DE9 AB2: Bill Text

December 16, 2009 - Introduced by Committee on Assembly Organization, by request of Governor James E. Doyle. Referred to Committee on Rules.

AB2,2,15 An Act to repeal 119.36 and 121.137 (1) (a); to renumber 119.18 (2) and 119.18 (11); to renumber and amend 119.12 (4), 119.12 (6), 119.18 (15) and 119.70 (1); to amend 16.70 (8), 24.66 (3) (a), 24.66 (5) (a), 38.08 (1g), 40.02 (41), 40.02 (55) (b), 63.235, 63.36 (2), 63.53, 66.0217 (8) (c), 66.0901 (1) (a), 66.1333 (5r) (b) 1. (intro.) and a., 66.1333 (5s) (a), 111.70 (4) (m) 1., 111.70 (4) (m) 4., 115.001 (7), 115.001 (8), 115.98, 118.22 (1) (b), 119.02 (1), 119.04 (1), 119.04 (2), 119.10 (2), 119.16, 119.18 (title), (1g) and (1r), 119.18 (3) to (5), (6) (intro.) and (b) and (7) to (10), 119.18 (12), (13) (intro.), (b) and (c) and (14), 119.18 (16) to (22), 119.19, 119.23 (4r) (intro.), 119.23 (6), 119.23 (7) (b) 7. a., 119.235 (1), 119.235 (2) (intro.) and (b), 119.235 (2) (d), 119.235 (2) (e) 2., 119.235 (2) (f), 119.235 (3), 119.235 (4), 119.235 (5), 119.24, 119.245 (2), 119.245 (3), 119.245 (4), 119.25 (1) and (2) (a) (intro.), (b) and (d) 2., 119.26, 119.28 (1), 119.28 (2), 119.28 (3), 119.28 (4), 119.30, 119.32 (1), 119.32 (2) (intro.), 119.32 (3), 119.32 (4), 119.32 (5), 119.32 (6), 119.32 (7), 119.40, 119.42 (1m), 119.42 (2), 119.44 (title), 119.44 (1), 119.44 (2) (intro.), 119.44 (2) (a) 3., 119.46 (1), 119.47, 119.48 (1), 119.48 (2) (intro.), 119.48 (2) (a), 119.48 (4) (a), 119.485, 119.49 (1) (a), 119.49 (2), 119.49 (3), 119.495 (2), 119.496 (2), 119.496 (6) (b), 119.498 (1), 119.498 (2), 119.499, 119.50 (2), 119.55, 119.60, 119.66, 119.68 (1), 119.70 (3), 119.70 (5), 119.71 (3), 119.73, 119.74 (intro.), 119.75, 119.78, 119.82 (1m) (intro.), 120.115 (1), 120.13 (1) (b) 1., 120.13 (17), 120.14 (1), 121.137 (2), 121.137 (3), 121.85 (6) (am) 1. a., 121.85 (6) (am) 2. a., 121.85 (6) (am) 3. a., 121.85 (6) (am) 4. a., 121.85 (6) (am) 5., 121.85 (6) (am) 6. a., 121.85 (6m), 121.87 (3) and 200.23 (2) (a) 6.; to repeal and recreate 111.70 (4) (m) 2. and 119.18 (23); and to create 20.255 (3) (cs), 115.28 (53), 119.02 (4), 119.14 (title), (1), (2) and (6) to (13), 119.14 (15), 119.16 (8) (am), 119.16 (11), 119.44 (4), 119.53, 119.70 (1) (b), 119.90 and 121.137 (1) (c) of the statutes; relating to: the powers and duties of the board of school directors and the superintendent of schools in a first class city school district, awarding a grant to a nonprofit corporation, requiring a referendum, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, a 1st class city school district (currently only the Milwaukee Public Schools, or MPS) is governed by an elected board of school directors. The board consists of nine members, eight of whom are elected from numbered election districts and one of whom is elected at large. Members are elected at the spring election and serve four-year terms. The board appoints the superintendent of schools. The board may remove the superintendent of schools for a misdemeanor in office, incompetency, or inattention to the duties of office.

This bill directs the mayor of the city of Milwaukee to appoint a superintendent of schools to serve at the mayor's pleasure. Under the bill, the superintendent of schools is in charge of MPS and most of the powers and duties of the board of school directors are transferred to the superintendent of schools, including the appointment of all staff, the formulation of the annual school budget, collective bargaining, school closings, and the determination of the school calendar. The board retains the authority to expel pupils from school, although the bill transfers the authority to suspend pupils to the superintendent of schools. In addition, the bill allows the superintendent, in any school year, to permit an independent hearing panel or officer appointed by the superintendent to determine pupil expulsion instead of the board. The board, however, still hears appeals of expulsion orders.

The bill provides that the city attorney is the legal advisor to the superintendent of schools, although the superintendent may retain an attorney under certain circumstances. The board may retain an attorney only if the city attorney approves.

The bill prohibits the superintendent of schools from entering into a contract with an organization that is not a labor organization if the contract specifies the wages, hours, or conditions of employment of any school district employees. A labor organization is an employee organization that exists for the purpose of collective bargaining with municipal employees.

The bill creates a budget committee to advise the superintendent of schools on the formulation of the school budget. The committee consists of the city comptroller, the president of the common council, the president of the board of school directors, the state superintendent of public instruction, and three members appointed by the mayor.

The bill requires that a binding referendum be held in the city of Milwaukee at the April 2017 spring election. The question asked voters will be whether the board of school directors shall be in charge of MPS and appoint the superintendent of schools. If a majority of the voters vote "Yes," the board of school directors is once again in charge of MPS, the term of the superintendent of schools appointed by the mayor is terminated, and the board of school directors appoints a superintendent of schools to act under the board's direction.

Beginning in the 2011-12 school year, the bill directs the state superintendent of public instruction annually to award a grant to a non-profit corporation that jointly with a local governmental unit or state agency provides comprehensive services to improve the education, health, and economic opportunities of children residing in the city of Milwaukee.

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:

AB2, s. 1 Section 1. 16.70 (8) of the statutes is amended to read:

AB2,3,5 16.70 (8) "Municipality" means a county, city, village, town, school district, board of school directors, sewer district, drainage district, technical college district or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts.

AB2, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB2, s. 3 Section 3. 20.255 (3) (cs) of the statutes is created to read:

AB2,4,5 20.255 (3) (cs) Comprehensive services. The amounts in the schedule for the grant to provide comprehensive services to children under s. 115.28 (53).

AB2, s. 4 Section 4. 24.66 (3) (a) of the statutes is amended to read:

AB2,5,2 24.66 (3) (a) For long-term loans by common, union high and 1st class city school districts. Every application for a loan, the required repayment of which exceeds 10 years, shall be approved and authorized for a common, union high or 1st class city school district by a vote of a majority of its legal voters voting on this question. If the vote is taken at a special meeting the objects thereof shall be clearly stated in the notice of the meeting. The application shall state the facts in detail respecting the holding of the meeting, and the taking and the result of the vote required. The In a common or union high school district, the application shall be signed by a majority of the members of the district school board and verified by the clerk. In a 1st class city school district, the application shall be signed by the superintendent of schools. The statement accompanying the application shall contain a correct map or plat of the district. If the district is a joint district, the statement accompanying the application shall show the assessed valuation in its several parts separately, so that the valuation of each part of the district which lies in each town or municipality may be readily shown.

AB2, s. 5 Section 5. 24.66 (5) (a) of the statutes is amended to read:

AB2,5,24 24.66 (5) (a) Every application for a loan under this section by a municipality shall be accompanied by a certified copy under the hand of the proper clerk of a recorded resolution adopted by the municipality applying for or approving the loan, levying, except as provided in par. (b), upon all the taxable property of the municipality a direct annual tax for the purpose of paying and sufficient to pay the principal and interest on the proposed loan as they become due. In a 1st class city school district, the application shall be accompanied by a certified copy of a resolution, adopted by the board of school directors sworn affidavit by the superintendent of schools, stating that it is the intention of the board of school directors superintendent of schools to include in its his or her budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of money necessary to pay the principal and interest on the loan as they become due. Every application for a loan under this subsection by a cooperative educational service agency shall be accompanied by a copy of a recorded resolution adopted by the school board of each school district for which the loan is sought, certified by the school district clerk of that school district, levying upon all taxable property of the school district a direct annual tax for the purpose of paying and sufficient to pay the school district's share of the principal and interest on the proposed loan as they become due. The levy imposed by the municipality shall be void if the board declines to make the loan; otherwise it shall remain valid and irrepealable until the loan and all interest on the loan are fully paid.

AB2, s. 6 Section 6. 38.08 (1g) of the statutes is amended to read:

AB2,6,6 38.08 (1g) The appointment committee for a district board that governs a district encompassing a 1st class city shall include 4 additional members designated by the board of school directors in charge superintendent of schools of the public schools of the 1st class city. The additional members shall be appointed so as to reflect, to the extent possible, the distribution of women and minorities within the 1st class city.

AB2, s. 7 Section 7. 40.02 (41) of the statutes is amended to read:

AB2,6,10 40.02 (41) "Milwaukee teacher" means any teacher employed by the board of school directors of the city of Milwaukee superintendent of schools of a 1st class city school district.

AB2, s. 8 Section 8. 40.02 (55) (b) of the statutes is amended to read:

AB2,6,16 40.02 (55) (b) Any person employed as a full-time social center, community house, adult education or recreation director, instructor or other employee employed by the board of school directors of the city of Milwaukee superintendent of schools of a 1st class city school district, who possesses the qualifications required for employment as a teacher.

AB2, s. 9 Section 9. 63.235 of the statutes is amended to read:

AB2,6,22 63.235 Delegation to board of school directors. In a 1st class city, the city service commission shall delegate its recruitment and hiring duties related to specified classifications of school employees to the board of school directors superintendent of schools if the board adopts a resolution requesting superintendent of schools requests the commission to do so.

AB2, s. 10 Section 10. 63.36 (2) of the statutes is amended to read:

AB2,7,4 63.36 (2) Persons in the service of the city shall not be compensated for acting as examiners if they are public officers or if their service as examiners is rendered during their paid working schedule, but the board may compensate employees of the board of school directors superintendent of schools for serving as city service examiners beyond their regular working hours and beyond their regular duties as such employees.

AB2, s. 11 Section 11. 63.53 of the statutes is amended to read:

AB2,7,12 63.53 Board of school directors employees Employees of a 1st class city school district. (1) Except as provided under sub. (2), all officers and employees of the board of school directors superintendent of schools of any 1st class city school district are members of the classified service and shall be selected and have their tenure and employment status determined in accordance with ss. 63.18 to 63.51, the rules adopted under ss. 63.18 to 63.51 and the charter ordinances applying to the board of city service commissioners of the city.

AB2,7,23 (2) The following employees are not members of the classified service: the superintendent of schools, deputy superintendent of schools, associate superintendent of schools, executive assistant to the superintendent of schools, assistant to the superintendent of schools, assistant superintendent, division director, department director and employees appointed by the superintendent of schools under s. 119.32 (3), principals, teachers and substitute teachers actually engaged in teaching, staff of the board of school directors if the board so decides under s. 119.18 (10) (c), and, in any department of the school board devoted wholly or principally to the subjects of municipal recreation and adult education, all employees of those departments whose duties are peculiar to municipal recreation and adult education but not including employees whose duties are clerical or custodial.

AB2, s. 12 Section 12. 66.0217 (8) (c) of the statutes is amended to read:

AB2,8,4 66.0217 (8) (c) The annexation is effective upon enactment of the annexation ordinance. The board of school directors superintendent of schools in a 1st class city is not required to administer the schools in any territory annexed to the city until July 1 following the annexation.

AB2, s. 13 Section 13. 66.0901 (1) (a) of the statutes is amended to read:

AB2,8,9 66.0901 (1) (a) "Municipality" means the state or a town, city, village, school district, board of school directors, sewer district, drainage district, technical college district or other public or quasi-public corporation, officer, board or other public body charged with the duty of receiving bids for and awarding any public contracts.

AB2, s. 14 Section 14. 66.1333 (5r) (b) 1. (intro.) and a. of the statutes are amended to read:

AB2,8,15 66.1333 (5r) (b) 1. (intro.) The authority of a 1st class city may issue up to $170,000,000 in bonds to finance or refinance the development or redevelopment of sites and facilities to be used for public school facilities by the board of school directors of the school district operating under ch. 119 if all of the following apply:

AB2,8,18 a. The board of school directors superintendent of schools of the school district operating under ch. 119 requests the issuance of the bonds to implement the report approved under 1999 Wisconsin Act 9, section 9158 (7tw) (b).

AB2, s. 15 Section 15. 66.1333 (5s) (a) of the statutes is amended to read:

AB2,8,25 66.1333 (5s) (a) Bond issuance. Subject to s. 119.499 (1), the authority of a 1st class city may issue up to $200,000,000 in bonds to finance or refinance the payment of unfunded prior service liability contributions under the Wisconsin Retirement System for the board of school directors of the school district operating under ch. 119 if the board of school directors superintendent of schools of the school district operating under ch. 119 requests the issuance of the bonds.

AB2, s. 16 Section 16. 111.70 (4) (m) 1. of the statutes is amended to read:

AB2,9,8 111.70 (4) (m) 1. Reassignment of municipal employees who perform services for a board of school directors the superintendent of schools under ch. 119, with or without regard to seniority, as a result of a decision of the board of school directors superintendent of schools to contract with an individual or group to operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school to a charter school, or the impact of any such reassignment on the wages, hours or conditions of employment of the municipal employees who perform those services.

AB2, s. 17 Section 17. 111.70 (4) (m) 2. of the statutes is repealed and recreated to read:

AB2,9,14 111.70 (4) (m) 2. Reassignment of municipal employees who perform services for the superintendent of schools, with or without regard to seniority, as a result of the decision of the superintendent of schools to close or reopen a school under s. 119.18 (23), or the impact of any such reassignment on the wages, hours or conditions of employment of the municipal employees who perform those services.

AB2, s. 18 Section 18. 111.70 (4) (m) 4. of the statutes is amended to read:

AB2,9,20 111.70 (4) (m) 4. Any decision of a board of school directors the superintendent of schools to contract with a school or agency to provide educational programs under s. 119.235, or the impact of any such decision on the wages, hours or conditions of employment of the municipal employees who perform services for the board superintendent of schools.

AB2, s. 19 Section 19. 115.001 (7) of the statutes is amended to read:

AB2,9,24 115.001 (7) School board. "School board" means the school board or board of school directors in charge of the schools of a school district , except that in a school district operating under ch. 119, "school board" means the board of school directors.

AB2, s. 20 Section 20. 115.001 (8) of the statutes is amended to read:

AB2,10,4 115.001 (8) School district administrator. "School district administrator" means the school district superintendent, supervising principal or other person who acts as the administrative head of a school district, or the superintendent of schools of a school district operating under ch. 119.

AB2, s. 21 Section 21. 115.28 (53) of the statutes is created to read:

AB2,10,12 115.28 (53) Comprehensive services to children in Milwaukee. From the appropriation under s. 20.255 (3) (cs), beginning in the 2011-12 school year annually award a grant to a nonprofit corporation that jointly with a local governmental unit or a state agency provides comprehensive services to improve the education, health, and economic opportunities of children residing in a 1st class city school district. The state superintendent shall promulgate rules to implement and administer this subsection, including rules establishing a matching requirement.

AB2, s. 22 Section 22. 115.98 of the statutes is amended to read:

AB2,11,2 115.98 Bilingual-bicultural advisory committee. In each school district which establishes a bilingual-bicultural education program under this subchapter, the school board may appoint a bilingual-bicultural advisory committee to afford parents and educators of limited-English proficient pupils the opportunity to advise the school board of their views and to ensure that a program is planned, operated and evaluated with their involvement and consultation. In the school district operating under ch. 119, the superintendent of schools shall appoint such a committee. The committee shall assist the school board or the superintendent of schools in informing educators, parents and legal custodians of limited-English proficient pupils that a program exists. The committee shall be composed of parents of limited-English proficient pupils enrolled in the bilingual-bicultural education program, bilingual and other teachers, bilingual teacher's aides, bilingual and other counselors and bilingual counselor's aides in the district, at least one representative from the community and a representative of the school district administration.

AB2, s. 23 Section 23. 118.22 (1) (b) of the statutes is amended to read:

AB2,11,9 118.22 (1) (b) "Teacher" means any person who holds a teacher's certificate or license issued by the state superintendent or a classification status under the technical college system board and whose legal employment requires such certificate, license or classification status, but does not include part-time teachers or teachers employed by any board of school directors the superintendent of schools in a city of the 1st class.

AB2, s. 24 Section 24. 119.02 (1) of the statutes is amended to read:

AB2,11,12 119.02 (1) "Board" means the board of school directors in charge of the public schools of a city of the 1st class city school district.

AB2, s. 25 Section 25. 119.02 (4) of the statutes is created to read:

AB2,11,15 119.02 (4) "Superintendent of schools" means the superintendent of schools in charge of the public schools of a city.

AB2, s. 26 Section 26. 119.04 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB2,12,5 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 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), 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board. Except for ss. 118.06 (1), 118.13 (2) (a), 118.31 (4), and 120.13 (1) (c) and (17), in a 1st class city school district, any power conferred or duty imposed upon a school board in these provisions is conferred or imposed instead upon the superintendent of schools, and any prohibition upon a school board's actions in these provisions applies to both the board and the superintendent of schools.

AB2, s. 27 Section 27. 119.04 (2) of the statutes is amended to read:

AB2,12,11 119.04 (2) The board superintendent of schools shall exercise the powers, perform the functions and be entitled to all school aid under sub. (1) insofar as the same are relevant to cities of the 1st class. The superintendent of schools, the board, and the schools in cities of the 1st class shall be governed in all matters by the general laws of the state, except as altered or modified by express amendments.

AB2, s. 28 Section 28. 119.10 (2) of the statutes is amended to read:

AB2,12,19 119.10 (2) Annually, no earlier than the 4th Monday in April and no later than the first Monday in May, the board shall hold its organizational meeting, shall elect a president from among its members to serve for one year and until a successor is chosen, and shall designate an individual to serve as clerk and an individual to serve as assistant clerk. In the absence or during the disability of the board president, the board shall elect an acting president. The board president shall appoint standing committees to serve for one year.

AB2, s. 29 Section 29. 119.12 (4) of the statutes is renumbered 119.18 (25) and amended to read:

AB2,12,24 119.18 (25) Limit on debt and expenses. The board superintendent of schools shall not in any one year contract any debt or incur any expense greater than the amount of the school funds subject to its his or her order.

AB2, s. 30 Section 30. 119.12 (6) of the statutes is renumbered 119.18 (24) and amended to read:

AB2,13,12 119.18 (24) Attorney. The city attorney of the city shall be the legal adviser of and attorney for the board superintendent of schools, except that the board superintendent of schools may retain an attorney to represent the board superintendent of schools in any matter if the board superintendent of schools determines that it he or she requires specialized legal expertise not possessed by the city attorney, the city attorney does not have sufficient staff to adequately represent the interests of the board superintendent of schools or a conflict of interest exists. The board superintendent of schools shall provide the city attorney with reasonable notice of any board meeting at which the board will whenever he or she intends to consider retention of an attorney.

AB2, s. 31 Section 31. 119.14 (title), (1), (2) and (6) to (13) of the statutes are created to read:

AB2,13,18 119.14 (title) Board; powers and duties. (1) General supervision. The board may visit and examine the schools of the school district and advise the superintendent of schools regarding the instruction, government, and progress of the pupils.

AB2,13,20 (2) Rules. The board may adopt and modify or repeal rules for its own government.

AB2,14,2 (6) Public input. The board shall allocate time at each board meeting for public comment on issues of concern or interest to residents of the school district regarding the education of pupils, management of the school district, the school district's budget, or other issues of interest or concern. The board shall provide a written summary of public comments received at each board meeting to the superintendent of schools within 2 weeks of the board meeting.

AB2,14,7 (7) Discussion of public questions. Upon the written application of one-half of the electors of the school district, the board shall allow the use of the school buildings or grounds for the free discussion of public questions so far as such use does not interfere, as determined by the superintendent of schools, with the prime purpose of the school buildings or grounds.

AB2,14,11 (8) Funds for rewards. The board may establish a reward, not exceeding $500, for information leading to the arrest and conviction of persons who damage or destroy school property or who injure any person while at school or under the supervision of a school authority.

AB2,14,14 (9) School board organization; fee. The board may pay the membership fee in an organization of school boards in this state and the actual and necessary expenses of its representatives incurred in attending meetings of such organization.

AB2,14,21 (10) Community programs and services. The board may establish and maintain community education, training, recreational, cultural, or athletic programs and services, outside the regular curricular and extracurricular programs for pupils, under such terms and conditions as the board prescribes. The board may establish and collect fees to cover all or part of the costs of such programs and services. Costs associated with such programs and services shall not be included in the school district's shared cost under s. 121.07 (6).

AB2,15,2 (11) Lectures. The board may provide free lectures on educational subjects in school buildings, public library buildings, or other suitable places, and provide for the further education of the adult residents of the school district. The superintendent of schools may purchase books, stationery, charts, and other things necessary to conduct such lectures. The board may designate a person to manage such lectures.

AB2,15,7 (12) School board orientation. The board may provide for the orientation and continuing education of board members and persons who have been elected to the board but have not yet taken office in the general duties and responsibilities of the board and the school district, and pay for the actual and necessary expenses incurred.

AB2,15,11 (13) Attorney. The board may retain an attorney to advise and represent it on matters relating to board governance and to subchs. II and V of ch. 19 if the city attorney approves. The board shall provide the city attorney with reasonable notice of any board meeting at which the board will consider retention of an attorney.

AB2, s. 32 Section 32. 119.14 (15) of the statutes is created to read: