Amendment ASA1-AB1

AB1-ASA1,26 Section 26. 115.385 (7) of the statutes is created to read:

AB1-ASA1,16,21 115.385 (7) (a) If, on the accountability report published under sub. (1) at the end of the 3-year period under sub. (6) (a), the state superintendent determines that a public school, other than a charter school established under s. 118.40 (2r), that is subject to sanctions under sub. (6) (a) has received a grade level of "F — Fails to Meet Expectations," the school board, or operator of the charter school if applicable, shall, as soon as practicable, undertake one or more of the following:

AB1-ASA1,16,23 1. Elect to comply with both of the following steps towards reorganizing the administration of the school:

AB1-ASA1,17,2 a. As soon as practicable, replace the principal and, if applicable, administrator of the school. The school board is not required to replace the principal or administrator as provided in this subd. 1. a. if the principal was hired within the immediately preceding 15 months.

AB1-ASA1,17,11 b. As soon as practicable, give notice of refusal to renew the contract of any teacher in the school who received a score of less than proficient on an evaluation conducted within the immediately preceding 2 school years under s. 115.415. The school board is not required to take action under this subd. 1. b. for any teacher who has 3 or fewer years of classroom experience. The school board may not rehire or reassign within the school district a teacher whose contract is not renewed under this subd. 1. b. for 3 consecutive school years, except that this prohibition does not apply to a teacher whose nonrenewal under this subd. 1. b. is found to be unlawful under subch. II of ch. 111.

AB1-ASA1,17,25 2. a. For a public school that is not a charter school, request the department to publish a request for proposals that shall direct interested applicants to submit to the department a proposal to convert the public school to a charter school under the authority of a college campus or institute in the University of Wisconsin System under s. 118.40 (2r) (b) 1. e. or of a technical college district board under s. 118.40 (2r) (b) 1. f. The department shall submit any proposal it receives to one or more deans, chancellors, or district boards for review. If any such dean, chancellor, or district board finds a proposal acceptable, or if any such dean, chancellor, or district board elects to establish and operate the school as a charter school under s. 118.40 (2r), that entity shall authorize the conversion of the public school to a charter school under s. 118.40 (2r). The department shall establish, by rule, a process for selecting the most appropriate dean or chancellor of a college campus or institution in the University of Wisconsin System or technical college district board to receive a proposal submitted to the department under this subd. 2. a.

AB1-ASA1,18,4 b. If the school board selects conversion to a charter school under s. 118.40 (2r) under this subdivision, the school board shall lease the school building, the school premises, and the furniture, fixtures, and equipment within the school building to the operator of the charter school up to fair market value.

AB1-ASA1,18,6 c. If the department does not receive any proposal under subd. 2. a., the public school shall follow the procedures under subd. 3.

AB1-ASA1,18,17 d. The operator of a school that is converted to a charter school under this subdivision shall enter into a 5-school-year contract with the entity that authorized the charter school under subd. 2. a. If, at the end of the 5-school-year term, the school receives a grade level of "C — Meets Expectations" or better on the accountability report published under sub. (1), the authorizing entity and the operator may agree to renew the contract for an additional 5-school-year term. The contract shall include a process for determining whether the school is making measurable progress towards improving the school's grade level. The contract shall include a provision governing the transportation of pupils to the school. The contract shall also include a process by which the transfer of the management and operations of the school may be returned to the school board at the end of the contract term.

AB1-ASA1,18,25 3. For a public school that is not a charter school, enter into a 5-school-year contract with a person to operate the school as a charter school under s. 118.40 (2m) if the school board has not already done so. If, at the end of the 5-school-year term, the school receives a grade level of "C — Meets Expectations" or better on the accountability report published under sub. (1), the school board may but is not required to renew the contract with the operator for an additional 5-school-year term. The contract shall include a process by which the transfer of the management and operations of the school may be returned to the school board.

AB1-ASA1,19,8 4. For a public school that is not a charter school, authorize the school district administrator to enter into a 5-school-year contract with an educational management agency under which the educational management agency agrees to operate the school. The contract under this subdivision shall require the educational management agency to follow the laws applicable to public schools under chs. 115 to 121 and the administrative rules promulgated by the department. The contract shall permit the school district administrator and the educational management agency to renew the contract for a second 5-school-year term.

AB1-ASA1,19,15 (ag) 1. If the school board, or, if applicable, the operator of a charter school other than a charter school under s. 118.40 (2r), fails to take any action under par. (a) with respect to a school that is subject to sanctions under this subsection within the 12 months after the state superintendent's determination under par. (a) (intro.), the state superintendent shall adjust the state aid paid to the school district under s. 121.08 for the school year immediately following the school year in which the school becomes subject to sanctions under par. (a) in the following manner:

AB1-ASA1,19,18 a. Determine the amount of state aid received by the school district under s. 121.08 in the school year in which the school becomes subject to sanctions under par. (a).

AB1-ASA1,19,21 b. Determine the amount of state aid the school district would be eligible to be paid under s. 121.08 in the school year immediately following the school year described under subd. 1. a.

AB1-ASA1,20,4 c. If the amount determined under subd. 1. a. is less than the amount determined under subd. 1. b., the amount of state aid to be paid under s. 121.08 to the school district for the school year immediately following the school year described under subd. 1. a. shall be the amount determined under subd. 1. a. If the amount determined under subd. 1. a. is greater than the amount determined under subd. 1. b., the amount of state aid to be paid under s. 121.08 to the school district for the school year immediately following the school year described under subd. 1. a. shall be the amount determined under subd. 1. b.

AB1-ASA1,20,9 2. For each school year following the school year described under subd. 1. b. that the school board or operator of a charter school, other than a charter school under s. 118.40 (2r), fails to take any action under par. (a), the state superintendent shall reduce by 1 percent the amount of state aid paid to the school district under subd. 1. c.

AB1-ASA1,20,17 (ar) If, on the accountability report published under sub. (1) at the end of the 3-year period under sub. (6) (a), the state superintendent determines that a public school that is a charter school established under s. 118.40 (2r) and that is subject to sanctions under sub. (6) (a) has received a grade level of "F — Fails to Meet Expectations," the charter school shall fulfill any contractual or other requirements with the department as soon as practicable, and the department shall discontinue payments to the charter school under s. 118.40 (2r) (e) as soon as practicable under the terms of the contract.

AB1-ASA1,21,2 (b) If, on the accountability report published under sub. (1), at the end of the 3-year period under sub. (6) (b), the state superintendent determines that a private school subject to sanctions under sub. (6) (b) has received a grade level of "F — Fails to Meet Expectations," the private school shall fulfill any contractual or other requirements with the department as soon as practicable, and the department shall discontinue payments to the private school as soon as practicable. The private school may not accept any new pupils under a parental choice program for 4 school years. Subject to sub. (8) (b), the private school may reapply to participate in a parental choice program at the end of the 4 school years following the state superintendent's determination under this paragraph.

AB1-ASA1,27 Section 27. 115.385 (8) of the statutes is created to read:

AB1-ASA1,21,8 115.385 (8) (a) The state superintendent may release a school subject to sanctions under sub. (6) from the requirements imposed upon the school by sub. (6) if the school receives a grade level of "C — Meets Expectations" or better on the accountability report published for the school under sub. (1) within the 36 months immediately following the imposition of sanctions under sub. (6).

AB1-ASA1,21,11 (b) The state superintendent may release a school subject to sanctions under sub. (7) from the requirements imposed upon the school by sub. (7) in any of the following circumstances:

AB1-ASA1,21,14 1. For a school subject to sanctions under sub. (7) (a) 1., if the school receives a grade level of "C — Meets Expectations" or better on 2 consecutive accountability reports published for the school under sub. (1).

AB1-ASA1,21,16 2. For a school subject to sanctions under sub. (7) (a) 2., 3., or 4., in the last year of any 5-school-year contract entered into under sub. (7).

