1999 Wisconsin Act 9

(b) Scheduling in-service days or work days before September 1.

(c) Holding school year-round.

(3) A school board may commence the school term before September 1 in any school year if it holds a public hearing on the issue and adopts a resolution to that effect in that school year.

9,2067d Section 2067d. 118.125 (4) of the statutes is amended to read:

118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile secured correctional facility or, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p). In this subsection, "school" and "school district" include any juvenile secured correctional facility, secured child caring institution as defined in s. 938.02 (15g), secured group home, adult correctional institution, mental health institute or center for the developmentally disabled, that provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

9,2068 Section 2068. 118.153 (3m) of the statutes is renumbered 106.13 (4m) and amended to read:

106.13 (4m) (a) After reviewing the recommendations of the governor's council on workforce excellence under s. 106.115 (2) (em), the state superintendent The board may approve an innovative school-to-work program provided by a nonprofit organization for children at risk, as defined in s. 118.153 (1) (a), in a county having a population of 500,000 or more to assist those children at risk in acquiring employability skills and occupational-specific competencies before leaving high school. If the state superintendent board approves a program under this paragraph, the state superintendent board may award a grant, from the appropriation under s. 20.255 (3) (ef) 20.445 (7) (ef), to the nonprofit organization providing the program and the nonprofit organization shall use the funds received under the grant to provide the program.

(b) The state superintendent board shall establish requirements for the operation of the grant program under this subsection. Those Notwithstanding sub. (5), those requirements need not be promulgated as rules.

9,2068m Section 2068m. 118.16 (1m) of the statutes is created to read:

118.16 (1m) The period during which a pupil is absent from school due to a suspension or expulsion under s. 120.13 or 119.25 is neither an absence without an acceptable excuse for the purposes of sub. (1) (a) nor an absence without legal cause for the purposes of sub. (1) (c).

9,2068r Section 2068r. 118.175 of the statutes is created to read:

118.175 Pupils without parents or guardians; report required. (1) This section does not apply to a pupil who has a legal custodian, as defined in s. 48.02 (11) or 938.02 (11), or who is cared for by a kinship care relative, as defined in s. 48.57 (3m) (a).

(2) If a pupil is a child who is without a parent or guardian, any school teacher, school administrator, school counselor or school social worker who knows that the child is without a parent or guardian shall report that fact as soon as possible to the county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, to the department of health and family services.

9,2069m Section 2069m. 118.19 (1s) of the statutes is created to read:

118.19 (1s) (a) Notwithstanding subs. (1m) and (1r), if an applicant does not have a social security number, the applicant, as a condition of applying for, or applying to renew or revalidate, a license under this section shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number.

(b) The teaching license of a person who submits a false statement under par. (a) is invalid.

9,2069r Section 2069r. 118.245 (3) of the statutes is amended to read:

118.245 (3) No school district may provide to its nonrepresented professional employes for any 12-month period ending on June 30 an average increase for all such employes in the total cost to the school district of compensation and fringe benefits for such employes having an average cost per employe exceeding 3.8% of the average total cost per employe of compensation and fringe benefits provided by the school district to its nonrepresented professional employes for the preceding 12-month period ending on June 30 or the average total percentage increased cost per employe of compensation and fringe benefits provided to its represented professional employes during the 12-month period ending on June 30 preceding the date that the increase becomes effective, whichever is greater. In this subsection, the cost of compensation includes the cost of any increase in compensation due to a promotion or the attainment of increased professional qualifications. For purposes of this subsection, the average total percentage increased cost per employe of the compensation provided by a school district to its represented professional employes shall be determined in accordance with the method prescribed by the employment relations commission under s. 111.70 (4) (cm) 8s.

9,2070 Section 2070. 118.255 (4) of the statutes is amended to read:

118.255 (4) If the state superintendent is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each school board, cooperative educational service agency and county children with disabilities education board maintaining such health treatment services, an amount equal to 63% of the amount expended for items listed in s. 115.88 (1m) by the school board, cooperative educational service agency and county children with disabilities education board during the preceding year for these health treatment services. The department of administration, upon such certification shall distribute the amounts to the appropriate school board, cooperative educational service agency and county children with disabilities education board as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

9,2071s Section 2071s. 118.30 (1) (b) of the statutes is amended to read:

118.30 (1) (b) If the governor has issued pupil academic standards as an executive order under s. 14.23, the The department shall develop a high school graduation examination that is designed to measure whether pupils meet the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

9,2072 Section 2072. 118.30 (1g) (a) of the statutes is renumbered 118.30 (1g) (a) 1.

9,2073 Section 2073. 118.30 (1g) (a) 2. of the statutes is created to read:

118.30 (1g) (a) 2. By January 1, 2000, or by January 1 of the 1st school year of operation, whichever is later, each operator of a charter school under s. 118.40 (2r) shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history. The operator of the charter school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

9,2074n Section 2074n. 118.30 (1g) (b) of the statutes is amended to read:

118.30 (1g) (b) Each school board operating high school grades and each operator of a charter school under s. 118.40 (2r) that operates high school grades shall adopt a high school graduation examination that is designed to measure whether pupils meet the pupil academic standards adopted by the school board or operator of the charter school under par. (a). If the school board or operator of the charter school has adopted the pupil academic standards issued as an executive order under s. 14.23 no. 326, dated January 13, 1998, the school board or operator of the charter school may adopt the high school graduation examination developed by the department under sub. (1) (b). If a school board or operator of a charter school develops and adopts its own high school graduation examination, it shall notify the department annually by October 1 that it intends to administer the examination in the following school year.

9,2075 Section 2075. 118.30 (1g) (c) of the statutes is amended to read:

118.30 (1g) (c) Each school board operating elementary grades and each operator of a charter school under s. 118.40 (2r) that operates elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board or operator of the charter school develops or adopts an examination under this paragraph, it shall notify the department.

9,2076 Section 2076. 118.30 (1m) (intro.) of the statutes is amended to read:

118.30 (1m) (intro.) Except as otherwise provided in this section and in s. 118.40 (2r) (d), annually each school board shall do all of the following:

9,2076g Section 2076g. 118.30 (1m) (a) of the statutes is amended to read:

118.30 (1m) (a) 1. Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. Beginning on July 1, 2002, if the school board has not developed and adopted its own 4th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on take the examination administered under this subdivision that is sufficient for promotion under sub. (5) (a) 1.

2. Beginning on July 1, 2002, if the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. The school board shall provide a pupil with at least 2 opportunities to pass take the examination administered under this subdivision.

9,2076r Section 2076r. 118.30 (1m) (am) of the statutes is amended to read:

118.30 (1m) (am) 1. Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. Beginning on July 1, 2002, if the school board has not developed and adopted its own 8th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on take the examination administered under this subdivision that is sufficient for promotion under sub. (5) (b) 1.

2. Beginning on July 1, 2002, if the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. The school board shall provide a pupil with at least 2 opportunities to pass take the examination administered under this subdivision.

9,2077 Section 2077. 118.30 (1m) (b) of the statutes is amended to read:

118.30 (1m) (b) Administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade. This paragraph does not apply after the 2000-01 school year.

9,2078n Section 2078n. 118.30 (1m) (d) of the statutes is amended to read:

118.30 (1m) (d) If the school board operates high school grades, beginning in the 2000-01 2002-03 school year administer the high school graduation examination adopted by the school board under sub. (1g) (b) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 11th and 12th grades. The school board shall administer the examination at least twice each school year. The school board shall determine the high school grades in which the examination will be administered each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.

9,2080 Section 2080. 118.30 (1r) of the statutes is created to read:

118.30 (1r) Annually each operator of a charter school under s. 118.40 (2r) shall do all of the following:

(a) 1. Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the charter school in the 4th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed or adopted its own 4th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.

2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the charter school in the 4th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.

(am) 1. Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the charter school in the 8th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed and adopted its own 8th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.

2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the charter school in the 8th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.

(b) Administer the 10th grade examination to all pupils enrolled in the charter school in the 10th grade.

(d) If the charter school operates high school grades, beginning in the 2002-03 school year, administer the high school graduation examination adopted by the operator of the charter school under sub. (1g) (b) to all pupils enrolled in the 11th and 12th grades in the charter school. The operator of the charter school shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.

9,2081 Section 2081. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or operator of the charter school under s. 118.40 (2r) shall comply with s. 115.77 (1) (1m) (bg).

2. According to criteria established by the state superintendent by rule, the school board or operator of the charter school under s. 118.40 (2r) may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.

9,2082 Section 2082. 118.30 (2) (b) 3. of the statutes is amended to read:

118.30 (2) (b) 3. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under this section sub. (1m).

9,2082g Section 2082g. 118.30 (2) (b) 4. of the statutes is created to read:

118.30 (2) (b) 4. Upon the request of a pupil's parent or guardian, the operator of a charter school under s. 118.40 (2r) shall excuse the pupil from taking an examination administered under sub. (1r).

9,2082j Section 2082j. 118.30 (2) (e) of the statutes is created to read:

118.30 (2) (e) A pupil's score on the examination administered under sub. (1m) (d) or (1r) (d) shall be recorded on the pupil's transcript.

9,2082r Section 2082r. 118.30 (5) of the statutes is repealed.

9,2084 Section 2084. 118.30 (6) of the statutes is amended to read:

118.30 (6) A school board and an operator of a charter school under s. 118.40 (2r) is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) (a) if the school board or the operator of the charter school administers its own 4th and 8th grade examinations, the school board or operator of the charter school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1) (a), and the federal department of education approves.

9,2084m Section 2084m. 118.33 (title) of the statutes is amended to read:

118.33 (title) High school graduation standards; criteria for promotion.

9,2085m Section 2085m. 118.33 (1) (cm) of the statutes is repealed.

9,2086f Section 2086f. 118.33 (1) (e) of the statutes is repealed.

9,2086h Section 2086h. 118.33 (1) (f) of the statutes is created to read:

118.33 (1) (f) 1. By September 1, 2002, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under par. (a). The criteria shall include the pupil's score on the examination administered under s. 118.30 (1g) (d), the pupil's academic performance, the recommendations of teachers and any other criteria specified by the school board. Except as provided in subd. 2., the criteria apply to pupils enrolled in charter schools located in the school district.

2. By September 1, 2002, each operator of a charter school under s. 118.40 (2r) that operates high school grades shall develop a policy specifying criteria for granting a high school diploma. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1r) (d), the pupil's academic performance, the recommendations of teachers and any other criteria specified by the operator of the charter school .

3. Beginning September 1, 2003, neither a school board nor an operator of a charter school under s. 118.40 (2r) may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2.

9,2086m Section 2086m. 118.33 (6) of the statutes is created to read:

118.33 (6) (a) 1. Each school board shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (a) or (am), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the school board. Except as provided in par. (b) 1., the criteria apply to pupils enrolled in charter schools located in the school district.

2. Except as provided in par. (b) 2., beginning on September 1, 2002, a school board may not promote a 4th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 5th grade, and may not promote an 8th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the school board's policy adopted under subd. 1.

(b) 1. Each operator of a charter school under s. 118.40 (2r) shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1r) (a) or (am), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the operator of the charter school.

2. Beginning on September 1, 2002, an operator of a charter school under s. 118.40 (2r) may not promote a 4th grade pupil to the 5th grade, and may not promote an 8th grade pupil to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the charter school operator's policy under subd. 1.

9,2086t Section 2086t. 118.34 (4) of the statutes is created to read:

118.34 (4) The governor's work-based learning board shall review the local technical preparation programs established under sub. (1) as operated during the 1999-2000 fiscal year, the organizational structure used to implement those programs during that fiscal year and the allocation of funding to those programs for that fiscal year to determine whether those programs, that organizational structure and that allocation of funding should continue in the manner in which they were provided during the 1999-2000 fiscal year beyond that fiscal year and shall submit a plan for the implementation of those programs beyond the 1999-2000 fiscal year to the joint committee on finance by June 15, 2000. If the cochairpersons of the committee do not notify the governor's work-based learning board within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the board may implement the plan, notwithstanding subs. (1), (2) and (3). If within 14 working days after the date of submittal of the plan, the cochairpersons of the committee notify the governor's work-based learning board that the committee has scheduled a meeting for the purpose of reviewing the plan, the board may implement the plan, notwithstanding subs. (1), (2) and (3), only as approved or modified by the committee.

9,2090 Section 2090. 118.40 (2r) (d) 2. of the statutes is amended to read:

118.40 (2r) (d) 2. Administer the examinations under ss. 118.30 (1m) (1r) and 121.02 (1) (r) to pupils enrolled in charter schools under this subsection.

9,2090m Section 2090m. 118.40 (2r) (e) of the statutes is amended to read:

118.40 (2r) (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 sum of the amount paid per pupil under this paragraph in the previous school year and the amount of revenue increase per pupil allowed under subch. VII of ch. 121 in the current school year, 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.

9,2091 Section 2091. 118.40 (2r) (f) of the statutes is repealed.

9,2092 Section 2092. 118.40 (2r) (g) of the statutes is repealed.

9,2095 Section 2095. 118.42 of the statutes is repealed.

9,2096 Section 2096. 118.43 (2) (a) of the statutes is amended to read:

118.43 (2) (a) The school board of any school district in which a school in the previous school year had an enrollment that was at least 50% low-income is eligible to participate in the program under this section, except that a school board is eligible to participate in the program under this section in the 2000-01 school year if in the 1998-99 school year a school in the school district had an enrollment that was at least 50% low-income.

9,2097 Section 2097. 118.43 (2) (b) (intro.) of the statutes is amended to read:

118.43 (2) (b) (intro.) In the 1996-97 and 1998-99 school years year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one school in the school district if all of the following apply:

9,2098 Section 2098. 118.43 (2) (bg) of the statutes is created to read:

118.43 (2) (bg) In the 1998-99 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one school in the school district if all of the following apply: