Amendment SSA1-SB21

SB21-SSA1,947,22 115.385 (1m) For purposes of determining a school's performance or a school district's improvement under sub. (1) all of the following apply:

SB21-SSA1,947,24 (a) The department may not include the following pupils or pupil examination scores:

SB21-SSA1,948,3 1. A pupil who attended a private school under the program under s. 118.60 or 119.23 in the 8th grade and who transfers to a public school, including a charter school, for the 9th grade.

SB21-SSA1,948,6 2. A pupil who was enrolled in a public school, including a charter school, in the 8th grade and who transfers to a private school under the program under s. 118.60 or 119.23 for the 9th grade.

SB21-SSA1,948,8 3. A pupil, other than a pupil enrolled in the 9th grade, who was enrolled in the school or school district for less than one year prior to taking the pupil examination.

SB21-SSA1,948,13 (b) 1. Subject to subd. 2., if the department uses pupil examination scores to determine a school's performance or a school district's improvement, the department shall account for the length of time a pupil was enrolled in the school or school district prior to taking the pupil examination by weighting pupil examination scores as follows:

SB21-SSA1,948,15 a. For a pupil who was enrolled in the school or school district for at least one year but less than 2 years prior to taking the pupil examination, multiply by 1.

SB21-SSA1,948,17 b. For a pupil who was enrolled in the school or school district for at least 2 years but less than 3 years prior to taking the pupil examination, multiply by 2.

SB21-SSA1,948,19 c. For a pupil who was enrolled in the school or school district for more than 3 years prior to taking the pupil examination, multiply by 3.

SB21-SSA1,948,22 2. The department may not, for purposes of determining a school's performance, account for the length of time a 9th grade pupil was enrolled in the school.

SB21-SSA1,949,6 (c) The department shall consider the impact of poverty on pupil achievement and growth by adjusting the importance given to the measures under sub. (1) (a) 1. and 1m. based on the percentage of pupils in the school or school district who are economically disadvantaged. In this paragraph, an economically disadvantaged pupil is a pupil that satisfies either the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1) or other measures of poverty, as determined by the department. Of the total weight the department allocates to the measures under sub. (1) (a) 1. and 1m. for the purpose of determining a school's performance or a school district's improvement, the department shall do as follows:

SB21-SSA1,949,9 1. If 5 percent or less of the school or school district membership is comprised of economically disadvantaged pupils, weight the measure under sub. (1) (a) 1. at 90 percent and the measure under sub. (1) (a) 1m. at 10 percent.

SB21-SSA1,949,12 2. If 65 percent or more of the school or school district membership is comprised of economically disadvantaged pupils, weight the measure under sub. (1) (a) 1. at 10 percent and the measure under sub. (1) (a) 1m. at 90 percent.

SB21-SSA1,949,15 3. If the percentage of economically disadvantaged pupils in the school or school district membership is more than 5 percent but less than 65 percent, the department shall determine the weight of the measures under sub. (1) (a) 1m. as follows:

SB21-SSA1,949,16 a. Divide 80 by 60.

SB21-SSA1,949,18 b. Multiply the quotient determined under subd. 3. a. by the percentage of economically disadvantaged pupils in the school or school district membership.

SB21-SSA1,949,19 c. Add 3.35 to the result under subd. 3. b.

SB21-SSA1,949,24 4. If the percentage of economically disadvantaged pupils in the school or school district membership is more than 5 percent but less than 65 percent, the department shall determine the weight of the measures under sub. (1) (a) 1. by subtracting the weight given to the measures under sub. (1) (a) 1m. as determined under subd. 3. from 100.

SB21-SSA1,950,4 (d) For purposes of measuring a school district's improvement, the department may not include data derived from a virtual charter school that is considered to be located in the school district under s. 118.51 (18) if at least 50 percent of the pupils attending the virtual charter school are attending under s. 118.51.

SB21-SSA1,3208 Section 3208. 115.385 (2) of the statutes is amended to read:

SB21-SSA1,950,15 115.385 (2) Beginning one year after a charter school established under s. 118.40 (2r) or a private school participating in a parental choice program under s. 118.60 or 119.23 begins using the student information system under s. 115.28 (12) (b), or begins using a system that is interoperable with that system, the with the accountability report published for the 2015-16 school year, the department shall include the school in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental choice program under s. 118.60 or 119.23. The department shall use the same criteria to measure the performance of all schools included in the annual school accountability report.

