118.33(6)(cm)4.
4. Except as provided in
subds. 5. and
6., beginning on September 1, 2011, the operator of a charter school under
s. 118.40 (2r) may not enroll a child in the first grade in the school unless the child has completed 5-year-old kindergarten. Each operator of a charter school under
s. 118.40 (2r) that operates a 5-year-old kindergarten program shall adopt a written policy specifying the criteria for promoting a pupil from 5-year-old kindergarten to the first grade.
118.33(6)(cm)5.
5. Each operator of a charter school under
s. 118.40 (2r) that operates a 5-year-old kindergarten program shall establish procedures, conditions, and standards for exempting a child from the requirement that the child complete kindergarten as a prerequisite to enrollment in the first grade and for reviewing the denial of an exemption upon the request of the pupil's parent or guardian.
118.33(6)(cm)6.
6. The operator of a charter school under
s. 118.40 (2r) that operates a 5-year-old kindergarten program shall enroll in the first grade a child who has not completed kindergarten but who is otherwise eligible to be admitted to and to enroll in first grade as a new or continuing pupil at the time the child moves into this state if one of the following applies:
118.33(6)(cm)6.a.
a. Before either commencing or completing first grade, the child moved into this state from a state, country, or territory in which completion of 5-year-old kindergarten is a prerequisite to entering first grade and the child was exempted from the requirement to complete 5-year-old kindergarten in the state, country, or territory from which the child moved.
118.33(6)(cm)6.b.
b. Before either commencing or completing first grade the child moved into this state from a state, country, or territory in which completion of 5-year-old kindergarten is not a prerequisite to entering first grade.
118.33 Note
NOTE: Par. (cm) was created as par. (c) by
2009 Wis. Act 41 and renumbered by the legislative reference bureau under s. 13.92 (1) (bm) 2.
118.33 History
History: 1983 a. 411;
1985 a. 29;
1991 a. 39,
269;
1993 a. 223,
339,
340,
399,
491;
1995 a. 27 s.
9145 (1);
1997 a. 27,
113,
164;
1999 a. 9,
84,
185;
2001 a. 38,
109;
2003 a. 33;
2009 a. 28,
41,
114; s. 13.92 (1) (bm) 2.
118.33 Note
NOTE: 1983 Wisconsin Act 411, which created this section, has "Legislative declaration" in section 1.
118.33 Note
NOTE: 1993 Wis. Act 339, which created sub. (1) (d), contains explanatory notes.
118.33 Cross-reference
Cross-reference: See also ch.
PI 18, Wis. adm. code.
118.34
118.34
Technical preparation programs. 118.34(1)
(1) In cooperation with a technical college district board, each school board shall establish a technical preparation program in each public high school located in the school district. The program shall consist of a sequence of courses, approved by the technical college system board under
s. 38.04 (26), designed to allow high school pupils to gain advanced standing in the technical college district's associate degree program upon graduation from high school.
118.34(2)(a)(a) The technical college district director shall appoint a technical preparation council to coordinate the establishment of the technical preparation programs. The council shall consist of 12 members.
118.34(2)(b)
(b) The technical college district board and the school boards of school districts that operate high schools located in the technical college district shall establish a consortium to implement the technical preparation programs.
118.34(3)
(3) The department and the technical college system board shall provide technical assistance to school boards to develop technical preparation programs in each high school. Annually, the school board shall evaluate its program and report the results to the state superintendent and the technical college system board.
118.34 Cross-reference
Cross-reference: See also ch.
TCS 9, Wis. adm. code.
118.35
118.35
Programs for gifted and talented pupils. 118.35(1)
(1) In this section, "gifted and talented pupils" means pupils enrolled in public schools who give evidence of high performance capability in intellectual, creative, artistic, leadership or specific academic areas and who need services or activities not ordinarily provided in a regular school program in order to fully develop such capabilities.
118.35(2)
(2) The state superintendent shall by rule establish guidelines for the identification of gifted and talented pupils.
118.35(3)
(3) Each school board shall ensure that all gifted and talented pupils enrolled in the school district have access to a program for gifted and talented pupils.
118.35(4)
(4) From the appropriation under
s. 20.255 (2) (fy), the department shall award grants to nonprofit organizations, cooperative educational service agencies, and the school district operating under
ch. 119 for the purpose of providing advanced curriculum and assessments for gifted and talented pupils.
118.38
118.38
Waivers of laws and rules. 118.38(1)(a)(a) A school board may request the department to waive any school board or school district requirement in
chs. 115 to
121 or in the administrative rules promulgated by the department under the authority of those chapters, except for statutes or rules related to any of the following:
118.38(1)(a)7.
7. Licensure or certification under
s. 115.28 (7) or
(7m) other than the licensure of the school district administrator or business manager.
118.38(1)(b)
(b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.
118.38(1m)
(1m) The school board shall specify in its request for a waiver its reason for requesting the waiver.
118.38(2)(am)(am) In determining whether to grant the waiver, the department shall consider all of the following factors and may consider additional factors:
118.38(2)(am)1.
1. Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of
P.L. 103-227.
118.38(2)(am)2.
2. If the school board has adopted educational goals for the school district, whether the requirement impedes progress toward achieving the goals.
118.38(2)(bm)
(bm) The department shall promulgate rules establishing criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under
s. 121.02 (1) (f) 2. if school is closed for a reason specified in
s. 115.01 (10) (a) 2. or
3.
118.38(3)
(3) A waiver is effective for 4 years. The department shall renew the waiver for additional 4-year periods if the school board has evaluated the educational and financial effects of the waiver over the previous 4-year period, except that the department is not required to renew a waiver if the department determines that the school district is not making adequate progress toward improving pupil academic performance.
118.38(4)
(4) By July 1, 2000, the department shall submit a report to the governor, and to the appropriate standing committees of the legislature under
s. 13.172 (3). The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request and the educational and financial effects on the school district of each waiver that was granted.
118.40
118.40
Charter schools. 118.40(1)(1)
Notice to state superintendent. Whenever a school board intends to establish a charter school, it shall notify the state superintendent of its intention. Whenever one of the entities under
sub. (2r) (b) intends to establish a charter school, it shall notify the state superintendent of its intention by February 1 of the previous school year. A notice under this subsection shall include a description of the proposed school.
118.40(1m)(a)(a) A written petition requesting the school board to establish a charter school under this section may be filed with the school district clerk. The petition shall be signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school of the school district.
118.40(1m)(b)
(b) The petition shall include all of the following:
118.40(1m)(b)1.
1. The name of the person who is seeking to establish the charter school.
118.40(1m)(b)2.
2. The name of the person who will be in charge of the charter school and the manner in which administrative services will be provided.
118.40(1m)(b)4.
4. The methods the school will use to enable pupils to attain the educational goals under
s. 118.01.
118.40(1m)(b)5.
5. The method by which pupil progress in attaining the educational goals under
s. 118.01 will be measured.
118.40(1m)(b)6.
6. The governance structure of the school, including the method to be followed by the school to ensure parental involvement.
118.40(1m)(b)8.
8. The procedures that the school will follow to ensure the health and safety of the pupils.
118.40(1m)(b)9.
9. The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the school district population.
118.40(1m)(b)11.
11. The manner in which annual audits of the financial and programmatic operations of the school will be performed.
118.40(1m)(b)13.
13. The public school alternatives for pupils who reside in the school district and do not wish to attend or are not admitted to the charter school.
118.40(1m)(b)14.
14. A description of the school facilities and the types and limits of the liability insurance that the school will carry.
118.40(1m)(b)15.
15. The effect of the establishment of the charter school on the liability of the school district.
118.40(2)
(2) Public hearing; granting of petition. 118.40(2)(a)(a) Within 30 days after receiving a petition under
sub. (1m) the school board shall hold a public hearing on the petition. At the hearing, the school board shall consider the level of employee and parental support for the establishment of the charter school described in the petition and the fiscal impact of the establishment of the charter school on the school district. After the hearing, the school board may grant the petition.
