Amendment ASA2-SB286

SB286-ASA2,15,19 (f) If a charter school is eligible for sanctions under par. (a) because it received a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and a grade no higher than "meets few expectations" in the other 2 school years, and is also eligible for a corrective action plan under par. (d), the charter school operator may agree to a corrective action plan under par. (d). If the operator does not agree to such a plan, par. (a) applies.

SB286-ASA2,26 Section 26. 118.42 (title) of the statutes is amended to read:

SB286-ASA2,15,22 118.42 (title) Low-performing school districts and schools; state superintendent interventions.

SB286-ASA2,27 Section 27. 118.42 (2) of the statutes is repealed.

SB286-ASA2,28 Section 28. 118.42 (3) (b) of the statutes is repealed.

SB286-ASA2,29 Section 29. 118.42 (3) (c) 1. (intro.) of the statutes is amended to read:

SB286-ASA2,16,2 118.42 (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:

SB286-ASA2,30 Section 30. 118.42 (3) (c) 2. of the statutes is amended to read:

SB286-ASA2,16,6 118.42 (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.

SB286-ASA2,31 Section 31. 118.42 (4) of the statutes is amended to read:

SB286-ASA2,16,11 118.42 (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.

SB286-ASA2,32 Section 32. 118.425 of the statutes is created to read:

SB286-ASA2,16,14 118.425 Low-performing public schools. (1) Applicability. This section applies beginning on July 1, 2020.

SB286-ASA2,16,23 (4) Sanctions. (a) If the department determines under s. 115.39 (3) that a public school, other than a charter school, has received a grade of "fails to meet expectations" under s. 115.39 (2) (c) for 3 consecutive school years, or has received a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and a grade no higher than "meets few expectations" in the other 2 school years under s. 115.39 (2) (c), the school board shall complete a department-approved, on-site, diagnostic review of the school to determine the causes of the school's poor performance and relevant mitigating factors. Based on the results of the diagnostic review, the school board shall do one of the following:

SB286-ASA2,17,3 1. Implement department-approved improvement activities that are consistent with federal improvement requirements and that significantly transform the school.

SB286-ASA2,17,4 2. Convert the school to a charter school.

SB286-ASA2,17,5 3. Permanently close the school.

SB286-ASA2,17,9 (b) If a school board implements department-approved improvement activities under par. (a) 1., the state superintendent shall direct the school board to do one or more of the following after the state superintendent consults with the school board, the school district administrator and school district employees:

SB286-ASA2,17,11 1. Modify one or more of the activities implemented by the school board under par. (a) 1.

SB286-ASA2,17,13 2. Implement in the school a new or modified instructional design, which may include expanded school hours or additional pupil supports and services.

SB286-ASA2,17,15 3. Implement professional development programs that focus on improving pupil academic achievement in the school.

SB286-ASA2,17,17 4. Implement changes in administrative and personnel structures in the school.

SB286-ASA2,17,20 5. Adopt accountability measures to monitor the school district's finances or to monitor other interventions directed by the state superintendent under subds. 1. to 4.

SB286-ASA2,17,24 (c) If a school board implements department-approved improvement activities under par. (a) 1., but the state superintendent determines that the school has failed to improve sufficiently within 3 school years, the school board shall convert the school to a charter school or permanently close the school.

SB286-ASA2,18,5 (d) If the school board converts the school to a charter school under par. (a) 2. or (c), the school board shall enter into the contract with the charter school operator by the February 1 following the department's determination under par. (a) 2. or (c). The contract shall provide for the attendance of pupils beginning in the following school year.

SB286-ASA2,18,9 (e) If the school board determines to permanently close the school under par. (a) 3. or (c), 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) or (c).

SB286-ASA2,18,14 (f) 1. If the department determines under s. 115.39 (3) that a public school, other than a charter school, received a grade of "fails to meet expectations" under s. 115.39 (2) (c) for 2 consecutive school years, the school board may agree to a corrective action plan for the school developed by the department or by an institution, as defined in s. 36.05 (9), within the University of Wisconsin System.

SB286-ASA2,18,23 2. If the school board agrees to such a plan, the department shall pay to the school board, from the appropriation under s. 20.255 (2) (am), an amount equal to $250 multiplied by the school's enrollment in each school year in which the school's raw score under s. 115.39 (2) (c) and its raw score under s. 115.39 (2) (a) 2. improve. If the school's overall grade improves to "meets few expectations," the department shall cease making the payments and the 2 consecutive school years in which the school received a grade of "fails to meet expectations," and any subsequent year in which the school was operating under a corrective action plan under this subdivision, do not count toward the determination under par. (a).

SB286-ASA2,19,3 3. If in any school year the school's raw score under s. 115.39 (2) (c) and its raw score under s. 115.39 (2) (a) 2. do not improve, the department shall cease making the payments and the school board shall convert the school to a charter school as provided in par. (d) or permanently close the school as provided in par. (e). The school board is not required to repay any payments it received under subd. 2.

SB286-ASA2,19,9 (g) If a public school is eligible for sanctions under par. (a) because it received a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and a grade no higher than "meets few expectations" in the other 2 school years, and is also eligible for a corrective action plan under par. (f), the school board may agree to a corrective action plan under par. (f). If the school board does not agree to such a plan, par. (a) applies.

SB286-ASA2,33 Section 33. 118.60 (1) (ag) (intro.) of the statutes is amended to read:

SB286-ASA2,19,14 118.60 (1) (ag) (intro.) "Disqualified person" means a person who, when a private school was barred or terminated from participation in the program under this section by an order issued under sub. (9m) or (10), satisfied at least one of the following:

SB286-ASA2,34 Section 34. 118.60 (9m) of the statutes is created to read:

SB286-ASA2,20,3 118.60 (9m) (a) 1. 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 "fails to meet expectations" under s. 115.39 (2) (c) for 3 consecutive school years, or has received a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and a grade no higher than "meets few expectations" in the other 2 school years under s. 115.39 (2) (c), the private school shall complete a department-approved, on-site, diagnostic review of the school to determine the causes of the school's poor performance and relevant mitigating factors. Based on the results of the diagnostic review, the private school shall implement department-approved improvement activities that are consistent with federal improvement requirements and that significantly transform the school, or the state superintendent shall issue an order barring the private school from participating in the program under this section.

SB286-ASA2,20,7 2. If a private school implements department-approved improvement activities under subd. 1., the state superintendent shall direct the private school to do one or more of the following after the state superintendent consults with the private school and its employees:

SB286-ASA2,20,9 a. Modify one or more of the activities implemented by the private school under subd. 1.

SB286-ASA2,20,11 b. Implement in the school a new or modified instructional design, which may include expanded school hours or additional pupil supports and services.

SB286-ASA2,20,13 c. Implement professional development programs that focus on improving pupil academic achievement in the school.

SB286-ASA2,20,15 d. Implement changes in administrative and personnel structures in the school.

SB286-ASA2,20,18 e. Adopt accountability measures to monitor the school district's finances or to monitor other interventions directed by the state superintendent under this subd. 2. a. to 2. d.

SB286-ASA2,20,23 3. If a private school implements department-approved improvement activities under subd. 1., but the state superintendent determines that the school has failed to improve sufficiently within 3 school years, the state superintendent shall issue an order barring the private school from participating in the program under this section.

SB286-ASA2,21,3 (b) 1. If the department determines under s. 115.39 (3) that a private school participating in the program under this section received a grade of "fails to meet expectations" under s. 115.39 (2) (c) for 2 consecutive school years, the private school may agree to a corrective action plan developed by the department or by an institution, as defined in s. 36.05 (9), within the University of Wisconsin System.

SB286-ASA2,21,13 2. If the private school agrees to such a plan, the department shall pay to the private school, from the appropriation under s. 20.255 (2) (am), an amount equal to $250 multiplied by the number of pupils attending the private school under this section in each school year in which the school's raw score under s. 115.39 (2) (c) and its raw score under s. 115.39 (2) (a) 2. improve. If the private school's overall grade improves to "meets few expectations," the department shall cease making the payments and the 2 consecutive school years in which the school received a grade of "fails to meet expectations," and any subsequent year in which the school was operating under a corrective action plan under this subdivision, do not count toward the determination under par. (a).

SB286-ASA2,21,18 3. If in any school year the private school's raw score under s. 115.39 (2) (c) and its raw score under s. 115.39 (2) (a) 2. do not improve, the state superintendent shall cease making the payments and shall issue an order barring the school from participating in the program under this section. The private school is not required to repay any payments received under subd. 2.

SB286-ASA2,21,20 (c) A private school that has been barred from participation under par. (a) or (b) may not reopen as a charter school.

SB286-ASA2,22,2 (d) If a private school is eligible for sanctions under par. (a) because it received a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and a grade no higher than "meets few expectations" in the other 2 school years, and is also eligible for a corrective action plan under par. (b), the private school may agree to a corrective action plan under par. (b). If the private school does not agree to such a plan, par. (a) applies.

SB286-ASA2,35 Section 35. 118.60 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286-ASA2,22,7 118.60 (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.

SB286-ASA2,36 Section 36. 118.60 (10) (d) of the statutes is amended to read:

SB286-ASA2,22,11 118.60 (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).

SB286-ASA2,37 Section 37. 119.04 (1) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286-ASA2,22,23 119.04 (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.

SB286-ASA2,38 Section 38. 119.23 (1) (ag) (intro.) of the statutes is amended to read:

SB286-ASA2,23,4 119.23 (1) (ag) (intro.) "Disqualified person" means a person who, when a private school was barred or terminated from participation in the program under this section by an order issued under sub. (9m) or (10), satisfied at least one of the following:

SB286-ASA2,39 Section 39. 119.23 (9m) of the statutes is created to read:

SB286-ASA2,23,18 119.23 (9m) (a) 1. 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 "fails to meet expectations" under s. 115.39 (2) (c) for 3 consecutive school years, or has received a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and a grade no higher than "meets few expectations" in the other 2 school years under s. 115.39 (2) (c), the private school shall complete a department-approved, on-site, diagnostic review of the school to determine the causes of the school's poor performance and relevant mitigating factors. Based on the results of the diagnostic review, the private school shall implement department-approved improvement activities that are consistent with federal improvement requirements and that significantly transform the school, or the state superintendent shall issue an order barring the private school from participating in the program under this section.

SB286-ASA2,23,22 2. If a private school implements department-approved improvement activities under subd. 1., the state superintendent shall direct the private school to do one or more of the following after the state superintendent consults with the private school and its employees:

SB286-ASA2,23,24 a. Modify one or more of the activities implemented by the private school under subd. 1.

SB286-ASA2,24,2 b. Implement in the school a new or modified instructional design, which may include expanded school hours or additional pupil supports and services.

SB286-ASA2,24,4 c. Implement professional development programs that focus on improving pupil academic achievement in the school.

SB286-ASA2,24,6 d. Implement changes in administrative and personnel structures in the school.

SB286-ASA2,24,9 e. Adopt accountability measures to monitor the school district's finances or to monitor other interventions directed by the state superintendent under this subd. 2. a. to 2. d.

SB286-ASA2,24,14 3. If a private school implements department-approved improvement activities under subd. 1., but the state superintendent determines that the school has failed to improve sufficiently within 3 school years, the state superintendent shall issue an order barring the private school from participating in the program under this section.

SB286-ASA2,24,19 (b) 1. If the department determines under s. 115.39 (3) that a private school participating in the program under this section received a grade of "fails to meet expectations" under s. 115.39 (2) (c) for 2 consecutive school years, the private school may agree to a corrective action plan developed by the department or by an institution, as defined in s. 36.05 (9), within the University of Wisconsin System.

SB286-ASA2,25,4 2. If the private school agrees to such a plan, the department shall pay to the private school, from the appropriation under s. 20.255 (2) (am), an amount equal to $250 multiplied by the number of pupils attending the private school under this section in each school year in which the school's raw score under s. 115.39 (2) (c) and its raw score under s. 115.39 (2) (a) 2. improve. If the private school's overall grade improves to "meets few expectations," the department shall cease making the payments and the 2 consecutive school years in which the school received a grade of "fails to meet expectations," and any subsequent year in which the school was operating under a corrective action plan under this subdivision, do not count toward the determination under par. (a).

SB286-ASA2,25,9 3. If in any school year the private school's raw score under s. 115.39 (2) (c) and its raw score under s. 115.39 (2) (a) 2. do not improve, the state superintendent shall cease making the payments and shall issue an order barring the school from participating in the program under this section. The private school is not required to repay any payments received under subd. 2.

SB286-ASA2,25,11 (c) A private school that has been barred from participation under par. (a) or (b) may not reopen as a charter school.

SB286-ASA2,25,17 (d) If a private school is eligible for sanctions under par. (a) because it received a grade of "fails to meet expectations" in at least 3 of 5 consecutive school years and a grade no higher than "meets few expectations" in the other 2 school years, and is also eligible for a corrective action plan under par. (b), the private school may agree to a corrective action plan under par. (b). If the private school does not agree to such a plan, par. (a) applies.

SB286-ASA2,40 Section 40. 119.23 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB286-ASA2,25,22 119.23 (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.

SB286-ASA2,41 Section 41. 119.23 (10) (d) of the statutes is amended to read:

SB286-ASA2,26,3 119.23 (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).

SB286-ASA2,42 Section 42. 120.12 (26) of the statutes is created to read:

SB286-ASA2,26,7 120.12 (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.

SB286-ASA2,43 Section 43. 121.006 (2) (d) of the statutes is amended to read:

SB286-ASA2,26,10 121.006 (2) (d) Comply with a directive issued by the state superintendent under s. 118.42 (3) (a) or (b).

SB286-ASA2,44 Section 44. 121.02 (1) (o) of the statutes is amended to read:

SB286-ASA2,26,14 121.02 (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).

SB286-ASA2,45 Section 45.0 Nonstatutory provisions.

SB286-ASA2,26,19 (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.

SB286-ASA2,26,22 (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.

SB286-ASA2,46 Section 46. Effective dates. This act takes effect on the day after publication, except as follows:

SB286-ASA2,27,3 (1) Low-performing schools. The treatment of sections 118.42 (title), (2), (3) (b) and (c) 1. (intro.) and 2., and (4) and 121.006 (2) (d) of the statutes takes effect on July 1, 2020.

SB286-ASA2,27,4 (End)