k. A description of all fees that the director will charge the charter school governing board.
3. a. A contract may include grounds for expelling a pupil from the charter school.
b. If the contract includes grounds for expelling a pupil from the charter school as permitted under subd. 3. a., the contract shall include the procedures to be followed by the charter school prior to expelling a pupil.
4. The director may not contract for the establishment of a virtual charter school.
(c) The director may contract for the establishment of a charter school located only in a school district whose membership, as defined in s. 121.004 (5), is more than 25,000 pupils.
(d) The director shall do all of the following:
1. Ensure that all instructional staff of charter schools established under this subsection hold a license or permit to teach issued by the department.
2. Administer the examinations under ss. 118.30 (1r) and 121.02 (1) (r) to pupils enrolled in charter schools established under this subsection.
(e) 1. Beginning in the 2016-17 school year, from the appropriation under s. 20.255 (2) (fp), for each pupil attending a charter school established under this subsection, the department shall pay to the operator of a charter school established under this subsection an amount equal to the per pupil amount paid to an operator of a charter school under sub. (2r) (e) in that school year.
2. The department shall pay 25 percent of the total amount in September, 25 percent in December, 25 percent in February, and 25 percent in June. The department shall send the check to the operator of the charter school.
(f) 1. Beginning in the 2016-17 school year, subject to s. 121.085 (1), the department shall decrease a school district's state aid payment under s. 121.08 by an amount calculated as follows:
a. Determine the number of pupils residing in the school district for whom a payment is made under par. (e) 1. in that school year.
b. Multiply the number of pupils under subd. 1. a. by the per pupil amount calculated under par. (e) 1. for that school year.
2. If a school district's state aid payment under s. 121.08 is insufficient to cover the reduction under subd. 1., as determined under s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.
3. The department shall ensure that the decrease under subd. 1. does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.
55,3286p
Section 3286p. 118.40 (3) (b) of the statutes is amended to read:
118.40 (3) (b) A contract under par. (a) or under
subs. sub. (2m) or, (2r), or (2x) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid to the charter school during each school year of the contract.
55,3287
Section
3287. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (c) and amended to read:
118.40 (3m) (c) A school board or an entity under sub. (2r) (b) shall give Give preference in awarding contracts for the operation of charter schools to those charter schools that serve children at risk, as defined in s. 118.153 (1) (a).
55,3288
Section
3288. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (b) and amended to read:
118.40 (3m) (b) When establishing or contracting for the establishment of a charter school under this section, a school board or entity specified under sub. (2r) (b) shall consider adhere to the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.
55,3289
Section
3289. 118.40 (3) (f) of the statutes is created to read:
118.40 (3) (f) A contract with a school board, an entity under sub. (2r) (b), or the director under sub. (2x) may provide for the establishment of more than one charter school, and a charter school governing board may enter into more than one contract with a school board, an entity under sub. (2r) (b), or the director under sub. (2x).
55,3290
Section
3290. 118.40 (3) (g) of the statutes is created to read:
118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a contract with a school board, an entity under sub. (2r) (b), or the director under sub. (2x) shall require that if the capacity of the charter school is insufficient to accept all pupils who apply, the charter school shall accept pupils at random.
2. A charter school shall give preference in enrollment to pupils who were enrolled in the charter school in the previous school year and to siblings of pupils who are enrolled in the charter school.
3. A charter school may give preference in enrollment to the children of the charter school's founders, governing board members, and full-time employees, but the total number of such children given preference may constitute no more than 10 percent of the charter school's total enrollment.
55,3291
Section
3291. 118.40 (3m) (intro.) of the statutes is created to read:
118.40 (3m) Authorizing entity duties. (intro.) A school board, an entity under sub. (2r) (b), and the director under sub. (2x) shall do all of the following:
55,3292
Section
3292. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:
118.40 (3m) (a) Solicit and evaluate charter school applications.
(d) Approve only high-quality charter school applications that meet identified educational needs and promote a diversity of educational choices.
(e) In accordance with the terms of each charter school contract, monitor the performance and compliance with this section of each charter school with which it contracts.
(f) Annually, submit to the state superintendent and to the legislature under s. 13.172 (2) a report that includes all of the following:
1. An identification of each charter school operating under contract with it, each charter school that operated under a contract with it but had its contract nonrenewed or revoked or that closed, and each charter school under contract with it that has not yet begun to operate.
2. The academic and financial performance of each charter school operated under contract with it.
3. The operating costs the school board, entity under sub. (2r) (b), or director under sub. (2x) incurred under pars. (a) to (e), detailed in an audited financial statement prepared in accordance with generally accepted accounting principles.
4. The services the school board, entity under sub. (2r) (b), or director under sub. (2x) provided to the charter schools under contract with it and an itemized accounting of the cost of the services.
55,3294
Section
3294. 118.40 (4) (title) of the statutes is amended to read:
118.40 (4) (title) Charter school
governing board; duties, powers, and restrictions.
55,3295
Section
3295. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and 118.40 (4) (ar) (intro.), as renumbered, is amended to read:
118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of the following:
55,3296
Section
3296. 118.40 (4) (ag) of the statutes is created to read:
118.40 (4) (ag) Governing board. Each charter school shall be governed by a governing board that is a party to the contract with the authorizing entity. No more than a minority of the governing board's members may be employees of the charter school or employees or officers of the school district in which the charter school is located.
55,3297
Section
3297. 118.40 (4) (b) (intro.) of the statutes is amended to read:
118.40 (4) (b) Restrictions. (intro.) A charter school governing board may not do any of the following:
55,3298
Section
3298. 118.40 (4) (b) 2. of the statutes is amended to read:
118.40 (4) (b) 2. Except as provided in par. (c) sub. (3) (h), discriminate in admission or deny participation in any program or activity on the basis of a person's sex, race, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.
55,3299
Section
3299. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and amended to read:
118.40 (3) (h) Single-sex schools and courses. A school board may enter into a contract for, and, an entity under sub. (2r), or the director under sub. (2x) may establish or enter into a contract for, the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board or, entity under sub. (2r)
, or the director under sub. (2x) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.
55,3300
Section
3300. 118.40 (4) (d) of the statutes is created to read:
118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school governing board has all the powers necessary to carry out the terms of its contract, including all of the following:
1. To receive and disburse funds for school purposes.
2. To secure appropriate insurance.
3. To enter into contracts, including contracts with a University of Wisconsin institution or college campus, technical college district board, or private college or university, for technical or financial assistance, academic support, curriculum review, or other services.
4. To incur debt in reasonable anticipation of the receipt of funds.
5. To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.
6. To solicit and accept gifts or grants for school purposes.
7. To acquire real property for its use.
8. To sue and be sued in its own name.
55,3300g
Section 3300g. 118.40 (5) (intro.) of the statutes is amended to read:
118.40 (5) Charter revocation. (intro.) A charter may be revoked by the school board or, the entity under sub. (2r) (b), or the director under (2x) that contracted with the charter school if the school board or, if applicable, the entity under sub. (2r) (b) or the director under sub. (2x) finds that any of the following occurred:
55,3300k
Section 3300k. 118.40 (5) (a) of the statutes is amended to read:
118.40 (5) (a) The charter school violated its contract with the school board or, the entity under sub. (2r) (b), or the director under sub. (2x).
55,3300v
Section 3300v. 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 (2x) 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 any school district and no school board may 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. If the Gateway technical college district board contracts for the establishment of a charter school under sub. (2r), Gateway technical college may employ instructional staff for the charter school.
55,3302
Section
3302. 118.43 (1) (b) of the statutes is amended to read:
118.43
(1) (b) "Low income" means
the measure of low income that is used by the school district under 20 USC 2723 pupils who satisfy the income eligibility criteria under 42 USC 1758 (b) (1).
55,3303
Section
3303. 118.50 of the statutes is created to read:
118.50 Whole grade sharing.
(1) Agreement. The school boards of 2 or more school districts may enter into a whole grade sharing agreement that provides for all or a substantial portion of the pupils enrolled in one or more grades, including 4-year-old and 5-year-old kindergarten and prekindergarten classes, in any of the school districts to attend school in one or more of the other school districts for all or a substantial portion of a school day. School boards shall include in a whole grade sharing agreement all of the following:
(a) The term of the agreement, which shall be for one or more entire school years.
(am) The date by which each school board must notify the other participating school boards of its intent to renew the agreement.
(b) The grade levels in each school district that are subject to the agreement.
(c) Subject to sub. (2m), the annual amount that the school board of a pupil's resident school district pays to the school board of the school district that the pupil attends under the agreement.
(d) Which school board grants diplomas to pupils who, under the agreement, graduate from high school in a school district other than the pupil's resident school district.
(e) Which school board is responsible for pupil records, as defined in s. 118.125 (1) (d), for pupils, who under the agreement, attend school in a school district other than the pupil's resident school district.
(2) Procedure. (a) A school board may not enter into, extend, or renew a whole grade sharing agreement after January 10 of the school year preceding the school year in which the agreement, extension, or renewal takes effect.
(b) At least 150 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall adopt a resolution stating its intention to do so. Within 10 days after adoption of the resolution, the school district clerk shall publish notice of the adoption of the resolution as a class 1 notice under ch. 985 in a newspaper published in the school district or post a notice of the adoption of the resolution as provided in s. 10.05.
(c) Within 30 days after publication or posting, a petition signed by at least 20 percent of the electors residing in the school district may be filed with the school board requesting a feasibility study of the agreement. Upon receiving the petition, the school board shall contract with an organization approved by the department to conduct the feasibility study. If a feasibility study is required under this paragraph, the school board may not enter into, extend, or renew a whole grade sharing agreement until it receives the results of the study. The school board shall post the results of the feasibility study on the school district's Internet site.
(d) At least 30 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall hold a public hearing in the school district at which the proposed agreement is described and at which any school district elector may comment on the proposed agreement. Two or more school boards that will be parties to the agreement may hold a joint public hearing in one of the school districts.
(e) No later than 10 days after entering into, extending, or renewing a whole grade sharing agreement, the school district clerk shall file with the state superintendent a certified copy of the whole grade sharing agreement.
(2m) Pupils with disabilities. (a) Under a whole grade sharing agreement, for each pupil with an individualized education program that is in effect, the school board of the school district in which the pupil resides shall pay the school board of the nonresident school district in which the pupil attends school under the whole grade sharing agreement the following amount:
1. In the 2016-17 school year, $12,000.
2. Beginning in the 2017-18 school year, the sum of the per pupil amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.
(b) If a pupil with an individualized education program that is in effect attends school in a nonresident school district under a whole grade sharing agreement for less than a full school term, the resident school board shall prorate the payment amount under par. (a) based on the number of days that school is in session during that school term and number of days the pupil attends school in the nonresident school district during that school term.
(3) Transportation. (a) A pupil's resident school board is responsible for transporting the pupil to and from the school the pupil attends during the school term under a whole grade sharing agreement, unless the whole grade sharing agreement provides otherwise.
(b) 1. Subject to subd. 2., a whole grade sharing agreement shall specify which participating school board is responsible for transporting pupils to attend summer school classes.
2. If a school board provides transportation to attend summer school classes in the school district to pupils who reside in the school district, the school board shall provide transportation to attend summer school classes in the school district to pupils who do not reside in the school district who are attending summer school classes in the school district under a whole grade sharing agreement.
(c) If, under a whole grade sharing agreement, a school board provides transportation for fewer than all pupils, there shall be reasonable uniformity in the minimum and maximum distances pupils are transported.
