SB286: Bill Text

SB286,15 Section 15. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

SB286,15,5 118.40 (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:

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

SB286,15,15 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under sub. (1m) (b) 3. to 14. A contract shall include all of the provisions specified under sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter school on the liability of the contracting entity under this paragraph. The contract may include other provisions agreed to by the parties. The chancellor of the University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may not establish or enter into a contract for the establishment of a charter school under this paragraph without the approval of the board of regents of the University of Wisconsin System.

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

SB286,15,18 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling a pupil from the charter school.

SB286,15,21 b. If the charter or contract includes grounds for expelling a pupil from the charter school as permitted under subd. 2m. a., the charter or contract shall include the procedures to be followed by the charter school prior to expelling a pupil.

SB286,18 Section 18. 118.40 (2r) (b) 4. of the statutes is amended to read:

SB286,15,24 118.40 (2r) (b) 4. No chartering or contracting entity under subd. 1. may establish or enter into a contract for the establishment of a virtual charter school.

SB286,19 Section 19. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286,16,12 118.40 (2r) (bm) The common council of the city of Milwaukee and the Milwaukee area technical college district board may establish or enter into a contract for the establishment of a charter school located only in the school district operating under ch. 119. The chancellor of the University of Wisconsin-Milwaukee may establish or enter into a contract for the establishment of a charter school located only in Milwaukee County or in an adjacent county. The chancellor of the University of Wisconsin-Parkside may only establish or enter into a contract for the establishment of a charter school located in a unified school district that is located in the county in which the University of Wisconsin-Parkside is situated or in an adjacent county.

SB286,20 Section 20. 118.40 (2r) (cm) of the statutes is amended to read:

SB286,16,17 118.40 (2r) (cm) The chancellor of the University of Wisconsin-Parkside may establish or enter into a contract for the establishment of only one charter school under this subsection, which may not operate high school grades and which may not accommodate more than 480 pupils.

SB286,21 Section 21. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

SB286,16,20 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

SB286,22 Section 22. 118.40 (2r) (d) 3. of the statutes is created to read:

SB286,17,2 118.40 (2r) (d) 3. If the department determines under s. 115.39 (3) that a charter school established under this subsection has performed at the lowest performance level for 3 consecutive school years, annually submit to the department the following information until the charter school improves to at least the performance level specified in s. 115.39 (2) (c) 4.:

SB286,17,4 a. The charter school's operating costs, detailed in an audited financial statement.

SB286,17,6 b. The services provided by the contracting entity to the charter school and an itemized accounting of the cost of such services.

SB286,23 Section 23. 118.40 (3) (e) of the statutes is amended to read:

SB286,17,11 118.40 (3) (e) 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 the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

SB286,24 Section 24. 118.40 (3) (f) of the statutes is created to read:

SB286,17,18 118.40 (3) (f) 1. A contract with a school board or an entity under sub. (2r) (b) shall specify that if the department determines under s. 115.39 (3) that the charter school has performed at the lowest performance level for 3 consecutive school years, the school board or entity under sub. (2r) (b) shall require that a remediation plan, approved by the school board or entity, be implemented by the charter school operator.

SB286,17,20 2. The school board or entity under sub. (2r) (b) shall provide the department with a copy of any remediation plan approved under subd. 1.

SB286,25 Section 25. 118.40 (4) (c) of the statutes is amended to read:

SB286,18,2 118.40 (4) (c) Single-sex schools and courses. A school board may enter into a contract for, and an or entity under sub. (2r) may establish or enter into a contract for, the establishment of 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.

SB286,26 Section 26. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).

SB286,27 Section 27. 118.40 (5) (b) of the statutes is created to read:

SB286,18,11 118.40 (5) (b) A school board or entity under sub. (2r) that has contracted for the establishment of a charter school shall revoke the school's charter if the operator of the charter school implemented a remediation plan under sub. (3) (f) 1. but the school failed to improve to at least the performance level specified in s. 115.39 (2) (c) 4. within 3 school years. If a charter school that has had its charter revoked under this paragraph reopens as a private school, it may not participate in a parental choice program under s. 118.60 or 119.23.

