2015 Wisconsin Act 55

55,3280 Section 3280. 118.40 (2r) (dm) of the statutes is created to read:

118.40 (2r) (dm) The operator of a charter school authorized under this subsection may provide transportation to pupils attending the charter school and may claim transportation aid under s. 121.58 for pupils so transported.

55,3282g Section 3282g. 118.40 (2r) (e) 2p. (intro.) of the statutes is amended to read:

118.40 (2r) (e) 2p. (intro.) In the 2015-16 school year and in each school year thereafter, for a pupil attending a charter school established by or under a contract with an entity under par. (b) 1. a. to f., 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; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, if positive. The change in the statewide categorical aid per pupil shall be determined as follows:

55,3284m Section 3284m. 118.40 (2r) (e) 2p. a. of the statutes is amended to read:

118.40 (2r) (e) 2p. a. Add the amounts appropriated in the current fiscal year under s. 20.255 (2), except s. 20.255 (2) (ac), (bb), (fm), (fr), (fu), (k), and (m); s. 20.285 (1) (r) and (rc); and 20.505 (4) (es) and (s).

55,3284n Section 3284n. 118.40 (2r) (f) of the statutes is created to read:

118.40 (2r) (f) 1. In the 2016-17 school year and in each school year thereafter, for a pupil attending a charter school established under a contract with an entity under par. (b) 1. g. or h., 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 per pupil academic base funding the bureau of Indian education in the federal department of the interior provided to tribal schools under 25 CFR 39.1 to 39.1203 in the previous school year.

2. The department shall pay 25 percent of the total amount due to an operator of a charter school in September, 25 percent in December, 25 percent in February, and 25 percent in June. The department shall send the check to the operator of the charter school.

55,3284p Section 3284p. 118.40 (2r) (g) of the statutes is created to read:

118.40 (2r) (g) 1. Beginning in the 2016-17 school year, subject to s. 121.085 (1), the department shall decrease a school district's state aid payment under s. 121.08 by an amount calculated as follows:

a. Determine the number of pupils residing in the school district for whom a payment is made under par. (e) to an operator of a charter school established under contract with an entity under par. (b) 1. e. or f. in that school year.

b. Multiply the number of pupils under subd. 1. a. by the per pupil amount calculated under par. (e) 2p. for that school year.

c. Determine the number of pupils residing in the school district for whom a payment is made under par. (f) in that school year.

d. Multiply the number of pupils under subd. 1. c. by the per pupil amount calculated under par. (f) 1. for that school year.

e. Sum the amounts determined under subd. 1. b. and d.

2. If a school district's state aid payment under s. 121.08 is insufficient to cover the reduction under subd. 1., as determined under s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.

3. The department shall ensure that the decrease under subd. 1. does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

55,3285 Section 3285. 118.40 (2r) (h) of the statutes is created to read:

118.40 (2r) (h) 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.

55,3286m Section 3286m. 118.40 (2x) of the statutes is created to read:

118.40 (2x) Office of educational opportunity. (a) In this subsection:

1. "Director" means the special assistant to the president of the University of Wisconsin System appointed under s. 36.09 (2) (c).

2. "Instructional staff" has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.

3. "Resident school board" means the school board of the school district in which a pupil resides.

(b) 1. The director may contract with a person to operate a charter school.

2. A contract to operate a charter school 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 University of Wisconsin System under this paragraph. The contract shall also include all of the following provisions and may include other provisions agreed to by the parties:

a. A requirement that the charter school governing board adhere to specified annual academic and operational performance standards developed in accordance with the performance framework of the person with which it is contracting.

b. Provisions detailing the corrective measures the charter school governing board will take if the charter school fails to meet performance standards.

d. The methodology that will be used by the charter school governing board to monitor and verify pupil enrollment, credit accrual, and course completion.

e. A requirement that the director have direct access to pupil data.

f. A description of the administrative relationship between the parties to the contract.

g. A requirement that the charter school governing board hold parent-teacher conferences at least annually.

h. A requirement that if more than one charter school is operated under the contract, the charter school governing board reports to the director on each charter school separately.

i. A requirement that the charter school governing board provide the data needed by the director for purposes of making the report required under sub. (3m) (f).

j. A requirement that the charter school governing board participate in any training provided by the director.

k. A description of all fees that the director will charge the charter school governing board.

