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Under current law, pupils attending a charter school under contract with a
school board are counted in the school district's enrollment for state aid purposes.
This substitute amendment also counts in a school district's enrollment those
resident pupils who are attending an independent charter school under contract with
the CSAB or a CESA. However, the substitute amendment reduces the school
district's state aid by an amount equal to the number of such pupils multiplied by the
per pupil state aid amount that is paid to the independent charter schools.
The substitute amendment provides that if the Board of Directors of the
Milwaukee Public Schools (MPS) has leased property owned by the city of Milwaukee
to a charter school that is not an instrumentality of MPS, and the lease was in effect
on January 1, 2011, when the lease is extended, modified, or renewed, the city of
Milwaukee is a party to the lease and may negotiate with the charter school to modify
the terms of the lease.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB51-ASA1, s. 1 1Section 1. 15.07 (1) (a) 7. of the statutes is created to read:
AB51-ASA1,4,32 15.07 (1) (a) 7. Members of the charter school authorizing board appointed
3under s. 15.56 shall be appointed as provided in that section.
AB51-ASA1, s. 2 4Section 2. 15.56 of the statutes is created to read:
AB51-ASA1,4,7 515.56 Charter school authorizing board. (1) There is created a charter
6school authorizing board consisting of the state superintendent of public instruction
7and the following members appointed for 3-year terms:
AB51-ASA1,4,88 (a) Six members appointed by the governor.
AB51-ASA1,5,3
1(b) Two members appointed by the state superintendent of public instruction
2from a list of nominees submitted jointly by the Wisconsin Association of School
3Boards and the Wisconsin Association of School District Administrators.
AB51-ASA1,5,9 4(2) The appointing authorities under sub. (1) shall ensure to the extent feasible
5that members appointed to the board are geographically diverse and have experience
6and expertise in governing public and nonprofit organizations; in management and
7finance; in public school leadership, assessment, and curriculum and instruction;
8and in education law; and understand and are committed to the use of charter schools
9to strengthen public education.
AB51-ASA1,5,11 10(3) No member of the board appointed under sub. (1) may serve more than 2
11consecutive terms.
AB51-ASA1,5,12 12(4) The board does not have rulemaking authority.
AB51-ASA1, s. 3 13Section 3. 20.265 of the statutes is created to read:
AB51-ASA1,5,15 1420.265 Charter school authorizing board. There is appropriated to the
15charter school authorizing board for the following programs:
AB51-ASA1,5,17 16(1) Support of charter schools. (g) Oversight. All moneys received as fees
17under s. 118.40 (4) (ar) 3. to perform its functions under s. 118.40.
AB51-ASA1,5,1918 (h) Gifts and grants. All moneys received from gifts and grants for the purposes
19for which made.
AB51-ASA1, s. 4 20Section 4. 20.923 (4) (e) 1. c. of the statutes is created to read:
AB51-ASA1,5,2121 20.923 (4) (e) 1. c. Charter school authorizing board: executive director.
AB51-ASA1, s. 5 22Section 5. 20.923 (6) (aLm) of the statutes is created to read:
AB51-ASA1,5,2423 20.923 (6) (aLm) Charter school authorizing board: unclassified professional
24staff.
AB51-ASA1, s. 6 25Section 6. 20.923 (6) (m) of the statutes is amended to read:
AB51-ASA1,6,6
120.923 (6) (m) University of Wisconsin System: deans, principals, professors,
2instructors, research assistants, librarians and other teachers, as defined in s. 40.02
3(55), the staff of the environmental education board, and instructional staff
4employed by the board of regents of the University of Wisconsin System who provide
5services for a charter school established by contract under s. 118.40 (2r) (cm), 2009
6stats
.
AB51-ASA1, s. 7 7Section 7. 40.02 (28) of the statutes is amended to read:
AB51-ASA1,6,188 40.02 (28) "Employer" means the state, including each state agency, any
9county, city, village, town, school district, other governmental unit or
10instrumentality of 2 or more units of government now existing or hereafter created
11within the state, any charter school under contract with a school board or with an
12entity specified in s. 118.40 (2r) (b) 1.,
any federated public library system established
13under s. 43.19 whose territory lies within a single county with a population of
14500,000 or more, a local exposition district created under subch. II of ch. 229, a transit
15authority created under s. 66.1039, and a long-term care district created under s.
1646.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not
17include a local cultural arts district created under subch. V of ch. 229. Each employer
18shall be a separate legal jurisdiction for OASDHI purposes.
AB51-ASA1, s. 8 19Section 8. 40.02 (36) of the statutes is amended to read:
AB51-ASA1,7,620 40.02 (36) "Governing body" means the legislature or the head of each state
21agency with respect to employees of that agency for the state, the common council
22in cities, the village board in villages, the town board in towns, the county board in
23counties, the school board in school districts, or the board, commission or other
24governing body having the final authority for any other unit of government, for any
25agency or instrumentality of 2 or more units of government, for any federated public

1library system established under s. 43.19 whose territory lies within a single county
2with a population of 500,000 or more, for a local exposition district created under
3subch. II of ch. 229, for a charter school under contract with a school board or with
4an entity specified in s. 118.40 (2r) (b) 1.,
or for a long-term care district created
5under s. 46.2895, but does not include a local cultural arts district created under
6subch. V of ch. 229.
AB51-ASA1, s. 9 7Section 9. 40.05 (2) (f) 9. of the statutes is created to read:
AB51-ASA1,7,128 40.05 (2) (f) 9. If the participating employer was a charter school under contract
9with a school board or with an entity specified in s. 118.40 (2r) (b) 1., and there is no
10successor employer to assume any outstanding obligations under the terms of this
11paragraph, the outstanding obligation shall be the responsibility of the school board
12or entity that contracted for the establishment of the charter school.
AB51-ASA1, s. 10 13Section 10. 111.81 (7) (f) of the statutes is amended to read:
AB51-ASA1,7,1614 111.81 (7) (f) Instructional staff employed by the board of regents of the
15University of Wisconsin System who provide services for a charter school established
16by contract under s. 118.40 (2r) (cm), 2009 stats.
AB51-ASA1, s. 11 17Section 11. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Act 10,
18is amended to read:
AB51-ASA1,8,819 111.815 (1) In the furtherance of this subchapter, the state shall be considered
20as a single employer and employment relations policies and practices throughout the
21state service shall be as consistent as practicable. The office shall negotiate and
22administer collective bargaining agreements. To coordinate the employer position
23in the negotiation of agreements, the office shall maintain close liaison with the
24legislature relative to the negotiation of agreements and the fiscal ramifications of
25those agreements. Except with respect to the collective bargaining unit specified in

1s. 111.825 (2) (f), the office is responsible for the employer functions of the executive
2branch under this subchapter, and shall coordinate its collective bargaining
3activities with operating state agencies on matters of agency concern. The legislative
4branch shall act upon those portions of tentative agreements negotiated by the office
5that require legislative action. With respect to the collective bargaining unit
6specified in s. 111.825 (2) (f), the governing board of the charter school established
7by contract under s. 118.40 (2r) (cm), 2009 stats., is responsible for the employer
8functions under this subchapter.
AB51-ASA1, s. 12 9Section 12. 111.825 (2) (f) of the statutes is amended to read:
AB51-ASA1,8,1210 111.825 (2) (f) Instructional staff employed by the board of regents of the
11University of Wisconsin System who provide services for a charter school established
12by contract under s. 118.40 (2r) (cm), 2009 stats.
AB51-ASA1, s. 13 13Section 13. 111.92 (1) (c) of the statutes is amended to read:
AB51-ASA1,8,1914 111.92 (1) (c) Any tentative agreement reached between the governing board
15of the charter school established by contract under s. 118.40 (2r) (cm), 2009 stats.,
16acting for the state, and any labor organization representing a collective bargaining
17unit specified in s. 111.825 (2) (f) shall, after official ratification by the labor
18organization and approval by the chancellor of the University of
19Wisconsin-Parkside, be executed by the parties.
AB51-ASA1, s. 14 20Section 14. 115.001 (1) of the statutes is amended to read:
AB51-ASA1,8,2321 115.001 (1) Charter school. "Charter school" means a school under contract
22with a school board under s. 118.40 or with one of the entities under s. 118.40 (2r) (b),
23or a school established and operated by one of the entities under s. 118.40 (2r) (b)
.
AB51-ASA1, s. 15 24Section 15. 115.001 (16) of the statutes is amended to read:
AB51-ASA1,9,5
1115.001 (16) Virtual charter school. "Virtual charter school" means a charter
2school under contract with a school board or board of control of a cooperative
3educational service agency
under s. 118.40 in which all or a portion of the instruction
4is provided through means of the Internet, and the pupils enrolled in and
5instructional staff employed by the school are geographically remote from each other.
AB51-ASA1, s. 16 6Section 16. 118.19 (14) of the statutes is created to read:
AB51-ASA1,9,117 118.19 (14) The department shall promulgate rules establishing a charter
8school teaching license that allows the licensee to teach multiple subjects in a charter
9school. The rules shall require the applicant to demonstrate competence in each
10subject that he or she wishes to teach and shall provide the applicant several means
11of doing so.
AB51-ASA1, s. 17 12Section 17. 118.395 of the statutes is created to read:
AB51-ASA1,9,16 13118.395 Charter school authorizing board; executive director, staff. (1)
14The charter school authorizing board shall appoint an executive director outside the
15classified service. The executive director shall coordinate the activities of the board
16and exercise such further powers, functions and duties as the board prescribes.
AB51-ASA1,9,20 17(2) The executive director of the charter school authorizing board may employ
184 professional staff members outside the classified service. Subject to authorization
19under s. 16.505, the executive director may employ additional professional staff
20members outside the classified service.
AB51-ASA1, s. 18 21Section 18. 118.40 (2) (b) (intro.) of the statutes is renumbered 118.40 (2) (b)
22and amended to read:
AB51-ASA1,9,2523 118.40 (2) (b) A school board may grant a petition that would result in the
24conversion of all of the public schools in the school district to charter schools if all of
25the following apply:
.
AB51-ASA1, s. 19
1Section 19. 118.40 (2) (b) 1. and 2. of the statutes are repealed.
AB51-ASA1, s. 20 2Section 20. 118.40 (2m) (b) of the statutes is amended to read:
AB51-ASA1,10,53 118.40 (2m) (b) A school board may not enter into a contract under par. (a) that
4would result in the conversion of all of the public schools in the school district to
5charter schools unless the school board complies with sub. (2) (b) 2.
AB51-ASA1, s. 21 6Section 21. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:
AB51-ASA1,10,107 118.40 (2r) (b) 1. (intro.) All Except as provided in subd. 4., any of the following
8entities may establish by charter and operate a charter school or, on behalf of their
9respective entities, may initiate a
contract with an individual or group to operate a
10school as a charter school:
AB51-ASA1, s. 22 11Section 22. 118.40 (2r) (b) 1. e. and f. of the statutes are created to read:
AB51-ASA1,10,1312 118.40 (2r) (b) 1. e. The board of control of a cooperative educational service
13agency.
AB51-ASA1,10,1414 f. The charter school authorizing board.
AB51-ASA1, s. 23 15Section 23. 118.40 (2r) (b) 2. of the statutes is amended to read:
AB51-ASA1,10,2416 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under
17sub. (1m) (b) 3. to 14.
A contract shall include all of the provisions specified under
18sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter
19school on the liability of the contracting entity under this paragraph. The contract
20may include other provisions agreed to by the parties. The chancellor of the
21University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may
22not establish or enter into a contract for the establishment of a charter school under
23this paragraph without the approval of the board of regents of the University of
24Wisconsin System.
AB51-ASA1, s. 24 25Section 24. 118.40 (2r) (b) 3. (intro.) of the statutes is amended to read:
AB51-ASA1,11,8
1118.40 (2r) (b) 3. (intro.) If the chancellor of the University of
2Wisconsin-Parkside contracts for the establishment of a charter school, the contract
3shall also provide that the charter school must be operated by a governing board and
4that the chancellor or his or her designee must be a member of the governing board.
5In addition, if
and the contract provides that the instructional staff of the charter
6school shall consist of employees of the board of regents of the University of
7Wisconsin System, the contract shall also include provisions that do all of the
8following:
AB51-ASA1, s. 25 9Section 25. 118.40 (2r) (b) 4. of the statutes is repealed and recreated to read:
AB51-ASA1,11,1210 118.40 (2r) (b) 4. a. The charter school authorizing board may contract only
11with the governing board of a nonprofit corporation for the operation of a charter
12school.
AB51-ASA1,11,1413 b. No entity under subd. 1. other than the board of control of a cooperative
14educational agency may contract for the operation of a virtual charter school.
AB51-ASA1, s. 26 15Section 26. 118.40 (2r) (bm) of the statutes is amended to read:
AB51-ASA1,11,2516 118.40 (2r) (bm) The common council of the city of Milwaukee, the chancellor
17of the University of Wisconsin-Milwaukee, and the Milwaukee area technical college
18district board may only establish or enter into a contract for the establishment of a
19charter school located in the school district operating under ch. 119. The chancellor
20of the University of Wisconsin-Parkside may only establish or enter into a contract
21for the establishment of a charter school located in a unified school district that is
22located in the county in which the University of Wisconsin-Parkside is situated or
23in an adjacent county. A contract with the charter school authorizing board may only
24authorize the establishment of charter schools located in one school district or in the
25territory of one cooperative educational service agency.
AB51-ASA1, s. 27
1Section 27. 118.40 (2r) (c) and (cm) of the statutes are repealed.
AB51-ASA1, s. 28 2Section 28. 118.40 (2r) (d) (intro.) of the statutes is amended to read:
AB51-ASA1,12,43 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall
4do all of the following:
AB51-ASA1, s. 29 5Section 29. 118.40 (2r) (e) 2. of the statutes is amended to read:
AB51-ASA1,12,136 118.40 (2r) (e) 2. If the chancellor of the University of Wisconsin-Parkside
7establishes or contracts for the establishment of a charter school under this
8subsection, in March the department shall pay to the unified school district in which
9the charter school is located, from the appropriation under s. 20.255 (2) (fm), an
10amount equal to the amount of school aid per pupil to which the unified school district
11is eligible in the current school year multiplied by the number of pupils attending the
12charter school who attended the charter school in the 2010-11 school year and who
13were previously enrolled in the unified school district.
AB51-ASA1, s. 30 14Section 30. 118.40 (2r) (f) of the statutes is amended to read:
AB51-ASA1,12,2015 118.40 (2r) (f) If the chancellor of the University of Wisconsin-Parkside
16establishes or contracts for the establishment of a charter school under this
17subsection, biennially the chancellor shall submit a report to the legislature under
18s. 13.172 (2). The report shall include information on the academic performance of
19the pupils who attend the charter school and on the success of the governance
20structure of the charter school.
AB51-ASA1, s. 31 21Section 31. 118.40 (2r) (g) of the statutes is created to read:
AB51-ASA1,12,2522 118.40 (2r) (g) If a school board leases a building to the governing body of a
23charter school, the lease may not include a provision specifying that it terminates if
24the lessee enters into a contract with an entity under par. (b) to operate a charter
25school.
AB51-ASA1, s. 32
1Section 32. 118.40 (2r) (h) of the statutes is created to read:
AB51-ASA1,13,62 118.40 (2r) (h) 1. If the governing board of a nonprofit corporation wishes to
3contract with the charter school authorizing board to operate a charter school, by
4July 1 it shall submit an application concurrently to the charter school authorizing
5board and the school board of the school district in which the corporation wishes to
6locate the charter school.
AB51-ASA1,13,117 2. By October 1, the school board shall either enter into a contract with the
8governing board of the nonprofit corporation to operate a charter school under sub.
9(2m) or refer the application to the charter school authorizing board unless the school
10board and governing board of the nonprofit corporation jointly request the charter
11school authorizing board for an additional 30 days.
AB51-ASA1,13,1512 3. The charter school authorizing board shall review an application referred to
13it under subd. 2. by February 1 and shall either enter into a contract with the
14governing board of the nonprofit corporation to operate a charter school or deny the
15application.
AB51-ASA1, s. 33 16Section 33. 118.40 (2r) (i) of the statutes is created to read:
AB51-ASA1,13,1917 118.40 (2r) (i) The charter school authorizing board may have in effect up to
18the following number of contracts with the governing boards of nonprofit
19corporations for the operation of charter schools in the following school years:
AB51-ASA1,13,2020 1. In the 2012-13 school year, 5.
AB51-ASA1,13,2121 2. In the 2013-14 school year, 10.
AB51-ASA1,13,2222 3. In the 2014-15 school year, 15.
AB51-ASA1,13,2323 4. In the 2015-16 school year, 20.
AB51-ASA1,13,2424 5. In the 2016-17 school year, 25.
AB51-ASA1,13,2525 6. In the 2017-18 school year or any school year thereafter, any number.
AB51-ASA1, s. 34
1Section 34. 118.40 (2r) (j) of the statutes is created to read:
AB51-ASA1,14,52 118.40 (2r) (j) A charter school established under this subsection is a local
3educational agency under 20 USC 6301 to 6578 and as such is eligible for funding as
4a local educational agency, and shall comply with all requirements of local
5educational agencies, under 20 USC 6301 to 6578.
AB51-ASA1, s. 35 6Section 35. 118.40 (2t) of the statutes is created to read:
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