Amendment ASA1-SB286

3. Gap closure in growth in pupil achievement in reading and mathematics and, when available, in graduation rates.

4. Rates of attendance or 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.

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, however, allows a private school participating in a PCP to submit to DPI achievement data from a test administered to all of the pupils attending the private school if the test is a nationally recognized, norm-referenced test that has been approved for this use by DPI. (See below.) If a private school does so, its report card must display a grade derived from data generated by all pupils attending the school, but this grade may not be used to determine whether a sanction should be imposed. In addition, the private school may direct DPI to display on the school's report card the percentile rank of the pupil scores on the test instead of a grade.

The substitute amendment provides that if DPI determines that there is insufficient data about a school to grade its performance, or that a grade would be inappropriate because the school serves exclusively children at risk, pupils with a disability, or pupils who have other special needs, DPI must issue a report card but must grade the school as "satisfactory" or "needs improvement."

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 on the following scale:

1. Significantly exceeds expectations.

2. Exceeds expectations.

3. Meets expectations.

4. Meets few expectations.

5. Fails to meet expectations.

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 inadequate.

The substitute amendment creates an Academic Accountability Council in DPI to make recommendations to DPI on:

1. 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.

2. How a school's and school district's grade should be affected whenever a pupil is excused from taking a statewide assessment.

3. Policies that address accommodations on statewide assessments for certain pupils attending a private school participating in a PCP that are similar to accommodations made for such pupils attending public schools.

4. Further clarifying the data that DPI may use for each measure used to determine a school's or school district's performance.

5. The methodology for calculating the performance of schools and school districts.

6. The weight to be given each measure used.

7. The qualifying score for each grade.

8. A list of nationally recognized, norm-referenced tests that a choice school may use as described above.

9. Modifying the sanctions imposed on schools for poor performance.

10. Accrediting agencies for DPI approval (see below for more information).

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 2018-19 school year, and substitutes the following:

Public schools

The substitute amendment provides that if DPI determines that a public school has received a grade of "fails to meet expectations" for any school year, the school board must seek (and maintain) accreditation for the school from an accrediting agency approved by DPI.

If DPI determines that a public school has received a grade of "fails to meet expectations" for three consecutive school years, or has received a grade of "fails to meet expectations" in three of five consecutive school years and a grade no higher than "meets few expectations" in the other two school years, the school board must permanently close the school or contract with a person to operate the school as a charter school.

If a school board determines to contract with a person to operate the school as a charter school, the operator of the charter school 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.

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.

All teachers who have been assigned to the school are dismissed and must reapply in order to be rehired. Any teacher who scores in the lowest 20 percent in the educator effectiveness program statewide (see below) may not be rehired. The substitute amendment specifies that the new principal of the school, not the school board or school district administrator, must select the teachers employed for the school if the charter school is an instrumentality of the school district. 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 person 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. In addition, a newly constructed school may not be sanctioned based on the grades received during its first two school years of operation.

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 "fails to meet expectations" for any school year, the charter school operator must seek (and maintain) accreditation for the school from an accrediting agency approved by DPI.

If DPI determines that a charter school has received a grade of "fails to meet expectations" for three consecutive school years, or has received a grade of "fails to meet expectations" in three of five consecutive school years and a grade no higher than "meets few expectations" 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 two 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 "fails to meet expectations" for three consecutive school years, or has received a grade of "fails to meet expectations" in three of five consecutive school years and a grade no higher than "meets few expectations" 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. In addition, a choice school may not be sanctioned based on grades received during the school's first two years of participating in a PCP.

Applicability of sanctions

The substitute amendment provides that none of the sanctions described above for failing public schools, charter schools, and choice schools apply unless another state law requires that they be imposed.

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.

Transfer of pupil records

Currently, school districts and private schools participating in a PCP are subject to various requirements relating to the transfer of a pupil's records when the pupil transfers to another school. This substitute amendment subjects all charter schools to the same requirements.

Educator effectiveness

Current law directs DPI to develop an educator effectiveness evaluation system for the evaluation of teachers and principals of public schools, including independent charter schools. The system must be designed to place a teacher or principal in one of multiple performance categories.

This substitute amendment directs the Academic Accountability Council to make recommendations to DPI on modifications to the educator effectiveness program.

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

SB286-ASA1,1 Section 1. 15.377 (5) of the statutes is created to read:

SB286-ASA1,8,5 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:

SB286-ASA1,8,6 1. Three persons appointed by the majority leader of the senate.

SB286-ASA1,8,7 2. One person appointed by the minority leader of the senate.

SB286-ASA1,8,8 3. Three persons appointed by the speaker of the assembly.

SB286-ASA1,8,9 4. One person appointed by the minority leader of the assembly.

SB286-ASA1,8,10 5. Two persons appointed by the state superintendent of public instruction.

SB286-ASA1,8,11 6. Two persons appointed by the governor.

SB286-ASA1,8,13 (b) The members appointed under par. (a) 1. to 6. shall have experience in an academic field. They may not be legislators.

SB286-ASA1,8,16 (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.