Amendment ASA1-SB286

SB286-ASA1,20,23 118.40 (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.

SB286-ASA1,21 Section 21. 118.40 (2r) (b) 2m. of the statutes is amended to read:

SB286-ASA1,21,2 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling a pupil from the charter school.

SB286-ASA1,21,5 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.

SB286-ASA1,22 Section 22. 118.40 (2r) (b) 4. of the statutes is amended to read:

SB286-ASA1,21,8 118.40 (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.

SB286-ASA1,23 Section 23. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286-ASA1,21,20 118.40 (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.

SB286-ASA1,24 Section 24. 118.40 (2r) (cm) of the statutes is amended to read:

SB286-ASA1,21,25 118.40 (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.

SB286-ASA1,25 Section 25. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

SB286-ASA1,22,3 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

SB286-ASA1,26 Section 26. 118.40 (3) (b) of the statutes is amended to read:

SB286-ASA1,22,9 118.40 (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.

SB286-ASA1,27 Section 27. 118.40 (3) (e) of the statutes is amended to read:

SB286-ASA1,22,14 118.40 (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.

SB286-ASA1,28 Section 28. 118.40 (4) (a) 3. of the statutes is created to read:

SB286-ASA1,22,19 118.40 (4) (a) 3. 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 any school year, seek and maintain accreditation for the school from an accrediting agency approved by the department.

SB286-ASA1,29 Section 29. 118.40 (4) (c) of the statutes is amended to read:

SB286-ASA1,23,2 118.40 (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.

SB286-ASA1,30 Section 30. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).

SB286-ASA1,31 Section 31. 118.40 (5) (b) of the statutes is created to read:

SB286-ASA1,23,8 118.40 (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.

SB286-ASA1,23,14 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.

SB286-ASA1,23,17 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.

SB286-ASA1,23,22 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.

SB286-ASA1,23,24 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.

SB286-ASA1,24,3 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.

SB286-ASA1,24,6 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.

SB286-ASA1,32 Section 32. 118.42 (title) of the statutes is amended to read:

SB286-ASA1,24,9 118.42 (title) Low-performing school districts and schools; state superintendent interventions.

SB286-ASA1,33 Section 33. 118.42 (2) of the statutes is repealed.

SB286-ASA1,34 Section 34. 118.42 (3) (b) of the statutes is repealed.

SB286-ASA1,35 Section 35. 118.42 (3) (c) 1. (intro.) of the statutes is amended to read:

SB286-ASA1,24,14 118.42 (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:

SB286-ASA1,36 Section 36. 118.42 (3) (c) 2. of the statutes is amended to read:

SB286-ASA1,24,18 118.42 (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.

SB286-ASA1,37 Section 37. 118.42 (4) of the statutes is amended to read:

SB286-ASA1,24,23 118.42 (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.

SB286-ASA1,38 Section 38. 118.425 of the statutes is created to read:

SB286-ASA1,25,2 118.425 Low-performing public schools. (2) Applicability. This section applies beginning on July 1, 2019.

SB286-ASA1,25,6 (3) Accreditation. If the department determines under s. 115.39 (3) that a public school has received the grade under s. 115.39 (2) (c) 5. for any school year, the school board shall seek and maintain accreditation for the school from an accrediting agency approved by the department.

SB286-ASA1,25,13 (4) Sanctions. (a) Except as provided in par. (d), if the department determines under s. 115.39 (3) that a public 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.

SB286-ASA1,25,19 (b) 1. If the school board determines to contract with a person to operate the school as a charter school, it 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:

SB286-ASA1,25,20 a. Replace the school's principal.

SB286-ASA1,25,21 b. Implement a rigorous staff evaluation and development system.

SB286-ASA1,25,23 c. Reward staff who increase pupil academic achievement or high school graduation rates.

SB286-ASA1,25,24 d. Institute comprehensive instructional reform.

SB286-ASA1,25,25 e. Increase the time provided for pupil instruction.

SB286-ASA1,26,1 f. Apply community-oriented school strategies.

SB286-ASA1,26,2 g. Provide greater operational flexibility and support for the school.

SB286-ASA1,26,6 2. A school board that contracts with a person to operate the school as a charter school under subd. 1. shall dismiss the teachers who had been assigned to the school. Any teacher who scores in the lowest 20 percent in the educator effectiveness program under s. 115.415 among all teachers statewide may not be rehired.

SB286-ASA1,26,10 3. Notwithstanding ss. 118.24 (2) (a) and (c), 119.16 (1m), 119.18 (1g) and (10), 119.32 (2) (b), 120.12 (1), and 120.44 (2), if the charter school is an instrumentality of the school district, the new principal of the charter school shall determine the teachers employed for the school under this paragraph, subject to subd. 2.

SB286-ASA1,26,14 (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).

SB286-ASA1,26,18 (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.

SB286-ASA1,26,20 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.

SB286-ASA1,26,23 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.

SB286-ASA1,27,2 (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.

SB286-ASA1,39 Section 39. 118.60 (9m) of the statutes is created to read:

SB286-ASA1,27,9 118.60 (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.

SB286-ASA1,27,16 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.

SB286-ASA1,27,20 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.

SB286-ASA1,27,25 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.

SB286-ASA1,28,2 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.

SB286-ASA1,28,4 (b) A private school that has been barred from accepting new pupils under par. (a) may not reopen as a charter school.

SB286-ASA1,40 Section 40. 118.60 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286-ASA1,28,9 118.60 (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.

SB286-ASA1,41 Section 41. 118.60 (10) (d) of the statutes is amended to read:

SB286-ASA1,28,13 118.60 (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 if required under s. 115.383 (3).

SB286-ASA1,42 Section 42. 119.04 (1) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286-ASA1,28,25 119.04 (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.

SB286-ASA1,43 Section 43. 119.23 (9m) of the statutes is created to read:

SB286-ASA1,29,7 119.23 (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.

SB286-ASA1,29,14 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.

SB286-ASA1,29,18 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.

SB286-ASA1,29,23 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.

SB286-ASA1,29,25 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.

SB286-ASA1,30,2 (b) A private school that has been barred from accepting new pupils under par. (a) may not reopen as a charter school.

SB286-ASA1,44 Section 44. 119.23 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286-ASA1,30,7 119.23 (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.

SB286-ASA1,45 Section 45. 119.23 (10) (d) of the statutes is amended to read:

SB286-ASA1,30,11 119.23 (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 if required under s. 115.383 (3).

SB286-ASA1,46 Section 46. 120.12 (26) of the statutes is created to read:

SB286-ASA1,30,15 120.12 (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.

SB286-ASA1,47 Section 47. 121.006 (2) (d) of the statutes is amended to read:

SB286-ASA1,30,18 121.006 (2) (d) Comply with a directive issued by the state superintendent under s. 118.42 (3) (a) or (b).

SB286-ASA1,48 Section 48. 121.02 (1) (o) of the statutes is repealed.

SB286-ASA1,49 Section 49.0 Nonstatutory provisions.

SB286-ASA1,30,21 (1) Academic accountability council.