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AB51-ASA1,14,2321 (d) The department shall ensure that the aid reduction under par. (b) does not
22affect the amount determined to be received by a school district as state aid under
23s. 121.08 for any other purpose.
AB51-ASA1, s. 36 24Section 36. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (c) and
25amended to read:
AB51-ASA1,15,3
1118.40 (3m) (c) A school board or an entity under sub. (2r) (b) shall give Give
2preference in awarding contracts for the operation of charter schools to those charter
3schools that serve children at risk, as defined in s. 118.153 (1) (a).
AB51-ASA1, s. 37 4Section 37. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (b) and
5amended to read:
AB51-ASA1,15,96 118.40 (3m) (b) When establishing or When contracting for the establishment
7of a charter school under this section, a school board or entity specified under sub.
8(2r) (b) shall consider
adhere to the principles and standards for quality charter
9schools established by the National Association of Charter School Authorizers.
AB51-ASA1, s. 38 10Section 38. 118.40 (3) (f) of the statutes is created to read:
AB51-ASA1,15,1411 118.40 (3) (f) A contract with a school board or an entity under sub. (2r) (b) may
12provide for the establishment of more than one charter school, and a charter school
13governing board may enter into more than one contract with a school board or entity
14under sub. (2r) (b).
AB51-ASA1, s. 39 15Section 39. 118.40 (3) (g) of the statutes is created to read:
AB51-ASA1,15,1916 118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a
17contract with a school board or an entity under sub. (2r) (b) shall require that if the
18capacity of the charter school is insufficient to accept all pupils who apply, the charter
19school shall accept pupils at random.
AB51-ASA1,15,2220 2. A charter school shall give preference in enrollment to pupils who were
21enrolled in the charter school in the previous school year and to siblings of pupils who
22are enrolled in the charter school.
AB51-ASA1,16,223 3. A charter school may give preference in enrollment to the children of the
24charter school's founders, governing board members, and full-time employees, but

1the total number of such children given preference may constitute no more than 10
2percent of the charter school's total enrollment.
AB51-ASA1, s. 40 3Section 40. 118.40 (3m) (intro.) of the statutes is created to read:
AB51-ASA1,16,54 118.40 (3m) Charter school authorizer duties. (intro.) A school board or
5entity under sub. (2r) (b) shall do all of the following:
AB51-ASA1, s. 41 6Section 41. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:
AB51-ASA1,16,77 118.40 (3m) (a) Solicit and evaluate charter school applications.
AB51-ASA1,16,98 (d) Approve only high quality charter school applications that meet identified
9educational needs and promote a diversity of educational choices.
AB51-ASA1,16,1210 (e) In accordance with the terms of each charter school contract, monitor the
11performance and compliance with this section of each charter school with which it
12contracts.
AB51-ASA1,16,1413 (f) Annually, submit to the state superintendent and to the legislature under
14s. 13.172 (2) a report that includes all of the following:
AB51-ASA1,16,1815 1. An identification of each charter school operating under contract with it,
16each charter school that operated under a contract with it but had its contract
17nonrenewed or revoked or that closed, and each charter school under contract with
18it that has not yet begun to operate.
AB51-ASA1,16,2019 2. The academic and financial performance of each charter school operated
20under contract with it.
AB51-ASA1,16,2221 3. The operating costs of the school board or entity under sub. (2r) (b) incurred
22under pars. (a) to (e), as detailed in its annual budget.
AB51-ASA1, s. 42 23Section 42. 118.40 (4) (title) of the statutes is amended to read:
AB51-ASA1,16,2524 118.40 (4) (title) Charter school governing board; duties, powers, and
25restrictions.
AB51-ASA1, s. 43
1Section 43. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and
2118.40 (4) (ar) (intro.), as renumbered, is amended to read:
AB51-ASA1,17,43 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of
4the following:
AB51-ASA1, s. 44 5Section 44. 118.40 (4) (ag) of the statutes is created to read:
AB51-ASA1,17,96 118.40 (4) (ag) Governing board. Each charter school shall be governed by a
7governing board that is a party to the contract with the authorizing entity. No more
8than a minority of the governing board's members may be staff of the charter school
9or of the school district in which the charter school is located.
AB51-ASA1, s. 45 10Section 45. 118.40 (4) (ar) 3. of the statutes is created to read:
AB51-ASA1,17,1611 118.40 (4) (ar) 3. If the governing board is under contract with the charter
12school authorizing board, annually pay to the board a fee equal to the amount
13determined by multiplying the operational costs of all charter schools that it
14operated under contract with the board in the previous school year by 0.02. In order
15to determine the fee payable in the first school year of operation, the charter school
16governing board shall estimate its total operational costs in that school year.
AB51-ASA1, s. 46 17Section 46. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and
18amended to read:
AB51-ASA1,17,2419 118.40 (3) (h) Single-sex schools and courses. A school board may enter into
20a contract for,
and an entity under sub. (2r) may establish or enter into a contract
21for, the establishment of a charter school that enrolls only one sex or that provides
22one or more courses that enroll only one sex if the school board or entity under sub.
23(2r) makes available to the opposite sex, under the same policies and criteria of
24admission, schools or courses that are comparable to each such school or course.
AB51-ASA1, s. 47 25Section 47. 118.40 (4) (d) of the statutes is created to read:
AB51-ASA1,18,3
1118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school
2governing board has all the powers necessary to carry out the terms of its contract,
3including the following:
AB51-ASA1,18,44 1. To receive and disburse funds for school purposes.
AB51-ASA1,18,55 2. To secure appropriate insurance.
AB51-ASA1,18,96 3. To enter into contracts, including contracts with a University of Wisconsin
7institution or college campus, technical college district board, or private college or
8university, for technical or financial assistance, academic support, curriculum
9review, or other services.
AB51-ASA1,18,1010 4. To incur debt in reasonable anticipation of the receipt of funds.
AB51-ASA1,18,1211 5. To pledge, assign, or encumber its assets to be used as collateral for loans or
12extensions of credit.
AB51-ASA1,18,1313 6. To solicit and accept gifts or grants for school purposes.
AB51-ASA1,18,1414 7. To acquire real property for its use.
AB51-ASA1,18,1515 8. To sue and be sued in its own name.
AB51-ASA1, s. 48 16Section 48. 118.40 (6) of the statutes is amended to read:
AB51-ASA1,18,2117 118.40 (6) Program voluntary. No Unless all of the public schools in a school
18district have been converted to charter schools under sub. (2) (b) or (2m) (b), no
pupil
19may be required to attend a charter school without his or her approval, if the pupil
20is an adult, or the approval of his or her parents or legal guardian, if the pupil is a
21minor.
AB51-ASA1, s. 49 22Section 49. 118.40 (7) (am) 1. of the statutes is amended to read:
AB51-ASA1,19,523 118.40 (7) (am) 1. Except as provided in subds. subd. 2. and 3., if a charter
24school is established under sub. (2m) and located in the school district operating
25under ch. 119, the school board of that school district shall determine whether or not

1the charter school is an instrumentality of the school district. If the school board
2determines that a charter school is an instrumentality of the school district, the
3school board shall employ all personnel for the charter school. If the school board
4determines that a charter school is not an instrumentality of the school district, the
5school board may not employ any personnel for the charter school.
AB51-ASA1, s. 50 6Section 50. 118.40 (7) (am) 3. of the statutes is repealed.
AB51-ASA1, s. 51 7Section 51. 118.40 (7) (c) of the statutes is created to read:
AB51-ASA1,19,108 118.40 (7) (c) For the purpose of eligibility for participation in the Wisconsin
9Retirement System, a charter school is considered a public entity that is carrying out
10a governmental purpose.
AB51-ASA1, s. 52 11Section 52. 118.40 (8) (a) (intro.) of the statutes is amended to read:
AB51-ASA1,19,1412 118.40 (8) (a) Location. (intro.) For the purposes of sub. (7) (a), (am), and (ar),
13a virtual charter school under contract with one or more school boards is considered
14to be located in the following school district:
AB51-ASA1, s. 53 15Section 53. 118.40 (8) (f) 1. of the statutes is amended to read:
AB51-ASA1,19,1816 118.40 (8) (f) 1. The members of the school board governing body of the entity
17that contracted for the establishment of the virtual charter school and the
18administrators of that school district entity.
