AB40: Bill Text

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).

AB40,1811 Section 1811. 118.52 (title) of the statutes is repealed and recreated to read:

AB40,831,13 118.52 (title) Course options.

AB40,1812 Section 1812. 118.52 (1) (a) of the statutes is renumbered 118.52 (1) (ar).

AB40,1813 Section 1813. 118.52 (1) (am) of the statutes is created to read:

AB40,831,19 118.52 (1) (am) "Educational institution" includes a public school in a nonresident school district, the University of Wisconsin System, a technical college, a nonprofit institution of higher education, a tribal college, a charter school, and any nonprofit organization that has been approved by the department.

AB40,1814 Section 1814. 118.52 (2) of the statutes is amended to read:

AB40,832,2 118.52 (2) Applicability. Beginning in the 1998-99 school year, a A pupil enrolled in a public school in the high school grades may attend public school in a nonresident school district an educational institution under this section for the purpose of taking a course offered by the nonresident school district educational institution. A pupil may attend no more than 2 courses at any time in nonresident school districts at educational institutions under this section.

AB40,1815 Section 1815. 118.52 (3) (a) of the statutes is amended to read:

AB40,832,13 118.52 (3) (a) The parent of a pupil who wishes to attend public school in a nonresident school district an educational institution for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the school board of the nonresident school district in which educational institution at which the pupil wishes to attend a course not later than 6 weeks prior to the date on which the course is scheduled to commence. The application shall specify the course that the pupil wishes to attend and may specify the school or schools at which the pupil wishes to attend the course. The nonresident school board educational institution shall send a copy of the application to the pupil's resident school board.

AB40,1816 Section 1816. 118.52 (3) (b) of the statutes is amended to read:

AB40,832,18 118.52 (3) (b) If a nonresident school board an educational institution receives more applications for a particular course than there are spaces available in the course, the nonresident school board educational institution shall determine which pupils to accept on a random basis.

AB40,1817 Section 1817. 118.52 (3) (c) of the statutes is amended to read:

AB40,833,2 118.52 (3) (c) No later than one week prior to the date on which the course is scheduled to commence, the nonresident school board educational institution shall notify the applicant and the resident school board, in writing, whether the application has been accepted and, if the application is accepted, the school at which the pupil may attend the course. The acceptance applies only for the following semester, school year or other session in which the course is offered. If the nonresident school board educational institution rejects an application, it shall include in the notice the reason for the rejection.

AB40,1818 Section 1818. 118.52 (3) (d) 1. of the statutes is amended to read:

AB40,833,7 118.52 (3) (d) 1. If it denies an application to attend public school in a nonresident school district an educational institution under sub. (6), notify the applicant and the nonresident school board educational institution, in writing, that the application has been denied and include in the notice the reason for the rejection.

AB40,1819 Section 1819. 118.52 (3) (e) of the statutes is amended to read:

AB40,833,13 118.52 (3) (e) Following receipt of a notice of acceptance but prior to the date on which the course is scheduled to commence, the pupil's parent shall notify the resident school board and nonresident school board the educational institution of the pupil's intent to attend the course in at the nonresident school district educational institution.

AB40,1820 Section 1820. 118.52 (6) (a) of the statutes is amended to read:

AB40,833,19 118.52 (6) (a) Individualized education program requirements. The school board of a pupil's resident school district shall reject a pupil's application to attend a course in a public school in a nonresident school district at an educational institution if the resident school board determines that the course conflicts with the individualized education program for the pupil under s. 115.787 (2).

AB40,1821 Section 1821. 118.52 (6) (b) of the statutes is repealed.

AB40,1822 Section 1822. 118.52 (6) (c) of the statutes is created to read:

AB40,833,25 118.52 (6) (c) Pupil plan; high school graduation requirements. The school board of a pupil's resident school district may reject an application by a pupil to attend a course at an educational institution if the resident school board determines that any of the following apply:

AB40,834,2 1. The course does not satisfy a high school graduation requirement under s. 118.33.

AB40,834,4 2. The course does not conform to or support the pupil's academic and career plan under s. 115.28 (59) (a), if any.

AB40,1823 Section 1823. 118.52 (8) of the statutes is amended to read:

AB40,834,12 118.52 (8) Appeal of rejection. If an application is rejected under sub. (5) (3) (c) or a pupil is prohibited from attending a course in a public school in a nonresident school district at an educational institution under sub. (6), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB40,1824 Section 1824. 118.52 (9) of the statutes is amended to read: