AB615: Bill Text

AB615, s. 102 Section 102. 119.60 of the statutes is amended to read:

AB615,43,17 119.60 Real property. (1) If any real property within the city which is used for school purposes is sold, the board superintendent of schools shall determine whether the proceeds of the sale are deposited in the school operations fund under s. 119.46 or are deposited in the school construction fund under s. 119.48.

AB615,44,2 (2) City-owned property used for school purposes shall be sold by the city upon written request of the board superintendent of schools if the common council adopts a resolution approving the sale. If, within 12 months after a written request by the board superintendent of schools, the city has not disposed of the property, has failed to obtain a written agreement to dispose of the property or has not provided the board superintendent of schools with a written report giving specific reasons, which are not identified by the city attorney as constituting a conflict of interest, for its failure to dispose of the property or to obtain an agreement to dispose of the property, the board superintendent of schools may retain a real estate agent to represent the board superintendent of schools in its his or her real estate transactions.

AB615,44,7 (3) The board's superintendent's authority to retain a real estate agent under sub. (2) is limited to the actual sale of property. The board superintendent of schools may compensate the real estate agent for his or her services only on the basis of a commission for specific property sold, and no property taxes may be levied for the purpose of providing funds to pay such commissions.

AB615,44,9 (4) The city is not liable for any action of the board superintendent of schools or its his or her real estate agent in the sale of property under this section.

AB615, s. 103 Section 103. 119.66 of the statutes is amended to read:

AB615,44,25 119.66 Interest in contracts forbidden. During the term for which elected or appointed and for 2 years after the expiration of the term, no member of the board may be employed by the board school district or by the department of employee trust funds in any capacity for which a salary or emolument is provided by the board school district or the department of employee trust funds. For 2 years after leaving office, the superintendent of schools may not be employed by the school district or by the department of employee trust funds in any capacity for which a salary or emolument is provided by the school district or the department of employee trust funds. No board member, superintendent of schools, assistant superintendent, other assistant, teacher or other employee of the board may have any interest in the purchase or sale of property by the city for the use or convenience of the schools. No contract made in violation of this section is valid. Any consideration paid by the city for a purchase or sale prohibited by this section may be recovered in an action at law in the name of the city. Any person violating this section shall be removed from any position held under this chapter.

AB615, s. 104 Section 104. 119.68 (1) of the statutes is amended to read:

AB615,45,10 119.68 (1) All claims against the city or board school district shall be audited for sufficiency of funds by the auditing officer of the city. The superintendent of schools shall furnish the auditing officer of the city a complete list of the claims. Before a warrant is issued therefor, the auditing officer of the city shall countersign it. Within 20 days after each regular or special meeting of the board Monthly, the superintendent of schools shall make and file with the auditing officer of the city statements of on the condition of the funds for the support of the schools and of the financial transactions of the board school district during the period next preceding any such statement.

AB615, s. 105 Section 105. 119.70 (1) of the statutes is renumbered 119.70 (1) (a) and amended to read:

AB615,45,22 119.70 (1) (a) The board superintendent of schools may establish and maintain for children and adults, in the school buildings and on the school grounds, evening schools, vacation schools, reading rooms, library stations, debating clubs, gymnasiums, public playgrounds, public baths and similar activities and accommodations to be determined by the board superintendent of schools. The board superintendent of schools may cooperate, by agreement, with other commissions or boards having the custody and management of public parks, libraries, museums and public buildings and grounds of whatever sort to provide the equipment, supervision, instruction and oversight necessary to carry on such public educational and recreational activities in and upon such other buildings and grounds.