AB1-ASA1,21,22 (c) 1. If a school subject to sanctions under sub. (6) receives on the final accountability report published within 36 months immediately following the imposition of sanctions under sub. (6) a grade level of "D — Meets Few Expectations," the state superintendent shall require the school to comply with the requirements under sub. (6) for an additional 2 school years. The school district shall be responsible for the costs of and associated with implementing any plan.

AB1-ASA1,22,3 2. If a school subject to sanctions under sub. (6) receives on the final accountability report published within the 36 months immediately following the imposition of sanctions under sub. (6) a grade level of "F — Fails to Meet Expectations," the school shall first complete the requirements to which the school is subject under sub. (6) and the state superintendent shall then require the school to comply with the requirements imposed upon a school under sub. (7).

AB1-ASA1,28 Section 28. 115.385 (9) of the statutes is created to read:

AB1-ASA1,22,6 115.385 (9) The department shall develop, by rule, the qualifying score for each grade level under sub. (1) (b).

AB1-ASA1,29 Section 29. 115.385 (10) of the statutes is created to read:

AB1-ASA1,22,14 115.385 (10) Beginning in 2017, in each odd-numbered year, no later than 60 days after the department publishes accountability reports for schools under sub. (1), the department shall compile and evaluate information about the implementation of the school accountability system and make recommendations to the appropriate standing committees of the legislature under s. 13.172 (3). The department shall be prepared to make a presentation to a hearing or joint hearing of the appropriate standing committees of the legislature on all of the following:

AB1-ASA1,22,19 (a) Policies that address appropriate accommodations on statewide assessments for a pupil attending a private school participating in a program under s. 118.60 or 119.23 who is a child with a disability, a limited-English proficient pupil, or economically disadvantaged, as defined in federal law, that are similar to the accommodations made for such pupils attending public schools.

AB1-ASA1,22,21 (b) Refining the data to be used by the department for each measure specified in sub. (1) (a).

AB1-ASA1,22,23 (c) The methodology for measuring the performance of schools under this section.

AB1-ASA1,22,25 (d) The appropriate weight to be given each of the measures under sub. (1) (a) for the grade levels under sub. (1) (b).

AB1-ASA1,23,1 (e) The qualifying score for each grade level under sub. (1) (b).

AB1-ASA1,23,3 (f) Sanctions imposed upon, or lifted from, schools by the state superintendent under subs. (6) and (7).

AB1-ASA1,30 Section 30. 118.153 (1) (a) 5. of the statutes is amended to read:

AB1-ASA1,23,9 118.153 (1) (a) 5. Eighth grade pupils whose score in each subject area on the examination administered under s. 118.30 (1m) (am) 1. or 118.301 (4) was below the basic level, 8th grade pupils who failed the examination administered under s. 118.30 (1m) (am) 2. or 118.301 (4), and 8th grade pupils who failed to be promoted to the 9th grade.

AB1-ASA1,31 Section 31. 118.30 (1) of the statutes is amended to read:

AB1-ASA1,23,15 118.30 (1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th, 9th, 10th, and 11th grades. Beginning in the 2015-16 school year, the state superintendent may not adopt or approve assessments developed by the Smarter Balanced Assessment Consortium.

AB1-ASA1,32 Section 32. 118.30 (2) (b) 3. of the statutes is amended to read:

AB1-ASA1,23,19 118.30 (2) (b) 3. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under sub. (1m) or s. 118.301 (4).

AB1-ASA1,33 Section 33. 118.30 (2) (b) 4. of the statutes is amended to read:

AB1-ASA1,23,23 118.30 (2) (b) 4. Upon the request of a pupil's parent or guardian, the operator of a charter school under s. 118.40 (2r) shall excuse the pupil from taking an examination administered under sub. (1r) or s. 118.301 (4).

AB1-ASA1,34 Section 34. 118.30 (2) (b) 5. of the statutes is amended to read:

AB1-ASA1,24,4 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 119.23 shall excuse the pupil from taking an examination administered under sub. (1s) (a) to (cm) or s. 118.301 (4).

AB1-ASA1,35 Section 35. 118.30 (2) (b) 6. of the statutes is amended to read:

AB1-ASA1,24,9 118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 118.60 shall excuse the pupil from taking an examination administered under sub. (1t) (a) to (cm) or s. 118.301 (4).

AB1-ASA1,36 Section 36. 118.30 (5m) of the statutes is amended to read:

AB1-ASA1,24,18 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or as permitted under s. 118.301 (4), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB1-ASA1,37 Section 37. 118.30 (7) of the statutes is amended to read:

AB1-ASA1,24,23 118.30 (7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under sub. (1m) or under s. 118.301 (4) regardless of the location of the charter school.

AB1-ASA1,38 Section 38. 118.301 of the statutes is created to read:

AB1-ASA1,25,3 118.301 Alternative assessments. (1) Definition. In this section, "research center" means an entity or organization with expertise to evaluate alternative examinations.

AB1-ASA1,25,12 (2) Responsibilities of the department. Within 30 days after the effective date of this subsection .... [LRB inserts date], the department shall request from the research center a list of nationally recognized, norm-referenced alternative examinations determined by the research center to be acceptable for statistical comparison with examinations adopted or approved under s. 118.30 (1). The department shall evaluate and approve 3 of the examinations by rule. The department may approve under this subsection only those examinations that the research center has determined are consistent with the parameters identified under sub. (3).

AB1-ASA1,25,19 (3) Evaluation of alternative examinations. Within 90 days after the effective date of this subsection .... [LRB inserts date], the research center shall submit to the department a list of nationally recognized, norm-referenced alternative examinations determined by the research center to be acceptable for statistical comparison with examinations adopted or approved under s. 118.30 (1). The research center shall submit under this subsection only those examinations that are consistent with the following parameters:

AB1-ASA1,25,21 (a) The examination aligns sufficiently with content standards established for examinations adopted or approved under s. 118.30 (1).

AB1-ASA1,25,23 (b) The examination is comprised of a variety of testing methodologies, including multiple choice and short answer, to assess a range of student skills.

AB1-ASA1,25,25 (c) The examination includes accommodations or alternative assessments for students enrolled in a special education program under subch. V of ch. 115.

AB1-ASA1,26,2 (d) The examination provider makes available translations for limited-English proficient pupils, as defined in s. 115.955 (7).

AB1-ASA1,26,5 (e) The examination may be administered in a variety of modes, including with paper and pencil, in an online format, in a fixed form format, and in an adaptive format.

AB1-ASA1,26,7 (f) The examination has internal consistency reliability coefficients of at least 0.8.

AB1-ASA1,26,15 (4) Alternative examinations permitted. (a) Notwithstanding s. 118.30 (1m), (1r), (1s), and (1t), a school board, an operator of a charter school under s. 118.40 (2r), and the governing body of a private school participating in a program under s. 118.60 or 119.23 are not required to administer an examination adopted or approved by the state superintendent under s. 118.30 (1) in any grade for which an examination is required to be administered under s. 118.30 if the school board, operator, or governing body administers instead an alternative examination approved by the department under sub. (2).

AB1-ASA1,26,17 (b) If a school elects to administer in any grade an alternative examination approved by the department under sub. (2), all of the following apply:

AB1-ASA1,26,20 1. The school shall use the alternative examination for 5 consecutive school years. The school may request from the department a waiver of the requirement under this subdivision. The department may grant or deny the request.

AB1-ASA1,27,3 2. If the cost of the alternative examination exceeds the cost of the examination adopted or approved by the state superintendent under s. 118.30 (1) for that grade, the school board, operator, or governing body of the school is responsible for the difference between the cost of the examination adopted or approved by the state superintendent for that grade and the cost of the alternative examination for that grade. If the cost of the alternative examination is less than the costs of the examination adopted or approved by the state superintendent under s. 118.30 (1), the department shall pay only the cost of the less expensive examination.

AB1-ASA1,27,13 (c) If the governing body of a private school administers in any grade an alternative examination approved by the department under sub. (2), and if the cost of the alternative examination for that grade exceeds the cost of the examination adopted or approved for that grade by the state superintendent under s. 118.30 (1), the governing body may apply payments received under ss. 118.60 (4) (bg) and (4m) and 119.23 (4) (bg) and (4m) towards the difference between the costs of the alternative examinations procured for the pupils attending the private school participating in a program under s. 118.60 or 119.23 and the cost the governing body would have paid for the examination adopted or approved by the state superintendent under s. 118.30 (1).

