1999 Wisconsin Act 9

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9,2082r Section 2082r. 118.30 (5) of the statutes is repealed.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9,2085m Section 2085m. 118.33 (1) (cm) of the statutes is repealed.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:

1. In the 2000-01 school year, in at least grades kindergarten and one.

2. In the 2001-02 school year, in at least grades kindergarten to 2.

3. In the 2002-03 to 2004-05 school years, in at least grades kindergarten to 3.

9,2106 Section 2106. 118.43 (5) (b) of the statutes is amended to read:

118.43 (5) (b) At the end of the 1997-98, 1998-99, 1999-2000, 2000-01 and 2001-02 school years Annually by June 30 through the 2003-04 school year, a committee consisting of the state superintendent, the chairpersons of the education committees in the senate and assembly and the individual chiefly responsible for the evaluation under sub. (7) shall review the progress made by each school for which an achievement guarantee contract has been entered into. The committee may recommend to the department that the department terminate a contract if the committee determines that the school board has violated the contract or if the school has made insufficient progress toward achieving its performance objectives under sub. (4) (c). The department may terminate the contract if it agrees with the committee's recommendation.

9,2106r Section 2106r. 118.43 (6) (b) 5. of the statutes is repealed.

9,2107b Section 2107b. 118.43 (6) (b) 6., 7. and 8. of the statutes are created to read:

118.43 (6) (b) 6. In the 2000-01 school year, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (a) and (am). After making these payments, the department shall pay school districts on behalf of schools that are covered by contracts under sub. (3) (ar) an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar). In making these payments, the department shall give priority to schools that have the highest percentage of low-income pupil enrollment and shall also ensure that it fully distributes the amount appropriated.

7. In the 2001-02 and 2002-03 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (am). After making these payments, the department shall pay school districts on behalf of schools that are covered by contracts under sub. (3) (ar), an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar).

8. In the 2003-04 and 2004-05 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar).

9,2107c Section 2107c. 118.43 (6m) of the statutes is created to read:

118.43 (6m) Rules. The department shall promulgate rules to implement and administer the payment of state aid under sub. (6).

9,2107d Section 2107d. 118.43 (8) of the statutes is created to read:

118.43 (8) State aid for debt service. (a) Beginning in the 2000-01 school year, a school district is eligible for aid under this subsection if it applies to the department for approval of the amount of bonds specified in the copy of the resolution under 1999 Wisconsin Act .... (this act), section 9139 (2d). If the department approves the amount before June 30, 2001, the department shall, from the appropriation under s. 20.255 (2) (cs), pay each school district that issues bonds pursuant to a referendum under 1999 Wisconsin Act .... (this act), section 9139 (2d), an amount equal to 20% of the annual debt service cost on the bonds. This subsection does not apply to the school district operating under ch. 119.

(b) The department shall promulgate rules to implement and administer this subsection.

9,2107f Section 2107f. 118.55 (7r) (d) 1. (intro.) and a. of the statutes are consolidated, renumbered 118.55 (7r) (d) 1. and amended to read:

118.55 (7r) (d) 1. For each pupil attending a technical college under this subsection, the school board shall pay to the technical college district board, in 2 instalments payable upon initial enrollment and at the end of the semester, the following amount: a. If the pupil is attending the technical college for less than 7 credits that are eligible for high school credit, for those courses taken for high school credit, an amount equal to the cost of tuition, course fees and books for the pupil at the technical college.

9,2107g Section 2107g. 118.55 (7r) (d) 1. b. of the statutes is repealed.

9,2107n Section 2107n. 118.55 (7t) of the statutes is created to read:

118.55 (7t) Limitations on participation and payment. (a) When a pupil gains 12th grade status, as determined by the school board of the school district in which the pupil is enrolled, the pupil may participate in the program under this section for no more than 2 consecutive semesters.

(b) If a school board is required to pay tuition on behalf of a pupil under sub. (5) (a) or (c) 1. or (7r) (d), the tuition charged may not exceed the amount that would be charged a pupil who is a resident of this state.

9,2107r Section 2107r. 118.55 (7w) (title) of the statutes is repealed.

9,2107t Section 2107t. 118.55 (7w) of the statutes is renumbered 118.55 (7r) (f) and amended to read:

118.55 (7r) (f) A pupil taking a course at a technical college for high school credit under this section subsection is not responsible for any portion of the tuition and fees for the course if the school board is required to pay the technical college for the course under sub. (7r) par. (d).

9,2108m Section 2108m. 119.04 (1) of the statutes is amended to read:

119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (25) (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) , 120.135 and 120.14 are applicable to a 1st class city school district and board.