2015 - 2016 LEGISLATURE
February 15, 2016 - Introduced by Representatives Brostoff, Considine, Berceau,
Goyke and Barnes, cosponsored by Senator C. Larson. Referred to Committee
1An Act to repeal
118.44; to amend
20.255 (2) (cu), 118.38 (1) (a) 9., 118.43 (6) 2
(b) 11., 118.43 (7), 118.60 (2) (a) (intro.) and 119.23 (2) (a) (intro.); to repeal and
118.43 (9); and to create
118.435, 118.60 (12) and 119.23 (12) of the 4
statutes; relating to: terminating parental choice programs, repealing the
5achievement gap reduction program, expanding the student achievement
6guarantee program, granting rule-making authority, and making an
Analysis by the Legislative Reference Bureau
This bill repeals the Achievement Gap Reduction (AGR) program created in 2015 Wisconsin Act 53
, reinstates an expanded Student Achievement Guarantee in
Education (SAGE) program, and phases out the Milwaukee, Racine, and statewide
parental choice programs (together, choice programs).
Both the AGR and SAGE programs are categorical aid programs that provide
funding to participating schools for low-income pupils enrolled in participating
grades if the participating school complies with a five-year contract entered into
between a school board, on behalf of the participating school, and the Department
of Public Instruction (DPI). Under the AGR program repealed in this bill, a
participating grade is a grade from kindergarten to third grade that is subject to an
AGR contract. The expanded SAGE program established under this bill applies to
all grades, from four-year-old kindergarten through grade 12.
Under the AGR program repealed in this bill, a school board must implement
one or more of the following strategies in each class in each participating grade at
each participating school:
1. Reduce the class size to 18 pupils or, if a classroom has at least two regular
classroom teachers, to 30 pupils, and provide professional development on small
2. Provide instructional coaching for teachers.
3. Provide one-to-one tutoring to pupils who struggle with reading or math.
Under the expanded SAGE program created in this bill, each participating school
must reduce the class size of each class in the school to 18 pupils or, if a classroom
has at least two regular classroom teachers, to 30 pupils. In addition, the school
(a) Ensure that certain education and human services are available in each
(b) Ensure that a rigorous curriculum is provided in each participating school.
(c) Provide staff development and require professional staff accountability for
staff in each participating school.
Under the AGR program repealed in this bill, DPI must pay to a school board
under an AGR contract a per pupil amount determined by dividing the amount
appropriated to the AGR program by the total number of pupils enrolled in a
participating class. Under the expanded SAGE program created in this bill, DPI
must pay $2,250 for each pupil in a participating class. Under the bill, DPI must
annually adjust the per pupil payment to reflect the percentage change in the
consumer price index, if that change is positive. The repeal of the AGR takes effect
immediately; the bill permits school boards to enter into contracts under the
expanded SAGE program in the 2016-17 school year.
Also under this bill, beginning in the 2016-17 school year, no private school may
participate in a choice program unless the school was participating in the program
in the 2015-16 school year. Also under the bill, no pupil may attend a private school
under a choice program unless the pupil was attending that private school under the
program in the 2015-16 school year.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
(cu) Achievement gap reduction guarantee contracts. The amounts 2in the schedule A sum sufficient
for aid to school districts under s. 118.435 and for
3aid to school districts
and the program evaluation under ss. s.
118.43 and 118.44
(a) 9. The requirements established for achievement guarantee 7
contracts under s. 118.43 and for achievement gap reduction contracts the expanded
8student achievement guarantee program
under s. 118.44 118.435
(b) 11. For the 2016-17 school year and any subsequent school year, 12
the amount determined under s. 118.44 (6) 118.435
multiplied by the number of 13
low-income pupils enrolled in a grade eligible for funding, and in a class in which the 14
class size has been reduced in the manner required under sub. (3) (a), (am), (ar), or 15
(at) or permitted under sub. (3m), in each school in the school district covered by 16
renewals of contracts under sub. (2) (g).
118.43 (7) Evaluation.
Beginning in the 1996-97 school year and ending in the 202014-2015 2015-16
school year, the department shall arrange for an evaluation of 21
the program under this section and shall allocate from the appropriation under s. 22
20.255 (2) (cu) $250,000 for that purpose.
118.43 (9) Sunset.
No contract may be entered into or renewed under this 2
section after the 2015-16 school year.
118.435 of the statutes is created to read:
4118.435 Expanded student achievement guarantee program; state aid.
5(1) Legislative findings.
The legislature finds that the voucher program 6
established under ss. 118.60, 2013 stats., and 119.23, 2013 stats., is a failed 7
experiment. The legislature further finds that the student achievement guarantee 8
in education program established under s. 118.43 has had measurable impacts on 9
pupils enrolled in schools that have entered into contracts with the department 10
under that section as compared to pupils who were enrolled in schools not 11
participating in the program established under s. 118.43. These impacts include 12
improved reading academic growth in kindergarten, improved mathematics and 13
reading academic growth from kindergarten through 3rd grade, and a positive effect 14
on students from economically disadvantaged backgrounds completing high school. 15
The legislature finds that the student achievement guarantee in education program 16
should be expanded under this section and that state resources allocated to the 17
voucher program should be redirected to the program under this section.
In this section:
(a) "Class size" means the number of pupils assigned to a regular classroom 20
teacher on the 3rd Friday of September.
(b) "Low-income pupils" means pupils who satisfy the income eligibility 22
criteria under 42 USC 1758
(c) "Participating school" means an eligible school that is subject to a contract 24
under this section.
(a) Eligible school districts.
A school district that has a contract 2
under s. 118.43 on the effective date of this paragraph .... [LRB inserts date], is an 3
eligible school district and may enter into a contract with the department under sub. 4
(b) Individual school under student achievement guarantee contract.
A school 6
is eligible to participate in the program under this section if the school is subject to 7
a contract under s. 118.43 on the effective date of this paragraph .... [LRB inserts 8
(c) Low-income schools.
A school is eligible to participate in the program under 10
this section if, in the previous school year, the school had an enrollment that was at 11
least 30 percent low-income pupils.
(a) Contract with eligible school district.
In the 2016-17 school 13
year, the school board of an eligible school district may enter into a 5-year contract 14
with the department on behalf of one or more schools in the school district that are 15
eligible under sub. (3) (b).
(b) Contract with school district of eligible school.
Beginning in the 2016-17 17
school year and in any school year thereafter, the school board of a school district may 18
enter into a 5-year contract with the department on behalf of one or more schools in 19
the school district that are eligible under sub. (3) (c).
(c) Waiver of contract terms prohibited
. No contract entered into under this 21
section may include a waiver of any requirement of or rule promulgated under the 22
authority of this section.
23(5) Contract requirements.
The department shall require each school board 24
that has entered into a contract under sub. (4) to do all of the following in each 25
(a) Reduction in class size.
Reduce class size in one of the following manners:
1. Reduce the class size in each class in the school to 18 in the following manner:
a. In the first school year of the contract, in at least the 2 lowest grades taught 4
in the school. For a school that offers elementary grades, the lowest grade is 5
b. In the 2nd school year of the contract, in at least the 3 lowest grades taught 7
in the school.
c. In the 3rd school year of the contract and in every other school year of the 9
contract, in each grade taught in the school.
2. Combine 2 classes subject to the class size limitation under subd. 1. in any 11
school covered by the contract if all of the following apply to that combined class: