Amendment ASA2-SB286

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO SENATE BILL 286

March 18, 2014 - Offered by Representatives Pope, Clark, Wright and Hesselbein.

SB286-ASA2,1,13 An Act to repeal 115.38, 118.42 (2) and 118.42 (3) (b); to renumber 115.28 (12) (title); to renumber and amend 115.28 (12) (a), 115.28 (12) (ag) (intro.), 115.28 (12) (ag) 1. and 2. and 115.28 (12) (b); to amend 20.255 (1) (e), 20.255 (1) (he), 115.001 (1), 118.125 (4), 118.40 (2r) (b) 1. (intro.), 118.40 (2r) (b) 2., 118.40 (2r) (b) 2m., 118.40 (2r) (b) 4., 118.40 (2r) (bm), 118.40 (2r) (cm), 118.40 (2r) (d) (intro.), 118.40 (3) (e), 118.40 (4) (c), 118.42 (title), 118.42 (3) (c) 1. (intro.), 118.42 (3) (c) 2., 118.42 (4), 118.60 (1) (ag) (intro.), 118.60 (10) (c), 118.60 (10) (d), 119.04 (1), 119.23 (1) (ag) (intro.), 119.23 (10) (c), 119.23 (10) (d), 121.006 (2) (d) and 121.02 (1) (o); and to create 20.255 (2) (am), 115.383 (4), 115.383 (5), 115.385 (3), 115.39, 118.40 (5m), 118.425, 118.60 (9m), 119.23 (9m) and 120.12 (26) of the statutes; relating to: the student information system, a school and school district accountability system, charter school contracts, and making an appropriation.

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

SB286-ASA2,1 Section 1. 20.255 (1) (e) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286-ASA2,2,5 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.

SB286-ASA2,2 Section 2. 20.255 (1) (he) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

SB286-ASA2,2,10 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).

SB286-ASA2,3 Section 3. 20.255 (2) (am) of the statutes is created to read:

SB286-ASA2,2,14 20.255 (2) (am) Corrective action plans. A sum sufficient equal to $10,000,000 annually to implement corrective action plans under ss. 118.40 (5m (d), 118.425 (4) (f), 118.60 (9m) (b), and 119.23 (9m) (b).

SB286-ASA2,4 Section 4. 115.001 (1) of the statutes is amended to read:

SB286-ASA2,2,19 115.001 (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).

SB286-ASA2,5 Section 5. 115.28 (12) (title) of the statutes is renumbered 115.383 (title).

SB286-ASA2,6 Section 6. 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:

SB286-ASA2,3,6 115.383 (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).

SB286-ASA2,3,12 (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.

SB286-ASA2,7 Section 7. 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:

SB286-ASA2,3,23 115.383 (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:

SB286-ASA2,8 Section 8. 115.28 (12) (ag) 1. and 2. of the statutes are renumbered 115.383 (2) (a) and (b) and amended to read:

SB286-ASA2,4,3 115.383 (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.

SB286-ASA2,4,5 (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.

SB286-ASA2,9 Section 9. 115.28 (12) (b) of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 115.383 (3) (a) and amended to read:

SB286-ASA2,4,12 115.383 (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.

SB286-ASA2,4,19 (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).

SB286-ASA2,4,23 (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).

SB286-ASA2,10 Section 10. 115.38 of the statutes, as affected by 2013 Wisconsin Act 20, is repealed.

SB286-ASA2,11 Section 11. 115.383 (4) of the statutes is created to read:

SB286-ASA2,5,5 115.383 (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).

SB286-ASA2,12 Section 12. 115.383 (5) of the statutes is created to read:

SB286-ASA2,5,12 115.383 (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.

SB286-ASA2,13 Section 13. 115.385 (3) of the statutes is created to read:

SB286-ASA2,5,14 115.385 (3) This section does not apply after September 30, 2017.

SB286-ASA2,14 Section 14. 115.39 of the statutes is created to read:

SB286-ASA2,5,18 115.39 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.

SB286-ASA2,5,21 (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:

SB286-ASA2,5,24 (a) Multiple measures to determine a school's and school district's performance, including all of the following categorized by English language proficiency, disability, income level, and race or ethnicity:

SB286-ASA2,5,25 1. Pupil achievement in reading and mathematics.

SB286-ASA2,6,1 2. Growth in pupil achievement in reading and mathematics.

SB286-ASA2,6,3 3. College and career readiness for high school pupils and being on track for college and career readiness for pupils in the elementary grades.

SB286-ASA2,6,5 4. Gap closure in growth in pupil achievement in reading and mathematics and in graduation rates.

SB286-ASA2,6,6 5. Pupil engagement in school.

SB286-ASA2,6,9 (b) Measures to ensure that all applicable data elements collected and calculations performed are done consistently and in a uniform manner for all schools and school districts.

SB286-ASA2,6,11 (c) A grading system to rate a school's and a school district's level of performance as one of the following:

SB286-ASA2,6,12 1. Significantly exceeds expectations.

SB286-ASA2,6,13 2. Exceeds expectations.

SB286-ASA2,6,14 3. Meets expectations.

SB286-ASA2,6,15 4. Meets few expectations.

SB286-ASA2,6,16 5. Fails to meet expectations.

SB286-ASA2,6,17 (3) The department shall do all of the following:

SB286-ASA2,6,23 (a) Except as provided in sub. (6), annually grade the performance of each school and school district under sub. (2) (c) and issue an accountability report for the school or school district that is clear and easily understandable. Except with regard to pupil achievement and high school graduation status, the department shall base the grade on data derived from at least 2 consecutive school years, and from at least 3 consecutive school years when feasible.

SB286-ASA2,7,2 (c) Collect and disseminate the best practices from schools, except that the department may not collect information for this purpose from a private school participating in a parental choice program under s. 118.60 or 119.23 without the private school's consent.

SB286-ASA2,7,7 (d) On the accountability report for a private school participating in a parental choice program under s. 118.60 or 119.23, identify the grade derived from data generated by pupils attending the private school under s. 118.60 or 119.23 as a choice pupil report. The report shall also specify the number and percentage of pupils attending the private school under s. 118.60 or 119.23.

SB286-ASA2,7,10 (e) Include a data component in a school or school district accountability report for a school year only if the component includes data from at least 20 pupils in that school year.

SB286-ASA2,7,13 (f) At least 30 days before issuing an accountability report for a school or school district under this section, provide the school or school district an opportunity to review a preliminary version of the report and correct errors.

SB286-ASA2,7,15 (4) The department may use only the following information for each measure specified in sub. (2) (a):

SB286-ASA2,7,17 (a) For measuring pupil achievement in reading and mathematics under sub. (2) (a) 1.:

SB286-ASA2,7,20 1. Scores on the reading and mathematics examinations administered under s. 118.30, including scores on the alternate reading and mathematics examinations administered to children with significant cognitive disabilities.

SB286-ASA2,7,21 2. The disability status of pupils taking the examinations under s. 118.30.

SB286-ASA2,7,22 3. The grade level of pupils taking the examinations under s. 118.30.

SB286-ASA2,7,23 4. The race or ethnicity of pupils taking the examinations under s. 118.30.

SB286-ASA2,7,25 5. The English proficiency status of pupils taking the examinations under s. 118.30.

SB286-ASA2,8,2 6. The eligibility for a free or reduced-price lunch under 42 USC 1758 (b) of pupils taking the examinations under s. 118.30.

SB286-ASA2,8,4 7. The enrollment status and history of pupils attending the school or school district.

SB286-ASA2,8,6 (b) For measuring growth in pupil achievement in reading and mathematics under sub. (2) (a) 2., the information under par. (a).

SB286-ASA2,8,12 (c) For measuring gap closure in growth in pupil achievement in reading and mathematics and in graduation rates under sub. (2) (a) 4., the information under par. (a) and the information under par. (d) 2. and 6. 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.

SB286-ASA2,8,18 (d) For measuring college and career readiness under sub. (2) (a) 3. and pupil engagement in school under sub. (2) (a) 5., the information under par. (a); the assessment records of pupils who are eligible to take the examinations administered under s. 118.30; scores on the examinations administered to pupils under s. 118.30; pupil performance on postsecondary entrance or placement examinations; and pupil-level data about all of the following:

SB286-ASA2,8,19 1. Pupils who are dropouts, as defined in s. 118.153 (1) (b).

SB286-ASA2,8,22 2. Pupils who graduate from high school with a regular diploma within 4 school years and pupils who graduate from high school with a regular diploma within 5 or 6 school years.

SB286-ASA2,8,24 3. Pupils and high school graduates enrolled in postsecondary educational programs.

SB286-ASA2,9,2 4. Pupils participating in courses in which they can earn postsecondary credit and their pass rates and performance in those courses.

SB286-ASA2,9,3 5. High school graduates entering the workforce.

SB286-ASA2,9,8 6. Pupils who are suspended or expelled; the reasons for the suspension or expulsion; the length of time for which pupils are expelled; whether pupils return to school after being expelled; the educational programs and services provided to expelled pupils, except for pupils attending a private school under s. 118.60 or 119.23; and the schools attended by pupils who are suspended or expelled.

SB286-ASA2,9,10 7. Pupils participating in art and music classes and physical education classes offered by the school or school district.

SB286-ASA2,9,11 8. Pupils who attain industry-recognized certifications.

SB286-ASA2,9,12 9. Habitual truants, as defined in s. 118.16 (1) (a).

SB286-ASA2,9,13 10. Pupils participating in extracurricular activities.

SB286-ASA2,9,14 11. Pupils taking the military readiness examination.

SB286-ASA2,9,15 12. Pupils who concentrate in career and technical education.

SB286-ASA2,9,19 (4m) 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.

SB286-ASA2,9,21 (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.

SB286-ASA2,9,25 (6) 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.

SB286-ASA2,10,6 (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 annually in January submit its findings to the joint legislative audit committee under s. 13.172 (3).

SB286-ASA2,15 Section 15. 118.125 (4) of the statutes is amended to read:

SB286-ASA2,10,23 118.125 (4) Transfer of records. Within 5 working days, a school district, a charter school, 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.

SB286-ASA2,16 Section 16. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

SB286-ASA2,11,4 118.40 (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:

SB286-ASA2,17 Section 17. 118.40 (2r) (b) 2. of the statutes is amended to read: