16,2673p Section 2673p. 118.045 (3) of the statutes is amended to read:
118.045 (3) A school board may commence the school term before September 1 in any school year if it holds a public hearing on the issue and adopts a resolution to that effect in that school year the school board requests the department to allow it to commence the school term before September 1 and the school board includes reasons with its request. The department may grant a request only if it determines that there are extraordinary reasons for granting it. The department shall promulgate rules to implement and administer this subsection.
16,2674d Section 2674d. 118.06 (title) of the statutes is amended to read:
118.06 (title) Flag and, pledge of allegiance, and national anthem.
16,2674j Section 2674j. 118.06 (2) of the statutes is amended to read:
118.06 (2) Every public and private school shall offer the pledge of allegiance or the national anthem in grades one to 8 at the beginning of 12 each school at least one day per week. Every private school shall offer the pledge of allegiance or the national anthem in grades one to 12 each school day unless the governing body of the private school determines that the requirement conflicts with the school's religious doctrines. No pupil may be compelled, against the pupil's objections or those of the pupil's parents or guardian, to recite the pledge or to sing the anthem.
16,2679m Section 2679m. 118.135 of the statutes is created to read:
118.135 Eye examinations and evaluations. (1) Beginning in the 2002-03 school year, each school board and each charter school shall request each pupil entering kindergarten to provide evidence that the pupil has had his or her eyes examined by an optometrist licensed under ch. 449 or evaluated by a physician licensed under ch. 448.
(2) A pupil who complies with a request under sub. (1) shall provide evidence of an eye examination or evaluation by December 31 following the pupil's enrollment in kindergarten. The school board or charter school shall provide pupils with the form distributed by the department of regulation and licensing under s. 440.03 (16) for that purpose.
(3) To the extent feasible, the medical examining board and the optometry examining board shall encourage physicians and optometrists, for the purpose of this section, to conduct free eye examinations or evaluations of pupils who are in financial need and do not have insurance coverage for eye examinations or evaluations.
16,2679t Section 2679t. 118.163 (1m) (c) of the statutes is created to read:
118.163 (1m) (c) An order for the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the person is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center as described in s. 938.342 (1d) (c).
16,2679u Section 2679u. 118.163 (2) (L) of the statutes is created to read:
118.163 (2) (L) An order for the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the person is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center as described in s. 938.342 (1g) (k).
16,2695e Section 2695e. 118.29 (2) (a) 2r. of the statutes is created to read:
118.29 (2) (a) 2r. Except for glucagon administered under subd. 2., may administer glucagon to any pupil who appears to be experiencing a severe hypoglycemic event if, as soon as practicable, the school bus operator, employee, or volunteer reports the event to an emergency medical service provider.
16,2695m Section 2695m. 118.29 (2) (a) 3. of the statutes is amended to read:
118.29 (2) (a) 3. Is immune from civil liability for his or her acts or omissions in administering a drug or prescription drug to a pupil under subd. 1., 2. or, 2m., or 2r. unless the act or omission constitutes a high degree of negligence. This subdivision does not apply to health care professionals.
16,2700 Section 2700. 118.30 (1m) (a) of the statutes is amended to read:
118.30 (1m) (a) 1. Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. Beginning on July 1, 2002, if the school board has not developed and adopted its own 4th grade examination, the school board shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
2. Beginning on July 1, 2002, if the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. The school board shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
16,2702 Section 2702. 118.30 (1m) (am) of the statutes is amended to read:
118.30 (1m) (am) 1. Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. Beginning on July 1, 2002, if the school board has not developed and adopted its own 8th grade examination, the school board shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
2. Beginning on July 1, 2002, if the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. The school board shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
16,2703m Section 2703m. 118.30 (1m) (d) of the statutes is amended to read:
118.30 (1m) (d) If the school board operates high school grades, beginning in the 2002-03 2004-05 school year administer the high school graduation examination adopted by the school board under sub. (1g) (b) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 11th and 12th grades. The school board shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.
16,2704 Section 2704. 118.30 (1r) (a) of the statutes is amended to read:
118.30 (1r) (a) 1. Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the charter school in the 4th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed or adopted its own 4th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the charter school in the 4th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
16,2706 Section 2706. 118.30 (1r) (am) of the statutes is amended to read:
118.30 (1r) (am) 1. Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the charter school in the 8th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed and adopted its own 8th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the charter school in the 8th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to take the examination administered under this subdivision.
16,2707m Section 2707m. 118.30 (1r) (d) of the statutes is amended to read:
118.30 (1r) (d) If the charter school operates high school grades, beginning in the 2002-03 2004-05 school year, administer the high school graduation examination adopted by the operator of the charter school under sub. (1g) (b) to all pupils enrolled in the 11th and 12th grades in the charter school. The operator of the charter school shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.