SB286,28 Section 28. 118.42 (1) (intro.) of the statutes is amended to read:

SB286,18,16 118.42 (1) (intro.) If the state superintendent determines under s. 115.39 (3) that a school district has been in need of improvement performed at the lowest performance level for 4 3 consecutive school years, the school board shall do all of the following apply:

SB286,29 Section 29. 118.42 (1) (a) to (d) of the statutes are renumbered 118.42 (1) (am) 2. to 5.

SB286,30 Section 30. 118.42 (1) (am) (intro.) and 1. of the statutes are created to read:

SB286,18,20 118.42 (1) (am) (intro.) The school board shall do all of the following:

SB286,18,23 1. Complete a department-approved diagnostic review of the school district to determine the causes of the school district's poor performance and relevant mitigating factors.

SB286,31 Section 31. 118.42 (1) (bm) (intro.) and 1. of the statutes are created to read:

SB286,19,3 118.42 (1) (bm) (intro.) After consulting with the school board, the school district administrator, and school district employees, the state superintendent shall direct the school board to do one or more of the following in the school district:

SB286,19,5 1. Modify one or more of the activities performed by the school board under par. (am).

SB286,32 Section 32. 118.42 (1) (cm) of the statutes is created to read:

SB286,19,9 118.42 (1) (cm) Nothing in this subsection authorizes the department to require, or a school board to implement, an action that would result in an impairment of the school board's contract with a charter school operator.

SB286,33 Section 33. 118.42 (2) of the statutes is repealed.

SB286,34 Section 34. 118.42 (2m) of the statutes is created to read:

SB286,19,17 118.42 (2m) (a) If the state superintendent determines under s. 115.39 (3) that a public school, other than a charter school, has performed at the lowest performance level for 3 consecutive school years, the school board shall complete a department-approved, on-site, diagnostic review of the school to determine the causes of the school's poor performance and relevant mitigating factors. Based on the results of the diagnostic review, the school board shall do one of the following:

SB286,19,20 1. Implement department-approved improvement activities that are consistent with federal improvement requirements and that significantly transform the school.

SB286,19,21 2. Convert the school to a charter school.

SB286,19,22 3. Close the school.

SB286,20,2 (b) If a school board implements department-approved improvement activities under par. (a) 1., the state superintendent shall direct the school board to do one or more of the following after the state superintendent consults with the school board, the school district administrator and school district employees:

SB286,20,4 1. Modify one or more of the activities performed by the school board under par. (a) 1.

SB286,20,6 2. Implement in the school a new or modified instructional design, which may include expanded school hours or additional pupil supports and services.

SB286,20,8 3. Implement professional development programs that focus on improving pupil academic achievement in the school.

SB286,20,10 4. Implement changes in administrative and personnel structures in the school.

SB286,20,13 5. Adopt accountability measures to monitor the school district's finances or to monitor other interventions directed by the state superintendent under subds. 1. to 4.

SB286,20,17 (c) If a school board implements department-approved improvement activities under par. (a) 1., but the school fails to improve to at least the performance level specified in s. 115.39 (2) (c) 4. within 3 school years, the school board shall convert the school to a charter school or close the school.

SB286,35 Section 35. 118.42 (3) (a) (intro.) of the statutes is repealed.

SB286,36 Section 36. 118.42 (3) (a) 1. of the statutes is repealed.

SB286,37 Section 37. 118.42 (3) (a) 2. to 5. of the statutes are renumbered 118.42 (1) (bm) 2. to 5.

SB286,38 Section 38. 118.42 (3) (b) and (c) of the statutes are repealed.

SB286,39 Section 39. 118.42 (4) and (5) of the statutes are repealed.