AB615, s. 106 Section 106. 119.70 (1) (b) of the statutes is created to read:

AB615,46,7 119.70 (1) (b) The board may establish and maintain for adults, in the school buildings and on the school grounds, evening schools, vacation schools, reading rooms, library stations, debating clubs, gymnasiums, public playgrounds, public baths and similar activities and accommodations to be determined by the board. The board may cooperate, by agreement, with other commissions or boards having the custody and management of public parks, libraries, museums and public buildings and grounds of whatever sort to provide the equipment, supervision, instruction and oversight necessary to carry on such public educational and recreational activities in and upon such other buildings and grounds.

AB615, s. 107 Section 107. 119.70 (3) of the statutes is amended to read:

AB615,46,15 119.70 (3) The board superintendent of schools shall report to the common council on or before the first Monday in August of each year the amount of money required during the ensuing school year for the support of activities under sub. (1). The common council shall levy and collect a special tax in the manner that other taxes are levied and collected, equal to the amount of money so required for the activities. The tax shall not be used or appropriated, directly or indirectly, for any other purpose.

AB615, s. 108 Section 108. 119.70 (5) of the statutes is amended to read:

AB615,46,19 119.70 (5) Nothing in this section prohibits the board or the superintendent of schools from granting the use of school property to religious organizations under s. 120.13 (17).

AB615, s. 109 Section 109. 119.71 (3) of the statutes is amended to read:

AB615,47,2 119.71 (3) (a) Annually, the board superintendent of schools shall spend at least $5,090,000 to expand its the half-day 5-year-old kindergarten program to a full-day program, as provided under par. (b), and shall enroll in the expanded program only pupils who meet the income eligibility standards for a free lunch under 42 USC 1758 (b). The board superintendent of schools shall select pupils for the expanded program based on the order in which the pupils register for the program.

AB615,47,8 (b) The board superintendent of schools shall use the funds specified under par. (a) to pay the costs of teachers, aides and other support staff, transportation of staff to pupils' homes, in-service programs, parental involvement programs and instructional materials. The board superintendent of schools may not use the funds to provide facilities to house the program or to pay pupil transportation or indirect administrative costs associated with the program.

AB615, s. 110 Section 110. 119.73 of the statutes is amended to read:

AB615,47,16 119.73 Kindergarten programs. The board superintendent of schools shall evaluate the effectiveness of the expanded 5-year-old kindergarten programs under s. 119.71 in meeting the needs of disadvantaged children. Annually by January 1, the board superintendent of schools shall submit a report summarizing its his or her findings to the state superintendent and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

AB615, s. 111 Section 111. 119.74 (intro.) of the statutes is amended to read:

AB615,47,20 119.74 Extended-day elementary grade, 4-year-old kindergarten and alcohol and other drug abuse programs. (intro.) The board superintendent of schools shall spend at least $430,000 for the following programs in each school year:

AB615, s. 112 Section 112. 119.75 of the statutes is amended to read:

AB615,47,24 119.75 First grade programs. (1) The board superintendent of schools shall provide expanded educational opportunities for first grade pupils who have participated in an expanded 5-year-old kindergarten program under s. 119.71.

AB615,48,7 (2) Annually, the board superintendent of schools shall spend at least $1,070,000 to pay the costs of teachers, aides and other support staff, transportation of staff to pupils' homes, in-service programs, parental involvement programs and instructional materials related to the programs under sub. (1). The board superintendent of schools may not use the funds to provide facilities to house the programs under sub. (1) or to pay pupil transportation or indirect administrative costs associated with the programs under sub. (1).

AB615, s. 113 Section 113. 119.78 of the statutes is amended to read:

AB615,48,13 119.78 Family resource center. The board superintendent of schools shall establish a family resource center to distribute parent education materials, conduct workshops on child development, facilitate communication between school personnel and parents of pupils enrolled in the school district and provide volunteer opportunities for parents within the schools.

