AP8 SB2: Bill Text

LRB-5035/5

ML/PG/JK/RC:all:ijs

April 1998 Special Session

1997 - 1998 LEGISLATURE

Senate BILL 2

April 21, 1998 - Introduced by Committee on Senate Organization, by request of Governor Tommy G. Thompson. Referred to Committee on Education and Financial Institutions.

SB2,2,14 An Act to repeal 5.58 (1g) (b), 119.06 (3) (intro.) and (a) and 119.07; to renumber 5.60 (4) (b); to renumber and amend 119.06 (3) (b); to amend 5.58 (1g) (c), 5.58 (2) (a), 5.58 (3), 8.10 (3) (i), 8.15 (5) (a), 17.26 (2), 20.255 (2) (ac), 20.255 (2) (ec), 20.255 (2) (ed), 118.40 (1m) (a), 118.40 (5) (b), chapter 119 (title), 119.01, 119.02 (intro.), 119.06 (4) (b), 119.06 (4) (c) and (d), 119.06 (5) and (6), 119.08 (1) (a) and (b), 119.08 (2) and (3), 119.08 (4), 119.10 (1), 119.10 (2), 121.02 (3), 121.15 (3m) (b) and 121.15 (3m) (c); to repeal and recreate 111.70 (4) (m) (intro.), 1., 2. and 4., 118.40 (3) (c), 119.18 (23) and 119.235; and to create 5.62 (4m), 5.64 (4) (title), 8.15 (6) (f), 17.01 (8m), 17.125, 17.27 (3m), 111.70 (4) (cm) 2m., 118.01 (2) (e), subchapter I (title) of chapter 119 [precedes 119.01], 119.07, 119.32 (8), 119.55 (3), 119.76, subchapter II of chapter 119 [precedes 119.90] and 121.85 (6) (h) of the statutes; relating to: the composition and method of election of members of the board of school directors in 1st class city school systems; contract negotiation meetings between a board of school directors for a 1st class city school system and any labor organization recognized or certified to represent school district professional employes under the municipal employment relations act; reorganizing schools in a 1st class city school system and prohibiting collective bargaining with respect to reassignment of employes of a 1st class city school system; conversion of private schools to charter schools; educational service contracts between the board of school directors for a 1st class city school system and private schools and agencies; requiring the Milwaukee Public Schools to meet certain educational criteria, abolishing the board of school directors of the Milwaukee Public Schools and creating the Milwaukee Public Schools governing commission; the use of intradistrict transfer aid to build or lease public schools; contracts with the Boys and Girls Clubs of Greater Milwaukee to improve attendance at selected schools; the amount appropriated as general school aid; aid to the Milwaukee Public Schools for after-school programs; and making an appropriation.

Analysis by the Legislative Reference Bureau

Milwaukee Public Schools governing commission

This bill requires the department of public instruction, the department of administration and the legislative fiscal bureau to certify to the governor and the joint committee on finance (JCF) whether the Milwaukee Public Schools (MPS) has met the following 4 educational criteria for the 1999-2000 school year: 1) a graduation rate of at least 90%; 2) an attendance rate of at least 91%; 3) a dropout rate no higher than 9%; and 4) a basic reading level comprehension rate for the 3rd grade reading test that is equal to at least 90% of the statewide average rate. The bill also requires this certification to be repeated biennially unless MPS fails to meet the educational criteria.

If MPS does not meet these educational criteria, the bill provides for the creation of the Milwaukee Public Schools governing commission (commission) on March 1 of the year following certification. The bill requires one commissioner to be appointed by the governor, another by the state superintendent of public instruction and the 3rd by the mayor of the city of Milwaukee. The commissioners must reside in the city of Milwaukee. On July 1, the board of school directors of MPS (MPS board), the position of superintendent of schools for MPS and the positions filled by appointees of the superintendent of schools for MPS are abolished, and the commission assumes management and control of MPS. The commission has all of the powers and duties of the MPS board before its abolition. In addition, the bill requires the commission to increase the quality of education in MPS, ensure continuing academic improvement of pupils, reduce noninstructional expenditures, develop school-based budgeting, determine a governing body for each MPS school and appoint an executive director to perform the duties of the superintendent of schools.

The bill also requires each MPS school governing body to submit by February 1 of the year following the establishment of the commission and annually thereafter, an educational reform plan that includes an annual budget and operational plan, the educational goals and expectations of the school, the educational program of the school, the methods that the school will use to meet and measure its educational goals and expectations and a professional development plan. The commission must review the plans and either approve or reject them within 60 days of their submission. If the commission rejects a plan, the school governing body must submit a revised plan by May 1. The commission must either approve the plan or modify the plan by June 1.

