118.35(3)
(3) Each school board shall ensure that all gifted and talented pupils enrolled in the school district have access to a program for gifted and talented pupils.
118.38
118.38
Waivers of laws and rules. 118.38(1)(a)(a) A school board may request the department to waive any school board or school district requirement in
chs. 115 to
121 or in the administrative rules promulgated by the department under the authority of those chapters, except for statutes or rules related to any of the following:
118.38(1)(a)7.
7. Licensure or certification under
s. 115.28 (7) or
(7m) other than the licensure of the school district administrator or business manager.
118.38(1)(b)
(b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.
118.38(1m)
(1m) The school board shall specify in its request for a waiver its reason for requesting the waiver.
118.38(2)
(2) In determining whether to grant the waiver, the department shall consider all of the following factors and may consider additional factors:
118.38(2)(a)
(a) Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of
P.L. 103-227.
118.38(2)(b)
(b) If the school board has adopted educational goals for the school district, whether the requirement impedes progress toward achieving the goals.
118.38(3)
(3) A waiver is effective for 4 years. The 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 department is not required to renew a waiver if the department determines that the school district is not making adequate progress toward improving pupil academic performance.
118.38(4)
(4) By July 1, 2000, the department shall submit a report to the governor, and to the appropriate standing committees of the legislature under
s. 13.172 (3). The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request and the educational and financial effects on the school district of each waiver that was granted.
118.38 History
History: 1995 a. 27;
1997 a. 27.
118.40
118.40
Charter schools. 118.40(1)(1)
Notice to state superintendent. Whenever a school board intends to establish a charter school, it shall notify the state superintendent of its intention. Whenever one of the entities under
sub. (2r) (b) intends to establish a charter school, it shall notify the state superintendent of its intention by February 1 of the previous school year. A notice under this subsection shall include a description of the proposed school.
118.40(1m)(a)(a) A written petition requesting the school board to establish a charter school under this section may be filed with the school district clerk. 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.
118.40(1m)(b)
(b) The petition shall include all of the following:
118.40(1m)(b)1.
1. The name of the person who is seeking to establish the charter school.
118.40(1m)(b)2.
2. The name of the person who will be in charge of the charter school and the manner in which administrative services will be provided.
118.40(1m)(b)4.
4. The methods the school will use to enable pupils to attain the educational goals under
s. 118.01.
118.40(1m)(b)5.
5. The method by which pupil progress in attaining the educational goals under
s. 118.01 will be measured.
118.40(1m)(b)6.
6. The governance structure of the school, including the method to be followed by the school to ensure parental involvement.
118.40(1m)(b)8.
8. The procedures that the school will follow to ensure the health and safety of the pupils.
118.40(1m)(b)9.
9. The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the school district population.
118.40(1m)(b)11.
11. The manner in which annual audits of the financial and programmatic operations of the school will be performed.
118.40(1m)(b)13.
13. The public school alternatives for pupils who reside in the school district and do not wish to attend or are not admitted to the charter school.
118.40(1m)(b)14.
14. A description of the school facilities and the types and limits of the liability insurance that the school will carry.
118.40(1m)(b)15.
15. The effect of the establishment of the charter school on the liability of the school district.
118.40(2)
(2) Public hearing; granting of petition. 118.40(2)(a)(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 and the fiscal impact of the establishment of the charter school on the school district. After the hearing, the school board may grant the petition.
118.40(2)(b)
(b) A school board may grant a petition that would result in the conversion of all of the public schools in the school district to charter schools if all of the following apply:
118.40(2)(b)1.
1. At least 50% of the teachers employed by the school district sign the petition.
118.40(2)(b)2.
2. The school board provides alternative public school attendance arrangements for pupils who do not wish to attend or are not admitted to a charter school.
118.40(2)(c)
(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.
