SB396: Bill Text

LRB-3144/6

PG:bk&kf:nwn

2007 - 2008 LEGISLATURE

2007 Senate BILL 396

January 17, 2008 - Introduced by Senators Lehman, Kreitlow and Taylor, cosponsored by Representatives Pope-Roberts, Sinicki and Turner. Referred to Committee on Education.

SB396,1,6 An Act to renumber and amend 118.40 (3) (c); to amend 118.19 (1), 118.40 (2r) (bm), 118.51 (2), 118.51 (3) (a) 2., 118.51 (5) (a) 1., 119.04 (1) and 121.02 (1) (a) 2.; and to create 115.001 (16), 118.19 (13), 118.40 (2r) (g), 118.40 (4) (d), 118.40 (8), 118.51 (16) (b) 3., 118.51 (18) and 118.57 of the statutes; relating to: online courses for elementary and secondary school pupils and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, any person who teaches in a public school, including a charter school, must hold a teaching license or permit issued by the Department of Public Instruction (DPI). Until July 1, 2009, this bill exempts from this requirement any person who teaches in a virtual charter school. The bill defines a virtual charter school as a charter school that provides an online learning program.

Current law provides that a charter school established by a school board must be located in the school district. This bill provides that this restriction does not apply to virtual charter schools.

Beginning in the 2009-10 school year, the bill provides that if a school board establishes or contracts for the establishment of a virtual charter school, the school board must ensure that no more than 85 percent of the pupils attending the virtual charter school do so through the Open Enrollment Program. The bill prohibits a school board that establishes or contracts for the establishment of a virtual charter school for the attendance of pupils during the 2008-09 school year from allowing more pupils to attend the school through the Open Enrollment Program during the 2008-09 school year than the number that attended the school through that program in the 2007-08 school year. Beginning in the 2009-10 school year, the bill provides that the amount of the state aid adjustment for a pupil attending a virtual charter school through the Open Enrollment Program is 50 percent of the amount determined for other pupils. The bill prohibits a school board or any other entity authorized to establish a charter school from establishing or contracting for the establishment of a new virtual charter school that opens for the attendance of pupils before the 2009-10 school year.

The bill directs DPI to make online courses available for a reasonable fee, through a statewide web academy, to school districts, cooperative educational service agencies, charter schools, and private schools. DPI must also establish instructional standards for online courses taken by pupils enrolled in public and charter schools.

The bill directs each school board (or chartering entity, if other than a school board) to do all of the following:

1. Determine which pupils may enroll in an online course, which online courses are available, and the number of online courses a pupil may take.

2. Provide a safe and secure online environment, ensure the confidentiality of pupil coursework and records, and verify the authenticity of pupil coursework.

3. Except for teachers in virtual charter schools in existence on the bill's effective date, assign an appropriately licensed teacher for each online course.

4. Ensure that pupils enrolled part-time in online courses have direct contact with a teacher, each week school is scheduled, for at least 20 minutes for each online course; ensure that elementary school pupils who are enrolled full-time in online courses have direct contact with a teacher for at least two hours each day that school is scheduled; and ensure that high school pupils enrolled full-time in online courses have direct contact with a teacher for at least 30 minutes each day that school is scheduled.

5. Determine the average equivalency hours for online courses.

6. Ensure that only pupils who reside in this state enroll in online courses.

The bill provides that beginning July 1, 2013, no person may teach an online course in a public or charter school unless he or she has completed a professional development program, approved by DPI, that is designed to prepare a teacher for online teaching.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB396, s. 1 Section 1. 115.001 (16) of the statutes is created to read:

SB396,3,2 115.001 (16) Virtual charter school. "Virtual charter school" means a charter school that provides an online learning program.

SB396, s. 2 Section 2. 118.19 (1) of the statutes is amended to read:

SB396,3,7 118.19 (1) Any person seeking to teach in a public school, including a charter school, or in a school or institution operated by a county or the state shall first procure a license or permit from the department. This subsection does not apply to a virtual charter school until July 1, 2009.

SB396, s. 3 Section 3. 118.19 (13) of the statutes is created to read:

SB396,3,12 118.19 (13) Beginning July 1, 2013, no person may teach an online course in a public school, including a charter school, unless he or she has completed a professional development program, approved by the department, that is designed to prepare a teacher for online teaching.

SB396, s. 4 Section 4. 118.40 (2r) (bm) of the statutes is amended to read:

SB396,3,22 118.40 (2r) (bm) 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 only establish or enter into a contract for the establishment of a charter school located in the school district operating under ch. 119. The chancellor of the University of Wisconsin-Parkside may only establish or enter into a contract for the establishment of a charter school located in a unified school district that is located in the county in which the University of Wisconsin-Parkside is situated or in an adjacent county. This paragraph does not apply to the establishment of a virtual charter school.

