Amendment ASA1-AB379

AB379-ASA1,16,20 (c) Whether a school board's request for a waiver under s. 118.425 (4) (b) 2. should be granted.

AB379-ASA1,17 Section 17. 115.775 (1) of the statutes is amended to read:

AB379-ASA1,16,24 115.775 (1) Except as provided in sub. (2), an the operator of a charter school under s. 118.40 (2r) or 118.425 (4) is a local educational agency, as defined in 20 USC 1401 (19), and shall comply with 20 USC 1400 to 1482.

AB379-ASA1,18 Section 18. 118.125 (1) (bc) of the statutes is created to read:

AB379-ASA1,17,1 118.125 (1) (bc) "Governing body" means the governing body of a school.

AB379-ASA1,19 Section 19. 118.125 (1) (bL) of the statutes is amended to read:

AB379-ASA1,17,5 118.125 (1) (bL) "Law enforcement unit" means any individual, office, department, division, or other component of a school district that is authorized or designated by the school board governing body to do any of the following:

AB379-ASA1,17,8 1. Enforce any law or ordinance, or refer to the appropriate authorities a matter for enforcement of any law or ordinance, against any person other than the school district governing body.

AB379-ASA1,17,9 2. Maintain the physical security and safety of a public school.

AB379-ASA1,20 Section 20. 118.125 (1) (f) of the statutes is created to read:

AB379-ASA1,17,12 118.125 (1) (f) "School" means a public school; a charter school; or a private school that is participating in a parental choice program under s. 118.60 or 119.23.

AB379-ASA1,21 Section 21. 118.125 (1m) of the statutes is created to read:

AB379-ASA1,17,17 118.125 (1m) Applicability. Subsections (2), (2m), (3), and (5) to (7) do not apply to a pupil who is attending a private school participating in a parental choice program under s. 118.60 or 119.23 but who is not attending the private school under s. 118.60 or 119.23.

AB379-ASA1,22 Section 22. 118.125 (2) (intro.), (c) 1., (cg), (ch), (ck), (cm), (d), (g), (i), (j) 2. and 3., (k), (L), (n) 1. and 2. and (p) and (3) to (5) and (7) of the statutes are amended to read:

AB379-ASA1,18,2 118.125 (2) Confidentiality and disclosure of pupil records. (intro.) All pupil records maintained by a public school shall be confidential, except as provided in pars. (a) to (p) and sub. (2m). The school board governing body shall adopt policies to maintain the confidentiality of such records and may adopt policies to promote the disclosure of pupil records and information permitted by law for purposes of school safety.

AB379-ASA1,18,6 (c) 1. The judge of any court of this state or of the United States shall, upon request, be provided by the school district governing body clerk, or his or her designee, with a copy of all progress records of a pupil who is the subject of any proceeding in such court.

AB379-ASA1,18,15 (cg) The school district governing body clerk, or his or her designee, shall provide a law enforcement agency with a copy of a pupil's attendance record if the law enforcement agency certifies in writing that the pupil is under investigation for truancy or for allegedly committing a criminal or delinquent act and that the law enforcement agency will not further disclose the pupil's attendance record except as permitted under s. 938.396 (1) (a). A school district governing body clerk, or his or her designee, who discloses a copy of a pupil's attendance record to a law enforcement agency for purposes of a truancy investigation shall notify the pupil's parent or guardian of that disclosure as soon as practicable after that disclosure.

AB379-ASA1,18,22 (ch) The school district governing body clerk, or his or her designee, shall provide a fire investigator under s. 165.55 (15) with a copy of a pupil's attendance record if the fire investigator certifies in writing that the pupil is under investigation under s. 165.55, that the pupil's attendance record is necessary for the fire investigator to pursue his or her investigation and that the fire investigator will use and further disclose the pupil's attendance record only for the purpose of pursuing that investigation.

AB379-ASA1,19,9 (ck) The school district governing body clerk, or his or her designee, shall make pupil records available for inspection or, upon request, disclose the contents of pupil records to authorized representatives of the department of corrections, the department of health services, the department of justice, or a district attorney for use in the prosecution of any proceeding or any evaluation conducted under ch. 980, if the pupil records involve or relate to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under ch. 980 is pending may issue any protective orders that it determines are appropriate concerning pupil records made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under ch. 980.

AB379-ASA1,19,13 (cm) If school attendance is a condition of a child's dispositional order under s. 48.355 (2) (b) 7. or 938.355 (2) (b) 7., the school board governing body shall notify the county department that is responsible for supervising the child within 5 days after any violation of the condition by the child.

AB379-ASA1,20,4 (d) Pupil records shall be made available to persons employed by the school district which governing body of the school that the pupil attends who are required by the department under s. 115.28 (7) to hold a license, law enforcement officers who are individually designated by the school board governing body and assigned to the school district, and other school district governing body officials who have been determined by the school board governing body to have legitimate educational interests, including safety interests, in the pupil records. Law enforcement officers' records obtained under s. 938.396 (1) (c) 3. shall be made available as provided in s. 118.127. A school board member of a governing body or an employee of a school district governing body may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employee acted with actual malice in failing to disclose the information. A school district governing body may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district governing body or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.

AB379-ASA1,20,6 (g) 1. The school board governing body may provide any public officer with any information required to be maintained under chs. 115 to 121.

AB379-ASA1,20,10 2. Upon request by the department, the school board governing body shall provide the department with any information contained in a pupil record that relates to an audit or evaluation of a federal or state-supported program or that is required to determine compliance with requirements under chs. 115 to 121.

AB379-ASA1,20,16 (i) Upon request, the school district governing body clerk, or his or her designee, shall provide the names of pupils who have withdrawn from the public school prior to graduation under s. 118.15 (1) (c) to the technical college district board in which the public school is located or, for verification of eligibility for public assistance under ch. 49, to the department of health services, the department of children and families, or a county department under s. 46.215, 46.22, or 46.23.

AB379-ASA1,21,3 (j) 2. If a school has notified the parent, legal guardian or guardian ad litem that a pupil's name and address has been designated as directory data, has informed the parent, legal guardian or guardian ad litem of the pupil that he or she has 14 days to inform the school that the pupil's name and address may not be released without the prior consent of the parent, legal guardian or guardian ad litem, has allowed 14 days for the parent, legal guardian or guardian ad litem of the pupil to inform the school that the pupil's name and address may not be released without the prior consent of the parent, legal guardian or guardian ad litem and the parent, legal guardian or guardian ad litem has not so informed the school, the school district governing body clerk or his or her designee, upon request, shall provide a technical college district board with the name and address of each such pupil who is expected to graduate from high school in the current school year.

AB379-ASA1,21,19 3. If a school has notified the parent, legal guardian or guardian ad litem of the information that it has designated as directory data with respect to any pupil, has informed the parent, legal guardian or guardian ad litem of the pupil that he or she has 14 days to inform the school that such information may not be released without the prior consent of the parent, legal guardian or guardian ad litem, has allowed 14 days for the parent, legal guardian or guardian ad litem of the pupil to inform the school that such information may not be released without the prior consent of the parent, legal guardian or guardian ad litem and the parent, legal guardian or guardian ad litem has not so informed the school, the school district governing body clerk or his or her designee, upon request, shall provide any representative of a law enforcement agency, district attorney, city attorney or corporation counsel, county department under s. 46.215, 46.22 or 46.23 or a court of record or municipal court with such information relating to any such pupil enrolled in the school district operated by the governing body for the purpose of enforcing that pupil's school attendance, investigating alleged criminal or delinquent activity by the pupil or responding to a health or safety emergency.

AB379-ASA1,21,25 (k) A school board governing body may disclose personally identifiable information from the pupil records of an adult pupil to the parents or guardian of the adult pupil, without the written consent of the adult pupil, if the adult pupil is a dependent of his or her parents or guardian under 26 USC 152, unless the adult pupil has informed the school governing body, in writing, that the information may not be disclosed.

AB379-ASA1,22,4 (L) A school board governing body shall disclose the pupil records of a pupil in compliance with a court order under s. 48.236 (4) (a), 48.345 (12) (b), 938.34 (7d) (b), 938.396 (1) (d), or 938.78 (2) (b) 2. after making a reasonable effort to notify the pupil's parent or legal guardian.