AB51-ASA1, s. 54 19Section 54. 118.40 (8) (g) 2. of the statutes is amended to read:
AB51-ASA1,20,720 118.40 (8) (g) 2. Subject to subd. 2m., the third time in the same semester that
21a pupil attending a virtual charter school fails to respond appropriately to a school
22assignment or directive from instructional staff within 5 school days, the governing
23body of the virtual charter school shall also notify the school board governing body
24of the entity
that contracted for the establishment of the virtual charter school, the
25school board of the pupil's resident school district, and the department. The school

1board
governing body of the entity that contracted for the establishment of the
2virtual charter school may transfer the pupil to his or her resident school district.
3If the pupil is a resident of the school district that contracted for the establishment
4of the virtual charter school, the school board may assign the pupil to another school
5or program within that school district. If the school board governing body transfers
6or the school board assigns a pupil, it shall notify the pupil's parent or guardian and
7the department.
AB51-ASA1, s. 55 8Section 55. 118.40 (8) (g) 3. of the statutes is amended to read:
AB51-ASA1,20,139 118.40 (8) (g) 3. The parent or guardian of a pupil transferred to the pupil's
10resident school district under subd. 2. may appeal the transfer to the department
11within 30 days after receipt of the notice of transfer. The department shall affirm
12the school board's governing body's decision unless the department finds that the
13decision was arbitrary or unreasonable.
AB51-ASA1, s. 56 14Section 56. 118.40 (8) (h) of the statutes is repealed.
AB51-ASA1, s. 57 15Section 57. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ar).
AB51-ASA1, s. 58 16Section 58. 118.51 (1) (ag) of the statutes is created to read:
AB51-ASA1,20,1817 118.51 (1) (ag) "Charter school" excludes a school under contract with an entity
18under s. 118.40 (2r) (b).
AB51-ASA1, s. 59 19Section 59. 118.51 (3) (a) 6. of the statutes is amended to read:
AB51-ASA1,20,2520 118.51 (3) (a) 6. If an application is accepted, on or before the first Friday
21following the first Monday in June following receipt of a notice of acceptance, or
22within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting
23list under s. 118.40 (8) (h) 5.,
the pupil's parent shall notify the nonresident school
24board of the pupil's intent to attend school in that school district in the following
25school year.
AB51-ASA1, s. 60
1Section 60. 118.51 (3) (a) 7. of the statutes is repealed.
AB51-ASA1, s. 61 2Section 61. 118.51 (3) (b) of the statutes is amended to read:
AB51-ASA1,21,93 118.51 (3) (b) Notice to resident school district. Annually by June 30, each
4nonresident school board that has accepted a pupil under this section for attendance
5in the following school year shall report the name of the pupil to the pupil's resident
6school board. If a pupil is selected from a waiting list under s. 118.40 (8) (h) 5., the
7nonresident school board shall report the name of the pupil to the pupil's resident
8school board within 10 days of receiving notice of the pupil's selection from the
9department.
AB51-ASA1, s. 62 10Section 62. 119.60 (5) of the statutes is created to read:
AB51-ASA1,21,1311 119.60 (5) Annually by August 1 the common council shall report to the
12department, the charter school authorizing board, and the legislature under s.
1313.172 (2) all of the following:
AB51-ASA1,21,1714 (a) All instances in the previous school year in which a person expressed
15interest in purchasing or leasing any city-owned property used for school purposes
16to a city official or employee. If the property was not sold or leased, the report shall
17indicate the reason.
AB51-ASA1,21,2018 (b) All sales of city-owned property used for school purposes that occurred in
19the previous school year and all leases of such property that were entered into in the
20previous school year.
AB51-ASA1, s. 63 21Section 63. 119.60 (6) of the statutes is created to read:
AB51-ASA1,22,222 119.60 (6) For any lease of city-owned property used for school purposes that
23is in effect on January 1, 2011, between the board and a charter school that is not an
24instrumentality of the school district under s. 118.40 (7), when the lease is extended,
25modified, or renewed the common council shall be made party to the lease and may

1negotiate with the charter school to modify the terms of the lease if the common
2council adopts a resolution to do so.
