2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 76
October 31, 2013 - Offered by Senators Darling and Olsen.
1An Act to repeal
118.40 (2) (b) 1. and 2.; to renumber and amend
118.40 (2) 2
(b) (intro.); to amend
115.415 (3) (a) (intro.), 118.40 (2m) (b) and 118.40 (6); and 3to create
115.385 (3) and 118.40 (3) (f) of the statutes; relating to: replicating
4charter schools, utilizing an alternative process for educator effectiveness,
5establishing a charter school district, and school district accountability.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
115.385 (3) of the statutes is created to read:
For purposes of measuring a school district's performance under 8
sub. (1), the department may not include data derived from a virtual charter school 9
that is considered to be located in the school district under s. 118.51 (18) if at least 10
50 percent of the pupils are attending the virtual charter school under s. 118.51.
115.415 (3) (a) (intro.) of the statutes is amended to read:
(a) (intro.) The department shall promulgate by rule an equivalency 2
process aligned with the evaluation system established under sub. (2) for a school 3
district, a charter school under contract with a school board that is not an
4instrumentality of the school district,
or a charter school established under s. 118.40 5
(2r) seeking to utilize an alternative process for the evaluation of teacher and 6
principal practice. The process under this subsection shall be based on the criteria 7
established in the 2011 Interstate Teacher Assessment and Support Consortium and 8
the 2008 Interstate School Leaders Licensure Consortium Educational Leadership 9
Policy Standards, and a school district, a charter school under contract with a school
10board that is not an instrumentality of the school district,
or charter school 11
established under s. 118.40 (2r) that uses the process under this subsection shall 12
evaluate the performance of teachers in the following domains:
118.40 (2) (b) (intro.) of the statutes is renumbered 118.40 (2) (b) and 14
amended to read:
(b) A school board may grant a petition that would result in the 16
conversion of all of the public schools in the school district to charter schools if all of
17the following apply:.
118.40 (2) (b) 1. and 2. of the statutes are repealed.
118.40 (2m) (b) of the statutes is amended to read:
(b) A school board may not
enter into a contract under par. (a) that 21
would result in the conversion of all of the public schools in the school district to 22
charter schools unless the school board complies with sub. (2) (b) 2
118.40 (3) (f) of the statutes is created to read:
(f) 1. In this paragraph, a person has a proven track record of success 25
if, during each of the 2 immediately preceding school years, a person operated a
charter school in which the total percentage of pupils attending the charter school 2
who received a score of advanced or proficient on the state assessments for math and 3
reading under ss. 118.30 and 121.02 (1) (r), or on an alternate assessment for math 4
or reading under an individualized education program, in all tested grades is at least 5
10 percentage points greater than the total percentage of pupils attending public 6
schools operated by the school board that governs the school district in which the 7
charter school is located who received the same scores on the same assessments in 8
the same grades.
2. Subject to subd. 4., an entity under sub. (2r) (b) 1. a., b., or d. that has 10
contracted with a person to operate a charter school shall, upon receiving a letter of 11
intent under subd. 3. from the person, amend the existing contract or enter into a new 12
contract with the person to authorize the person to operate one or more additional 13
charter schools if the person has a proven track record of success for each charter 14
school the person operates in this state.
3. To operate an additional charter school under subd. 2., a person must submit 16
to the entity under sub. (2r) (b) 1. a., b., or d. a letter of intent that includes all of the 17
a. The date on which instruction will begin at each additional charter school.
b. The general location of each additional charter school.
c. A description of any potential facility that may be used by each additional 21
charter school, including the approximate number of pupils that each facility may 22
d. Evidence demonstrating that the person has a proven track record of success 24
for each charter school the person operates in this state.
4. An entity under sub. (2r) (b) 1. a., b., or d. shall authorize a person to operate 2
no more than 2 additional charter schools per school year under this paragraph, 3
unless the parties agree to more than 2.
5. An additional charter school authorized under this paragraph is not a 5
satellite or subsidiary campus of the charter school for which the operator 6
demonstrated a proven track record of success under subd. 2. and is considered an 7
individual school for funding purposes.
118.40 (6) of the statutes is amended to read:
118.40 (6) Program voluntary.
No pupil may be required to attend a charter 10
school without his or her approval, if the pupil is an adult, or the approval of his or 11
her parents or legal guardian, if the pupil is a minor, unless the pupil resides in a
12school district in which all of the public schools have been converted to charter
13schools under sub. (2) (b) or (2m) (b)
(1) Charter schools contracts.
The creation of section 118.40 (3) (f) of the 16
statutes first applies to a contract for the establishment of a charter school that is 17
entered into, modified, or renewed on the effective date of this subsection.