ML/PG/JK:all:mp
April 1998 Special Session
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 2
May 19, 1998 - Offered by Representatives Jensen, Stone, Walker and Olsen.
SB2-ASA1,1,9
1An Act to repeal and recreate 111.70 (4) (m) (intro.), 1., 2. and 4., 119.18 (23)
2and 119.235; and
to create 20.855 (8) of the statutes;
relating to: reorganizing
3schools in a 1st class city school system and prohibiting collective bargaining
4with respect to reassignment of employes of a 1st class city school system;
5conversion of private schools to charter schools; educational service contracts
6between the board of school directors for a 1st class city school system and
7private schools and agencies; creating the commission on the future of the
8Milwaukee Public Schools; requiring a referendum in the city of Milwaukee;
9and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB2-ASA1, s. 1
10Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
11the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB2-ASA1, s. 2
1Section
2. 20.855 (8) of the statutes is created to read:
SB2-ASA1,2,52
20.855
(8) Commission on the future of the Milwaukee Public Schools. (a)
3Referendum. The amounts in the schedule to reimburse the city of Milwaukee for the
4cost of conducting the referendum under 1997 Wisconsin Act .... (this act), section
59156 (1) (d
).
SB2-ASA1, s. 3
6Section
3. 111.70 (4) (m) (intro.), 1., 2. and 4. of the statutes are repealed and
7recreated to read:
SB2-ASA1,2,98
111.70
(4) (m)
Prohibited subjects of bargaining. (intro.) In a school district,
9the municipal employer is prohibited from bargaining collectively with respect to:
SB2-ASA1,2,1610
1. Reassignment of municipal employes who perform services for a board of
11school directors under ch. 119 and who are licensed by the state superintendent of
12public instruction, with or without regard to seniority, as a result of a decision of the
13board of school directors to contract with an individual or group to operate a school
14as a charter school, as defined in s. 115.001 (1), or to convert a school to a charter
15school, or the impact of any such reassignment on the wages, hours or conditions of
16employment of those municipal employes.
SB2-ASA1,3,317
2. Reassignment of municipal employes who perform services for a board of
18school directors and who are licensed by the state superintendent of public
19instruction, with or without regard to seniority, as a result of the decision of the board
1to reorganize a school under s. 119.18 (23), or the impact of any such reassignment
2on the wages, hours or conditions of employment of those municipal employes. This
3subdivision does not apply after June 30, 2001.
SB2-ASA1,3,84
4. Any decision of a board of school directors to contract with a school or agency
5to provide educational programs under s. 119.235, or the impact of any such decision
6on the wages, hours or conditions of employment of the municipal employes who
7perform services for the board and who are licensed by the state superintendent of
8public instruction.
SB2-ASA1, s. 4
9Section
4. 119.18 (23) of the statutes is repealed and recreated to read:
SB2-ASA1,3,1710
119.18
(23) School reorganizations. The board may reorganize any school
11that it determines is low in performance by adopting a resolution to that effect. If
12the superintendent of schools recommends to the board that a school be reorganized,
13he or she shall state the reasons for the recommendation in writing. If the board
14reorganizes a school, the superintendent of schools may reassign the school's staff
15members who are licensed by the state superintendent without regard to seniority
16in service and may reassign other employes of the board who are licensed by the state
17superintendent to the school without regard to seniority in service.
SB2-ASA1, s. 5
18Section
5. 119.235 of the statutes is repealed and recreated to read:
SB2-ASA1,4,2
19119.235 Contracts with private schools and agencies. (1) The board may
20contract with any nonsectarian private school located in the city or any nonsectarian
21private agency located in the city to provide educational programs to pupils enrolled
22in the school district operating under this chapter. The board shall ensure that each
23private school or agency under contract with the board complies with ss. 118.125 and
24118.13,
20 USC 1232g,
20 USC 1681 to
1688,
20 USC 3171 to
3197,
29 USC 794,
42
1USC 2000d and
42 USC 6101 to
6107, and all health and safety laws and rules that
2apply to public schools.
SB2-ASA1,4,4
3(2) Each private school or agency under contract with the board shall do all of
4the following:
SB2-ASA1,4,55
(a) Offer a full school year educational program.
SB2-ASA1,4,66
(b) Participate in the board's parent information program.
SB2-ASA1,4,87
(c) Offer diverse opportunities for parents to participate in the school's
8programs.
SB2-ASA1,4,99
(d) Meet insurance and financial requirements established by the board.
SB2-ASA1,4,1110
(e) Develop a pupil recruitment and enrollment plan that incorporates all of the
11following:
SB2-ASA1,4,1212
1. A good faith effort to achieve racial balance.
SB2-ASA1,4,1413
2. A pupil selection process that gives preference to the siblings of enrolled
14pupils and that gives no other preferences except those approved by the board.
SB2-ASA1,4,1615
3. A statement describing how the plan will serve the needs of low-academic
16achievers and pupils from low-income families.
SB2-ASA1,4,1717
(f) Report to the board any information requested by the board.
SB2-ASA1,4,20
18(3) Any pupil enrolled in the school district operating under this chapter may
19attend, at no charge, any private school or agency with which the board has
20contracted under sub. (1) if space is available in the private school or agency.
SB2-ASA1,4,24
21(4) The board shall establish appropriate, quantifiable performance standards
22for pupils at each private school or agency with which it contracts in such areas as
23attendance, reading achievement, pupil retention, pupil promotion, parent surveys,
24credits earned and grade point average.
SB2-ASA1,5,4
1(5) Annually, the board shall monitor the performance of the program under
2this section. The board may use the results of standardized basic educational skills
3tests to do so. The board shall include a summary of its findings in its annual report
4to the state superintendent under s. 119.44.
SB2-ASA1,5,66
(1)
Commission on the future of the Milwaukee Public Schools; referendum.
SB2-ASA1,5,87
(a) There is created a commission on the future of the Milwaukee Public Schools
8consisting of the following members:
SB2-ASA1,5,10
91. The speaker of the assembly and the leader of the minority party in the
10assembly or their designees, who shall be representatives to the assembly.
SB2-ASA1,5,12
112. The majority and minority party leaders in the senate or their designees, who
12shall be senators.
SB2-ASA1,5,14
133. The mayor of the city of Milwaukee or his or her designee, who shall reside
14in the city of Milwaukee.
SB2-ASA1,5,16
154. One person appointed by the school board operating under chapter 119 of the
16statutes, who shall reside in the city of Milwaukee.
SB2-ASA1,5,18
175. Three persons appointed by the governor, all of whom shall reside in the city
18of Milwaukee.
SB2-ASA1,5,2119
(b) The speaker of the assembly or his or her designee, whoever is a member
20of the commission, shall call the initial meeting of the commission. At the initial
21meeting, the members shall elect a chairperson.
SB2-ASA1,6,322
(c)
By December 31, 1998, the commission shall submit a report to the governor,
23the mayor of the city of Milwaukee, the school board operating under chapter 119 of
24the statutes, and the legislature in the manner provided by section 13.172 (2) of the
25statutes. The report shall describe the commission's proposal for the future policy
1direction of the Milwaukee Public Schools and shall include the text of the questions
2to be submitted to the electors of the city of Milwaukee at the referendum to be held
3under paragraph (d).
SB2-ASA1,6,74
(d)
There shall be submitted to the electors of the city of Milwaukee, at a
5referendum to be held at the spring election in April 1999, one or more questions
6which shall be proposed by the commission, for advisory purposes only, concerning
7the future policy direction of the Milwaukee Public Schools.
SB2-ASA1,6,148
(e)
The board of election commissioners of the city of Milwaukee may submit
9to the department of administration a statement of its costs incurred in conducting
10the referendum to be held under paragraph (d
). The department of administration
11shall audit and reimburse the treasurer of the city of Milwaukee for all such lawful
12costs incurred from the appropriation under section 20.855 (8) (a) of the statutes, as
13created by this act, to the extent that the moneys appropriated under that paragraph
14are sufficient to make that reimbursement.
SB2-ASA1,6,2016
(1)
Supplemental appropriations. In the schedule under section 20.005 (3) of
17the statutes for the appropriation to the joint committee on finance under section
1820.865 (4) (a) of the statutes, as affected by the acts of 1997, the dollar amount is
19increased by $25,000 for fiscal year 1998-99 to increase funding for the purpose
20specified in
Section 9156 (1) (e
) of this act.
SB2-ASA1,7,222
(1)
Collective bargaining. The treatment of section 111.70 (4) (m) (intro.), 1.,
232. and 4. of the statutes first applies to employes who are affected by a collective
24bargaining agreement that contains provisions inconsistent with that treatment on
1the day on which the collective bargaining agreement expires or is extended,
2modified or renewed, whichever occurs first.