Current law requires each school board to ensure that its pupils meet specific goals and expectations concerning academic skills and knowledge, vocational skills, citizenship and personal development. This bill exempts the commission from this requirement.

Under current law, a charter school is exempt from most laws governing public schools. A charter school may generally be established by filing a petition with a school board requesting the school board to enter into a contract with an individual or group to establish a charter school or by a school board's initiating such a contract. If a charter school is initiated by petition, the petition must be signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school of the school district. This bill eliminates the signature requirement for charter schools located in MPS if the commission assumes control of MPS.

Election of school board members in 1st class cities

Currently, the board of school directors for 1st class cities (of which Milwaukee is the only one) consists of 8 members elected on a nonpartisan ballot at the spring election from election districts that must be approximately equal in population, and one member elected from the city at large. Board members serve for 4-year terms. The terms of office of 5 members of the board expire on the 4th Monday in April, 1999, and the terms of office of 4 members of the board expire on the 4th Monday in April, 2001.

This bill provides instead for the board of school directors to be elected on a nonpartisan ballot at the general (November) election.

To effect the change, the bill provides for the terms of the 5 members whose terms expire in April 1999, to be extended until November 2000, and the terms of the 4 members whose terms expire in April 2001, to be extended until November 2002. The bill provides for 5 new members to be elected for 4-year terms at the general election in November 2000, and 4 new members to be elected for 4-year terms at the general election in November 2002.

Currently, the board of school directors elects officers at its annual organizational meeting, which is held between the 4th Monday in April and the first Monday in May. This bill provides for the organizational meeting to be held between the first Monday in December and the 3rd Monday in December, and provides for the officers elected at an organizational meeting to be held in the spring of 1999 to serve until an organizational meeting is held in the fall of 2000.

Collective bargaining

Under current law, the only contract negotiation meetings between parties to a collective bargaining agreement or a proposed collective bargaining agreement in local government employment, other than law enforcement or fire fighting employment, which must be open to the public are those held for the purpose of presenting initial collective bargaining proposals. All other contract negotiation meetings are not required to be open to the public. This bill provides that, with respect to meetings between a board of school directors for a 1st class city school system and any labor organization recognized or certified to represent school district professional employes, the contract negotiation meetings conducted after the presentation of initial collective bargaining proposals, but before the commencement of mediation by the Wisconsin employment relations commission or its designee, may be open to the public at the request of either party or the parties jointly.

Other provisions

Current law authorizes the board of school directors for a 1st class city to contract with any nonsectarian private school located in the city to provide educational programs for pupils enrolled in the school district. Current law also prohibits a school board other than the board of school directors for a 1st class city from entering into a contract for the conversion of a private school to a charter school.

Current law authorizes the board of school directors for a 1st class city to close any school that it determines is low in performance (school closing statute). If the board of school directors closes a school or reopens a school that has been closed, the superintendent of schools may reassign the school's staff without regard to seniority in service. In addition, the board of school directors is prohibited from bargaining collectively with respect to: 1) the reassignment of employes who perform services for the board, with or without regard to seniority, as the result of a decision of the board to contract with an individual or group to operate a charter school or to convert a school to a charter school, or the impact of any such decision on the wages, hours or conditions of employment of the employes who perform those services; 2) any decision of the board to contract with a private nonsectarian school or private nonsectarian agency in the city to provide educational programs to pupils, or the impact of any such decision on the wages, hours or conditions of employment of the employes who perform those services; or 3) the reassignment of employes who perform services for the board, with or without regard to seniority, as the result of a decision of the board to close or reopen a school, or the impact of any such reassignment on the wages, hours or conditions of employment of the employes who perform those services.

On June 2, 1997, the Milwaukee County Circuit Court in Milwaukee Teachers' Education Association v. Milwaukee Board of School Directors (consolidated cases Nos. 95 CV 011243 and 96 CV 005849) issued a decision holding that the school closing statute, the collective bargaining statute, the statute authorizing the board of school directors to contract for educational programs and the statute concerning the conversion of a private school to a charter school were private or local laws whose enactment as part of 1995 Wisconsin Act 27 (the 1995-97 biennial budget act) violated article IV, section 18, of the Wisconsin Constitution, which provides that no private or local bill that is passed by the legislature may embrace more than one subject.

