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:
SB405, s. 1
1Section
1. 16.70 (8) of the statutes is amended to read:
SB405,3,52
16.70
(8) "Municipality" means a county, city, village, town, school district,
3board of school directors, sewer district, drainage district, technical college district
4or any other public or quasi-public corporation, officer, board or other body having
5the authority to award public contracts.
SB405, s. 2
1Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB405, s. 3
3Section
3. 20.255 (3) (cs) of the statutes is created to read:
SB405,4,54
20.255
(3) (cs)
Comprehensive services. The amounts in the schedule for the
5grant to provide comprehensive services to children under s. 115.28 (53).
SB405, s. 4
6Section
4. 24.66 (3) (a) of the statutes is amended to read:
SB405,5,27
24.66
(3) (a)
For long-term loans by common, union high and 1st class city
8school districts. Every application for a loan, the required repayment of which
9exceeds 10 years, shall be approved and authorized for a common, union high or 1st
10class city school district by a vote of a majority of its legal voters voting on this
11question. If the vote is taken at a special meeting the objects thereof shall be clearly
12stated in the notice of the meeting. The application shall state the facts in detail
13respecting the holding of the meeting, and the taking and the result of the vote
14required.
The In a common or union high school district, the application shall be
15signed by a majority of the members of the
district
school board and verified by the
16clerk.
In a 1st class city school district, the application shall be signed by the
17superintendent of schools. The statement accompanying the application shall
18contain a correct map or plat of the district. If the district is a joint district, the
19statement accompanying the application shall show the assessed valuation in its
1several parts separately, so that the valuation of each part of the district which lies
2in each town or municipality may be readily shown.
SB405, s. 5
3Section
5. 24.66 (5) (a) of the statutes is amended to read:
SB405,5,244
24.66
(5) (a) Every application for a loan under this section by a municipality
5shall be accompanied by a certified copy under the hand of the proper clerk of a
6recorded resolution adopted by the municipality applying for or approving the loan,
7levying, except as provided in par. (b), upon all the taxable property of the
8municipality a direct annual tax for the purpose of paying and sufficient to pay the
9principal and interest on the proposed loan as they become due. In a 1st class city
10school district, the application shall be accompanied by a
certified copy of a
11resolution, adopted by the board of school directors sworn affidavit by the
12superintendent of schools, stating that it is the intention of the
board of school
13directors superintendent of schools to include in
its his or her budget transmitted to
14the common council under s. 119.16 (8) (b) a written notice specifying the amount of
15money necessary to pay the principal and interest on the loan as they become due.
16Every application for a loan under this subsection by a cooperative educational
17service agency shall be accompanied by a copy of a recorded resolution adopted by
18the school board of each school district for which the loan is sought, certified by the
19school district clerk of that school district, levying upon all taxable property of the
20school district a direct annual tax for the purpose of paying and sufficient to pay the
21school district's share of the principal and interest on the proposed loan as they
22become due. The levy imposed by the municipality shall be void if the board declines
23to make the loan; otherwise it shall remain valid and irrepealable until the loan and
24all interest on the loan are fully paid.
SB405, s. 6
25Section
6. 38.08 (1g) of the statutes is amended to read:
SB405,6,6
138.08
(1g) The appointment committee for a district board that governs a
2district encompassing a 1st class city shall include 4 additional members designated
3by the
board of school directors in charge superintendent of schools of the public
4schools of the 1st class city. The additional members shall be appointed so as to
5reflect, to the extent possible, the distribution of women and minorities within the
61st class city.
SB405, s. 7
7Section
7. 40.02 (41) of the statutes is amended to read:
SB405,6,108
40.02
(41) "Milwaukee teacher" means any teacher employed by the
board of
9school directors of the city of Milwaukee superintendent of schools of a 1st class city
10school district.
SB405, s. 8
11Section
8. 40.02 (55) (b) of the statutes is amended to read:
SB405,6,1612
40.02
(55) (b) Any person employed as a full-time social center, community
13house, adult education or recreation director, instructor or other employee employed
14by the
board of school directors of the city of Milwaukee superintendent of schools
15of a 1st class city school district, who possesses the qualifications required for
16employment as a teacher.
SB405, s. 9
17Section
9. 63.235 of the statutes is amended to read:
SB405,6,22
1863.235 Delegation to board of school directors. In a 1st class city, the city
19service commission shall delegate its recruitment and hiring duties related to
20specified classifications of school employees to the
board of school directors 21superintendent of schools if the
board adopts a resolution requesting superintendent
22of schools requests the commission to do so.
SB405, s. 10
23Section
10. 63.36 (2) of the statutes is amended to read:
SB405,7,424
63.36
(2) Persons in the service of the city shall not be compensated for acting
25as examiners if they are public officers or if their service as examiners is rendered
1during their paid working schedule, but the board may compensate employees of the
2board of school directors superintendent of schools for serving as city service
3examiners beyond their regular working hours and beyond their regular duties as
4such employees.
SB405, s. 11
5Section
11. 63.53 of the statutes is amended to read:
SB405,7,12
663.53 Board of school directors employees Employees of a 1st class city
7school district. (1) Except as provided under sub. (2), all
officers and employees
8of the
board of school directors superintendent of schools of any 1st class city
school
9district are members of the classified service and shall be selected and have their
10tenure and employment status determined in accordance with ss. 63.18 to 63.51, the
11rules adopted under ss. 63.18 to 63.51 and the charter ordinances applying to the
12board of city service commissioners of the city.
SB405,7,23
13(2) The following employees are not members of the classified service: the
14superintendent of schools
, deputy superintendent of schools, associate
15superintendent of schools, executive assistant to the superintendent of schools,
16assistant to the superintendent of schools, assistant superintendent, division
17director, department director and employees appointed by the superintendent of
18schools under s. 119.32 (3), principals, teachers and substitute teachers actually
19engaged in teaching, staff of the board of school directors if the board so decides
under
20s. 119.18 (10) (c), and, in any department of the school board devoted wholly or
21principally to the subjects of municipal recreation and adult education, all employees
22of those departments whose duties are peculiar to municipal recreation and adult
23education but not including employees whose duties are clerical or custodial.
SB405, s. 12
24Section
12. 66.0217 (8) (c) of the statutes is amended to read:
SB405,8,4
166.0217
(8) (c) The annexation is effective upon enactment of the annexation
2ordinance. The
board of school directors superintendent of schools in a 1st class city
3is not required to administer the schools in any territory annexed to the city until
4July 1 following the annexation.
SB405, s. 13
5Section
13. 66.0901 (1) (a) of the statutes is amended to read:
SB405,8,96
66.0901
(1) (a) "Municipality" means the state or a town, city, village, school
7district,
board of school directors, sewer district, drainage district, technical college
8district or other public or quasi-public corporation, officer, board or other public body
9charged with the duty of receiving bids for and awarding any public contracts.
SB405, s. 14
10Section
14. 66.1333 (5r) (b) 1. (intro.) and a. of the statutes are amended to
11read:
SB405,8,1512
66.1333
(5r) (b) 1. (intro.) The authority of a 1st class city may issue up to
13$170,000,000 in bonds to finance or refinance the development or redevelopment of
14sites and facilities to be used for public school facilities by the
board of school
15directors of the school district operating under ch. 119 if all of the following apply:
SB405,8,1816
a. The
board of school directors superintendent of schools of the school district
17operating under ch. 119 requests the issuance of the bonds to implement the report
18approved under
1999 Wisconsin Act 9, section
9158 (7tw) (b).
SB405, s. 15
19Section
15. 66.1333 (5s) (a) of the statutes is amended to read:
SB405,8,2520
66.1333
(5s) (a)
Bond issuance. Subject to s. 119.499 (1), the authority of a 1st
21class city may issue up to $200,000,000 in bonds to finance or refinance the payment
22of unfunded prior service liability contributions under the Wisconsin Retirement
23System for
the board of school directors of the school district operating under ch. 119
24if the
board of school directors superintendent of schools of the school district
25operating under ch. 119 requests the issuance of the bonds.
