AB40: Bill Text

AB40,822,7 118.40 (2r) (bm) 1. A nonprofit, nonsectarian organization or a consortium of such organizations that wishes to contract with a charter school governing board to operate a charter school shall submit an application to the charter school oversight board. The application shall include all of the following and any other information requested by the board:

AB40,822,10 a. A strategic plan for contracting with charter school governing boards that submit high-quality proposals for charter schools that meet identified educational needs and promote a diversity of educational choices.

AB40,822,15 b. A performance framework for use in supervising and evaluating charter schools that addresses pupil academic proficiency, growth in pupil academic achievement, gaps in achievement between groups of pupils, pupil attendance, the readiness of pupils for postsecondary education, the financial proficiency and sustainability of charter schools, and charter school management.

AB40,822,18 c. An assurance that the organization or consortium will ensure accountability and transparency on the part of those charter school governing boards with which it contracts.

AB40,822,21 d. A plan, including corrective action strategies, designed to improve a charter school under contract with the organization or consortium, or to close such a charter school, based on contractual performance standards.

AB40,822,23 e. A description of the types of charter schools the organization or consortium is seeking to establish, and their potential attendance areas.

AB40,823,3 f. Information on the organization's or consortium's finances and other resources necessary for the charter school oversight board to determine the applicant's ability to perform its functions under this section.

AB40,823,5 g. A plan for entering into additional contracts in order to replicate successful charter schools.

AB40,823,7 2. The charter school oversight board shall approve or deny an application within 90 days of receiving the application.

AB40,1780 Section 1780. 118.40 (2r) (c) of the statutes is repealed and recreated to read:

AB40,823,10 118.40 (2r) (c) 1. An entity under par. (b) 1. may contract for the operation of a charter school located anywhere in this state.

AB40,823,16 4. a. A school board may prohibit a pupil who resides in the school district from attending a charter school established under this subsection unless the school district's membership, as defined in s. 121.004 (5), is at least 4,000 and at least 2 public schools in the school district were rated "fails to meet expectations" or "meets few expectations" in the most recent school report published by the department under s. 115.385.

AB40,823,22 b. A pupil who wishes to attend a charter school established under this subsection and who resides in a school district in which the school board may prohibit pupils from attending a charter school established under this subsection shall submit an application to the school board. Within 30 days of receiving the application, the school board shall issue a decision allowing or prohibiting the pupil from attending the charter school.

AB40,1781 Section 1781. 118.40 (2r) (cm) of the statutes is repealed.

AB40,1782 Section 1782. 118.40 (2r) (e) 1m. of the statutes is repealed.

AB40,1783 Section 1783. 118.40 (2r) (e) 2m. of the statutes is amended to read:

AB40,824,6 118.40 (2r) (e) 2m. In the 2013-14 school year and in each school year thereafter, from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year and the per pupil revenue limit adjustment under s. 121.91 (2m) in the current school year, $7,852 multiplied by the number of pupils attending the charter school.

AB40,1784 Section 1784. 118.40 (2r) (e) 2n. of the statutes is created to read:

AB40,824,11 118.40 (2r) (e) 2n. In the 2014-15 school year and in each school year thereafter, from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to $7,931 multiplied by the number of pupils attending the charter school.

AB40,1785 Section 1785. 118.40 (2r) (e) 3m. of the statutes is amended to read:

AB40,824,17 118.40 (2r) (e) 3m. The amount paid per pupil under this paragraph may not be less than the amount paid per pupil under this paragraph in the previous school year. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school.

AB40,1786 Section 1786. 118.40 (2r) (e) 4. of the statutes is repealed.

AB40,1787 Section 1787. 118.40 (2r) (f) of the statutes is created to read:

AB40,824,23 118.40 (2r) (f) A charter school established under this subsection is a local educational agency under 20 USC 6301 to 6578 and as such is eligible for funding as a local educational agency, and shall comply with all requirements of local educational agencies, under 20 USC 6301 to 6578.

AB40,1788 Section 1788. 118.40 (2r) (g) of the statutes is created to read:

AB40,825,9 118.40 (2r) (g) If a charter school established by contract with an entity under par. (b) 1. a. to d. is in operation on the effective date of this paragraph .... [LRB inserts date], and the charter school receives a rating of "exceeds expectations" or "significantly exceeds expectations" in the most recent school report published by the department under s. 115.385, the person operating the charter school may open one or more additional charter schools notwithstanding the terms of the existing contract. All provisions of the existing contract, other than any provision that conflicts with this paragraph, apply to the new school or schools unless parties agree to amend the existing contract or enter into a new contract.

AB40,1789 Section 1789. 118.40 (3) (a) of the statutes is amended to read:

AB40,825,15 118.40 (3) (a) If the school board grants the petition under sub. (2), the school board shall contract with the person named in the petition under sub. (1m) (b) 1. to operate the school as a charter school under this section. The contract shall include all of the provisions specified in the petition and may include other provisions agreed to by the parties, except as otherwise provided in this section.

AB40,1790 Section 1790. 118.40 (3) (b) of the statutes is amended to read:

AB40,825,21 118.40 (3) (b) A contract under par. (a) or under subs. (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. The contract shall specify the amount to be paid to the charter school during each school year of the contract, except as provided in par. (i) 1.

AB40,1791 Section 1791. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (a) 3. and amended to read:

AB40,826,3 118.40 (3m) (a) 3. A school board or an entity under sub. (2r) (b) shall give Give preference in awarding contracts for the operation of charter schools to those charter schools that serve children at risk, as defined in s. 118.153 (1) (a).

AB40,1792 Section 1792. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (a) 2. and amended to read:

AB40,826,9 118.40 (3m) (a) 2. 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 adhere to the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

AB40,1793 Section 1793. 118.40 (3) (f) of the statutes is created to read:

AB40,826,14 118.40 (3) (f) A contract with a school board or an entity under sub. (2r) (b) may provide for the establishment of more than one charter school, and a charter school governing board may enter into more than one contract with a school board or entity under sub. (2r) (b).

AB40,1794 Section 1794. 118.40 (3) (g) of the statutes is created to read:

AB40,826,19 118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a contract with a school board or an entity under sub. (2r) (b) shall require that if the capacity of the charter school is insufficient to accept all pupils who apply, the charter school shall accept pupils at random.

AB40,826,22 2. A charter school shall give preference in enrollment to pupils who were enrolled in the charter school in the previous school year and to siblings of pupils who are enrolled in the charter school.

AB40,827,2 3. A charter school may give preference in enrollment to the children of the charter school's founders, governing board members, and full-time employees, but the total number of such children given preference may constitute no more than 10 percent of the charter school's total enrollment.

AB40,1795 Section 1795. 118.40 (3) (i) of the statutes is created to read:

AB40,827,6 118.40 (3) (i) A contract under par. (a) or sub. (2m) in which the charter school is an instrumentality of the school district, as provided in sub. (7), shall do all of the following:

AB40,827,9 1. Specify the amount the school board will pay to the operator of the charter school for each resident pupil attending the charter school. The amount shall be commensurate with the average per pupil cost for the school district.

AB40,827,14 2. Grant the operator of the charter school sole discretion over the charter school's budget, curriculum, and professional development, and notwithstanding sub. (7) (a) and (am), over the hiring of personnel and personnel policies for the charter school, except where a decision in any of these areas affects the health or safety of pupils or staff, as determined by the school board.

AB40,827,16 3. Not impose on the operator of the charter school any requirement in chs. 115 to 121 that does not explicitly apply to charter schools.

AB40,1796 Section 1796. 118.40 (3m) (title) and (a) (intro.) of the statutes are created to read:

AB40,827,20 118.40 (3m) (title) Authorizing entity duties. (a) (intro.) A school board or entity under sub. (2r) (b) shall do all of the following:

AB40,1797 Section 1797. 118.40 (3m) (a) 1. and 4. to 6. of the statutes are created to read:

AB40,827,22 118.40 (3m) (a) 1. Solicit and evaluate charter school applications.

AB40,827,24 4. Approve only high-quality charter school applications that meet identified educational needs and promote a diversity of educational choices.

AB40,828,3 5. In accordance with the terms of each charter school contract, monitor the performance and compliance with this section of each charter school with which it contracts.

AB40,828,5 6. Annually, submit to the state superintendent and to the legislature under s. 13.172 (2) a report that includes all of the following:

AB40,828,9 a. An identification of each charter school operating under contract with it, each charter school that operated under a contract with it but had its contract nonrenewed or revoked or that closed, and each charter school under contract with it that has not yet begun to operate.

AB40,828,11 b. The academic and financial performance of each charter school operated under contract with it.

AB40,828,14 c. The operating costs of the school board or entity under sub. (2r) (b) incurred under subds. 1. to 5., detailed in an audited financial statement prepared in accordance with generally accepted accounting principles.

AB40,828,17 d. The services the school board or entity under sub. (2r) (b) has provided to the charter schools under contract with it and an itemized accounting of the cost of the services.

AB40,1798 Section 1798. 118.40 (3m) (b) of the statutes is created to read:

AB40,828,21 118.40 (3m) (b) An organization or consortium approved by the charter school oversight board under sub. (2r) (bm) annually shall submit a report to the charter school oversight board that includes all the information specified in par. (a) 6.

AB40,1799 Section 1799. 118.40 (4) (title) of the statutes is amended to read:

AB40,828,24 118.40 (4) (title) Charter school governing board; duties, powers, and restrictions.

AB40,1800 Section 1800. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and 118.40 (4) (ar) (intro.), as renumbered, is amended to read:

AB40,829,4 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of the following:

AB40,1801 Section 1801. 118.40 (4) (ag) of the statutes is created to read:

AB40,829,10 118.40 (4) (ag) Governing board. Each charter school shall be governed by a governing board that is a party to the contract with the authorizing entity. No more than a minority of the governing board's members may be employees of the charter school or employees or officers of the school district in which the charter school is located.

AB40,1802 Section 1802. 118.40 (4) (b) (intro.) of the statutes is amended to read:

AB40,829,13 118.40 (4) (b) Restrictions. (intro.) A charter school governing board may not do any of the following:

AB40,1803 Section 1803. 118.40 (4) (b) 2. of the statutes is amended to read:

AB40,829,18 118.40 (4) (b) 2. Except as provided in par. (c) sub. (3) (h), discriminate in admission or deny participation in any program or activity on the basis of a person's sex, race, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.

AB40,1804 Section 1804. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and amended to read:

AB40,830,2 118.40 (3) (h) Single-sex schools and courses. A school board may enter into a contract for, and an entity under sub. (2r) may establish or enter into a contract for, the establishment of establish 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) 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.

AB40,1805 Section 1805. 118.40 (4) (d) of the statutes is created to read:

AB40,830,6 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school governing board has all the powers necessary to carry out the terms of its contract, including the following:

AB40,830,7 1. To receive and disburse funds for school purposes.

AB40,830,8 2. To secure appropriate insurance.

AB40,830,12 3. To enter into contracts, including contracts with a University of Wisconsin institution or college campus, technical college district board, or private college or university, for technical or financial assistance, academic support, curriculum review, or other services.

AB40,830,13 4. To incur debt in reasonable anticipation of the receipt of funds.

AB40,830,15 5. To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

AB40,830,16 6. To solicit and accept gifts or grants for school purposes.

AB40,830,17 7. To acquire real property for its use.

AB40,830,18 8. To sue and be sued in its own name.

AB40,1806 Section 1806. 118.40 (6) of the statutes is amended to read:

AB40,830,24 118.40 (6) Program voluntary. No Unless all of the public schools in a school district have been converted to charter schools under sub. (2) (b) or (2m) (b), no pupil may be required to attend a charter school without his or her approval, if the pupil is an adult, or the approval of his or her parents parent or legal guardian, if the pupil is a minor.

AB40,1807 Section 1807. 118.40 (7) (ar) of the statutes is amended to read:

AB40,831,3 118.40 (7) (ar) Nothing in this subsection section affects the rights of personnel of a charter school that is an instrumentality of a school district to engage in collective bargaining pursuant to subch. IV of ch. 111.

AB40,1808 Section 1808. 118.40 (8) (b) 3. of the statutes is created to read:

AB40,831,7 118.40 (8) (b) 3. The department may not require a person licensed as provided under subd. 1. to complete professional development not required of any other individual required to be licensed under s. 118.19.

AB40,1809 Section 1809. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ag).

AB40,1810 Section 1810. 118.51 (1) (ad) of the statutes is created to read:

AB40,831,11 118.51 (1) (ad) "Charter school" excludes a school under contract with an entity under s. 118.40 (2r) (b).