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2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 76
October 1, 2013 - Offered by Senators Darling and Olsen.
SB76-SSA1,1,11 1An Act to repeal 118.40 (2) (b) 1., 118.40 (2r) (b) 1. c., 118.40 (2r) (b) 3., 118.40
2(2r) (c) 1., 118.40 (2r) (c) 3. and 118.40 (2r) (cm); to renumber and amend
3118.40 (2r) (bm) and 118.40 (2r) (c) 4.; to consolidate, renumber and amend
4118.40 (2) (b) (intro.) and 2.; to amend 20.923 (6) (m), 111.81 (7) (f), 111.815 (1),
5111.825 (2) (f), 111.92 (1) (c), 115.415 (3) (a) (intro.), 118.40 (2) (a), 118.40 (2m)
6(am), 118.40 (2m) (b), 118.40 (2r) (b) 1. b., 118.40 (2r) (b) 1. d., 118.40 (2r) (b) 2.,
7118.40 (7) (am) 2., 230.08 (2) (dm) and 230.35 (1s); to repeal and recreate
820.923 (6) (m) and 111.815 (1); and to create 118.40 (2r) (b) 1. bn., 118.40 (2r)
9(b) 1. cm., 118.40 (2r) (bm) 3., 118.40 (2r) (bm) 5. and 118.40 (3) (f) of the statutes;
10relating to: authorizing independent charter schools, replicating charter
11schools, and utilizing an alternative process for educator effectiveness.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB76-SSA1,1
1Section 1. 20.923 (6) (m) of the statutes is amended to read:
SB76-SSA1,2,72 20.923 (6) (m) University of Wisconsin System: deans, principals, professors,
3instructors, research assistants, librarians and other teachers, as defined in s. 40.02
4(55), the staff of the environmental education board, and instructional staff
5employed by the board of regents of the University of Wisconsin System who provide
6services for a charter school established by contract under s. 118.40 (2r) (cm), 2011
7stats
.
SB76-SSA1,2 8Section 2. 20.923 (6) (m) of the statutes, as affected by 2011 Wisconsin Act 32
9and 2013 Wisconsin Act .... (this act), is repealed and recreated to read:
SB76-SSA1,2,1210 20.923 (6) (m) University of Wisconsin System: all positions, including the
11chancellor of the University of Wisconsin-Madison, but not including any other
12position assigned to the University of Wisconsin-Madison.
SB76-SSA1,3 13Section 3. 111.81 (7) (f) of the statutes is amended to read:
SB76-SSA1,2,1614 111.81 (7) (f) Instructional staff employed by the board of regents of the
15University of Wisconsin System who provide services for a charter school established
16by contract under s. 118.40 (2r) (cm), 2011 stats.
SB76-SSA1,4 17Section 4. 111.815 (1) of the statutes is amended to read:
SB76-SSA1,3,718 111.815 (1) In the furtherance of this subchapter, the state shall be considered
19as a single employer and employment relations policies and practices throughout the
20state service shall be as consistent as practicable. The office shall negotiate and
21administer collective bargaining agreements. To coordinate the employer position
22in the negotiation of agreements, the office shall maintain close liaison with the
23legislature relative to the negotiation of agreements and the fiscal ramifications of
24those agreements. Except with respect to the collective bargaining unit specified in
25s. 111.825 (2) (f), the office is responsible for the employer functions of the executive

1branch under this subchapter, and shall coordinate its collective bargaining
2activities with operating state agencies on matters of agency concern. The legislative
3branch shall act upon those portions of tentative agreements negotiated by the office
4that require legislative action. With respect to the collective bargaining unit
5specified in s. 111.825 (2) (f), the governing board of the charter school established
6by contract under s. 118.40 (2r) (cm), 2011 stats., is responsible for the employer
7functions under this subchapter.
SB76-SSA1,5 8Section 5. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Act 32 and
92013 Wisconsin Act .... (this act), is repealed and recreated to read:
SB76-SSA1,4,410 111.815 (1) In the furtherance of this subchapter, the state shall be considered
11as a single employer and employment relations policies and practices throughout the
12state service shall be as consistent as practicable. The office shall negotiate and
13administer collective bargaining agreements. To coordinate the employer position
14in the negotiation of agreements, the office shall maintain close liaison with the
15legislature relative to the negotiation of agreements and the fiscal ramifications of
16those agreements. Except with respect to the collective bargaining unit specified in
17s. 111.825 (1r) and (1t), the office is responsible for the employer functions of the
18executive branch under this subchapter, and shall coordinate its collective
19bargaining activities with operating state agencies on matters of agency concern.
20The legislative branch shall act upon those portions of tentative agreements
21negotiated by the office that require legislative action. With respect to the collective
22bargaining units specified in s. 111.825 (1r), the Board of Regents of the University
23of Wisconsin System is responsible for the employer functions under this subchapter.
24With respect to the collective bargaining units specified in s. 111.825 (1t), the
25chancellor of the University of Wisconsin-Madison is responsible for the employer

1functions under this subchapter. With respect to the collective bargaining unit
2specified in s. 111.825 (1r) (ef), the governing board of the charter school established
3by contract under s. 118.40 (2r) (cm), 2011 stats., is responsible for the employer
4functions under this subchapter.
SB76-SSA1,6 5Section 6. 111.825 (2) (f) of the statutes is amended to read:
SB76-SSA1,4,86 111.825 (2) (f) Instructional staff employed by the board of regents of the
7University of Wisconsin System who provide services for a charter school established
8by contract under s. 118.40 (2r) (cm), 2011 stats.
SB76-SSA1,7 9Section 7. 111.92 (1) (c) of the statutes is amended to read:
SB76-SSA1,4,1510 111.92 (1) (c) Any tentative agreement reached between the governing board
11of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.,
12acting for the state, and any labor organization representing a collective bargaining
13unit specified in s. 111.825 (1r) (ef) shall, after official ratification by the labor
14organization and approval by the chancellor of the University of
15Wisconsin-Parkside, be executed by the parties.
SB76-SSA1,8 16Section 8. 115.415 (3) (a) (intro.) of the statutes is amended to read:
SB76-SSA1,5,317 115.415 (3) (a) (intro.) The department shall promulgate by rule an equivalency
18process aligned with the evaluation system established under sub. (2) for a school
19district, a charter school under contract with a school board that is not an
20instrumentality of the school district,
or a charter school established under s. 118.40
21(2r) seeking to utilize an alternative process for the evaluation of teacher and
22principal practice. The process under this subsection shall be based on the criteria
23established in the 2011 Interstate Teacher Assessment and Support Consortium and
24the 2008 Interstate School Leaders Licensure Consortium Educational Leadership
25Policy Standards, and a school district, a charter school under contract with a school

1board that is not an instrumentality of the school district,
or charter school
2established under s. 118.40 (2r) that uses the process under this subsection shall
3evaluate the performance of teachers in the following domains:
SB76-SSA1,9 4Section 9. 118.40 (2) (a) of the statutes is amended to read:
SB76-SSA1,5,105 118.40 (2) (a) Within 30 days after receiving a petition under sub. (1m) the
6school board shall hold a public hearing on the petition. At the hearing, the school
7board shall consider the level of employee and parental support for the establishment
8of the charter school described in the petition and the fiscal impact of the
9establishment of the charter school on the school district
. After the hearing, the
10school board may grant the petition.
SB76-SSA1,10 11Section 10. 118.40 (2) (b) (intro.) and 2. of the statutes are consolidated,
12renumbered 118.40 (2) (b) and amended to read:
SB76-SSA1,5,1713 118.40 (2) (b) A school board may grant a petition that would result in the
14conversion of all of the public schools in the school district to charter schools if all of
15the following apply: 2. The
the school board provides alternative public school
16attendance arrangements for pupils who do not wish to attend or are not admitted
17to a charter school.
SB76-SSA1,11 18Section 11. 118.40 (2) (b) 1. of the statutes is repealed.
SB76-SSA1,12 19Section 12. 118.40 (2m) (am) of the statutes is amended to read:
SB76-SSA1,6,220 118.40 (2m) (am) At least 30 days before entering in a contract under this
21subsection that would convert a private school to a charter school or that would
22establish a charter school that is not an instrumentality of the school district, the
23school board shall hold a public hearing on the contract. At the hearing, the school
24board shall consider the level of employee and parental support for the establishment

1of the charter school and the fiscal impact of the establishment of the charter school
2on the school district
.
SB76-SSA1,13 3Section 13. 118.40 (2m) (b) of the statutes is amended to read:
SB76-SSA1,6,84 118.40 (2m) (b) A school board may not enter into a contract under par. (a) that
5would result in the conversion of all of the public schools in the school district to
6charter schools unless the school board complies with sub. (2) (b) 2 if the school board
7provides alternative public school attendance arrangements for pupils who do not
8wish to attend or are not admitted to a charter school
.
SB76-SSA1,14 9Section 14. 118.40 (2r) (b) 1. b. of the statutes is amended to read:
SB76-SSA1,6,1210 118.40 (2r) (b) 1. b. The chancellor of the an institution within the University
11of Wisconsin-Milwaukee Wisconsin System except for the chancellor of the
12University of Wisconsin Colleges
.
SB76-SSA1,15 13Section 15. 118.40 (2r) (b) 1. bn. of the statutes is created to read:
SB76-SSA1,6,1514 118.40 (2r) (b) 1. bn. The dean appointed under s. 36.09 (1) (e) of a college
15campus within the University of Wisconsin System.
SB76-SSA1,16 16Section 16. 118.40 (2r) (b) 1. c. of the statutes is repealed.
SB76-SSA1,17 17Section 17. 118.40 (2r) (b) 1. cm. of the statutes is created to read:
SB76-SSA1,6,1918 118.40 (2r) (b) 1. cm. The board of control of a cooperative educational service
19agency.
SB76-SSA1,18 20Section 18. 118.40 (2r) (b) 1. d. of the statutes is amended to read:
SB76-SSA1,6,2121 118.40 (2r) (b) 1. d. The Milwaukee area A technical college district board.
SB76-SSA1,19 22Section 19. 118.40 (2r) (b) 2. of the statutes is amended to read:
SB76-SSA1,7,623 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under
24sub. (1m) (b) 3. to 14. A contract shall include all of the provisions specified under
25sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter

1school on the liability of the contracting entity under this paragraph. The contract
2may include other provisions agreed to by the parties. The chancellor of the
3University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may
4not establish or enter into a contract for the establishment of a charter school under
5this paragraph without the approval of the board of regents of the University of
6Wisconsin System.
SB76-SSA1,20 7Section 20. 118.40 (2r) (b) 3. of the statutes is repealed.
SB76-SSA1,21 8Section 21. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act
920
, is renumbered 118.40 (2r) (bm) 1. and amended to read:
SB76-SSA1,7,1310 118.40 (2r) (bm) 1. The common council of the city of Milwaukee and the
11Milwaukee area technical college district board
may only establish or enter into a
12contract for the establishment of a charter school located only in the school district
13operating under ch. 119.
SB76-SSA1,7,18 142. The chancellor of an institution within the University of
15Wisconsin-Milwaukee Wisconsin System may only establish or enter into a contract
16for the establishment of a charter school located only in Milwaukee County the
17county in which the institution is located
or in an adjacent county. The chancellor
18of the University of Wisconsin-Parkside
SB76-SSA1,7,22 194. A technical college district board may only establish or enter into a contract
20for the establishment of a charter school located in a unified school district that is
21located in the county in which the University of Wisconsin-Parkside is situated
22technical college district or in an a county adjacent county to the district.
SB76-SSA1,22 23Section 22. 118.40 (2r) (bm) 3. of the statutes is created to read:
SB76-SSA1,8,224 118.40 (2r) (bm) 3. The dean of a college campus within the University of
25Wisconsin System may only establish or enter into a contract for the establishment

1of a charter school that is located in the county in which the college campus is located
2or in an adjacent county.
SB76-SSA1,23 3Section 23. 118.40 (2r) (bm) 5. of the statutes is created to read:
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