SB396-ASA1, s. 1 7Section 1. 115.001 (16) of the statutes is created to read:
SB396-ASA1,1,128 115.001 (16) Virtual charter school. "Virtual charter school" means a charter
9school under contract with a school board under s. 118.40 in which all or a portion
10of the instruction is provided through means of the Internet, and the pupils enrolled
11in and instructional staff employed by the school are geographically remote from
12each other.
SB396-ASA1, s. 2
1Section 2. 115.28 (53) of the statutes is created to read:
SB396-ASA1,2,42 115.28 (53) Online courses. Make online courses available for a reasonable
3fee, through a statewide web academy, to school districts, cooperative educational
4service agencies, and charter schools and private schools located in this state.
SB396-ASA1, s. 3 5Section 3. 118.15 (1) (a) of the statutes is amended to read:
SB396-ASA1,2,126 118.15 (1) (a) Except as provided under pars. (b) to (d) and (g) and sub. (4),
7unless the child is excused under sub. (3) or has graduated from high school, any
8person having under control a child who is between the ages of 6 and 18 years shall
9cause the child to attend school regularly during the full period and hours, religious
10holidays excepted, that the public or private school in which the child should be
11enrolled is in session until the end of the school term, quarter or semester of the
12school year in which the child becomes 18 years of age.
SB396-ASA1, s. 4 13Section 4. 118.15 (1) (g) of the statutes is created to read:
SB396-ASA1,2,1514 118.15 (1) (g) Paragraph (a) does not apply to a person having under control
15a child who is enrolled in a virtual charter school.
SB396-ASA1, s. 5 16Section 5. 118.19 (1) of the statutes is amended to read:
SB396-ASA1,2,2017 118.19 (1) Any Except as provided in s. 118.40 (8) (b) 2., any person seeking to
18teach in a public school, including a charter school, or in a school or institution
19operated by a county or the state shall first procure a license or permit from the
20department.
SB396-ASA1, s. 6 21Section 6. 118.19 (13) of the statutes is created to read:
SB396-ASA1,2,2522 118.19 (13) Beginning July 1, 2010, no person may teach an online course in
23a public school, including a charter school, unless he or she has completed at least
2430 hours of professional development designed to prepare a teacher for online
25teaching.
SB396-ASA1, s. 7
1Section 7. 118.40 (2r) (b) 4. of the statutes is created to read:
SB396-ASA1,3,32 118.40 (2r) (b) 4. No chartering or contracting entity under subd. 1. may
3establish or enter into a contract for the establishment of a virtual charter school.
SB396-ASA1, s. 8 4Section 8. 118.40 (3) (c) of the statutes is renumbered 118.40 (3) (c) 1. and
5amended to read:
SB396-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.
SB396-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.
SB396-ASA1, s. 9 17Section 9. 118.40 (4) (b) 1. of the statutes is amended to read:
SB396-ASA1,3,1818 118.40 (4) (b) 1. Charge tuition, except as otherwise provided in s. 121.83 (4).
SB396-ASA1, s. 10 19Section 10. 118.40 (8) of the statutes is created to read:
SB396-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:
SB396-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.
SB396-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.
SB396-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.
SB396-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.
SB396-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:
SB396-ASA1,4,1919 1. Improving learning by planned instruction.
SB396-ASA1,4,2020 2. Diagnosing learning needs.
SB396-ASA1,4,2121 3. Prescribing content delivery through class activities.
SB396-ASA1,4,2222 4. Assessing learning.
SB396-ASA1,4,2323 5. Reporting outcomes to administrators and parents and guardians.
SB396-ASA1,4,2424 6. Evaluating the effects of instruction.
SB396-ASA1,5,2
1(d) Required days and hours. A virtual charter school shall do all of the
2following:
SB396-ASA1,5,43 1. Provide educational services to its pupils for at least 150 days each school
4year.
SB396-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.
SB396-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.
SB396-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.
SB396-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:
SB396-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.
SB396-ASA1,5,2322 2. The members of the virtual charter school's governing body, if different than
23the persons under subd. 1.
SB396-ASA1,5,2524 3. The members of the virtual charter school's parent advisory council
25established under par. (e).
SB396-ASA1,6,1
14. The staff of the virtual charter school.
SB396-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.
SB396-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.
SB396-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.
SB396-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.
SB396-ASA1,7,86 (h) Enrollment limit. 1. Subject to subds. 3. and 4., beginning in the 2009-10
7school year, the total number of pupils attending virtual charter schools through the
8open enrollment program under s. 118.51 in any school year may not exceed 5,250.
SB396-ASA1,7,109 2. By the first Friday following the first Monday in April, the governing body
10of each virtual charter school shall report to the department all of the following:
SB396-ASA1,7,1211 a. The number of pupils who have initially applied and been accepted to attend
12the virtual charter school through the open enrollment program under s. 118.51.
SB396-ASA1,7,1613 b. The number of pupils attending the virtual charter school through the open
14enrollment program under s. 118.51 in the current school year who are expected to
15continue attending a virtual charter school through the open enrollment program
16under s. 118.51 in the succeeding school year.
SB396-ASA1,7,1817 c. Of the applicants reported under subd. 2. a., those who are siblings of pupils
18reported under subd. 2. b.
SB396-ASA1,8,219 2m. If the department determines that the sum of the pupils reported under
20subd. 2. a. and b. by all virtual charter schools is no more than the limit under subd.
211., the department shall notify the virtual charter schools that all pupils reported
22under subd. 2. a. and b. may attend virtual charter schools in the succeeding school
23year. If the department determines that the sum of the pupils reported under subd.
242. a. and b. by all virtual charter schools is more than the limit under subd. 1., the

1department shall calculate the sum of pupils reported under subd. 2. b. by all virtual
2charter schools.
SB396-ASA1,8,83 3. If the department determines under subd. 2m. that the sum of the pupils
4reported under subd. 2. b. by all virtual charter schools is equal to or greater than
5the limit allowed under subd. 1., the department shall notify the virtual charter
6schools that all pupils reported under subd. 2. b. and c. may attend virtual charter
7schools in the succeeding school year notwithstanding the limit under subd. 1., but
8that no other pupils reported under subd. 2. a. may do so.
SB396-ASA1,8,229 4. If the department determines under subd. 2m. that the sum of the pupils
10reported under subd. 2. b. by all virtual charter schools is less than the limit allowed
11under subd. 1., the department shall add to the sum the number of pupils reported
12under subd. 2. c. for all virtual charter schools. If the new sum is equal to or greater
13than the limit allowed under subd. 1., the department shall notify the virtual charter
14schools that all pupils reported under subd. 2. b. and c. may attend virtual charter
15schools in the succeeding school year notwithstanding the limit under subd. 1., but
16that no other pupils reported under subd. 2. a. may do so, except as provided in subd.
175. If the new sum is less than the limit allowed under subd. 1., the department shall
18notify the virtual charter schools that all pupils reported by the virtual charter
19schools under subd. 2. b. and c. may attend virtual charter schools in the succeeding
20school year. The department shall select pupils for the remaining available spaces
21on a random basis from the pupils reported by the virtual charter schools under subd.
222. a. and shall notify the virtual charter schools of the selections.
SB396-ASA1,8,2423 4m. In performing the calculations under subds. 2m. to 4., the department shall
24count a pupil who has applied to more than one virtual charter school only once.
SB396-ASA1,9,6
15. The department shall maintain a waiting list for those pupils not selected
2at random under subd. 4. Each virtual charter school shall notify the department
3whenever it determines that a pupil determined to be eligible to attend the virtual
4charter school under subd. 4. will not be attending the virtual charter school. The
5department shall select pupils on a random basis from the waiting list to fill the
6newly available spaces.
SB396-ASA1, s. 11 7Section 11. 118.51 (2) of the statutes is amended to read:
SB396-ASA1,9,158 118.51 (2) Applicability. A pupil may attend a public school, including a
9charter school, prekindergarten, 4-year-old kindergarten, or early childhood or
10school-operated day care program, in a nonresident school district under this
11section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten,
12or early childhood or school-operated day care program in a nonresident school
13district only if the pupil's resident school district offers the same type of program that
14the pupil wishes to attend and the pupil is eligible to attend that program in his or
15her resident school district.
SB396-ASA1, s. 12 16Section 12. 118.51 (3) (a) 6. of the statutes is amended to read:
SB396-ASA1,9,2217 118.51 (3) (a) 6. If an application is accepted, on or before the first Friday
18following the first Monday in June following receipt of a notice of acceptance, or
19within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting
20list under s. 118.40 (8) (h) 5.,
the pupil's parent shall notify the nonresident school
21board of the pupil's intent to attend school in that school district in the following
22school year.
SB396-ASA1, s. 13 23Section 13. 118.51 (3) (a) 7. of the statutes is created to read:
SB396-ASA1,9,2524 118.51 (3) (a) 7. If the department has not notified a virtual charter school of
25the pupils who may attend the school under s. 118.40 (8) (h) by the deadline for

1informing applicants under subd. 3. or 5., the nonresident school district shall specify
2in its notices under subd. 3. or 5. that the school district's acceptance is conditional.
SB396-ASA1, s. 14 3Section 14. 118.51 (3) (b) of the statutes is amended to read:
SB396-ASA1,10,104 118.51 (3) (b) Notice to resident school district. Annually by June 30, each
5nonresident school board that has accepted a pupil under this section for attendance
6in the following school year shall report the name of the pupil to the pupil's resident
7school board. If a pupil is selected from a waiting list under s. 118.40 (8) (h) 5., the
8nonresident school board shall report the name of the pupil to the pupil's resident
9school board within 10 days of receiving notice of the pupil's selection from the
10department.
SB396-ASA1, s. 15 11Section 15. 118.51 (15) (a) of the statutes is amended to read:
SB396-ASA1,10,1912 118.51 (15) (a) Application form. Prepare, distribute to school districts and
13make available to parents an application form to be used by parents under sub. (3)
14(a). The form shall include provisions that permit a parent to apply for
15transportation reimbursement under sub. (14) (b). The form shall require an
16applicant who is applying to attend a virtual charter school to indicate that he or she
17is applying to attend a virtual charter school, the number of virtual charter schools
18to which he or she is applying, and whether he or she is a sibling of a pupil currently
19enrolled in a virtual charter school through the open enrollment program.
SB396-ASA1, s. 16 20Section 16. 118.51 (18) of the statutes is created to read:
SB396-ASA1,10,2221 118.51 (18) Location of virtual charter schools. For purposes of this section,
22a virtual charter school is located in the school district specified in s. 118.40 (8) (a).
SB396-ASA1, s. 17 23Section 17. 119.04 (1) of the statutes, as affected by 2007 Wisconsin Act 20,
24is amended to read:
SB396-ASA1,11,9
1119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
266.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
3115.345, 115.361, 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06,
4118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16,
5118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8),
6118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12
7(5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
8(35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class
9city school district and board.
SB396-ASA1, s. 18 10Section 18. 120.21 (1) of the statutes is renumbered 120.21 (1) (a).
SB396-ASA1, s. 19 11Section 19. 120.21 (2) of the statutes is renumbered 120.21 (1) (b) and
12amended to read:
SB396-ASA1,11,1413 120.21 (1) (b) The cost of such contracts under this subsection shall be paid out
14of the school district general fund.
SB396-ASA1, s. 20 15Section 20. 120.21 (3) of the statutes is created to read:
SB396-ASA1,11,1716 120.21 (3) Any contract entered into by a school board that relates to providing
17online courses is open to public inspection and copying.
SB396-ASA1, s. 21 18Section 21. 121.02 (1) (a) 2. of the statutes is amended to read:
SB396-ASA1,11,2419 121.02 (1) (a) 2. Ensure Subject to s. 118.40 (8) (b) 2., ensure that all
20instructional staff of charter schools located in the school district hold a license or
21permit to teach issued by the department. For purposes of this subdivision, a virtual
22charter school is located in the school district specified in s. 118.40 (8) (a).
The state
23superintendent shall promulgate rules defining "instructional staff" for purposes of
24this subdivision.
SB396-ASA1, s. 22 25Section 22. 121.83 (4) of the statutes is created to read:
SB396-ASA1,12,5
1121.83 (4) Notwithstanding subs. (1) and (2), if a pupil who is not a resident
2of this state attends a virtual charter school in this state, the school board that
3contracted for the establishment of the virtual charter school shall charge tuition for
4the pupil in an amount equal to at least the amount determined under s. 118.51 (16)
5(a) 3.
SB396-ASA1, s. 23 6Section 23. Nonstatutory provisions.
SB396-ASA1,12,77 (1) Audit.
SB396-ASA1,12,98 (a) The legislative audit bureau shall perform a financial and performance
9evaluation audit of virtual charter schools. The audit shall do all of the following:
SB396-ASA1,12,12 101. Compare the amount paid by the state for pupils attending a virtual charter
11school through the Open Enrollment Program to the actual educational costs of
12pupils attending virtual charter schools.
SB396-ASA1,12,14 132. Compare the cost of educating pupils in virtual charter schools to the cost
14of educating pupils in other public schools.
SB396-ASA1,12,17 153. Determine the actual and potential effects of state payments for pupils
16attending virtual charter schools through the Open Enrollment Program on the
17budgets of the school districts in which the pupils reside and on other school districts.
SB396-ASA1,12,20 184. Compare the academic achievement of pupils who attend virtual charter
19schools to the academic achievement of pupils of similar socioeconomic backgrounds
20who attend other public schools.
SB396-ASA1,12,23 215. Determine the amount of pupil-teacher contact and one-on-one
22pupil-teacher interaction, categorized by grade level, occurring in virtual charter
23schools, as compared to other public schools.
SB396-ASA1,12,25 246. Determine the percentage of pupils attending virtual charter schools to
25which each of the following applied in the previous school year:
SB396-ASA1,13,1
1a. The pupils did not attend school.
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