Amendment AP8 SSA1-SB2

SB2-SSA1,15,14 119.235 Contracts with private schools and agencies. (1) The board may contract with any nonsectarian private school located in the city or any nonsectarian private agency located in the city to provide educational programs to pupils enrolled in the school district operating under this chapter. The board shall ensure that each private school or agency under contract with the board complies with ss. 118.125 and 118.13, 20 USC 1232g, 20 USC 1681 to 1688, 20 USC 3171 to 3197, 29 USC 794, 42 USC 2000d and 42 USC 6101 to 6107, and all health and safety laws and rules that apply to public schools.

SB2-SSA1,15,16 (2) Each private school or agency under contract with the board shall do all of the following:

SB2-SSA1,15,17 (a) Offer a full school year educational program.

SB2-SSA1,15,18 (b) Participate in the board's parent information program.

SB2-SSA1,15,20 (c) Offer diverse opportunities for parents to participate in the school's programs.

SB2-SSA1,15,21 (d) Meet insurance and financial requirements established by the board.

SB2-SSA1,15,23 (e) Develop a pupil recruitment and enrollment plan that incorporates all of the following:

SB2-SSA1,15,24 1. A good faith effort to achieve racial balance.

SB2-SSA1,16,2 2. A pupil selection process that gives preference to the siblings of enrolled pupils and that gives no other preferences except those approved by the board.

SB2-SSA1,16,4 3. A statement describing how the plan will serve the needs of low-academic achievers and pupils from low-income families.

SB2-SSA1,16,5 (f) Report to the board any information requested by the board.

SB2-SSA1,16,8 (3) Any pupil enrolled in the school district operating under this chapter may attend, at no charge, any private school or agency with which the board has contracted under sub. (1) if space is available in the private school or agency.

SB2-SSA1,16,12 (4) The board shall establish appropriate, quantifiable performance standards for pupils at each private school or agency with which it contracts in such areas as attendance, reading achievement, pupil retention, pupil promotion, parent surveys, credits earned and grade point average.

SB2-SSA1,16,16 (5) Annually, the board shall monitor the performance of the program under this section. The board may use the results of standardized basic educational skills tests to do so. The board shall include a summary of its findings in its annual report to the state superintendent under s. 119.44.

SB2-SSA1, s. 43 Section 43. 119.32 (8) of the statutes is created to read:

SB2-SSA1,16,20 119.32 (8) This section does not apply to the Milwaukee Public Schools beginning on the date that the board of school directors of the Milwaukee Public Schools is abolished under s. 119.92 (2).

SB2-SSA1, s. 44 Section 44. 119.55 (3) of the statutes is created to read:

SB2-SSA1,17,2 119.55 (3) The board shall contract with the Boys and Girls Clubs of Greater Milwaukee to provide case managers at selected middle schools and high schools to work with school staff and pupils and their families to improve the attendance rate of pupils enrolled in the selected schools. The board shall use the funds appropriated under s. 20.255 (2) (ed) to pay the costs of the contracts. No contract under this subsection may extend beyond June 30, 2000.

SB2-SSA1, s. 45 Section 45. 119.76 of the statutes is created to read:

SB2-SSA1,17,6 119.76 After-school programs. From the appropriation under s. 20.255 (2) (ec), the state superintendent shall pay to the board the amounts specified in the spending plan under s. 119.80 for the following programs in each school year:

SB2-SSA1,17,7 (1) After-school educational programs.

SB2-SSA1,17,8 (2) After-school recreational programs.

SB2-SSA1,17,9 (3) After-school health programs.

SB2-SSA1, s. 46 Section 46. 119.83 of the statutes is created to read:

SB2-SSA1,17,14 119.83 Summer school. Beginning in the 1999-2000 school year, the state superintendent shall pay to the board, from the appropriation under s. 20.255 (2) (fs), 50% of the cost incurred by the board to operate summer school in the previous school year.

