Amendment SSA1-SB95

LRBs0133/1

TKK&PG:all:md

2011 - 2012 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2011 SENATE BILL 95

June 3, 2011 - Offered by Senator Olsen.

SB95-SSA1,2,9 An Act to repeal 119.18 (6) (a); to renumber 120.13 (1) (f), 120.13 (1) (h) 1. a. and 121.58 (6); to consolidate, renumber and amend 119.18 (6) (intro.) and (b); to amend 43.70 (3), 115.88 (1), 115.88 (1m) (a), 118.125 (5) (b), 118.225 (intro.), 118.30 (2) (c), 118.33 (1) (a) (intro.), 118.43 (3) (intro.), 118.43 (6) (b) 10., 120.12 (3) (a), (b) and (c), 120.13 (1) (h) 4., 120.17 (8) (a) and 121.58 (6) (title); and to create 118.33 (1) (e), 118.40 (2r) (b) 2m., 118.43 (3r), 120.13 (1) (f) 2. and 3., 120.13 (1) (h) 1. ag., 120.13 (1) (h) 1. c., 120.13 (1) (h) 2m., 120.13 (1) (h) 3m., 120.13 (1) (h) 4m., 120.13 (1) (h) 5m., 120.13 (1) (h) 6m. and 121.58 (6) (b) of the statutes; relating to: high school credit for physical education; services provided by a special education program; transportation aid paid to school districts; the use of moneys received by a school district from the common school fund; using analyses of scores on standardized examinations to evaluate, discharge, suspend, or discipline a teacher or for the nonrenewal of a teacher's contract; the number of teaching days scheduled in the Milwaukee Public Schools; permitting a school district to limit the grades in which to reduce class size under the Student Achievement Guarantee in Education Program; permitting a school board to deny enrollment to a pupil who has been expelled from an out-of-state school or from an independent charter school in this state and permitting an independent charter school to expel a pupil; use of law enforcement records to take disciplinary action against a pupil under a school district's athletic code; and changing the date by which a school district must certify the amount of its property tax levy.

Analysis by the Legislative Reference Bureau

This substitute amendment makes a number of changes to the laws governing public education.

Pupil expulsion

Under current law, a school board may expel a pupil only if the pupil engaged in certain prohibited conduct while at school or while under the supervision of a school authority. Generally, the prohibited conduct is conduct that endangers the property, health, or safety of others or interferes with the ability of school authorities to maintain order or an educational atmosphere at school. Prior to expelling a pupil, the school board must follow certain procedures. These procedures include holding an expulsion hearing and providing the pupil and, if the pupil is a minor, his or her parent, with written and timely notice of the hearing.

Also under current law, a school board may refuse to enroll a pupil during the term of the pupil's expulsion from another school district. In an opinion issued on April 10, 2008, the Wisconsin attorney general determined that current law does not permit a school district to refuse to enroll a pupil who is currently expelled from a private school or an out-of-state school.

Current law permits the University of Wisconsin (UW)-Milwaukee, UW-Parkside, the Milwaukee Area Technical College, and the city of Milwaukee to operate charter schools (independent charter schools) directly or to contract for the operation of charter schools. Generally, charter schools operate with fewer constraints than traditional public schools. Current law does not explicitly authorize an independent charter school to expel a pupil.

This substitute amendment permits an independent charter school to include in its charter or contract grounds for expelling a pupil. If a charter or contract of an independent charter school includes grounds for expelling a pupil, the charter or contract must also include the procedures to be followed by the charter school prior to expelling a pupil.

This substitute amendment authorizes a school board to refuse to enroll a pupil during the term of the pupil's expulsion from a public school in another state if the grounds for the pupil's expulsion would have been grounds for expulsion in this state. This substitute amendment also permits a school board to refuse to enroll a pupil during the term of the pupil's expulsion from an independent charter school if the charter or contract of the independent charter school contains the grounds for expulsion and procedural requirements identified above.

Under current law, a school board may include early reinstatement conditions in an expulsion order issued for a pupil. Current law defines "early reinstatement condition" as a condition that a pupil must meet before he or she may be granted early reinstatement or a condition that a pupil must meet after his or her early reinstatement but before the expiration of the term of expulsion specified in the pupil's expulsion order. Early reinstatement conditions must relate to the reasons for the pupil's expulsion. If a school district administrator or designee determines that the pupil has satisfied the early reinstatement conditions, the pupil may be reinstated before the expiration of the term of the pupil's expulsion. If a pupil who received early reinstatement subsequently violates an early reinstatement condition before the expiration of the term of expulsion, the school board may revoke the pupil's early reinstatement.

This substitute amendment permits a school board other than the school board that expelled a pupil to establish enrollment conditions for the pupil. The substitute amendment defines "enrollment condition" as a condition that a pupil is required to meet before he or she may be granted conditional enrollment or a condition that a pupil is required to meet after his or her conditional enrollment but before the expiration of the term of expulsion specified in the pupil's expulsion order. The enrollment conditions must relate to the reasons for the pupil's expulsion from the expelling school district. The school district administrator or designee of the nonexpelling school district may permit the pupil to conditionally enroll in a school located in that school district if the pupil satisfies the enrollment conditions, and may revoke conditional enrollment if the pupil subsequently violates the enrollment conditions.

Teacher evaluations

Current law allows a school board to use the results of state-required standardized examinations and the standardized examinations required under the federal No Child Left Behind Act to evaluate teachers if certain conditions are met. The school board must develop a teacher evaluation plan that includes a description of the evaluation process, multiple criteria in addition to examination results, the rationale for using examination results for evaluating teachers, and an explanation of how the school board intends to use the evaluations to improve pupil academic achievement.

This substitute amendment allows a school board to use value-added analyses of scores on the standardized examinations to evaluate teachers under the conditions described above.

Under current law, the results of standardized examinations may not be used to discharge, suspend, or formally discipline a teacher or as the reason for the nonrenewal of a teacher's contract.

This substitute amendment provides that the results of standardized examinations may not be used as the sole reason to discharge, suspend, or formally discipline a teacher or as the sole reason for the nonrenewal of a teacher's contract.

SAGE contracts

Current law generally allows an eligible school board that enters into a five-year renewable student achievement guarantee (SAGE) contract with the Department of Public Instruction (DPI) to receive $2,250 for each low-income pupil enrolled in grades kindergarten to three in a school with specified low-income enrollment if the school board reduces the class size of the classes in which the low-income pupils are enrolled. Current law requires a school board to phase in the class size limitation over the five-year contract. In the first year of a SAGE contract, the school board must reduce class size in grades kindergarten and one. By the fourth year of the SAGE contract, the school board must have reduced the class size in all of the grades kindergarten to three.

In general, for SAGE contracts entered into prior to the 2010-11 school year, a participating school board could only satisfy the class size limitation requirement by reducing class size to 15 pupils. For SAGE contracts entered into in the 2010-11 school year, current law permits a school board to satisfy the class size limitation requirement by either reducing class size to 18 pupils or by combining two classes with two classroom teachers to achieve a total class size of 30 pupils. Current law permits a school board to renew and receive payments under a renewed SAGE contract if the school board either maintains the reduced class size achieved during the last school year of the original SAGE contract for the grades specified for the last school year of the contract, reduces class size to no more than 18 pupils, or combines two classes with two classroom teachers to achieve a total class size of 30 pupils.

This substitute amendment permits a school board that has entered into or renewed a SAGE contract to choose not to comply with the class size limitation requirements in grades two or three, or both, in one or more schools in the school district and in one or more years of the contract term. If a school board chooses not to comply with the class size limitation requirements under the contract, the school board may not receive the state aid for that class.

Special education services

Under current law, a school district receives state special education aid for the costs of contracting with a public or private agency for physical or occupational therapy services. This substitute amendment explicitly authorizes a school district to contract for a variety of services, including orientation and mobility training, educational interpreters, audiologists, speech and language therapists, pupil transition services for eligible pupils who are 18 to 21 years old, and any services approved by the state superintendent of public instruction; and makes the costs of such a contract eligible for special education aid.

Pupil transportation costs

Under current law, DPI must prorate state aid payments to school districts for transportation costs if the amount appropriated does not cover all eligible costs. Under this substitute amendment, if funds remain after DPI pays all approved claims, DPI must distribute the balance to school districts on a prorated basis.

School libraries

Current law allows a school district to use up to 25 percent of the moneys it receives from the common school fund in a fiscal year to purchase school library computers and related software. This substitute amendment eliminates the 25 percent limit.

MPS teaching days

Under current law, the board of Milwaukee Public Schools determines the school calendar and vacation periods for the regular day and summer schools each school year, but the board may not schedule more than 200 teaching days in the regular day school period in any school year. This substitute amendment eliminates the requirement that no more than 200 teaching days be scheduled in the regular day school period.

Law enforcement records

Under current law, law enforcement records obtained by and relating to the conduct of a pupil of a school district may not be used as the sole basis for expelling or suspending the pupil or as the sole basis for taking any other disciplinary action against the pupil, including action under the school district's athletic code. This substitute amendment permits a school district to use such law enforcement records as the sole basis for taking action against a pupil under the district's athletic code.

Physical education credits

Current law requires a high school pupil to earn 1.5 credits in physical education in order to be eligible for a high school diploma. This substitute amendment authorizes a school board to allow a pupil who participates in sports or in another organized physical activity to complete an additional 0.5 credit in English, social studies, mathematics, science, or health education in lieu of 0.5 credit in physical education.

Tax levy

Under current law, each school board must annually determine the amount necessary to be raised to operate and maintain the schools of the school district and must, on or before November 6, certify that amount to the municipal clerk to assess and enter onto the tax rolls. This substitute amendment provides that the school board must certify the amount to be assessed on or before November 10.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB95-SSA1, s. 1 Section 1. 43.70 (3) of the statutes is amended to read:

SB95-SSA1,6,18 43.70 (3) Immediately upon making such apportionment, the state superintendent shall certify to the department of administration the estimated amount that each school district is entitled to receive under this section and shall notify each school district administrator of the estimated amount so certified for his or her school district. The department of administration shall distribute each school district's aid entitlement in one payment on or before May 1. The amount paid to each school district shall be based upon the amount in the appropriation account under s. 20.255 (2) (s) on April 15. Moneys distributed under this section may be expended only for the purchase of instructional materials from the state historical society for use in teaching Wisconsin history and for the purchase of library books and other instructional materials for school libraries, but not for public library facilities operated by school districts under s. 43.52, in accordance with rules promulgated by the state superintendent. In addition, a school district may use up to 25 percent of the moneys received in a fiscal year under this section to purchase school library computers and related software if the school board consults with the person who supervises the school district's libraries and the computers and software are housed in the school library. Appropriate records of all purchases under this section shall be kept and necessary reports thereon shall be made to the state superintendent.

SB95-SSA1, s. 2 Section 2. 115.88 (1) of the statutes is amended to read:

SB95-SSA1,7,11 115.88 (1) Personnel. A school board, board of control of a cooperative educational service agency or, upon authorization of the county board, a county children with disabilities education board may employ, for a special education program, either full- full-time or part-time licensed teachers, licensed coordinators of special education, school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel approved by the department. The board may contract with private or public agencies for physical or occupational therapy services, orientation and mobility training services, educational interpreter services, educational audiology, speech and language therapy, pupil transition services for eligible pupils who are 18 to 21 years old, or any service approved by the state superintendent, on the basis of demonstrated need. A school board may contract with a charter school to provide special education services to pupils attending the charter school if the charter school is under contract with the school board under s. 118.40 (2m) and the charter school is not an instrumentality of the school district.

SB95-SSA1, s. 3 Section 3. 115.88 (1m) (a) of the statutes is amended to read:

SB95-SSA1,7,24 115.88 (1m) (a) Subject to par. (b), upon receipt of the plan under s. 115.77 (4), if the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, and school district maintaining such special education program a sum equal to the amount expended by the county, agency, and school district during the preceding year for salaries of personnel enumerated in sub. (1),; the salary portion of any authorized contract for physical or occupational therapy services under sub. (1); the salary portion of any contract to provide special education services to pupils attending a charter school, as authorized under sub. (1); and other expenses approved by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

SB95-SSA1, s. 4 Section 4. 118.125 (5) (b) of the statutes is amended to read:

SB95-SSA1,8,7 118.125 (5) (b) Law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or (c) 3. and records of the court assigned to exercise jurisdiction under chs. 48 and 938 or of a municipal court obtained under s. 938.396 (2g) (m) may not be used by a school district as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action, including against a pupil, but may be used as the sole basis for taking action against a pupil under the school district's athletic code, against a pupil.

SB95-SSA1, s. 5 Section 5. 118.225 (intro.) of the statutes is amended to read:

SB95-SSA1,8,12 118.225 Teacher evaluations. (intro.) A school board may use value-added analyses of scores on the results of examinations administered to pupils under s. 118.30 and 20 USC 6311 (b) (3) to evaluate teachers if the school board has developed a teacher evaluation plan that includes all of the following:

SB95-SSA1, s. 6 Section 6. 118.30 (2) (c) of the statutes is amended to read:

SB95-SSA1,8,17 118.30 (2) (c) The results of examinations administered under this section or under 20 USC 6311 (b) (3) to pupils enrolled in public schools, including charter schools, may not be used as the sole reason to discharge, suspend, or formally discipline a teacher or as the sole reason for the nonrenewal of a teacher's contract.

SB95-SSA1, s. 7 Section 7. 118.33 (1) (a) (intro.) of the statutes is amended to read:

SB95-SSA1,8,20 118.33 (1) (a) (intro.) Except as provided in par. pars. (d) and (e), a school board may not grant a high school diploma to any pupil unless the pupil has earned:

SB95-SSA1, s. 8 Section 8. 118.33 (1) (e) of the statutes is created to read:

SB95-SSA1,8,25 118.33 (1) (e) A school board may allow a pupil who participates in sports or in another organized physical activity, as determined by the school board, to complete an additional 0.5 credit in English, social studies, mathematics, science, or health education in lieu of 0.5 credit in physical education.

SB95-SSA1, s. 9 Section 9. 118.40 (2r) (b) 2m. of the statutes is created to read:

SB95-SSA1,9,3 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling a pupil from the charter school.

SB95-SSA1,9,6 b. If the charter or contract includes grounds for expelling a pupil from the charter school as permitted under subd. 2m. a., the charter or contract shall include the procedures to be followed by the charter school prior to expelling a pupil.

SB95-SSA1, s. 10 Section 10. 118.43 (3) (intro.) of the statutes is amended to read:

SB95-SSA1,9,10 118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am), (ar), and (at) and sub. (3r), an achievement guarantee contract shall require the school board to do all of the following in each participating school:

SB95-SSA1, s. 11 Section 11. 118.43 (3r) of the statutes is created to read:

SB95-SSA1,9,16 118.43 (3r) Adjustment to participating grades. A school district that has entered into or renewed an achievement guarantee contract under this section may, in one or more years covered by the contract, choose not to comply with the requirement to reduce class size in grades 2 or 3, or both, in one or more schools in the district.