SB21-SSA1,1022,223 118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a
24contract with a school board, an entity under sub. (2r) (b), or the director under sub.

1(2x) shall require that if the capacity of the charter school is insufficient to accept all
2pupils who apply, the charter school shall accept pupils at random.
SB21-SSA1,1022,53 2. A charter school shall give preference in enrollment to pupils who were
4enrolled in the charter school in the previous school year and to siblings of pupils who
5are enrolled in the charter school.
SB21-SSA1,1022,96 3. A charter school may give preference in enrollment to the children of the
7charter school's founders, governing board members, and full-time employees, but
8the total number of such children given preference may constitute no more than 10
9percent of the charter school's total enrollment.
SB21-SSA1,3291 10Section 3291. 118.40 (3m) (intro.) of the statutes is created to read:
SB21-SSA1,1022,1211 118.40 (3m) Authorizing entity duties. (intro.) A school board, an entity
12under sub. (2r) (b), and the director under sub. (2x) shall do all of the following:
SB21-SSA1,3292 13Section 3292. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:
SB21-SSA1,1022,1414 118.40 (3m) (a) Solicit and evaluate charter school applications.
SB21-SSA1,1022,1615 (d) Approve only high-quality charter school applications that meet identified
16educational needs and promote a diversity of educational choices.
SB21-SSA1,1022,1917 (e) In accordance with the terms of each charter school contract, monitor the
18performance and compliance with this section of each charter school with which it
19contracts.
SB21-SSA1,1022,2120 (f) Annually, submit to the state superintendent and to the legislature under
21s. 13.172 (2) a report that includes all of the following:
SB21-SSA1,1022,2522 1. An identification of each charter school operating under contract with it,
23each charter school that operated under a contract with it but had its contract
24nonrenewed or revoked or that closed, and each charter school under contract with
25it that has not yet begun to operate.
SB21-SSA1,1023,2
12. The academic and financial performance of each charter school operated
2under contract with it.
SB21-SSA1,1023,53 3. The operating costs the school board, entity under sub. (2r) (b), or director
4under sub. (2x) incurred under pars. (a) to (e), detailed in an audited financial
5statement prepared in accordance with generally accepted accounting principles.
SB21-SSA1,1023,86 4. The services the school board, entity under sub. (2r) (b), or director under
7sub. (2x) provided to the charter schools under contract with it and an itemized
8accounting of the cost of the services.
SB21-SSA1,3294 9Section 3294. 118.40 (4) (title) of the statutes is amended to read:
SB21-SSA1,1023,1110 118.40 (4) (title) Charter school governing board; duties, powers, and
11restrictions.
SB21-SSA1,3295 12Section 3295. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and
13118.40 (4) (ar) (intro.), as renumbered, is amended to read:
SB21-SSA1,1023,1514 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of
15the following:
SB21-SSA1,3296 16Section 3296. 118.40 (4) (ag) of the statutes is created to read:
SB21-SSA1,1023,2117 118.40 (4) (ag) Governing board. Each charter school shall be governed by a
18governing board that is a party to the contract with the authorizing entity. No more
19than a minority of the governing board's members may be employees of the charter
20school or employees or officers of the school district in which the charter school is
21located.
SB21-SSA1,3297 22Section 3297. 118.40 (4) (b) (intro.) of the statutes is amended to read:
SB21-SSA1,1023,2423 118.40 (4) (b) Restrictions. (intro.) A charter school governing board may not
24do any of the following:
SB21-SSA1,3298 25Section 3298. 118.40 (4) (b) 2. of the statutes is amended to read:
SB21-SSA1,1024,4
1118.40 (4) (b) 2. Except as provided in par. (c) sub. (3) (h), discriminate in
2admission or deny participation in any program or activity on the basis of a person's
3sex, race, religion, national origin, ancestry, pregnancy, marital or parental status,
4sexual orientation or physical, mental, emotional or learning disability.
SB21-SSA1,3299 5Section 3299. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and
6amended to read:
SB21-SSA1,1024,137 118.40 (3) (h) Single-sex schools and courses. A school board may enter into
8a contract for, and
, an entity under sub. (2r) , or the director under sub. (2x) may
9establish or enter into a contract for, the establishment of a charter school that
10enrolls only one sex or that provides one or more courses that enroll only one sex if
11the school board or, entity under sub. (2r), or the director under sub. (2x) makes
12available to the opposite sex, under the same policies and criteria of admission,
13schools or courses that are comparable to each such school or course.
SB21-SSA1,3300 14Section 3300. 118.40 (4) (d) of the statutes is created to read:
SB21-SSA1,1024,1715 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school
16governing board has all the powers necessary to carry out the terms of its contract,
17including all of the following:
SB21-SSA1,1024,1818 1. To receive and disburse funds for school purposes.
SB21-SSA1,1024,1919 2. To secure appropriate insurance.