AB379-ASA1,22,17 (n) 1. A school board governing body may disclose pupil records to a city attorney, corporation counsel, agency, as defined in s. 938.78 (1), intake worker under s. 48.067 or 938.067, court of record, municipal court, private school, or another school board if disclosure is pursuant to an interagency agreement and the person to whom the records are disclosed certifies in writing that the records will not be disclosed to any other person except as otherwise authorized by law. For the purpose of providing services to a pupil before adjudication, a school board governing body may disclose pupil records to a tribal school if disclosure is pursuant to an agreement between the school board school's governing body and the governing body of the tribal school and if the school board school's governing body determines that enforceable protections are provided by a tribal school policy or tribal law that requires the tribal school official to whom the records are disclosed not to disclose the records to any other person except as permitted under this subsection.

AB379-ASA1,22,23 2. A school board governing body shall disclose pertinent pupil records to an investigating law enforcement agency or district attorney if the person to whom the records are disclosed certifies in writing that the records concern the juvenile justice system and the system's ability to effectively serve the pupil, relate to an ongoing investigation or pending delinquency petition, and will not be disclosed to any other person except as otherwise authorized by law.

AB379-ASA1,23,3 (p) A school board governing body may disclose pupil records to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of any individual.

AB379-ASA1,23,17 (3) Maintenance of records. Each school board governing body shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school operated by the governing body, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board governing body may maintain the records on microfilm, on an optical disk, or in electronic format if authorized under s. 19.21 (4) (c), or in such other form as the school board governing body deems appropriate. A school board governing body shall maintain law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or (c) 3. separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board governing body as a class 1 notice under ch. 985.

AB379-ASA1,24,10 (4) Transfer of records. Within 5 working days, a school district and a private school participating in the program under s. 118.60 or in the program under s. 119.23 governing body shall transfer to another school, including a private or governing body, including the governing body of a tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school governing body has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other a school or school district operated by the other governing body or written notice from the other school or school district governing body that the pupil has enrolled in a school operated by the other governing body or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include "governing body" includes the governing body of any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.

AB379-ASA1,24,14 (5) Use for suspension or expulsion. (a) Except as provided in par. (b), nothing in this section prohibits a school district governing body from using a pupil's records in connection with the suspension or expulsion of the pupil or the use of such records by a multidisciplinary team under ch. 115.

AB379-ASA1,24,21 (b) Law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or (c) 3. and records of the court assigned to exercise jurisdiction under chs. 48 and 938 or of a municipal court obtained under s. 938.396 (2g) (m) may not be used by a school district governing body as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action against a pupil, but may be used as the sole basis for taking action against a pupil under the school district's governing body's athletic code.

AB379-ASA1,24,25 (7) Disclosure of law enforcement unit records. A school board governing body shall treat law enforcement unit records of juveniles in the same manner as a law enforcement agency is required to treat law enforcement officers' records of juveniles under s. 938.396 (1) (a).

AB379-ASA1,23 Section 23. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

AB379-ASA1,25,5 118.40 (2r) (b) 1. (intro.) All Any of the following entities may establish by charter and operate a charter school or, on behalf of their respective entities, may initiate a contract with an individual or group a person to operate a school as a charter school:

AB379-ASA1,24 Section 24. 118.40 (2r) (b) 2. of the statutes is amended to read:

AB379-ASA1,25,15 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under sub. (1m) (b) 3. to 14. A contract shall include all of the provisions specified under sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter school on the liability of the contracting entity under this paragraph. The contract may include other provisions agreed to by the parties. The chancellor of the University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may not establish or enter into a contract for the establishment of a charter school under this paragraph without the approval of the board of regents of the University of Wisconsin System.

AB379-ASA1,25 Section 25. 118.40 (2r) (b) 2m. of the statutes is amended to read:

AB379-ASA1,25,18 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling a pupil from the charter school.

AB379-ASA1,25,21 b. If the charter or contract includes grounds for expelling a pupil from the charter school as permitted under subd. 2m. a., the charter or contract shall include the procedures to be followed by the charter school prior to expelling a pupil.

