2011 - 2012 LEGISLATURE
May 13, 2011 - Introduced by Senators Olsen and
Darling, cosponsored by
Representatives Kestell, Strachota, Steineke, Farrow, Spanbauer,
Marklein, Brooks, Petrowski and Bernier. Referred to Committee on
1An Act to repeal
118.225 (1) to (4) and 119.18 (6) (a); to renumber
120.13 (1) 2
(f), 120.13 (1) (h) 1. a. and 121.58 (6); to renumber and amend
118.225 (intro.); 3to consolidate, renumber and amend
119.18 (6) (intro.) and (b); to amend
43.70 (3), 115.88 (1), 115.88 (1m) (a), 118.125 (5) (b), 118.30 (2) (c), 118.43 (3) 5
(intro.), 118.43 (6) (b) 10., 120.12 (3) (a), (b) and (c), 120.13 (1) (h) 4., 120.17 (8) 6
(a) and 121.58 (6) (title); and to create
118.33 (1) (e), 118.40 (2r) (b) 2m., 118.43 7
(3r), 120.13 (1) (f) 2. and 3., 120.13 (1) (h) 1. ag., 120.13 (1) (h) 1. c., 120.13 (1) 8
(h) 2m., 120.13 (1) (h) 3m., 120.13 (1) (h) 4m., 120.13 (1) (h) 5m., 120.13 (1) (h) 9
6m. and 121.58 (6) (b) of the statutes;
relating to: granting high school credit
10for extracurricular sports; services provided by a special education program;
11transportation aid paid to school districts; the use of moneys received by a
12school district from the common school fund; using the results of standardized
13examinations to evaluate, discharge, suspend, or discipline a teacher or for the
14nonrenewal of a teacher's contract; the number of teaching days scheduled in
1the Milwaukee Public Schools; permitting a school district to limit the grades
2in which to reduce class size under the Student Achievement Guarantee in
3Education Program; permitting a school board to deny enrollment to a pupil
4who has been expelled from an out-of-state school or from an independent
5charter school in this state and permitting an independent charter school to
6expel a pupil; use of law enforcement records to take disciplinary action against
7a pupil under a school district's athletic code; and changing the date by which
8a school district must certify the amount of its property tax levy.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes to the laws governing public education.
Under current law, a school board may expel a pupil only if the pupil engaged
in certain prohibited conduct while at school or while under the supervision of a
school authority. Generally, the prohibited conduct is conduct that endangers the
property, health, or safety of others or interferes with the ability of school authorities
to maintain order or an educational atmosphere at school. Prior to expelling a pupil,
the school board must follow certain procedures. These procedures include holding
an expulsion hearing and providing the pupil and, if the pupil is a minor, his or her
parent, with written and timely notice of the hearing.
Also under current law, a school board may refuse to enroll a pupil during the
term of the pupil's expulsion from another school district. In an opinion issued on
April 10, 2008, the Wisconsin attorney general determined that current law does not
permit a school district to refuse to enroll a pupil who is currently expelled from a
private school or an out-of-state school.
Current law permits the University of Wisconsin (UW)-Milwaukee,
UW-Parkside, the Milwaukee Area Technical College, and the city of Milwaukee to
operate charter schools (independent charter schools) directly or to contract for the
operation of charter schools. Generally, charter schools operate with fewer
constraints than traditional public schools. Current law does not explicitly authorize
an independent charter school to expel a pupil.
This bill permits an independent charter school to include in its charter or
contract grounds for expelling a pupil provided the grounds duplicate the grounds
provided under current law to school boards. If a charter or contract of an
independent charter school includes grounds for expelling a pupil, the charter or
contract must also include the same procedural requirements established for the
expulsion of a pupil by a school board under current law.
This bill authorizes a school board to refuse to enroll a pupil during the term
of the pupil's expulsion from a public school in another state if the grounds for the
pupil's expulsion would have been grounds for expulsion in this state. This bill also
permits a school board to refuse to enroll a pupil during the term of the pupil's
expulsion from an independent charter school if the charter or contract of the
independent charter school contains the grounds for expulsion and procedural
requirements identified above.
Under current law, a school board may include early reinstatement conditions
in an expulsion order issued for a pupil. Current law defines "early reinstatement
condition" as a condition that a pupil must meet before he or she may be granted early
reinstatement or a condition that a pupil must meet after his or her early
reinstatement but before the expiration of the term of expulsion specified in the
pupil's expulsion order. Early reinstatement conditions must relate to the reasons
for the pupil's expulsion. If a school district administrator or designee determines
that the pupil has satisfied the early reinstatement conditions, the pupil may be
reinstated before the expiration of the term of the pupil's expulsion. If a pupil who
received early reinstatement subsequently violates an early reinstatement condition
before the expiration of the term of expulsion, the school board may revoke the pupil's
This bill permits a school board other than the school board that expelled a
pupil to establish enrollment conditions for the pupil. The bill defines "enrollment
condition" as a condition that a pupil is required to meet before he or she may be
granted conditional enrollment or a condition that a pupil is required to meet after
his or her conditional enrollment but before the expiration of the term of expulsion
specified in the pupil's expulsion order. The enrollment conditions must relate to the
reasons for the pupil's expulsion from the expelling school district. The school
district administrator or designee of the nonexpelling school district may permit the
pupil to conditionally enroll in a school located in that school district if the pupil
satisfies the enrollment conditions, and may revoke conditional enrollment if the
pupil subsequently violates the enrollment conditions.
Current law allows a school board to use the results of state-required
standardized examinations and the standardized examinations required under the
federal No Child Left Behind Act to evaluate teachers if certain conditions are met.
The school board must develop a teacher evaluation plan that includes a description
of the evaluation process, multiple criteria in addition to examination results, the
rationale for using examination results for evaluating teachers, and an explanation
of how the school board intends to use the evaluations to improve pupil academic
This bill allows a school board to use the results of standardized examinations
to evaluate teachers without the presence of the conditions described above.
Under current law, the results of standardized examinations may not be used
to discharge, suspend, or formally discipline a teacher or as the reason for the
nonrenewal of a teacher's contract.
This bill provides that the results of standardized examinations may not be
used as the sole reason to discharge, suspend, or formally discipline a teacher or as
the sole reason for the nonrenewal of a teacher's contract.
Current law generally allows an eligible school board that enters into a
five-year renewable student achievement guarantee (SAGE) contract with the
Department of Public Instruction (DPI) to receive $2,250 for each low-income pupil
enrolled in grades kindergarten to three in a school with specified low-income
enrollment if the school board reduces the class size of the classes in which the
low-income pupils are enrolled. Current law requires a school board to phase in the
class size limitation over the five-year contract. In the first year of a SAGE contract,
the school board must reduce class size in grades kindergarten and one. By the
fourth year of the SAGE contract, the school board must have reduced the class size
in all of the grades kindergarten to three.
In general, for SAGE contracts entered into prior to the 2010-11 school year,
a participating school board could only satisfy the class size limitation requirement
by reducing class size to 15 pupils. For SAGE contracts entered into in the 2010-11
school year, current law permits a school board to satisfy the class size limitation
requirement by either reducing class size to 18 pupils or by combining two classes
with two classroom teachers to achieve a total class size of 30 pupils. Current law
permits a school board to renew and receive payments under a renewed SAGE
contract if the school board either maintains the reduced class size achieved during
the last school year of the original SAGE contract for the grades specified for the last
school year of the contract, reduces class size to no more than 18 pupils, or combines
two classes with two classroom teachers to achieve a total class size of 30 pupils.
This bill permits a school board that has entered into or renewed a SAGE
contract to choose not to comply with the class size limitation requirements in one
or more grades covered by the contract in one or more schools in the school district
and in one or more years of the contract term.
Special education services
Under current law, a school district receives state special education aid for the
costs of contracting with a public or private agency for physical or occupational
therapy services. This bill explicitly authorizes a school district to contract for a
variety of services, including orientation and mobility training, educational
interpreters, audiologists, speech therapists, pupil transition services, and any
services approved by the state superintendent of public instruction; and makes the
costs of such a contract eligible for special education aid.
Pupil transportation costs
Under current law, DPI must prorate state aid payments to school districts for
transportation costs if the amount appropriated does not cover all eligible costs.
Under this bill, if funds remain after DPI pays all approved claims, DPI must
distribute the balance to school districts on a prorated basis.
Current law allows a school district to use up to 25 percent of the moneys it
receives from the common school fund in a fiscal year to purchase school library
computers and related software. This bill eliminates the 25 percent limit.
MPS teaching days
Under current law, the board of Milwaukee Public Schools determines the
school calendar and vacation periods for the regular day and summer schools each
school year, but the board may not schedule more than 200 teaching days in the
regular day school period in any school year. This bill eliminates the requirement
that no more than 200 teaching days be scheduled in the regular day school period.
Law enforcement records
Under current law, law enforcement records obtained by and relating to the
conduct of a pupil of a school district may not be used as the sole basis for expelling
or suspending the pupil or as the sole basis for taking any other disciplinary action
against the pupil, including action under the school district's athletic code. This bill
permits a school district to use such law enforcement records as the sole basis for
taking action against a pupil under the district's athletic code.
Credits for sports
Current law requires a high school pupil to earn 1.5 credits in physical
education in order to be eligible for a high school diploma. This bill authorizes a
school board to adopt a policy granting a pupil credit in physical education for
completing a season in an extracurricular sport if the sport is sanctioned by the
Wisconsin Interscholastic Athletic Association.
Under current law, each school board must annually determine the amount
necessary to be raised to operate and maintain the schools of the school district and
must, on or before November 6, certify that amount to the municipal clerk to assess
and enter onto the tax rolls. This bill provides that, in years in which a November
general election is held, the school board must certify the amount to be assessed on
or before November 10.
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:
SB95, s. 1
43.70 (3) of the statutes is amended to read:
Immediately upon making such apportionment, the state 3
superintendent shall certify to the department of administration the estimated 4
amount that each school district is entitled to receive under this section and shall
notify each school district administrator of the estimated amount so certified for his 2
or her school district. The department of administration shall distribute each school 3
district's aid entitlement in one payment on or before May 1. The amount paid to each 4
school district shall be based upon the amount in the appropriation account under 5
s. 20.255 (2) (s) on April 15. Moneys distributed under this section may be expended 6
only for the purchase of instructional materials from the state historical society for 7
use in teaching Wisconsin history and for the purchase of library books and other 8
instructional materials for school libraries, but not for public library facilities 9
operated by school districts under s. 43.52, in accordance with rules promulgated by 10
the state superintendent. In addition, a school district may use
up to 25 percent of 11
the moneys received in a fiscal year
under this section to purchase school library 12
computers and related software if the school board consults with the person who 13
supervises the school district's libraries and the computers and software are housed 14
in the school library. Appropriate records of all purchases under this section shall 15
be kept and necessary reports thereon shall be made to the state superintendent.
SB95, s. 2
115.88 (1) of the statutes is amended to read:
115.88 (1) Personnel.
A school board, board of control of a cooperative 18
educational service agency or, upon authorization of the county board, a county 19
children with disabilities education board may employ, for a special education 20
program, either full- full-time
or part-time licensed teachers, licensed coordinators 21
of special education, school nurses, licensed school social workers, licensed school 22
psychologists, licensed school counselors, paraprofessionals, licensed consulting 23
teachers to work with any teacher of regular education programs who has a child 24
with a disability in a class and any other personnel approved by the department. The 25
board may contract with private or public agencies for physical or occupational
therapy services, orientation and mobility training services, educational interpreter
2services, educational audiology, speech therapy, pupil transition services, or any
3service approved by the state superintendent,
on the basis of demonstrated need. A 4
school board may contract with a charter school to provide special education services 5
to pupils attending the charter school if the charter school is under contract with the 6
school board under s. 118.40 (2m) and the charter school is not an instrumentality 7
of the school district.
SB95, s. 3
115.88 (1m) (a) of the statutes is amended to read:
(a) Subject to par. (b), upon receipt of the plan under s. 115.77 (4), 10
if the state superintendent is satisfied that the special education program has been 11
maintained during the preceding school year in accordance with law, the state 12
superintendent shall certify to the department of administration in favor of each 13
county, cooperative educational service agency, and school district maintaining such 14
special education program a sum equal to the amount expended by the county, 15
agency, and school district during the preceding year for salaries of personnel 16
enumerated in sub. (1),;
the salary portion of any authorized contract for physical or
services under sub. (1)
; the salary portion of any contract to 18
provide special education services to pupils attending a charter school, as authorized 19
under sub. (1); and other expenses approved by the state superintendent, as costs 20
eligible for reimbursement from the appropriation under s. 20.255 (2) (b).
SB95, s. 4
118.125 (5) (b) of the statutes is amended to read:
(b) Law enforcement officers' records obtained under s. 48.396 (1) 23
or 938.396 (1) (b) 2. or (c) 3. and records of the court assigned to exercise jurisdiction 24
under chs. 48 and 938 or of a municipal court obtained under s. 938.396 (2g) (m) may 25
not be used by a school district as the sole basis for expelling or suspending a pupil
or as the sole basis for taking any other disciplinary action
, including against a pupil,
2but may be used as the sole basis for taking
action against a pupil
under the school 3
district's athletic code, against a pupil
SB95, s. 5
118.225 (intro.) of the statutes is renumbered 118.225 and amended 5
6118.225 Teacher evaluations.
A school board may use the results of 7
examinations administered to pupils under s. 118.30 and 20 USC 6311
(b) (3) to 8
evaluate teachers if the school board has developed a teacher evaluation plan that
9includes all of the following:.
SB95, s. 6
118.225 (1) to (4) of the statutes are repealed.
SB95, s. 7
118.30 (2) (c) of the statutes is amended to read:
(c) The results of examinations administered under this section or 13
under 20 USC 6311
(b) (3) to pupils enrolled in public schools, including charter 14
schools, may not be used as the sole reason
to discharge, suspend,
or formally 15
discipline a teacher or as the sole
reason for the nonrenewal of a teacher's contract.
SB95, s. 8
118.33 (1) (e) of the statutes is created to read:
(e) A school board may adopt a policy granting a pupil credit in 18
physical education under par. (a) 1. for completing a season in an extracurricular 19
sport if the sport is sanctioned by the Wisconsin Interscholastic Athletic Association. 20
If a school board adopts a policy under this paragraph, it shall provide the 21
department with a copy.
SB95, s. 9
118.40 (2r) (b) 2m. of the statutes is created to read:
(b) 2m. a. A charter or contract may include grounds for expelling 24
a pupil from the charter school, but the charter or contract may not include as a
ground for expulsion any ground for expulsion other than the grounds for expulsion 2
under s. 120.13 (1) (c) 1., 2., or 2m.
b. If the charter or contract includes grounds for expelling a pupil from the 4
charter school as permitted under subd. 2m. a., the charter or contract shall include 5
the procedures to be followed by the charter school prior to expelling a pupil. The 6
procedures required under this subd. 2m. b. shall conform to the procedures specified 7
under s. 120.13 (1) (c) 3. and 4. or to the procedures specified under s. 120.13 (1) (e).
SB95, s. 10
118.43 (3) (intro.) of the statutes is amended to read:
118.43 (3) Contract requirements.
(intro.) Except as provided in pars. (am), 10
(ar), and (at) and sub. (3r)
, an achievement guarantee contract shall require the 11
school board to do all of the following in each participating school:
SB95, s. 11
118.43 (3r) of the statutes is created to read: