AB748: Bill Text

Beginning in the 2012-13 school year, the bill also requires a school board and the operator of a charter school to report the scores from standardized examinations required to be administered to pupils at the same level of detail and, with some exceptions, in the same formats required of PCP schools. School boards are not required to provide copies of the scores in a binder at the front desk of the school.

Exclusion of private schools from a PCP for fraudulent representations

Under current law, DPI may bar a private school from participating in a PCP if DPI determines that the school has violated certain prohibitions. For example, a PCP school that fails to submit an independent financial audit of the school that has been conducted by a certified public accountant may be barred from participating in a PCP. Current law also prohibits a person, with the intent to sell a product or service to the public or induce the public to enter into a contract, from making any assertion or statement that is untrue, deceptive, or misleading in its advertising or other representations made to the public. The bill authorizes DPI to prohibit a private school from participating in a PCP in the following school year if the private school has violated this prohibition.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB748, s. 1 Section 1. 115.28 (7) (b) of the statutes is amended to read:

AB748,4,12 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools and tribal schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in public, private, or tribal schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school or tribal school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private Except as provided in ss. 118.60 (7) (b) 9. and 119.23 (7) (b) 9., private schools are not obligated to employ only licensed or certified teachers.

AB748, s. 2 Section 2. 115.28 (27) of the statutes is created to read:

AB748,5,5 115.28 (27) School assessment guide. Develop a guide for parents to use in assessing public and private schools, including charter schools. The guide shall include information on how to evaluate the academic performance of pupils enrolled in a school, a school's academic opportunities, a school's expenditures per enrolled pupil, the education and experience levels of teachers, and the opportunities for parental involvement in a school and classroom, and may include additional information. In developing the guide, the department shall consult with the Wisconsin Association of School Boards, the Wisconsin Association of School District Administrators, the Wisconsin Charter Schools Association, the Wisconsin Council of Religious and Independent Schools, the Wisconsin Education Association Council, and School Choice Wisconsin, Inc. The department shall post the guide on its Internet site and make copies of the guide available to schools upon request.

AB748, s. 3 Section 3. 118.19 (1) of the statutes is amended to read:

AB748,5,12 118.19 (1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach in a public school, including a charter school, or; in a school or institution operated by a county or the state; or, beginning in the 2012-13 school year and except as provided in ss. 118.60 (7) (b) 9. b. and 119.23 (7) (b) 9. b., in a private school participating in the program under s. 118.60 or 119.23 shall first procure a license or permit from the department.

AB748, s. 4 Section 4. 118.225 (intro.) of the statutes, as affected by 2011 Wisconsin Act 105, is amended to read:

AB748,5,19 118.225 Teacher and principal evaluations. (intro.) A school board may use value-added analyses of scores on pupil assessments and the examinations administered to pupils under s. 118.30 and 20 USC 6311 (b) (3) to evaluate teachers and principals if the school board has developed a teacher and principal evaluation plan that includes all of the following:

AB748, s. 5 Section 5. 118.225 (3) of the statutes is amended to read:

AB748,5,22 118.225 (3) The rationale for using examination results to evaluate teachers and principals.

AB748, s. 6 Section 6. 118.30 (1m) (c) of the statutes is created to read:

AB748,5,25 118.30 (1m) (c) To the extent permitted under 20 USC 1232g and 43 CFR part 99, beginning in the 2012-13 school year, do all of the following:

AB748,6,14 1. a. Except as provided in subd. 1. b., report the scores from any examinations required to be administered under this subsection or sub. (6) or (7) for the 5 preceding school years on the school district's Internet site as soon as the information becomes available and no later than 30 days after receiving scores from the testing company. Scores under this subdivision shall be reported by grade and class and shall include the total number of questions, the number and percentage of questions each pupil answered correctly, the number of questions each pupil answered incorrectly, the mean percentile for the class, the mean average percentile distributions, the mean average scores, and the mean percentage distributions for the examination as a whole and for each of the following topics and subtopics: reading, including determining meaning, understanding texts, analyzing texts, and evaluating and extending texts; mathematics, including processing number operations, geometry, measurement, statistics and probability, and algebraic relationships; science; social studies; and any other topic or subtopic included in the examination.