SB286,40 Section 40. 118.60 (9m) of the statutes is created to read:

SB286,21,5 118.60 (9m) (a) If the department determines under s. 115.39 (3) that a private school participating in the program under this section has performed at the lowest performance level for 3 consecutive school years, the private school shall notify its accrediting agency of the determination and request the agency to review the school's accreditation.

SB286,21,10 (b) If the private school fails to improve to at least the performance level specified in s. 115.39 (2) (c) 4. within 3 school years of the department's determination under par. (a), the state superintendent shall issue an order, effective on the succeeding July 1, permanently barring the private school from participating in the program under this section and the program under s. 119.23.

SB286,21,12 (c) A private school that has been barred under par. (b) may not reopen as a charter school.

SB286,41 Section 41. 118.60 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286,21,17 118.60 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), or sub. (9m), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

SB286,42 Section 42. 118.60 (10) (d) of the statutes is amended to read:

SB286,21,21 118.60 (10) (d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section or fails to participate in the student information system as required under s. 115.383 (3).

SB286,43 Section 43. 119.04 (1) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286,22,8 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.365 (3), 115.38 (2), 115.383, 115.39, 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

SB286,44 Section 44. 119.23 (9m) of the statutes is created to read:

SB286,22,14 119.23 (9m) (a) If the department determines under s. 115.39 (3) that a private school participating in the program under this section has performed at the lowest performance level for 3 consecutive school years, the private school shall notify its accrediting agency of the determination and request the agency to review the school's accreditation.

SB286,22,19 (b) If the private school fails to improve to at least the performance level specified in s. 115.39 (2) (c) 4. within 3 school years of the department's determination under par. (a), the state superintendent shall issue an order, effective on the succeeding July 1, permanently barring the private school from participating in the program under this section and the program under s. 118.60.

SB286,22,21 (c) A private school that has been barred under par. (b) may not reopen as a charter school.

SB286,45 Section 45. 119.23 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286,23,3 119.23 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), or sub. (9m), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

SB286,46 Section 46. 119.23 (10) (d) of the statutes is amended to read:

SB286,23,7 119.23 (10) (d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section or fails to participate in the student information system as required under s. 115.383 (3).

SB286,47 Section 47. 120.12 (26) of the statutes is created to read:

SB286,23,11 120.12 (26) Staffing and financial data. Upon request, provide to the department any staffing or financial data that the department needs to comply with state or federal reporting requirements.

SB286,48 Section 48. 121.006 (2) (d) of the statutes is amended to read:

SB286,23,14 121.006 (2) (d) Comply with a directive issued by the state superintendent under s. 118.42 (3) (a) or (1) (bm) or (2m) (b).

SB286,49 Section 49. 121.02 (1) (o) of the statutes is amended to read:

SB286,23,18 121.02 (1) (o) Annually comply with the requirements of s. 115.38 (2). The school board may include additional information in the report under s. 115.38 (2) 115.39 (5).

SB286,50 Section 50. Nonstatutory provisions.

SB286,23,23 (1) Milwaukee Public Schools. (a) Except as provided under paragraph (b), no data derived from a school year prior to the 2014-15 school year may be used by the department of public instruction to determine a school's or a school district's performance under section 115.39 of the statutes, as created by this act.

SB286,24,4 (b) For the purpose of section 118.42 of the statutes, as affected by this act, the department of public instruction shall treat the school district operating under chapter 119 of the statutes as if it had performed at the lowest performance level under section 115.39 (2) (c) of the statutes, as created by this act, for the 3 consecutive school years immediately preceding the school year in which this subsection takes effect.

SB286,24,7 (2) Legislative audit bureau report. The legislative audit bureau shall submit its initial report under section 115.39 (7) of the statutes, as created by this act, in January 2016.

SB286,51 Section 51. Initial applicability.

SB286,24,12 (1) Charter school contracts. The treatment of section 118.40 (3) (f) of the statutes and the creation of section 118.40 (5) (b) of the statutes first apply to a contract for the establishment of a charter school that is entered into, modified, or renewed on the effective date of this subsection.

SB286,24,13 (End)