Amendment SSA1-SB22

SB22-SSA1,10,10 118.40 (2r) (b) 1. (intro.) All Except as provided in subd. 4., any 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:

SB22-SSA1, s. 22 Section 22. 118.40 (2r) (b) 1. e. and f. of the statutes are created to read:

SB22-SSA1,10,13 118.40 (2r) (b) 1. e. The board of control of a cooperative educational service agency.

SB22-SSA1,10,14 f. The charter school authorizing board.

SB22-SSA1, s. 23 Section 23. 118.40 (2r) (b) 2. of the statutes is amended to read:

SB22-SSA1,10,24 118.40 (2r) (b) 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.

SB22-SSA1, s. 24 Section 24. 118.40 (2r) (b) 3. (intro.) of the statutes is amended to read:

SB22-SSA1,11,8 118.40 (2r) (b) 3. (intro.) 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 and 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:

SB22-SSA1, s. 25 Section 25. 118.40 (2r) (b) 4. of the statutes is repealed and recreated to read:

SB22-SSA1,11,12 118.40 (2r) (b) 4. a. The charter school authorizing board may contract only with the governing board of a nonprofit corporation for the operation of a charter school.

SB22-SSA1,11,14 b. No entity under subd. 1. other than the board of control of a cooperative educational agency may contract for the operation of a virtual charter school.

SB22-SSA1, s. 26 Section 26. 118.40 (2r) (bm) of the statutes is amended to read:

SB22-SSA1,11,25 118.40 (2r) (bm) The common council of the city of Milwaukee, the chancellor of the University of Wisconsin-Milwaukee, and the Milwaukee area technical college district board may only establish or enter into a contract for the establishment of a charter school located in the school district operating under ch. 119. The chancellor of the University of Wisconsin-Parkside may only establish or enter into a contract for the establishment of a charter school located in a unified school district that is located in the county in which the University of Wisconsin-Parkside is situated or in an adjacent county. A contract with the charter school authorizing board may only authorize the establishment of charter schools located in one school district or in the territory of one cooperative educational service agency.

SB22-SSA1, s. 27 Section 27. 118.40 (2r) (c) and (cm) of the statutes are repealed.

SB22-SSA1, s. 28 Section 28. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

SB22-SSA1,12,4 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

SB22-SSA1, s. 29 Section 29. 118.40 (2r) (e) 2. of the statutes is amended to read:

SB22-SSA1,12,13 118.40 (2r) (e) 2. If the chancellor of the University of Wisconsin-Parkside establishes or contracts for the establishment of a charter school under this subsection, in March the department shall pay to the unified school district in which the charter school is located, from the appropriation under s. 20.255 (2) (fm), an amount equal to the amount of school aid per pupil to which the unified school district is eligible in the current school year multiplied by the number of pupils attending the charter school who attended the charter school in the 2010-11 school year and who were previously enrolled in the unified school district.

SB22-SSA1, s. 30 Section 30. 118.40 (2r) (f) of the statutes is amended to read:

SB22-SSA1,12,20 118.40 (2r) (f) If the chancellor of the University of Wisconsin-Parkside establishes or contracts for the establishment of a charter school under this subsection, biennially the chancellor shall submit a report to the legislature under s. 13.172 (2). The report shall include information on the academic performance of the pupils who attend the charter school and on the success of the governance structure of the charter school.

SB22-SSA1, s. 31 Section 31. 118.40 (2r) (g) of the statutes is created to read:

SB22-SSA1,12,25 118.40 (2r) (g) If a school board leases a building to the governing body of a charter school, the lease may not include a provision specifying that it terminates if the lessee enters into a contract with an entity under par. (b) to operate a charter school.

SB22-SSA1, s. 32 Section 32. 118.40 (2r) (h) of the statutes is created to read:

SB22-SSA1,13,6 118.40 (2r) (h) 1. If the governing board of a nonprofit corporation wishes to contract with the charter school authorizing board to operate a charter school, by July 1 it shall submit an application concurrently to the charter school authorizing board and the school board of the school district in which the corporation wishes to locate the charter school.

SB22-SSA1,13,11 2. By October 1, the school board shall either enter into a contract with the governing board of the nonprofit corporation to operate a charter school under sub. (2m) or refer the application to the charter school authorizing board unless the school board and governing board of the nonprofit corporation jointly request the charter school authorizing board for an additional 30 days.

SB22-SSA1,13,15 3. The charter school authorizing board shall review an application referred to it under subd. 2. by February 1 and shall either enter into a contract with the governing board of the nonprofit corporation to operate a charter school or deny the application.

SB22-SSA1, s. 33 Section 33. 118.40 (2r) (i) of the statutes is created to read:

SB22-SSA1,13,19 118.40 (2r) (i) The charter school authorizing board may have in effect up to the following number of contracts with the governing boards of nonprofit corporations for the operation of charter schools in the following school years:

SB22-SSA1,13,20 1. In the 2012-13 school year, 5.

SB22-SSA1,13,21 2. In the 2013-14 school year, 10.

SB22-SSA1,13,22 3. In the 2014-15 school year, 15.

SB22-SSA1,13,23 4. In the 2015-16 school year, 20.

SB22-SSA1,13,24 5. In the 2016-17 school year, 25.

SB22-SSA1,13,25 6. In the 2017-18 school year or any school year thereafter, any number.

SB22-SSA1, s. 34 Section 34. 118.40 (2r) (j) of the statutes is created to read:

SB22-SSA1,14,5 118.40 (2r) (j) A charter school established under this subsection is a local educational agency under 20 USC 6301 to 6578 and as such is eligible for funding as a local educational agency, and shall comply with all requirements of local educational agencies, under 20 USC 6301 to 6578.

SB22-SSA1, s. 35 Section 35. 118.40 (2t) of the statutes is created to read:

SB22-SSA1,14,10 118.40 (2t) State aid reduction. (a) Annually, the department shall determine, for each school district, the number of resident pupils attending a charter school under contract with the charter school authorizing board or the board of control of a cooperative educational service agency under sub. (2r).

SB22-SSA1,14,16 (b) The department shall reduce each school district's state aid payment under s. 121.08 by an amount equal to the number of pupils determined under par. (a) multiplied by the amount paid per pupil under sub. (2r) (e) 1. If the state aid payment under s. 121.08 is insufficient to cover the reduction, the department shall reduce other state aid payments made by the department to the school district by the remaining amount.

SB22-SSA1,14,20 (c) If a pupil attends a charter school as described under par. (a) for less than a full school term, the department shall prorate the state aid reduction under par. (b) based on the number of days that school is in session and the pupil attends the charter school.

SB22-SSA1,14,23 (d) The department shall ensure that the aid reduction under par. (b) does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

SB22-SSA1, s. 36 Section 36. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (c) and amended to read:

SB22-SSA1,15,3 118.40 (3m) (c) A school board or an entity under sub. (2r) (b) shall give Give preference in awarding contracts for the operation of charter schools to those charter schools that serve children at risk, as defined in s. 118.153 (1) (a).

SB22-SSA1, s. 37 Section 37. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (b) and amended to read:

SB22-SSA1,15,9 118.40 (3m) (b) When establishing or When contracting for the establishment of a charter school under this section, a school board or entity specified under sub. (2r) (b) shall consider adhere to the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

SB22-SSA1, s. 38 Section 38. 118.40 (3) (f) of the statutes is created to read:

SB22-SSA1,15,14 118.40 (3) (f) A contract with a school board or an entity under sub. (2r) (b) may provide for the establishment of more than one charter school, and a charter school governing board may enter into more than one contract with a school board or entity under sub. (2r) (b).

SB22-SSA1, s. 39 Section 39. 118.40 (3) (g) of the statutes is created to read:

SB22-SSA1,15,19 118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a contract with a school board or an entity under sub. (2r) (b) shall require that if the capacity of the charter school is insufficient to accept all pupils who apply, the charter school shall accept pupils at random.

SB22-SSA1,15,22 2. A charter school shall give preference in enrollment to pupils who were enrolled in the charter school in the previous school year and to siblings of pupils who are enrolled in the charter school.

SB22-SSA1,16,2 3. A charter school may give preference in enrollment to the children of the charter school's founders, governing board members, and full-time employees, but the total number of such children given preference may constitute no more than 10 percent of the charter school's total enrollment.

SB22-SSA1, s. 40 Section 40. 118.40 (3m) (intro.) of the statutes is created to read:

SB22-SSA1,16,5 118.40 (3m) Charter school authorizer duties. (intro.) A school board or entity under sub. (2r) (b) shall do all of the following:

SB22-SSA1, s. 41 Section 41. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:

SB22-SSA1,16,7 118.40 (3m) (a) Solicit and evaluate charter school applications.

SB22-SSA1,16,9 (d) Approve only high quality charter school applications that meet identified educational needs and promote a diversity of educational choices.

SB22-SSA1,16,12 (e) In accordance with the terms of each charter school contract, monitor the performance and compliance with this section of each charter school with which it contracts.

SB22-SSA1,16,14 (f) Annually, submit to the state superintendent and to the legislature under s. 13.172 (2) a report that includes all of the following:

SB22-SSA1,16,18 1. An identification of each charter school operating under contract with it, each charter school that operated under a contract with it but had its contract nonrenewed or revoked or that closed, and each charter school under contract with it that has not yet begun to operate.

SB22-SSA1,16,20 2. The academic and financial performance of each charter school operated under contract with it.

SB22-SSA1,16,22 3. The operating costs of the school board or entity under sub. (2r) (b) incurred under pars. (a) to (e), as detailed in its annual budget.

SB22-SSA1, s. 42 Section 42. 118.40 (4) (title) of the statutes is amended to read:

SB22-SSA1,16,25 118.40 (4) (title) Charter school governing board; duties, powers, and restrictions.

SB22-SSA1, s. 43 Section 43. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and 118.40 (4) (ar) (intro.), as renumbered, is amended to read:

SB22-SSA1,17,4 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of the following:

SB22-SSA1, s. 44 Section 44. 118.40 (4) (ag) of the statutes is created to read:

SB22-SSA1,17,9 118.40 (4) (ag) Governing board. Each charter school shall be governed by a governing board that is a party to the contract with the authorizing entity. No more than a minority of the governing board's members may be staff of the charter school or of the school district in which the charter school is located.

SB22-SSA1, s. 45 Section 45. 118.40 (4) (ar) 3. of the statutes is created to read:

SB22-SSA1,17,16 118.40 (4) (ar) 3. If the governing board is under contract with the charter school authorizing board, annually pay to the board a fee equal to the amount determined by multiplying the operational costs of all charter schools that it operated under contract with the board in the previous school year by 0.02. In order to determine the fee payable in the first school year of operation, the charter school governing board shall estimate its total operational costs in that school year.

SB22-SSA1, s. 46 Section 46. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and amended to read:

SB22-SSA1,17,24 118.40 (3) (h) Single-sex schools and courses. A school board may enter into a contract for, and an entity under sub. (2r) may establish or enter into a contract for, the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board or entity under sub. (2r) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.

SB22-SSA1, s. 47 Section 47. 118.40 (4) (d) of the statutes is created to read:

SB22-SSA1,18,3 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school governing board has all the powers necessary to carry out the terms of its contract, including the following:

SB22-SSA1,18,4 1. To receive and disburse funds for school purposes.

SB22-SSA1,18,5 2. To secure appropriate insurance.

SB22-SSA1,18,9 3. To enter into contracts, including contracts with a University of Wisconsin institution or college campus, technical college district board, or private college or university, for technical or financial assistance, academic support, curriculum review, or other services.

SB22-SSA1,18,10 4. To incur debt in reasonable anticipation of the receipt of funds.

SB22-SSA1,18,12 5. To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

SB22-SSA1,18,13 6. To solicit and accept gifts or grants for school purposes.

SB22-SSA1,18,14 7. To acquire real property for its use.

SB22-SSA1,18,15 8. To sue and be sued in its own name.

SB22-SSA1, s. 48 Section 48. 118.40 (6) of the statutes is amended to read:

SB22-SSA1,18,21 118.40 (6) Program voluntary. No Unless all of the public schools in a school district have been converted to charter schools under sub. (2) (b) or (2m) (b), no pupil may be required to attend a charter school without his or her approval, if the pupil is an adult, or the approval of his or her parents or legal guardian, if the pupil is a minor.

SB22-SSA1, s. 49 Section 49. 118.40 (7) (am) 1. of the statutes is amended to read:

SB22-SSA1,19,5 118.40 (7) (am) 1. Except as provided in subds. subd. 2. and 3., if a charter school is established under sub. (2m) and located in the school district operating under ch. 119, the school board of that school district shall determine whether or not the charter school is an instrumentality of the school district. If the school board determines that a charter school is an instrumentality of the school district, the school board shall employ all personnel for the charter school. If the school board determines that a charter school is not an instrumentality of the school district, the school board may not employ any personnel for the charter school.

SB22-SSA1, s. 50 Section 50. 118.40 (7) (am) 3. of the statutes is repealed.

SB22-SSA1, s. 51 Section 51. 118.40 (7) (c) of the statutes is created to read:

SB22-SSA1,19,10 118.40 (7) (c) For the purpose of eligibility for participation in the Wisconsin Retirement System, a charter school is considered a public entity that is carrying out a governmental purpose.

SB22-SSA1, s. 52 Section 52. 118.40 (8) (a) (intro.) of the statutes is amended to read: