1999 Wisconsin Act 9

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:

1. In the previous school year, the school had an enrollment that was at least 30% low-income.

2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of the school under s. 115.45.

9,2099 Section 2099. 118.43 (2) (br) of the statutes is created to read:

118.43 (2) (br) In the 2000-01 school year, the school board of an eligible school district other than the school district operating under ch. 119 may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if all of the following apply:

1. In the previous school year, each school had an enrollment that was at least 65% low-income.

2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of any of the schools under s. 115.45.

3. The school board, if eligible to participate in the program under this section in the 1996-97 and 1998-99 school years, had participated in the program during either school year.

4. None of the schools is a beneficiary of a contract under this section.

9,2100 Section 2100. 118.43 (2) (bt) of the statutes is created to read:

118.43 (2) (bt) In the 2000-01 school year, the school board of the school district operating under ch. 119 may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if all of the following apply:

1. In the previous school year, each school had an enrollment that was at least 65% low-income.

2. The school board is not receiving a grant under the preschool to grade 5 program under s. 115.45 on behalf of any of the schools.

3. None of the schools is a beneficiary of a contract under this section.

9,2101 Section 2101. 118.43 (2) (c) of the statutes is amended to read:

118.43 (2) (c) Notwithstanding par. pars. (b) and (bg), the school board of the school district operating under ch. 119 may enter into an achievement guarantee contract on behalf of up to 10 schools under par. (b) and up to 10 schools under par. (bg).

9,2102 Section 2102. 118.43 (2) (e) 1. of the statutes is amended to read:

118.43 (2) (e) 1. If the school board of an eligible school district does not enter into an achievement guarantee contract with the department, a school board that has entered into such a contract, other than the school board of the school district operating under ch. 119, may apply to the department to enter into such a contract on behalf of one additional school or more schools that meets meet the requirements under par. (b), (bg) or (br).

9,2103 Section 2103. 118.43 (2) (f) of the statutes is amended to read:

118.43 (2) (f) The department may not enter into an achievement guarantee contract with a school board on behalf of a school after June 30, 1999 2001.

9,2104 Section 2104. 118.43 (3) (intro.) of the statutes is amended to read:

118.43 (3) Contract requirements. (intro.) Except as provided in par. pars. (am) and (ar), an achievement guarantee contract shall require the school board to do all of the following in each participating school:

9,2105 Section 2105. 118.43 (3) (ar) of the statutes is created to read:

118.43 (3) (ar) Class size; additional contracts. For contracts that begin in the 2000-01 school year, reduce each class size to 15 in the following manner: