Amendment ASA2-AB870

AB870-ASA2,6,5 (g) Pupil's failure to participate. 1. Whenever a pupil attending a virtual charter school fails to respond appropriately to a school assignment or directive from instructional staff within 5 school days, the governing body of the virtual charter school shall notify the pupil's parent or guardian.

AB870-ASA2,6,17 2. The third time in the same semester that a pupil attending a virtual charter school fails to respond appropriately to a school assignment or directive from instructional staff within 5 school days, the governing body of the virtual charter school shall notify the pupil's parent or guardian, the school board that contracted for the establishment of the virtual charter school, the school board of the pupil's resident school district, and the department. The school board that contracted for the establishment of the virtual charter school may transfer the pupil to his or her resident school district. If the pupil is a resident of the school district that contracted for the establishment of the virtual charter school, the school board may assign the pupil to another school or program within that school district. If the school board transfers or assigns a pupil, it shall notify the pupil's parent or guardian and the department.

AB870-ASA2,6,22 3. The parent or guardian of a pupil transferred to the pupil's resident school district under subd. 2. may appeal the transfer to the department within 30 days after receipt of the notice of transfer. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable.

AB870-ASA2,7,2 (h) Enrollment limit. 1. Except as provided in subds. 2. and 3., in the 2009-10 and 2010-2011 school years, a virtual charter school may not enroll more pupils through the open enrollment program under s. 118.51 than it enrolled through the open enrollment program under s. 118.51 on September 19, 2008.

AB870-ASA2,7,4 2. The limit under subd. 1. does not apply to the sibling of a pupil who was enrolled in the virtual charter school on September 19, 2008.

AB870-ASA2,7,6 3. The limit under subd. 1. does not apply to a pupil who was enrolled in a different virtual charter school on September 19, 2008, or to a sibling of that pupil.

AB870-ASA2,7,9 (i) Enrollment increases. In the 2011-12 to 2014-15 school years, the number of pupils attending a virtual charter school through the open enrollment program under s. 118.51 may not exceed the number determined as follows:

AB870-ASA2,7,12 1. Divide the number of pupils attending the virtual charter school through the open enrollment program under s. 118.51 on September 19, 2008, by the total number of such pupils attending all virtual charter schools on September 19, 2008.

AB870-ASA2,7,15 2. Subtract from 4,500 the total number of pupils attending virtual charter schools through the open enrollment program under s. 118.51 on September 19, 2008.

AB870-ASA2,7,19 3. Add to the number of pupils attending the virtual charter school through the open enrollment program under s. 118.51 on September 19, 2008, a number equal to the following percentage of the result of the quotient under subd. 1. multiplied by the difference under subd. 2.:

AB870-ASA2,7,20 a. In the 2011-12 school year, 25 percent.

AB870-ASA2,7,21 b. In the 2012-13 school year, 50 percent.

AB870-ASA2,7,22 c. In the 2013-14 school year, 75 percent.

AB870-ASA2,7,23 d. In the 2014-15 school year, 100 percent.

AB870-ASA2, s. 11 Section 11. 118.51 (2) of the statutes is amended to read:

AB870-ASA2,8,8 118.51 (2) Applicability. A pupil may attend a public school, including a charter school, prekindergarten, 4-year-old kindergarten, or early childhood or school-operated day care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated day care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.

AB870-ASA2, s. 12 Section 12. 118.51 (18) of the statutes is created to read:

AB870-ASA2,8,11 118.51 (18) Location of virtual charter schools. For purposes of this section, a virtual charter school is located in the school district specified in s. 118.40 (8) (a).

AB870-ASA2, s. 13 Section 13. 119.04 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB870-ASA2,8,22 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 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 (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB870-ASA2, s. 14 Section 14. 120.21 (1) of the statutes is renumbered 120.21 (1) (a).

AB870-ASA2, s. 15 Section 15. 120.21 (2) of the statutes is renumbered 120.21 (1) (b) and amended to read:

AB870-ASA2,9,2 120.21 (1) (b) The cost of such contracts under this subsection shall be paid out of the school district general fund.

AB870-ASA2, s. 16 Section 16. 120.21 (3) of the statutes is created to read:

AB870-ASA2,9,5 120.21 (3) Any contract entered into by a school board that relates to providing online courses is open to public inspection and copying.

AB870-ASA2, s. 17 Section 17. 121.02 (1) (a) 2. of the statutes is amended to read:

AB870-ASA2,9,12 121.02 (1) (a) 2. Ensure Subject to s. 118.40 (8) (b) 2., ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. For purposes of this subdivision, a virtual charter school is located in the school district specified in s. 118.40 (8) (a). The state superintendent shall promulgate rules defining "instructional staff" for purposes of this subdivision.

AB870-ASA2, s. 18 Section 18. 121.83 (4) of the statutes is created to read:

AB870-ASA2,9,18 121.83 (4) Notwithstanding subs. (1) and (2), if a pupil who is not a resident of this state attends a virtual charter school in this state, the school board that contracted for the establishment of the virtual charter school shall charge tuition for the pupil in an amount equal to at least the amount determined under s. 118.51 (16) (a) 3.

AB870-ASA2, s. 19 Section 19. Nonstatutory provisions.

AB870-ASA2,9,20 (1) Audit.

AB870-ASA2,9,22 (a) The legislative audit bureau shall perform a financial and performance evaluation audit of virtual charter schools. The audit shall do all of the following:

AB870-ASA2,9,25 1. Compare the amount paid by the state for pupils attending a virtual charter school through the Open Enrollment Program to the actual educational costs of pupils attending virtual charter schools.

AB870-ASA2,10,3 2. Determine the actual and potential effects of state payments for pupils attending virtual charter schools through the Open Enrollment Program on the budgets of the school districts in which the pupils reside and on other school districts.

AB870-ASA2,10,6 3. Compare the academic achievement of pupils who attend virtual charter schools to the academic achievement of pupils of similar socioeconomic backgrounds who attend other public schools.

AB870-ASA2,10,8 4. Determine the amount of pupil-teacher contact, categorized by grade level, occurring in virtual charter schools.

AB870-ASA2,10,10 5. Determine the percentage of pupils attending virtual charter schools to which each of the following applied in the previous school year:

AB870-ASA2,10,11 a. The pupils did not attend school.

AB870-ASA2,10,12 b. The pupils attended a public school other than a virtual charter school.

AB870-ASA2,10,13 c. The pupils attended a private school.

AB870-ASA2,10,14 d. The pupils attended a home-based private educational program.

AB870-ASA2,10,17 6. Determine the effect of the enrollment limit under section 118.40 (8) (h) of the statutes, as created by this act, on the ability of pupils to attend virtual charter schools.

AB870-ASA2,10,20 (b) The bureau shall submit copies of the audit report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided in section s. 13.172 (3) of the statutes by December 30, 2009.

AB870-ASA2, s. 20 Section 20. Effective dates. This act takes effect on the day after publication, except as follows:

AB870-ASA2,10,24 (1) The treatment of sections 118.40 (4) (b) 1. and (8) (d) and 121.83 (4) of the statutes takes effect on July 1, 2008.

AB870-ASA2,11,2 (2) The treatment of section 118.40 (8) (b) 1. of the statutes takes effect on July 1, 2009.

AB870-ASA2,11,3 (End)