This bill repeals and recreates, without change, the collective bargaining statute, the statute authorizing the board of school directors to contract for educational programs and the statute concerning the conversion of a private school to a charter school. The bill also repeals and recreates the school closing statute. As recreated by the bill, the statute allows the board of school directors to reorganize any school that it determines is low in performance. If the board of school directors reorganizes a school, the superintendent of schools may reassign the school's staff without regard to seniority in service and may reassign other employes of the board to the school without regard to seniority in service.

Under current law, a school district that participates in the intradistrict special transfer program, which allows pupils to attend public school outside their attendance area in order to reduce racial imbalance in the school district, receives additional state aid.

This bill provides that, beginning in the 1998-99 school year, MPS must use at least 10% of the intradistrict aid that it receives in each school year to build or lease neighborhood schools.

This bill directs the MPS board of school directors to contract with the Boys and Girls Clubs of Greater Milwaukee to provide case managers at selected middle and high schools to work with school staff, pupils and their families to improve the attendance rate of pupils enrolled at the selected schools. The contract may not extend beyond June 30, 2000.

Under current law, beginning in the 1998-99 fiscal year JCF determines the amount appropriated as general school aid. This bill specifies the amount appropriated as general school aid in the 1998-99 fiscal year and directs JCF to determine the amount in each fiscal year thereafter.

This bill also provides aid to MPS for after-school educational, recreational and health programs.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB2, s. 1 Section 1. 5.58 (1g) (b) of the statutes is repealed.

SB2, s. 2 Section 2. 5.58 (1g) (c) of the statutes is amended to read:

SB2,6,8 5.58 (1g) (c) The arrangement of candidates for school board seats shall be determined by the school district clerk or the executive director of the city board of election commissioners by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. The method of determining arrangement shall be the same as provided in s. 5.60 (1) (b). Sufficient space shall be provided on the ballot for write-in candidates.

SB2, s. 3 Section 3. 5.58 (2) (a) of the statutes is amended to read:

SB2,6,20 5.58 (2) (a) There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17 and county supervisor. In counties having a population of 500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge and circuit court judge shall be determined by the board in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b). The ballot shall be titled "Official Ballot for State Superintendent of Public Instruction, Judicial, County Executive and County Supervisor Primary".

SB2, s. 4 Section 4. 5.58 (3) of the statutes is amended to read:

SB2,7,12 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent, for any judicial office, for any elected seat on a metropolitan sewerage commission or town sanitary district commission, in counties having a population of 500,000 or more only 2 candidates for member of the board of supervisors within each district, in counties having a population of less than 500,000 only 2 candidates for each member of the county board of supervisors from each district or numbered seat or only 4 candidates for each 2 members of the county board of supervisors from each district whenever 2 supervisors are elected to unnumbered seats from the same district, in 1st class cities only 2 candidates for any at-large seat and only 2 candidates from any election district to be elected to the board of school directors, in school districts electing school board members to numbered seats, or pursuant to an apportionment plan or district representation plan, only 2 school board candidates for each numbered seat or within each district, and twice as many candidates as are to be elected members of other school boards or other elective officers receiving the highest number of votes at the primary shall be nominees for the office at the spring election. Only their names shall appear on the official spring ballot.

SB2, s. 5 Section 5. 5.60 (4) (b) of the statutes is renumbered 5.64 (4).

SB2, s. 6 Section 6. 5.62 (4m) of the statutes is created to read:

SB2,7,17 5.62 (4m) (a) In 1st class cities, there shall be a separate ballot for school district officers when so required, giving the names of the candidates for any seat to be filled on the board of school directors at large and from any election district.

SB2,7,22 (b) The arrangement of the names of the candidates for seats on the board of school directors shall be determined by the executive director of the city board of election commissioners by the drawing of lots not later than the 3rd Tuesday in July. The method of determining arrangement shall be the same as provided in s. 5.60 (1) (b). Sufficient space shall be provided on the ballot for write-in candidates.

SB2,8,2 (c) Only the 2 candidates for election to the board of school directors receiving the highest numbers of votes at large and within each election district at the primary shall be nominees for the board of school directors at the general election. Only their names shall appear on the official general election ballot.

SB2, s. 7 Section 7. 5.64 (4) (title) of the statutes is created to read:

SB2,8,4 5.64 (4) (title) First class city school board.

SB2, s. 8 Section 8. 8.10 (3) (i) of the statutes is amended to read:

SB2,8,10 8.10 (3) (i) For city offices in 1st class cities, not less than 1,500 nor more than 3,000 electors for city-wide offices, not less than 200 nor more than 400 electors for alderpersons elected from aldermanic districts and not less than 400 nor more than 800 electors for members of the board of school directors elected from election districts.

SB2, s. 9 Section 9. 8.15 (5) (a) of the statutes is amended to read: