2009 - 2010 LEGISLATURE
January 14, 2010 - Introduced by Senator Coggs, cosponsored by Representatives
Grigsby, Sinicki, A. Williams, Kessler, Turner, Mason and Toles. Referred
to Committee on Education.
SB462,2,2
1An Act to repeal 5.58 (1g) (b), 8.11 (2m) (title), 119.06 (3) (intro.) and (a) and
2119.07;
to renumber 5.60 (4) (b) and 119.23 (11);
to renumber and amend
38.11 (2m) and 119.06 (3) (b);
to amend 5.58 (1g) (c), 5.58 (2), 5.58 (3), 8.10 (3)
4(i), 8.15 (5) (a), 17.26 (2), 119.06 (2), 119.06 (4) (b), 119.06 (4) (c) and (d), 119.06
5(5) and (6), 119.08 (1) (a) and (b), 119.08 (2) and (3), 119.08 (4), 119.10 (1), 119.10
6(2) and 121.02 (3);
to repeal and recreate 119.32 (1); and
to create 5.62 (4m),
75.64 (4) (title), 8.15 (6) (f), 20.255 (3) (cm), 77.70 (5), 119.07, 119.11, 119.16 (1c),
8119.16 (3m), 119.16 (7), 119.16 (9), 119.16 (11), 119.16 (12), 119.16 (13), 119.16
9(14), 119.16 (15), 119.16 (16), 119.185, 119.23 (11) (b), 119.31, 119.315, 119.32
10(8), 119.43, 119.475, 119.76 and 119.77 of the statutes;
relating to: the
1governance, and election of members of the board of school directors, of a first
2class 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:
SB462, s. 1
1Section
1. 5.58 (1g) (b) of the statutes is repealed.
SB462, s. 2
2Section
2. 5.58 (1g) (c) of the statutes is amended to read:
SB462,5,83
5.58
(1g) (c) The arrangement of candidates for school board seats shall be
4determined by the school district clerk
or the executive director of the city board of
5election commissioners by the drawing of lots not later than the 2nd Tuesday in
6January, or the next day if the first Tuesday is a holiday. The method of determining
7arrangement shall be the same as provided in s. 5.60 (1) (b). Sufficient space shall
8be provided on the ballot for write-in candidates.
SB462, s. 3
9Section
3. 5.58 (2) of the statutes is amended to read:
SB462,5,2010
5.58
(2) State superintendent of public instruction; judiciary; county
11executive; and county supervisors. There shall be one separate ballot for state
12superintendent, judicial officers, county executive under s. 59.17 and county
13supervisor, except as authorized in s. 5.655. In counties having a population of
14500,000 or more, the ballot also shall include those offices under s. 8.11 (2)
and (2m).
15The arrangement of names of candidates for state superintendent, justice, court of
16appeals judge and circuit court judge shall be determined by the board in the manner
17specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county
18executive and county supervisor shall be determined by the county clerk or by the
19executive director of the county board of election commissioners in the manner
20specified in s. 5.60 (1) (b).
SB462, s. 4
21Section
4. 5.58 (3) of the statutes is amended to read:
SB462,6,1222
5.58
(3) Names on spring ballot. Only 2 candidates for state superintendent,
23for any judicial office, for any elected seat on a metropolitan sewerage commission
24or town sanitary district commission, in counties having a population of 500,000 or
25more only 2 candidates for member of the board of supervisors within each district,
1in counties having a population of less than 500,000 only 2 candidates for each
2member of the county board of supervisors from each district or numbered seat or
3only 4 candidates for each 2 members of the county board of supervisors from each
4district whenever 2 supervisors are elected to unnumbered seats from the same
5district,
in 1st class cities only 2 candidates for any at-large seat and only 2
6candidates from any election district to be elected to the board of school directors, in
7school districts electing school board members to numbered seats, or pursuant to an
8apportionment plan or district representation plan, only 2 school board candidates
9for each numbered seat or within each district, and twice as many candidates as are
10to be elected members of other school boards or other elective officers receiving the
11highest number of votes at the primary shall be nominees for the office at the spring
12election. Only their names shall appear on the official spring ballot.
SB462, s. 5
13Section
5. 5.60 (4) (b) of the statutes is renumbered 5.64 (4).
SB462, s. 6
14Section
6. 5.62 (4m) of the statutes is created to read:
SB462,6,1715
5.62
(4m) (a) In 1st class cities, there shall be a separate ballot for school
16district officers when so required, giving the names of the candidates for any seat to
17be filled on the board of school directors.
SB462,6,2218
(b) The arrangement of the names of the candidates for seats on the board of
19school directors shall be determined by the executive director of the city board of
20election commissioners by the drawing of lots not later than the 3rd Tuesday in July.
21The method of determining arrangement shall be the same as provided in s. 5.60 (1)
22(b). Sufficient space shall be provided on the ballot for write-in candidates.
SB462,7,223
(c) Only the 2 candidates for election to the board of school directors receiving
24the highest numbers of votes within each election district at the primary shall be
1nominees for the board of school directors at the general election. Only their names
2shall appear on the official general election ballot.
SB462, s. 7
3Section
7. 5.64 (4) (title) of the statutes is created to read:
SB462,7,44
5.64
(4) (title)
First class city school board.
SB462, s. 8
5Section
8. 8.10 (3) (i) of the statutes is amended to read:
SB462,7,106
8.10
(3) (i) For city offices in 1st class cities, not less than 1,500 nor more than
73,000 electors for city-wide offices, not less than 200 nor more than 400 electors for
8alderpersons elected from aldermanic districts
and not less than 400 nor more than
9800 electors for members of the board of school directors elected from election
10districts.
SB462, s. 9
11Section
9. 8.11 (2m) (title) of the statutes is repealed.
SB462, s. 10
12Section
10. 8.11 (2m) of the statutes is renumbered 8.15 (9) and amended to
13read:
SB462,7,1614
8.15
(9) A primary shall be held in 1st class cities
concurrently with the
15September primary whenever there are more than 2 candidates for member of the
16board of school directors
at-large or from any election district in any year.
SB462, s. 11
17Section
11. 8.15 (5) (a) of the statutes is amended to read:
SB462,7,1918
8.15
(5) (a)
Each Except as provided in ss. 119.06 (4) (c) and 119.08 (2), each 19nomination paper shall have substantially the following words printed at the top:
SB462,8,320
I, the undersigned, request that the name of (insert candidate's last name plus
21first name, nickname or initial, and middle name, former legal surname, nickname
22or middle initial or initials if desired, but no other abbreviations or titles) residing
23at (insert candidate's street address) be placed on the ballot at the (general or special)
24election to be held on (date of election) as a candidate representing the (name of
25party) so that voters will have the opportunity to vote for (him or her) for the office
1of (name of office). I am eligible to vote in (name of jurisdiction or district in which
2candidate seeks office). I have not signed the nomination paper of any other
3candidate for the same office at this election.
SB462, s. 12
4Section
12. 8.15 (6) (f) of the statutes is created to read:
SB462,8,65
8.15
(6) (f) In 1st class cities, not less than 200 nor more than 400 electors for
6member of the board of school directors elected from an election district.
SB462, s. 13
7Section
13. 17.26 (2) of the statutes is amended to read:
SB462,8,108
17.26
(2) In a 1st class city school district, by
temporary appointment of the
9mayor which shall continue until the vacancy is filled by special election as provided
10under s. 119.08 (4).
SB462, s. 14
11Section
14. 20.005 (3) (schedule) of the statutes: at the appropriate place,
12insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB462, s. 15
13Section
15. 20.255 (3) (cm) of the statutes is created to read:
SB462,8,1714
20.255
(3) (cm)
Transition campus partnership. The amounts in the schedule
15for a grant to a local civic organization or nonprofit corporation that has partnered
16with a transition campus under s. 119.16 (16) to provide comprehensive services to
17pupils attending the transition campus.
