Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,801,1 1437. Page 920, line 19: after that line insert:

SB55-ASA1-AA1,801,3 " Section 2715q. 118.40 (2r) (b) of the statutes is renumbered 118.40 (2r) (b) 1. (intro.) and amended to read:

SB55-ASA1-AA1,801,8 118.40 (2r) (b) 1. (intro.) The common council of the city of Milwaukee, the chancellor of the University of Wisconsin-Milwaukee and the Milwaukee area technical college district board All of the following entities 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.:

SB55-ASA1-AA1,801,17 2. 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 or of the University of Wisconsin-Parkside 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.

SB55-ASA1-AA1, s. 2715qg Section 2715qg. 118.40 (2r) (b) 1. a. to g. of the statutes are created to read:

SB55-ASA1-AA1,801,19 118.40 (2r) (b) 1. a. The common council of the city of Milwaukee.

SB55-ASA1-AA1,801,20 b. The chancellor of the University of Wisconsin-Milwaukee.

SB55-ASA1-AA1,801,21 c. The chancellor of the University of Wisconsin-Parkside.

SB55-ASA1-AA1,801,22 d. The Milwaukee area technical college district board.

SB55-ASA1-AA1,801,24 e. A technical college district board that has entered into a charter school agreement with participating school districts.

SB55-ASA1-AA1,802,1 f. A county board.

SB55-ASA1-AA1,802,2 g. The board of control of a cooperative educational service agency.

SB55-ASA1-AA1, s. 2715r Section 2715r. 118.40 (2r) (bm) of the statutes is created to read:

SB55-ASA1-AA1,802,9 118.40 (2r) (bm) 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 only establish or enter into a contract for the establishment of a charter school located in the school district operating under ch. 119. A county board may only establish or enter into a contract for the establishment of a charter school located in the county.

SB55-ASA1-AA1, s. 2715rg Section 2715rg. 118.40 (2r) (c) (intro.) of the statutes is renumbered 118.40 (2r) (c) 1. (intro.) and amended to read:

SB55-ASA1-AA1,802,16 118.40 (2r) (c) 1. (intro.) 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 in the school district operating under ch. 119 under this subsection only if one of the following applies:

SB55-ASA1-AA1, s. 2715rm Section 2715rm. 118.40 (2r) (c) 1. f. of the statutes is created to read:

SB55-ASA1-AA1,802,19 118.40 (2r) (c) 1. f. In the previous school year, the pupil participated in the interdistrict transfer program under s. 121.85 (2).

SB55-ASA1-AA1, s. 2715s Section 2715s. 118.40 (2r) (c) 2. of the statutes is created to read:

SB55-ASA1-AA1,802,22 118.40 (2r) (c) 2. Only pupils who reside in the school district in which the charter school is located may attend the charter school, except that:

SB55-ASA1-AA1,803,2 a. If the charter school is established or operated by the board of control of a cooperative educational service agency, a pupil who resides in any school district served by the cooperative educational service agency may also attend the charter school.

SB55-ASA1-AA1,803,6 b. If the charter school is established or operated by a technical college district board other than the Milwaukee Area Technical College district board, a pupil who resides in any school district that has entered into a charter school agreement with the technical college district board may also attend the charter school.

SB55-ASA1-AA1,803,8 c. If the charter school is established or operated by a county, any pupil who resides in the county may attend the charter school.

SB55-ASA1-AA1, s. 2715t Section 2715t. 118.40 (7) (am) 2. of the statutes is amended to read:

SB55-ASA1-AA1,803,14 118.40 (7) (am) 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 any school district operating under ch. 119 and the no school board of that school district may not employ any personnel for the charter school.".

SB55-ASA1-AA1,803,15 1438. Page 920, line 19: after that line insert:

SB55-ASA1-AA1,803,16 " Section 2721e. 118.40 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,804,2 118.40 (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 employee and parental support for the establishment of the charter school described in the petition and the fiscal impact of the establishment of the charter school on the school district. After Except as provided in par. (c), within 60 days after the hearing, the school board may shall either grant or deny the petition. The school board's decision shall be in writing and shall include the reasons for its decision. The school board shall provide the petitioner with a copy of the decision.

SB55-ASA1-AA1, s. 2725g Section 2725g. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).

SB55-ASA1-AA1, s. 2725h Section 2725h. 118.40 (5) (b) of the statutes is created to read:

SB55-ASA1-AA1,804,11 118.40 (5) (b) If a school board or other entity revokes a charter, its decision shall be in writing and include the reasons for its decision. The operator of the charter school may appeal the revocation to the circuit court for a county in which the school district is located. If the appeal if filed with in 60 days after the date on which the decision is issued, the court shall conduct a full trial on the merits. The court shall award reasonable attorney fees, damages, and other actual costs to the prevailing party.".

SB55-ASA1-AA1,804,12 1439. Page 920, line 19: after that line insert:

SB55-ASA1-AA1,804,13 " Section 2725m. 118.38 (1) (a) 8. of the statutes is created to read:

SB55-ASA1-AA1,804,14 118.38 (1) (a) 8. The commencement of the school term under s. 118.045.".

SB55-ASA1-AA1,804,15 1440. Page 923, line 7: after that line insert:

SB55-ASA1-AA1,804,16 " Section 2745q. 119.04 (1) of the statutes is amended to read:

SB55-ASA1-AA1,804,24 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.115, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (18), (19), (26), (34), (35) and (37), 120.14 and 120.25 are applicable to a 1st class city school district and board.".

SB55-ASA1-AA1,805,1 1441. Page 923, line 7: after that line insert:

SB55-ASA1-AA1,805,2 " Section 2746g. 119.23 (2) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,805,5 119.23 (2) (a) (intro.) Subject to par. (b) pars. (b) and (e), any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any private school located in the city Milwaukee County if all of the following apply:

SB55-ASA1-AA1, s. 2747h Section 2747h. 119.23 (2) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,805,10 119.23 (2) (a) 1. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.75 1.85 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

SB55-ASA1-AA1, s. 2748i Section 2748i. 119.23 (2) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,805,15 119.23 (2) (a) 3. The private school notified the state superintendent of its intent to participate in the program under this section by May February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space.

SB55-ASA1-AA1, s. 2748k Section 2748k. 119.23 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,805,21 119.23 (2) (b) No more than 15% of the school district's membership may attend private schools under this section. If in any school year there are more spaces available in the participating private schools than the maximum number of pupils allowed who wish to participate, the department shall prorate the number of spaces available at each participating private school.

SB55-ASA1-AA1, s. 2749m Section 2749m. 119.23 (2) (c) of the statutes is created to read:

SB55-ASA1-AA1,806,3 119.23 (2) (c) 1. If the department receives a notice from a private school under par. (a) 3., by March 1 the department shall notify the private school whether it is eligible to participate in the program under this section. If the department determines that the private school is ineligible, the notice shall include an explanation of that determination.

SB55-ASA1-AA1,806,7 2. If the department determines under subd. 1. that a private school is ineligible, the private school may appeal the decision to the department within 14 days after the decision. The department shall approve, reverse, or modify its decision within 7 days of receiving an appeal.

SB55-ASA1-AA1,806,10 3. A private school may appeal the department's decision under subd. 2. to the circuit court for Milwaukee County. The court shall give preference to the action and shall conduct a full trial on the merits.

SB55-ASA1-AA1, s. 2751m Section 2751m. 119.23 (2) (e) of the statutes is created to read:

SB55-ASA1-AA1,806,14 119.23 (2) (e) A pupil who attends a private school under this section is eligible to attend a private school under this section in succeeding school years even if the pupil no longer meets the criterion under par. (a) 1.

SB55-ASA1-AA1, s. 2753p Section 2753p. 119.23 (9) of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,806,22 119.23 (9) The legislative audit bureau shall administer a 12-year longitudinal study of the program under this section. The bureau shall seek private sources of funding for the study. The study shall use standardized examinations, and shall review graduation rates and other indicators of academic achievement. The results of the study shall be submitted to the legislature periodically over the 12-year period in the manner provided under s. 13. 172 (2), with the first report due by October 15, 2003.".

SB55-ASA1-AA1,806,23 1442. Page 923, line 7: after that line insert:

SB55-ASA1-AA1,806,24 " Section 2749m. 119.23 (4) (bm) of the statutes is created to read:

SB55-ASA1-AA1,807,2 119.23 (4) (bm) A pupil enrolled in 4-year-old kindergarten may be counted under par. (b) only if the pupil is a child with a disability, as defined in s. 115.76 (5).".

SB55-ASA1-AA1,807,4 1443. Page 923, line 12: after "special election" insert "an election authorized under s. 8.065".

SB55-ASA1-AA1,807,5 1444. Page 923, line 12: delete "at the" and substitute "at the".

SB55-ASA1-AA1,807,7 1445. Page 923, line 14: delete the material beginning with that line and ending with page 924, line 22 and substitute:

SB55-ASA1-AA1,807,19 "119.48 (4) (c) Upon receipt of the communication, the common council shall file the communication as provided in s. 8.37 and shall cause the question of exceeding the levy rate specified under s. 65.07 (1) (f) to be submitted to the voters of the city at the September election or at a special next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the communication. The question of exceeding the levy rate specified under s. 65.07 (1) (f) shall be submitted so that the vote upon exceeding the levy rate specified in s. 65.07 (1) (f) is taken separately from any other question submitted to the voters. If a majority of the electors voting on the question favors exceeding the levy rate specified under s. 65.07 (1) (f), the common council shall approve the increase in the levy rate and shall levy and collect a tax equal to the amount of money approved by the electors.

SB55-ASA1-AA1, s. 2757ab Section 2757ab. 119.49 (1) (b) and (2) of the statutes are amended to read:

SB55-ASA1-AA1,808,2 119.49 (1) (b) The communication shall state the amount of funds needed under par. (a) and the purposes for which the funds will be used and shall request the common council to submit to the voters of the city at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held in the city not sooner than 45 days after receipt of the communication the question of issuing school bonds in the amount and for the purposes stated in the communication.

SB55-ASA1-AA1,808,14 (2) Upon receipt of the communication, the common council shall file the communication as provided in s. 8.37 and shall cause the question of issuing such school bonds in the stated amount and for the stated school purposes to be submitted to the voters of the city at the next election held in the city authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs not sooner than 45 days after the date of receipt of the communication. The question of issuing such school bonds shall be submitted so that the vote upon issuing such school bonds is taken separately from any other question submitted to the voters. If a majority of the electors voting on the school bond question favors issuing such school bonds, the common council shall cause the school bonds to be issued immediately or within the period permitted by law, in the amount requested by the board and in the manner other bonds are issued.".

SB55-ASA1-AA1,808,15 1446. Page 924, line 22: after that line insert:

SB55-ASA1-AA1,808,16 " Section 2760g. 120.14 (3) of the statutes is amended to read:

SB55-ASA1-AA1,808,19 120.14 (3) The annual meeting may authorize and direct an audit of the school district accounts by a licensed certified public accountant licensed or certified under ch. 442.

SB55-ASA1-AA1, s. 2760r Section 2760r. 120.18 (1) (gm) of the statutes is amended to read:

SB55-ASA1-AA1,809,10 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Costs for represented employees shall be based upon the costs of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees and the school district and the representative have been required to submit final offers under s. 111.70 (4) (cm) 6., increased costs limited to the lower of the school district's offer or the representative's offer shall be reflected in the report. The school district shall amend the annual report to reflect any change in such costs as a result of any award or settlement under s. 111.70 (4) (cm) 6. between the date of filing the report and October 1. Any such amendment shall be concurred in by the licensed certified public accountant licensed or certified under ch. 442 certifying the school district audit.".

SB55-ASA1-AA1,809,11 1447. Page 924, line 22: after that line insert:

SB55-ASA1-AA1,809,12 " Section 2760e. 120.13 (17) of the statutes is amended to read:

SB55-ASA1-AA1,809,22 120.13 (17) Temporary use of school property. Grant Subject to s. 66.0436, grant the temporary use of school grounds, buildings, facilities or equipment, upon such conditions, including fees not to exceed actual costs, as determined by the school board, to any responsible person for any lawful nonschool purpose if such use does not interfere with use for school purposes or school-related functions. Fees received under this subsection shall be paid into the school district treasury and accounted for as prescribed under s. 115.28 (13). The user shall be primarily liable, and the school board secondarily liable, for any damage to property and for any expense incurred in consequence of any use of school grounds, buildings, facilities or equipment under this subsection.".

SB55-ASA1-AA1,809,23 1448. Page 924, line 22: after that line insert:

SB55-ASA1-AA1,809,24 " Section 2758f. 119.70 (5) of the statutes is amended to read:

SB55-ASA1-AA1,810,2 119.70 (5) Nothing in this section prohibits the board from granting the use of school property to religious organizations under s. 120.13 (17) 118.115.

SB55-ASA1-AA1, s. 2760m Section 2760m. 120.13 (17) (title) of the statutes is renumbered 118.115 (title).

SB55-ASA1-AA1, s. 2760n Section 2760n. 120.13 (17) of the statutes is renumbered 118.115 (1) and amended to read:

SB55-ASA1-AA1,810,14 118.115 (1) Grant The school board may grant the temporary use of school grounds, buildings, facilities or equipment, upon such conditions, including fees not to exceed actual costs, as determined by the school board, to any responsible person for any lawful nonschool purpose if such use does not interfere with use for school purposes or school-related functions. Fees received under this subsection shall be paid into the school district treasury and accounted for as prescribed under s. 115.28 (13). The user shall be primarily liable, and the school board secondarily liable, for any damage to property and for any expense incurred in consequence of any use of school grounds, buildings, facilities or equipment under this subsection.".

SB55-ASA1-AA1,810,15 1449. Page 924, line 22: after that line insert:

SB55-ASA1-AA1,810,16 " Section 2759m. 120.06 (9) (a) of the statutes is amended to read:

SB55-ASA1-AA1,811,4 120.06 (9) (a) The primary and spring elections for school board members shall be conducted by the election officials for state and municipal elections. In a school board election held in conjunction with a state, county, municipal or judicial election, the polling places for the state, county, municipal or judicial election shall be the polling places for the school board election and the municipal election hours shall apply. If no state, county, municipal or judicial election is held on the day of the school board election, the school board may set the election hours and select the polling places to be used. The election costs shall be charged as provided in ss. 5.68 and 7.03. Election hours set by the school board shall be the same as those provided by the municipal governing body in which the polling place is located, except that if the opening hour is later than 7 a.m., the school board may extend the opening hour to not earlier than 7 a.m.".

SB55-ASA1-AA1,811,5 1450. Page 924, line 22: after that line insert:

SB55-ASA1-AA1,811,6 " Section 2759. 120.06 (5) of the statutes is repealed.".

SB55-ASA1-AA1,811,7 1451. Page 924, line 22: after that line insert:

SB55-ASA1-AA1,811,8 " Section 2760h. 120.12 (15) of the statutes is amended to read:

SB55-ASA1-AA1,811,15 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employee's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours and conditions of employment.".

SB55-ASA1-AA1,811,16 1452. Page 925, line 3: after that line insert:

SB55-ASA1-AA1,811,17 " Section 2761g. 121.004 (7) (cm) of the statutes is amended to read:

SB55-ASA1-AA1,811,23 121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program that provides the required number of hours of direct pupil instruction under s. 121.02 (1) (f) 2. shall be counted as 0.6 pupil if the pupil is a child with a disability and the program annually provides at least 87.5 additional hours of outreach activities. A pupil enrolled in a 4-year-old kindergarten program who is not a child with a disability, as defined in s. 115.76 (5), shall not be counted.