AB870-ASA1, s. 8 4Section 8. 118.40 (3) (c) of the statutes is renumbered 118.40 (3) (c) 1. and
5amended to read:
AB870-ASA1,3,146 118.40 (3) (c) 1. A school board may not enter into a contract for the
7establishment of a charter school located outside the school district, except that if 2
8or more school boards enter into an agreement under s. 66.0301 to establish a charter
9school, the charter school shall be located within one of the school districts, and if one
10or more school boards enter into an agreement with the board of control of a
11cooperative educational service agency to establish a charter school, the charter
12school shall be located within the boundaries of the cooperative educational service
13agency. This subdivision does not apply to the establishment of a virtual charter
14school.
AB870-ASA1,3,16 152. A school board may not enter into a contract that would result in the
16conversion of a private, sectarian school to a charter school.
AB870-ASA1, s. 9 17Section 9. 118.40 (4) (b) 1. of the statutes is amended to read:
AB870-ASA1,3,1818 118.40 (4) (b) 1. Charge tuition, except as otherwise provided in s. 121.83 (4).
AB870-ASA1, s. 10 19Section 10. 118.40 (8) of the statutes is created to read:
AB870-ASA1,3,2220 118.40 (8) Virtual charter schools. (a) Location. For the purposes of sub.
21(7) (a), (am), and (ar), a virtual charter school is considered to be located in the
22following school district:
AB870-ASA1,3,2423 1. If a school board contracts with a person to establish the virtual charter
24school, in the school district governed by that school board.
AB870-ASA1,4,4
12. If 2 or more school boards enter into an agreement under s. 66.0301 to
2establish the virtual charter school, or if one or more school boards enter into an
3agreement with the board of control of a cooperative educational service agency to
4establish the virtual charter school, in the school district specified in the agreement.
AB870-ASA1,4,115 (b) Licensure. 1. The governing body of a virtual charter school shall assign
6an appropriately licensed teacher for each online course offered by the virtual
7charter school. No person holding only a permit to teach exclusively in a charter
8school may teach in a virtual charter school, and no person holding both a license to
9teach exclusively in a charter school and a license to teach in other public schools may
10teach, in a virtual charter school, a subject or at a level that is not authorized by the
11latter license.
AB870-ASA1,4,1512 2. If a pupil attends a virtual charter school, any person providing educational
13services to the pupil in the pupil's home, other than instructional staff of the virtual
14charter school, is not required to hold a license or permit to teach issued by the
15department.
AB870-ASA1,4,1816 (c) Staff duties. In a virtual charter school, an instructional staff member is
17responsible for all of the following for each pupil the instructional staff member
18teaches:
AB870-ASA1,4,1919 1. Improving learning by planned instruction.
AB870-ASA1,4,2020 2. Diagnosing learning needs.
AB870-ASA1,4,2121 3. Prescribing content delivery through class activities.
AB870-ASA1,4,2222 4. Assessing learning.
AB870-ASA1,4,2323 5. Reporting outcomes to administrators and parents and guardians.
AB870-ASA1,4,2424 6. Evaluating the effects of instruction.
AB870-ASA1,5,2
1(d) Required days and hours. A virtual charter school shall do all of the
2following:
AB870-ASA1,5,43 1. Provide educational services to its pupils for at least 150 days each school
4year.
AB870-ASA1,5,85 2. Ensure that its teachers are available to provide direct pupil instruction for
6at least the applicable number of hours specified in s. 121.02 (1) (f) 2. each school year.
7No more than 10 hours in any 24-hour period may count toward the requirement
8under this subdivision.
AB870-ASA1,5,119 3. Ensure that its teachers respond to inquiries from pupils and from parents
10or guardians of pupils by the end of the first school day following the day on which
11the inquiry is received.
AB870-ASA1,5,1512 (e) Parent advisory council. The governing body of a virtual charter school shall
13ensure that a parent advisory council is established for the school and that it meets
14on a regular basis. The governing body shall determine the selection process for
15members of the parent advisory council.
AB870-ASA1,5,1916 (f) Required notices. At the beginning of each school term, the governing body
17of a virtual charter school shall inform the parent or guardian of each pupil attending
18the virtual charter school, in writing, the name of, and how to contact, each of the
19following persons:
AB870-ASA1,5,2120 1. The members of the school board that contracted for the establishment of the
21virtual charter school and the administrators of that school district.
AB870-ASA1,5,2322 2. The members of the virtual charter school's governing body, if different than
23the persons under subd. 1.
AB870-ASA1,5,2524 3. The members of the virtual charter school's parent advisory council
25established under par. (e).
AB870-ASA1,6,1
14. The staff of the virtual charter school.
AB870-ASA1,6,52 (g) Pupil's failure to participate. 1. Whenever a pupil attending a virtual
3charter school fails to respond appropriately to a school assignment or directive from
4instructional staff within 5 school days, the governing body of the virtual charter
5school shall notify the pupil's parent or guardian.
AB870-ASA1,6,176 2. Subject to subd. 2m., the third time in the same semester that a pupil
7attending a virtual charter school fails to respond appropriately to a school
8assignment or directive from instructional staff within 5 school days, the governing
9body of the virtual charter school shall also notify the school board that contracted
10for the establishment of the virtual charter school, the school board of the pupil's
11resident school district, and the department. The school board that contracted for
12the establishment of the virtual charter school may transfer the pupil to his or her
13resident school district. If the pupil is a resident of the school district that contracted
14for the establishment of the virtual charter school, the school board may assign the
15pupil to another school or program within that school district. If the school board
16transfers or assigns a pupil, it shall notify the pupil's parent or guardian and the
17department.
AB870-ASA1,6,2418 2m. If the parent or guardian of a pupil attending a virtual charter school
19notifies the virtual charter school in writing before a school assignment or directive
20is given that the pupil will not be available to respond to the assignment or directive
21during a specified period, the school days during that period do not count for purposes
22of subd. 2. The virtual charter school shall require the pupil to complete any
23assignment missed during the period. This subdivision applies to no more than 10
24school days in a school year.
AB870-ASA1,7,5
13. The parent or guardian of a pupil transferred to the pupil's resident school
2district under subd. 2. may appeal the transfer to the department within 30 days
3after receipt of the notice of transfer. The department shall affirm the school board's
4decision unless the department finds that the decision was arbitrary or
5unreasonable.
AB870-ASA1,7,96 (h) Enrollment limit. 1. Subject to subds. 2., 3., and 5., the total number of
7pupils attending virtual charter schools through the open enrollment program under
8s. 118.51 in the 2009-10 school year and in each of the 5 succeeding school years may
9not exceed a number determined as follows:
AB870-ASA1,7,1210 a. For the limit in the 2009-10 school year, multiply the statewide total
11membership, as defined in s. 121.004 (5), that was used to calculate state aid under
12s. 121.08 for the 2008-09 school year by 1 percent.
AB870-ASA1,7,1613 b. For the limit in each of the 5 succeeding school years, multiply the statewide
14total membership, as defined in s. 121.004 (5), that was used to calculate state aid
15under s. 121.08 for the previous school year or for the 2008-09 school year, whichever
16is greater, by 1 percent.
AB870-ASA1,7,1817 2. The limit under subd. 1. does not apply to the sibling of a pupil who is enrolled
18in a virtual charter school.
AB870-ASA1,7,2319 3. The limit under subd. 1. does not apply to a pupil if the school board of the
20school district in which the pupil resides notifies the school board of the school
21district that the pupil wishes to attend, by the first Monday in March following the
22close of the open enrollment application period under s. 118.51 (3) (a) 1., that it
23approves the pupil's application.
AB870-ASA1,8,3
14. By the 3rd Friday following the close of the open enrollment application
2period under s. 118.51 (3) (a) 1., the governing body of each virtual charter school
3shall report to the department all of the following:
AB870-ASA1,8,64 a. The number of pupils who have applied to attend the virtual charter school
5through the open enrollment program under s. 118.51, excluding pupils described
6under subds. 2. and 3.
AB870-ASA1,8,117 b. The number of pupils attending the virtual charter school through the open
8enrollment program under s. 118.51 in the current school year who are expected to
9continue attending the virtual charter school through the open enrollment program
10under s. 118.51 in the succeeding school year, excluding pupils described under
11subds. 2. and 3.
AB870-ASA1,8,1712 5. If the department determines that the sum of the pupils reported under subd.
134. b. by all virtual charter schools is equal to or greater than the limit allowed under
14subd. 1., the department shall notify the virtual charter schools that all pupils
15reported under subd. 4. b. may attend virtual charter schools in the succeeding school
16year notwithstanding the limit under subd. 1., and that no pupils reported under
17subd. 4. a. may do so.
AB870-ASA1,9,618 6. If the department determines that the sum of the pupils reported under subd.
194. b. by all virtual charter schools is less than the limit allowed under subd. 1., the
20department shall add to the sum the number of pupils reported under subd. 4. a. for
21all virtual charter schools. For the purpose of performing this calculation, the
22department shall count a pupil who has applied to more than one virtual charter
23school only once. If the new sum is less than the limit allowed under subd. 1., the
24department shall notify the virtual charter schools that all pupils reported under
25subd. 4. may attend virtual charter schools in the succeeding school year. If the new

1sum is greater than the limit allowed under subd. 1., the department shall notify the
2virtual charter schools that all pupils reported by the virtual charter schools under
3subd. 4. b. may attend virtual charter schools in the succeeding school year. The
4department shall select pupils for the remaining available spaces on a random basis
5from the pupils reported by the virtual charter schools under subd. 4. a. and shall
6notify the virtual charter schools of the selections.
AB870-ASA1,9,127 7. The department shall maintain a waiting list for those pupils not selected
8at random under subd. 6. Each virtual charter school shall notify the department
9whenever it determines that a pupil determined to be eligible to attend the virtual
10charter school under subd. 6. will not be attending the virtual charter school. The
11department shall select pupils on a random basis from the waiting list to fill the
12newly available spaces.
AB870-ASA1, s. 11 13Section 11. 118.51 (2) of the statutes is amended to read:
AB870-ASA1,9,2114 118.51 (2) Applicability. A pupil may attend a public school, including a
15charter school, prekindergarten, 4-year-old kindergarten, or early childhood or
16school-operated day care program, in a nonresident school district under this
17section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten,
18or early childhood or school-operated day care program in a nonresident school
19district only if the pupil's resident school district offers the same type of program that
20the pupil wishes to attend and the pupil is eligible to attend that program in his or
21her resident school district.
AB870-ASA1, s. 12 22Section 12. 118.51 (3) (a) 6. of the statutes is amended to read:
AB870-ASA1,9,2523 118.51 (3) (a) 6. If an application is accepted, on or before the first Friday
24following the first Monday in June following receipt of a notice of acceptance, or
25within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting

1list under s. 118.40 (8) (h) 7.,
the pupil's parent shall notify the nonresident school
2board of the pupil's intent to attend school in that school district in the following
3school year.
AB870-ASA1, s. 13 4Section 13. 118.51 (3) (a) 7. of the statutes is created to read:
AB870-ASA1,10,85 118.51 (3) (a) 7. If the department has not notified a virtual charter school of
6the applications it may accept under s. 118.40 (8) (h) by the deadline for informing
7applicants under subd. 3. or 5., the nonresident school district shall specify in its
8notices under subd. 3. or 5. that the school district's acceptance is conditional.
AB870-ASA1, s. 14 9Section 14. 118.51 (3) (b) of the statutes is amended to read:
AB870-ASA1,10,1610 118.51 (3) (b) Notice to resident school district. Annually by June 30, each
11nonresident school board that has accepted a pupil under this section for attendance
12in the following school year shall report the name of the pupil to the pupil's resident
13school board. If a pupil is selected from a waiting list under s. 118.40 (8) (h) 7., the
14nonresident school board shall report the name of the pupil to the pupil's resident
15school board within 10 days of receiving notice of the pupil's selection from the
16department.
AB870-ASA1, s. 15 17Section 15. 118.51 (15) (a) of the statutes is amended to read:
AB870-ASA1,10,2518 118.51 (15) (a) Application form. Prepare, distribute to school districts and
19make available to parents an application form to be used by parents under sub. (3)
20(a). The form shall include provisions that permit a parent to apply for
21transportation reimbursement under sub. (14) (b). The form shall require an
22applicant who is applying to attend a virtual charter school to indicate that he or she
23is applying to attend a virtual charter school, the number of virtual charter schools
24to which he or she is applying, and whether he or she is a sibling of a pupil currently
25enrolled in a virtual charter school through the open enrollment program.
AB870-ASA1, s. 16
1Section 16. 118.51 (18) of the statutes is created to read:
AB870-ASA1,11,32 118.51 (18) Location of virtual charter schools. For purposes of this section,
3a virtual charter school is located in the school district specified in s. 118.40 (8) (a).
AB870-ASA1, s. 17 4Section 17. 119.04 (1) of the statutes, as affected by 2007 Wisconsin Act 20,
5is amended to read:
AB870-ASA1,11,146 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
766.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
8115.345, 115.361, 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06,
9118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16,
10118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8),
11118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12
12(5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
13(35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class
14city school district and board.
AB870-ASA1, s. 18 15Section 18. 120.21 (1) of the statutes is renumbered 120.21 (1) (a).
AB870-ASA1, s. 19 16Section 19. 120.21 (2) of the statutes is renumbered 120.21 (1) (b) and
17amended to read:
AB870-ASA1,11,1918 120.21 (1) (b) The cost of such contracts under this subsection shall be paid out
19of the school district general fund.
AB870-ASA1, s. 20 20Section 20. 120.21 (3) of the statutes is created to read:
AB870-ASA1,11,2221 120.21 (3) Any contract entered into by a school board that relates to providing
22online courses is open to public inspection and copying.
AB870-ASA1, s. 21 23Section 21. 121.02 (1) (a) 2. of the statutes is amended to read:
AB870-ASA1,12,424 121.02 (1) (a) 2. Ensure Subject to s. 118.40 (8) (b) 2., ensure that all
25instructional staff of charter schools located in the school district hold a license or

1permit to teach issued by the department. For purposes of this subdivision, a virtual
2charter school is located in the school district specified in s. 118.40 (8) (a).
The state
3superintendent shall promulgate rules defining "instructional staff" for purposes of
4this subdivision.
AB870-ASA1, s. 22 5Section 22. 121.83 (4) of the statutes is created to read:
AB870-ASA1,12,106 121.83 (4) Notwithstanding subs. (1) and (2), if a pupil who is not a resident
7of this state attends a virtual charter school in this state, the school board that
8contracted for the establishment of the virtual charter school shall charge tuition for
9the pupil in an amount equal to at least the amount determined under s. 118.51 (16)
10(a) 3.
AB870-ASA1, s. 23 11Section 23. Nonstatutory provisions.
AB870-ASA1,12,1212 (1) Audit.
AB870-ASA1,12,1413 (a) The legislative audit bureau shall perform a financial and performance
14evaluation audit of virtual charter schools. The audit shall do all of the following:
AB870-ASA1,12,17 151. Compare the amount paid by the state for pupils attending a virtual charter
16school through the Open Enrollment Program to the actual educational costs of
17pupils attending virtual charter schools.
AB870-ASA1,12,19 182. Compare the cost of educating pupils in virtual charter schools to the cost
19of educating pupils in other public schools.
AB870-ASA1,12,22 203. Determine the actual and potential effects of state payments for pupils
21attending virtual charter schools through the Open Enrollment Program on the
22budgets of the school districts in which the pupils reside and on other school districts.
AB870-ASA1,12,25 234. Compare the academic achievement of pupils who attend virtual charter
24schools to the academic achievement of pupils of similar socioeconomic backgrounds
25who attend other public schools.
AB870-ASA1,13,3
15. Determine the amount of pupil-teacher contact and one-on-one
2pupil-teacher interaction, categorized by grade level, occurring in virtual charter
3schools, as compared to other public schools.
AB870-ASA1,13,5 46. Determine the percentage of pupils attending virtual charter schools to
5which each of the following applied in the previous school year:
AB870-ASA1,13,6 6a. The pupils did not attend school.
AB870-ASA1,13,7 7b. The pupils attended a public school other than a virtual charter school.
AB870-ASA1,13,8 8c. The pupils attended a private school.
AB870-ASA1,13,9 9d. The pupils attended a home-based private educational program.
AB870-ASA1,13,11 107. Determine the level of satisfaction that pupils attending virtual charter
11schools and their parents or guardians enjoy with their schools.
AB870-ASA1,13,13 128. Determine the extent to which virtual charter schools have created
13innovative educational programs.
AB870-ASA1,13,15 149. Determine the extent to which special education and related services are
15provided to children with disabilities who attend virtual charter schools.
AB870-ASA1,13,18 1610. Determine the effect of the enrollment limit under section 118.40 (8) (h) of
17the statutes, as created by this act, on the ability of pupils to attend virtual charter
18schools.
AB870-ASA1,13,2119 (b) The bureau shall submit copies of the audit report to the chief clerk of each
20house of the legislature for distribution to the appropriate standing committees in
21the manner provided in section s. 13.172 (3) of the statutes by December 30, 2009.
AB870-ASA1, s. 24 22Section 24. Effective dates. This act takes effect on the day after publication,
23except as follows:
AB870-ASA1,13,2524 (1) The treatment of sections 118.40 (4) (b) 1. and (8) (d) and 121.83 (4) of the
25statutes takes effect on July 1, 2008.
AB870-ASA1,14,2
1(2) The treatment of section 118.40 (8) (b) 1. of the statutes takes effect on July
21, 2009.
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