Amendment AP8 SSA2-SB2

LRBs0722/3

ML/PG/JK/RC:all:ch

April 1998 Special Session

1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO SENATE BILL 2

May 18, 1998 - Offered by Joint committee on Finance.

SB2-SSA2,2,10 An Act to repeal 119.06 (3) (intro.) and (a) and 119.07; to renumber and amend 119.06 (3) (b); to amend 20.255 (2) (ec), 20.255 (2) (ed), 118.43 (2) (c), 119.06 (4) (b), 119.06 (5) and (6), 119.08 (1) (a) and (b), 119.08 (2) and (3), 119.08 (4) and 119.10 (1); to repeal and recreate 111.70 (4) (m) (intro.), 1., 2. and 4., 118.40 (3) (c), 119.18 (23) and 119.235; and to create 20.255 (2) (fs), 111.70 (4) (cm) 2m., 111.70 (4) (m) 5., 119.07, 119.55 (3), 119.76, 119.90 and 121.85 (6) (h) of the statutes; relating to: the method of election of members of the board of school directors in 1st class city school systems; contract negotiation meetings between a board of school directors for a 1st class city school system and any labor organization recognized or certified to represent school district professional employes under the municipal employment relations act; reorganizing schools in a 1st class city school system and prohibiting collective bargaining with respect to reassignment of employes of a 1st class city school system; conversion of private schools to charter schools; educational service contracts between the board of school directors for a 1st class city school system and private schools and agencies; measuring whether schools in the Milwaukee Public Schools meet certain educational criteria; creating local reform councils for certain schools in the Milwaukee Public Schools; the use of intradistrict transfer aid to build or lease neighborhood schools; contracts with the Boys and Girls Clubs of Greater Milwaukee to improve attendance at selected schools; aid to the Milwaukee Public Schools for after-school programs; aid to the Milwaukee Public Schools for summer school; achievement guarantee contracts for the Milwaukee Public Schools; and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB2-SSA2, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB2-SSA2, s. 2 Section 2. 20.255 (2) (ec) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB2-SSA2,3,7 20.255 (2) (ec) Aid to Milwaukee public schools. The amounts in the schedule to correct the academic deficiencies of educationally and economically disadvantaged pupils and to achieve a more effective and responsive educational program in the school district operating under ch. 119. In the 1998-99 school year, moneys in this appropriation may also be used for the purposes specified in s. 119.76. In the 1993-94 fiscal year and in each fiscal year thereafter, the amount in the schedule shall be distributed according to the spending plan under s. 119.80. The department of public instruction may not distribute any funds in the appropriation under this paragraph in the 1993-94 fiscal year or in any fiscal year thereafter until the spending plan for that fiscal year has been approved under s. 119.80.

SB2-SSA2, s. 3 Section 3. 20.255 (2) (ed) of the statutes is amended to read:

SB2-SSA2,3,13 20.255 (2) (ed) (title) Youth service centers, truancy Truancy abatement and burglary suppression. The amounts in the schedule for youth service centers, truancy abatement and burglary suppression under 1993 Wisconsin Act 16, section 9145 (1t) (b) s. 119.55 (3). No moneys may be encumbered under this paragraph after June 30, 1996 2000.

SB2-SSA2, s. 4 Section 4. 20.255 (2) (fs) of the statutes is created to read:

SB2-SSA2,3,18 20.255 (2) (fs) Summer school; 1st class city school districts. The amounts in the schedule for a grant to the school district operating under ch. 119 for summer school costs in 1998. No moneys may be encumbered from this appropriation after June 30, 1999.

SB2-SSA2, s. 5 Section 5. 111.70 (4) (cm) 2m. of the statutes is created to read:

SB2-SSA2,4,2 111.70 (4) (cm) 2m. `Open meetings.' The contract negotiation meetings between a board of school directors under ch. 119 and a labor organization recognized or certified to represent school district professional employes shall be open to the public at the request of either party or the parties jointly. This subdivision shall apply only to contract negotiation meetings that are conducted after the presentation of initial collective bargaining proposals under subd. 2. but before the commencement of mediation under subd. 3. Failure to comply with this subdivision is not cause to invalidate a collective bargaining agreement under this subchapter.

SB2-SSA2, s. 6 Section 6. 111.70 (4) (m) (intro.), 1., 2. and 4. of the statutes are repealed and recreated to read:

SB2-SSA2,4,6 111.70 (4) (m) Prohibited subjects of bargaining. (intro.) In a school district, the municipal employer is prohibited from bargaining collectively with respect to:

SB2-SSA2,4,13 1. Reassignment of municipal employes who perform services for a board of school directors under ch. 119 and who are licensed by the state superintendent of public instruction, with or without regard to seniority, as a result of a decision of the board of school directors to contract with an individual or group to operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school to a charter school, or the impact of any such reassignment on the wages, hours or conditions of employment of those municipal employes.

SB2-SSA2,4,19 2. Reassignment of municipal employes who perform services for a board of school directors and who are licensed by the state superintendent of public instruction, with or without regard to seniority, as a result of the decision of the board to reorganize a school under s. 119.18 (23), or the impact of any such reassignment on the wages, hours or conditions of employment of those municipal employes. This subdivision does not apply after June 30, 2001.

