Amendment ASA1-AB379

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 Committee.

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 individual needs;

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 principals.

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 districts above.

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:

Public schools

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 charter school.

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 school:

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.

Charter schools

The substitute amendment provides that if DPI determines that 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 or entity that contracted for the establishment of the charter school must revoke the contract. If the charter school reopens as a private school, it may not participate in a PCP.

The substitute amendment provides, however, that a charter school's contract may not be revoked on the basis of grades received during the school's initial five school years. The substitute amendment also provides that a charter school's contract may not be revoked 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.

Choice schools

If DPI determines that a private school participating in a PCP 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, DPI must issue an order permanently barring the private school from accepting any new pupils under the PCP. This requirement does not apply, however, 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. A private school barred from accepting new pupils may not reopen as a charter school.

Charter schools; contracts

Under current law, an entity authorized to establish an independent charter school may do so itself or by contracting with a third party. This substitute amendment allows charter schools to be established by contract only.

Currently, a contract with a charter school may be for any term not exceeding five school years and may be renewed for one or more terms not exceeding five school years. This bill provides that the initial contract with a charter school must be for a term of five years if the charter school requests it.

Pupil records

Under current law, all pupil records maintained by a public school are confidential unless explicitly allowed to be disclosed. This substitute amendment makes the pupil records law applicable to pupils attending private schools under a PCP and to charter schools.

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

AB379-ASA1,1 Section 1. 15.377 (5) of the statutes is created to read:

AB379-ASA1,6,5 15.377 (5) Academic accountability council. (a) There is created in the department of public instruction an academic accountability council consisting of the state superintendent of public instruction or his or her designee and the following members appointed for 3-year terms:

AB379-ASA1,6,6 1. Two persons appointed by the president of the senate.

AB379-ASA1,7,1 2. One person appointed by the minority leader of the senate.

AB379-ASA1,7,2 3. Two persons appointed by the speaker of the assembly.

AB379-ASA1,7,3 4. One person appointed by the minority leader of the assembly.

AB379-ASA1,7,4 5. Two persons appointed by the governor.

AB379-ASA1,7,6 (b) The members appointed under par. (a) 1. to 4. shall have experience in elementary and secondary education. They may not be legislators.

AB379-ASA1,7,9 (c) The state superintendent of public instruction or his or her designee shall serve as chairperson of the academic accountability council. Beginning in 2015, the council shall meet at least twice each year.

AB379-ASA1,2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB379-ASA1,3 Section 3. 20.255 (1) (e) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA1,7,16 20.255 (1) (e) Student information system. As a continuing appropriation, the amounts in the schedule for the student information system under s. 115.28 (12) 115.383.

AB379-ASA1,4 Section 4. 20.255 (1) (he) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA1,8,3 20.255 (1) (he) Student information system; fees. All moneys received from fees charged as authorized under s. 115.28 (12) (b) 115.383 (3) (c) to be used for the student information system established under s. 115.28 (12) (a) 115.383 (1).

AB379-ASA1,5 Section 5. 20.255 (3) (fm) of the statutes is created to read:

AB379-ASA1,8,8 20.255 (3) (fm) Value-Added Research Center. The amounts in the schedule to pay the costs of the University of Wisconsin-Madison Value-Added Research Center under ss. 115.39 (4m) (b), 118.40 (5) (b) 4., 118.425 (4) (d), 118.60 (9m) (a) 3., and 119.23 (9m) (a) 3.

AB379-ASA1,6 Section 6. 115.001 (1) of the statutes is amended to read:

AB379-ASA1,8,13 115.001 (1) Charter school. "Charter school" means a school under contract with a school board under s. 118.40 or with one of the entities an entity under s. 118.40 (2r) (b), or a school established and operated by one of the entities under s. 118.40 (2r) (b).

AB379-ASA1,7 Section 7. 115.28 (12) (title) of the statutes is renumbered 115.383 (title).

AB379-ASA1,8 Section 8. 115.28 (12) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 115.383 (1), and 115.383 (1) (a) and (c), as renumbered, are amended to read:

AB379-ASA1,8,23 115.383 (1) (a) Develop a proposal for a multiple-vendor student information system for the standardized collection of pupil data. The proposal shall allow schools and school districts to use their vendor of choice and include reporting requirements that can reasonably be met by multiple vendors. The state superintendent may not establish a student information system unless the proposal is approved by the joint committee on finance under subd. 2 par. (b).