AB1-ASA1,39 Section 39. 118.33 (6) (a) 1. of the statutes is amended to read:

AB1-ASA1,27,23 118.33 (6) (a) 1. Each school board shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (a) or (am) or 118.301 (4), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the school board. Except as provided in par. (b) 1. and 3., the criteria apply to pupils enrolled in charter schools located in the school district.

AB1-ASA1,40 Section 40. 118.33 (6) (b) 1. of the statutes is amended to read:

AB1-ASA1,28,8 118.33 (6) (b) 1. Each operator of a charter school under s. 118.40 (2r) shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1r) (a) or (am) or 118.301 (4), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the operator of the charter school.

AB1-ASA1,41 Section 41. 118.33 (6) (c) 1. of the statutes is amended to read:

AB1-ASA1,28,18 118.33 (6) (c) 1. The governing body of each private school participating in the program under s. 119.23 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 119.23 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1s) (a) or (b) or 118.301 (4), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.

AB1-ASA1,42 Section 42. 118.33 (6) (cr) 1. of the statutes is amended to read:

AB1-ASA1,29,3 118.33 (6) (cr) 1. The governing body of each private school participating in the program under s. 118.60 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 118.60 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1t) (a) or (b) or 118.301 (4), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.

AB1-ASA1,43 Section 43. 118.40 (2r) (b) 1. e. of the statutes is created to read:

AB1-ASA1,29,6 118.40 (2r) (b) 1. e. A chancellor or dean of any university or college in the University of Wisconsin System under s. 115.385 (7) (a) 2.

AB1-ASA1,44 Section 44. 118.40 (2r) (b) 1. f. of the statutes is created to read:

AB1-ASA1,29,8 118.40 (2r) (b) 1. f. A technical college district board under s. 115.385 (7) (a) 2.

AB1-ASA1,45 Section 45. 118.40 (2r) (b) 2. of the statutes is amended to read:

AB1-ASA1,29,19 118.40 (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. A contract with an entity under subd. 1. e. or f. shall include the provisions specified in s. 115.385 (7) (a) 2. d. 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.

AB1-ASA1,46 Section 46. 118.40 (2r) (bm) of the statutes is amended to read:

AB1-ASA1,30,9 118.40 (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. A chancellor or dean of any university or college in the University of Wisconsin System or a technical college district board under s. 115.385 (7) (a) 2. may establish or enter into a contract for the establishment of a charter school under this paragraph only for a public school subject to sanctions under s. 115.385 (7) (a) 2.

AB1-ASA1,47 Section 47. 118.40 (2r) (d) 2. of the statutes is amended to read:

AB1-ASA1,30,13 118.40 (2r) (d) 2. Administer the examinations under ss. s. 118.30 (1r) or 118.301 (4) and the examinations under s. 121.02 (1) (r) to pupils enrolled in charter schools under this subsection.

AB1-ASA1,48 Section 48. 118.42 of the statutes is repealed and recreated to read:

AB1-ASA1,30,18 118.42 Interventions for low-performing schools. The school board or operator of a charter school, other than a charter school established under s. 118.40 (2r), that is subject to sanctions under s. 115.385 (6) (a) shall do all of the following in the school:

AB1-ASA1,30,20 (1) Use rigorous and equitable performance evaluation systems for teachers and principals that include all of the following:

AB1-ASA1,30,25 (a) Annual performance evaluations; multiple rating categories; multiple rating criteria, including improvement in pupil academic achievement as a significant factor; observation-based performance assessments; and an up-to-date collection of professional practice materials. The school board shall ensure that improvement in pupil academic achievement is based on at least 2 measures.

AB1-ASA1,31,4 (b) A method of identifying mitigating factors, such as a high rate of pupil mobility, insufficient preparation time, insufficient paraprofessional support, insufficient professional development, and insufficient resources or support, that could affect a teacher's or principal's performance.