AB379-ASA1,26 Section 26. 118.40 (2r) (b) 4. of the statutes is amended to read:

AB379-ASA1,25,24 118.40 (2r) (b) 4. No chartering or contracting entity under subd. 1. may establish or enter into a contract for the establishment of a virtual charter school.

AB379-ASA1,27 Section 27. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA1,26,12 118.40 (2r) (bm) The common council of the city of Milwaukee and the Milwaukee area technical college district board may establish or enter into a contract for the establishment of a charter school located only in the school district operating under ch. 119. The chancellor of the University of Wisconsin-Milwaukee may establish or enter into a contract for the establishment of a charter school located only in Milwaukee County or in an adjacent county. The chancellor of the University of Wisconsin-Parkside may only establish or enter into a contract for the establishment of a charter school located in a unified school district that is located in the county in which the University of Wisconsin-Parkside is situated or in an adjacent county.

AB379-ASA1,28 Section 28. 118.40 (2r) (cm) of the statutes is amended to read:

AB379-ASA1,26,17 118.40 (2r) (cm) The chancellor of the University of Wisconsin-Parkside may establish or enter into a contract for the establishment of only one charter school under this subsection, which may not operate high school grades and which may not accommodate more than 480 pupils.

AB379-ASA1,29 Section 29. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

AB379-ASA1,26,20 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

AB379-ASA1,30 Section 30. 118.40 (3) (b) of the statutes is amended to read:

AB379-ASA1,27,2 118.40 (3) (b) A contract under par. (a) or under subs. sub. (2m) or (2r) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years, except that upon request of the charter school operator, the initial contract shall be for a term of 5 years. The contract shall specify the amount to be paid to the charter school during each school year of the contract.

AB379-ASA1,31 Section 31. 118.40 (3) (e) of the statutes is amended to read:

AB379-ASA1,27,7 118.40 (3) (e) When establishing or contracting for the establishment of a charter school under this section, a school board or entity specified under sub. (2r) (b) shall consider the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

AB379-ASA1,32 Section 32. 118.40 (4) (c) of the statutes is amended to read:

AB379-ASA1,27,14 118.40 (4) (c) Single-sex schools and courses. A school board may enter into a contract for, and an or entity under sub. (2r) (b) may establish or enter into a contract for, the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board or entity under sub. (2r) (b) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.

AB379-ASA1,33 Section 33. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).

AB379-ASA1,34 Section 34. 118.40 (5) (b) of the statutes is created to read:

AB379-ASA1,27,20 118.40 (5) (b) 1. Except as provided in subds. 3. and 4., a school board or entity under sub. (2r) that has contracted for the establishment of a charter school shall revoke the contract if the department determines under s. 115.39 (3) that the charter school has received a grade of F under s. 115.39 (2) (c) for 3 consecutive school years.

AB379-ASA1,27,25 2. Except as provided in subds. 3. and 4., a school board or entity under sub. (2r) that has contracted for the establishment of a charter school shall revoke the contract if the department determines under s. 115.39 (3) that the charter school has received a grade of F in at least 3 of 5 consecutive school years and a grade no higher than D in the other 2 school years under s. 115.39 (2) (c).

AB379-ASA1,28,3 3. A school board or entity under sub. (2r) may not revoke a contract under subd. 1. or 2. based on the grades received by the charter school during the school's first 5 years.

AB379-ASA1,28,8 4. A school board or entity under sub. (2r) may not revoke a contract under subd. 1. or 2. if the department determines, based on the recommendations of the academic accountability council under s. 115.39 (8) (b) and on information provided by the University of Wisconsin-Madison Value-Added Research Center, that the school demonstrates high-value added growth.

AB379-ASA1,28,11 5. The revocation of a contract under subd. 1. or 2. is initially effective on the July 1 following the issuance of the school's accountability report under s. 115.39 (3) containing the department's determination under subd. 1. or 2.

AB379-ASA1,28,14 6. If a charter school that has had its contract revoked under subd. 1. or 2. reopens as a private school, it may not participate in a parental choice program under s. 118.60 or 119.23.

AB379-ASA1,35 Section 35. 118.42 (title) of the statutes is amended to read:

AB379-ASA1,28,17 118.42 (title) Low-performing school districts and schools; state superintendent interventions.

AB379-ASA1,36 Section 36. 118.42 (2) of the statutes is repealed.

AB379-ASA1,37 Section 37. 118.42 (3) (b) of the statutes is repealed.

AB379-ASA1,38 Section 38. 118.42 (3) (c) 1. (intro.) of the statutes is amended to read:

AB379-ASA1,28,22 118.42 (3) (c) 1. (intro.) If the state superintendent issues a directive under par. (a) or (b), he or she shall do all of the following:

AB379-ASA1,39 Section 39. 118.42 (3) (c) 2. of the statutes is amended to read:

AB379-ASA1,29,3 118.42 (3) (c) 2. If a school board receives a directive from the state superintendent under par. (a) or (b), the school board shall seek input from school district staff, parents, and community leaders on implementing the directive.

AB379-ASA1,40 Section 40. 118.42 (4) of the statutes is amended to read:

AB379-ASA1,29,8 118.42 (4) The state superintendent shall promulgate rules establishing criteria and procedures for determining whether a school or school district is in need of improvement and whether a school is among the lowest performing 5 percent of all public schools in the state, for the purposes of this section.

AB379-ASA1,41 Section 41. 118.425 of the statutes is created to read:

AB379-ASA1,29,12 118.425 Low-performing public schools. (1) Definition. In this section, "charter management organization" means a person that operates multiple charter schools.

AB379-ASA1,29,13 (2) Applicability. This section applies beginning on July 1, 2020.

AB379-ASA1,29,21 (3) Charter management organizations. The department shall establish and maintain a list of high-quality charter management organizations. A charter management organization is a high-quality charter management organization if, in each of the 2 immediately preceding school years, the average growth rate in reading and mathematics of pupils attending each charter school operated by the organization, wherever located, was greater than the average growth rate in reading and mathematics of pupils attending public schools in the school district in which the charter school established under sub. (4) will be located.

AB379-ASA1,30,4 (4) Sanctions. (a) Except as provided in par. (d), if the department determines under s. 115.39 (3) that a public school, other than a charter school, has received a grade of F under s. 115.39 (2) (c) for 3 consecutive school years, or has received a grade of F in at least 3 of 5 consecutive school years and a grade no higher than D in the other 2 school years under s. 115.39 (2) (c), the school board shall determine whether to permanently close the school or contract under s. 118.40 with a charter management organization that is included in the list under sub. (3) to operate the school as a charter school.

AB379-ASA1,30,12 (b) 1. If the school board determines to contract with a charter management organization under par. (a), it shall issue a request for proposals and publish a class 1 notice under ch. 985 of the statutes within 30 days of the department's determination under par. (a). The school board shall enter into the contract with the charter management organization by the February 1 following the department's determination under par. (a). The contract shall provide for the attendance of pupils beginning in the following school year. The contract may not require the charter management organization to purchase or lease the school.

AB379-ASA1,30,20 2. If the school board determines to contract with a charter management organization under par. (a) but is unable to reach an agreement with any charter management organization, the school board may request the state superintendent to waive the requirement under par. (a). The state superintendent shall refer the request to the academic accountability council for its recommendation. The state superintendent may waive the requirement under par. (a) if the school board demonstrates that it engaged in a good-faith effort to reach an agreement with a charter management organization.

AB379-ASA1,30,23 3. If the state superintendent grants the waiver, effective in the school year following the date of the department's determination under par. (a), the school board shall convert the school to a charter school and do all of the following in the school:

AB379-ASA1,30,24 a. Replace the school's principal.

AB379-ASA1,30,25 b. Implement a rigorous staff evaluation and development system.

AB379-ASA1,31,3 c. Reward staff who increase pupil academic achievement or high school graduation rates and remove staff who have not improved in these areas after being given an ample opportunity to do so.

AB379-ASA1,31,4 d. Institute comprehensive instructional reform.

AB379-ASA1,31,5 e. Increase the time provided for pupil instruction.

AB379-ASA1,31,6 f. Apply community-oriented school strategies.