SB462, s. 16
18Section
16. 77.70 (5) of the statutes is created to read:
SB462,9,3
177.70
(5) If the sales and use tax rate imposed in the city of Milwaukee is
2increased for transit purposes, the fare for public transit for a pupil who attends
3public school in the city shall be at least one-third less than the regular adult fare.
SB462, s. 17
4Section
17. 119.06 (2) of the statutes is amended to read:
SB462,9,145
119.06
(2) Within 120 days after the date on which a city becomes a 1st class
6city, the mayor, the city treasurer, the city comptroller, the city attorney and the
7president of the common council of that city, acting as a commission for the city, shall
8meet and appoint a board of
one at-large member and 8
9 members
from, one of each
9of whom shall represent 9 election districts numbered and designated by the common
10council. The election districts shall be substantially equal in population and the
11boundaries of the election districts shall be drawn so as to reflect a balanced
12representation of citizens of all areas within the city. The person appointed to
13represent an election district shall reside within the boundaries of
the that election
14district as determined by the common council under this subsection.
SB462, s. 18
15Section
18. 119.06 (3) (intro.) and (a) of the statutes are repealed.
SB462, s. 19
16Section
19. 119.06 (3) (b) of the statutes is renumbered 119.06 (3) and
17amended to read:
SB462,9,2518
119.06
(3) Four of the combined aldermanic district Except as provided in sub.
19(4), the members
first appointed to the board by the commission shall serve for
a
20term terms beginning on the 4th Monday
of the month next following their
21appointment
and. The 5 members representing the odd-numbered election districts
22shall be appointed for terms expiring on the
4th
first Monday in
April in December
23of the
4th first odd-numbered year following the year in which a city becomes a 1st
24class city and the 4 members representing the even-numbered election districts
25shall be appointed for terms expiring on the first Monday in December of the 2nd
1odd-numbered year following the year in which a city becomes a
city of the 1st class
2city.
SB462, s. 20
3Section
20. 119.06 (4) (b) of the statutes is amended to read:
SB462,10,94
119.06
(4) (b) The board members elected at the special election shall be
5nominated and elected to succeed the board members appointed
for the terms
6expiring under sub.
(3) (a) and (b) (2) and for the same terms.
The terms of office of
7the board members appointed under sub. (2) shall expire on the 4th Monday
8following the special election. The terms of office of the board members elected at the
9special election shall begin on the 4th Monday following the
special election.
SB462, s. 21
10Section
21. 119.06 (4) (c) and (d) of the statutes are amended to read:
SB462,10,1311
119.06
(4) (c) Candidates for the board at the special election shall be
12nominated in the same manner as for the
spring general election
, except that the
13nomination paper format under s. 8.10 (2) (b) shall apply.
SB462,10,1514
(d) The special election shall be held at the polling places and shall be conducted
15in the manner of and by the election officials for the
spring general election.
SB462, s. 22
16Section
22. 119.06 (5) and (6) of the statutes are amended to read:
SB462,10,2117
119.06
(5) The board first appointed under sub. (2) or first elected at a special
18election under sub. (4) shall hold an organizational meeting under s. 119.10 (2) on
19the 4th Monday
of the month following its appointment or election, or the next day
20if the 4th Monday is a legal holiday,
following their appointment or election, and
21annually thereafter shall meet in accordance with s. 119.10 (2).
SB462,10,24
22(6) Successors to board members appointed under sub.
(3) (2) or elected under
23sub. (4) shall be elected at the
spring general election immediately preceding the
24expiration of the terms of such board members and shall serve for 4-year terms.
SB462, s. 23
25Section
23. 119.07 of the statutes is created to read:
SB462,11,8
1119.07 Revised method of election of board; transitional provisions. (1) 2Notwithstanding s. 119.08 (1) to (3), in each 1st class city in existence on the effective
3date of this subsection .... [LRB inserts date], members of the board of school directors
4whose terms expire on the 4th Monday in April, 2013, shall serve for terms expiring
5on the first Monday in December, 2012, and members of the board of school directors
6of each such city who are elected at the spring election to be held in April 2011, to
7succeed those members whose terms expire on the 4th Monday in April, 2011, shall
8serve for terms expiring on the 1st Monday in December, 2014.