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2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 396
March 11, 2008 - Offered by Representative Davis.
SB396-ASA1,1,6
1An Act to renumber 120.21 (1);
to renumber and amend 118.40 (3) (c) and
2120.21 (2);
to amend 118.15 (1) (a), 118.19 (1), 118.40 (4) (b) 1., 118.51 (2),
3118.51 (3) (a) 6., 118.51 (3) (b), 118.51 (15) (a), 119.04 (1) and 121.02 (1) (a) 2.;
4and
to create 115.001 (16), 115.28 (53), 118.15 (1) (g), 118.19 (13), 118.40 (2r)
5(b) 4., 118.40 (8), 118.51 (3) (a) 7., 118.51 (18), 120.21 (3) and 121.83 (4) of the
6statutes;
relating to: virtual charter schools.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB396-ASA1,1,128
115.001
(16) Virtual charter school. "Virtual charter school" means a charter
9school under contract with a school board under s. 118.40 in which all or a portion
10of the instruction is provided through means of the Internet, and the pupils enrolled
11in and instructional staff employed by the school are geographically remote from
12each other.
SB396-ASA1,2,42
115.28
(53) Online courses. Make online courses available for a reasonable
3fee, through a statewide web academy, to school districts, cooperative educational
4service agencies, and charter schools and private schools located in this state.
SB396-ASA1,2,126
118.15
(1) (a) Except as provided under pars. (b) to (d)
and (g) and sub. (4),
7unless the child is excused under sub. (3) or has graduated from high school, any
8person having under control a child who is between the ages of 6 and 18 years shall
9cause the child to attend school regularly during the full period and hours, religious
10holidays excepted, that the public or private school in which the child should be
11enrolled is in session until the end of the school term, quarter or semester of the
12school year in which the child becomes 18 years of age.
SB396-ASA1, s. 4
13Section
4. 118.15 (1) (g) of the statutes is created to read:
SB396-ASA1,2,1514
118.15
(1) (g) Paragraph (a) does not apply to a person having under control
15a child who is enrolled in a virtual charter school.
SB396-ASA1,2,2017
118.19
(1) Any Except as provided in s. 118.40 (8) (b) 2., any person seeking to
18teach in a public school, including a charter school, or in a school or institution
19operated by a county or the state shall first procure a license or permit from the
20department.
SB396-ASA1,2,2522
118.19
(13) Beginning July 1, 2010, no person may teach an online course in
23a public school, including a charter school, unless he or she has completed at least
2430 hours of professional development designed to prepare a teacher for online
25teaching.
SB396-ASA1, s. 7
1Section
7. 118.40 (2r) (b) 4. of the statutes is created to read:
SB396-ASA1,3,32
118.40
(2r) (b) 4. No chartering or contracting entity under subd. 1. may
3establish or enter into a contract for the establishment of a virtual charter school.
SB396-ASA1, s. 8
4Section
8. 118.40 (3) (c) of the statutes is renumbered 118.40 (3) (c) 1. and
5amended to read:
SB396-ASA1,3,146
118.40
(3) (c) 1. A school board may not enter into a contract for the
7establishment of a charter school located outside the school district, except that if 2
8or more school boards enter into an agreement under s. 66.0301 to establish a charter
9school, the charter school shall be located within one of the school districts, and if one
10or more school boards enter into an agreement with the board of control of a
11cooperative educational service agency to establish a charter school, the charter
12school shall be located within the boundaries of the cooperative educational service
13agency.
This subdivision does not apply to the establishment of a virtual charter
14school.
SB396-ASA1,3,16
152. A school board may not enter into a contract that would result in the
16conversion of a private, sectarian school to a charter school.
SB396-ASA1, s. 9
17Section
9. 118.40 (4) (b) 1. of the statutes is amended to read:
SB396-ASA1,3,1818
118.40
(4) (b) 1. Charge tuition
, except as otherwise provided in s. 121.83 (4).
SB396-ASA1,3,2220
118.40
(8) Virtual charter schools. (a)
Location. For the purposes of sub.
21(7) (a), (am), and (ar), a virtual charter school is considered to be located in the
22following school district:
SB396-ASA1,3,2423
1. If a school board contracts with a person to establish the virtual charter
24school, in the school district governed by that school board.
SB396-ASA1,4,4
12. If 2 or more school boards enter into an agreement under s. 66.0301 to
2establish the virtual charter school, or if one or more school boards enter into an
3agreement with the board of control of a cooperative educational service agency to
4establish the virtual charter school, in the school district specified in the agreement.
SB396-ASA1,4,115
(b)
Licensure. 1. The governing body of a virtual charter school shall assign
6an appropriately licensed teacher for each online course offered by the virtual
7charter school. No person holding only a permit to teach exclusively in a charter
8school may teach in a virtual charter school, and no person holding both a license to
9teach exclusively in a charter school and a license to teach in other public schools may
10teach, in a virtual charter school, a subject or at a level that is not authorized by the
11latter license.
SB396-ASA1,4,1512
2. If a pupil attends a virtual charter school, any person providing educational
13services to the pupil in the pupil's home, other than instructional staff of the virtual
14charter school, is not required to hold a license or permit to teach issued by the
15department.
SB396-ASA1,4,1816
(c)
Staff duties. In a virtual charter school, an instructional staff member is
17responsible for all of the following for each pupil the instructional staff member
18teaches:
SB396-ASA1,4,1919
1. Improving learning by planned instruction.
SB396-ASA1,4,2020
2. Diagnosing learning needs.
SB396-ASA1,4,2121
3. Prescribing content delivery through class activities.
SB396-ASA1,4,2222
4. Assessing learning.
SB396-ASA1,4,2323
5. Reporting outcomes to administrators and parents and guardians.
SB396-ASA1,4,2424
6. Evaluating the effects of instruction.
SB396-ASA1,5,2
1(d)
Required days and hours. A virtual charter school shall do all of the
2following:
SB396-ASA1,5,43
1. Provide educational services to its pupils for at least 150 days each school
4year.
SB396-ASA1,5,85
2. Ensure that its teachers are available to provide direct pupil instruction for
6at least the applicable number of hours specified in s. 121.02 (1) (f) 2. each school year.
7No more than 10 hours in any 24-hour period may count toward the requirement
8under this subdivision.
SB396-ASA1,5,119
3. Ensure that its teachers respond to inquiries from pupils and from parents
10or guardians of pupils by the end of the first school day following the day on which
11the inquiry is received.
SB396-ASA1,5,1512
(e)
Parent advisory council. The governing body of a virtual charter school shall
13ensure that a parent advisory council is established for the school and that it meets
14on a regular basis. The governing body shall determine the selection process for
15members of the parent advisory council.
SB396-ASA1,5,1916
(f)
Required notices. At the beginning of each school term, the governing body
17of a virtual charter school shall inform the parent or guardian of each pupil attending
18the virtual charter school, in writing, the name of, and how to contact, each of the
19following persons:
SB396-ASA1,5,2120
1. The members of the school board that contracted for the establishment of the
21virtual charter school and the administrators of that school district.
SB396-ASA1,5,2322
2. The members of the virtual charter school's governing body, if different than
23the persons under subd. 1.
SB396-ASA1,5,2524
3. The members of the virtual charter school's parent advisory council
25established under par. (e).
SB396-ASA1,6,1
14. The staff of the virtual charter school.
SB396-ASA1,6,52
(g)
Pupil's failure to participate. 1. Whenever a pupil attending a virtual
3charter school fails to respond appropriately to a school assignment or directive from
4instructional staff within 5 school days, the governing body of the virtual charter
5school shall notify the pupil's parent or guardian.
SB396-ASA1,6,176
2. Subject to subd. 2m., the third time in the same semester that a pupil
7attending a virtual charter school fails to respond appropriately to a school
8assignment or directive from instructional staff within 5 school days, the governing
9body of the virtual charter school shall also notify the school board that contracted
10for the establishment of the virtual charter school, the school board of the pupil's
11resident school district, and the department. The school board that contracted for
12the establishment of the virtual charter school may transfer the pupil to his or her
13resident school district. If the pupil is a resident of the school district that contracted
14for the establishment of the virtual charter school, the school board may assign the
15pupil to another school or program within that school district. If the school board
16transfers or assigns a pupil, it shall notify the pupil's parent or guardian and the
17department.
SB396-ASA1,6,2418
2m. If the parent or guardian of a pupil attending a virtual charter school
19notifies the virtual charter school in writing before a school assignment or directive
20is given that the pupil will not be available to respond to the assignment or directive
21during a specified period, the school days during that period do not count for purposes
22of subd. 2. The virtual charter school shall require the pupil to complete any
23assignment missed during the period. This subdivision applies to no more than 10
24school days in a school year.
SB396-ASA1,7,5
13. The parent or guardian of a pupil transferred to the pupil's resident school
2district under subd. 2. may appeal the transfer to the department within 30 days
3after receipt of the notice of transfer. The department shall affirm the school board's
4decision unless the department finds that the decision was arbitrary or
5unreasonable.
SB396-ASA1,7,86
(h)
Enrollment limit. 1. Subject to subds. 3. and 4., beginning in the 2009-10
7school year, the total number of pupils attending virtual charter schools through the
8open enrollment program under s. 118.51 in any school year may not exceed 5,250.
SB396-ASA1,7,109
2. By the first Friday following the first Monday in April, the governing body
10of each virtual charter school shall report to the department all of the following:
SB396-ASA1,7,1211
a. The number of pupils who have initially applied and been accepted to attend
12the virtual charter school through the open enrollment program under s. 118.51.
SB396-ASA1,7,1613
b. The number of pupils attending the virtual charter school through the open
14enrollment program under s. 118.51 in the current school year who are expected to
15continue attending a virtual charter school through the open enrollment program
16under s. 118.51 in the succeeding school year.