AP8 SB2: Bill Text

SB2,13,9 119.02 Definitions. (intro.) In this chapter subchapter, unless the context clearly requires otherwise:

SB2, s. 28 Section 28. 119.06 (3) (intro.) and (a) of the statutes are repealed.

SB2, s. 29 Section 29. 119.06 (3) (b) of the statutes is renumbered 119.06 (3) and amended to read:

SB2,13,22 119.06 (3) Four of the combined aldermanic district Except as provided in sub. (4), the members first appointed to the board by the commission shall serve for a term terms beginning on the 4th Monday of the month next following their appointment and. The at-large member and the 4 members representing the even-numbered election districts shall be appointed for terms expiring on the 4th first Monday in April in December of the 4th first even-numbered year following the year in which a city becomes a 1st class city and the 4 members representing the odd-numbered election districts shall be appointed for terms expiring on the first Monday in December of the 2nd even-numbered year following the year in which a city becomes a city of the 1st class city.

SB2, s. 30 Section 30. 119.06 (4) (b) of the statutes is amended to read:

SB2,14,4 119.06 (4) (b) The board members elected at the special election shall be nominated and elected to succeed the board members appointed for the terms expiring under sub. (3) (a) and (b) (2) and for the same terms. The terms of office of the board members appointed under sub. (2) shall expire on the 4th Monday following the special election. The terms of office of the board members elected at the special election shall begin on the 4th Monday following the special election.

SB2, s. 31 Section 31. 119.06 (4) (c) and (d) of the statutes are amended to read:

SB2,14,8 119.06 (4) (c) Candidates for the board at the special election shall be nominated in the same manner as for the spring general election, except that the nomination paper format under s. 8.10 (2) (b) shall apply.

SB2,14,10 (d) The special election shall be held at the polling places and shall be conducted in the manner of and by the election officials for the spring general election.

SB2, s. 32 Section 32. 119.06 (5) and (6) of the statutes are amended to read:

SB2,14,16 119.06 (5) The board first appointed under sub. (2) or first elected at a special election under sub. (4) shall hold an organizational meeting under s. 119.10 (2) on the 4th Monday of the month following its appointment or election, or the next day if the 4th Monday is a legal holiday, following their appointment or election, and annually thereafter shall meet in accordance with s. 119.10 (2).

SB2,14,19 (6) Successors to board members appointed under sub. (3) (2) or elected under sub. (4) shall be elected at the spring general election immediately preceding the expiration of the terms of such board members and shall serve for 4-year terms.

SB2, s. 33 Section 33. 119.07 of the statutes is created to read:

SB2,15,3 119.07 Revised method of election of board; transitional provisions. (1) Notwithstanding s. 119.08 (1) (a) and (3), the terms of the members of the board of school directors of each 1st class city in existence on the effective date of this subsection .... [revisor inserts date], whose terms expire on the 4th Monday in April, 1999, are extended until the 4th Monday in November, 2000, and the terms of office of the members of the board of school directors of each such city whose terms expire on the 4th Monday in April, 2001, are extended until the 4th Monday in November, 2002.

SB2,15,11 (2) At the general election to be held in November, 2000, there shall be elected in each 1st class city in existence on the effective date of this subsection .... [revisor inserts date], 5 members of the board of school directors elected, one of whom shall be elected at large and 4 of whom shall be from even-numbered election districts prescribed under s. 119.08 (1) (b). At the general election to be held in November, 2002, there shall be elected in each such city 4 members of the board of school directors, who shall be elected from odd-numbered election districts prescribed under s. 119.08 (1) (b).

SB2,15,18 (3) Notwithstanding s. 119.10 (1) and (2), the board of school directors of each 1st class city in existence on the effective date of this subsection .... [revisor inserts date], shall hold an organizational meeting on the 4th Monday in April, 1999, and shall not hold any other organizational meeting in 1999. On the 4th Monday in April, 1999, the board of school directors of each such city shall elect officers, who shall hold office until the board holds its next organizational meeting under s. 119.10 (2) in 2000.

SB2, s. 34 Section 34. 119.07 of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

SB2, s. 35 Section 35. 119.08 (1) (a) and (b) of the statutes are amended to read:

SB2,16,2 119.08 (1) (a) The board shall consist of one member elected at-large and 8 members elected from numbered election districts determined by the board. The election districts shall consist of whole contiguous wards and shall be substantially equal in population and the. The boundaries of the election districts shall be drawn so as to reflect a balanced representation of citizens in all areas within the city.

SB2,16,9 (b) Within 60 days after the common council of the city enacts an ordinance determining or adopts a resolution adjusting the boundaries of the aldermanic districts wards in the city following the federal decennial census under s. 62.08 (1) 5.15 (1), the board shall, by vote of a majority of the membership of the board, adopt an election district apportionment plan for the election of board members which shall be effective until the city enacts a new ordinance under s. 62.08 (1) 5.15 (1) redetermining the aldermanic district ward boundaries.

SB2, s. 36 Section 36. 119.08 (2) and (3) of the statutes are amended to read:

SB2,16,21 119.08 (2) The electors of each election district shall elect one member residing within the election district to represent the election district. The at-large member shall be elected by the electors of the city. Board members shall be electors of the city and shall be elected on a nonpartisan ballot at the spring general election. Candidates shall file nomination papers for full terms or, when vacancies are to be filled, for unexpired terms. The format for the nomination papers shall be as prescribed in s. 8.10 (2) (b). The primary and spring elections election for board members shall be conducted by the election officials for the election of judicial or other officers held on that date. The polling places for the state , municipal or judicial election elections shall be the polling places for the board election and the municipal election hours shall apply.

SB2,16,24 (3) The regular terms of board members shall be 4 years. The term of each member expires on the first Monday in December of the 4th year following the year in which the member's office is regularly filled.

SB2, s. 37 Section 37. 119.08 (4) of the statutes is amended to read:

SB2,17,4 119.08 (4) A vacancy on in the membership of the board occurring on or before June 1 preceding expiration of the member's term of office shall be filled by a special election ordered by the board. At such election the vacancy shall be filled for the unexpired term. The board shall follow procedures under s. 8.50, so far as applicable.

SB2, s. 38 Section 38. 119.10 (1) of the statutes is amended to read:

SB2,17,16 119.10 (1) The board is a continuing body. Any unfinished business before the board or any of its standing or special committees on the date of the annual meeting under sub. (2) shall be considered as pending before the board newly organized on such date. At its annual meeting, after the election of the new board president and the designation of the clerk, the clerk shall report to the board items of business pending before the board as a whole. After the annual April meeting, unless otherwise directed by the board, the clerk shall report items of business which had been pending before committees of the board to the corresponding committees of the board appointed by the new president. Matters thus reported may be acted upon by the board in the same manner and with the same effect as if the board had not been newly organized.

SB2, s. 39 Section 39. 119.10 (2) of the statutes is amended to read:

SB2,17,24 119.10 (2) Annually, no earlier than the 4th first Monday in April December and no later than the first 3rd Monday in May December, the board shall hold its organizational meeting, shall elect a president from among its members to serve for one year and until a successor is chosen and shall designate an individual to serve as clerk. In the absence or during the disability of the board president, the board shall elect an acting president. The board president shall appoint standing committees to serve for one year.

SB2, s. 40 Section 40. 119.18 (23) of the statutes is repealed and recreated to read:

SB2,18,7 119.18 (23) School reorganizations. The board may reorganize any school that it determines is low in performance by adopting a resolution to that effect. If the superintendent of schools recommends to the board that a school be reorganized, he or she shall state the reasons for the recommendation in writing. If the board reorganizes a school, the superintendent of schools may reassign the school's staff members without regard to seniority in service and may reassign other employes of the board to the school without regard to seniority in service.

SB2, s. 41 Section 41. 119.235 of the statutes is repealed and recreated to read:

SB2,18,16 119.235 Contracts with private schools and agencies. (1) The board may contract with any nonsectarian private school located in the city or any nonsectarian private agency located in the city to provide educational programs to pupils enrolled in the school district operating under this chapter. The board shall ensure that each private school or agency under contract with the board complies with ss. 118.125 and 118.13, 20 USC 1232g, 20 USC 1681 to 1688, 20 USC 3171 to 3197, 29 USC 794, 42 USC 2000d and 42 USC 6101 to 6107, and all health and safety laws and rules that apply to public schools.

SB2,18,18 (2) Each private school or agency under contract with the board shall do all of the following:

SB2,18,19 (a) Offer a full school year educational program.

SB2,18,20 (b) Participate in the board's parent information program.

SB2,18,22 (c) Offer diverse opportunities for parents to participate in the school's programs.

SB2,18,23 (d) Meet insurance and financial requirements established by the board.

SB2,18,25 (e) Develop a pupil recruitment and enrollment plan that incorporates all of the following:

SB2,19,1 1. A good faith effort to achieve racial balance.

SB2,19,3 2. A pupil selection process that gives preference to the siblings of enrolled pupils and that gives no other preferences except those approved by the board.

SB2,19,5 3. A statement describing how the plan will serve the needs of low-academic achievers and pupils from low-income families.

SB2,19,6 (f) Report to the board any information requested by the board.

SB2,19,9 (3) Any pupil enrolled in the school district operating under this chapter may attend, at no charge, any private school or agency with which the board has contracted under sub. (1) if space is available in the private school or agency.

SB2,19,13 (4) The board shall establish appropriate, quantifiable performance standards for pupils at each private school or agency with which it contracts in such areas as attendance, reading achievement, pupil retention, pupil promotion, parent surveys, credits earned and grade point average.

SB2,19,17 (5) Annually, the board shall monitor the performance of the program under this section. The board may use the results of standardized basic educational skills tests to do so. The board shall include a summary of its findings in its annual report to the state superintendent under s. 119.44.

SB2, s. 42 Section 42. 119.32 (8) of the statutes is created to read:

SB2,19,21 119.32 (8) This section does not apply to the Milwaukee Public Schools beginning on the date that the board of school directors of the Milwaukee Public Schools is abolished under s. 119.92 (2).

SB2, s. 43 Section 43. 119.55 (3) of the statutes is created to read:

SB2,20,3 119.55 (3) The board shall contract with the Boys and Girls Clubs of Greater Milwaukee to provide case managers at selected middle schools and high schools to work with school staff and pupils and their families to improve the attendance rate of pupils enrolled in the selected schools. The board shall use the funds appropriated under s. 20.255 (2) (ed) to pay the costs of the contracts. No contract under this subsection may extend beyond June 30, 2000.

SB2, s. 44 Section 44. 119.76 of the statutes is created to read:

SB2,20,7 119.76 After-school programs. From the appropriation under s. 20.255 (2) (ec), the state superintendent shall pay to the board the amounts specified in the spending plan under s. 119.80 for the following programs in each school year:

SB2,20,8 (1) After-school educational programs.

SB2,20,9 (2) After-school recreational programs.

SB2,20,10 (3) After-school health programs.

SB2, s. 45 Section 45. Subchapter II of chapter 119 [precedes 119.90] of the statutes is created to read:

SB2,20,13 Chapter 119

SB2,20,16 SUBCHAPTER II Milwaukee public schools governing commission

SB2,20,17 119.90 Definitions. In this subchapter:

SB2,20,18 (1) "Commission" means the Milwaukee Public Schools governing commission.

SB2,20,19 (2) "Executive director" means the executive director of the system.

SB2,20,20 (3) "System" means the Milwaukee Public Schools.

SB2,20,25 119.91 Educational achievement criteria. (1) By December 15, 2000, the department, the department of administration and the legislative fiscal bureau shall jointly determine and certify to the governor and the joint committee on finance whether, in the preceding school year, all of the following were true, as calculated and defined by the department of public instruction:

SB2,21,1 (a) The system's graduation rate was at least 90%.

SB2,21,2 (b) The system's attendance rate was at least 91%.

SB2,21,3 (c) The system's dropout rate was no greater than 9%.

SB2,21,8 (d) The percentage of pupils enrolled in the 3rd grade in the system whose score on the reading test under s. 121.02 (1) (r) in the preceding school year was at least at the basic level was equal to at least 90% of the percentage of all pupils enrolled in 3rd grade in the state whose score on the test in the preceding school year was at least at the basic level.

SB2,21,12 (2) If the department, the department of administration and the legislative fiscal bureau certify that the system meets all of the criteria under sub. (1), then the certification procedure shall be repeated biennially by December 15, unless the system does not meet the educational criteria under sub. (1).

SB2,21,14 (3) The department shall calculate the percentages under sub. (1) and (2) without the benefit of rounding.

SB2,22,3 119.92 Commission; creation, duties. (1) If the department, the department of administration and the legislative fiscal bureau certify that the system does not meet all of the criteria under s. 119.91, on March 1 of the year following the certification, the commission is established. The commission shall consist of 3 members, all of whom shall reside in the city of Milwaukee. One member shall be appointed by the governor, one member shall be appointed by the state superintendent and one member shall be appointed by the mayor of the city of Milwaukee. The governor's appointee shall serve as the chairperson of the commission. Unless the context clearly dictates otherwise, any law that applies to the members of the board of school directors of a 1st class city school district applies to the commissioners of the commission, and any law that applies to the president of the board of school directors of a 1st class city school district applies to the chairperson of the commission. Members of the commission shall serve at the pleasure of the appointing authority.

SB2,22,9 (2) (a) If the commission is established under sub. (1), on July 1 of the year in which the commission is established, the board of school directors of the system, the position of superintendent of schools for the system and the positions under s. 119.32 (3) are abolished, and the commission assumes management and control of the system. Unless the context clearly dictates otherwise, any law that applies to the board of school directors of a 1st class city school district applies to the commission.

SB2,22,10 (b) The commission shall do all of the following:

SB2,22,11 1. Increase the quality of education in the system.

SB2,22,12 2. Ensure continuing academic improvement of pupils.

SB2,22,14 3. Reduce noninstructional expenditures in the system and use, to the extent practicable, the moneys saved for instructional purposes.

SB2,22,15 4. Develop school-based budgeting.

SB2,22,17 5. Approve, reject or modify educational reform plans as provided under s. 119.94 (2) (b).

SB2,22,18 6. Appoint an executive director.

SB2,22,23 7. On July 1 of the year in which the commission is established, establish a body to govern each school in the system beginning in the following school year and determine the governing body's powers, composition and size, the process of selecting the members of the governing body and the terms of its members. The commission may establish different kinds of governing bodies for different schools in the system.

SB2,23,3 (3) In any action or proceeding in which the commission is a defendant, service of any summons, writ, pleading or other papers served in commencing the action or proceeding upon the chairperson of the commission and the executive director constitutes service upon the entire commission. It is sufficient to serve on one commissioner any notice required by law to be served upon the commission.

SB2,23,9 119.93 Executive director. (1) The executive director appointed under s. 119.92 (2) (b) 6. shall be a person of suitable learning and experience in the art of instruction and shall have practical familiarity with the most approved methods of organizing and conducting a system of schools. Unless the context clearly dictates otherwise, any law that applies to the superintendent of schools of a 1st class city school district, except s. 119.32, applies to the executive director.

SB2,23,11 (2) Under the direction of the commission, the executive director shall have general supervision of all of the following:

SB2,23,12 (a) The public schools and the manner of conducting and grading such schools.

SB2,23,14 (b) The supervisory and administrative employes appointed under sub. (3), principals, vice principals and teachers of the system.

SB2,23,16 (3) Subject to the commission's approval, the executive director shall appoint supervisory and administrative employes as determined by the commission.

SB2,23,19 (4) The executive director shall be an advisory member of every committee of the commission, except when an inquiry into his or her acts or an investigation of his or her official conduct is under consideration by the committee.

SB2,23,21 (5) The executive director shall assign all teachers and engage and assign substitute teachers at the per diem compensation fixed by the commission.

SB2,23,24 (6) The executive director shall collect such statistics and information relating to schools and the population entitled to school privileges in the city of Milwaukee as the commission directs.

SB2,24,3 (7) Notwithstanding ss. 115.28 (7), 118.19 (1) and 121.02 (1) (a), the commission may appoint an executive director and may employ a business manager who are not licensed by the department.