Amendment ASA2-AB126

AB126-ASA2,50 Section 50. 118.40 (4) (title) of the statutes is amended to read:

AB126-ASA2,16,21 118.40 (4) (title) Charter school governing board; duties, powers, and restrictions.

AB126-ASA2,51 Section 51. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and 118.40 (4) (ar) (intro.), as renumbered, is amended to read:

AB126-ASA2,16,25 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of the following:

AB126-ASA2,52 Section 52. 118.40 (4) (ag) of the statutes is created to read:

AB126-ASA2,17,3 118.40 (4) (ag) Governing board. Each charter school shall be governed by a governing board that is a party to the contract with the authorizing entity.

AB126-ASA2,53 Section 53. 118.40 (4) (b) (intro.) of the statutes is amended to read:

AB126-ASA2,17,6 118.40 (4) (b) Restrictions. (intro.) A charter school governing board may not do any of the following:

AB126-ASA2,54 Section 54. 118.40 (4) (c) of the statutes is amended to read:

AB126-ASA2,17,13 118.40 (4) (c) Single-sex schools and courses. A school board may enter into a contract for, and an entity under sub. (2r) may establish or enter into a contract for, the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board or entity under sub. (2r) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.

AB126-ASA2,55 Section 55. 118.40 (4) (d) of the statutes is created to read:

AB126-ASA2,17,17 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school governing board has all the powers necessary to carry out the terms of its contract, including the following:

AB126-ASA2,17,18 1. To receive and disburse funds for school purposes.

AB126-ASA2,17,19 2. To incur debt.

AB126-ASA2,17,20 3. To enter into contracts and leases.

AB126-ASA2,17,22 4. To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

AB126-ASA2,17,23 5. To acquire real property for its use.

AB126-ASA2,17,24 6. To sue and be sued in its own name.

AB126-ASA2,56 Section 56. 118.40 (6) of the statutes is amended to read:

AB126-ASA2,18,3 118.40 (6) Program voluntary. No pupil may be required to attend a charter school or a magnet school without his or her approval, if the pupil is an adult, or the approval of his or her parents or legal guardian, if the pupil is a minor.

AB126-ASA2,57 Section 57. 118.40 (7) (a) of the statutes is amended to read:

AB126-ASA2,18,12 118.40 (7) (a) Except as provided in par. (am), the school board of the school district in which a charter school is located shall determine whether or not the A charter school established under sub. (2) or (2m) is not an instrumentality of the school district. If the school board determines that the charter school is an instrumentality of the school district, the school board shall employ all personnel for the charter school. If the school board determines that the charter school is not an instrumentality of the school district, and the school board may not employ any personnel for the charter school.

AB126-ASA2,58 Section 58. 118.40 (7) (am) 1., 3. and 4. of the statutes are repealed.

AB126-ASA2,59 Section 59. 118.40 (7) (am) 2. of the statutes is renumbered 118.40 (7) (am) and amended to read:

AB126-ASA2,19,3 118.40 (7) (am) A charter school established under sub. (2r) or a private school located in the school district operating under ch. 119 that is converted to a charter school is not an instrumentality of any school district and no school board may employ any personnel for the charter school. If the chancellor of the an institution or the dean of a college campus within the University of Wisconsin-Parkside Wisconsin System contracts for the establishment of a charter school under sub. (2r), the board of regents of the University of Wisconsin System may employ instructional staff for the charter school. If a technical college district board contracts for the establishment of a charter school under sub. (2r), the technical college district board may employ instructional staff for the charter school. If the board of control of a cooperative educational service agency contracts for the establishment of a charter school under sub. (2r), the board of control may employ instructional staff for the charter school.

AB126-ASA2,60 Section 60. 118.40 (7) (ar) of the statutes, as affected by 2013 Wisconsin Act 20, is repealed.

AB126-ASA2,61 Section 61. 118.40 (7) (c) of the statutes is created to read:

AB126-ASA2,19,8 118.40 (7) (c) Chapters 115 to 121, other than this section, do not apply to magnet schools unless one of the following applies:

AB126-ASA2,19,9 1. The provision explicitly applies to magnet schools.

AB126-ASA2,19,11 2. The provision explicitly applies to charter schools unless the provision applies only to a charter school under sub. (2r).

AB126-ASA2,62 Section 62. 118.40 (8) (a) (intro.) of the statutes is repealed.

AB126-ASA2,63 Section 63. 118.40 (8) (a) 1. and 2. of the statutes are renumbered 118.51 (18) (a) and (b).

AB126-ASA2,64 Section 64. 118.51 (18) of the statutes is renumbered 118.51 (18) (intro.) and amended to read:

AB126-ASA2,19,19 118.51 (18) Location of virtual charter schools. (intro.) For purposes of this section, a virtual charter school is located in the following school district specified in s. 118.40 (8) (a).:

AB126-ASA2,65 Section 65. 119.60 (5) of the statutes is amended to read:

AB126-ASA2,20,3 119.60 (5) For any lease of city-owned property used for school purposes in effect on January 1, 2011, between the board and a charter school that is not an instrumentality of the school district under s. 118.40 (7), the common council shall be made party to the lease and may negotiate with the charter school to modify the terms of the lease when the lease is modified, extended, or renewed if the common council adopts a resolution to do so. If a lease is modified, extended, or renewed as provided in this subsection, the net proceeds of that lease shall be deposited in the school operations fund under s. 119.46.

AB126-ASA2,66 Section 66. 121.02 (1) (a) 2. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB126-ASA2,20,12 121.02 (1) (a) 2. Subject to s. 118.40 (8) (b) 2. and 3., 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) 118.51 (18) and a charter school established under s. 118.40 (3) (c) 1. c. is located in the school district specified in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining "instructional staff" for purposes of this subdivision.

AB126-ASA2,67 Section 67. 230.08 (2) (dm) of the statutes is amended to read:

AB126-ASA2,20,16 230.08 (2) (dm) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.

AB126-ASA2,68 Section 68. 230.35 (1s) of the statutes is amended to read:

AB126-ASA2,20,23 230.35 (1s) Annual leave of absence with pay for instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., as approved by the chancellor of the University of Wisconsin-Parkside.

AB126-ASA2,69 Section 69. 895.523 (1) (a) of the statutes is amended to read:

AB126-ASA2,21,3 895.523 (1) (a) "Governing body of a charter school" means the person that operates a charter school established under s. 118.40 (1p), (2), or (2m), or the entity that operates a charter school established under s. 118.40 (2r).

AB126-ASA2,70 Section 70. 895.525 (5) of the statutes is amended to read:

AB126-ASA2,21,8 895.525 (5) Effect on related provisions. Nothing in this section affects the limitation of property owners' liability under s. 895.52 or the limitation of school districts' liability, of school boards' liability, and of liability of governing bodies of charter schools or magnet schools under s. 895.523.

AB126-ASA2,71 Section 71. Initial applicability.

AB126-ASA2,21,14 (1) Charter school contracts. The treatment of sections 40.02 (55) (intro.) and (a), 115.001 (1), 118.40 (2m) (a), (3) (f), (4) (ag) and (d), and (7) (a), (am) 1., 2., 3., and 4., and (ar) of the statutes first applies to a contract for the establishment of a charter school that is entered into, modified, or renewed on the effective date of this subsection.

AB126-ASA2,72 Section 72. Effective dates. This act takes effect on the day after publication, except as follows:

AB126-ASA2,21,18 (1) The repeal and recreation of sections 20.923 (6) (m) and 111.815 (1) of the statutes takes effect on July 1, 2015.

AB126-ASA2,21,19 (End)