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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 4,
TO 2011 SENATE BILL 461
March 15, 2012 - Offered by Representatives Pope-Roberts, Sinicki, Clark and
Hintz.
SB461-AA4,1,11 At the locations indicated, amend the engrossed bill as follows:
SB461-AA4,1,3 21. Page 2, line 1: after "effectiveness," insert "a school and school district
3accountability system,".
SB461-AA4,1,4 42. Page 8, line 25: after that line insert:
SB461-AA4,1,5 5" Section 18c. 115.38 (title) of the statutes is amended to read:
SB461-AA4,1,7 6115.38 (title) School accountability system; performance report;
7educational program review.
SB461-AA4, s. 18g 8Section 18g. 115.38 (1) of the statutes is renumbered 115.38 (1m), and 115.38
9(1m) (intro.), (c) and (e), as renumbered, are amended to read:
SB461-AA4,1,1310 115.38 (1m) (intro.) The Annually, the state superintendent shall develop
11prepare a school and school district performance report for use by school districts
12under sub. (2)
. The report shall include all of the following by school and by school
13district:
SB461-AA4,2,4
1(c) Staffing and financial data information, as determined by the state
2superintendent, not to exceed 10 items. The state superintendent may not request
3a school or school board to provide information solely for the purpose of including the
4information in the report under this paragraph.
SB461-AA4,2,65 (e) The method of reading instruction used in the school or school district and
6the textbook series used to teach reading in the school or school district.
SB461-AA4, s. 18n 7Section 18n. 115.38 (1e) to (1k) of the statutes are created to read:
SB461-AA4,2,108 115.38 (1e) In this section, "school" means a public school, including a charter
9school, and a private school participating in a parental choice program under s.
10118.60 or 119.23.
SB461-AA4,2,13 11(1g) The department shall establish a comprehensive school and school district
12accountability system beginning in the 2012-13 school year that includes all of the
13following components:
SB461-AA4,2,1514 (a) Multiple measures to determine a school's performance or a school district's
15improvement status under s. 118.42, including all of the following:
SB461-AA4,2,1616 1. Pupil achievement and growth in reading and mathematics.
SB461-AA4,2,1817 2. Measures of college and career readiness for high school pupils and measures
18indicative of being on track for college and career readiness in the elementary grades.
SB461-AA4,2,2019 3. Gaps in pupil achievement and rates of graduation, categorized by race,
20English language proficiency, disability, and income level.
SB461-AA4,3,721 (b) An index system to identify a school's level of performance and annually
22place each school into one of 6 performance categories based on data derived from
23multiple school years. The department shall collect and disseminate the best
24practices from the schools placed in the highest performance category. For schools
25placed in the lowest performance category, the department shall identify

1opportunities to provide support and shall intervene as provided in pars. (d) to (f).
2As part of that intervention, the department shall establish performance
3improvement benchmarks, which shall reflect the annual improvement necessary to
4remove the school from the lowest performance category within 3 years.
5Performance improvement benchmarks shall be as uniform as reasonably possible
6for all schools other than those serving predominantly children at risk, as defined in
7s. 118.153 (1) (a).
SB461-AA4,3,128 (c) The production of annual school and school district reports that are timely,
9useful, and understandable. Each school and school district shall display
10prominently on the school's and school district's Internet sites the reports produced
11by the department under this section and make copies available upon request in the
12school's office.
SB461-AA4,3,1513 (d) If the department determines that a public school other than a charter
14school is in the lowest performance category, the department shall do all of the
15following:
SB461-AA4,3,1716 1. Direct a department-approved, on-site, diagnostic review of the school to
17determine the cause of the school's poor performance.
SB461-AA4,3,1918 2. Direct the school board to implement department-approved improvement
19activities, based on the diagnostic review, within 3 school years or close the school.
SB461-AA4,3,2320 3. If the school board chooses to implement department-approved
21improvement activities under subd. 2. but after 3 school years remains in the lowest
22performance category, direct the activities of the school in a manner consistent with
23s. 118.42.
SB461-AA4,3,2524 4. If the diagnostic review under subd. 1. reveals that the school district has
25been in need of improvement for 3 consecutive school years, s. 118.42 applies.
SB461-AA4,4,2
1(e) If the department determines that a charter school is in the lowest
2performance category, the charter school shall do one of the following:
SB461-AA4,4,63 1. After participating in a department-approved, on-site, diagnostic review,
4implement department-approved improvement activities. After 3 years, if the
5charter school remains in the lowest performance category, the department shall
6revoke the school's charter.
SB461-AA4,4,107 2. Enter into a performance agreement with the department in which the
8charter school agrees to meet annual, department-approved, performance
9benchmarks. If a benchmark is not met in any year, the department shall revoke the
10school's charter.
SB461-AA4,4,1311 (f) If the department determines that a private school participating in a
12program under s. 118.60 or 119.23 is in the lowest performance category, the private
13school shall do one of the following:
SB461-AA4,4,1814 1. After participating in a department-approved, on-site, diagnostic review
15paid for by the private school, pay for and implement department-approved
16improvement activities. After 3 years, if the private school remains in the lowest
17performance category, the department shall bar the school from participating in the
18program under s. 118.60 or 119.23.
SB461-AA4,4,2219 2. Enter into a performance agreement with the department in which the
20private school agrees to meet annual, department-approved, performance
21benchmarks. If a benchmark is not met in any year, the department shall bar the
22school from participating in the program under s. 118.60 or 119.23.
SB461-AA4,4,24 23(1i) In establishing the accountability system under sub. (1g), the department
24shall consult with all of the following:
SB461-AA4,4,2525 (a) The governor.
SB461-AA4,5,2
1(b) The chairpersons of the committees in the assembly and the senate whose
2subject matter is elementary and secondary education.
SB461-AA4,5,33 (c) The ranking minority members of each of the committees under par. (b).
SB461-AA4,5,54 (d) Members of education groups representing school boards, school
5administrators, and teachers.
SB461-AA4,5,66 (e) Members of organizations representing pupils and parents.
SB461-AA4,5,9 7(1k) (a) The department shall annually report to the appropriate standing
8committees of the legislature under s. 13.172 (3) the performance category to which
9each school has been assigned.
SB461-AA4,5,1410 (b) Each school board, the governing body of each charter school under s. 118.40
11(2r), and the governing body of each private school participating in a program under
12s. 118.60 or 119.23 shall annually report to the parent of each pupil enrolled in the
13school or school district the performance category to which the school has been
14assigned.
SB461-AA4, s. 18r 15Section 18r. 115.38 (1s) of the statutes is created to read:
SB461-AA4,5,2216 115.38 (1s) The governing body of a private school participating in a parental
17choice program under s. 118.60 or 119.23 shall provide the state superintendent with
18any information he or she requests for the purpose of preparing the school
19performance report under sub. (1m). The state superintendent shall prepare the
20report for each private school participating in a parental choice program under s.
21118.60 or 119.23 using only information relating to the pupils who are attending the
22private school under s. 118.60 or 119.23.
SB461-AA4, s. 18w 23Section 18w. 115.38 (2) of the statutes is amended to read:
SB461-AA4,6,1124 115.38 (2) (a) Annually by January 1, each school board shall notify the parent
25or guardian of each pupil enrolled in the school district of the right to request a school

1and school district performance report under this subsection. Except as provided in
2par. (b), annually by May 1, each school board shall, upon request, distribute to the
3parent or guardian of each pupil enrolled in the school district, including pupils
4enrolled in charter schools located in the school district, or give to each pupil to bring
5home to his or her parent or guardian, a school and school district performance report
6that includes the information specified by the state superintendent under sub. (1)
7(1m). The report shall also include a comparison of the school district's performance
8under sub. (1) (1m) (a) and (b) with the performance of other school districts in the
9same athletic conference under sub. (1) (1m) (a) and (b). If the school district
10maintains an Internet site, the report shall be made available to the public at
11prominently displayed on that site.
SB461-AA4,6,1712 (b) If a school board enters into an agreement with a federally recognized
13American Indian tribe or band in this state to establish a charter school, that school
14board shall, upon request, distribute to the parent or guardian of each pupil enrolled
15in the charter school a school and school district performance report that includes the
16information specified by the state superintendent under sub. (1) (1m), regardless of
17the location of the charter school.".
SB461-AA4,6,18 183. Page 11, line 21: after that line insert:
SB461-AA4,6,19 19" Section 21b. 118.40 (3) (f) of the statutes is created to read:
SB461-AA4,6,2120 118.40 (3) (f) No charter school may be established by contract unless the
21contract authorizes the department to revoke the contract under sub. (5) (b).
SB461-AA4, s. 21e 22Section 21e. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).
SB461-AA4, s. 21f 23Section 21f. 118.40 (5) (b) of the statutes is created to read:
SB461-AA4,7,2
1118.40 (5) (b) A charter may be revoked by the department under s. 115.38 (1g)
2(e).
SB461-AA4, s. 21h 3Section 21h. 118.42 (1) (intro.) of the statutes is amended to read:
SB461-AA4,7,64 118.42 (1) (intro.) If the state superintendent determines that a school district
5has been in need of improvement for 4 3 consecutive school years, the school board
6shall do all of the following:
SB461-AA4, s. 21L 7Section 21L. 118.42 (2) (intro.) of the statutes is amended to read:
SB461-AA4,7,148 118.42 (2) (intro.) If the state superintendent determines that a public school
9was in the lowest performing 5 percent of all public schools in the state in the
10previous school year prior to the 2012-13 school year, or was in the lowest
11performance category under s. 115.38 (1g) (b) in the 2012-13 school year or any
12school year thereafter,
and is located in a school district that has been in need of
13improvement for 4 3 consecutive school years, the school board shall do all of the
14following in the school:
SB461-AA4, s. 21p 15Section 21p. 118.42 (3) (a) (intro.) of the statutes is amended to read:
SB461-AA4,7,2116 118.42 (3) (a) (intro.) If the state superintendent determines that a school
17district has been in need of improvement for 4 3 consecutive school years, the state
18superintendent may, after consulting with the school board, the school district
19superintendent, and representatives of each labor organization representing school
20district employees, direct the school board to do one or more of the following in the
21school district:
SB461-AA4, s. 21r 22Section 21r. 118.42 (3) (b) (intro.) of the statutes is amended to read:
SB461-AA4,8,1023 118.42 (3) (b) (intro.) If the state superintendent determines that a public
24school is located in a school district that has been in need of improvement for 4
25consecutive school years, prior to the 2012-13 school year or in a school district that

1has been in need of improvement for 3 consecutive school years beginning in the
22012-13 school year;
and that the school has been in need of improvement for 5
3consecutive school years prior to the 2012-13 school year or was among the lowest
4performing 5 percent of all public schools in the state in the previous school year,
5prior to the 2012-13 school year, or was in the lowest performance category under
6s. 115.38 (1g) (b) in the 2012-13 school year or any school year thereafter;
the state
7superintendent may, after consulting with the school board, the school district
8superintendent, and representatives of each labor organization representing school
9district employees, direct the school board to do one or more of the following in the
10school:
SB461-AA4, s. 21u 11Section 21u. 118.42 (3m) of the statutes is created to read:
SB461-AA4,8,1412 118.42 (3m) (a) The department shall report annually to the appropriate
13standing committees of the legislature under s. 13.172 (3) the improvement status
14of each school district under this section.
SB461-AA4,8,1615 (b) Each school board shall annually report to the parent of each pupil enrolled
16in the school district the improvement status of the school district under this section.
SB461-AA4, s. 21y 17Section 21y. 118.42 (4) of the statutes is amended to read:
SB461-AA4,8,2418 118.42 (4) The state superintendent shall promulgate rules establishing
19criteria and procedures for determining whether a school or school district is in need
20of improvement and whether a school is among the lowest performing 5 percent of
21all public schools in the state, prior to the 2012-13 school year for the purposes of this
22section. Beginning in the 2012-13 school year, the state superintendent shall
23promulgate rules establishing criteria and procedures for determining whether a
24school district is in need of improvement for purposes of this section.
".
SB461-AA4,9,1
14. Page 12, line 1: delete "115.38 (2)" and substitute "115.38 (2)".
SB461-AA4,9,2 25. Page 12, line 15: after that line insert:
SB461-AA4,9,3 3" Section 23m. 121.006 (2) (d) of the statutes is amended to read:
SB461-AA4,9,54 121.006 (2) (d) Comply with a directive issued by the state superintendent
5under s. 115.38 (1g) (d) or 118.42 (3) (a) or (b).".
SB461-AA4,9,6 66. Page 13, line 6: after that line insert:
SB461-AA4,9,12 7"(1m) Accountability system. Notwithstanding section 16.42 (1) (e) of the
8statutes, in submitting information under section 16.42 of the statutes for purposes
9of the 2013-15 biennial budget bill, the department of public instruction shall submit
10information concerning the cost of implementing the school and school district
11accountability system under section 115.38 (1g) to (1k) of the statutes, as created by
12this act.".
SB461-AA4,9,13 137. Page 13, line 20: after that line insert:
SB461-AA4,9,17 14"(1m) Charter school contracts. The treatment of sections 115.38 (1g) (e) and
15118.40 (3) (f) and (5) (b) of the statutes first applies to a contract for the establishment
16of a charter school that is entered into, modified, or renewed on the effective date of
17this subsection.
SB461-AA4, s. 28m 18Section 28m. Effective dates. This act takes effect on the day after
19publication, except as follows:
SB461-AA4,9,2120 (1) The treatment of sections 115.38 (1), (1e) to (1k), (1s) and (2) and 119.04 (1)
21of the statutes takes effect on September 1, 2012.".
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