AB51-ASA1, s. 64 3Section 64. 121.02 (1) (a) 2. of the statutes is amended to read:
AB51-ASA1,22,114 121.02 (1) (a) 2. Subject Except as provided in s. 118.40 (2r) (d) 1. and subject
5to s. 118.40 (8) (b) 2., ensure that all instructional staff of charter schools located in
6the school district hold a license or permit to teach issued by the department. For
7purposes of this subdivision, a virtual charter school under contract with one or more
8school boards
is located in the school district specified in s. 118.40 (8) (a) and a charter
9school established under s. 118.40 (3) (c) 1. c. is located in the school district specified
10in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining
11"instructional staff" for purposes of this subdivision.
AB51-ASA1, s. 65 12Section 65. 121.05 (1) (a) 9. of the statutes is amended to read:
AB51-ASA1,22,1513 121.05 (1) (a) 9. Pupils enrolled in a charter school , other than a charter school
14under s. 118.40 (2r)
under contract with a school board, the charter school
15authorizing board, or the board of control of a cooperative educational service agency
.
AB51-ASA1, s. 66 16Section 66. 121.08 (4) (a) 1. of the statutes is amended to read:
AB51-ASA1,22,2017 121.08 (4) (a) 1. In the 2009-10 and 2010-11 school year, add Add the amounts
18paid under s. 118.40 (2r) in the current school year, and in the 2011-12 school year
19and each school year thereafter, add the amounts paid under s. 118.40 (2r) in the
202010-11 school year
.
AB51-ASA1, s. 67 21Section 67. 230.08 (2) (dm) of the statutes is amended to read:
AB51-ASA1,22,2422 230.08 (2) (dm) Instructional staff employed by the board of regents of the
23University of Wisconsin System who provide services for a charter school established
24by contract under s. 118.40 (2r) (cm), 2009 stats.
AB51-ASA1, s. 68 25Section 68. 230.08 (2) (wc) of the statutes is created to read:
AB51-ASA1,23,2
1230.08 (2) (wc) Professional staff members of the charter school authorizing
2board authorized under s. 118.395 (2).
AB51-ASA1, s. 69 3Section 69. 230.35 (1s) of the statutes, as affected by 2011 Wisconsin Act 10,
4is amended to read:
AB51-ASA1,23,105 230.35 (1s) Annual leave of absence with pay for instructional staff employed
6by the board of regents of the University of Wisconsin System who provide services
7for a charter school established by contract under s. 118.40 (2r) (cm), 2009 stats.,
8shall be determined by the governing board of the charter school established by
9contract under s. 118.40 (2r) (cm), 2009 stats., as approved by the chancellor of the
10University of Wisconsin-Parkside.
AB51-ASA1, s. 70 11Section 70. Nonstatutory provisions.
AB51-ASA1,23,1912 (1) Notwithstanding section 15.56 (1) of the statutes, as created by this act, of
13the initial members appointed to the charter school authorizing board under section
1415.56 (1) (a) of the statutes, as created by this act, 2 members shall be appointed for
15terms expiring on May 1, 2013, 2 members shall be appointed for terms expiring on
16May 1, 2014, and 2 members shall be appointed for terms expiring on May 1, 2015;
17of the initial members appointed under section 15.56 (1) (b) of the statutes, as created
18by this act, one member shall be appointed for a term expiring on May 1, 2013, and
19one member shall be appointed for a term expiring on May 1, 2014.
AB51-ASA1, s. 71 20Section 71. Initial applicability.
AB51-ASA1,23,2421 (1) Charter school contracts. The treatment of sections 118.40 (2r) (b) 2., (3)
22(e) and (g), (4) (ag) and (d), and (7) (am) 3. of the statutes first applies to a contract
23for the establishment of a charter school that is entered into, renewed, or modified
24on the effective date of this subsection.
AB51-ASA1,24,3
1(2) School leases. The treatment of section 118.40 (2r) (g) of the statutes first
2applies to a lease entered into, renewed, or modified on the effective date of this
3subsection.
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