16,2709m Section 2709m. 118.30 (2) (f) of the statutes is created to read:
118.30 (2) (f) Each school board, and each operator of a charter school under s. 118.40 (2r), shall ensure that no pupil uses a calculator while taking the 4th grade examination under sub. (1m) or (1r).
16,2712m Section 2712m. 118.30 (3) of the statutes is renumbered 118.30 (3) (a) and amended to read:
118.30 (3) (a) The state superintendent shall make available upon request, allow a person to view an examination required to be administered under this section if the person submits to the state superintendent a written request to do so within 90 days after the date of administration, any of the examination required to be administered under this section. This subsection paragraph does not apply while the an examination is being developed or validated.
16,2714m Section 2714m. 118.30 (3) (b) of the statutes is created to read:
118.30 (3) (b) The state superintendent shall promulgate rules establishing procedures to administer par. (a). To the extent feasible, the rules shall protect the security and confidentiality of the examinations required to be administered under this section.
16,2718m Section 2718m. 118.33 (1) (f) of the statutes is amended to read:
118.33 (1) (f) 1. By September 1, 2002 2004, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under par. (a). The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (d), the pupil's academic performance and the recommendations of teachers. Except as provided in subd. 2., the criteria apply to pupils enrolled in charter schools located in the school district.
2. By September 1, 2002 2004, each operator of a charter school under s. 118.40 (2r) that operates high school grades shall develop a policy specifying criteria for granting a high school diploma. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1r) (d), the pupil's academic performance and the recommendations of teachers.
3. Beginning September 1, 2003 2005, neither a school board nor an operator of a charter school under s. 118.40 (2r) may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2.
16,2725m Section 2725m. 118.38 (1) (a) 8. of the statutes is created to read:
118.38 (1) (a) 8. The commencement of the school term under s. 118.045.
16,2725mb Section 2725mb. 118.40 (2r) (a) of the statutes is repealed and recreated to read:
118.40 (2r) (a) In this subsection, "instructional staff" has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.
16,2725md Section 2725md. 118.40 (2r) (b) of the statutes is renumbered 118.40 (2r) (b) 1. (intro.) and amended to read:
118.40 (2r) (b) 1. (intro.) The common council of the city of Milwaukee, the chancellor of the University of Wisconsin-Milwaukee and the Milwaukee area technical college district board All of the following entities may establish by charter and operate a charter school or, on behalf of their respective entities, may initiate a contract with an individual or group to operate a school as a charter school.:
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. 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.
16,2725mf Section 2725mf. 118.40 (2r) (b) 1. a. to d. of the statutes are created to read:
118.40 (2r) (b) 1. a. The common council of the city of Milwaukee.
b. The chancellor of the University of Wisconsin-Milwaukee.
c. On a pilot basis, the chancellor of the University of Wisconsin-Parkside.
d. The Milwaukee area technical college district board.
16,2725mg Section 2725mg. 118.40 (2r) (b) 3. of the statutes is created to read:
118.40 (2r) (b) 3. If the chancellor of the University of Wisconsin-Parkside contracts for the establishment of a charter school, the contract shall also provide that the charter school must be operated by a governing board and that the chancellor or his or her designee must be a member of the governing board. In addition, if the contract provides that the instructional staff of the charter school shall consist of employees of the board of regents of the University of Wisconsin System, the contract shall also include provisions that do all of the following:
a. Delegate to the governing board of the charter school the board of regents' authority to establish and adjust all compensation and fringe benefits of instructional staff, subject to the terms of any collective bargaining agreement under subch. V of ch. 111 that covers the instructional staff. In the absence of a collective bargaining agreement, the governing board may establish and adjust all compensation and fringe benefits of the instructional staff only with the approval of the chancellor of the University of Wisconsin-Parkside.
b. Authorize the governing board of the charter school to perform specified duties for the board of regents with respect to the instructional staff. This authorization may include duties related to supervising the instructional staff, taking disciplinary actions with respect to the instructional staff, recommending new hires or layoffs, collective bargaining, claims, complaints, or benefits and records administration.
16,2725mh Section 2725mh. 118.40 (2r) (bm) of the statutes is created to read:
118.40 (2r) (bm) The common council of the city of Milwaukee, the chancellor of the University of Wisconsin-Milwaukee, and the Milwaukee area technical college district board may only establish or enter into a contract for the establishment of a charter school located in the school district operating under ch. 119. 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.
16,2725mi Section 2725mi. 118.40 (2r) (c) of the statutes is renumbered 118.40 (2r) (c) 2., and 118.40 (2r) (c) 2. (intro.), as renumbered, is amended to read:
118.40 (2r) (c) 2. (intro.) An entity under par. (b) may not establish or enter into a contract for the establishment of a charter school located outside of the school district operating under ch. 119. A pupil residing within the school district operating under ch. 119 may attend a charter school established in the school district operating under ch. 119 under this subsection only if one of the following applies:
16,2725mk Section 2725mk. 118.40 (2r) (c) 1. of the statutes is created to read:
118.40 (2r) (c) 1. Only pupils who reside in the school district in which a charter school established under this subsection is located may attend the charter school.
16,2725mL Section 2725mL. 118.40 (2r) (cm) of the statutes is created to read:
118.40 (2r) (cm) The chancellor of the University of Wisconsin-Parkside may establish or enter into a contract for the establishment of only one charter school under this subsection, which may not operate high school grades and which may not accommodate more than 400 pupils.
16,2725mn Section 2725mn. 118.40 (2r) (e) of the statutes is renumbered 118.40 (2r) (e) 1. and amended to read:
118.40 (2r) (e) 1. 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 subdivision in the previous school year and the amount of revenue increase per pupil allowed under subch. VII of ch. 121 in the current school year, multiplied by the number of pupils attending the charter school. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school.
16,2725mp Section 2725mp. 118.40 (2r) (e) 2. of the statutes is created to read:
118.40 (2r) (e) 2. If the chancellor of the University of Wisconsin-Parkside establishes or contracts for the establishment of a charter school under this subsection, in March the department shall pay to the unified school district in which the charter school is located, from the appropriation under s. 20.255 (2) (fm), an amount equal to the amount of school aid per pupil to which the unified school district is eligible in the current school year multiplied by the number of pupils attending the charter school who were previously enrolled in the unified school district.
16,2725mq Section 2725mq. 118.40 (2r) (f) of the statutes is created to read:
118.40 (2r) (f) If the chancellor of the University of Wisconsin-Parkside establishes or contracts for the establishment of a charter school under this subsection, biennially the chancellor shall submit a report to the legislature under s. 13.172 (2). The report shall include information on the academic performance of the pupils who attend the charter school and on the success of the governance structure of the charter school.
16,2725t Section 2725t. 118.40 (7) (am) 2. of the statutes is amended to read:
118.40 (7) (am) 2. A charter school established under sub. (2r) or a private school located in the school district operating under ch. 119 that is converted to a charter school is not an instrumentality of the any school district operating under ch. 119 and the no school board of that school district may not employ any personnel for the charter school. If the chancellor of the University of Wisconsin-Parkside contracts for the establishment of a charter school under sub. (2r), the board of regents of the University of Wisconsin System may employ instructional staff for the charter school.
16,2729 Section 2729. 118.43 (2) (f) of the statutes is repealed.
16,2730 Section 2730. 118.43 (2) (g) of the statutes is created to read:
118.43 (2) (g) The department may renew an achievement guarantee contract under pars. (b), (bg), and (br) for one or more terms of 5 school years. As a condition of receiving payments under a renewal of an achievement guarantee contract, a school board shall maintain the reduction of class size achieved during the last school year of the original achievement guarantee contract for the grades specified for the last school year of the contract.
16,2734 Section 2734. 118.43 (6) (b) 7. of the statutes is amended to read:
118.43 (6) (b) 7. In the 2001-02 and 2002-03 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (am) and by renewals of contracts under sub. (2) (g). After making these payments, the department shall pay school districts on behalf of schools that are covered by contracts under sub. (3) (ar), an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar).
16,2735 Section 2735. 118.43 (6) (b) 8. of the statutes is amended to read:
118.43 (6) (b) 8. In the 2003-04 and 2004-05 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar) and by renewals of contracts under sub. (2) (g).
16,2738 Section 2738. 118.51 (3) (a) 2. of the statutes is amended to read:
118.51 (3) (a) 2. A nonresident school board may not act on any application received under subd. 1. until after the 3rd Friday following the first Monday in February. If a nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept on a random basis, after giving preference to pupils and to siblings of pupils who are already attending public school in the nonresident school district. If a nonresident school board determines that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless accept an applicant who is already attending school in the nonresident school district or a sibling of the applicant.
16,2739 Section 2739. 118.51 (4) (a) 3. of the statutes is amended to read:
118.51 (4) (a) 3. A statement of the preference required under sub. (5) (c) (3) (a) 2.
16,2740 Section 2740. 118.51 (5) (a) (intro.) of the statutes is amended to read:
118.51 (5) (a) Permissible criteria. (intro.) Except as provided in par. (c) sub. (3) (a) 2., the criteria for accepting and rejecting applications from nonresident pupils under sub. (3) (a) may include only the following:
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