SB21-SSA1,1024,2320 3. To enter into contracts, including contracts with a University of Wisconsin
21institution or college campus, technical college district board, or private college or
22university, for technical or financial assistance, academic support, curriculum
23review, or other services.
SB21-SSA1,1024,2424 4. To incur debt in reasonable anticipation of the receipt of funds.
SB21-SSA1,1025,2
15. To pledge, assign, or encumber its assets to be used as collateral for loans or
2extensions of credit.
SB21-SSA1,1025,33 6. To solicit and accept gifts or grants for school purposes.
SB21-SSA1,1025,44 7. To acquire real property for its use.
SB21-SSA1,1025,55 8. To sue and be sued in its own name.
SB21-SSA1,3300g 6Section 3300g. 118.40 (5) (intro.) of the statutes is amended to read:
SB21-SSA1,1025,107 118.40 (5) Charter revocation. (intro.) A charter may be revoked by the school
8board or, the entity under sub. (2r) (b), or the director under (2x) that contracted with
9the charter school if the school board or, if applicable, the entity under sub. (2r) (b)
10or the director under sub. (2x) finds that any of the following occurred:
SB21-SSA1,3300k 11Section 3300k. 118.40 (5) (a) of the statutes is amended to read:
SB21-SSA1,1025,1312 118.40 (5) (a) The charter school violated its contract with the school board or,
13the entity under sub. (2r) (b), or the director under sub. (2x).
SB21-SSA1,3300v 14Section 3300v. 118.40 (7) (am) 2. of the statutes is amended to read:
SB21-SSA1,1025,2315 118.40 (7) (am) 2. A charter school established under sub. (2r) or (2x) or a
16private school located in the school district operating under ch. 119 that is converted
17to a charter school is not an instrumentality of any school district and no school board
18may employ any personnel for the charter school. If the chancellor of the University
19of Wisconsin-Parkside contracts for the establishment of a charter school under sub.
20(2r), the board of regents of the University of Wisconsin System may employ
21instructional staff for the charter school. If the Gateway technical college district
22board contracts for the establishment of a charter school under sub. (2r), Gateway
23technical college may employ instructional staff for the charter school.
SB21-SSA1,3302 24Section 3302. 118.43 (1) (b) of the statutes is amended to read:
SB21-SSA1,1026,3
1118.43 (1) (b) "Low income" means the measure of low income that is used by
2the school district under 20 USC 2723
pupils who satisfy the income eligibility
3criteria under 42 USC 1758 (b) (1)
.
SB21-SSA1,3303 4Section 3303. 118.50 of the statutes is created to read:
SB21-SSA1,1026,11 5118.50 Whole grade sharing. (1) Agreement. The school boards of 2 or more
6school districts may enter into a whole grade sharing agreement that provides for all
7or a substantial portion of the pupils enrolled in one or more grades, including
84-year-old and 5-year-old kindergarten and prekindergarten classes, in any of the
9school districts to attend school in one or more of the other school districts for all or
10a substantial portion of a school day. School boards shall include in a whole grade
11sharing agreement all of the following:
SB21-SSA1,1026,1312 (a) The term of the agreement, which shall be for one or more entire school
13years.
SB21-SSA1,1026,1514 (am) The date by which each school board must notify the other participating
15school boards of its intent to renew the agreement.
SB21-SSA1,1026,1616 (b) The grade levels in each school district that are subject to the agreement.
SB21-SSA1,1026,1917 (c) Subject to sub. (2m), the annual amount that the school board of a pupil's
18resident school district pays to the school board of the school district that the pupil
19attends under the agreement.
SB21-SSA1,1026,2220 (d) Which school board grants diplomas to pupils who, under the agreement,
21graduate from high school in a school district other than the pupil's resident school
22district.
SB21-SSA1,1026,2523 (e) Which school board is responsible for pupil records, as defined in s. 118.125
24(1) (d), for pupils, who under the agreement, attend school in a school district other
25than the pupil's resident school district.
SB21-SSA1,1027,3
1(2) Procedure. (a) A school board may not enter into, extend, or renew a whole
2grade sharing agreement after January 10 of the school year preceding the school
3year in which the agreement, extension, or renewal takes effect.
SB21-SSA1,1027,94 (b) At least 150 days before entering into, extending, or renewing a whole grade
5sharing agreement, the school board shall adopt a resolution stating its intention to
6do so. Within 10 days after adoption of the resolution, the school district clerk shall
7publish notice of the adoption of the resolution as a class 1 notice under ch. 985 in
8a newspaper published in the school district or post a notice of the adoption of the
9resolution as provided in s. 10.05.
SB21-SSA1,1027,1710 (c) Within 30 days after publication or posting, a petition signed by at least 20
11percent of the electors residing in the school district may be filed with the school
12board requesting a feasibility study of the agreement. Upon receiving the petition,
13the school board shall contract with an organization approved by the department to
14conduct the feasibility study. If a feasibility study is required under this paragraph,
15the school board may not enter into, extend, or renew a whole grade sharing
16agreement until it receives the results of the study. The school board shall post the
17results of the feasibility study on the school district's Internet site.
SB21-SSA1,1027,2218 (d) At least 30 days before entering into, extending, or renewing a whole grade
19sharing agreement, the school board shall hold a public hearing in the school district
20at which the proposed agreement is described and at which any school district elector
21may comment on the proposed agreement. Two or more school boards that will be
22parties to the agreement may hold a joint public hearing in one of the school districts.
SB21-SSA1,1027,2523 (e) No later than 10 days after entering into, extending, or renewing a whole
24grade sharing agreement, the school district clerk shall file with the state
25superintendent a certified copy of the whole grade sharing agreement.
SB21-SSA1,1028,5
1(2m) Pupils with disabilities. (a) Under a whole grade sharing agreement,
2for each pupil with an individualized education program that is in effect, the school
3board of the school district in which the pupil resides shall pay the school board of
4the nonresident school district in which the pupil attends school under the whole
5grade sharing agreement the following amount:
SB21-SSA1,1028,66 1. In the 2016-17 school year, $12,000.
SB21-SSA1,1028,127 2. Beginning in the 2017-18 school year, the sum of the per pupil amount under
8this paragraph for the previous school year; the amount of the per pupil revenue limit
9adjustment under s. 121.91 (2m) for the current school year, if positive; and the
10change in the amount of statewide categorical aid per pupil between the previous
11school year and the current school year, as determined under s. 118.40 (2r) (e) 2p.,
12if positive.
SB21-SSA1,1028,1813 (b) If a pupil with an individualized education program that is in effect attends
14school in a nonresident school district under a whole grade sharing agreement for
15less than a full school term, the resident school board shall prorate the payment
16amount under par. (a) based on the number of days that school is in session during
17that school term and number of days the pupil attends school in the nonresident
18school district during that school term.
SB21-SSA1,1028,22 19(3) Transportation. (a) A pupil's resident school board is responsible for
20transporting the pupil to and from the school the pupil attends during the school
21term under a whole grade sharing agreement, unless the whole grade sharing
22agreement provides otherwise.
SB21-SSA1,1028,2523 (b) 1. Subject to subd. 2., a whole grade sharing agreement shall specify which
24participating school board is responsible for transporting pupils to attend summer
25school classes.
SB21-SSA1,1029,5
12. If a school board provides transportation to attend summer school classes in
2the school district to pupils who reside in the school district, the school board shall
3provide transportation to attend summer school classes in the school district to
4pupils who do not reside in the school district who are attending summer school
5classes in the school district under a whole grade sharing agreement.
SB21-SSA1,1029,86 (c) If, under a whole grade sharing agreement, a school board provides
7transportation for fewer than all pupils, there shall be reasonable uniformity in the
8minimum and maximum distances pupils are transported.
SB21-SSA1,1029,12 9(4) Attendance areas. If a school board enters into a whole grade sharing
10agreement that designates more than one school district for the attendance of its
11pupils, the school board shall establish attendance areas within the school district
12for determining the school districts of attendance of the pupils.
SB21-SSA1,1029,17 13(5) Rights and privileges of nonresident pupils; participation in programs.
14(a) Except as provided in s. 118.134 (3m), a pupil attending a public school in a
15nonresident school district under this section has all of the rights and privileges of
16pupils residing in that school district and is subject to the same rules and regulations
17as pupils residing in that school district.
SB21-SSA1,1029,2118 (b) A pupil attending a public school in a nonresident school district under this
19section is considered a resident of the nonresident school district for the purposes of
20participating in programs of a cooperative educational service agency or a county
21children with disabilities education board.
SB21-SSA1,1030,4 22(6) Full-time open enrollment in a participating nonresident school
23district.
If a whole grade sharing agreement provides for a pupil to attend a grade
24in a nonresident school district in which the pupil is attending school under s. 118.51,
25the pupil's status as a pupil attending the nonresident school district under s. 118.51

1is suspended for the school year the pupil is enrolled in the grade that is subject to
2the whole grade sharing agreement. This subsection does not prevent a pupil from
3continuing to attend the nonresident school district in succeeding school years
4without reapplying, as provided under s. 118.51 (3) (c).
SB21-SSA1,1030,6 5(7) School district reorganization. A whole grade sharing agreement entered
6into under this section is not an order of school district reorganization under ch. 117.
SB21-SSA1,1030,8 7(8) The department may promulgate rules to implement and administer this
8section.
SB21-SSA1,3304 9Section 3304. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ag).
SB21-SSA1,3305 10Section 3305. 118.51 (1) (ad) of the statutes is created to read:
SB21-SSA1,1030,1211 118.51 (1) (ad) "Charter school" excludes a school under contract with an entity
12under s. 118.40 (2r) (b) or the director under s. 118.40 (2x).
SB21-SSA1,3306 13Section 3306. 118.51 (2) of the statutes is amended to read:
SB21-SSA1,1030,2114 118.51 (2) Applicability. A Except as provided in s. 118.50 (6), a pupil may
15attend a public school, including a charter school, prekindergarten, 4-year-old
16kindergarten, or early childhood or school-operated child care program, in a
17nonresident school district under this section, except that a pupil may attend a
18prekindergarten, 4-year-old kindergarten, or early childhood or school-operated
19child care program in a nonresident school district only if the pupil's resident school
20district offers the same type of program that the pupil wishes to attend and the pupil
21is eligible to attend that program in his or her resident school district.
SB21-SSA1,3306e 22Section 3306e. 118.51 (3) (a) 4. of the statutes is amended to read:
SB21-SSA1,1031,323 118.51 (3) (a) 4. On or before the 2nd Friday following the first Monday in June
24following receipt of a copy of the application, if a resident school board denies a pupil's
25enrollment in a nonresident school district under sub. (6), or (7) or (12) (b) 1., the

1resident school board shall notify the applicant and the nonresident school board, in
2writing, that the application has been denied and include in the notice the reason for
3the denial.
SB21-SSA1,3306g 4Section 3306g. 118.51 (3m) (d) (intro.) and 1. of the statutes are consolidated,
5renumbered 118.51 (3m) (d) and amended to read:
SB21-SSA1,1031,106 118.51 (3m) (d) A resident school district may notify an applicant under par.
7(a) that the pupil may not attend a school or program in the nonresident school
8district only for the following reasons: 1. The if the resident school district
9determines that the criteria relied on by the applicant under par. (b) does not apply
10to the pupil.
SB21-SSA1,3306h 11Section 3306h. 118.51 (3m) (d) 2. of the statutes is repealed.
SB21-SSA1,3306m 12Section 3306m. 118.51 (9) of the statutes is amended to read:
SB21-SSA1,1031,2513 118.51 (9) Appeal of rejection. If the nonresident school board rejects an
14application under sub. (3) (a) or (7), the resident school board prohibits a pupil from
15attending public school in a nonresident school district under sub. (3m) (d), (6), or (7)
16or (12) (b) 1., or the nonresident school board prohibits a pupil from attending public
17school in the nonresident school district under sub. (11), the pupil's parent may
18appeal the decision to the department within 30 days after the decision. If the
19nonresident school board provides notice that the special education or related service
20is not available under sub. (12) (a), the pupil's parent may appeal the required
21transfer to the department within 30 days after receipt of the notice. If the resident
22school board provides notice of transfer under sub. (12) (b) 2., the pupil's parent may
23appeal the required transfer to the department within 30 days after receipt of the
24notice.
The department shall affirm the school board's decision unless the
25department finds that the decision was arbitrary or unreasonable.
SB21-SSA1,3306p
1Section 3306p. 118.51 (12) (a) of the statutes is renumbered 118.51 (12).
SB21-SSA1,3306r 2Section 3306r. 118.51 (12) (am) of the statutes is repealed.
SB21-SSA1,3306t 3Section 3306t. 118.51 (12) (b) of the statutes is repealed.
SB21-SSA1,3307 4Section 3307. 118.51 (14) (b) of the statutes is amended to read:
SB21-SSA1,1032,225 118.51 (14) (b) Low-income assistance. The parent of a pupil who is eligible
6satisfies the income eligibility criteria for a free or reduced-price lunch under 42
7USC 1758
(b) (1) and who will be attending public school in a nonresident school
8district in the following school year under this section may apply to the department,
9on the form prepared under sub. (15) (a), for the reimbursement of costs incurred by
10the parent for the transportation of the pupil to and from the pupil's residence and
11the school that the pupil will be attending. The department shall determine the
12reimbursement amount and shall pay the amount from the appropriation under s.
1320.255 (2) (cy). The reimbursement amount may not exceed the actual
14transportation costs incurred by the parent or 3 times the statewide average per
15pupil transportation costs, whichever is less. If the appropriation under s. 20.255 (2)
16(cy) in any one year is insufficient to pay the full amount of approved claims under
17this paragraph, payments shall be prorated among the parents entitled thereto. By
18the 2nd Friday following the first Monday in May following receipt of the parent's
19application under sub. (3) (a), the department shall provide to each parent
20requesting reimbursement under this paragraph an estimate of the amount of
21reimbursement that the parent will receive if the pupil attends public school in the
22nonresident school district in the following school year.
SB21-SSA1,3307p 23Section 3307p. 118.51 (16) (a) 1. of the statutes is amended to read:
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