Amendment ASA1-SB396

SB396-ASA1,6,24 2m. If the parent or guardian of a pupil attending a virtual charter school notifies the virtual charter school in writing before a school assignment or directive is given that the pupil will not be available to respond to the assignment or directive during a specified period, the school days during that period do not count for purposes of subd. 2. The virtual charter school shall require the pupil to complete any assignment missed during the period. This subdivision applies to no more than 10 school days in a school year.

SB396-ASA1,7,5 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.

SB396-ASA1,7,8 (h) Enrollment limit. 1. Subject to subds. 3. and 4., beginning in the 2009-10 school year, the total number of pupils attending virtual charter schools through the open enrollment program under s. 118.51 in any school year may not exceed 5,250.

SB396-ASA1,7,10 2. By the first Friday following the first Monday in April, the governing body of each virtual charter school shall report to the department all of the following:

SB396-ASA1,7,12 a. The number of pupils who have initially applied and been accepted to attend the virtual charter school through the open enrollment program under s. 118.51.

SB396-ASA1,7,16 b. The number of pupils attending the virtual charter school through the open enrollment program under s. 118.51 in the current school year who are expected to continue attending a virtual charter school through the open enrollment program under s. 118.51 in the succeeding school year.

SB396-ASA1,7,18 c. Of the applicants reported under subd. 2. a., those who are siblings of pupils reported under subd. 2. b.

SB396-ASA1,8,2 2m. If the department determines that the sum of the pupils reported under subd. 2. a. and b. by all virtual charter schools is no more than the limit under subd. 1., the department shall notify the virtual charter schools that all pupils reported under subd. 2. a. and b. may attend virtual charter schools in the succeeding school year. If the department determines that the sum of the pupils reported under subd. 2. a. and b. by all virtual charter schools is more than the limit under subd. 1., the department shall calculate the sum of pupils reported under subd. 2. b. by all virtual charter schools.

SB396-ASA1,8,8 3. If the department determines under subd. 2m. that the sum of the pupils reported under subd. 2. b. by all virtual charter schools is equal to or greater than the limit allowed under subd. 1., the department shall notify the virtual charter schools that all pupils reported under subd. 2. b. and c. may attend virtual charter schools in the succeeding school year notwithstanding the limit under subd. 1., but that no other pupils reported under subd. 2. a. may do so.

SB396-ASA1,8,22 4. If the department determines under subd. 2m. that the sum of the pupils reported under subd. 2. b. by all virtual charter schools is less than the limit allowed under subd. 1., the department shall add to the sum the number of pupils reported under subd. 2. c. for all virtual charter schools. If the new sum is equal to or greater than the limit allowed under subd. 1., the department shall notify the virtual charter schools that all pupils reported under subd. 2. b. and c. may attend virtual charter schools in the succeeding school year notwithstanding the limit under subd. 1., but that no other pupils reported under subd. 2. a. may do so, except as provided in subd. 5. If the new sum is less than the limit allowed under subd. 1., the department shall notify the virtual charter schools that all pupils reported by the virtual charter schools under subd. 2. b. and c. may attend virtual charter schools in the succeeding school year. The department shall select pupils for the remaining available spaces on a random basis from the pupils reported by the virtual charter schools under subd. 2. a. and shall notify the virtual charter schools of the selections.

SB396-ASA1,8,24 4m. In performing the calculations under subds. 2m. to 4., the department shall count a pupil who has applied to more than one virtual charter school only once.

SB396-ASA1,9,6 5. The department shall maintain a waiting list for those pupils not selected at random under subd. 4. Each virtual charter school shall notify the department whenever it determines that a pupil determined to be eligible to attend the virtual charter school under subd. 4. will not be attending the virtual charter school. The department shall select pupils on a random basis from the waiting list to fill the newly available spaces.

SB396-ASA1, s. 11 Section 11. 118.51 (2) of the statutes is amended to read:

SB396-ASA1,9,15 118.51 (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.

SB396-ASA1, s. 12 Section 12. 118.51 (3) (a) 6. of the statutes is amended to read:

SB396-ASA1,9,22 118.51 (3) (a) 6. If an application is accepted, on or before the first Friday following the first Monday in June following receipt of a notice of acceptance, or within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting list under s. 118.40 (8) (h) 5., the pupil's parent shall notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.

SB396-ASA1, s. 13 Section 13. 118.51 (3) (a) 7. of the statutes is created to read:

SB396-ASA1,9,25 118.51 (3) (a) 7. If the department has not notified a virtual charter school of the pupils who may attend the school under s. 118.40 (8) (h) by the deadline for informing applicants under subd. 3. or 5., the nonresident school district shall specify in its notices under subd. 3. or 5. that the school district's acceptance is conditional.

SB396-ASA1, s. 14 Section 14. 118.51 (3) (b) of the statutes is amended to read:

SB396-ASA1,10,10 118.51 (3) (b) Notice to resident school district. Annually by June 30, each nonresident school board that has accepted a pupil under this section for attendance in the following school year shall report the name of the pupil to the pupil's resident school board. If a pupil is selected from a waiting list under s. 118.40 (8) (h) 5., the nonresident school board shall report the name of the pupil to the pupil's resident school board within 10 days of receiving notice of the pupil's selection from the department.

SB396-ASA1, s. 15 Section 15. 118.51 (15) (a) of the statutes is amended to read:

SB396-ASA1,10,19 118.51 (15) (a) Application form. Prepare, distribute to school districts and make available to parents an application form to be used by parents under sub. (3) (a). The form shall include provisions that permit a parent to apply for transportation reimbursement under sub. (14) (b). The form shall require an applicant who is applying to attend a virtual charter school to indicate that he or she is applying to attend a virtual charter school, the number of virtual charter schools to which he or she is applying, and whether he or she is a sibling of a pupil currently enrolled in a virtual charter school through the open enrollment program.

SB396-ASA1, s. 16 Section 16. 118.51 (18) of the statutes is created to read:

SB396-ASA1,10,22 118.51 (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).

SB396-ASA1, s. 17 Section 17. 119.04 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB396-ASA1,11,9 119.04 (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.

SB396-ASA1, s. 18 Section 18. 120.21 (1) of the statutes is renumbered 120.21 (1) (a).

SB396-ASA1, s. 19 Section 19. 120.21 (2) of the statutes is renumbered 120.21 (1) (b) and amended to read:

SB396-ASA1,11,14 120.21 (1) (b) The cost of such contracts under this subsection shall be paid out of the school district general fund.

SB396-ASA1, s. 20 Section 20. 120.21 (3) of the statutes is created to read:

SB396-ASA1,11,17 120.21 (3) Any contract entered into by a school board that relates to providing online courses is open to public inspection and copying.

SB396-ASA1, s. 21 Section 21. 121.02 (1) (a) 2. of the statutes is amended to read:

SB396-ASA1,11,24 121.02 (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.

SB396-ASA1, s. 22 Section 22. 121.83 (4) of the statutes is created to read:

SB396-ASA1,12,5 121.83 (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.

SB396-ASA1, s. 23 Section 23. Nonstatutory provisions.

SB396-ASA1,12,7 (1) Audit.

SB396-ASA1,12,9 (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:

SB396-ASA1,12,12 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.

SB396-ASA1,12,14 2. Compare the cost of educating pupils in virtual charter schools to the cost of educating pupils in other public schools.

SB396-ASA1,12,17 3. 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.

SB396-ASA1,12,20 4. 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.

SB396-ASA1,12,23 5. Determine the amount of pupil-teacher contact and one-on-one pupil-teacher interaction, categorized by grade level, occurring in virtual charter schools, as compared to other public schools.

SB396-ASA1,12,25 6. Determine the percentage of pupils attending virtual charter schools to which each of the following applied in the previous school year:

SB396-ASA1,13,1 a. The pupils did not attend school.

SB396-ASA1,13,2 b. The pupils attended a public school other than a virtual charter school.

SB396-ASA1,13,3 c. The pupils attended a private school.

SB396-ASA1,13,4 d. The pupils attended a home-based private educational program.

SB396-ASA1,13,6 7. Determine the level of satisfaction that pupils attending virtual charter schools and their parents or guardians enjoy with their schools.

SB396-ASA1,13,8 8. Determine the extent to which virtual charter schools have created innovative educational programs.

SB396-ASA1,13,10 9. Determine the extent to which special education and related services are provided to children with disabilities who attend virtual charter schools.

SB396-ASA1,13,13 10. 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.

SB396-ASA1,13,16 (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.

SB396-ASA1, s. 24 Section 24. Effective dates. This act takes effect on the day after publication, except as follows:

SB396-ASA1,13,20 (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.

SB396-ASA1,13,22 (2) The treatment of section 118.40 (8) (b) 1. of the statutes takes effect on July 1, 2009.

SB396-ASA1,13,23 (End)