Amendment ASA1-AB379

AB379-ASA1,24,25 (7) Disclosure of law enforcement unit records. A school board governing body shall treat law enforcement unit records of juveniles in the same manner as a law enforcement agency is required to treat law enforcement officers' records of juveniles under s. 938.396 (1) (a).

AB379-ASA1,23 Section 23. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

AB379-ASA1,25,5 118.40 (2r) (b) 1. (intro.) All Any of the following entities may establish by charter and operate a charter school or, on behalf of their respective entities, may initiate a contract with an individual or group a person to operate a school as a charter school:

AB379-ASA1,24 Section 24. 118.40 (2r) (b) 2. of the statutes is amended to read:

AB379-ASA1,25,15 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under sub. (1m) (b) 3. to 14. A contract shall include all of the provisions specified under sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter school on the liability of the contracting entity under this paragraph. The contract may include other provisions agreed to by the parties. The chancellor of the University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may not establish or enter into a contract for the establishment of a charter school under this paragraph without the approval of the board of regents of the University of Wisconsin System.

AB379-ASA1,25 Section 25. 118.40 (2r) (b) 2m. of the statutes is amended to read:

AB379-ASA1,25,18 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling a pupil from the charter school.

AB379-ASA1,25,21 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.

AB379-ASA1,26 Section 26. 118.40 (2r) (b) 4. of the statutes is amended to read:

AB379-ASA1,25,24 118.40 (2r) (b) 4. No chartering or contracting entity under subd. 1. may establish or enter into a contract for the establishment of a virtual charter school.

AB379-ASA1,27 Section 27. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA1,26,12 118.40 (2r) (bm) The common council of the city of Milwaukee and the Milwaukee area technical college district board may establish or enter into a contract for the establishment of a charter school located only in the school district operating under ch. 119. The chancellor of the University of Wisconsin-Milwaukee may establish or enter into a contract for the establishment of a charter school located only in Milwaukee County or in an adjacent county. The chancellor of the University of Wisconsin-Parkside may only establish or enter into a contract for the establishment of a charter school located in a unified school district that is located in the county in which the University of Wisconsin-Parkside is situated or in an adjacent county.

AB379-ASA1,28 Section 28. 118.40 (2r) (cm) of the statutes is amended to read:

AB379-ASA1,26,17 118.40 (2r) (cm) The chancellor of the University of Wisconsin-Parkside may establish or enter into a contract for the establishment of only one charter school under this subsection, which may not operate high school grades and which may not accommodate more than 480 pupils.

AB379-ASA1,29 Section 29. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

AB379-ASA1,26,20 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

AB379-ASA1,30 Section 30. 118.40 (3) (b) of the statutes is amended to read:

AB379-ASA1,27,2 118.40 (3) (b) A contract under par. (a) or under subs. sub. (2m) or (2r) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years, except that upon request of the charter school operator, the initial contract shall be for a term of 5 years. The contract shall specify the amount to be paid to the charter school during each school year of the contract.

AB379-ASA1,31 Section 31. 118.40 (3) (e) of the statutes is amended to read:

AB379-ASA1,27,7 118.40 (3) (e) When establishing or contracting for the establishment of a charter school under this section, a school board or entity specified under sub. (2r) (b) shall consider the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

AB379-ASA1,32 Section 32. 118.40 (4) (c) of the statutes is amended to read:

AB379-ASA1,27,14 118.40 (4) (c) Single-sex schools and courses. A school board may enter into a contract for, and an or entity under sub. (2r) (b) 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) (b) 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.

AB379-ASA1,33 Section 33. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).

AB379-ASA1,34 Section 34. 118.40 (5) (b) of the statutes is created to read:

AB379-ASA1,27,20 118.40 (5) (b) 1. Except as provided in subds. 3. and 4., a school board or entity under sub. (2r) that has contracted for the establishment of a charter school shall revoke the contract if the department determines under s. 115.39 (3) that the charter school has received a grade of F under s. 115.39 (2) (c) for 3 consecutive school years.

AB379-ASA1,27,25 2. Except as provided in subds. 3. and 4., a school board or entity under sub. (2r) that has contracted for the establishment of a charter school shall revoke the contract if the department determines under s. 115.39 (3) that the charter school has received a grade of F in at least 3 of 5 consecutive school years and a grade no higher than D in the other 2 school years under s. 115.39 (2) (c).

AB379-ASA1,28,3 3. A school board or entity under sub. (2r) may not revoke a contract under subd. 1. or 2. based on the grades received by the charter school during the school's first 5 years.

AB379-ASA1,28,8 4. A school board or entity under sub. (2r) may not revoke a contract under subd. 1. or 2. if the department determines, based on the recommendations of the academic accountability council under s. 115.39 (8) (b) and on information provided by the University of Wisconsin-Madison Value-Added Research Center, that the school demonstrates high-value added growth.

AB379-ASA1,28,11 5. The revocation of a contract under subd. 1. or 2. is initially effective on the July 1 following the issuance of the school's accountability report under s. 115.39 (3) containing the department's determination under subd. 1. or 2.

AB379-ASA1,28,14 6. If a charter school that has had its contract revoked under subd. 1. or 2. reopens as a private school, it may not participate in a parental choice program under s. 118.60 or 119.23.

AB379-ASA1,35 Section 35. 118.42 (title) of the statutes is amended to read:

AB379-ASA1,28,17 118.42 (title) Low-performing school districts and schools; state superintendent interventions.

AB379-ASA1,36 Section 36. 118.42 (2) of the statutes is repealed.

AB379-ASA1,37 Section 37. 118.42 (3) (b) of the statutes is repealed.

AB379-ASA1,38 Section 38. 118.42 (3) (c) 1. (intro.) of the statutes is amended to read:

AB379-ASA1,28,22 118.42 (3) (c) 1. (intro.) If the state superintendent issues a directive under par. (a) or (b), he or she shall do all of the following:

AB379-ASA1,39 Section 39. 118.42 (3) (c) 2. of the statutes is amended to read:

AB379-ASA1,29,3 118.42 (3) (c) 2. If a school board receives a directive from the state superintendent under par. (a) or (b), the school board shall seek input from school district staff, parents, and community leaders on implementing the directive.

AB379-ASA1,40 Section 40. 118.42 (4) of the statutes is amended to read:

AB379-ASA1,29,8 118.42 (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, for the purposes of this section.

AB379-ASA1,41 Section 41. 118.425 of the statutes is created to read:

AB379-ASA1,29,12 118.425 Low-performing public schools. (1) Definition. In this section, "charter management organization" means a person that operates multiple charter schools.

AB379-ASA1,29,13 (2) Applicability. This section applies beginning on July 1, 2020.

AB379-ASA1,29,21 (3) Charter management organizations. The department shall establish and maintain a list of high-quality charter management organizations. A charter management organization is a high-quality charter management organization if, in each of the 2 immediately preceding school years, the average growth rate in reading and mathematics of pupils attending each charter school operated by the organization, wherever located, was greater than the average growth rate in reading and mathematics of pupils attending public schools in the school district in which the charter school established under sub. (4) will be located.

AB379-ASA1,30,4 (4) Sanctions. (a) Except as provided in par. (d), if the department determines under s. 115.39 (3) that a public school, other than a charter school, has received a grade of F under s. 115.39 (2) (c) for 3 consecutive school years, or has received a grade of F in at least 3 of 5 consecutive school years and a grade no higher than D in the other 2 school years under s. 115.39 (2) (c), the school board shall determine whether to permanently close the school or contract under s. 118.40 with a charter management organization that is included in the list under sub. (3) to operate the school as a charter school.

AB379-ASA1,30,12 (b) 1. If the school board determines to contract with a charter management organization under par. (a), it shall issue a request for proposals and publish a class 1 notice under ch. 985 of the statutes within 30 days of the department's determination under par. (a). The school board shall enter into the contract with the charter management organization by the February 1 following the department's determination under par. (a). The contract shall provide for the attendance of pupils beginning in the following school year. The contract may not require the charter management organization to purchase or lease the school.

AB379-ASA1,30,20 2. If the school board determines to contract with a charter management organization under par. (a) but is unable to reach an agreement with any charter management organization, the school board may request the state superintendent to waive the requirement under par. (a). The state superintendent shall refer the request to the academic accountability council for its recommendation. The state superintendent may waive the requirement under par. (a) if the school board demonstrates that it engaged in a good-faith effort to reach an agreement with a charter management organization.

AB379-ASA1,30,23 3. If the state superintendent grants the waiver, effective in the school year following the date of the department's determination under par. (a), the school board shall convert the school to a charter school and do all of the following in the school:

AB379-ASA1,30,24 a. Replace the school's principal.

AB379-ASA1,30,25 b. Implement a rigorous staff evaluation and development system.

AB379-ASA1,31,3 c. Reward staff who increase pupil academic achievement or high school graduation rates and remove staff who have not improved in these areas after being given an ample opportunity to do so.

AB379-ASA1,31,4 d. Institute comprehensive instructional reform.

AB379-ASA1,31,5 e. Increase the time provided for pupil instruction.

AB379-ASA1,31,6 f. Apply community-oriented school strategies.

AB379-ASA1,31,7 g. Provide greater operational flexibility and support for the school.

AB379-ASA1,31,11 (c) If the school board determines to permanently close the school under par. (a), the school closing takes effect on the July 1 following the issuance of the school's accountability report under s. 115.39 (3) containing the department's determination under par. (a).

AB379-ASA1,31,15 (d) Paragraph (a) does not apply if the department determines, based on the recommendations of the academic accountability council under s. 115.39 (8) (b) and on information provided by the University of Wisconsin-Madison Value-Added Research Center, that the school demonstrates high-value added growth.

AB379-ASA1,31,19 (5) Charter school legal status; payment. (a) 1. Notwithstanding s. 118.40 (7) (a) and (am), a charter school established under sub. (4) (b) 1. may not be an instrumentality of the school district and the school board may not employ any personnel for the charter school.

AB379-ASA1,31,22 2. Notwithstanding s. 118.40 (7) (a) and (am), a charter school established under sub. (4) (b) 3. is an instrumentality of the school district and the school board shall employ all personnel for the charter school.