SB2-SSA1, s. 47 Section 47. Subchapter II of chapter 119 [precedes 119.90] of the statutes is created to read:

SB2-SSA1,17,17 Chapter 119

SB2-SSA1,17,20 SUBCHAPTER II Milwaukee public schools governing commission

SB2-SSA1,17,21 119.90 Definitions. In this subchapter:

SB2-SSA1,17,22 (1) "Commission" means the Milwaukee Public Schools governing commission.

SB2-SSA1,17,23 (2) "Executive director" means the executive director of the system.

SB2-SSA1,17,24 (3) "System" means the Milwaukee Public Schools.

SB2-SSA1,18,5 119.91 Educational achievement criteria. (1) By December 15, 2000, the department, the department of administration and the legislative fiscal bureau shall jointly determine and certify to the governor and the joint committee on finance whether, in the preceding school year, all of the following were true, as calculated and defined by the department of public instruction:

SB2-SSA1,18,6 (a) The system's graduation rate was at least 90%.

SB2-SSA1,18,7 (b) The system's attendance rate was at least 91%.

SB2-SSA1,18,8 (c) The system's dropout rate was no greater than 9%.

SB2-SSA1,18,13 (d) The percentage of pupils enrolled in the 3rd grade in the system whose score on the reading test under s. 121.02 (1) (r) in the preceding school year was at least at the basic level was equal to at least 90% of the percentage of all pupils enrolled in 3rd grade in the state whose score on the test in the preceding school year was at least at the basic level.

SB2-SSA1,18,17 (2) If the department, the department of administration and the legislative fiscal bureau certify that the system meets all of the criteria under sub. (1), then the certification procedure shall be repeated biennially by December 15, unless the system does not meet the educational criteria under sub. (1).

SB2-SSA1,18,19 (3) The department shall calculate the percentages under sub. (1) and (2) without the benefit of rounding.

SB2-SSA1,19,9 119.92 Commission; creation, duties. (1) If the department, the department of administration and the legislative fiscal bureau certify that the system does not meet all of the criteria under s. 119.91, on March 1 of the year following the certification, the commission is established. The commission shall consist of 5 members, all of whom shall reside in the city of Milwaukee. One member shall be appointed by the governor, one member shall be appointed by the state superintendent, one member shall be appointed by the mayor of the city of Milwaukee and 2 members shall be appointed by the common council of the city of Milwaukee. The governor's appointee shall serve as the chairperson of the commission. Unless the context clearly dictates otherwise, any law that applies to the members of the board of school directors of a 1st class city school district applies to the commissioners of the commission, and any law that applies to the president of the board of school directors of a 1st class city school district applies to the chairperson of the commission. Members of the commission shall serve at the pleasure of the appointing authority.

SB2-SSA1,19,15 (2) (a) If the commission is established under sub. (1), on July 1 of the year in which the commission is established, the board of school directors of the system, the position of superintendent of schools for the system and the positions under s. 119.32 (3) are abolished, and the commission assumes management and control of the system. Unless the context clearly dictates otherwise, any law that applies to the board of school directors of a 1st class city school district applies to the commission.

SB2-SSA1,19,16 (b) The commission shall do all of the following:

SB2-SSA1,19,17 1. Attempt to achieve all of the criteria in s. 119.91 (1).

SB2-SSA1,19,18 2. Ensure continuing academic improvement of pupils.

SB2-SSA1,19,20 3. Reduce noninstructional expenditures in the system and use, to the extent practicable, the moneys saved for instructional purposes.

SB2-SSA1,19,21 4. Develop school-based budgeting.

SB2-SSA1,19,23 5. Approve, reject or modify educational reform plans as provided under s. 119.94 (2) (b).

SB2-SSA1,19,24 6. Appoint an executive director.

SB2-SSA1,20,5 7. On July 1 of the year in which the commission is established, establish a body to govern each school in the system beginning in the following school year and determine the governing body's powers, composition and size, the process of selecting the members of the governing body and the terms of its members. The commission may establish different kinds of governing bodies for different schools in the system.

SB2-SSA1,20,10 (3) In any action or proceeding in which the commission is a defendant, service of any summons, writ, pleading or other papers served in commencing the action or proceeding upon the chairperson of the commission and the executive director constitutes service upon the entire commission. It is sufficient to serve on one commissioner any notice required by law to be served upon the commission.

SB2-SSA1,20,16 119.93 Executive director. (1) The executive director appointed under s. 119.92 (2) (b) 6. shall be a person of suitable learning and experience in the art of instruction and shall have practical familiarity with the most approved methods of organizing and conducting a system of schools. Unless the context clearly dictates otherwise, any law that applies to the superintendent of schools of a 1st class city school district, except s. 119.32, applies to the executive director.

SB2-SSA1,20,18 (2) Under the direction of the commission, the executive director shall have general supervision of all of the following:

SB2-SSA1,20,19 (a) The public schools and the manner of conducting and grading such schools.

SB2-SSA1,20,21 (b) The supervisory and administrative employes appointed under sub. (3), principals, vice principals and teachers of the system.

SB2-SSA1,20,23 (3) Subject to the commission's approval, the executive director shall appoint supervisory and administrative employes as determined by the commission.

SB2-SSA1,21,3 (4) The executive director shall be an advisory member of every committee of the commission, except when an inquiry into his or her acts or an investigation of his or her official conduct is under consideration by the committee.

SB2-SSA1,21,5 (5) The executive director shall assign all teachers and engage and assign substitute teachers at the per diem compensation fixed by the commission.

SB2-SSA1,21,8 (6) The executive director shall collect such statistics and information relating to schools and the population entitled to school privileges in the city of Milwaukee as the commission directs.

SB2-SSA1,21,11 (7) Notwithstanding ss. 115.28 (7), 118.19 (1) and 121.02 (1) (a), the commission may appoint an executive director and may employ a business manager who are not licensed by the department.

SB2-SSA1,21,13 119.94 Educational reform plans. (1) This section applies if the commission is established under s. 119.92 (1).

SB2-SSA1,21,17 (2) (a) By February 1 of the year following the establishment of the commission and annually thereafter, each school governing body in the system shall submit to the commission for its review the school's educational reform plan for the following school year that includes all of the following:

SB2-SSA1,21,18 1. The educational goals and expectations of the school governing body.

SB2-SSA1,21,20 2. A description of the educational program of the school, including the method to be followed to ensure parental involvement.

SB2-SSA1,21,22 3. The methods that the school will use to enable pupils to achieve the educational goals and expectations under subd. 1.

SB2-SSA1,21,24 4. The methods that the school will use to measure pupils' progress towards the educational goals and expectations under subd. 1.

SB2-SSA1,21,25 5. An annual budget and operational plan.

SB2-SSA1,22,1 6. A professional development plan.

SB2-SSA1,22,3 (b) Within 60 days of submission of the educational reform plan, the commission shall either approve it, or, if any of the following are true, reject it:

SB2-SSA1,22,5 1. The commission disapproves of the educational goals and expectations contained in the educational reform plan.

SB2-SSA1,22,8 2. The commission determines that the educational program of the school will not allow the school's pupils to meet the educational goals and expectations contained in the educational reform plan.

SB2-SSA1,22,10 3. The commission determines that a modification is necessary to ensure the proper management of the school or the system.

SB2-SSA1,22,15 (c) If the commission rejects the educational reform plan, it shall notify the school governing body in writing of the reasons for the rejection. The school governing body shall submit a revised educational reform plan by May 1. By June 1, the commission shall either approve the revised educational reform plan or modify it for any of the reasons enumerated under par. (b).

SB2-SSA1,22,19 119.95 Commission report. By January 1 of the 4th year after the commission is established, the commission shall submit a report that contains the commission's recommendations for the future governance of the system to the legislature under s. 13.172 (2).

SB2-SSA1, s. 48 Section 48. 121.02 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB2-SSA1,23,7 121.02 (3) Prior to any finding that a school district is not in compliance with the standards under sub. (1), the state superintendent shall, upon request of the school board or upon receipt of a petition signed by the maximum number of electors allowed for nomination papers of school district officers under s. 8.10 (3) (i), (km) or (ks) or 8.15 (6) (f), conduct a public hearing in the school district. If the state superintendent, after the hearing, finds that the district is not in compliance with the standards, the state superintendent may develop with the school board a plan which describes methods of achieving compliance. The plan shall specify the time within which compliance shall be achieved. The state superintendent shall withhold up to 25% of state aid from any school district that fails to achieve compliance within the specified period.

SB2-SSA1, s. 49 Section 49. 121.15 (3m) (b) of the statutes, as affected by 1997 Wisconsin Act 113, is amended to read:

SB2-SSA1,23,15 121.15 (3m) (b) Annually By June 15, 1999, and annually by June 15 thereafter, the department, the department of administration and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals two-thirds of partial school revenues.

SB2-SSA1, s. 50 Section 50. 121.15 (3m) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB2-SSA1,23,20 121.15 (3m) (c) By June 30, 1998 1999, and annually by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the following school year.

SB2-SSA1, s. 51 Section 51. 121.85 (6) (h) of the statutes is created to read:

SB2-SSA1,23,24 121.85 (6) (h) Neighborhood schools. Beginning in the 1998-99 school year, the school district operating under ch. 119 shall allocate a portion of the amount received under par. (a) in each school year to build or lease neighborhood schools.

SB2-SSA1, s. 9156 Section 9156. Nonstatutory provisions; other.

SB2-SSA1,24,8 (1) Educational certification. By December 15, 1999, the department of public instruction, the department of administration and the legislative fiscal bureau shall jointly determine and certify to the governor and the joint committee on finance the graduation, attendance and dropout rates for the Milwaukee Public Schools in the 1998-99 school year and the percentage of pupils enrolled in the 3rd grade in the Milwaukee Public Schools whose score on the reading test under section 121.02 (1) (r) of the statutes in the 1998-99 school year was at least at the basic level, as calculated and defined by the department of public instruction.

SB2-SSA1,24,11 (2) Milwaukee Public Schools governing commission. If the Milwaukee Public Schools governing commission is established, on July 1 of the year in which the commission is established, all of the following shall occur:

SB2-SSA1,24,14 (a) Assets and liabilities. The assets and liabilities of the board of school directors of the Milwaukee Public Schools become assets and liabilities of the Milwaukee Public Schools governing commission.

SB2-SSA1,24,17 (b) Tangible personal property. All tangible personal property, including records, of the board of school directors of the Milwaukee Public Schools is transferred to the Milwaukee Public Schools governing commission.

SB2-SSA1,24,23 (c) Employe status. Except for the superintendent of schools and the appointees of the superintendent of schools under section 119.32 (3) of the statutes, all employes of the board of school directors of the Milwaukee Public Schools become employes of the Milwaukee Public Schools governing commission and have the same rights and status that they enjoyed as employes of the board of school directors of the Milwaukee Public Schools.

SB2-SSA1,25,4 (d) Contract. All contracts entered into by the board of school directors of the Milwaukee Public Schools remain in effect and are transferred to the Milwaukee Public Schools governing commission. The Milwaukee Public Schools governing commission shall carry out any such contractual obligations until modified or rescinded by the Milwaukee Public Schools governing commission to the extent allowed under the contract.

SB2-SSA1,25,10 (e) Pending matters. Any matter pending with the board of school directors of the Milwaukee Public Schools is transferred to the Milwaukee Public Schools governing commission, and all materials submitted to or actions taken before the date on which the commission is established with respect to the pending matter are considered as having been submitted to or taken by the Milwaukee Public Schools governing commission.