118.40(2)(b)
(b) A school board may grant a petition that would result in the conversion of all of the public schools in the school district to charter schools if all of the following apply:
118.40(2)(b)1.
1. At least 50% of the teachers employed by the school district sign the petition.
118.40(2)(b)2.
2. The school board provides alternative public school attendance arrangements for pupils who do not wish to attend or are not admitted to a charter school.
118.40(2)(c)
(c) The school board of the school district operating under
ch. 119 shall either grant or deny the petition within 30 days after the public hearing. If the school board of the school district operating under
ch. 119 denies a petition, the person seeking to establish the charter school may, within 30 days after the denial, appeal the denial to the department. The department shall issue a decision within 30 days after receiving the appeal. The department's decision is final and not subject to judicial review under
ch. 227.
118.40(2m)(a)(a) A school board may on its own initiative contract with a person to operate a school as a charter school. The contract shall include all of the provisions specified under
sub. (1m) (b) and may include other provisions agreed to by the parties.
118.40(2m)(am)
(am) At least 30 days before entering in a contract under this subsection that would convert a private school to a charter school or that would establish a charter school that is not an instrumentality of the school district, the school board shall hold a public hearing on the contract. At the hearing, the school board shall consider the level of employee and parental support for the establishment of the charter school and the fiscal impact of the establishment of the charter school on the school district.
118.40(2m)(b)
(b) A school board may not enter into a contract under
par. (a) that would result in the conversion of all of the public schools in the school district to charter schools unless the school board complies with
sub. (2) (b) 2.
118.40(2r)(a)(a) In this subsection, "instructional staff" has the meaning given in the rules promulgated by the department under
s. 121.02 (1) (a) 2.
118.40(2r)(b)1.1. All of the following entities may establish by charter and operate a charter school or, on behalf of their respective entities, may initiate a contract with an individual or group to operate a school as a charter school:
118.40(2r)(b)1.c.
c. On a pilot basis, the chancellor of the University of Wisconsin-Parkside.
118.40(2r)(b)2.
2. A charter shall include all of the provisions specified under
sub. (1m) (b) 3. to
14. A contract shall include all of the provisions specified under
sub. (1m) (b) 1. to
14. and shall specify the effect of the establishment of the charter school on the liability of the contracting entity under this paragraph. The contract may include other provisions agreed to by the parties. The chancellor of the University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may not establish or enter into a contract for the establishment of a charter school under this paragraph without the approval of the board of regents of the University of Wisconsin System.
118.40(2r)(b)3.
3. If the chancellor of the University of Wisconsin-Parkside contracts for the establishment of a charter school, the contract shall also provide that the charter school must be operated by a governing board and that the chancellor or his or her designee must be a member of the governing board. In addition, if the contract provides that the instructional staff of the charter school shall consist of employees of the board of regents of the University of Wisconsin System, the contract shall also include provisions that do all of the following:
118.40(2r)(b)3.a.
a. Delegate to the governing board of the charter school the board of regents' authority to establish and adjust all compensation and fringe benefits of instructional staff, subject to the terms of any collective bargaining agreement under
subch. V of ch. 111 that covers the instructional staff. In the absence of a collective bargaining agreement, the governing board may establish and adjust all compensation and fringe benefits of the instructional staff only with the approval of the chancellor of the University of Wisconsin-Parkside.
118.40(2r)(b)3.b.
b. Authorize the governing board of the charter school to perform specified duties for the board of regents with respect to the instructional staff. This authorization may include duties related to supervising the instructional staff, taking disciplinary actions with respect to the instructional staff, recommending new hires or layoffs, collective bargaining, claims, complaints, or benefits and records administration.
118.40(2r)(b)4.
4. No chartering or contracting entity under
subd. 1. may establish or enter into a contract for the establishment of a virtual charter school.
