SB286-ASA2,15,1914 (f) If a charter school is eligible for sanctions under par. (a) because it received
15a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and
16a grade no higher than "meets few expectations" in the other 2 school years, and is
17also eligible for a corrective action plan under par. (d), the charter school operator
18may agree to a corrective action plan under par. (d). If the operator does not agree
19to such a plan, par. (a) applies.
SB286-ASA2,26 20Section 26. 118.42 (title) of the statutes is amended to read:
SB286-ASA2,15,22 21118.42 (title) Low-performing school districts and schools; state
22superintendent interventions.
SB286-ASA2,27 23Section 27. 118.42 (2) of the statutes is repealed.
SB286-ASA2,28 24Section 28. 118.42 (3) (b) of the statutes is repealed.
SB286-ASA2,29 25Section 29. 118.42 (3) (c) 1. (intro.) of the statutes is amended to read:
SB286-ASA2,16,2
1118.42 (3) (c) 1. (intro.) If the state superintendent issues a directive under par.
2(a) or (b), he or she shall do all of the following:
SB286-ASA2,30 3Section 30. 118.42 (3) (c) 2. of the statutes is amended to read:
SB286-ASA2,16,64 118.42 (3) (c) 2. If a school board receives a directive from the state
5superintendent under par. (a) or (b), the school board shall seek input from school
6district staff, parents, and community leaders on implementing the directive.
SB286-ASA2,31 7Section 31. 118.42 (4) of the statutes is amended to read:
SB286-ASA2,16,118 118.42 (4) The state superintendent shall promulgate rules establishing
9criteria and procedures for determining whether a school or school district is in need
10of improvement and whether a school is among the lowest performing 5 percent of
11all public schools in the state,
for the purposes of this section.
SB286-ASA2,32 12Section 32. 118.425 of the statutes is created to read:
SB286-ASA2,16,14 13118.425 Low-performing public schools. (1) Applicability. This section
14applies beginning on July 1, 2020.
SB286-ASA2,16,23 15(4) Sanctions. (a) If the department determines under s. 115.39 (3) that a
16public school, other than a charter school, has received a grade of "fails to meet
17expectations" under s. 115.39 (2) (c) for 3 consecutive school years, or has received
18a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and
19a grade no higher than "meets few expectations" in the other 2 school years under
20s. 115.39 (2) (c), the school board shall complete a department-approved, on-site,
21diagnostic review of the school to determine the causes of the school's poor
22performance and relevant mitigating factors. Based on the results of the diagnostic
23review, the school board shall do one of the following:
SB286-ASA2,17,3
11. Implement department-approved improvement activities that are
2consistent with federal improvement requirements and that significantly transform
3the school.
SB286-ASA2,17,44 2. Convert the school to a charter school.
SB286-ASA2,17,55 3. Permanently close the school.
SB286-ASA2,17,96 (b) If a school board implements department-approved improvement activities
7under par. (a) 1., the state superintendent shall direct the school board to do one or
8more of the following after the state superintendent consults with the school board,
9the school district administrator and school district employees:
SB286-ASA2,17,1110 1. Modify one or more of the activities implemented by the school board under
11par. (a) 1.
SB286-ASA2,17,1312 2. Implement in the school a new or modified instructional design, which may
13include expanded school hours or additional pupil supports and services.
SB286-ASA2,17,1514 3. Implement professional development programs that focus on improving
15pupil academic achievement in the school.
SB286-ASA2,17,1716 4. Implement changes in administrative and personnel structures in the
17school.
SB286-ASA2,17,2018 5. Adopt accountability measures to monitor the school district's finances or to
19monitor other interventions directed by the state superintendent under subds. 1. to
204.
SB286-ASA2,17,2421 (c) If a school board implements department-approved improvement activities
22under par. (a) 1., but the state superintendent determines that the school has failed
23to improve sufficiently within 3 school years, the school board shall convert the school
24to a charter school or permanently close the school.
SB286-ASA2,18,5
1(d) If the school board converts the school to a charter school under par. (a) 2.
2or (c), the school board shall enter into the contract with the charter school operator
3by the February 1 following the department's determination under par. (a) 2. or (c).
4The contract shall provide for the attendance of pupils beginning in the following
5school year.
SB286-ASA2,18,96 (e) If the school board determines to permanently close the school under par.
7(a) 3. or (c), the school closing takes effect on the July 1 following the issuance of the
8school's accountability report under s. 115.39 (3) containing the department's
9determination under par. (a) or (c).
SB286-ASA2,18,1410 (f) 1. If the department determines under s. 115.39 (3) that a public school, other
11than a charter school, received a grade of "fails to meet expectations" under s. 115.39
12(2) (c) for 2 consecutive school years, the school board may agree to a corrective action
13plan for the school developed by the department or by an institution, as defined in
14s. 36.05 (9), within the University of Wisconsin System.
SB286-ASA2,18,2315 2. If the school board agrees to such a plan, the department shall pay to the
16school board, from the appropriation under s. 20.255 (2) (am), an amount equal to
17$250 multiplied by the school's enrollment in each school year in which the school's
18raw score under s. 115.39 (2) (c) and its raw score under s. 115.39 (2) (a) 2. improve.
19If the school's overall grade improves to "meets few expectations," the department
20shall cease making the payments and the 2 consecutive school years in which the
21school received a grade of "fails to meet expectations," and any subsequent year in
22which the school was operating under a corrective action plan under this subdivision,
23do not count toward the determination under par. (a).
SB286-ASA2,19,324 3. If in any school year the school's raw score under s. 115.39 (2) (c) and its raw
25score under s. 115.39 (2) (a) 2. do not improve, the department shall cease making

1the payments and the school board shall convert the school to a charter school as
2provided in par. (d) or permanently close the school as provided in par. (e). The school
3board is not required to repay any payments it received under subd. 2.
SB286-ASA2,19,94 (g) If a public school is eligible for sanctions under par. (a) because it received
5a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and
6a grade no higher than "meets few expectations" in the other 2 school years, and is
7also eligible for a corrective action plan under par. (f), the school board may agree to
8a corrective action plan under par. (f). If the school board does not agree to such a
9plan, par. (a) applies.
SB286-ASA2,33 10Section 33. 118.60 (1) (ag) (intro.) of the statutes is amended to read:
SB286-ASA2,19,1411 118.60 (1) (ag) (intro.) "Disqualified person" means a person who, when a
12private school was barred or terminated from participation in the program under
13this section by an order issued under sub. (9m) or (10), satisfied at least one of the
14following:
SB286-ASA2,34 15Section 34. 118.60 (9m) of the statutes is created to read:
SB286-ASA2,20,316 118.60 (9m) (a) 1. If the department determines under s. 115.39 (3) that a
17private school participating in the program under this section has received a grade
18of "fails to meet expectations" under s. 115.39 (2) (c) for 3 consecutive school years,
19or has received a grade of "fails to meet expectations" in at least 3 of 5 consecutive
20school years and a grade no higher than "meets few expectations" in the other 2
21school years under s. 115.39 (2) (c), the private school shall complete a
22department-approved, on-site, diagnostic review of the school to determine the
23causes of the school's poor performance and relevant mitigating factors. Based on
24the results of the diagnostic review, the private school shall implement
25department-approved improvement activities that are consistent with federal

1improvement requirements and that significantly transform the school, or the state
2superintendent shall issue an order barring the private school from participating in
3the program under this section.
SB286-ASA2,20,74 2. If a private school implements department-approved improvement
5activities under subd. 1., the state superintendent shall direct the private school to
6do one or more of the following after the state superintendent consults with the
7private school and its employees:
SB286-ASA2,20,98 a. Modify one or more of the activities implemented by the private school under
9subd. 1.
SB286-ASA2,20,1110 b. Implement in the school a new or modified instructional design, which may
11include expanded school hours or additional pupil supports and services.
SB286-ASA2,20,1312 c. Implement professional development programs that focus on improving
13pupil academic achievement in the school.
SB286-ASA2,20,1514 d. Implement changes in administrative and personnel structures in the
15school.
SB286-ASA2,20,1816 e. Adopt accountability measures to monitor the school district's finances or to
17monitor other interventions directed by the state superintendent under this subd.
182. a. to 2. d.
SB286-ASA2,20,2319 3. If a private school implements department-approved improvement
20activities under subd. 1., but the state superintendent determines that the school has
21failed to improve sufficiently within 3 school years, the state superintendent shall
22issue an order barring the private school from participating in the program under
23this section.
SB286-ASA2,21,324 (b) 1. If the department determines under s. 115.39 (3) that a private school
25participating in the program under this section received a grade of "fails to meet

1expectations" under s. 115.39 (2) (c) for 2 consecutive school years, the private school
2may agree to a corrective action plan developed by the department or by an
3institution, as defined in s. 36.05 (9), within the University of Wisconsin System.
SB286-ASA2,21,134 2. If the private school agrees to such a plan, the department shall pay to the
5private school, from the appropriation under s. 20.255 (2) (am), an amount equal to
6$250 multiplied by the number of pupils attending the private school under this
7section in each school year in which the school's raw score under s. 115.39 (2) (c) and
8its raw score under s. 115.39 (2) (a) 2. improve. If the private school's overall grade
9improves to "meets few expectations," the department shall cease making the
10payments and the 2 consecutive school years in which the school received a grade of
11"fails to meet expectations," and any subsequent year in which the school was
12operating under a corrective action plan under this subdivision, do not count toward
13the determination under par. (a).
SB286-ASA2,21,1814 3. If in any school year the private school's raw score under s. 115.39 (2) (c) and
15its raw score under s. 115.39 (2) (a) 2. do not improve, the state superintendent shall
16cease making the payments and shall issue an order barring the school from
17participating in the program under this section. The private school is not required
18to repay any payments received under subd. 2.
SB286-ASA2,21,2019 (c) A private school that has been barred from participation under par. (a) or
20(b) may not reopen as a charter school.
SB286-ASA2,22,221 (d) If a private school is eligible for sanctions under par. (a) because it received
22a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and
23a grade no higher than "meets few expectations" in the other 2 school years, and is
24also eligible for a corrective action plan under par. (b), the private school may agree

1to a corrective action plan under par. (b). If the private school does not agree to such
2a plan, par. (a) applies.
SB286-ASA2,35 3Section 35. 118.60 (10) (c) of the statutes, as affected by 2013 Wisconsin Act
420
, is amended to read:
SB286-ASA2,22,75 118.60 (10) (c) Whenever the state superintendent issues an order under par.
6(a), (am), (ar), or (b), or sub. (9m), he or she shall immediately notify the parent or
7guardian of each pupil attending the private school under this section.
SB286-ASA2,36 8Section 36. 118.60 (10) (d) of the statutes is amended to read:
SB286-ASA2,22,119 118.60 (10) (d) The state superintendent may withhold payment from a private
10school under subs. (4) and (4m) if the private school violates this section or fails to
11participate in the student information system as required under s. 115.383 (3)
.
SB286-ASA2,37 12Section 37. 119.04 (1) of the statutes, as affected by 2013 Wisconsin Act 20,
13is amended to read:
SB286-ASA2,22,2314 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1566.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
16115.345, 115.363, 115.365 (3), 115.38 (2), 115.383, 115.39, 115.415, 115.445, 118.001
17to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to
18118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
19118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245,
20118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52,
21118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2)
22(b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3),
23and 120.25 are applicable to a 1st class city school district and board.
SB286-ASA2,38 24Section 38. 119.23 (1) (ag) (intro.) of the statutes is amended to read:
SB286-ASA2,23,4
1119.23 (1) (ag) (intro.) "Disqualified person" means a person who, when a
2private school was barred or terminated from participation in the program under
3this section by an order issued under sub. (9m) or (10), satisfied at least one of the
4following:
SB286-ASA2,39 5Section 39. 119.23 (9m) of the statutes is created to read:
SB286-ASA2,23,186 119.23 (9m) (a) 1. If the department determines under s. 115.39 (3) that a
7private school participating in the program under this section has received a grade
8of "fails to meet expectations" under s. 115.39 (2) (c) for 3 consecutive school years,
9or has received a grade of "fails to meet expectations" in at least 3 of 5 consecutive
10school years and a grade no higher than "meets few expectations" in the other 2
11school years under s. 115.39 (2) (c), the private school shall complete a
12department-approved, on-site, diagnostic review of the school to determine the
13causes of the school's poor performance and relevant mitigating factors. Based on
14the results of the diagnostic review, the private school shall implement
15department-approved improvement activities that are consistent with federal
16improvement requirements and that significantly transform the school, or the state
17superintendent shall issue an order barring the private school from participating in
18the program under this section.
SB286-ASA2,23,2219 2. If a private school implements department-approved improvement
20activities under subd. 1., the state superintendent shall direct the private school to
21do one or more of the following after the state superintendent consults with the
22private school and its employees:
SB286-ASA2,23,2423 a. Modify one or more of the activities implemented by the private school under
24subd. 1.
SB286-ASA2,24,2
1b. Implement in the school a new or modified instructional design, which may
2include expanded school hours or additional pupil supports and services.
SB286-ASA2,24,43 c. Implement professional development programs that focus on improving
4pupil academic achievement in the school.
SB286-ASA2,24,65 d. Implement changes in administrative and personnel structures in the
6school.
SB286-ASA2,24,97 e. Adopt accountability measures to monitor the school district's finances or to
8monitor other interventions directed by the state superintendent under this subd.
92. a. to 2. d.
SB286-ASA2,24,1410 3. If a private school implements department-approved improvement
11activities under subd. 1., but the state superintendent determines that the school has
12failed to improve sufficiently within 3 school years, the state superintendent shall
13issue an order barring the private school from participating in the program under
14this section.
SB286-ASA2,24,1915 (b) 1. If the department determines under s. 115.39 (3) that a private school
16participating in the program under this section received a grade of "fails to meet
17expectations" under s. 115.39 (2) (c) for 2 consecutive school years, the private school
18may agree to a corrective action plan developed by the department or by an
19institution, as defined in s. 36.05 (9), within the University of Wisconsin System.
SB286-ASA2,25,420 2. If the private school agrees to such a plan, the department shall pay to the
21private school, from the appropriation under s. 20.255 (2) (am), an amount equal to
22$250 multiplied by the number of pupils attending the private school under this
23section in each school year in which the school's raw score under s. 115.39 (2) (c) and
24its raw score under s. 115.39 (2) (a) 2. improve. If the private school's overall grade
25improves to "meets few expectations," the department shall cease making the

1payments and the 2 consecutive school years in which the school received a grade of
2"fails to meet expectations," and any subsequent year in which the school was
3operating under a corrective action plan under this subdivision, do not count toward
4the determination under par. (a).
SB286-ASA2,25,95 3. If in any school year the private school's raw score under s. 115.39 (2) (c) and
6its raw score under s. 115.39 (2) (a) 2. do not improve, the state superintendent shall
7cease making the payments and shall issue an order barring the school from
8participating in the program under this section. The private school is not required
9to repay any payments received under subd. 2.
SB286-ASA2,25,1110 (c) A private school that has been barred from participation under par. (a) or
11(b) may not reopen as a charter school.
SB286-ASA2,25,1712 (d) If a private school is eligible for sanctions under par. (a) because it received
13a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and
14a grade no higher than "meets few expectations" in the other 2 school years, and is
15also eligible for a corrective action plan under par. (b), the private school may agree
16to a corrective action plan under par. (b). If the private school does not agree to such
17a plan, par. (a) applies.
SB286-ASA2,40 18Section 40. 119.23 (10) (c) of the statutes, as affected by 2013 Wisconsin Act
1920
, is amended to read:
SB286-ASA2,25,2220 119.23 (10) (c) Whenever the state superintendent issues an order under par.
21(a), (am), (ar), or (b), or sub. (9m), he or she shall immediately notify the parent or
22guardian of each pupil attending the private school under this section.
SB286-ASA2,41 23Section 41. 119.23 (10) (d) of the statutes is amended to read:
SB286-ASA2,26,3
1119.23 (10) (d) The state superintendent may withhold payment from a private
2school under subs. (4) and (4m) if the private school violates this section or fails to
3participate in the student information system as required under s. 115.383 (3)
.
SB286-ASA2,42 4Section 42. 120.12 (26) of the statutes is created to read:
SB286-ASA2,26,75 120.12 (26) Staffing and financial data. Upon request, provide to the
6department any staffing or financial data that the department needs to comply with
7state or federal reporting requirements.
SB286-ASA2,43 8Section 43. 121.006 (2) (d) of the statutes is amended to read:
SB286-ASA2,26,109 121.006 (2) (d) Comply with a directive issued by the state superintendent
10under s. 118.42 (3) (a) or (b).
SB286-ASA2,44 11Section 44. 121.02 (1) (o) of the statutes is amended to read:
SB286-ASA2,26,1412 121.02 (1) (o) Annually comply with the requirements of s. 115.38 (2). The
13school board may include additional information in the report under s. 115.38 (2)

14115.39 (5).
SB286-ASA2,45 15Section 45.0 Nonstatutory provisions.
SB286-ASA2,26,1916 (1) Prospective performance. No data derived from a school year prior to the
172017-18 school year may be used by the department of public instruction to
18determine a school's performance under section 115.39 of the statutes, as created by
19this act.
SB286-ASA2,26,2220 (2) Legislative audit bureau report. The legislative audit bureau shall submit
21its initial report under section 115.39 (7) of the statutes, as created by this act, in
22January 2019.
SB286-ASA2,46 23Section 46. Effective dates. This act takes effect on the day after publication,
24except as follows:
SB286-ASA2,27,3
1(1) Low-performing schools. The treatment of sections 118.42 (title), (2), (3)
2(b) and (c) 1. (intro.) and 2., and (4) and 121.006 (2) (d) of the statutes takes effect on
3July 1, 2020.
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