Amendment ASA1-AB100

AB100-ASA1, s. 2812m Section 2812m. 118.33 (4) of the statutes is amended to read:

AB100-ASA1,1285,2 118.33 (4) (a) The department state superintendent shall establish procedures for school boards to certify to the department state superintendent whether they are in compliance with the requirements under sub. (1) and the rules promulgated under sub. (2).

AB100-ASA1,1285,6 (b) The department state superintendent may periodically review school district high school graduation standards and shall notify any school board not in compliance with the requirements under sub. (1) or the rules promulgated under sub. (2), identifying the changes necessary.

AB100-ASA1, s. 2815d Section 2815d. 118.34 (3) of the statutes is amended to read:

AB100-ASA1,1285,12 118.34 (3) The department and the technical college system board shall provide technical assistance to school boards to develop technical preparation programs in each high school. Annually, the school board shall evaluate its program and report the results to the department state superintendent and the technical college system board.

AB100-ASA1, s. 2815g Section 2815g. 118.35 (2) of the statutes is amended to read:

AB100-ASA1,1285,15 118.35 (2) The department state superintendent shall by rule establish guidelines for the identification of gifted and talented pupils.

AB100-ASA1, s. 2815r Section 2815r. 118.35 (3) (b) of the statutes is amended to read:

AB100-ASA1,1285,20 118.35 (3) (b) Annually by August 15, report to the department state superintendent the number of gifted and talented pupils who participated in a program under par. (a) in the previous school year and such other information as the department state superintendent requests.

AB100-ASA1, s. 2131 Section 2131. 118.37 (title) of the statutes is renumbered 118.55 (title) and amended to read:

AB100-ASA1,1285,23 118.55 (title) Postsecondary enrollment Youth options program.

AB100-ASA1, s. 2132 Section 2132. 118.37 (1) (title) of the statutes is repealed.

AB100-ASA1, s. 2133 Section 2133. 118.37 (1) of the statutes is renumbered 118.55 (1) and amended to read:

AB100-ASA1,1286,6 118.55 (1) In this section, "institution of higher education" means a center or institution within the university of Wisconsin system, a technical college tribally controlled college or a private, nonprofit institution of higher education located in this state.

AB100-ASA1, s. 2134 Section 2134. 118.37 (2) and (3) of the statutes are renumbered 118.55 (2) and (3), and 118.55 (2) and (3) (b), as renumbered, are amended to read:

AB100-ASA1,1286,19 118.55 (2) (a) Beginning in the 1992-93 school year, any public school pupil enrolled in the 11th or 12th grade who is not attending a technical college under sub. (7r) or s. 118.15 (1) (b) may enroll in an institution of higher education for the purpose of taking one or more nonsectarian courses at the institution of higher education, subject to par. (b). The pupil shall submit an application to the institution of higher education in the previous school semester. The pupil shall indicate on the application whether he or she will be taking the course or courses for high school credit or postsecondary credit. The pupil shall also specify on the application that if he or she is admitted the institution of higher education may disclose the pupil's grades, the courses that he or she is taking and his or her attendance record to the public school in which the pupil is enrolled.

AB100-ASA1,1286,24 (b) Paragraph (a) applies to a private institution of higher education and to a tribally controlled college only if the private institution of higher education or tribally controlled college has notified the department state superintendent of its intent to participate in the program under this section by September 1 of the previous school year.

AB100-ASA1,1287,16 (3) (b) If the pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 and the number of high school credits to award the pupil for the course, if any. The department In cooperation with institutions of higher education, the state superintendent shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the end beginning of the semester in which it received the notice under par. (a) the pupil will be enrolled. If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the department state superintendent within 30 days after the decision. The department's state superintendent's decision shall be final and is not subject to review under subch. III of ch. 227.

AB100-ASA1, s. 2135 Section 2135. 118.37 (3m) of the statutes is repealed.

AB100-ASA1, s. 2136 Section 2136. 118.37 (4) of the statutes is renumbered 118.55 (4), and 118.55 (4) (a), as renumbered, is amended to read:

AB100-ASA1,1287,22 118.55 (4) (a) An institution of higher education may admit a pupil under this section only if it has space available. A pupil may attend a technical college under this section only if he or she is a resident of this state.

AB100-ASA1, s. 2822c Section 2822c. 118.37 (5) (intro.) and (a) of the statutes are renumbered 118.55 (5) (intro.) and (a).

AB100-ASA1, s. 2137 Section 2137. 118.37 (5) (b) of the statutes is repealed.

AB100-ASA1, s. 2823m Section 2823m. 118.37 (5) (c) of the statutes is renumbered 118.55 (5) (c), and 118.55 (5) (c) 2., as renumbered, is amended to read:

AB100-ASA1,1288,11 118.55 (5) (c) 2. An amount determined by dividing the state total net cost of the general fund in the previous school year by the state total membership in the previous school year, dividing that quotient by the statewide average number of high school credits taken by full-time pupils in the previous school year, as determined by the department state superintendent, and multiplying that quotient by the number of high school credits taken by the pupil at the private institution of higher education, as determined under sub. (3) (b). In this subdivision, "net cost" has the meaning given in s. 121.004 (6), and "membership" has the meaning given in s. 121.004 (5).

AB100-ASA1, s. 2824m Section 2824m. 118.37 (6) of the statutes is renumbered 118.55 (6), and 118.55 (6) (title), (a) and (b), as renumbered, are amended to read:

AB100-ASA1,1288,19 118.55 (6) (title) Responsibility of pupil for tuition and fees; institution of higher education. (a) A pupil taking a course at an institution of higher education for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board, or the department state superintendent on appeal under sub. (3) (b), has determined that the course is not comparable to a course offered in the school district.

AB100-ASA1,1288,24 (b) A pupil taking a course at an institution of higher education for high school credit under this section is responsible for the tuition and fees for the course if the school board has determined that the course is comparable to a course offered in the school district, unless the department state superintendent reverses the school board's decision on appeal under sub. (3) (b).

AB100-ASA1, s. 2138 Section 2138. 118.37 (7g) of the statutes is renumbered 118.55 (7g) and amended to read:

AB100-ASA1,1289,14 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit that is not comparable to a course offered in the school district may apply to the department state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The department state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The department state superintendent shall give preference under this subsection to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB100-ASA1, s. 2139 Section 2139. 118.37 (8) of the statutes is renumbered 118.55 (8).

AB100-ASA1, s. 2827m Section 2827m. 118.37 (9) of the statutes is renumbered 118.55 (9) and amended to read:

AB100-ASA1,1289,20 118.55 (9) Rules. The department state superintendent shall promulgate rules to implement and administer this section, including rules establishing criteria for determining reimbursement amounts under sub. (7g).

AB100-ASA1, s. 2140 Section 2140. 118.38 (2m) of the statutes is repealed.

AB100-ASA1, s. 2141 Section 2141. 118.38 (3) of the statutes is amended to read:

AB100-ASA1,1290,3 118.38 (3) A waiver is effective for 4 years. The secretary department shall renew the waiver for additional 4-year periods if the school board has evaluated the educational and financial effects of the waiver over the previous 4-year period, except that the secretary department is not required to renew a waiver if the secretary department determines that the school district is not making adequate progress toward improving pupil academic performance.

AB100-ASA1, s. 2142 Section 2142. 118.40 (1) of the statutes is amended to read:

AB100-ASA1,1290,10 118.40 (1) Notice to department. Whenever a school board intends to establish a charter school, it shall notify the department state superintendent of its intention. The Whenever one of the entities under sub. (2r) (b) intends to establish a charter school, it shall notify the state superintendent of its intention by February 1 of the previous school year. A notice under this subsection shall include a description of the proposed school.

AB100-ASA1, s. 2143 Section 2143. 118.40 (1m) (a) of the statutes is amended to read:

AB100-ASA1,1290,16 118.40 (1m) (a) A written petition requesting the a school board to establish a charter school under this section may be filed with the school district clerk. The If the proposed charter school would replace a public school in whole or in part, the petition shall be signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school of the school district.

AB100-ASA1, s. 2144 Section 2144. 118.40 (1m) (b) 7. of the statutes is amended to read:

AB100-ASA1,1290,20 118.40 (1m) (b) 7. Subject to sub. (7) (a) and (am) and ss. 118.19 (1) and 121.02 (1) (a) 2., the qualifications that must be met by the individuals to be employed in the school.

AB100-ASA1, s. 2145 Section 2145. 118.40 (2) (a) of the statutes is amended to read:

AB100-ASA1,1291,2 118.40 (2) (a) Within 30 days after receiving a petition under sub. (1m) the school board shall hold a public hearing on the petition. At the hearing, the school board shall consider the level of employe and parental support for the establishment of the charter school described in the petition. After the hearing, the school board may grant the petition.

AB100-ASA1, s. 2146 Section 2146. 118.40 (2) (c) of the statutes is amended to read:

AB100-ASA1,1291,10 118.40 (2) (c) The school board of the school district operating under ch. 119 shall either grant or deny the petition within 30 days after the public hearing. If the school board of the school district operating under ch. 119 denies a petition, the person seeking to establish the charter school may, within 30 days after the denial, appeal the denial to the department. The department shall issue a decision within 30 days after receiving the appeal. The department's decision is final and not subject to judicial review under ch. 227. Section 115.28 (5) applies to this paragraph.

AB100-ASA1, s. 2147 Section 2147. 118.40 (2r) of the statutes is created to read:

AB100-ASA1,1291,12 118.40 (2r) Other initiatives. (a) In this subsection:

AB100-ASA1,1291,13 1. "Membership" has the meaning given in s. 121.004 (5).

AB100-ASA1,1291,15 2. "Shared cost per member" means the shared cost under s. 121.07 (6) (a) divided by the school district's membership.

AB100-ASA1,1292,2 (b) 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 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. 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 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.

AB100-ASA1,1292,7 (c) 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 under this subsection only if one of the following applies:

AB100-ASA1,1292,9 1. In the previous school year, the pupil was enrolled in the school district operating under ch. 119.

AB100-ASA1,1292,11 2. In the previous school year, the pupil was attending a private school under s. 119.23.

AB100-ASA1,1292,13 3. In the previous school year, the pupil was enrolled in grades kindergarten to 3 in a private school located in the city of Milwaukee other than under s. 119.23.

AB100-ASA1,1292,14 4. In the previous school year, the pupil was not enrolled in school.

AB100-ASA1,1292,16 5. In the previous school year, the pupil was enrolled in a charter school under this subsection.

AB100-ASA1,1292,18 (d) The chartering or contracting entity under par. (b) shall do all of the following:

AB100-ASA1,1292,20 1. Ensure that all instructional staff of charter schools under this subsection hold a license or permit to teach issued by the department.

AB100-ASA1,1292,22 2. Administer the examinations under ss. 118.30 (1m) and 121.02 (1) (r) to pupils enrolled in charter schools under this subsection.

AB100-ASA1,1293,3 (e) 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 shared cost per member in the previous school year of the school district operating under ch. 119 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.

AB100-ASA1,1293,8 (f) The department shall annually reduce the aid paid under s. 121.08 to the board of a school district operating under ch. 119 by an amount equal to the shared cost per member in the previous school year of the school district operating under ch. 119 multiplied by the number of pupils attending charter schools under this subsection.

AB100-ASA1,1293,12 (g) The department shall ensure that aid paid to other school districts under s. 121.08 is neither reduced nor increased as a result of the payments under par. (e) or the reduction in aid to the board under par. (f) and that the amount of the aid reduction under par. (f) lapses to the general fund.

AB100-ASA1, s. 2148 Section 2148. 118.40 (3) (a) of the statutes is amended to read:

AB100-ASA1,1293,18 118.40 (3) (a) If the school board grants the petition under sub. (2) (a), the school board shall contract with the person named in the petition under sub. (1m) (b) 1. to operate the school as a charter school under this section. The contract shall include all of the provisions specified in the petition and may include other provisions agreed to by the parties.

AB100-ASA1, s. 2149 Section 2149 . 118.40 (3) (b) of the statutes is amended to read:

AB100-ASA1,1293,23 118.40 (3) (b) A contract under par. (a) or under sub. (2m) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years any term. The contract shall specify the amount to be paid by the school board to the charter school during each school year of the contract.

AB100-ASA1, s. 2150 Section 2150 . 118.40 (3) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,1294,4 118.40 (3) (b) A contract under par. (a) or under sub. subs. (2m) and (2r) may be for any term and may be renewed for any term. The contract shall specify the amount to be paid by the school board to the charter school during each school year of the contract.

AB100-ASA1, s. 2151 Section 2151. 118.40 (3) (d) of the statutes is amended to read:

AB100-ASA1,1294,8 118.40 (3) (d) A school board or an entity under s. 118.40 (2r) (b) shall 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).

AB100-ASA1, s. 2152 Section 2152. 118.40 (5) (intro.) and (a) of the statutes are amended to read:

AB100-ASA1,1294,13 118.40 (5) Charter revocation. (intro.) A charter may be revoked by the school board or the entity under sub. (2r) (b) that contracted with the charter school if the school board or, if applicable, the entity under sub. (2r) (b) finds that any of the following occurred:

AB100-ASA1,1294,15 (a) The charter school violated its contract with the school board or the entity under sub. (2r) (b).

AB100-ASA1, s. 2153 Section 2153. 118.40 (7) (a) of the statutes is amended to read:

AB100-ASA1,1294,21 118.40 (7) (a) A Except as provided in par. (am), a charter school is an instrumentality of the school district in which it is located and the school board of that school district shall employ all personnel for the charter school. This paragraph does not apply to charter schools located in the school district operating under ch. 119.

AB100-ASA1, s. 2154 Section 2154. 118.40 (7) (am) of the statutes is created to read:

AB100-ASA1,1295,5 118.40 (7) (am) 1. Except as provided in subd. 2., if a charter school is established under sub. (2m) and located in the school district operating under ch. 119, the school board of that school district shall determine whether or not the charter school is an instrumentality of the school district. If the school board determines that a charter school is an instrumentality of the school district, the school board shall employ all personnel for the charter school. If the school board determines that a charter school is not an instrumentality of the school district, the school board may not employ any personnel for the charter school.

AB100-ASA1,1295,9 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 school district operating under ch. 119 and the school board of that school district may not employ any personnel for the charter school.

AB100-ASA1, s. 2842b Section 2842b. 118.40 (7) (ar) of the statutes is created to read:

AB100-ASA1,1295,13 118.40 (7) (ar) Nothing in this subsection affects the rights of personnel of a charter school that is an instrumentality of the school district in which it is located to engage in collective bargaining pursuant to subch. IV of ch. 111.

AB100-ASA1, s. 2842g Section 2842g. 118.42 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1295,17 118.42 (1) (intro.) A nonprofit corporation may apply to the department state superintendent for a grant to partially fund the costs of planning, developing and operating a youth village program that complies with all of the following:

AB100-ASA1, s. 2842p Section 2842p. 118.42 (1) (e) of the statutes is created to read:

AB100-ASA1,1295,20 118.42 (1) (e) The program meets all applicable requirements under P.L. 104-193, section 103.

AB100-ASA1, s. 2842r Section 2842r. 118.42 (2) (a) of the statutes is amended to read:

AB100-ASA1,1295,23 118.42 (2) (a) The department state superintendent shall review the applications and determine which of the applicants shall receive the grant.

AB100-ASA1, s. 2842t Section 2842t. 118.42 (3) of the statutes is amended to read:

AB100-ASA1,1296,8 118.42 (3) Any school board may contract with the grant recipient for the participation of pupils enrolled in the school district in the program. No pupil may participate in the program unless his or her family meets the eligibility requirements under s. 49.145 (2) and (3) and any requirements applicable under P.L. 104-193, section 103. A pupil may not continue to participate in the program if the pupil is absent from his or her home for more than 45 consecutive days. No pupil may be required to participate in the program without his or her approval, if the pupil is an adult, or the approval of his or her parents or legal guardian, if the pupil is a minor.