3. a. A contract may include grounds for expelling a pupil from the charter school.

b. If the contract includes grounds for expelling a pupil from the charter school as permitted under subd. 3. a., the contract shall include the procedures to be followed by the charter school prior to expelling a pupil.

4. The director may not contract for the establishment of a virtual charter school.

(c) The director may contract for the establishment of a charter school located only in a school district whose membership, as defined in s. 121.004 (5), is more than 25,000 pupils.

(d) The director shall do all of the following:

1. Ensure that all instructional staff of charter schools established under this subsection hold a license or permit to teach issued by the department.

2. Administer the examinations under ss. 118.30 (1r) and 121.02 (1) (r) to pupils enrolled in charter schools established under this subsection.

(e) 1. Beginning in the 2016-17 school year, from the appropriation under s. 20.255 (2) (fp), for each pupil attending a charter school established under this subsection, the department shall pay to the operator of a charter school established under this subsection an amount equal to the per pupil amount paid to an operator of a charter school under sub. (2r) (e) in that school year.

2. The department shall pay 25 percent of the total amount in September, 25 percent in December, 25 percent in February, and 25 percent in June. The department shall send the check to the operator of the charter school.

(f) 1. Beginning in the 2016-17 school year, subject to s. 121.085 (1), the department shall decrease a school district's state aid payment under s. 121.08 by an amount calculated as follows:

a. Determine the number of pupils residing in the school district for whom a payment is made under par. (e) 1. in that school year.

b. Multiply the number of pupils under subd. 1. a. by the per pupil amount calculated under par. (e) 1. for that school year.

2. If a school district's state aid payment under s. 121.08 is insufficient to cover the reduction under subd. 1., as determined under s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.

3. The department shall ensure that the decrease under subd. 1. does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

55,3286p Section 3286p. 118.40 (3) (b) of the statutes is amended to read:

118.40 (3) (b) A contract under par. (a) or under subs. sub. (2m) or, (2r), or (2x) 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.

55,3287 Section 3287. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (c) and amended to read:

118.40 (3m) (c) 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).

55,3288 Section 3288. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (b) and amended to read:

118.40 (3m) (b) 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.

55,3289 Section 3289. 118.40 (3) (f) of the statutes is created to read:

118.40 (3) (f) A contract with a school board, an entity under sub. (2r) (b), or the director under sub. (2x) 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, an entity under sub. (2r) (b), or the director under sub. (2x).

55,3290 Section 3290. 118.40 (3) (g) of the statutes is created to read:

118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a contract with a school board, an entity under sub. (2r) (b), or the director under sub. (2x) 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.

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.

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.

55,3291 Section 3291. 118.40 (3m) (intro.) of the statutes is created to read:

118.40 (3m) Authorizing entity duties. (intro.) A school board, an entity under sub. (2r) (b), and the director under sub. (2x) shall do all of the following:

55,3292 Section 3292. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:

118.40 (3m) (a) Solicit and evaluate charter school applications.

(d) Approve only high-quality charter school applications that meet identified educational needs and promote a diversity of educational choices.

(e) 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.

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

1. 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.

2. The academic and financial performance of each charter school operated under contract with it.

3. The operating costs the school board, entity under sub. (2r) (b), or director under sub. (2x) incurred under pars. (a) to (e), detailed in an audited financial statement prepared in accordance with generally accepted accounting principles.

4. The services the school board, entity under sub. (2r) (b), or director under sub. (2x) provided to the charter schools under contract with it and an itemized accounting of the cost of the services.

55,3294 Section 3294. 118.40 (4) (title) of the statutes is amended to read:

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

55,3295 Section 3295. 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:

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

55,3296 Section 3296. 118.40 (4) (ag) of the statutes is created to read:

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.

55,3297 Section 3297. 118.40 (4) (b) (intro.) of the statutes is amended to read:

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

55,3298 Section 3298. 118.40 (4) (b) 2. of the statutes is amended to read:

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.

55,3299 Section 3299. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and amended to read:

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

55,3300 Section 3300. 118.40 (4) (d) of the statutes is created to read:

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 all of the following:

1. To receive and disburse funds for school purposes.