SB2-SSA2,4,24 4. Any decision of a board of school directors to contract with a school or agency to provide educational programs under s. 119.235, or the impact of any such decision on the wages, hours or conditions of employment of the municipal employes who perform services for the board and who are licensed by the state superintendent of public instruction.

SB2-SSA2, s. 7 Section 7. 111.70 (4) (m) 5. of the statutes is created to read:

SB2-SSA2,5,6 111.70 (4) (m) 5. Reassignment of municipal employes who perform services for a board of school directors and who are licensed by the state superintendent of public instruction, with or without regard to seniority, as a result of the decision of the board to honor the request of a local reform council under s. 119.90 (5), or the impact of any such reassignment on the wages, hours or conditions of employment of those municipal employes.

SB2-SSA2, s. 8 Section 8. 118.40 (3) (c) of the statutes is repealed and recreated to read:

SB2-SSA2,5,14 118.40 (3) (c) A school board may not enter into a contract for the establishment of a charter school located outside the school district, except that if 2 or more school boards enter into an agreement under s. 66.30 to establish a charter school, the charter school shall be located within one of the school districts. A school board, other than the school board of the school district operating under ch. 119, may not enter into a contract that would result in the conversion of a private school to a charter school.

SB2-SSA2, s. 9 Section 9. 118.43 (2) (c) of the statutes is amended to read:

SB2-SSA2,5,18 118.43 (2) (c) Notwithstanding par. (b), the school board of the school district operating under ch. 119 may enter into an achievement guarantee contract on behalf of up to 10 20 schools.

SB2-SSA2, s. 10 Section 10. 119.06 (3) (intro.) and (a) of the statutes are repealed.

SB2-SSA2, s. 11 Section 11. 119.06 (3) (b) of the statutes is renumbered 119.06 (3) and amended to read:

SB2-SSA2,6,5 119.06 (3) Four of the combined aldermanic district Except as provided in sub. (4), the members first appointed to the board by the commission shall serve for a term terms beginning on the 4th Monday of the month next following their appointment and. All members shall be appointed for terms expiring on the 4th Monday in April in the 4th year following the year in which a city becomes a city of the 1st class of the first year following the year in which a city becomes a 1st class city in which there is a presidential election, if the city becomes a 1st class city on or before December 1 preceding that year; otherwise, the members shall be appointed for terms expiring on the 4th Monday in April of the next such year.

SB2-SSA2, s. 12 Section 12. 119.06 (4) (b) of the statutes is amended to read:

SB2-SSA2,6,12 119.06 (4) (b) The board members elected at the special election shall be nominated and elected to succeed the board members appointed for the terms expiring under sub. (3) (a) and (b) (2) and for the same terms. The terms of office of the board members appointed under sub. (2) shall expire on the 4th Monday following the special election. The terms of office of the board members elected at the special election shall begin on the 4th Monday following the special election.

SB2-SSA2, s. 13 Section 13. 119.06 (5) and (6) of the statutes are amended to read:

SB2-SSA2,6,18 119.06 (5) The board first appointed under sub. (2) or first elected at a special election under sub. (4) shall hold an organizational meeting under s. 119.10 (2) on the 4th Monday of the month following its appointment or election, or the next day if the 4th Monday is a legal holiday, following their appointment or election, and annually thereafter shall meet in accordance with s. 119.10 (2).

SB2-SSA2,6,21 (6) Successors to board members appointed under sub. (3) (2) or elected under sub. (4) shall be elected at the spring election immediately preceding the expiration of the terms of such board members and shall serve for 4-year terms.

SB2-SSA2, s. 14 Section 14. 119.07 of the statutes is created to read:

SB2-SSA2,7,7 119.07 Revised method of election of board; transitional provisions. (1) Notwithstanding s. 119.08 (2) and (3), in each 1st class city in existence on the effective date of this subsection .... [revisor inserts date], members of the board of school directors who are elected at the spring election to be held in April 1999 to succeed those members whose terms are scheduled to expire on the 4th Monday in April, 1999, shall serve for terms expiring on the 4th Monday in April, 2000. Notwithstanding s. 119.08 (2) and (3), the terms of office of the members of the board of school directors of each such city whose terms are scheduled to expire on the 4th Monday in April, 2001, shall expire on the 4th Monday in April, 2000, and the incumbents in those offices shall cease to hold office on that date.

SB2-SSA2,7,12 (2) At the spring election to be held in April, 2000, there shall be elected in each 1st class city in existence on the effective date of this subsection .... [revisor inserts date], 9 members of the board of school directors, one of whom shall be elected at large and 8 of whom shall be elected from election districts prescribed under s. 119.08 (1) (b).

SB2-SSA2, s. 15 Section 15. 119.07 of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

SB2-SSA2, s. 16 Section 16. 119.08 (1) (a) and (b) of the statutes are amended to read:

SB2-SSA2,7,20 119.08 (1) (a) The board shall consist of one member elected at-large and 8 members elected from numbered election districts determined by the board. The election districts shall consist of whole contiguous wards and shall be substantially equal in population and the. The boundaries of the election districts shall be drawn so as to reflect a balanced representation of citizens in all areas within the city.

SB2-SSA2,8,2 (b) Within 60 days after the common council of the city enacts an ordinance determining or adopts a resolution adjusting the boundaries of the aldermanic districts wards in the city following the federal decennial census under s. 62.08 (1) 5.15 (1), the board shall, by vote of a majority of the membership of the board, adopt an election district apportionment plan for the election of board members which shall be effective until the city enacts a new ordinance under s. 62.08 (1) 5.15 (1) redetermining the aldermanic district ward boundaries.

SB2-SSA2, s. 17 Section 17. 119.08 (2) and (3) of the statutes are amended to read:

SB2-SSA2,8,12 119.08 (2) The electors of each election district shall elect one member residing within the election district to represent the election district. The at-large member shall be elected by the electors of the city. Board members shall be electors of the city and shall be elected at the spring election. Candidates shall file nomination papers for full terms or, when vacancies are to be filled, for unexpired terms. The primary and spring elections election for board members shall be conducted by the election officials for the election of judicial or other officers held on that date. The polling places for the state, municipal or judicial election elections shall be the polling places for the board election and the municipal election hours shall apply.

SB2-SSA2,8,15 (3) The regular terms of board members shall be 4 years. The term of each member expires on the 4th Monday in April of the 4th year following the year in which the member's office is regularly filled.

SB2-SSA2, s. 18 Section 18. 119.08 (4) of the statutes is amended to read:

SB2-SSA2,8,21 119.08 (4) A vacancy on in the membership of the board occurring on or before December 1 preceding expiration of the member's term of office shall be filled by a special election ordered by the board. At such election the vacancy shall be filled for the unexpired term. The board shall follow procedures under s. 8.50, so far as applicable.

SB2-SSA2, s. 19 Section 19. 119.10 (1) of the statutes is amended to read:

SB2-SSA2,9,8 119.10 (1) The board is a continuing body. Any unfinished business before the board or any of its standing or special committees on the date of the annual meeting under sub. (2) shall be considered as pending before the board newly organized on such date. At its annual meeting, after the election of the new board president and the designation of the clerk, the clerk shall report to the board items of business pending before the board as a whole. After the annual April meeting, unless otherwise directed by the board, the clerk shall report items of business which had been pending before committees of the board to the corresponding committees of the board appointed by the new president. Matters thus reported may be acted upon by the board in the same manner and with the same effect as if the board had not been newly organized.

SB2-SSA2, s. 20 Section 20. 119.18 (23) of the statutes is repealed and recreated to read:

SB2-SSA2,9,18 119.18 (23) School reorganizations. The board may reorganize any school that it determines is low in performance by adopting a resolution to that effect. If the superintendent of schools recommends to the board that a school be reorganized, he or she shall state the reasons for the recommendation in writing. If the board reorganizes a school, the superintendent of schools may reassign the school's staff members who are licensed by the state superintendent without regard to seniority in service and may reassign other employes of the board who are licensed by the state superintendent to the school without regard to seniority in service. This subsection does not apply after June 30, 2001.

SB2-SSA2, s. 21 Section 21. 119.235 of the statutes is repealed and recreated to read:

SB2-SSA2,9,25 119.235 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-SSA2,10,4 (2) Each private school or agency under contract with the board shall do all of the following:

SB2-SSA2,10,5 (a) Offer a full school year educational program.

SB2-SSA2,10,6 (b) Participate in the board's parent information program.

SB2-SSA2,10,8 (c) Offer diverse opportunities for parents to participate in the school's programs.

SB2-SSA2,10,9 (d) Meet insurance and financial requirements established by the board.

SB2-SSA2,10,11 (e) Develop a pupil recruitment and enrollment plan that incorporates all of the following:

SB2-SSA2,10,12 1. A good faith effort to achieve racial balance.

SB2-SSA2,10,14 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-SSA2,10,16 3. A statement describing how the plan will serve the needs of low-academic achievers and pupils from low-income families.

SB2-SSA2,10,17 (f) Report to the board any information requested by the board.

SB2-SSA2,10,20 (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-SSA2,10,24 (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-SSA2,11,4 (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-SSA2, s. 22 Section 22. 119.55 (3) of the statutes is created to read:

SB2-SSA2,11,11 119.55 (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-SSA2, s. 23 Section 23. 119.76 of the statutes is created to read:

SB2-SSA2,11,15 119.76 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 the 1998-99 school year:

SB2-SSA2,11,16 (1) After-school educational programs.

SB2-SSA2,11,17 (2) After-school recreational programs.

SB2-SSA2,11,18 (3) After-school health programs.

SB2-SSA2, s. 24 Section 24. 119.90 of the statutes is created to read:

SB2-SSA2,11,22 119.90 Local reform councils. (1) (a) The board shall determine a method for identifying schools that are low in performance using the following measures, as applicable, and other measures the board shall adopt:

SB2-SSA2,11,24 1. The results of the statewide pupil assessments under s. 118.30 and any districtwide pupil assessments.