Amendment ASA2-AB558

AB558-ASA2,9,6 115.38 (1m) (intro.) The Annually, the state superintendent shall develop prepare a school and school district performance report for use by school districts under sub. (2). The report shall include all of the following by school and by school district:

AB558-ASA2,9,10 (c) Staffing and financial data information, as determined by the state superintendent, not to exceed 10 items. The state superintendent may not request a school or school board to provide information solely for the purpose of including the information in the report under this paragraph.

AB558-ASA2,9,12 (e) The method of reading instruction used in the school or school district and the textbook series used to teach reading in the school or school district.

AB558-ASA2, s. 23 Section 23. 115.38 (1e) to (1k) of the statutes are created to read:

AB558-ASA2,9,16 115.38 (1e) In this section, "school" means a public school, including a charter school, and a private school participating in a parental choice program under s. 118.60 or 119.23.

AB558-ASA2,9,19 (1g) The department shall establish a comprehensive school and school district accountability system beginning in the 2012-13 school year that includes all of the following components:

AB558-ASA2,9,21 (a) Multiple measures to determine a school's performance or a school district's improvement status under s. 118.42, including all of the following:

AB558-ASA2,9,22 1. Pupil achievement and growth in reading and mathematics.

AB558-ASA2,9,24 2. Measures of college and career readiness for high school pupils and measures indicative of being on track for college and career readiness in the elementary grades.

AB558-ASA2,10,2 3. Gaps in pupil achievement and rates of graduation, categorized by race, English language proficiency, disability, and income level.

AB558-ASA2,10,14 (b) An index system to identify a school's level of performance and annually place each school into one of 6 performance categories based on data derived from multiple school years. The department shall collect and disseminate the best practices from the schools placed in the highest performance category. For schools placed in the lowest performance category, the department shall identify opportunities to provide support and shall intervene as provided in pars. (d) to (f). As part of that intervention, the department shall establish performance improvement benchmarks, which shall reflect the annual improvement necessary to remove the school from the lowest performance category within 3 years. Performance improvement benchmarks shall be as uniform as reasonably possible for all schools other than those serving predominantly children at risk, as defined in s. 118.153 (1) (a).

AB558-ASA2,10,19 (c) The production of annual school and school district reports that are timely, useful, and understandable. Each school and school district shall display prominently on the school's and school district's Internet sites the reports produced by the department under this section and make copies available upon request in the school's office.

AB558-ASA2,10,22 (d) If the department determines that a public school other than a charter school is in the lowest performance category, the department shall do all of the following:

AB558-ASA2,10,24 1. Direct a department-approved, on-site, diagnostic review of the school to determine the cause of the school's poor performance.

AB558-ASA2,11,2 2. Direct the school board to implement department-approved improvement activities, based on the diagnostic review, within 3 school years or close the school.

AB558-ASA2,11,6 3. If the school board chooses to implement department-approved improvement activities under subd. 2. but after 3 school years remains in the lowest performance category, direct the activities of the school in a manner consistent with s. 118.42.

AB558-ASA2,11,8 4. If the diagnostic review under subd. 1. reveals that the school district has been in need of improvement for 3 consecutive school years, s. 118.42 applies.

AB558-ASA2,11,10 (e) If the department determines that a charter school is in the lowest performance category, the charter school shall do one of the following:

AB558-ASA2,11,14 1. After participating in a department-approved, on-site, diagnostic review, implement department-approved improvement activities. After 3 years, if the charter school remains in the lowest performance category, the department shall revoke the school's charter.

AB558-ASA2,11,18 2. Enter into a performance agreement with the department in which the charter school agrees to meet annual, department-approved, performance benchmarks. If a benchmark is not met in any year, the department shall revoke the school's charter.

AB558-ASA2,11,21 (f) If the department determines that a private school participating in a program under s. 118.60 or 119.23 is in the lowest performance category, the private school shall do one of the following:

AB558-ASA2,12,2 1. After participating in a department-approved, on-site, diagnostic review paid for by the private school, pay for and implement department-approved improvement activities. After 3 years, if the private school remains in the lowest performance category, the department shall bar the school from participating in the program under s. 118.60 or 119.23.

AB558-ASA2,12,6 2. Enter into a performance agreement with the department in which the private school agrees to meet annual, department-approved, performance benchmarks. If a benchmark is not met in any year, the department shall bar the school from participating in the program under s. 118.60 or 119.23.

AB558-ASA2,12,8 (1i) In establishing the accountability system under sub. (1g), the department shall consult with all of the following:

AB558-ASA2,12,9 (a) The governor.

AB558-ASA2,12,11 (b) The chairpersons of the committees in the assembly and the senate whose subject matter is elementary and secondary education.

AB558-ASA2,12,12 (c) The ranking minority members of each of the committees under par. (b).

AB558-ASA2,12,14 (d) Members of education groups representing school boards, school administrators, and teachers.

AB558-ASA2,12,15 (e) Members of organizations representing pupils and parents.

AB558-ASA2,12,18 (1k) (a) The department shall annually report to the appropriate standing committees of the legislature under s. 13.172 (3) the performance category to which each school has been assigned.

AB558-ASA2,12,23 (b) Each school board, the governing body of each charter school under s. 118.40 (2r), and the governing body of each private school participating in a program under s. 118.60 or 119.23 shall annually report to the parent of each pupil enrolled in the school or school district the performance category to which the school has been assigned.

AB558-ASA2, s. 24 Section 24. 115.38 (1s) of the statutes is created to read:

AB558-ASA2,13,7 115.38 (1s) The governing body of a private school participating in a parental choice program under s. 118.60 or 119.23 shall provide the state superintendent with any information he or she requests for the purpose of preparing the school performance report under sub. (1m). The state superintendent shall prepare the report for each private school participating in a parental choice program under s. 118.60 or 119.23 using only information relating to the pupils who are attending the private school under s. 118.60 or 119.23.

AB558-ASA2, s. 25 Section 25. 115.38 (2) of the statutes is amended to read:

AB558-ASA2,13,21 115.38 (2) (a) Annually by January 1, each school board shall notify the parent or guardian of each pupil enrolled in the school district of the right to request a school and school district performance report under this subsection. Except as provided in par. (b), annually by May 1, each school board shall, upon request, distribute to the parent or guardian of each pupil enrolled in the school district, including pupils enrolled in charter schools located in the school district, or give to each pupil to bring home to his or her parent or guardian, a school and school district performance report that includes the information specified by the state superintendent under sub. (1) (1m). The report shall also include a comparison of the school district's performance under sub. (1) (1m) (a) and (b) with the performance of other school districts in the same athletic conference under sub. (1) (1m) (a) and (b). If the school district maintains an Internet site, the report shall be made available to the public at prominently displayed on that site.

AB558-ASA2,14,2 (b) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall, upon request, distribute to the parent or guardian of each pupil enrolled in the charter school a school and school district performance report that includes the information specified by the state superintendent under sub. (1) (1m), regardless of the location of the charter school.

AB558-ASA2, s. 26 Section 26. 115.415 of the statutes is created to read:

AB558-ASA2,14,11 115.415 Educator effectiveness. (1) The department shall develop an educator effectiveness evaluation system and an equivalency process aligned with the department's evaluation system for the evaluation of teachers and principals of public schools, including teachers and principals of a charter school established under s. 118.40 (2r), as provided in this section. Each school board and the governing body of each charter school established under s. 118.40 (2r) shall evaluate teachers and principals in the school district or charter school beginning in the 2014-15 school year.

AB558-ASA2,14,13 (2) The department shall develop an educator effectiveness evaluation system according to the following framework:

AB558-ASA2,14,18 (a) Fifty percent of the total evaluation score assigned to a teacher or principal shall be based upon measures of student performance, including performance on state assessments, district-wide assessments, student learning objectives, school-wide reading at the elementary and middle-school levels, and graduation rates at the high school level.

AB558-ASA2,14,20 (b) Fifty percent of the total evaluation score assigned to a teacher or principal shall be based upon one of the following:

AB558-ASA2,14,23 1. For a teacher, the extent to which the teacher's practice meets the core teaching standards adopted by the 2011 Interstate Teacher Assessment and Support Consortium.

