2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 379
February 10, 2014 - Offered by Representatives Kestell and Steineke.
1An Act to repeal
115.38, 118.42 (2) and 118.42 (3) (b); to renumber
115.28 (12) 2
(title) and 118.40 (5); to renumber and amend
115.28 (12) (a), 115.28 (12) (ag) 3
(intro.), 115.28 (12) (ag) 1. and 2. and 115.28 (12) (b); to amend
20.255 (1) (e), 4
20.255 (1) (he), 115.001 (1), 115.775 (1), 118.125 (1) (bL), 118.125 (2) (intro.), (c) 5
1., (cg), (ch), (ck), (cm), (d), (g), (i), (j) 2. and 3., (k), (L), (n) 1. and 2. and (p) and 6
(3) to (5) and (7), 118.40 (2r) (b) 1. (intro.), 118.40 (2r) (b) 2., 118.40 (2r) (b) 2m., 7
118.40 (2r) (b) 4., 118.40 (2r) (bm), 118.40 (2r) (cm), 118.40 (2r) (d) (intro.), 118.40 8
(3) (b), 118.40 (3) (e), 118.40 (4) (c), 118.42 (title), 118.42 (3) (c) 1. (intro.), 118.42 9
(3) (c) 2., 118.42 (4), 118.60 (10) (c), 118.60 (10) (d), 119.04 (1), 119.23 (10) (c), 10
119.23 (10) (d), 121.006 (2) (d) and 121.02 (1) (o); and to create
15.377 (5), 11
20.255 (3) (fm), 115.383 (4), 115.383 (5), 115.385 (3), 115.39, 118.125 (1) (bc), 12
118.125 (1) (f), 118.125 (1m), 118.40 (5) (b), 118.425, 118.60 (9m), 119.23 (9m) 13
and 120.12 (26) of the statutes; relating to: the student information system,
1a school and school district accountability system, low-performing schools,
2charter school contracts, pupil records, and creating the academic
Analysis by the Legislative Reference Bureau
Student information system
Current law directs the Department of Public Instruction (DPI) to develop a
proposal for a multiple-vendor student information system (SIS). DPI must submit
the proposal to the Joint Committee on Finance (JCF) for its approval. If JCF
approves the proposal, DPI must implement it and must ensure that information
about pupils enrolled in charter schools and about pupils enrolled in private schools
participating in a parental choice program (PCP) is collected and maintained in the
SIS. Current law also provides that if the SIS is established, DPI must ensure that
within five years, every school district and every charter school is using the SIS, and
that every private school participating in a PCP is either using the SIS or is using
a system that is interoperable with the SIS. Current law authorizes DPI to
promulgate rules establishing a fee for use of the SIS.
This substitute amendment provides that if the SIS is established, DPI must
ensure that within five years, every school district and every charter school, other
than an independent charter school, is using the system. The substitute amendment
also provides that, beginning in the 2015-16 school year, DPI must ensure that every
independent charter school and every private school participating in a PCP is either
using the SIS or is using a system that is commercially available, capable of
providing the information required, and able to obtain pupil identification numbers.
If the SIS is established, the substitute amendment allows DPI to promulgate rules
establishing a fee for using the SIS.
Finally, the substitute amendment specifies that a private school participating
in a PCP is not required to include in the SIS it is using information about pupils who
are not attending the private school under the PCP.
School and school district accountability
Current law directs DPI, annually by September 1, to publish a school and
school district accountability report that includes the following components:
1. Multiple measures to determine a school's performance or a school district's
improvement, including pupil achievement and growth in reading and mathematics;
measures of college and career readiness; and gaps in pupil achievement and
graduation rates categorized by various factors.
2. An index system to identify a school's level of performance and annually
place each school into one of five performance categories.
Current law provides that one year after an independent charter school or a
private school participating in a PCP begins using the SIS or a system that is
interoperable with the SIS, DPI must include the school in its school accountability
This substitute amendment eliminates all of the above provisions and
establishes a school and school district accountability system, initially effective in
the 2017-18 school year, that is applicable to school districts, public schools, charter
schools, and private schools participating in a PCP. The substitute amendment
directs DPI to determine a school's and school district's performance in the following
1. Pupil achievement in reading and mathematics.
2. Growth in pupil achievement in reading and mathematics, calculated using
a value-added methodology.
3. Gap closure in growth in pupil achievement in reading and mathematics and
in graduation rates.
4. Rates of attendance and of high school graduation.
The substitute amendment specifies the information about a school or school
district that DPI may use to measure performance in each of the above areas. To the
extent feasible, DPI's rating for each school and school district must be calculated
with 25 percent of the weight given to each item listed above.
For a private school participating in a PCP, the substitute amendment directs
DPI to use for each area only the information that pertains to pupils attending the
private school under the PCP.
The substitute amendment requires DPI to issue an annual accountability
report for each school and school district that grades the school's or school district's
overall performance from A to F.
The substitute amendment directs DPI to provide a school or school district an
opportunity to review a preliminary version of a report in order to correct errors.
The substitute amendment allows DPI to downgrade a school's rating if DPI
determines that the percentage of pupils taking the statewide assessments is
The substitute amendment creates an Academic Accountability Council in DPI
to make recommendations to the state superintendent of public instruction (and
provide a copy to the appropriate standing committees of the legislature) on the
format and makeup of the school accountability report and qualifying score for each
grade, on whether a school that has been determined to be failing but demonstrates
high-value added growth, as determined by the University of Wisconsin-Madison
Value-Added Research Center, should be sanctioned, and on sanction waivers for
public schools, described below.
The substitute amendment directs the Legislative Audit Bureau annually to
study DPI's methodology for calculating the performance of schools and school
districts and report its findings each January to the Joint Legislative Audit
Low-performing schools and school districts; interventions
Current law requires a school board and DPI to take certain steps if a school or
school district is in need of improvement or among the lowest performing, as follows:
1. If DPI determines that a school district has been in need of improvement for
four consecutive school years, the school board must:
a. Employ a standard, consistent, research-based curriculum that is aligned
with the state's model academic standards;
b. Use pupil academic performance data to differentiate instruction to meet
c. Implement a system of academic and behavioral supports and early
intervention for pupils; and
d. Provide additional learning time to address the academic needs of pupils who
are struggling academically.
2. If DPI determines that a particular public school has been in the lowest
performing 5 percent of all public schools in the state in the previous school year and
is located in a school district that has been in need of improvement for four
consecutive school years, the school board must do the following in the school:
a. Use rigorous and equitable performance evaluation systems for teachers and
b. Adopt a policy establishing criteria for evaluating whether the distribution
of teachers and principals within the affected schools relative to the distribution of
teachers and principals throughout the school district, based on their qualifications
and effectiveness, is equitable. If the school board determines that the distribution
is inequitable, the school board must eliminate those policies and constraints that
prevent low-performing schools from recruiting, placing, and retaining effective
teachers and principals, and provide additional support to teachers and principals.
c. Establish teacher and principal improvement programs.
d. Adopt placement criteria for principals that include performance
evaluations and measures of pupil academic achievement.
3. If DPI determines that a school district has been in need of improvement for
four consecutive school years, DPI may direct the school board to do one or more of
the following in the school district:
a. Implement or modify activities enumerated for low-performing school
b. Implement a new or modified instructional design.
c. Implement professional development programs.
d. Implement changes in administrative and personnel structures.
e. Adopt accountability measures to monitor the school district's finances or to
monitor other interventions.
4. If DPI determines that a public school is located in a school district that has
been in need of improvement for four consecutive school years, and that the school
has been in need of improvement for five consecutive school years or was among the
lowest performing 5 percent of all public schools in the state in the previous school
year, DPI may direct the school board to do one or both of the following in the school:
a. Implement a new or modified instructional design.
b. Create a school improvement council to make recommendations to DPI
regarding improving the school.
This substitute amendment eliminates all of the above provisions (except those
applicable to low-performing school districts), effective at the end of the 2019-20
school year, and substitutes the following:
If DPI determines that a public school, other than a charter school, has received
a grade of F for three consecutive school years, or has received a grade of F in three
of five consecutive school years and a grade no higher than D in the other two school
years, the school board must permanently close the school or contract with a
high-quality charter management organization (CMO) to operate the school as a
If a school board determines to contract with a CMO, but cannot reach an
agreement with any CMO, it may request the state superintendent to waive the
requirement to contract with a CMO or close the school. The state superintendent
may waive that requirement if the school board demonstrates that it engaged in a
good-faith effort to contract with the CMO. If the state superintendent grants the
waiver, the school board must convert the school to a charter school that is organized
as an instrumentality of the school district and must do all of the following in the
1. Replace the school's principal.
2. Implement a rigorous staff evaluation and development system.
3. 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.
4. Institute comprehensive instructional reform.
5. Increase the time provided for pupil instruction.
6. Apply community-oriented school strategies.
7. Provide greater operational flexibility and support for the school.
If the school board contracts with a CMO, the charter school may not be an
instrumentality of the school district and the school board may not employ any
personnel for the school. The school board must pay the charter school operator, for
each full-time equivalent pupil attending the school, at least 90 percent of the
average per pupil cost for the school district.
The requirement to close a public school or contract with a CMO to operate the
school as a charter school does not apply if DPI determines, based on information
provided by the University of Wisconsin-Madison Value-Added Research Center,
that the school demonstrates high-value added growth.
These sanctions (and the sanctions described below for charter schools and
choice schools) take effect in the school year following the school year in which the
accountability report for the third (or fifth) school year is issued by DPI.
Accountability reports are expected to be issued in September.