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SB461-ASA1, s. 22
1Section 22. 115.38 (1) of the statutes is renumbered 115.38 (1m), and 115.38
2(1m) (intro.), (c) and (e), as renumbered, are amended to read:
SB461-ASA1,9,63 115.38 (1m) (intro.) The Annually, the state superintendent shall develop
4prepare a school and school district performance report for use by school districts
5under sub. (2)
. The report shall include all of the following by school and by school
6district:
SB461-ASA1,9,107 (c) Staffing and financial data information, as determined by the state
8superintendent, not to exceed 10 items. The state superintendent may not request
9a school or school board to provide information solely for the purpose of including the
10information in the report under this paragraph.
SB461-ASA1,9,1211 (e) The method of reading instruction used in the school or school district and
12the textbook series used to teach reading in the school or school district.
SB461-ASA1, s. 23 13Section 23. 115.38 (1e) to (1k) of the statutes are created to read:
SB461-ASA1,9,1614 115.38 (1e) In this section, "school" means a public school, including a charter
15school, and a private school participating in a parental choice program under s.
16118.60 or 119.23.
SB461-ASA1,9,19 17(1g) The department shall establish a comprehensive school and school district
18accountability system beginning in the 2012-13 school year that includes all of the
19following components:
SB461-ASA1,9,2120 (a) Multiple measures to determine a school's performance or a school district's
21improvement status under s. 118.42, including all of the following:
SB461-ASA1,9,2222 1. Pupil achievement and growth in reading and mathematics.
SB461-ASA1,9,2423 2. Measures of college and career readiness for high school pupils and measures
24indicative of being on track for college and career readiness in the elementary grades.
SB461-ASA1,10,2
13. Gaps in pupil achievement and rates of graduation, categorized by race,
2English language proficiency, disability, and income level.
SB461-ASA1,10,143 (b) An index system to identify a school's level of performance and annually
4place each school into one of 6 performance categories based on data derived from
5multiple school years. The department shall collect and disseminate the best
6practices from the schools placed in the highest performance category. For schools
7placed in the lowest performance category, the department shall identify
8opportunities to provide support and shall intervene as provided in pars. (d) to (f).
9As part of that intervention, the department shall establish performance
10improvement benchmarks, which shall reflect the annual improvement necessary to
11remove the school from the lowest performance category within 3 years.
12Performance improvement benchmarks shall be as uniform as reasonably possible
13for all schools other than those serving predominantly children at risk, as defined in
14s. 118.153 (1) (a).
SB461-ASA1,10,1915 (c) The production of annual school and school district reports that are timely,
16useful, and understandable. Each school and school district shall display
17prominently on the school's and school district's Internet sites the reports produced
18by the department under this section and make copies available upon request in the
19school's office.
SB461-ASA1,10,2220 (d) If the department determines that a public school other than a charter
21school is in the lowest performance category, the department shall do all of the
22following:
SB461-ASA1,10,2423 1. Direct a department-approved, on-site, diagnostic review of the school to
24determine the cause of the school's poor performance.
SB461-ASA1,11,2
12. Direct the school board to implement department-approved improvement
2activities, based on the diagnostic review, within 3 school years or close the school.
SB461-ASA1,11,63 3. If the school board chooses to implement department-approved
4improvement activities under subd. 2. but after 3 school years remains in the lowest
5performance category, direct the activities of the school in a manner consistent with
6s. 118.42.
SB461-ASA1,11,87 4. If the diagnostic review under subd. 1. reveals that the school district has
8been in need of improvement for 3 consecutive school years, s. 118.42 applies.
SB461-ASA1,11,109 (e) If the department determines that a charter school is in the lowest
10performance category, the charter school shall do one of the following:
SB461-ASA1,11,1411 1. After participating in a department-approved, on-site, diagnostic review,
12implement department-approved improvement activities. After 3 years, if the
13charter school remains in the lowest performance category, the department shall
14revoke the school's charter.
SB461-ASA1,11,1815 2. Enter into a performance agreement with the department in which the
16charter school agrees to meet annual, department-approved, performance
17benchmarks. If a benchmark is not met in any year, the department shall revoke the
18school's charter.
SB461-ASA1,11,2119 (f) If the department determines that a private school participating in a
20program under s. 118.60 or 119.23 is in the lowest performance category, the private
21school shall do one of the following:
SB461-ASA1,12,222 1. After participating in a department-approved, on-site, diagnostic review
23paid for by the private school, pay for and implement department-approved
24improvement activities. After 3 years, if the private school remains in the lowest

1performance category, the department shall bar the school from participating in the
2program under s. 118.60 or 119.23.