AB379-ASA1,9,4 (c) If the proposal is approved under subd. 2. par. (b), the state superintendent shall ensure that information about pupils enrolled in charter schools and about pupils enrolled in private schools participating in a parental choice program under s. 118.60 or 119.23, including their academic performance and demographic information, aggregated by school district, school, and teacher, is collected and maintained in the student information system.

AB379-ASA1,9 Section 9. 115.28 (12) (ag) (intro.) of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 115.383 (2) (intro.) and amended to read:

AB379-ASA1,9,15 115.383 (2) (intro.) If the student information system is established under par. (a) sub. (1), each school district, charter school, and private school using the system under par. (a) sub. (1) shall include in the system the following information for each teacher teaching in the school district or school who completed a teacher preparatory education program described in sub. s. 115.28 (7) (a) or (e) 2. and located in this state or a teacher education program described in sub. (7) (e) 2. and located in this state on or after January 1, 2012, or, for each teacher teaching in a private school participating in a parental choice program under s. 118.60 or 119.23, who obtained a bachelor's degree from an institution located in this state on or after July 1, 2010:

AB379-ASA1,10 Section 10. 115.28 (12) (ag) 1. and 2. of the statutes are renumbered 115.383 (2) (a) and (b) and amended to read:

AB379-ASA1,9,20 115.383 (2) (a) The name of the teacher preparatory program or teacher education program the teacher attended and completed or the name of the institution from which the teacher obtained a bachelor's degree.

AB379-ASA1,9,22 (b) The term or semester and year in which the teacher completed the teacher education program described in subd. 1 or obtained a bachelor's degree.

AB379-ASA1,11 Section 11. 115.28 (12) (b) of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 115.383 (3) (a) and amended to read:

AB379-ASA1,10,5 115.383 (3) (a) If the student information system is established under par. (a), sub. (1), the state superintendent shall ensure that within 5 years of the establishment of the system under par. (a), every school district and every charter school, other than a charter school established under s. 118.40 (2r), is using the system, and that.

AB379-ASA1,10,12 (b) Beginning in the 2015-16 school year, the state superintendent shall ensure that every charter school established under s. 118.40 (2r) and every private school participating in a parental choice program under s. 118.60 or 119.23 is either using the system under par. (a) sub. (1) or is using a system that is interoperable with the system under par. (a). The commercially available, capable of providing the information required under s. 115.39, and able to obtain pupil identification numbers under sub. (5).

AB379-ASA1,10,16 (c) If the student information system is established under sub. (1), the state superintendent may promulgate rules authorizing the department to charge a fee to any person that uses the system. All fees shall be credited to the appropriation account under s. 20.255 (1) (he).

AB379-ASA1,12 Section 12. 115.38 of the statutes, as affected by 2013 Wisconsin Act 20, is repealed.

AB379-ASA1,13 Section 13. 115.383 (4) of the statutes is created to read:

AB379-ASA1,10,23 115.383 (4) A private school participating in a parental choice program under s. 118.60 or 119.23 is not required to include information about pupils who are not attending the private school under s. 118.60 or 119.23 in the system it is using under sub. (3).

AB379-ASA1,14 Section 14. 115.383 (5) of the statutes is created to read:

AB379-ASA1,11,6 115.383 (5) The state superintendent shall assign to each pupil attending a public school or charter school, and to each pupil attending a private school under s. 118.60 or 119.23, a unique identification number for use in the student information system. The state superintendent shall not assign to any pupil an identification number that is identical to or incorporates the pupil's social security number or that uses any other personally identifying information.

AB379-ASA1,15 Section 15. 115.385 (3) of the statutes is created to read:

AB379-ASA1,11,8 115.385 (3) This section does not apply after September 30, 2017.

AB379-ASA1,16 Section 16. 115.39 of the statutes is created to read:

AB379-ASA1,11,12 115.39 School and school district accountability system. (1) In this section, "school" means a public school, including a charter school, and a private school participating in a parental choice program under s. 118.60 or 119.23.

AB379-ASA1,11,15 (2) The department shall establish a comprehensive school and school district accountability system beginning in the 2017-18 school year that includes all of the following components: