Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,797,21 118.019 (2) Subjects. (intro.) A school board may provide an instructional program in human growth and development in grades kindergarten to 12. If provided, the program shall offer information and instruction appropriate to each grade level and the age and level of maturity of the pupils. The Except as provided in sub. (2m), the program may include instruction in any of the following areas:

SB55-ASA1-AA1, s. 2670p Section 2670p. 118.019 (2) (e) of the statutes is amended to read:

SB55-ASA1-AA1,798,3 118.019 (2) (e) Human sexuality; reproduction; family planning, as defined in s. 253.07 (1) (a), including natural family planning; human immunodeficiency virus and acquired immunodeficiency syndrome; prenatal development; childbirth; adoption; available prenatal and postnatal support; and male and female responsibility.

SB55-ASA1-AA1, s. 2670q Section 2670q. 118.019 (2m) of the statutes is created to read:

SB55-ASA1-AA1,798,7 118.019 (2m) Marriage and parental responsibility. If a school board provides instruction in any of the areas under sub. (2) (e), the school board shall also provide instruction in marriage and parental responsibility.".

SB55-ASA1-AA1,798,8 1431. Page 917, line 22: after that line insert:

SB55-ASA1-AA1,798,9 " Section 2671m. 118.02 (2) of the statutes is amended to read:

SB55-ASA1-AA1,798,10 118.02 (2) February 12, Abraham Lincoln's birthday.

SB55-ASA1-AA1, s. 2671n Section 2671n. 118.02 (4) of the statutes is amended to read:

SB55-ASA1-AA1,798,12 118.02 (4) February 22, George Washington's birthday.

SB55-ASA1-AA1, s. 2671p Section 2671p. 118.02 (12) of the statutes is amended to read:

SB55-ASA1-AA1,798,14 118.02 (12) October 12, Christopher Columbus' birthday.

SB55-ASA1-AA1, s. 2671q Section 2671q. 118.02 (13) of the statutes is amended to read:

SB55-ASA1-AA1,798,16 118.02 (13) November 11,Veterans Day.

SB55-ASA1-AA1, s. 2671r Section 2671r. 118.02 (17) of the statutes is created to read:

SB55-ASA1-AA1,798,18 118.02 (17) April 19, Patriots' Day.".

SB55-ASA1-AA1,798,19 1432. Page 917, line 22: after that line insert:

SB55-ASA1-AA1,798,20 " Section 2673p. 118.045 (3) of the statutes is amended to read:

SB55-ASA1-AA1,799,3 118.045 (3) A school board may commence the school term before September 1 in any school year if it holds a public hearing on the issue and adopts a resolution to that effect in that school year the school board requests the department to allow it to commence the school term before September 1 and the school board includes reasons with its request. The department may grant a request only if it determines that there are extraordinary reasons for granting it. The department shall promulgate rules to implement and administer this subsection.".

SB55-ASA1-AA1,799,4 1433. Page 918, line 19: after that line insert:

SB55-ASA1-AA1,799,5 " Section 2696m. 118.30 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,799,8 118.30 (1) (a) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, and 8th and 10th grades.".

SB55-ASA1-AA1,799,9 1434. Page 919, line 20: after that line insert:

SB55-ASA1-AA1,799,10 " Section 2703g. 118.30 (1m) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 2703r Section 2703r. 118.30 (1m) (d) of the statutes is amended to read:

SB55-ASA1-AA1,799,18 118.30 (1m) (d) If the school board operates high school grades, beginning in the 2002-03 school year administer the high school graduation examination adopted by the school board under sub. (1g) (b) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 11th and 12th grades. The school board shall administer the examination at least twice each school year 3 times every 2 school years and may administer the examination only to pupils enrolled in the 11th and 12th grades.".

SB55-ASA1-AA1,799,19 1435. Page 920, line 19: after that line insert:

SB55-ASA1-AA1,799,20 " Section 2707b. 118.30 (1r) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 2707f Section 2707f. 118.30 (1r) (d) of the statutes is amended to read:

SB55-ASA1-AA1,800,4 118.30 (1r) (d) If the charter school operates high school grades, beginning in the 2002-03 school year, administer the high school graduation examination adopted by the operator of the charter school under sub. (1g) (b) to all pupils enrolled in the 11th and 12th grades in the charter school. The operator of the charter school shall administer the examination at least twice each school year 3 times every 2 school years and may administer the examination only to pupils enrolled in the 11th and 12th grades.

SB55-ASA1-AA1, s. 2710g Section 2710g. 118.30 (2) (b) 3. of the statutes is repealed.

SB55-ASA1-AA1, s. 2710m Section 2710m. 118.30 (2) (b) 4. of the statutes is repealed.

SB55-ASA1-AA1, s. 2712m Section 2712m. 118.30 (3) of the statutes is renumbered 118.30 (3) (a) and amended to read:

SB55-ASA1-AA1,800,14 118.30 (3) (a) The state superintendent shall make available upon request, allow a person to view an examination required to be administered under this section if the person submits to the state superintendent a written request to do so within 90 days after the date of administration, any of the examination required to be administered under this section. This subsection paragraph does not apply while the an examination is being developed or validated.

SB55-ASA1-AA1, s. 2714m Section 2714m. 118.30 (3) (b) of the statutes is created to read:

SB55-ASA1-AA1,800,19 118.30 (3) (b) The state superintendent shall promulgate rules establishing procedures to administer par. (a). To the extent feasible, the rules shall protect the security and confidentiality of the examinations required to be administered under this section.".

SB55-ASA1-AA1,800,20 1436. Page 920, line 19: after that line insert:

SB55-ASA1-AA1,800,21 " Section 2709m. 118.30 (2) (f) of the statutes is created to read:

SB55-ASA1-AA1,800,24 118.30 (2) (f) Each school board, and each operator of a charter school under s. 118.40 (2r), shall ensure that no pupil uses a calculator while taking the 4th grade examination under sub. (1m) or (1r).".

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.