AB100: Bill Text

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AB100, s. 2827 Section 2827. 118.37 (9) of the statutes is repealed.

AB100, s. 2828 Section 2828. 118.38 (2m) of the statutes is repealed.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

AB100,1207,16 3. In the 1998-99 school year, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts under this section to 3% of its membership. In each of the 7 succeeding school years, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts 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 of the school district of residence 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 and to siblings of such pupils. The school board shall notify the applicants of its determination by April 1.

AB100,1207,20 (3) Appeal of rejection. If an application is rejected under sub. (1) (a) or a pupil is prohibited from attending school in another school district under sub. (2) (c), the pupil's parent may appeal the decision to the department within 30 days after the decision.

AB100,1207,24 (4) Rights and privileges of nonresident pupils. A pupil attending a public school outside his or her school district of residence under this section has all of the rights and privileges of resident pupils and is subject to the same rules and regulations as resident pupils.

AB100,1208,3 (6) Transportation. The parent of a pupil attending a public school outside the pupil's school district of residence under this section is responsible for transporting the pupil to and from school.

AB100,1208,9 (7) Tuition. (a) Except as provided under par. (b) and s. 118.54 (2), the school board of the school district of residence shall pay to the school board of the school district of attendance, for each pupil attending a public school outside his or her school district of residence under this section, tuition calculated under s. 121.83 for either the school district of residence or the school district of attendance, whichever is lower, or an amount agreed to by the school boards of the 2 school districts.

AB100,1208,16 (b) Except as provided under s. 118.54 (2), the school board of the school district of residence shall pay to the school board of the school district of attendance, for each child enrolled in a program for children with exceptional educational needs, as defined in s. 115.76 (3), who is attending a public school outside his or her school district of residence under this section, tuition calculated under s. 121.83 for the school district of attendance for children enrolled in such programs, or an amount agreed to by the school boards of the 2 school districts.

AB100,1209,2 (c) The amount to be paid under pars. (a) and (b) and a payment schedule shall be specified in a written agreement. If the school boards cannot agree on the costs or other factors used to determine the amount of tuition under s. 121.83 and do not agree to an alternative amount, the department shall calculate the tuition under s. 121.83 as provided in par. (a) or (b), whichever is appropriate. If the school boards cannot agree on a payment schedule, payment shall be made in 4 instalments. The first 3 instalments shall be based on estimated costs and paid on the last day of September, December and March in the school year in which the costs are incurred. The 4th instalment, adjusted for actual costs, shall be paid when the actual costs are known.

AB100,1209,4 (8) Information. Each school board shall provide information about its schools and programs in the format and manner prescribed by the department.

AB100,1209,9 118.52 Interdistrict enrollment options. (1) Applicability. Beginning in the 1998-99 school year, a pupil enrolled in a public school in the high school grades may attend a public school outside his or her school district of residence under this section for the purpose of taking 1 or 2 courses offered by the other school district, if all of the following apply:

AB100,1209,11 (a) The school board of the other school district determines that there is space available in the course or courses.

AB100,1209,14 (b) The school board of the school district of residence determines that the course or courses satisfy high school graduation requirements under s. 118.33 in that school district.

AB100,1209,16 (c) The pupil meets all of the prerequisites for the course or courses that apply to pupils who reside in the other school district.

AB100,1210,4 (2) Application procedures. (a) The pupil's parent shall submit an application, on a form provided by the department, to the school board of the school district in which the pupil wishes to attend courses by February 1 of the school year immediately preceding the school year in which he or she wishes to attend the courses, and shall send a copy of the application to the school board of the school district of residence. The application shall specify the course or courses that the pupil wishes to attend. By April 1 following receipt of the application, the school board shall notify the applicant, in writing, whether the application has been accepted. The acceptance applies only for the following school year. If the school board rejects an application, it shall include in the notice 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 a course or courses in that school district in the following school year.

AB100,1210,8 (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 course than there are spaces available in the course, the school board shall determine which pupils to accept on a random basis.

AB100,1210,12 (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 courses in the former school district in the following school year.

AB100,1210,17 (c) If a pupil's parent notifies the school board of a nonresident school district that the pupil intends to attend courses in that school district in the following school year under par. (a), the pupil shall attend those courses in that school district in the following school year, except that he or she may cease attending the courses at any time during that school year if the school boards of both school districts agree.

AB100,1210,21 (3) 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:

AB100,1211,3 1. The availability of space in the course. 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 in a course to residents of the school district who live outside the school's attendance area.

AB100,1211,5 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.

AB100,1211,7 3. Whether during the current or 2 preceding school years, the pupil has been suspended or expelled from school for any of the following:

AB100,1211,10 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.

AB100,1211,12 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.