Amendment ASA2-AB379

AB379-ASA2,14,16 4. The race or ethnicity of pupils taking the examinations under s. 118.30.

AB379-ASA2,14,18 5. The English proficiency status of pupils taking the examinations under s. 118.30.

AB379-ASA2,14,19 6. The economic status of pupils taking the examinations under s. 118.30.

AB379-ASA2,14,21 7. The enrollment status and history of pupils attending the school or school district.

AB379-ASA2,14,23 (b) For measuring growth in pupil achievement in reading and mathematics under sub. (2) (a) 2., the information under par. (a).

AB379-ASA2,15,4 (c) For measuring gap closure in growth in pupil achievement in reading and mathematics and in graduation rates under sub. (2) (a) 3., the information under par. (a) and the information under par. (d). When measuring gap closure, the department shall ensure that a subgroup with a sufficient number of pupils within a school or school district is compared to the statewide performance of pupils who are not in that subgroup.

AB379-ASA2,15,8 (d) For measuring rates of attendance and of high school graduation under sub. (2) (a) 4., the information under par. (a), attendance data, and data about pupils who graduate from high school with a regular diploma within 4 school years, within 5 school years, and within 6 school years.

AB379-ASA2,15,12 (4m) (a) Except as provided in par. (b), for a private school participating in a parental choice program under s. 118.60 or 119.23, the department may use for each measure specified in sub. (2) (a) only the information specified in sub. (4) that pertains to pupils attending the private school under the program.

AB379-ASA2,15,21 (b) If a private school participating in a parental choice program under s. 118.60 or 119.23 administers a nationally recognized, norm-referenced test that has been approved by the department to all pupils attending the private school, the private school may submit to the department achievement data derived from the test. The department shall submit the data to the University of Wisconsin-Madison Value-Added Research Center, which shall statistically equate the scores so that the department may use the data to measure the achievement and growth of pupils attending the private school. The department shall pay the center's costs from the appropriation under s. 20.255 (3) (fm).

AB379-ASA2,15,24 (c) To the extent practicable, the department shall coordinate and integrate data collection processes for private schools participating in a parental choice program under s. 118.60 or 119.23.

AB379-ASA2,16,2 (5) Each school and school district shall provide a link on the home page of its Internet site to the report issued by the department under this section.

AB379-ASA2,16,8 (6) (a) If the department determines that there is insufficient data about a school to grade its performance under sub. (3) (a) or that a grade under sub. (2) (c) is inappropriate because the school serves exclusively children at risk, as defined under s. 118.153 (1) (a), the department may grade the school as "satisfactory" or "needs improvement." The department shall issue an accountability report for the school.

AB379-ASA2,16,12 (b) If the department determines that the percentage of pupils in a school who participate in the examinations administered under s. 118.30 is inadequate, the department may use that as a factor in determining the school's grade under sub. (3) (a).

AB379-ASA2,16,17 (7) The legislative audit bureau shall study the department's methodology for calculating the performance of schools and school districts for the most recently issued accountability reports under this section and submit its findings to the joint legislative audit committee under s. 13.172 (3) in January 2019 and annually thereafter.

AB379-ASA2,16,21 (8) (a) By July 1 of each odd-numbered year, the academic accountability council shall make recommendations to the department, and provide a copy of the recommendations to the appropriate standing committees of the legislature under s. 13.172 (3), on all of the following:

AB379-ASA2,16,25 1. Whether a school, determined by the University of Wisconsin-Madison Value-Added Research Center to demonstrate high-value added growth under s. 118.40 (5) (b) 4., 118.425 (4) (d) 1., 118.60 (9m) (a) 4., or 119.23 (9m) (a) 4., should be sanctioned under s. 118.40 (5) (b), 118.425 (4), 118.60 (9m), or 119.23 (9m).

AB379-ASA2,17,1 1m. Defining "high-value added growth" for the purpose of subd. 1.

AB379-ASA2,17,3 2. How a school's and school district's grade should be affected whenever a pupil is excused from taking an examination under s. 118.30 (2) (b) 3. to 6.

AB379-ASA2,17,9 3. Policies that address appropriate accommodations on statewide assessments for a pupil attending a private school participating in a parental choice program under s. 118.60 or 119.23 who is a child with a disability, a limited-English proficient pupil, or eligible for a free or reduced-price lunch under 42 USC 1758 (b) that are similar to the accommodations made for such pupils attending public schools.

AB379-ASA2,17,11 4. Further clarifying the data specified in sub. (4) that the department may use for each measure specified in sub. (2) (a).

AB379-ASA2,17,13 5. The methodology for calculating the performance of schools and school districts under this section.

AB379-ASA2,17,15 6. The appropriate weight to be given each of the measures under sub. (2) (a) for the grades issued under sub. (2) (c).

AB379-ASA2,17,16 7. The qualifying score for each grade under sub. (2) (c).

AB379-ASA2,17,19 8. A list of nationally recognized, norm-referenced tests that a private school participating in a parental choice program under s. 118.60 or 119.23 may use under sub. (4m) (b).

AB379-ASA2,17,21 9. Modifying the sanctions under ss. 118.40 (5) (b), 118.425 (4), 118.60 (9m), and 119.23 (9m).

AB379-ASA2,17,24 (b) The academic accountability council annually shall publish a list of the schools being sanctioned and a list of the schools eligible to be sanctioned under ss. 118.40 (5) (b), 118.425 (4), 118.60 (9m), and 119.23 (9m).

AB379-ASA2,17 Section 17. 115.775 (1) of the statutes is amended to read:

AB379-ASA2,18,3 115.775 (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-ASA2,18 Section 18. 118.125 (4) of the statutes is amended to read:

AB379-ASA2,18,20 118.125 (4) Transfer of records. Within 5 working days, a school district, a charter school, including a charter school established under s. 118.40 (2r), and a private school participating in the a parental choice program under s. 118.60 or in the program under s. 119.23 shall transfer to another school, including a private, charter, or tribal school, or school district, all pupil records relating to a specific pupil if the transferring school district or private school 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 school or school district or written notice from the other school or school district that the pupil has enrolled 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 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-ASA2,19 Section 19. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

AB379-ASA2,18,25 118.40 (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-ASA2,20 Section 20. 118.40 (2r) (b) 2. of the statutes is amended to read:

AB379-ASA2,19,10 118.40 (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-ASA2,21 Section 21. 118.40 (2r) (b) 2m. of the statutes is amended to read:

AB379-ASA2,19,13 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling a pupil from the charter school.

AB379-ASA2,19,16 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-ASA2,22 Section 22. 118.40 (2r) (b) 4. of the statutes is amended to read:

AB379-ASA2,19,19 118.40 (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-ASA2,23 Section 23. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA2,20,6 118.40 (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-ASA2,24 Section 24. 118.40 (2r) (cm) of the statutes is amended to read:

AB379-ASA2,20,11 118.40 (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-ASA2,25 Section 25. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

AB379-ASA2,20,14 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

AB379-ASA2,26 Section 26. 118.40 (3) (b) of the statutes is amended to read:

AB379-ASA2,20,20 118.40 (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-ASA2,27 Section 27. 118.40 (3) (e) of the statutes is amended to read:

AB379-ASA2,20,25 118.40 (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-ASA2,28 Section 28. 118.40 (4) (c) of the statutes is amended to read:

AB379-ASA2,21,7 118.40 (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-ASA2,29 Section 29. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).

AB379-ASA2,30 Section 30. 118.40 (5) (b) of the statutes is created to read:

AB379-ASA2,21,13 118.40 (5) (b) 1. Except as provided in subds. 3. to 4m., 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 the grade under s. 115.39 (2) (c) 5. for 3 consecutive school years.

AB379-ASA2,21,19 2. Except as provided in subds. 3. to 4m., 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 the grade under s. 115.39 (2) (c) 5. in at least 3 of 5 consecutive school years and a grade no higher than the grade under s. 115.39 (2) (c) 4. in the other 2 school years.

AB379-ASA2,21,22 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 2 school years.

AB379-ASA2,22,2 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 recommendation of the academic accountability council under s. 115.39 (8) (a) 1. and on information provided by the University of Wisconsin-Madison Value-Added Research Center, that the school demonstrates high-value added growth.

AB379-ASA2,22,4 4m. A school board or entity under sub. (2r) may not revoke a contract under subd. 1. or 2. unless it is otherwise required to do so by state law.

AB379-ASA2,22,7 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-ASA2,22,10 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-ASA2,31 Section 31. 118.42 (title) of the statutes is amended to read:

AB379-ASA2,22,13 118.42 (title) Low-performing school districts and schools; state superintendent interventions.

AB379-ASA2,32 Section 32. 118.42 (2) of the statutes is repealed.

AB379-ASA2,33 Section 33. 118.42 (3) (b) of the statutes is repealed.

AB379-ASA2,34 Section 34. 118.42 (3) (c) 1. (intro.) of the statutes is amended to read:

AB379-ASA2,22,18 118.42 (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-ASA2,35 Section 35. 118.42 (3) (c) 2. of the statutes is amended to read:

AB379-ASA2,22,22 118.42 (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-ASA2,36 Section 36. 118.42 (4) of the statutes is amended to read:

AB379-ASA2,23,2 118.42 (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-ASA2,37 Section 37. 118.425 of the statutes is created to read:

AB379-ASA2,23,5 118.425 Low-performing public schools. (2) Applicability. This section applies beginning on July 1, 2019.

AB379-ASA2,23,12 (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 the grade under s. 115.39 (2) (c) 5. for 3 consecutive school years, or has received the grade under s. 115.39 (2) (c) 5. in at least 3 of 5 consecutive school years and a grade no higher than the grade under s. 115.39 (2) (c) 4. in the other 2 school years, the school board shall determine whether to permanently close the school or contract under s. 118.40 with a person to operate the school as a charter school.

AB379-ASA2,23,21 (b) 1. If the school board determines to contract with a person to operate the school as a charter school, 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 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 person operating the school to purchase or lease the school. The contract shall require the operator of the charter school to do all of the following in the school:

AB379-ASA2,23,22 a. Replace the school's principal.

AB379-ASA2,23,23 b. Implement a rigorous staff evaluation and development system.

AB379-ASA2,23,25 c. Reward staff who increase pupil academic achievement or high school graduation rates.

AB379-ASA2,24,1 d. Institute comprehensive instructional reform.

AB379-ASA2,24,2 e. Increase the time provided for pupil instruction.

AB379-ASA2,24,3 f. Apply community-oriented school strategies.

AB379-ASA2,24,4 g. Provide greater operational flexibility and support for the school.

AB379-ASA2,24,9 2. A school board that contracts with a person to operate the school as a charter school under subd. 1. shall ensure that all teachers who had been assigned to the school must reapply in order to be reassigned to the school. Any teacher who scores in the lowest category of teacher effectiveness under s. 115.415 may not be reassigned to the school.

AB379-ASA2,24,13 (c) If the school board determines to permanently close the school under par. (a), the school closing takes effect on the July 1 following the issuance of the school's accountability report under s. 115.39 (3) containing the department's determination under par. (a).

AB379-ASA2,24,17 (d) 1. Paragraph (a) does not apply if the department determines, based on the recommendation of the academic accountability council under s. 115.39 (8) (a) 1. and on information provided by the University of Wisconsin-Madison Value-Added Research Center, that the school demonstrates high-value added growth.

AB379-ASA2,24,19 2. A newly constructed school may not be sanctioned under par. (a) based on the grades received by the school during the school's first 2 school years of operation.

AB379-ASA2,24,22 3. A school board is not required to close a school or contract under s. 118.40 with a person to operate the school as a charter school under par. (a) unless it is otherwise required to do so by state law.

AB379-ASA2,25,2 (e) Notwithstanding s. 118.40 (3) (b), the school board shall pay the operator of a charter school established under par. (b), for each full-time equivalent pupil attending the charter school, an amount equal to at least 90 percent of the average per-pupil cost for the school district.

AB379-ASA2,38 Section 38. 118.60 (9m) of the statutes is created to read:

AB379-ASA2,25,9 118.60 (9m) (a) 1. Except as provided in subds. 3. to 5., if the department determines under s. 115.39 (3) that a private school participating in the program under this section has received the grade under s. 115.39 (2) (c) 5. for 3 consecutive school years, the state superintendent shall issue an order permanently barring the private school from accepting any pupils under this section who were not attending the private school under this section in the school year in which the order was issued.