AB615, s. 114 Section 114. 119.82 (1m) (intro.) of the statutes is amended to read:

AB615,48,18 119.82 (1m) (intro.) Upon the request of the child or the child's parent or guardian, the board superintendent of schools shall provide an alternative educational program for any child who resides in the city and satisfies all of the following:

AB615, s. 115 Section 115. 119.90 of the statutes is created to read:

AB615,48,24 119.90 Referendum; effect of adoption. (1) There shall be submitted to the electors of the city of Milwaukee at the April 2017 spring election the following question: "Shall the law be changed so that the board of directors of the Milwaukee Public Schools is in charge of the public schools in the city and appoints the superintendent of schools?"

AB615,49,4 (2) The chairperson of the government accountability board or the chairperson's designee shall certify the result of the referendum to the secretary of administration. If the question is adopted, beginning on the day after the certification, all of the following apply:

AB615,49,7 (a) Notwithstanding ss. 119.02 (1) and (4), 119.04 (2), 119.16 (1m) and (2), and 119.18 (1g) and (1r), the board is in charge of the school district operating under this chapter and s. 119.44 (4) does not apply.

AB615,49,11 (b) Notwithstanding s. 119.32 (1) and (7), the board shall appoint the superintendent of schools, and the superintendent of schools acts under the direction of the board, and the superintendent of schools may be removed from office as provided in s. 119.36, 2007 stats.

AB615,49,15 (c) Notwithstanding ss. 40.02 (41) and (55) (b), 63.235, 63.36 (2), 63.53, 111.70 (4) (m) 1., 2., and 4., 118.22 (1) (b), 119.16 (6), 119.18 (10), (12), and (13), 119.28 (2), the board may employ and determine the qualifications, duties, and compensation of all school district staff.

AB615,49,19 (d) Notwithstanding ss. 24.66 (3) (a) and (5) (a), 66.1333 (5r) (b) 1. a. and (55) (a), 119.16 (3) (c), 119.49, 119.498, and 119.499, the board may apply for loans and request the issuance of bonds and promissory notes and the prohibition in s. 119.18 (25) applies to the board.

AB615,49,22 (e) Notwithstanding s. 119.04 (1), all powers conferred and duties imposed upon a school board in the statutory sections specified in that subsection are conferred or imposed upon the board.

AB615,50,2 (f) Notwithstanding s. 119.18 (24), the city attorney is the legal advisor of and attorney for the board; the superintendent of schools may not retain an attorney; the board may retain an attorney in the circumstances specified for the superintendent of schools; and s. 119.14 (13) does not apply.

AB615,50,6 (g) Notwithstanding ss. 119.16 (8) (a) and (b), 119.46 (1), 119.47 (1), 119.48 (1), (2), and (4) (a), 119.485, and 119.70 (3), the board formulates the budget and submits it to the common council; s. 119.16 (8) (am) does not apply; and the budget committee under s. 119.53 is terminated.

AB615,50,9 (h) Notwithstanding ss. 111.70 (4) (m) 1., 2., and 4. and 119.16 (11) (a), the board is in charge of collective bargaining on behalf of the school district, and the prohibition in s. 119.16 (11) (b) applies to the board.

AB615,50,11 (i) Notwithstanding s. 119.18 (23) (a), the board has the powers conferred upon the superintendent of schools in that paragraph, and s. 119.18 (23) (b) does not apply.

AB615,50,14 (j) Notwithstanding s. 120.13 (1) (b) 1., neither the superintendent of schools nor any person designated by the superintendent of schools may make rules without consent of the board.

AB615,50,16 (k) The board has the powers and duties given to the superintendent of schools in ss. 119.25 (1) and (2) (a) (intro.), (b), and (d) 2., relating to pupil expulsion.

AB615,50,18 (L) Notwithstanding s. 119.14 (6), the board need not provide the superintendent of schools with a summary of comments received at a board meeting.

AB615,50,20 (m) Notwithstanding s. 119.16 (10), the prohibitions in that subsection apply equally to the board.

AB615,50,22 (n) Notwithstanding s. 119.14 (4), the board may exercise the powers in that subsection without the involvement of the superintendent of schools.

AB615,50,24 (o) Notwithstanding s. 119.42 (1m), the board has the powers and duties given to the superintendent of schools in that subsection.

AB615,51,3 (p) 1. The superintendent of schools on April 4, 2017, may continue to hold that office and exercise the powers and duties of that office until his or her successor is appointed by the board and qualifies.

AB615,51,6 2. The employment of the person holding the position of superintendent of schools on April 4, 2017, terminates on the date that his or her successor is appointed by the board and qualifies.

AB615, s. 116 Section 116. 120.115 (1) of the statutes is amended to read:

AB615,51,13 120.115 (1) (a) Within 10 days after adopting a resolution that authorizes the school board to incur debt, or that authorizes within 10 days of issuing a written communication to the common council of a 1st class city that authorizes it to incur debt on behalf of the school district operating under ch. 119, the school board or superintendent of schools shall notify the department of the scheduled date of the referendum and submit a copy of the resolution to the department.

AB615,51,18 (b) Within 10 days after holding a referendum that would authorize the school district to incur debt or that would authorize the common council of a 1st class city to incur debt on behalf of the school district operating under ch. 119, the school board or superintendent of schools shall notify the department of the approval or rejection of the referendum.

AB615, s. 117 Section 117. 120.13 (1) (b) 1. of the statutes is amended to read:

AB615,52,2 120.13 (1) (b) 1. In addition to rule-making authority granted school boards under par. (a), the school district administrator, or any principal or teacher designated by the school district administrator, may make rules with the consent of the school board, except that the superintendent of schools in a school district operating under ch. 119, or any principal or teacher designated by the superintendent of schools, may make rules without the consent of the board of school directors.

AB615, s. 118 Section 118. 120.13 (17) of the statutes is amended to read:

AB615,52,17 120.13 (17) Temporary use of school property. Grant the temporary use of school grounds, buildings, facilities, or equipment, upon such conditions, including fees not to exceed actual costs, as determined by the school board, to any responsible person for any lawful nonschool purpose if such use does not interfere with use for school purposes or school-related functions. Fees received under this subsection shall be paid into the school district treasury and accounted for as prescribed under s. 115.28 (13). The user shall be primarily liable, and the school board secondarily liable, for any damage to property and for any expense incurred in consequence of any use of school grounds, buildings, facilities, or equipment under this subsection. In the school district operating under ch. 119, both the board and the superintendent of schools have the authority granted to the school board under this subsection, and the school district is secondarily liable for damage to property and for any expense incurred in consequence of any use of school grounds, buildings, facilities, or equipment under this subsection.

AB615, s. 119 Section 119. 120.14 (1) of the statutes is amended to read:

AB615,53,4 120.14 (1) At the close of each fiscal year, the school board of each school district shall employ a licensed accountant to audit the school district accounts and certify the audit. The audit shall include information concerning the school district's self-insurance plan under s. 120.13 (2) (b), as specified by the commissioner of insurance. If required by the state superintendent under s. 115.28 (18), the audit shall include an audit of the number of pupils reported for membership purposes under s. 121.004 (5). The cost of the audit shall be paid from school district funds. The superintendent of schools of a school district operating under ch. 119 shall provide a copy of the audit to the budget committee under s. 119.53. Annually by September 15, the school district clerk shall file a financial audit statement with the state superintendent.

AB615, s. 120 Section 120. 121.137 (1) (a) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

AB615, s. 121 Section 121. 121.137 (1) (c) of the statutes is created to read:

AB615,53,9 121.137 (1) (c) "Superintendent of schools" means the superintendent of schools of the school district operating under ch. 119.

AB615, s. 122 Section 122. 121.137 (2) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB615,53,14 121.137 (2) Annually, the department shall calculate the amount of the state aid reduction under s. 121.08 (4) (b) 2. in the current school year and shall notify the board superintendent of schools, in writing, of the result.

AB615, s. 123 Section 123. 121.137 (3) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB615,53,22 121.137 (3) From the appropriation under s. 20.255 (2) (ac), annually the department shall pay the amount calculated under sub. (2) to the city in installments according to the schedule used by the board school district operating under ch. 119 for the distribution of state aid under s. 121.15 (1) or (1g). The city shall pay an amount equal to the amount received under this subsection to the board school district operating under ch. 119.

AB615, s. 124 Section 124. 121.85 (6) (am) 1. a. of the statutes is amended to read:

AB615,54,3 121.85 (6) (am) 1. a. Subtract from 75% the percentage of pupils whose parents or guardians have provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB615, s. 125 Section 125. 121.85 (6) (am) 2. a. of the statutes is amended to read:

AB615,54,7 121.85 (6) (am) 2. a. Subtract from 80% the percentage of pupils whose parents or guardians have provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB615, s. 126 Section 126. 121.85 (6) (am) 3. a. of the statutes is amended to read:

AB615,54,11 121.85 (6) (am) 3. a. Subtract from 90% the percentage of pupils whose parents or guardians have provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB615, s. 127 Section 127. 121.85 (6) (am) 4. a. of the statutes is amended to read:

AB615,54,15 121.85 (6) (am) 4. a. Subtract from 95% the percentage of pupils whose parents or guardians have provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB615, s. 128 Section 128. 121.85 (6) (am) 5. of the statutes is amended to read:

AB615,54,19 121.85 (6) (am) 5. In the 2004-05 school year, the number of pupils whose parents or guardians have not provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB615, s. 129 Section 129. 121.85 (6) (am) 6. a. of the statutes is amended to read:

AB615,54,23 121.85 (6) (am) 6. a. Subtract from 95% the percentage of pupils whose parents or guardians have provided the board of school directors superintendent of schools with written consent to a pupil transfer to another attendance area.

AB615, s. 130 Section 130. 121.85 (6m) of the statutes is amended to read:

AB615,55,13 121.85 (6m) Use of aid for lease or loan payments. If the board of directors superintendent of schools of the school district operating under ch. 119 leases buildings or sites from the redevelopment authority of the city or borrows money from the redevelopment authority of the city under s. 119.16 (3) (c), it he or she may use intradistrict transfer aid under sub. (6) to make lease payments or repay the loan. If the board of school directors superintendent of schools decides to use the aid to make lease payments or repay the loan, it he or she may request the department to remit the intradistrict transfer aid under sub. (6) to the redevelopment authority of the city of Milwaukee in an annual amount agreed to by the board of school directors superintendent of schools and the department, and the department shall ensure that the aid remittance does not affect the amount determined to be received by the board of school directors school district operating under ch. 119 as state aid under s. 121.08 for any other purpose.

AB615, s. 131 Section 131. 121.87 (3) of the statutes is amended to read:

AB615,55,19 121.87 (3) In addition to the report under sub. (1), annually by May 1 the board of school directors superintendent of schools of the school district operating under ch. 119 shall submit a report to the legislature under s. 13.172 (2) that specifies the number, percentage, race, sex, grade and attendance area of pupils transferred outside their attendance area without written consent under s. 121.85 (6) (am).

AB615, s. 132 Section 132. 200.23 (2) (a) 6. of the statutes is amended to read:

AB615,55,22 200.23 (2) (a) 6. Members of the board of school directors in charge of the public schools of the a 1st class city school district.

AB615, s. 133 Section 133. Nonstatutory provisions.

AB615,55,24 (1) Mayoral appointments.

AB615,56,3 (a) The mayor of a 1st class city shall make the appointment under section 119.32 (1) of the statutes, as affected by this act, within 90 days after the effective date of this paragraph.

AB615,56,6 (b) The mayor of a 1st class city shall make the appointments under section 119.53 (1) (d) of the statutes, as created by this act, within 90 days after the effective date of this paragraph.