SB21-SSA1,3209 Section 3209. 115.385 (3) of the statutes is created to read:

SB21-SSA1,950,20 115.385 (3) On an accountability report published for a private school participating in a program under s. 118.60 or 119.23, the department shall specify the percentage of pupils attending the private school under the program and comply with one of the following:

SB21-SSA1,950,24 (a) For a private school that submits achievement data only for those pupils attending the private school under the program, assign to the private school a performance category derived from data about those pupils attending the private school under the program.

SB21-SSA1,951,8 (b) For a private school that submits achievement data for those pupils attending the private school under s. 118.60 or 119.23 and achievement data for all other pupils attending the private school, assign to the private school a performance category derived from data about pupils attending the school under s. 118.60 or 119.23 and identify the performance category as the choice pupil performance category. The department shall also assign a 2nd performance category, derived from data about all pupils attending the private school including pupils attending the private school under s. 118.60 or 119.23, as the private school performance category.

SB21-SSA1,3210 Section 3210. 115.385 (4) of the statutes is created to read:

SB21-SSA1,951,19 115.385 (4) Annually, each public school, including a charter school, and each private school participating in a parental choice program under s. 118.60 or 119.23 shall provide a copy of the school's accountability report to the parent or guardian of each pupil enrolled in or attending the school. Each school shall simultaneously provide to the parent or guardian of each pupil enrolled in the school a list of the educational options available to children who reside in the pupil's resident school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time open enrollment, youth options, course options, and options for pupils enrolled in a home-based private educational program.

SB21-SSA1,3211 Section 3211. 115.385 (5) of the statutes is created to read:

SB21-SSA1,951,24 115.385 (5) Beginning in the 2017-18 school year and biennially thereafter, the appropriate standing committee of each house of the legislature shall conduct a review of school and school district accountability reports published under this section.

SB21-SSA1,3211p Section 3211p. 115.415 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 20, is amended to read:

SB21-SSA1,952,10 115.415 (1) (a) The department shall develop an educator effectiveness evaluation system and an equivalency process aligned with the department's evaluation system for the evaluation of teachers and principals of public schools, including teachers and principals of a charter school established under s. 118.40 (2r) or (2x), as provided in this section. Subject to par. (b), each school board and the operator of each charter school established under s. 118.40 (2r) or (2x) shall evaluate teachers and principals in the school district or charter school beginning in the 2014-15 school year.

SB21-SSA1,3211r Section 3211r. 115.415 (2) (intro.) of the statutes is amended to read:

SB21-SSA1,952,15 115.415 (2) (intro.) The department shall develop an educator effectiveness evaluation system according to the following framework, and may charge a fee to a school district and the governing body board of a charter school established under s. 118.40 (2r) or (2x) to use the system developed under this subsection:

SB21-SSA1,3211t Section 3211t. 115.415 (3) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,953,3 115.415 (3) (a) (intro.) The department shall promulgate by rule an equivalency process aligned with the evaluation system established under sub. (2) for a school district, a charter school under contract with a school board that is not an instrumentality of the school district, or a charter school established under s. 118.40 (2r) or (2x) seeking to utilize an alternative process for the evaluation of teacher and principal practice. The process under this subsection shall be based on the criteria established in the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards, and a school district, charter school under contract with a school board that is not an instrumentality of the school district, or charter school established under s. 118.40 (2r) or (2x) that uses the process under this subsection shall evaluate the performance of teachers in the following domains:

SB21-SSA1,3211v Section 3211v. 115.415 (4) of the statutes is amended to read:

SB21-SSA1,953,9 115.415 (4) From the appropriation under s. 20.255 (2) (ek), the department may award grants to school districts and the governing body board of a charter school established under s. 118.40 (2r) or (2x) to implement an educator effectiveness evaluation system developed under sub. (2) or an equivalency process established by rule under sub. (3).

SB21-SSA1,3212 Section 3212. 115.42 (2) (c) of the statutes is amended to read:

SB21-SSA1,953,14 115.42 (2) (c) The amount of each grant under par. (a) shall be $5,000 in any school year in which the recipient is employed in a school in which at least 60 percent of the pupils enrolled are eligible satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

SB21-SSA1,3213 Section 3213. 115.43 (1) of the statutes is amended to read:

SB21-SSA1,953,18 115.43 (1) Definition. In this section, " economically disadvantaged pupil" means a pupil who is eligible satisfies the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

SB21-SSA1,3215 Section 3215. 115.436 (2) (b) of the statutes is repealed.

SB21-SSA1,3215d Section 3215d. 115.437 (1) of the statutes is amended to read:

SB21-SSA1,953,24 115.437 (1) In this section, "number of pupils enrolled" has the meaning given in s. 121.90 (1) (intro.) and includes 40 percent of the summer enrollment. "Number of pupils enrolled" does not include pupils described in the exception under s. 121.90 (1) (f).

SB21-SSA1,3216d Section 3216d. 115.437 (2) of the statutes is renumbered 115.437 (2) (a) and amended to read:

SB21-SSA1,954,9 115.437 (2) (a) Annually Except as provided in par. (b), annually on the 4th Monday of March, the department shall pay to each school district an amount equal to the average of the number of pupils enrolled in the school district in the current and 2 preceding school years multiplied by $75 in the 2013-14 school year and, by $150 in the 2014-15 and 2015-16 school years, and by $250 in each school year thereafter. The department shall make the payments from the appropriation under s. 20.255 (2) (aq).

SB21-SSA1,3216f Section 3216f. 115.437 (2) (b) of the statutes is created to read:

SB21-SSA1,954,12 115.437 (2) (b) 1. The department shall make the payment under par. (a) for the 2015-16 school year on the 2nd Monday of July 2016.

SB21-SSA1,954,18 2. The department shall consider the amount paid from s. 20.255 (2) (aq) under subd. 1. to be money appropriated to s. 20.255 (2) (aq) in the 2015-16 school year for purposes of calculating the change in the amount of statewide categorical aid per pupil under s. 118.40 (2r) (e) 2p. from the 2014-15 school year to the 2015-16 school year, from the 2015-16 school year to the 2016-17 school year, and from the 2016-17 school year to the 2017-18 school year.

SB21-SSA1,3220 Section 3220. 115.77 (1) of the statutes is amended to read:

SB21-SSA1,954,23 115.77 (1) In sub. (1m) (a) to (d), except as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), "local educational agency" means the school district that the child is attending.

SB21-SSA1,3220m Section 3220m. 115.775 (1) of the statutes is amended to read:

SB21-SSA1,955,3 115.775 (1) Except as provided in sub. (2), an operator of a charter school under s. 118.40 (2r) or (2x) is a local educational agency, as defined in 20 USC 1401 (19), and shall comply with 20 USC 1400 to 1482.

SB21-SSA1,3220p Section 3220p. 115.775 (2) of the statutes is amended to read:

SB21-SSA1,955,9 115.775 (2) The board of directors of the school district operating under ch. 119 is a local educational agency under this section and shall comply with 20 USC 1400 to 1482 if the board of directors enters into a written agreement with an operator of a charter school under s. 118.40 (2r) or (2x) under which the board of directors agrees to serve as the local educational agency.

SB21-SSA1,3221 Section 3221. 115.777 (1) of the statutes is amended to read:

SB21-SSA1,955,18 115.777 (1) (a) A physician, nurse, psychologist, social worker or administrator of a social agency who reasonably believes that a child brought to him or her for services has a disability shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending.

SB21-SSA1,956,2 (b) A person who is required to be licensed under s. 115.28 (7), who is employed by a local educational agency and who reasonably believes a child has a disability, shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district that the child is attending but the child is a nonresident attending a public school in that school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide the name of the child and related information to the school board of the child's school district of residence.

SB21-SSA1,956,10 (c) Any person other than those specified under par. (a) or (b) who reasonably believes that a child is a child with a disability may refer the child to a local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending.

SB21-SSA1,3222 Section 3222. 115.78 (1) of the statutes is amended to read:

SB21-SSA1,956,15 115.78 (1) Definition. In this section, for a child who is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), "local educational agency" means the school board of the school district that the child is attending.

SB21-SSA1,3223 Section 3223. 115.78 (1m) (h) of the statutes is amended to read:

SB21-SSA1,956,20 115.78 (1m) (h) If the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), at least one person designated by the school board of the child's school district of residence who has knowledge or special expertise about the child.

SB21-SSA1,3224 Section 3224. 115.79 (1) (b) of the statutes is amended to read:

SB21-SSA1,957,3 115.79 (1) (b) An educational placement is provided to implement a child's individualized education program. Except as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide an educational placement for the child and shall pay tuition charges instead of the school district in which the child resides if required by the placement.

SB21-SSA1,3224g Section 3224g. 115.791 (4) of the statutes is amended to read:

SB21-SSA1,957,10 115.791 (4) Subject to s. 115.77 (1m) (d) and (e), this section does not require a local educational agency to pay the cost of education, including special education and related services, of a child with a disability at a private school or facility, including a child with a disability attending a private school under s. 115.7915, if the local educational agency made a free appropriate public education available to the child and the child's parents elected to place the child in a private school or facility.

SB21-SSA1,3224m Section 3224m. 115.7915 of the statutes is created to read:

SB21-SSA1,957,13 115.7915 Special Needs Scholarship Program. (1) Definitions. In this section:

SB21-SSA1,957,14 (a) "Eligible school" means a private school located in this state.

SB21-SSA1,957,15 (b) "Resident school board" means the school board of a resident school district.

SB21-SSA1,957,16 (c) "Resident school district" means the school district in which a pupil resides.

SB21-SSA1,957,17 (d) "Services plan" has the meaning given in 34 CFR 300.37.

SB21-SSA1,957,20 (2) Scholarship requirements. Beginning in the 2016-17 school year, the department shall provide to a child with a disability a scholarship under sub. (4m) (a) to attend an eligible school if all of the following apply:

SB21-SSA1,957,23 (a) The child applied to attend a public school in one or more nonresident school districts under s. 118.51 for the same school year for which he or she is submitting an application under par. (f), and all of the following occurred:

SB21-SSA1,958,2 1. The child was rejected by the school boards of all the nonresident school districts to which he or she applied under s. 118.51 (3) (a), (3m) (a), or (7); or was prohibited from attending public school in all the nonresident school districts to which he or she applied under s. 118.51 (3m) (d), (7), or (12).

SB21-SSA1,958,4 2. If the child's parent appealed any school board decision under subd. 1., the department affirmed the decision.

SB21-SSA1,958,6 (b) The governing body of the eligible school notified the department of its intent to participate in the program under this section.

SB21-SSA1,958,14 (c) The eligible school has been approved as a private school by the state superintendent under s. 118.165 (2) or is accredited by the Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, the diocese or archdiocese within which the private school is located, or any other organization recognized by the National Council for Private School Accreditation, as of the August 1 preceding the school term for which the scholarship is awarded.

SB21-SSA1,958,16 (d) An individualized education program or services plan has been completed for the child.

SB21-SSA1,958,19 (e) The child attended a public school in this state for the entire school year immediately preceding the school year for which the child first receives a scholarship under this section.

SB21-SSA1,958,25 (f) The child, or the child's parent on behalf of the child, submitted an application for a scholarship under this section, on a form prepared by the department that includes the document developed by the department under sub. (4) (a) to the eligible school that the child will attend. A child, or child's parent, may apply for a scholarship and a child may begin attending an eligible school under this section at any time during the school year.

SB21-SSA1,959,2 (g) The eligible school has accepted the child's application to attend the eligible school under a scholarship awarded under this section.

SB21-SSA1,959,7 (3) Participating schools; selection of pupils. (a) The governing body of an eligible school that intends to participate in the program under this section shall notify the department of its intent. The governing body of the eligible school shall include in the notice under this paragraph the number of spaces the eligible school has available for children receiving a scholarship under this section.

SB21-SSA1,959,12 (b) If a private school participating in the program under this section receives more applications for scholarships under sub. (2) (f) than the number of children specified in the notice under par. (a), it shall select children on a random basis except that it may give preference to siblings of pupils who are already attending the private school.

SB21-SSA1,959,15 (c) The governing body of a private school participating in the program under this section shall notify the department when it accepts a child's application to attend the private school under a scholarship awarded under this section.

SB21-SSA1,959,20 (4) Department duties. (a) 1. The department shall develop a document for inclusion with an application under sub. (2) (f), and revise it as necessary, comparing the rights of a child with a disability and of his or her parent under this subchapter, other than this section, and 20 USC 1400 to 1482, with the rights of a child with a disability and of his or her parent under this section and 20 USC 1400 to 1482.

SB21-SSA1,959,25 2. Receipt by an applicant of the document developed under subd. 1., acknowledged in a format prescribed by the department, constitutes notice that the applicant has been informed of his or her rights under this section and 20 USC 1400 to 1482. Subsequent acceptance of a scholarship under this section constitutes the applicant's informed acknowledgment of the rights specified in the document.

SB21-SSA1,960,5 (b) Upon being notified under sub. (3) (c), the department shall notify the child's resident school board that the child has been awarded a scholarship under this section. The child's resident school board shall, within 3 days of receiving the notice, provide the department and the governing body of the private school that accepted the child with a copy of the child's individualized education program.