SB396, s. 5 Section 5. 118.40 (2r) (g) of the statutes is created to read:

SB396,4,2 118.40 (2r) (g) If a charter school is established under this subsection, the chartering or contracting entity under par. (b) 1. is responsible for discharging the duties under s. 118.57 (2) and s. 118.57 (3) applies to any contract entered into by the chartering or contracting entity that relates to providing online courses.

SB396, s. 6 Section 6. 118.40 (3) (c) of the statutes is renumbered 118.40 (3) (c) 1. and amended to read:

SB396,4,13 118.40 (3) (c) 1. 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. 66.0301 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. This subdivision does not apply to the establishment of a virtual charter school.

SB396,4,15 2. A school board may not enter into a contract that would result in the conversion of a private, sectarian school to a charter school.

SB396, s. 7 Section 7. 118.40 (4) (d) of the statutes is created to read:

SB396,4,20 118.40 (4) (d) Virtual charter schools. Beginning in the 2009-10 school year, if a school board establishes or contracts for the establishment of a virtual charter school, the school board shall ensure that no more than 85 percent of the pupils attending the virtual charter school do so through open enrollment under s. 118.51.

SB396, s. 8 Section 8. 118.40 (8) of the statutes is created to read:

SB396,4,24 118.40 (8) Location of virtual charter schools. For the purposes of sub. (7) (a), (am) 1., and (ar), a virtual charter school is considered to be located in the following school district:

SB396,5,2 (a) If a school board establishes or contracts with a person to establish the virtual charter school, in the school district governed by that school board.

SB396,5,6 (b) If the common council of the city of Milwaukee, the chancellor of the University of Wisconsin-Milwaukee, or Milwaukee Area Technical College establishes or contracts with a person to establish the virtual charter school, in the school district operating under ch. 119.

SB396, s. 9 Section 9. 118.51 (2) of the statutes is amended to read:

SB396,5,15 118.51 (2) Applicability. A pupil may attend a public school, including a charter school, a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated day care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated day care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.

SB396, s. 10 Section 10. 118.51 (3) (a) 2. of the statutes is amended to read:

SB396,6,3 118.51 (3) (a) 2. A nonresident school board may not act on any application received under subd. 1. until after the 3rd Friday following the first Monday in February. If Except as provided in s. 118.40 (4) (d), if a nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept, including pupils accepted from a waiting list under sub. (5) (d), on a random basis, after giving preference to pupils and to siblings of pupils who are already attending public school in the nonresident school district. If a nonresident school board determines that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless accept an applicant who is already attending school in the nonresident school district or a sibling of the applicant.

SB396, s. 11 Section 11. 118.51 (5) (a) 1. of the statutes is amended to read:

SB396,6,13 118.51 (5) (a) 1. The availability of space in the schools, programs, classes, or grades within the nonresident school district. In determining the availability of space, the nonresident school board shall comply with the limit under s. 118.40 (4) (d) and may consider criteria such as class size limits, pupil-teacher ratios, or enrollment projections established by the nonresident school board and. The nonresident school board may include in its count of occupied spaces pupils attending the school district for whom tuition is paid under s. 121.78 (1) (a) and pupils and siblings of pupils who have applied under sub. (3) (a) and are already attending public school in the nonresident school district.

SB396, s. 12 Section 12. 118.51 (16) (b) 3. of the statutes is created to read:

SB396,6,17 118.51 (16) (b) 3. Notwithstanding subds. 1. and 2., if nonresident pupils attend a virtual charter school under this section, the multiplier under subds. 1. and 2. is an amount equal to 50 percent of the amount determined under par. (a) 3.

SB396, s. 13 Section 13. 118.51 (18) of the statutes is created to read:

SB396,6,21 118.51 (18) Location of virtual charter schools. For the purposes of this section, a virtual charter school is located in the school district specified in s. 118.40 (8) (a).

SB396, s. 14 Section 14. 118.57 of the statutes is created to read:

SB396,6,24 118.57 Online courses. (1) Department duties. The department shall do all of the following:

SB396,7,3 (a) Make online courses available for a reasonable fee, through a statewide web academy, to school districts, cooperative educational service agencies, and charter schools and private schools located in this state.

SB396,7,6 (b) Establish instructional standards for all online courses taken by pupils enrolled in public schools, including charter schools, including standards addressing all of the following:

SB396,7,7 1. The frequency, length, and type of pupil-teacher contact.

SB396,7,8 2. The assessment of pupil progress.