par. (a) the pupil will be enrolled. If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the department state superintendent within 30 days after the decision. The department's state superintendent's decision shall be final and is not subject to review under subch. III of ch. 227.

AB100, s. 2820 Section 2820. 118.37 (3m) of the statutes is repealed.

AB100, s. 2821 Section 2821. 118.37 (4) of the statutes is renumbered 118.55 (4), and 118.55 (4) (a), as renumbered, is amended to read:

AB100,1197,6 118.55 (4) (a) An institution of higher education may admit a pupil under this section only if it has space available. A pupil may attend a technical college under this section only if he or she is a resident of this state.

AB100, s. 2822 Section 2822. 118.37 (5) (intro.), (a) and (c) of the statutes are renumbered 118.55 (5) (intro.), (a) and (c), and 118.55 (5) (intro.), as renumbered, is amended to read:

AB100,1197,15 118.55 (5) Payment. (intro.) Within 30 days after the end of the semester, the school board of the school district in which a pupil attending an institution of higher education under this section is enrolled shall pay the institution of higher education, on behalf of the pupil, the following amount for any course that is taken for high school credit and that is not comparable to a course offered in the school district at the institution:

AB100, s. 2823 Section 2823. 118.37 (5) (b) of the statutes is repealed.

AB100, s. 2824 Section 2824. 118.37 (6) of the statutes is repealed.

AB100, s. 2825 Section 2825. 118.37 (7g) of the statutes is renumbered 118.55 (7g) and amended to read:

AB100,1198,5 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education 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 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 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 shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The department 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, s. 2826 Section 2826. 118.37 (8) of the statutes is renumbered 118.55 (8).

AB100, s. 2827 Section 2827. 118.37 (9) of the statutes is repealed.

AB100, s. 2828 Section 2828. 118.38 (2m) of the statutes is repealed.

AB100, s. 2829 Section 2829. 118.38 (3) of the statutes is amended to read:

AB100,1198,15 118.38 (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, s. 2830 Section 2830. 118.40 (1) of the statutes is amended to read:

AB100,1198,21 118.40 (1) Notice to department. Whenever a school board intends to establish a charter school, it shall notify the department of its intention. The Whenever one of the entities under sub. (2r) (b) intends to establish a charter school, it shall notify the department 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, s. 2831 Section 2831. 118.40 (1m) (a) of the statutes is amended to read:

AB100,1199,2 118.40 (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, s. 2832 Section 2832. 118.40 (1m) (b) 7. of the statutes is amended to read:

AB100,1199,6 118.40 (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, s. 2833 Section 2833. 118.40 (2) (a) of the statutes is amended to read:

AB100,1199,12 118.40 (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, s. 2834 Section 2834. 118.40 (2) (c) of the statutes is amended to read:

AB100,1199,20 118.40 (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.

AB100, s. 2835 Section 2835. 118.40 (2r) of the statutes is created to read:

AB100,1199,22 118.40 (2r) Other initiatives. (a) In this subsection:

AB100,1199,23 1. "Membership" has the meaning given in s. 121.004 (5).

AB100,1199,25 2. "Shared cost per member" means the shared cost under s. 121.07 (6) (a) divided by the school district's membership.

AB100,1200,12 (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 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.

AB100,1200,16 (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. Only pupils residing within the school district operating under ch. 119 may attend a charter school established under this subsection.

AB100,1200,18 (d) The chartering or contracting entity under par. (b) shall do all of the following:

AB100,1200,20 1. Ensure that all instructional staff of charter schools under this subsection hold a license or permit to teach issued by the department.

AB100,1200,22 2. Administer the examinations under s. 118.30 (1m) to pupils enrolled in charter schools under this subsection.

AB100,1201,3 (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. 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.

AB100,1201,8 (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.

AB100,1201,12 (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, s. 2836 Section 2836. 118.40 (3) (a) of the statutes is amended to read:

AB100,1201,18 118.40 (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, s. 2837 Section 2837 . 118.40 (3) (b) of the statutes is amended to read:

AB100,1201,23 118.40 (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, s. 2838 Section 2838 . 118.40 (3) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1202,4 118.40 (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, s. 2839 Section 2839. 118.40 (3) (d) of the statutes is amended to read:

AB100,1202,8 118.40 (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, s. 2840 Section 2840. 118.40 (5) (intro.) and (a) of the statutes are amended to read:

AB100,1202,13 118.40 (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:

AB100,1202,15 (a) The charter school violated its contract with the school board or the entity under sub. (2r) (b).

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

AB100,1202,21 118.40 (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, s. 2842 Section 2842. 118.40 (7) (am) of the statutes is created to read:

AB100,1203,5 118.40 (7) (am) 1. Except as provided in subd. 2., if a charter school is 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.

AB100,1203,8 2. A charter school established under sub. (2r) 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, s. 2843 Section 2843. Subchapter II of chapter 118 [precedes 118.50] of the statutes is created to read:

AB100,1203,11 Chapter 118

AB100,1203,13 Subchapter II Enrollment options programs

AB100,1203,14 118.50 Definitions. In this subchapter:

AB100,1203,15 (1) "Attendance area" has the meaning given in s. 121.845 (1).

AB100,1203,16 (3) "Membership" has the meaning given in s. 121.004 (5).

AB100,1203,17 (4) "Parent" includes a guardian.

AB100,1204,14 118.51 Interdistrict school choice. (1) Applicability; application procedures. (a) 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, outside his or her school district of residence under this section, except that a pupil may attend a prekindergarten, early childhood or school-operated day care program outside his or her school district of residence under this section only if the pupil's school district of residence 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 school district of residence. The pupil's parent shall submit an application, on a form provided by the department, to the school board of the school district that the pupil wishes to attend by February 1 of the school year immediately preceding the school year in which he or she wishes to attend, and shall send a copy of the application to the school board of the school district of residence. The application may include a request to attend a specific school or program offered by the school district. By April 1 following receipt of the application, the school board shall notify the applicant, in writing, whether the application has been accepted. If the school board rejects an application, it shall include in the notice the reason for the rejection. If the school board rejects an application under sub. (2) (a) 4., the school board shall notify the applicant and the school board of the pupil's school district of residence, in writing, of the rejection and the reason for the rejection. By May 1 following receipt of a notice of acceptance, the pupil's parent shall notify the school board of the pupil's intent to attend school in that school district in the following school year.

AB100,1204,18 (am) A school board may not act on any application received under par. (a) until after February 1. If a school board receives more applications for a particular grade or program than there are spaces available in the grade or program the school board shall determine which pupils to accept on a random basis.

AB100,1204,22 (b) Annually by May 15, each school board of a school district that has accepted nonresident pupils under this section shall notify the school board of the school district of residence of the names of the pupils from the latter school district who will be attending the former school district in the following school year.

AB100,1205,8 (c) 1. If a pupil's parent notifies the school board of a nonresident school district that the pupil intends to attend school in that school district in the following school year under par. (a), the pupil shall attend that school district in the following school year and may continue to attend that school district in succeeding school years without reapplying. If at any time the pupil wishes to reattend school in his or her school district of residence, the pupil's parent shall notify the school boards of the school districts of residence and of attendance by February 1 preceding the school year in which the pupil will begin reattending the school district of residence. If at any time the pupil wishes to attend school in a school district other than the school district that he or she is currently attending or his or her school district of residence, the pupil's parent shall follow the application procedure under par. (a).

AB100,1205,11 2. Notwithstanding subd. 1., a pupil attending school outside his or her school district of residence under this section may reattend school in his or her school district of residence at any time if the school boards of both school districts agree.

AB100,1205,15 (2) Acceptance criteria. (a) By December 1, 1997, each school board shall adopt a resolution specifying criteria for accepting and rejecting applications. If the school board wishes to revise the criteria, it shall do so by resolution. The criteria may include any of the following:

AB100,1205,24 1. The availability of space in the school, program, class or grade, including any class-size limits, pupil-teacher ratios or enrollment projections established by the school board. The criteria may specify that the school board will reject applications under this subdivision if accepting them would require the school board to hire additional personnel, construct a new school or classroom or convert or reopen a building or portion of a building not currently used for instructional purposes to accommodate the additional pupils. 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.

AB100,1206,2 2. Whether the pupil is involved in a disciplinary proceeding, as determined by the school board of the school district to which the pupil has applied.

AB100,1206,4 3. Whether during the current or 2 preceding school years, the pupil has been suspended or expelled from school for any of the following:

AB100,1206,7 a. Knowingly 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.

AB100,1206,9 b. Engaging in conduct while at school or while under the supervision of a school authority that endangered the property, health or safety of others.

AB100,1206,13 c. Engaging in conduct while not at school or while not under the supervision of a school authority that endangered the property, health or safety of others at school or under the supervision of a school authority or of any employe or school board member of the school district in which the pupil is enrolled.

AB100,1206,15 d. Possessing a firearm, as defined in 18 USC 921 (a) 3, while at school or while under the supervision of a school authority.

AB100,1206,19 (am) The criteria may not include academic achievement, athletic or other special ability, English language proficiency, the presence of a physical, mental, emotional or learning disability or anything else not specified in par. (a) 1. to 4., except as provided under par. (b).

AB100,1206,21 (b) A school board shall give preference in accepting applications to pupils and to siblings of pupils who are already attending public school in the school district.

AB100,1206,24 (c) 1. A school board may prohibit a resident pupil from attending school in another school district under this section if the school board determines that the pupil is involved in a disciplinary proceeding.

AB100,1207,3 2. A school board shall prohibit a resident pupil from attending school in another school district under this section if allowing such attendance would violate a voluntary or court-ordered plan to reduce racial imbalance in the school district.