Amendment ASA2-AB379

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AB379-ASA2,32 Section 32. 118.42 (2) of the statutes is repealed.

AB379-ASA2,33 Section 33. 118.42 (3) (b) of the statutes is repealed.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

AB379-ASA2,25,16 2. 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. 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 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.

AB379-ASA2,25,20 3. A private school participating in the program under this section may not be sanctioned under subd. 1. or 2. based on the grades received by the private school during the school's first 2 school years of participating in the program under this section.

AB379-ASA2,25,25 4. 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, the state superintendent may not issue an order under subd. 1. or 2.

AB379-ASA2,26,2 5. The state superintendent may not issue an order under subd. 1. or 2. unless he or she is otherwise required to do so by state law.

AB379-ASA2,26,4 (b) A private school that has been barred from accepting new pupils under par. (a) may not reopen as a charter school.

AB379-ASA2,39 Section 39. 118.60 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA2,26,9 118.60 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), or sub. (9m), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB379-ASA2,40 Section 40. 118.60 (10) (d) of the statutes is amended to read:

AB379-ASA2,26,13 118.60 (10) (d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section or fails to participate in the student information system as required under s. 115.383 (3).

AB379-ASA2,41 Section 41. 119.04 (1) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA2,26,25 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.365 (3), 115.38 (2), 115.383, 115.39, 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB379-ASA2,42 Section 42. 119.23 (9m) of the statutes is created to read:

AB379-ASA2,27,7 119.23 (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.

AB379-ASA2,27,14 2. 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. 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 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.

AB379-ASA2,27,18 3. A private school participating in the program under this section may not be sanctioned under subd. 1. or 2. based on the grades received by the private school during the school's first 2 school years of participating in the program under this section.

AB379-ASA2,27,23 4. 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, the state superintendent may not issue an order under subd. 1. or 2.

AB379-ASA2,27,25 5. The state superintendent may not issue an order under subd. 1. or 2. unless he or she is otherwise required to do so by state law.

AB379-ASA2,28,2 (b) A private school that has been barred from accepting new pupils under par. (a) may not reopen as a charter school.

AB379-ASA2,43 Section 43. 119.23 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA2,28,7 119.23 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), or sub. (9m), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB379-ASA2,44 Section 44. 119.23 (10) (d) of the statutes is amended to read:

AB379-ASA2,28,11 119.23 (10) (d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section or fails to participate in the student information system as required under s. 115.383 (3).

AB379-ASA2,45 Section 45. 120.12 (26) of the statutes is created to read:

AB379-ASA2,28,15 120.12 (26) Staffing and financial data. Upon request, provide to the department any staffing or financial data that the department needs to comply with state or federal reporting requirements.

AB379-ASA2,46 Section 46. 121.006 (2) (d) of the statutes is amended to read:

AB379-ASA2,28,18 121.006 (2) (d) Comply with a directive issued by the state superintendent under s. 118.42 (3) (a) or (b).

AB379-ASA2,47 Section 47. 121.02 (1) (o) of the statutes is amended to read:

AB379-ASA2,28,22 121.02 (1) (o) Annually comply with the requirements of s. 115.38 (2). The school board may include additional information in the report under s. 115.38 (2) 115.39 (5).

AB379-ASA2,48 Section 48.0 Nonstatutory provisions.

AB379-ASA2,29,2 (1) Prospective performance. No data derived from a school year prior to the 2016-17 school year may be used by the department of public instruction to determine a school's performance under section 115.39 of the statutes, as created by this act.

AB379-ASA2,29,3 (2) Academic accountability council.

AB379-ASA2,29,6 (a) Members. Notwithstanding section 15.377 (5) (a) of the statutes, as created by this act, the initial members of the academic accountability council shall be appointed for terms expiring as follows:

AB379-ASA2,29,8 1. One member appointed under section 15.377 (5) (a) 1., 3., 5., and 6. of the statutes, as created by this act, for terms expiring on July 1, 2015.

AB379-ASA2,29,11 2. The members appointed under section 15.377 (5) (a) 2. and 4. of the statutes, as created by this act, and one member appointed under section 15.377 (5) (a) 1. and 3. of the statutes, as created by this act, for terms expiring on July 1, 2016.

AB379-ASA2,29,13 3. One member appointed under section 15.377 (5) (a) 1., 3., 5., and 6. of the statutes, as created by this act, for terms expiring on July 1, 2017.

AB379-ASA2,29,19 (b) Report to standing committees. By January 1, 2017, the academic accountability council shall submit to the appropriate standing committees of the legislature, in the manner provided in section 13.172 (3) of the statutes, a plan for including college and career readiness in the measures used for determining a school's and a school district's performance under section 115.39 (2) (a) of the statutes, as created by this act.

AB379-ASA2,49 Section 49. Initial applicability.

AB379-ASA2,29,22 (1) Charter school contracts. The treatment of section 118.40 (3) (b) of the statutes first applies to contracts entered into on the effective date of this subsection.

AB379-ASA2,50 Section 50. Effective dates. This act takes effect on the day after publication, except as follows:

AB379-ASA2,30,3 (1) Low-performing schools. The treatment of sections 118.42 (title), (2), (3) (b) and (c) 1. (intro.) and 2., and (4) and 121.006 (2) (d) of the statutes takes effect on July 1, 2019.

AB379-ASA2,30,4 (End)