SB461-ASA1,12,63 2. Enter into a performance agreement with the department in which the
4private school agrees to meet annual, department-approved, performance
5benchmarks. If a benchmark is not met in any year, the department shall bar the
6school from participating in the program under s. 118.60 or 119.23.
SB461-ASA1,12,8 7(1i) In establishing the accountability system under sub. (1g), the department
8shall consult with all of the following:
SB461-ASA1,12,99 (a) The governor.
SB461-ASA1,12,1110 (b) The chairpersons of the committees in the assembly and the senate whose
11subject matter is elementary and secondary education.
SB461-ASA1,12,1212 (c) The ranking minority members of each of the committees under par. (b).
SB461-ASA1,12,1413 (d) Members of education groups representing school boards, school
14administrators, and teachers.
SB461-ASA1,12,1515 (e) Members of organizations representing pupils and parents.
SB461-ASA1,12,18 16(1k) (a) The department shall annually report to the appropriate standing
17committees of the legislature under s. 13.172 (3) the performance category to which
18each school has been assigned.
SB461-ASA1,12,2319 (b) Each school board, the governing body of each charter school under s. 118.40
20(2r), and the governing body of each private school participating in a program under
21s. 118.60 or 119.23 shall annually report to the parent of each pupil enrolled in the
22school or school district the performance category to which the school has been
23assigned.
SB461-ASA1, s. 24 24Section 24. 115.38 (1s) of the statutes is created to read:
SB461-ASA1,13,7
1115.38 (1s) The governing body of a private school participating in a parental
2choice program under s. 118.60 or 119.23 shall provide the state superintendent with
3any information he or she requests for the purpose of preparing the school
4performance report under sub. (1m). The state superintendent shall prepare the
5report for each private school participating in a parental choice program under s.
6118.60 or 119.23 using only information relating to the pupils who are attending the
7private school under s. 118.60 or 119.23.
SB461-ASA1, s. 25 8Section 25. 115.38 (2) of the statutes is amended to read:
SB461-ASA1,13,219 115.38 (2) (a) Annually by January 1, each school board shall notify the parent
10or guardian of each pupil enrolled in the school district of the right to request a school
11and school district performance report under this subsection. Except as provided in
12par. (b), annually by May 1, each school board shall, upon request, distribute to the
13parent or guardian of each pupil enrolled in the school district, including pupils
14enrolled in charter schools located in the school district, or give to each pupil to bring
15home to his or her parent or guardian, a school and school district performance report
16that includes the information specified by the state superintendent under sub. (1)
17(1m). The report shall also include a comparison of the school district's performance
18under sub. (1) (1m) (a) and (b) with the performance of other school districts in the
19same athletic conference under sub. (1) (1m) (a) and (b). If the school district
20maintains an Internet site, the report shall be made available to the public at
21prominently displayed on that site.
SB461-ASA1,14,222 (b) If a school board enters into an agreement with a federally recognized
23American Indian tribe or band in this state to establish a charter school, that school
24board shall, upon request, distribute to the parent or guardian of each pupil enrolled
25in the charter school a school and school district performance report that includes the

1information specified by the state superintendent under sub. (1) (1m), regardless of
2the location of the charter school.
SB461-ASA1, s. 26 3Section 26. 115.415 of the statutes is created to read:
SB461-ASA1,14,11 4115.415 Educator effectiveness. (1) The department shall develop an
5educator effectiveness evaluation system and an equivalency process aligned with
6the department's evaluation system for the evaluation of teachers and principals of
7public schools, including teachers and principals of a charter school established
8under s. 118.40 (2r), as provided in this section. Each school board and the governing
9body of each charter school established under s. 118.40 (2r) shall evaluate teachers
10and principals in the school district or charter school beginning in the 2014-15 school
11year.
SB461-ASA1,14,13 12(2) The department shall develop an educator effectiveness evaluation system
13according to the following framework:
SB461-ASA1,14,1814 (a) Fifty percent of the total evaluation score assigned to a teacher or principal
15shall be based upon measures of student performance, including performance on
16state assessments, district-wide assessments, student learning objectives,
17school-wide reading at the elementary and middle-school levels, and graduation
18rates at the high school level.
SB461-ASA1,14,2019 (b) Fifty percent of the total evaluation score assigned to a teacher or principal
20shall be based upon one of the following:
SB461-ASA1,14,2321 1. For a teacher, the extent to which the teacher's practice meets the core
22teaching standards adopted by the 2011 Interstate Teacher Assessment and Support
23Consortium.
SB461-ASA1,15,3
12. For a principal, the extent to which the principal's practice meets the 2008
2Interstate School Leaders Licensure Consortium Educational Leadership Policy
3Standards.
SB461-ASA1,15,54 (c) A teacher or principal evaluated under this subsection shall be placed in one
5of multiple performance categories.
SB461-ASA1,15,14 6(3) (a) The department shall promulgate by rule an equivalency process
7aligned with the evaluation system established under sub. (2) for a school district or
8a charter school established under s. 118.40 (2r) seeking to utilize an alternative
9process for the evaluation of teacher and principal practice. The process under this
10subsection shall be based on the criteria established in the 2011 Interstate Teacher
11Assessment and Support Consortium and the 2008 Interstate School Leaders
12Licensure Consortium Educational Leadership Policy Standards, and a school
13district or charter school established under s. 118.40 (2r) that uses the process under
14this subsection shall evaluate the performance of teachers in the following domains:
SB461-ASA1,15,1515 1. Planning and preparation.
SB461-ASA1,15,1616 2. The classroom environment.
SB461-ASA1,15,1717 3. Instruction.
SB461-ASA1,15,1818 4. Professional responsibilities and development.
SB461-ASA1,15,2019 (b) A teacher or principal evaluated under this subsection shall be placed in one
20of multiple performance categories.
SB461-ASA1, s. 27 21Section 27. 118.016 of the statutes is created to read:
SB461-ASA1,16,3 22118.016 Assessments of reading readiness. (1) Beginning in the 2012-13
23school year, each school board and the governing body of each charter school
24established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable
25assessment of literacy fundamentals selected by the department, annually assess

1each pupil enrolled in kindergarten in the school district or in the charter school for
2reading readiness. The department shall ensure that the assessment evaluates
3whether a pupil possesses phonemic awareness and letter sound knowledge.
SB461-ASA1,16,6 4(1g) If a pupil is enrolled in a special education program under subch. V of ch.
5115, the school board or operator of the charter school under s. 118.40 (2r) shall
6comply with s. 115.77 (1m) (bg).
SB461-ASA1,16,8 7(1r) The school board or governing body of the charter school shall report the
8results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.
SB461-ASA1,16,12 9(2) The school board of the school district or governing body of the charter
10school in which the pupil is enrolled shall provide a pupil whose assessment under
11sub. (1) indicates that he or she is at risk of reading difficulty with interventions or
12remedial reading services, as described under s. 121.02 (1) (c).
SB461-ASA1, s. 28 13Section 28. 118.19 (14) of the statutes is created to read:
SB461-ASA1,16,2114 118.19 (14) (a) The department may not issue an initial teaching license that
15authorizes the holder to teach in grades kindergarten to 5 or in special education, an
16initial license as a reading teacher, or an initial license as a reading specialist, unless
17the applicant has passed an examination identical to the Foundations of Reading test
18administered in 2012 as part of the Massachusetts Tests for Educator Licensure. The
19department shall set the passing cut score on the examination at a level no lower
20than the level recommended by the developer of the test, based on this state's
21standards.
SB461-ASA1,16,2422 (c) Any teacher who passes the examination under par. (a) shall notify the
23department, which shall add a notation to the teacher's license indicating that he or
24she passed the examination.
SB461-ASA1, s. 29 25Section 29. 118.40 (3) (f) of the statutes is created to read:
SB461-ASA1,17,2
1118.40 (3) (f) No charter school may be established by contract unless the
2contract authorizes the department to revoke the contract under sub. (5) (b).
SB461-ASA1, s. 30 3Section 30. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).
SB461-ASA1, s. 31 4Section 31. 118.40 (5) (b) of the statutes is created to read:
SB461-ASA1,17,65 118.40 (5) (b) A charter may be revoked by the department under s. 115.38 (1g)
6(e).
SB461-ASA1, s. 32 7Section 32. 118.42 (1) (intro.) of the statutes is amended to read:
SB461-ASA1,17,108 118.42 (1) (intro.) If the state superintendent determines that a school district
9has been in need of improvement for 4 3 consecutive school years, the school board
10shall do all of the following:
SB461-ASA1, s. 33 11Section 33. 118.42 (2) (intro.) of the statutes is amended to read:
SB461-ASA1,17,1812 118.42 (2) (intro.) If the state superintendent determines that a public school
13was in the lowest performing 5 percent of all public schools in the state in the
14previous school year prior to the 2012-13 school year, or was in the lowest
15performance category under s. 115.38 (1g) (b) in the 2012-13 school year or any
16school year thereafter,
and is located in a school district that has been in need of
17improvement for 4 3 consecutive school years, the school board shall do all of the
18following in the school:
SB461-ASA1, s. 34 19Section 34. 118.42 (3) (a) (intro.) of the statutes is amended to read:
SB461-ASA1,17,2520 118.42 (3) (a) (intro.) If the state superintendent determines that a school
21district has been in need of improvement for 4 3 consecutive school years, the state
22superintendent may, after consulting with the school board, the school district
23superintendent, and representatives of each labor organization representing school
24district employees, direct the school board to do one or more of the following in the
25school district:
SB461-ASA1, s. 35
1Section 35. 118.42 (3) (b) (intro.) of the statutes is amended to read:
SB461-ASA1,18,142 118.42 (3) (b) (intro.) If the state superintendent determines that a public
3school is located in a school district that has been in need of improvement for 4
4consecutive school years, prior to the 2012-13 school year or in a school district that
5has been in need of improvement for 3 consecutive school years beginning in the
62012-13 school year;
and that the school has been in need of improvement for 5
7consecutive school years prior to the 2012-13 school year or was among the lowest
8performing 5 percent of all public schools in the state in the previous school year,
9prior to the 2012-13 school year, or was in the lowest performance category under
10s. 115.38 (1g) (b) in the 2012-13 school year or any school year thereafter;
the state
11superintendent may, after consulting with the school board, the school district
12superintendent, and representatives of each labor organization representing school
13district employees, direct the school board to do one or more of the following in the
14school:
SB461-ASA1, s. 36 15Section 36. 118.42 (3m) of the statutes is created to read:
SB461-ASA1,18,1816 118.42 (3m) (a) The department shall report annually to the appropriate
17standing committees of the legislature under s. 13.172 (3) the improvement status
18of each school district under this section.
SB461-ASA1,18,2019 (b) Each school board shall annually report to the parent of each pupil enrolled
20in the school district the improvement status of the school district under this section.
SB461-ASA1, s. 37 21Section 37. 118.42 (4) of the statutes is amended to read:
SB461-ASA1,19,322 118.42 (4) The state superintendent shall promulgate rules establishing
23criteria and procedures for determining whether a school or school district is in need
24of improvement and whether a school is among the lowest performing 5 percent of
25all public schools in the state, prior to the 2012-13 school year for the purposes of this

1section. Beginning in the 2012-13 school year, the state superintendent shall
2promulgate rules establishing criteria and procedures for determining whether a
3school district is in need of improvement for purposes of this section.
SB461-ASA1, s. 38 4Section 38. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Act 85,
5is amended to read:
SB461-ASA1,19,156 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
766.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
8115.345, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06,
9118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15,
10118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225,
11118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292,
12118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (2m), (4m), (5), and (15) to
13(27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m),
14and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district
15and board.
SB461-ASA1, s. 39 16Section 39. 120.12 (2m) of the statutes is created to read:
SB461-ASA1,19,2017 120.12 (2m) Educator effectiveness. (a) Beginning in the 2014-15 school
18year, evaluate the effectiveness of each teacher and principal employed by the school
19district using either the system established under s. 115.415 (2) or the equivalency
20process established by rule under s. 115.415 (3).
SB461-ASA1,19,2221 (b) Ensure that the results of evaluations conducted under this subsection are
22not subject to public inspection, copying, or disclosure under s. 19.35.
SB461-ASA1, s. 40 23Section 40. 121.006 (2) (d) of the statutes is amended to read:
SB461-ASA1,19,2524 121.006 (2) (d) Comply with a directive issued by the state superintendent
25under s. 115.38 (1g) (d) or 118.42 (3) (a) or (b).
SB461-ASA1, s. 41
1Section 41. 121.02 (1) (c) (intro.) of the statutes is amended to read:
SB461-ASA1,20,32 121.02 (1) (c) (intro.) Provide interventions or remedial reading services for a
3pupil in grades kindergarten to 4 if any of the following occurs:
SB461-ASA1, s. 42 4Section 42. 121.02 (1) (c) 3. of the statutes is created to read:
SB461-ASA1,20,95 121.02 (1) (c) 3. The pupil's reading assessment under s. 118.016 indicates that
6the pupil is at risk of reading difficulty. If this subdivision applies, the interventions
7or services provided the pupil shall be scientifically based and shall address all areas
8in which the pupil is deficient in a manner consistent with the state standards in
9reading and language arts.
SB461-ASA1, s. 43 10Section 43. Nonstatutory provisions.
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