AB748,6,18 b. A school district is not required to report the information under subd. 1. a. if the number of pupils in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil.

AB748,6,20 2. Provide the department with an electronic copy of the information described in subd. 1.

AB748,6,24 3. Provide the parent or guardian of each pupil enrolled in the school district with a paper copy of the information described in subd. 1. The information shall be printed in at least 12-point type and provided as soon as it becomes available and no later than 30 days after receiving scores from the testing company.

AB748,7,7 4. In each school in the school district, prominently display the Measures of Academic Progress growth assessments and the growth assessments for any other nationally recognized assessments administered during the school year to pupils attending the school on the wall of the school within 30 days of receiving scores from the assessment company. The display under this subdivision shall provide mean average class growth for each grade and class in the school to which the assessments were administered in the school year in each of the following subjects:

AB748,7,8 a. Reading.

AB748,7,9 b. Language arts.

AB748,7,10 c. Math.

AB748,7,11 d. Science.

AB748,7,12 e. Social studies.

AB748, s. 7 Section 7. 118.30 (1r) (c) of the statutes is created to read:

AB748,7,15 118.30 (1r) (c) To the extent permitted under 20 USC 1232g and 43 CFR part 99, beginning in the 2012-13 school year, do all of the following:

AB748,8,4 1. a. Except as provided in subd. 1. b., report the scores from any examinations required to be administered under this subsection or sub. (6) for the 5 preceding school years on the school's Internet site as soon as the information becomes available and no later than 30 days after receiving scores from the testing company. Scores under this subdivision shall be reported by grade and class and shall include the total number of questions, the number and percentage of questions each pupil answered correctly, the number of questions each pupil answered incorrectly, the mean percentile for the class, the mean average percentile distributions, the mean average scores, and the mean percentage distributions for the examination as a whole and for each of the following topics and subtopics: reading, including determining meaning, understanding texts, analyzing texts, and evaluating and extending texts; mathematics, including processing number operations, geometry, measurement, statistics and probability, and algebraic relationships; science; social studies; and any other topic or subtopic included in the examination.

AB748,8,8 b. The operator of a charter school is not required to report the information under subd. 1. a. if the number of pupils in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil.

AB748,8,10 2. Provide the department with an electronic copy of the information described in subd. 1.

AB748,8,14 3. Provide the parent or guardian of each pupil enrolled in the charter school with a paper copy of the information described in subd. 1. The information shall be printed in at least 12-point type and provided as soon as it becomes available and no later than 30 days after receiving scores from the testing company.

AB748,8,21 4. Prominently display the Measures of Academic Progress growth assessments and the growth assessments for any other nationally recognized assessments administered during the school year to pupils attending the charter school on the wall of the school within 30 days of receiving scores from the assessment company. The display under this subdivision shall provide mean average class growth for each grade and class in the school to which the assessments were administered in the school year in each of the following subjects:

AB748,8,22 a. Reading.

AB748,8,23 b. Language arts.

AB748,8,24 c. Math.

AB748,8,25 d. Science.

AB748,9,1 e. Social studies.

AB748, s. 8 Section 8. 118.30 (4m) of the statutes is created to read:

AB748,9,4 118.30 (4m) The department shall report the information provided under sub. (1m) (c) 2. on the department's Internet site.

AB748, s. 9 Section 9. 118.60 (6m) (b) 5. of the statutes is created to read:

AB748,9,7 118.60 (6m) (b) 5. Electronic copies of the information described in par. (f) 1. within 2 weeks of receiving the scores.

AB748, s. 10 Section 10. 118.60 (6m) (e) and (f) of the statutes are created to read:

AB748,9,10 118.60 (6m) (e) Except as provided in sub. (6p), provide, annually to the department and upon request to any person, all of the following:

AB748,9,12 1. Rates of graduation, truancy, attendance, suspension, and expulsion in the previous school year, categorized as specified in par. (b) 3. d.

AB748,9,14 2. The private school's requirements for promotion from grade to grade and for graduation.

AB748,9,15 3. The private school's safety plan.

AB748,9,17 4. The number of pupils enrolled in the previous school year who were children with a disability, as defined s. 115.76 (5).

AB748,9,19 5. The services provided by the private school to pupils who are children with a disability, as defined in s. 115.76 (5).

AB748,9,22 6. The private school's attrition rate for teachers in the previous school year, as compared to the statewide attrition rate in the previous school year and the attrition rate of the eligible school district in the previous school year.

AB748,9,25 7. The private school's budget, specifying all existing indebtedness and all anticipated revenue from all sources during the ensuing fiscal year and all proposed expenditures during the ensuing fiscal year, and a 5-year budget plan.

AB748,10,6 (f) 1. To the extent permitted under 20 USC 1232g and 43 CFR part 99, and except as provided in sub. (6p), keep paper copies of all of the following, printed in at least 12-point type and updated with current information as soon as the information becomes available and, in the case of scores on standardized examinations, no later than 30 days after receiving scores from the testing company, in a binder at the school's front desk:

AB748,10,19 a. Beginning in the 2012-13 school year and in every school year thereafter, scores from any examinations administered as required under s. 118.30 (1t) in that school year. Scores under this subd. 1. a. shall be reported by grade and class and shall include the total number of questions, the number and percentage of questions each pupil answered correctly, the number of questions each pupil answered incorrectly; the mean percentile for the class, the mean average percentile distributions, the mean average scores, and the mean percentage distributions for the examination as a whole and for each of the following topics and subtopics: reading, including determining meaning, understanding texts, analyzing texts, and evaluating and extending texts; mathematics, including processing number operations, geometry, measurement, statistics and probability, and algebraic relationships; science; social studies; and any other topic or subtopic included in the examination.

AB748,10,25 b. In the 2012-13 school year, if the private school has administered the Iowa test in the 5 preceding school years, the scores reported by school, grade, class, and subject, including the mean average scores, for those 5 preceding school years, and if the private school administers the Iowa test in the 2013-14 school year and in any school year thereafter, the scores reported by school, grade, class, and subject, including the mean average scores, for that school year.

AB748,11,4 c. If the private school administers any other standardized examinations, beginning in the 2012-13 school year and in every school year thereafter, scores from those examinations reported in the same manner as scores are reported for the examinations described under subd. 1. b.

AB748,11,7 d. Beginning in the 2012-13 school year and in every school year thereafter, scores, including the mean average scores, from any ACT tests administered in that school year to pupils attending the private school, reported by grade and subject.

AB748,11,11 e. Beginning in the 2012-13 school year and in every school year thereafter, the number of pupils attending the private school who were in advanced placement classes in the 5 preceding school years, the subjects, the percentage of pupils in each such class who passed, and the percentage of pupils in each such class who failed.

AB748,11,17 2. To the extent permitted under 20 USC 1232g and 43 CFR part 99, and except as provided in sub. (6p), provide the parent of each pupil attending the school under this section with a paper copy of the information provided under subd. 1. as soon as the information becomes available and no later than 30 days after receiving scores from the testing company, except that scores under subd. 1. b. shall be reported 2 times during the school year.

AB748,11,22 3. Provide the parent or guardian of a pupil attending the private school with a paper reporting, anonymously, the average assessment growth on all examinations administered to the pupils when the examinations are administered in the same school year but on different occasions. Scores under this subdivision shall be reported by grade, class, and, when possible, subject.

AB748,12,2 4. To the extent permitted under 20 USC 1232g and 43 CFR part 99 and except as provided in sub. (6p), upon the request of any person, provide an electronic or paper copy of the scores, including the mean average scores, of standardized examinations administered to pupils attending the private school, categorized by classroom and by subject, within 10 working days of the request.

AB748,12,5 5. Provide the Internet address of the Wisconsin Information Network for Successful Schools and the scores reported as required under subd. 1. b. in the school newsletter at least twice during the school term.

AB748,12,7 6. Provide a list of the names of the members of the board of directors of the private school or of the entity that oversees the private school.

AB748,12,14 7. Prominently display the Measures of Academic Progress growth assessments and the growth assessments for any other nationally recognized assessments administered during the school year to pupils attending the private school on the wall of the private school within 30 days of receiving scores from the assessment company. The display under this subdivision shall provide mean average class growth for each grade and class in the school to which the assessments were administered in the school year in each of the following subjects:

AB748,12,15 a. Reading.

AB748,12,16 b. Language arts.

AB748,12,17 c. Math.

AB748,12,18 d. Science.

AB748,12,19 e. Social studies.

AB748, s. 11 Section 11. 118.60 (6p) of the statutes is created to read:

AB748,12,25 118.60 (6p) A private school participating in the program under this section is not required to categorize the information under sub. (6m) (e) 1., or disclose the information under sub. (6m) (e) and (f) 1., 2., and 4., if the number of pupils in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil.

AB748, s. 12 Section 12. 118.60 (7) (am) 1. of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

AB748,13,15 118.60 (7) (am) 1. An independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1. The audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m), except that the certified public accountant conducting the audit shall include a report on the private school's compliance with par. (b) 4. and 6. The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants.

AB748, s. 13 Section 13. 118.60 (7) (b) 8., 9., 10., 11. and 14. of the statutes are created to read:

AB748,13,19 118.60 (7) (b) 8. Post on the private school's Internet site the current report card prepared for the private school by the department as required under sub. (11) (d).

AB748,13,22 9. a. Except as provided in subd. 9. b., beginning in the 2012-13 school year, ensure that every teacher, supervisor, administrator, and professional staff member holds a license or permit to teach issued by the department.

AB748,14,2 b. For any teacher, supervisor, administrator, or professional staff member teaching in a participating private school on the effective date of this subd. 9. b. .... [LRB inserts date], ensure that the teacher, supervisor, administrator, and professional staff member holds a license or permit to teach issued by the department beginning in the 2017-18 school year.

AB748,14,10 10. Develop policies on truancy, excused and unexcused absences, bullying, pupil engagement in learning activities, promoting the emotional development of pupils, student differentiation, promoting practices designed to provide instruction to each pupil based on the pupil's abilities, and promoting parental involvement and volunteerism. The latter policy shall describe the circumstances under which a pupil's parent or guardian may volunteer, shadow the pupil in school, and observe the pupil in the pupil's classes. The department shall develop model policies on all of these subjects.

AB748,14,16 11. a. Except as provided in subd. 11. b., make available the scores and other information prepared and reported under sub. (6m) (f) 1. on the private school's Internet site as soon as the information becomes available and no later than 30 days after receiving scores from the testing company. The private school shall prominently display on the home page of the private school's Internet site a link to the scores reported as required under this subd. 11. a.

AB748,14,19 b. If a private school does not have an Internet site, the information required to be made available under subd. 11. a. shall be made available on the Internet site of the religious entity that operates or oversees the private school.

AB748,14,24 14. Annually evaluate the effectiveness of each teacher employed by the private school on the basis of pupil scores on the examinations administered under sub. (7) (e); the Measures of Academic Progress, developed by the Northwest Evaluation Association; ACT tests; and the Scholastic Math Inventory and Scholastic Reading Inventory assessment, developed by Scholastic, Inc.

AB748, s. 14 Section 14. 118.60 (7) (e) of the statutes, as created by 2011 Wisconsin Act 32, is renumbered 118.60 (7) (e) 1. (intro.) and amended to read:

AB748,15,15 118.60 (7) (e) 1. (intro.) Each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1t) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils. If the private school administers the Iowa test to pupils, the private school shall determine the average scores and the mean percentage or mean percentile for each class and the percentile distribution of the scores of the pupils to whom the Iowa test was administered in each of the following categories and shall post the results of the determination under this subdivision on the Internet site of the private school, or, if the private school does not maintain an Internet site, on the Internet site of the religious entity that operates or oversees the private school, and shall provide a written copy of the results of this determination, reported by class and grade when possible, to the department and to the parent or guardian of each such pupil:

AB748, s. 15 Section 15. 118.60 (7) (e) 1. a. to f. of the statutes are created to read:

AB748,15,17 118.60 (7) (e) 1. a. Reading, including vocabulary and reading comprehension.

AB748,15,19 b. Language, including spelling, capitalization, punctuation, usage, and expression.

AB748,15,21 c. Math, including concepts, estimations, problem solving, data interpretation, and computation.

AB748,15,22 d. Social studies.