118.40(2m)(a)(a) A school board may on its own initiative contract with a person to operate a school as a charter school. The contract shall include all of the provisions specified under
sub. (1m) (b) and may include other provisions agreed to by the parties.
118.40(2m)(am)
(am) At least 30 days before entering in a contract under this subsection that would convert a private school to a charter school or that would establish a charter school that is not an instrumentality of the school district, the school board shall hold a public hearing on the contract. At the hearing, the school board shall consider the level of employe and parental support for the establishment of the charter school and the fiscal impact of the establishment of the charter school on the school district.
118.40(2m)(b)
(b) A school board may not enter into a contract under
par. (a) that would result in the conversion of all of the public schools in the school district to charter schools unless the school board complies with
sub. (2) (b) 2.
118.40(2r)(b)
(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.
118.40(2r)(c)
(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:
118.40(2r)(c)1.
1. In the previous school year, the pupil was enrolled in the school district operating under
ch. 119.
118.40(2r)(c)2.
2. In the previous school year, the pupil was attending a private school under
s. 119.23.
118.40(2r)(c)3.
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.
118.40(2r)(c)4.
4. In the previous school year, the pupil was not enrolled in school.
118.40(2r)(c)5.
5. In the previous school year, the pupil was enrolled in a charter school under this subsection.
118.40(2r)(d)
(d) The chartering or contracting entity under
par. (b) shall do all of the following:
118.40(2r)(d)1.
1. Ensure that all instructional staff of charter schools under this subsection hold a license or permit to teach issued by the department.
118.40(2r)(e)
(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.
118.40(2r)(f)
(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.
118.40(2r)(g)
(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.
118.40(3)(a)(a) If the school board grants the petition under
sub. (2), 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.
118.40(3)(b)
(b) A contract under
par. (a) or under
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 to the charter school during each school year of the contract.
118.40(3)(c)
(c) A school board may not enter into a contract for the establishment of a charter school located outside the school district, except that if 2 or more school boards enter into an agreement under
s. 66.30 to establish a charter school, the charter school shall be located within one of the school districts, and if one or more school boards enter into an agreement with the board of control of a cooperative educational service agency to establish a charter school, the charter school shall be located within the boundaries of the cooperative educational service agency. A school board may not enter into a contract that would result in the conversion of a private, sectarian school to a charter school.
118.40(3)(d)
(d) A school board or an entity under
sub. (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).
118.40(4)
(4) Charter school duties and restrictions. 118.40(4)(a)(a)
Duties. A charter school shall do all of the following:
118.40(4)(a)1.
1. If the charter school replaces a public school in whole or in part, give preference in admission to any pupil who resides within the attendance area or former attendance area of that public school.
118.40(4)(a)2.
2. Be nonsectarian in its programs, admissions policies, employment practices and all other operations.
118.40(4)(b)
(b)
Restrictions. A charter school may not do any of the following:
118.40(4)(b)2.
2. Discriminate in admission or deny participation in any program or activity on the basis of a person's sex, race, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.
118.40(5)
(5) Charter revocation. 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:
118.40(5)(a)
(a) The charter school violated its contract with the school board or the entity under
sub. (2r) (b).
118.40(5)(b)
(b) The pupils enrolled in the charter school failed to make sufficient progress toward attaining the educational goals under
s. 118.01.
118.40(5)(c)
(c) The charter school failed to comply with generally accepted accounting standards of fiscal management.
118.40(6)
(6) Program voluntary. No pupil may be required to attend a charter school without his or her approval, if the pupil is an adult, or the approval of his or her parents or legal guardian, if the pupil is a minor.
118.40(7)
(7) Legal status; applicability of school laws. 118.40(7)(a)(a) Except as provided in
par. (am), the school board of the school district in which a charter school is located shall determine whether or not the charter school is an instrumentality of the school district. If the school board determines that the 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 the charter school is not an instrumentality of the school district, the school board may not employ any personnel for the charter school.
118.40(7)(am)1.1. 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.