AB379-ASA1,32,2 (b) Notwithstanding s. 118.40 (3) (b), the school board shall pay the operator of a charter school established under sub. (4) (b) 1., for each full-time equivalent pupil attending the charter school, an amount equal to at least 90 percent of the average per pupil cost for the school district.

AB379-ASA1,42 Section 42. 118.60 (9m) of the statutes is created to read:

AB379-ASA1,32,9 118.60 (9m) (a) 1. Except as provided in subd. 3., if the department determines under s. 115.39 (3) that a private school participating in the program under this section has received a grade of F under s. 115.39 (2) (c) for 3 consecutive school years, the state superintendent shall issue an order permanently barring the private school from accepting any pupils under this section who were not attending the private school under this section in the school year in which the order was issued.

AB379-ASA1,32,16 2. Except as provided in subd. 3., if the department determines under s. 115.39 (3) that a private school participating in the program under this section has received a grade of F in at least 3 of 5 consecutive school years and a grade no higher than D in the other 2 school years under s. 115.39 (2) (c), the state superintendent shall issue an order permanently barring the private school from accepting any pupils under this section who were not attending the private school under this section in the school year in which the order was issued.

AB379-ASA1,32,21 3. If the department determines, based on the recommendations of the academic accountability council under s. 115.39 (8) (b) and on information provided by the University of Wisconsin-Madison Value-Added Research Center, that the school demonstrates high-value added growth, the state superintendent may determine not to issue an order under subd. 1. or 2.

AB379-ASA1,32,23 (b) A private school that has been barred from accepting new pupils under par. (a) may not reopen as a charter school.

AB379-ASA1,43 Section 43. 118.60 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA1,33,3 118.60 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), or sub. (9m), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB379-ASA1,44 Section 44. 118.60 (10) (d) of the statutes is amended to read:

AB379-ASA1,33,7 118.60 (10) (d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section or fails to participate in the student information system as required under s. 115.383 (3).

AB379-ASA1,45 Section 45. 119.04 (1) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA1,33,19 119.04 (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, 115.363, 115.365 (3), 115.38 (2), 115.383, 115.39, 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, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.53, 118.55, 118.56, 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.

AB379-ASA1,46 Section 46. 119.23 (9m) of the statutes is created to read:

AB379-ASA1,34,2 119.23 (9m) (a) 1. Except as provided in subd. 3., if the department determines under s. 115.39 (3) that a private school participating in the program under this section has received a grade of F under s. 115.39 (2) (c) for 3 consecutive school years, the state superintendent shall issue an order permanently barring the private school from accepting any pupils under this section who were not attending the private school under this section in the school year in which the order was issued.

AB379-ASA1,34,9 2. Except as provided in subd. 3., if the department determines under s. 115.39 (3) that a private school participating in the program under this section has received a grade of F in at least 3 of 5 consecutive school years and a grade no higher than D in the other 2 school years under s. 115.39 (2) (c), the state superintendent shall issue an order permanently barring the private school from accepting any pupils under this section who were not attending the private school under this section in the school year in which the order was issued.

AB379-ASA1,34,14 3. If the department determines, based on the recommendations of the academic accountability council under s. 115.39 (8) (b) and on information provided by the University of Wisconsin-Madison Value-Added Research Center, that the school demonstrates high-value added growth, the state superintendent may determine not to issue an order under subd. 1. or 2.

AB379-ASA1,34,16 (b) A private school that has been barred from accepting new pupils under par. (a) may not reopen as a charter school.

AB379-ASA1,47 Section 47. 119.23 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB379-ASA1,34,21 119.23 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), or sub. (9m), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB379-ASA1,48 Section 48. 119.23 (10) (d) of the statutes is amended to read:

AB379-ASA1,34,25 119.23 (10) (d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section or fails to participate in the student information system as required under s. 115.383 (3).

AB379-ASA1,49 Section 49. 120.12 (26) of the statutes is created to read:

AB379-ASA1,35,4 120.12 (26) Staffing and financial data. Upon request, provide to the department any staffing or financial data that the department needs to comply with state or federal reporting requirements.

AB379-ASA1,50 Section 50. 121.006 (2) (d) of the statutes is amended to read:

AB379-ASA1,35,7 121.006 (2) (d) Comply with a directive issued by the state superintendent under s. 118.42 (3) (a) or (b).

AB379-ASA1,51 Section 51. 121.02 (1) (o) of the statutes is amended to read:

AB379-ASA1,35,11 121.02 (1) (o) Annually comply with the requirements of s. 115.38 (2). The school board may include additional information in the report under s. 115.38 (2) 115.39 (5).

AB379-ASA1,52 Section 52.0 Nonstatutory provisions.

AB379-ASA1,35,16 (1) Prospective performance. No data derived from a school year prior to the 2017-18 school year may be used by the department of public instruction to determine a school's performance under section 115.39 of the statutes, as created by this act.

AB379-ASA1,35,19 (2) Legislative audit bureau report. The legislative audit bureau shall submit its initial report under section 115.39 (7) of the statutes, as created by this act, in January 2019.