AB126-ASA2,14,1815 b. If one or more school boards enter into an agreement with the board of control
16of a cooperative educational service agency to establish a charter school or magnet
17school
, the charter school shall be located within the boundaries of the cooperative
18educational service agency.
AB126-ASA2,14,2219 c. If a school board enters into an agreement with a federally recognized
20American Indian tribe or band in this state to establish a charter school or magnet
21school
, the charter school shall be located within the school district or within the
22boundaries of the tribe's or band's reservation.
AB126-ASA2,47 23Section 47. 118.40 (3) (c) 2. of the statutes is amended to read:
AB126-ASA2,14,2524 118.40 (3) (c) 2. A school board may not enter into a contract that would result
25in the conversion of a private, sectarian school to a charter school or a magnet school.
AB126-ASA2,48
1Section 48. 118.40 (3) (e) of the statutes is amended to read:
AB126-ASA2,15,52 118.40 (3) (e) When establishing or contracting for the establishment of a
3charter school under this section, a school board or entity specified under sub. (2r)
4(b) shall consider the principles and standards for quality charter schools established
5by the National Association of Charter School Authorizers.
AB126-ASA2,49 6Section 49. 118.40 (3) (f) of the statutes is created to read:
AB126-ASA2,15,147 118.40 (3) (f) 1. In this paragraph, a person has a proven track record of success
8if, during the 2 immediately preceding school years, a person operated a charter
9school in which the percentage of pupils attending the charter school who received
10a score of advanced or proficient on the state assessments for math and reading
11under ss. 118.30 and 121.02 (1) (r) in all tested grades is at least 10 percentage points
12greater than the percentage of pupils attending public schools in the school district
13where the charter school is located who received the same scores on the same
14assessments in the same grades.
AB126-ASA2,15,2015 2. Subject to subds. 4. and 5., a school board or entity under sub. (2r) (b) that
16has contracted with a person to operate a charter school shall, upon receiving a letter
17of intent under subd. 3. from the person, amend the existing contract or enter into
18a new contract with the person to authorize the person to operate one or more
19additional charter schools if the person has a proven track record of success operating
20a charter school under a contract with the school board or entity.
AB126-ASA2,15,2321 3. To operate an additional charter school under subd. 2., a person must submit
22to a school board or entity under sub. (2r) (b) a letter of intent that includes all of the
23following:
AB126-ASA2,15,2424 a. The date on which instruction will begin at each additional charter school.
AB126-ASA2,15,2525 b. The general location of each additional charter school.
AB126-ASA2,16,3
1c. A description of any potential facility that may be used by each additional
2charter school, including the approximate number of pupils that each facility may
3safely accommodate.
AB126-ASA2,16,44 d. Evidence demonstrating that the person has a proven track record of success.
AB126-ASA2,16,75 4. A school board or entity under sub. (2r) (b) shall authorize a person to operate
6no more than 2 additional charter schools per school year under this paragraph,
7unless the parties agree to more than 2.
AB126-ASA2,16,148 5. A school board of a school district containing at least 80 percent of the public
9schools in the state that received the highest level of performance on the most recent
10school accountability report under s. 115.385 may refuse to amend an existing
11contract or enter into a new contract to authorize one or more additional charter
12schools under this paragraph if the school board notifies the person who submitted
13the letter of intent under subd. 3. of the refusal no later than 30 days after the letter
14of intent is submitted to the school board.
AB126-ASA2,16,1815 6. An additional charter school authorized under this paragraph is not a
16satellite or subsidiary campus of the charter school for which the operator
17demonstrated a proven track record of success under subd. 2. and is considered an
18individual school for funding purposes.
AB126-ASA2,50 19Section 50. 118.40 (4) (title) of the statutes is amended to read:
AB126-ASA2,16,2120 118.40 (4) (title) Charter school governing board; duties, powers, and
21restrictions.
AB126-ASA2,51 22Section 51. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and
23118.40 (4) (ar) (intro.), as renumbered, is amended to read:
AB126-ASA2,16,2524 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of
25the following:
AB126-ASA2,52
1Section 52. 118.40 (4) (ag) of the statutes is created to read:
AB126-ASA2,17,32 118.40 (4) (ag) Governing board. Each charter school shall be governed by a
3governing board that is a party to the contract with the authorizing entity.
AB126-ASA2,53 4Section 53. 118.40 (4) (b) (intro.) of the statutes is amended to read:
AB126-ASA2,17,65 118.40 (4) (b) Restrictions. (intro.) A charter school governing board may not
6do any of the following:
AB126-ASA2,54 7Section 54. 118.40 (4) (c) of the statutes is amended to read:
AB126-ASA2,17,138 118.40 (4) (c) Single-sex schools and courses. A school board may enter into a
9contract for, and an entity under sub. (2r) may establish or enter into a contract for,
10the establishment of a charter school that enrolls only one sex or that provides one
11or more courses that enroll only one sex if the school board or entity under sub. (2r)
12makes available to the opposite sex, under the same policies and criteria of
13admission, schools or courses that are comparable to each such school or course.
AB126-ASA2,55 14Section 55. 118.40 (4) (d) of the statutes is created to read:
AB126-ASA2,17,1715 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school
16governing board has all the powers necessary to carry out the terms of its contract,
17including the following:
AB126-ASA2,17,1818 1. To receive and disburse funds for school purposes.
AB126-ASA2,17,1919 2. To incur debt.
AB126-ASA2,17,2020 3. To enter into contracts and leases.
AB126-ASA2,17,2221 4. To pledge, assign, or encumber its assets to be used as collateral for loans or
22extensions of credit.
AB126-ASA2,17,2323 5. To acquire real property for its use.
AB126-ASA2,17,2424 6. To sue and be sued in its own name.
AB126-ASA2,56 25Section 56. 118.40 (6) of the statutes is amended to read:
AB126-ASA2,18,3
1118.40 (6) Program voluntary. No pupil may be required to attend a charter
2school or a magnet school without his or her approval, if the pupil is an adult, or the
3approval of his or her parents or legal guardian, if the pupil is a minor.
AB126-ASA2,57 4Section 57. 118.40 (7) (a) of the statutes is amended to read:
AB126-ASA2,18,125 118.40 (7) (a) Except as provided in par. (am), the school board of the school
6district in which a charter school is located shall determine whether or not the
A
7charter school established under sub. (2) or (2m) is not an instrumentality of the
8school district. If the school board determines that the charter school is an
9instrumentality of the school district, the school board shall employ all personnel for
10the charter school. If the school board determines that the charter school is not an
11instrumentality of the school district,
and the school board may not employ any
12personnel for the charter school.
AB126-ASA2,58 13Section 58. 118.40 (7) (am) 1., 3. and 4. of the statutes are repealed.
AB126-ASA2,59 14Section 59. 118.40 (7) (am) 2. of the statutes is renumbered 118.40 (7) (am) and
15amended to read:
AB126-ASA2,19,316 118.40 (7) (am) A charter school established under sub. (2r) or a private school
17located in the school district operating under ch. 119 that is converted to a charter
18school
is not an instrumentality of any school district and no school board may
19employ any personnel for the charter school. If the chancellor of the an institution
20or the dean of a college campus within the
University of Wisconsin-Parkside
21Wisconsin System contracts for the establishment of a charter school under sub. (2r),
22the board of regents of the University of Wisconsin System may employ instructional
23staff for the charter school. If a technical college district board contracts for the
24establishment of a charter school under sub. (2r), the technical college district board
25may employ instructional staff for the charter school. If the board of control of a

1cooperative educational service agency contracts for the establishment of a charter
2school under sub. (2r), the board of control may employ instructional staff for the
3charter school.
AB126-ASA2,60 4Section 60. 118.40 (7) (ar) of the statutes, as affected by 2013 Wisconsin Act
520
, is repealed.
AB126-ASA2,61 6Section 61. 118.40 (7) (c) of the statutes is created to read:
AB126-ASA2,19,87 118.40 (7) (c) Chapters 115 to 121, other than this section, do not apply to
8magnet schools unless one of the following applies:
AB126-ASA2,19,99 1. The provision explicitly applies to magnet schools.
AB126-ASA2,19,1110 2. The provision explicitly applies to charter schools unless the provision
11applies only to a charter school under sub. (2r).
AB126-ASA2,62 12Section 62. 118.40 (8) (a) (intro.) of the statutes is repealed.
AB126-ASA2,63 13Section 63. 118.40 (8) (a) 1. and 2. of the statutes are renumbered 118.51 (18)
14(a) and (b).
AB126-ASA2,64 15Section 64. 118.51 (18) of the statutes is renumbered 118.51 (18) (intro.) and
16amended to read:
AB126-ASA2,19,1917 118.51 (18) Location of virtual charter schools. (intro.) For purposes of this
18section, a virtual charter school is located in the following school district specified in
19s. 118.40 (8) (a).
:
AB126-ASA2,65 20Section 65. 119.60 (5) of the statutes is amended to read:
AB126-ASA2,20,321 119.60 (5) For any lease of city-owned property used for school purposes in
22effect on January 1, 2011, between the board and a charter school that is not an
23instrumentality of the school district under s. 118.40 (7), the common council shall
24be made party to the lease and may negotiate with the charter school to modify the
25terms of the lease when the lease is modified, extended, or renewed if the common

1council adopts a resolution to do so. If a lease is modified, extended, or renewed as
2provided in this subsection, the net proceeds of that lease shall be deposited in the
3school operations fund under s. 119.46.
AB126-ASA2,66 4Section 66. 121.02 (1) (a) 2. of the statutes, as affected by 2013 Wisconsin Act
520
, is amended to read:
AB126-ASA2,20,126 121.02 (1) (a) 2. Subject to s. 118.40 (8) (b) 2. and 3., ensure that all instructional
7staff of charter schools located in the school district hold a license or permit to teach
8issued by the department. For purposes of this subdivision, a virtual charter school
9is located in the school district specified in s. 118.40 (8) (a) 118.51 (18) and a charter
10school established under s. 118.40 (3) (c) 1. c. is located in the school district specified
11in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining
12"instructional staff" for purposes of this subdivision.
AB126-ASA2,67 13Section 67. 230.08 (2) (dm) of the statutes is amended to read:
AB126-ASA2,20,1614 230.08 (2) (dm) Instructional staff employed by the board of regents of the
15University of Wisconsin System who provide services for a charter school established
16by contract under s. 118.40 (2r) (cm), 2011 stats.
AB126-ASA2,68 17Section 68. 230.35 (1s) of the statutes is amended to read:
AB126-ASA2,20,2318 230.35 (1s) Annual leave of absence with pay for instructional staff employed
19by the board of regents of the University of Wisconsin System who provide services
20for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.,
21shall be determined by the governing board of the charter school established by
22contract under s. 118.40 (2r) (cm), 2011 stats., as approved by the chancellor of the
23University of Wisconsin-Parkside.
AB126-ASA2,69 24Section 69. 895.523 (1) (a) of the statutes is amended to read:
AB126-ASA2,21,3
1895.523 (1) (a) "Governing body of a charter school" means the person that
2operates a charter school established under s. 118.40 (1p), (2), or (2m), or the entity
3that operates a charter school established under s. 118.40 (2r).
AB126-ASA2,70 4Section 70. 895.525 (5) of the statutes is amended to read:
AB126-ASA2,21,85 895.525 (5) Effect on related provisions. Nothing in this section affects the
6limitation of property owners' liability under s. 895.52 or the limitation of school
7districts' liability, of school boards' liability, and of liability of governing bodies of
8charter schools or magnet schools under s. 895.523.
AB126-ASA2,71 9Section 71. Initial applicability.
AB126-ASA2,21,1410 (1) Charter school contracts. The treatment of sections 40.02 (55) (intro.)
11and (a), 115.001 (1), 118.40 (2m) (a), (3) (f), (4) (ag) and (d), and (7) (a), (am) 1., 2., 3.,
12and 4., and (ar) of the statutes first applies to a contract for the establishment of a
13charter school that is entered into, modified, or renewed on the effective date of this
14subsection.
AB126-ASA2,72 15Section 72. Effective dates. This act takes effect on the day after publication,
16except as follows:
AB126-ASA2,21,1817 (1) The repeal and recreation of sections 20.923 (6) (m) and 111.815 (1) of the
18statutes takes effect on July 1, 2015.
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