SB405, s. 16
1Section
16. 111.70 (4) (m) 1. of the statutes is amended to read:
SB405,9,82
111.70
(4) (m) 1. Reassignment of municipal employees who perform services
3for
a board of school directors the superintendent of schools under ch. 119, with or
4without regard to seniority, as a result of a decision of the
board of school directors 5superintendent of schools to contract with an individual or group to operate a school
6as a charter school, as defined in s. 115.001 (1), or to convert a school to a charter
7school, or the impact of any such reassignment on the wages, hours or conditions of
8employment of the municipal employees who perform those services.
SB405, s. 17
9Section
17. 111.70 (4) (m) 2. of the statutes is repealed and recreated to read:
SB405,9,1410
111.70
(4) (m) 2. Reassignment of municipal employees who perform services
11for the superintendent of schools, with or without regard to seniority, as a result of
12the decision of the superintendent of schools to close or reopen a school under s.
13119.18 (23), or the impact of any such reassignment on the wages, hours or conditions
14of employment of the municipal employees who perform those services.
SB405, s. 18
15Section
18. 111.70 (4) (m) 4. of the statutes is amended to read:
SB405,9,2016
111.70
(4) (m) 4. Any decision of
a board of school directors the superintendent
17of schools to contract with a school or agency to provide educational programs under
18s. 119.235, or the impact of any such decision on the wages, hours or conditions of
19employment of the municipal employees who perform services for the
board 20superintendent of schools.
SB405, s. 19
21Section
19. 115.001 (7) of the statutes is amended to read:
SB405,9,2422
115.001
(7) School board. "School board" means the school board
or board of
23school directors in charge of the schools of a school district
, except that in a school
24district operating under ch. 119, "school board" means the board of school directors.
SB405, s. 20
25Section
20. 115.001 (8) of the statutes is amended to read:
SB405,10,4
1115.001
(8) School district administrator. "School district administrator"
2means the school district superintendent, supervising principal or other person who
3acts as the administrative head of a school district
, or the superintendent of schools
4of a school district operating under ch. 119.
SB405, s. 21
5Section
21. 115.28 (53) of the statutes is created to read:
SB405,10,126
115.28
(53) Comprehensive services to children in Milwaukee. From the
7appropriation under s. 20.255 (3) (cs), beginning in the 2011-12 school year annually
8award a grant to a nonprofit corporation that jointly with a local governmental unit
9or a state agency provides comprehensive services to improve the education, health,
10and economic opportunities of children residing in a 1st class city school district. The
11state superintendent shall promulgate rules to implement and administer this
12subsection, including rules establishing a matching requirement.
SB405, s. 22
13Section
22. 115.98 of the statutes is amended to read:
SB405,11,2
14115.98 Bilingual-bicultural advisory committee. In each school district
15which establishes a bilingual-bicultural education program under this subchapter,
16the school board may appoint a bilingual-bicultural advisory committee to afford
17parents and educators of limited-English proficient pupils the opportunity to advise
18the school board of their views and to ensure that a program is planned, operated and
19evaluated with their involvement and consultation.
In the school district operating
20under ch. 119, the superintendent of schools shall appoint such a committee. The
21committee shall assist the school board
or the superintendent of schools in informing
22educators, parents and legal custodians of limited-English proficient pupils that a
23program exists. The committee shall be composed of parents of limited-English
24proficient pupils enrolled in the bilingual-bicultural education program, bilingual
25and other teachers, bilingual teacher's aides, bilingual and other counselors and
1bilingual counselor's aides in the district, at least one representative from the
2community and a representative of the school district administration.
SB405, s. 23
3Section
23. 118.22 (1) (b) of the statutes is amended to read:
SB405,11,94
118.22
(1) (b) "Teacher" means any person who holds a teacher's certificate or
5license issued by the state superintendent or a classification status under the
6technical college system board and whose legal employment requires such
7certificate, license or classification status, but does not include part-time teachers
8or teachers employed by
any board of school directors
the superintendent of schools 9in a city of the 1st class.
SB405, s. 24
10Section
24. 119.02 (1) of the statutes is amended to read:
SB405,11,1211
119.02
(1) "Board" means the board of school directors
in charge of the public
12schools of a
city of the 1st class
city school district.
SB405, s. 25
13Section
25. 119.02 (4) of the statutes is created to read:
SB405,11,1514
119.02
(4) "Superintendent of schools" means the superintendent of schools in
15charge of the public schools of a city.
SB405,12,518
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1966.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
20115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045,
21118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153,
22118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6)
23and (8), 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12
24(5) and (15) to (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
25(35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class
1city school district
and board. Except for ss. 118.06 (1), 118.13 (2) (a), 118.31 (4), and
2120.13 (1) (c) and (17), in a 1st class city school district, any power conferred or duty
3imposed upon a school board in these provisions is conferred or imposed instead upon
4the superintendent of schools, and any prohibition upon a school board's actions in
5these provisions applies to both the board and the superintendent of schools.
SB405, s. 27
6Section
27. 119.04 (2) of the statutes is amended to read:
SB405,12,117
119.04
(2) The
board superintendent of schools shall exercise the powers,
8perform the functions and be entitled to all school aid under sub. (1) insofar as the
9same are relevant to cities of the 1st class. The
superintendent of schools, the board
, 10and the schools in cities of the 1st class shall be governed in all matters by the general
11laws of the state, except as altered or modified by express amendments.
SB405, s. 28
12Section
28. 119.10 (2) of the statutes is amended to read:
SB405,12,1913
119.10
(2) Annually, no earlier than the 4th Monday in April and no later than
14the first Monday in May, the board shall hold its organizational meeting, shall elect
15a president from among its members to serve for one year and until a successor is
16chosen
, and shall designate an individual to serve as clerk
and an individual to serve
17as assistant clerk. In the absence or during the disability of the board president, the
18board shall elect an acting president. The board president shall appoint standing
19committees to serve for one year.
SB405, s. 29
20Section
29. 119.12 (4) of the statutes is renumbered 119.18 (25) and amended
21to read:
SB405,12,2422
119.18
(25) Limit on debt and expenses. The
board superintendent of schools 23shall not in any one year contract any debt or incur any expense greater than the
24amount of the school funds subject to
its his or her order.
SB405, s. 30
1Section
30. 119.12 (6) of the statutes is renumbered 119.18 (24) and amended
2to read:
SB405,13,123
119.18
(24) Attorney. The city attorney of the city shall be the legal adviser
4of and attorney for the
board superintendent of schools, except that the
board 5superintendent of schools may retain an attorney to represent the
board 6superintendent of schools in any matter if the
board superintendent of schools 7determines that
it he or she requires specialized legal expertise not possessed by the
8city attorney, the city attorney does not have sufficient staff to adequately represent
9the interests of the
board superintendent of schools or a conflict of interest exists.
10The
board superintendent of schools shall provide the city attorney with reasonable
11notice
of any board meeting at which the board will
whenever he or she intends to 12consider retention of an attorney.
SB405, s. 31
13Section
31. 119.14 (title), (1), (2) and (6) to (13) of the statutes are created to
14read:
SB405,13,18
15119.14 (title)
Board; powers and duties. (1) General supervision. The
16board may visit and examine the schools of the school district and advise the
17superintendent of schools regarding the instruction, government, and progress of the
18pupils.
SB405,13,20
19(2) Rules. The board may adopt and modify or repeal rules for its own
20government.
SB405,14,2
21(6) Public input. The board shall allocate time at each board meeting for public
22comment on issues of concern or interest to residents of the school district regarding
23the education of pupils, management of the school district, the school district's
24budget, or other issues of interest or concern. The board shall provide a written
1summary of public comments received at each board meeting to the superintendent
2of schools within 2 weeks of the board meeting.
SB405,14,7
3(7) Discussion of public questions. Upon the written application of one-half
4of the electors of the school district, the board shall allow the use of the school
5buildings or grounds for the free discussion of public questions so far as such use does
6not interfere, as determined by the superintendent of schools, with the prime
7purpose of the school buildings or grounds.
SB405,14,11
8(8) Funds for rewards. The board may establish a reward, not exceeding $500,
9for information leading to the arrest and conviction of persons who damage or destroy
10school property or who injure any person while at school or under the supervision of
11a school authority.
SB405,14,14
12(9) School board organization; fee. The board may pay the membership fee
13in an organization of school boards in this state and the actual and necessary
14expenses of its representatives incurred in attending meetings of such organization.
SB405,14,21
15(10) Community programs and services. The board may establish and
16maintain community education, training, recreational, cultural, or athletic
17programs and services, outside the regular curricular and extracurricular programs
18for pupils, under such terms and conditions as the board prescribes. The board may
19establish and collect fees to cover all or part of the costs of such programs and
20services. Costs associated with such programs and services shall not be included in
21the school district's shared cost under s. 121.07 (6).
SB405,15,2
22(11) Lectures. The board may provide free lectures on educational subjects in
23school buildings, public library buildings, or other suitable places, and provide for
24the further education of the adult residents of the school district. The superintendent
1of schools may purchase books, stationery, charts, and other things necessary to
2conduct such lectures. The board may designate a person to manage such lectures.
SB405,15,7
3(12) School board orientation. The board may provide for the orientation and
4continuing education of board members and persons who have been elected to the
5board but have not yet taken office in the general duties and responsibilities of the
6board and the school district, and pay for the actual and necessary expenses
7incurred.
SB405,15,11
8(13) Attorney. The board may retain an attorney to advise and represent it
9on matters relating to board governance and to subchs. II and V of ch. 19 if the city
10attorney approves. The board shall provide the city attorney with reasonable notice
11of any board meeting at which the board will consider retention of an attorney.
SB405, s. 32
12Section
32. 119.14 (15) of the statutes is created to read:
SB405,15,1413
119.14
(15) Records custodian. The board may designate one or more persons
14to be legal custodians of the board's records.
SB405, s. 33
15Section
33. 119.16 of the statutes is amended to read:
SB405,15,21
16119.16 Board Superintendent of schools; duties. (1) Educational
17priorities and objectives. The
board and the superintendent of schools shall identify
18broad yearly objectives and assess priorities for education in the
school district and
19shall issue an annual report and such additional reports as the
board and 20superintendent
deem deems desirable on the
status of academic programs in the
21school district and the progress of pupils enrolled in the public schools.
SB405,15,24
22(1m) Management of school district. The
board superintendent of schools 23shall have the possession, care, control and management of the schools, facilities,
24operations, property and affairs of the school district.
SB405,16,5
1(2) Establish schools and districts. The
board superintendent of schools shall
2maintain the public schools in the city and shall establish, organize and maintain
3such schools as the
board superintendent of schools determines are necessary to
4accommodate the children entitled to instruction therein. The
board superintendent
5of schools shall divide the city into attendance districts for such schools.
SB405,16,9
6(3) Buildings and sites. (a) The
board superintendent of schools shall
7construct, purchase, lease, improve or enlarge buildings and purchase furniture and
8sites for the public schools, shall purchase, install and maintain heating systems in
9public schools and may contract for carrying out any of these purposes.
SB405,16,1410
(b) Except as provided in par. (c), schoolhouses and the sites on which they are
11situated shall be the property of the city. No site may be purchased or leased and no
12schoolhouse may be constructed unless
a resolution therefor is duly adopted by the
13board the superintendent of schools issues an order to do so. Except as provided in
14par. (c), deeds of conveyance and leases shall be made to the city.
SB405,16,1815
(c) If the redevelopment authority of the city issues bonds under s. 66.1333 (5r),
16the
board superintendent of schools may lease buildings or sites from the
17redevelopment authority or borrow money from the redevelopment authority for the
18purposes of par. (a).
SB405,16,21
19(4) Competitive bidding. The
board superintendent of schools shall establish
20competitive bidding policies and procedures for purchases and for construction
21contracts.