AB558-ASA2,15,3 2. For a principal, the extent to which the principal's practice meets the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards.

AB558-ASA2,15,5 (c) A teacher or principal evaluated under this subsection shall be placed in one of multiple performance categories.

AB558-ASA2,15,14 (3) (a) The department shall promulgate by rule an equivalency process aligned with the evaluation system established under sub. (2) for a school district or a charter school established under s. 118.40 (2r) seeking to utilize an alternative process for the evaluation of teacher and principal practice. The process under this subsection shall be based on the criteria established in the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards, and a school district or charter school established under s. 118.40 (2r) that uses the process under this subsection shall evaluate the performance of teachers in the following domains:

AB558-ASA2,15,15 1. Planning and preparation.

AB558-ASA2,15,16 2. The classroom environment.

AB558-ASA2,15,17 3. Instruction.

AB558-ASA2,15,18 4. Professional responsibilities and development.

AB558-ASA2,15,20 (b) A teacher or principal evaluated under this subsection shall be placed in one of multiple performance categories.

AB558-ASA2, s. 27 Section 27. 118.016 of the statutes is created to read:

AB558-ASA2,16,3 118.016 Assessments of reading readiness. (1) Beginning in the 2012-13 school year, each school board and the governing body of each charter school established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in kindergarten in the school district or in the charter school for reading readiness. The department shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge.

AB558-ASA2,16,6 (1g) If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or operator of the charter school under s. 118.40 (2r) shall comply with s. 115.77 (1m) (bg).

AB558-ASA2,16,8 (1r) The school board or governing body of the charter school shall report the results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.

AB558-ASA2,16,12 (2) The school board of the school district or governing body of the charter school in which the pupil is enrolled shall provide a pupil whose assessment under sub. (1) indicates that he or she is at risk of reading difficulty with interventions or remedial reading services, as described under s. 121.02 (1) (c).

AB558-ASA2, s. 28 Section 28. 118.19 (14) of the statutes is created to read:

AB558-ASA2,16,21 118.19 (14) (a) The department may not issue an initial teaching license that authorizes the holder to teach in grades kindergarten to 5 or in special education, an initial license as a reading teacher, or an initial license as a reading specialist, unless the applicant has passed an examination identical to the Foundations of Reading test administered in 2012 as part of the Massachusetts Tests for Educator Licensure. The department shall set the passing cut score on the examination at a level no lower than the level recommended by the developer of the test, based on this state's standards.

AB558-ASA2,16,24 (c) Any teacher who passes the examination under par. (a) shall notify the department, which shall add a notation to the teacher's license indicating that he or she passed the examination.

AB558-ASA2, s. 29 Section 29. 118.40 (3) (f) of the statutes is created to read:

AB558-ASA2,17,2 118.40 (3) (f) No charter school may be established by contract unless the contract authorizes the department to revoke the contract under sub. (5) (b).

AB558-ASA2, s. 30 Section 30. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).

AB558-ASA2, s. 31 Section 31. 118.40 (5) (b) of the statutes is created to read:

AB558-ASA2,17,6 118.40 (5) (b) A charter may be revoked by the department under s. 115.38 (1g) (e).

AB558-ASA2, s. 32 Section 32. 118.42 (1) (intro.) of the statutes is amended to read:

AB558-ASA2,17,10 118.42 (1) (intro.) If the state superintendent determines that a school district has been in need of improvement for 4 3 consecutive school years, the school board shall do all of the following:

AB558-ASA2, s. 33 Section 33. 118.42 (2) (intro.) of the statutes is amended to read:

AB558-ASA2,17,18 118.42 (2) (intro.) If the state superintendent determines that a public school was in the lowest performing 5 percent of all public schools in the state in the previous school year prior to the 2012-13 school year, or was in the lowest performance category under s. 115.38 (1g) (b) in the 2012-13 school year or any school year thereafter, and is located in a school district that has been in need of improvement for 4 3 consecutive school years, the school board shall do all of the following in the school:

AB558-ASA2, s. 34 Section 34. 118.42 (3) (a) (intro.) of the statutes is amended to read:

AB558-ASA2,17,25 118.42 (3) (a) (intro.) If the state superintendent determines that a school district has been in need of improvement for 4 3 consecutive school years, the state superintendent may, after consulting with the school board, the school district superintendent, and representatives of each labor organization representing school district employees, direct the school board to do one or more of the following in the school district:

AB558-ASA2, s. 35 Section 35. 118.42 (3) (b) (intro.) of the statutes is amended to read:

AB558-ASA2,18,14 118.42 (3) (b) (intro.) If the state superintendent determines that a public school is located in a school district that has been in need of improvement for 4 consecutive school years, prior to the 2012-13 school year or in a school district that has been in need of improvement for 3 consecutive school years beginning in the 2012-13 school year; and that the school has been in need of improvement for 5 consecutive school years prior to the 2012-13 school year or was among the lowest performing 5 percent of all public schools in the state in the previous school year, prior to the 2012-13 school year, or was in the lowest performance category under s. 115.38 (1g) (b) in the 2012-13 school year or any school year thereafter; the state superintendent may, after consulting with the school board, the school district superintendent, and representatives of each labor organization representing school district employees, direct the school board to do one or more of the following in the school:

AB558-ASA2, s. 36 Section 36. 118.42 (3m) of the statutes is created to read:

AB558-ASA2,18,18 118.42 (3m) (a) The department shall report annually to the appropriate standing committees of the legislature under s. 13.172 (3) the improvement status of each school district under this section.

AB558-ASA2,18,20 (b) Each school board shall annually report to the parent of each pupil enrolled in the school district the improvement status of the school district under this section.

AB558-ASA2, s. 37 Section 37. 118.42 (4) of the statutes is amended to read:

AB558-ASA2,19,3 118.42 (4) The state superintendent shall promulgate rules establishing criteria and procedures for determining whether a school or school district is in need of improvement and whether a school is among the lowest performing 5 percent of all public schools in the state, prior to the 2012-13 school year for the purposes of this section. Beginning in the 2012-13 school year, the state superintendent shall promulgate rules establishing criteria and procedures for determining whether a school district is in need of improvement for purposes of this section.

AB558-ASA2, s. 38 Section 38. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Act 85, is amended to read:

AB558-ASA2,19,15 119.04 (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, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 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, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (2m), (4m), (5), and (15) to (27), 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.

AB558-ASA2, s. 39 Section 39. 120.12 (2m) of the statutes is created to read:

AB558-ASA2,19,20 120.12 (2m) Educator effectiveness. (a) Beginning in the 2014-15 school year, evaluate the effectiveness of each teacher and principal employed by the school district using either the system established under s. 115.415 (2) or the equivalency process established by rule under s. 115.415 (3).

AB558-ASA2,19,22 (b) Ensure that the results of evaluations conducted under this subsection are not subject to public inspection, copying, or disclosure under s. 19.35.

AB558-ASA2, s. 40 Section 40. 121.006 (2) (d) of the statutes is amended to read:

AB558-ASA2,19,25 121.006 (2) (d) Comply with a directive issued by the state superintendent under s. 115.38 (1g) (d) or 118.42 (3) (a) or (b).

AB558-ASA2, s. 41 Section 41. 121.02 (1) (c) (intro.) of the statutes is amended to read:

AB558-ASA2,20,3 121.02 (1) (c) (intro.) Provide interventions or remedial reading services for a pupil in grades kindergarten to 4 if any of the following occurs:

AB558-ASA2, s. 42 Section 42. 121.02 (1) (c) 3. of the statutes is created to read:

AB558-ASA2,20,9 121.02 (1) (c) 3. The pupil's reading assessment under s. 118.016 indicates that the pupil is at risk of reading difficulty. If this subdivision applies, the interventions or services provided the pupil shall be scientifically based and shall address all areas in which the pupil is deficient in a manner consistent with the state standards in reading and language arts.

AB558-ASA2, s. 43 Section 43. Nonstatutory provisions.

AB558-ASA2,20,16 (1) Educator effectiveness evaluation system. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2013-15 biennial budget bill, the department of public instruction shall submit information concerning the cost of developing and implementing the educator effectiveness evaluation system and equivalency process under section 115.415 of the statutes, as created by this act.