AB669: Bill Text

2009 - 2010 LEGISLATURE

2009 Assembly BILL 669

January 22, 2010 - Introduced by Representatives Grigsby, Sinicki, A. Williams, Kessler, Turner, Mason and Toles, cosponsored by Senator Coggs. Referred to Committee on Rules.

AB669,2,2 An Act to repeal 5.58 (1g) (b), 8.11 (2m) (title), 119.06 (3) (intro.) and (a) and 119.07; to renumber 5.60 (4) (b) and 119.23 (11); to renumber and amend 8.11 (2m) and 119.06 (3) (b); to amend 5.58 (1g) (c), 5.58 (2), 5.58 (3), 8.10 (3) (i), 8.15 (5) (a), 17.26 (2), 119.06 (2), 119.06 (4) (b), 119.06 (4) (c) and (d), 119.06 (5) and (6), 119.08 (1) (a) and (b), 119.08 (2) and (3), 119.08 (4), 119.10 (1), 119.10 (2) and 121.02 (3); to repeal and recreate 119.32 (1); and to create 5.62 (4m), 5.64 (4) (title), 8.15 (6) (f), 20.255 (3) (cm), 77.70 (5), 119.07, 119.11, 119.16 (1c), 119.16 (3m), 119.16 (7), 119.16 (9), 119.16 (11), 119.16 (12), 119.16 (13), 119.16 (14), 119.16 (15), 119.16 (16), 119.185, 119.23 (11) (b), 119.31, 119.315, 119.32 (8), 119.43, 119.475, 119.76 and 119.77 of the statutes; relating to: the governance, and election of members of the board of school directors, of a first class city school district, and tenure for school principals.

Analysis by the Legislative Reference Bureau

Election of members of the board of school directors

Currently, the board of school directors in first class cities (of which Milwaukee is the only one) consists of eight members elected from election districts that must be approximately equal in population, and one member elected from the city at large. Members are elected on a nonpartisan ballot at the spring election. Board members serve for four-year terms. The terms of office of five members of the board expire on the fourth Monday in April 2011, and the terms of office of four members of the board expire on the fourth Monday in April 2013.

This bill provides instead for the board of school directors to be elected on a nonpartisan ballot at the general (November) election. Under the bill, all members are elected from election districts that must be substantially equal in population.

To effect the change, the bill provides for the terms of the four members whose terms expire in April 2013, to expire in November 2012, and the terms of the five members who are elected to replace the five members whose terms expire in April 2011, to expire in November 2014. The bill provides for four new members to be elected for four-year terms at the general election in November 2012, and five new members to be elected for four-year terms at the general election in November 2014. The bill provides for initial election districts to be drawn by the board of school directors in accordance with the 2010 federal decennial census.

Currently, a vacancy in the membership of the board of school directors in a first class city is filled by special election for the unexpired term. Under this bill, a vacancy may be filled by temporary appointment of the mayor until a special election can be held to fill the vacancy on a permanent basis. The bill provides, however, that the mayor must submit any temporary appointment to the board of school directors, which may reject the appointment with a vote of at least two-thirds of the current membership.

Currently, the board of school directors elects officers at its annual organizational meeting, which is held between the fourth Monday in April and the first Monday in May. This bill provides for the organizational meeting to be held between the first Monday in December and the third Monday in December, and provides for the officers elected at an organizational meeting to be held in the spring of 2012 to serve until an organizational meeting is held in December of 2012.

Governance

Currently, a first class city school district is governed by a board of school directors. The board appoints the superintendent of schools, who is the administrative head of the school district.

This bill establishes a superintendent search advisory committee. The committee must select one applicant to recommend to the mayor and the board must select three applicants to recommend to the mayor. The mayor must select a candidate from the three recommended by the board to recommend to the board. The board must select a superintendent of schools from the three that it recommended to the mayor. The mayor may veto the board's selection. If he or she does so, the board may override the veto by a two-thirds vote of the board's membership.

Currently, the board of school directors formulates the school district budget and transmits it to the common council. The common council levies a property tax in the city equal to the amount required by the board.

This bill directs the common council, upon receipt of the board's budget, to transmit it to the mayor. If the state superintendent of public instruction has determined that MPS was in need of improvement for the previous four school years, the mayor may veto the budget in whole or in part. The board may override the mayor's veto by a two-thirds vote of the board's membership.

The bill directs the board of school directors to ensure that a school governance council is established for each school. Each council consists of parents of pupils enrolled in the school, the school principal, one pupil enrolled in the school in grade 6 or higher, one teacher or support staff member employed at the school, and at least one resident of the city who is not otherwise qualified to be a council member. The council may make recommendations for the improvement of school policies, curricula, and educational plans and the well-being of pupils. The council may also direct the school principal to attend a professional development and training program.

Other MPS changes

The bill makes a number of other changes in the laws governing first class city school districts, including the following:

1. The bill establishes a partnership for success committee to foster collaboration between the school district and the city. The committee consists of the mayor, the president of the common council, the school board president, and the superintendent of schools. Within one year after the bill's effective date, the committee must develop a plan for addressing the unfunded liability of the school district.

2. The bill requires the board to create a parent involvement committee to handle parent issues and complaints and foster parental involvement in the schools.

3. The bill authorizes the board to grant tenure to school principals who are appointed after the bill's effective date and successfully complete two consecutive three-year contracts. The bill requires the board to establish a professional development and training program for principals and authorizes the board to direct principals to attend the program.

4. The bill requires the board to evaluate all school buildings and develop a master plan governing their use, repair, renovation, and demolition.

5. The bill directs the board to prepare a budget for each school. In addition, the board must submit quarterly financial reports to the state superintendent of public instruction, the joint committee on finance, the mayor, the city comptroller, and the personnel and finance committee of the common council. In addition, the board must post the reports on its Web site.

6. The bill requires the board to designate at least two schools as transition campuses and provide for the assignment of disruptive high school pupils to a transition campus.

7. The bill directs the board to work with the common council, community agencies, public agencies, and nonprofit charitable organizations to plan for the establishment of promise neighborhoods in the city in which various educational and social services would be available free of charge.

8. The bill provides that if the sales tax rate in the city of Milwaukee is increased for transit purposes, the fare for public transit for a public school pupil must be at least one-third less than the regular adult fare. The bill also requires the board to ensure that public school pupils enrolled in middle school are able to be transported to and from school via public transit at a reduced fare.

9. The bill requires the board to report to the common council any unsecured bonding authority allocated to the board under the federal American Recovery and Reinvestment Act of 2009. The bonding authority must be assigned to the Department of Public Instruction (DPI) for reallocation to school districts in which all of the following apply: 1. at least 50 percent of the enrollment is eligible for free or reduced-price lunch; 2. the school board has identified schools requiring significant maintenance or improvements; and 3. the school board has proposed improvements to the schools that are cost-effective, technically feasible, and meet green building performance standards.

10. The bill directs the board to conduct a survey of parents of enrolled pupils and use it to develop or modify parent involvement and school improvement plans. The board must also annually administer a survey to parents of pupils who were enrolled in the Milwaukee Parental Choice Program (MPCP) and who are enrolling in a public school. Each private school participating in the MPCP must administer a survey to parents of pupils who were enrolled in public school and who are enrolling in the private school. The results must be submitted to DPI, the joint committee on finance, and appropriate standing committees of the legislature.

11. The bill requires the board to provide each 11th grade pupil with the opportunity to take the ACT test.

12. The bill requires the board to establish minimum standards for literacy and mathematics curricula.

13. The bill provides that if state or federal aid is available, the board may use the funds to reduce class size to no more than 20 in 9th grade classes. In addition, if state or federal aid is available, the board may fund a pilot program designed to develop innovative instructional programs in science, technology, engineering, and mathematics.

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:

AB669, s. 1 Section 1. 5.58 (1g) (b) of the statutes is repealed.

AB669, s. 2 Section 2. 5.58 (1g) (c) of the statutes is amended to read:

AB669,5,8 5.58 (1g) (c) The arrangement of candidates for school board seats shall be determined by the school district clerk or the executive director of the city board of election commissioners by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. The method of determining arrangement shall be the same as provided in s. 5.60 (1) (b). Sufficient space shall be provided on the ballot for write-in candidates.

AB669, s. 3 Section 3. 5.58 (2) of the statutes is amended to read:

AB669,5,20 5.58 (2) State superintendent of public instruction; judiciary; county executive; and county supervisors. There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17 and county supervisor, except as authorized in s. 5.655. In counties having a population of 500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge and circuit court judge shall be determined by the board in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b).

AB669, s. 4 Section 4. 5.58 (3) of the statutes is amended to read:

AB669,6,12 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent, for any judicial office, for any elected seat on a metropolitan sewerage commission or town sanitary district commission, in counties having a population of 500,000 or more only 2 candidates for member of the board of supervisors within each district, in counties having a population of less than 500,000 only 2 candidates for each member of the county board of supervisors from each district or numbered seat or only 4 candidates for each 2 members of the county board of supervisors from each district whenever 2 supervisors are elected to unnumbered seats from the same district, in 1st class cities only 2 candidates for any at-large seat and only 2 candidates from any election district to be elected to the board of school directors, in school districts electing school board members to numbered seats, or pursuant to an apportionment plan or district representation plan, only 2 school board candidates for each numbered seat or within each district, and twice as many candidates as are to be elected members of other school boards or other elective officers receiving the highest number of votes at the primary shall be nominees for the office at the spring election. Only their names shall appear on the official spring ballot.

AB669, s. 5 Section 5. 5.60 (4) (b) of the statutes is renumbered 5.64 (4).

AB669, s. 6 Section 6. 5.62 (4m) of the statutes is created to read:

AB669,6,17 5.62 (4m) (a) In 1st class cities, there shall be a separate ballot for school district officers when so required, giving the names of the candidates for any seat to be filled on the board of school directors.

AB669,6,22 (b) The arrangement of the names of the candidates for seats on the board of school directors shall be determined by the executive director of the city board of election commissioners by the drawing of lots not later than the 3rd Tuesday in July. The method of determining arrangement shall be the same as provided in s. 5.60 (1) (b). Sufficient space shall be provided on the ballot for write-in candidates.

AB669,7,2 (c) Only the 2 candidates for election to the board of school directors receiving the highest numbers of votes within each election district at the primary shall be nominees for the board of school directors at the general election. Only their names shall appear on the official general election ballot.

AB669, s. 7 Section 7. 5.64 (4) (title) of the statutes is created to read:

AB669,7,4 5.64 (4) (title) First class city school board.

AB669, s. 8 Section 8. 8.10 (3) (i) of the statutes is amended to read:

AB669,7,10 8.10 (3) (i) For city offices in 1st class cities, not less than 1,500 nor more than 3,000 electors for city-wide offices, not less than 200 nor more than 400 electors for alderpersons elected from aldermanic districts and not less than 400 nor more than 800 electors for members of the board of school directors elected from election districts.

AB669, s. 9 Section 9. 8.11 (2m) (title) of the statutes is repealed.

AB669, s. 10 Section 10. 8.11 (2m) of the statutes is renumbered 8.15 (9) and amended to read:

AB669,7,16 8.15 (9) A primary shall be held in 1st class cities concurrently with the September primary whenever there are more than 2 candidates for member of the board of school directors at-large or from any election district in any year.

AB669, s. 11 Section 11. 8.15 (5) (a) of the statutes is amended to read:

AB669,7,19 8.15 (5) (a) Each Except as provided in ss. 119.06 (4) (c) and 119.08 (2), each nomination paper shall have substantially the following words printed at the top:

AB669,8,3 I, the undersigned, request that the name of (insert candidate's last name plus first name, nickname or initial, and middle name, former legal surname, nickname or middle initial or initials if desired, but no other abbreviations or titles) residing at (insert candidate's street address) be placed on the ballot at the (general or special) election to be held on (date of election) as a candidate representing the (name of party) so that voters will have the opportunity to vote for (him or her) for the office of (name of office). I am eligible to vote in (name of jurisdiction or district in which candidate seeks office). I have not signed the nomination paper of any other candidate for the same office at this election.

AB669, s. 12 Section 12. 8.15 (6) (f) of the statutes is created to read:

AB669,8,6 8.15 (6) (f) In 1st class cities, not less than 200 nor more than 400 electors for member of the board of school directors elected from an election district.

AB669, s. 13 Section 13. 17.26 (2) of the statutes is amended to read:

AB669,8,10 17.26 (2) In a 1st class city school district, by temporary appointment of the mayor which shall continue until the vacancy is filled by special election as provided under s. 119.08 (4).

AB669, s. 14 Section 14. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB669, s. 15 Section 15. 20.255 (3) (cm) of the statutes is created to read:

AB669,8,17 20.255 (3) (cm) Transition campus partnership. The amounts in the schedule for a grant to a local civic organization or nonprofit corporation that has partnered with a transition campus under s. 119.16 (16) to provide comprehensive services to pupils attending the transition campus.

AB669, s. 16 Section 16. 77.70 (5) of the statutes is created to read:

AB669,9,3 77.70 (5) If the sales and use tax rate imposed in the city of Milwaukee is increased for transit purposes, the fare for public transit for a pupil who attends public school in the city shall be at least one-third less than the regular adult fare.

AB669, s. 17 Section 17. 119.06 (2) of the statutes is amended to read:

AB669,9,14 119.06 (2) Within 120 days after the date on which a city becomes a 1st class city, the mayor, the city treasurer, the city comptroller, the city attorney and the president of the common council of that city, acting as a commission for the city, shall meet and appoint a board of one at-large member and 8 9 members from, one of each of whom shall represent 9 election districts numbered and designated by the common council. The election districts shall be substantially equal in population and the boundaries of the election districts shall be drawn so as to reflect a balanced representation of citizens of all areas within the city. The person appointed to represent an election district shall reside within the boundaries of the that election district as determined by the common council under this subsection.

AB669, s. 18 Section 18. 119.06 (3) (intro.) and (a) of the statutes are repealed.

AB669, s. 19 Section 19. 119.06 (3) (b) of the statutes is renumbered 119.06 (3) and amended to read:

AB669,9,25 119.06 (3) Four of the combined aldermanic district Except as provided in sub. (4), the members first appointed to the board by the commission shall serve for a term terms beginning on the 4th Monday of the month next following their appointment and. The 5 members representing the odd-numbered election districts shall be appointed for terms expiring on the 4th first Monday in April in December of the 4th first odd-numbered year following the year in which a city becomes a 1st class city and the 4 members representing the even-numbered election districts shall be appointed for terms expiring on the first Monday in December of the 2nd odd-numbered year following the year in which a city becomes a city of the 1st class city.

AB669, s. 20 Section 20. 119.06 (4) (b) of the statutes is amended to read:

AB669,10,9 119.06 (4) (b) The board members elected at the special election shall be nominated and elected to succeed the board members appointed for the terms expiring under sub. (3) (a) and (b) (2) and for the same terms. The terms of office of the board members appointed under sub. (2) shall expire on the 4th Monday following the special election. The terms of office of the board members elected at the special election shall begin on the 4th Monday following the special election.

AB669, s. 21 Section 21. 119.06 (4) (c) and (d) of the statutes are amended to read:

AB669,10,13 119.06 (4) (c) Candidates for the board at the special election shall be nominated in the same manner as for the spring general election, except that the nomination paper format under s. 8.10 (2) (b) shall apply.

AB669,10,15 (d) The special election shall be held at the polling places and shall be conducted in the manner of and by the election officials for the spring general election.

AB669, s. 22 Section 22. 119.06 (5) and (6) of the statutes are amended to read:

AB669,10,21 119.06 (5) The board first appointed under sub. (2) or first elected at a special election under sub. (4) shall hold an organizational meeting under s. 119.10 (2) on the 4th Monday of the month following its appointment or election, or the next day if the 4th Monday is a legal holiday, following their appointment or election, and annually thereafter shall meet in accordance with s. 119.10 (2).

AB669,10,24 (6) Successors to board members appointed under sub. (3) (2) or elected under sub. (4) shall be elected at the spring general election immediately preceding the expiration of the terms of such board members and shall serve for 4-year terms.

AB669, s. 23 Section 23. 119.07 of the statutes is created to read:

AB669,11,8 119.07 Revised method of election of board; transitional provisions. (1) Notwithstanding s. 119.08 (1) to (3), in each 1st class city in existence on the effective date of this subsection .... [LRB inserts date], members of the board of school directors whose terms expire on the 4th Monday in April, 2013, shall serve for terms expiring on the first Monday in December, 2012, and members of the board of school directors of each such city who are elected at the spring election to be held in April 2011, to succeed those members whose terms expire on the 4th Monday in April, 2011, shall serve for terms expiring on the 1st Monday in December, 2014.

AB669,11,15 (2) At the general election to be held in November 2012, there shall be elected in each 1st class city in existence on the effective date of this subsection .... [LRB inserts date], 4 members of the board of school directors, who shall be elected from even-numbered election districts prescribed under s. 119.08 (1) (b). At the general election to be held in November 2014, there shall be elected in each such city 5 members of the board of school directors who shall be elected from odd-numbered election districts prescribed under s. 119.08 (1) (b).