Amendment AA2-SB598

SB598-AA2,7,9 7. The eligibility for a free or reduced-price lunch under 42 USC 1758 (b) of pupils taking the examinations under s. 118.30.

SB598-AA2,7,11 8. The United States residency status of pupils taking the examinations under s. 118.30.

SB598-AA2,7,13 9. The enrollment status and history of pupils attending the school or school district.

SB598-AA2,7,16 (b) For measuring growth in pupil achievement in reading and mathematics under sub. (2) (a) 2., the information under par. (a) 1. and 3. to 9. for at least 2 consecutive school years.

SB598-AA2,7,22 (c) For measuring gap closure in pupil academic achievement and graduation rates under sub. (2) (a) 4., the information under par. (a) and the information under par. (d) 2. and 6. When measuring gap closure in pupil academic achievement and graduation rates, the department shall ensure that a subgroup with a sufficient number of pupils within a school or school district is compared to the statewide performance of pupils who are not in that subgroup.

SB598-AA2,8,3 (d) For measuring college and career readiness under sub. (2) (a) 3. and pupil engagement in school under sub. (2) (a) 5., the information under par. (a); the assessment records of pupils who are eligible to take the examinations administered under s. 118.30; scores on the examinations administered to pupils under s. 118.30; pupil performance on postsecondary entrance or placement examinations; and pupil-level data about all of the following:

SB598-AA2,8,4 1. Pupils who are dropouts, as defined in s. 118.153 (1) (b).

SB598-AA2,8,7 2. Pupils who graduate from high school with a regular diploma within 4 school years and pupils who graduate from high school with a regular diploma within 5 or 6 school years.

SB598-AA2,8,9 3. Pupils and high school graduates enrolled in postsecondary educational programs.

SB598-AA2,8,11 4. Pupils participating in courses in which they can earn postsecondary credit and their pass rates and performance in those courses.

SB598-AA2,8,12 5. High school graduates entering the workforce.

SB598-AA2,8,17 6. Pupils who are suspended or expelled; the reasons for the suspension or expulsion; the length of time for which pupils are expelled; whether pupils return to school after being expelled; the educational programs and services provided to expelled pupils, except for pupils attending a private school under s. 118.60 or 119.23; and the schools attended by pupils who are suspended or expelled.

SB598-AA2,8,19 7. Pupils participating in art and music classes and physical education classes offered by the school or school district.

SB598-AA2,8,20 8. Pupils who attain industry-recognized certifications.

SB598-AA2,8,21 9. Habitual truants, as defined in s. 118.16 (1) (a).

SB598-AA2,8,22 10. Pupils participating in extracurricular activities.

SB598-AA2,8,23 11. Pupils taking the military readiness examination.

SB598-AA2,8,24 12. Pupils who concentrate in career and technical education.

SB598-AA2,9,4 (4m) For a private school participating in a parental choice program under s. 118.60 or 119.23, the department may use for each measure specified in sub. (2) (a) only the information specified in sub. (4) that pertains to pupils attending the private school under the program.

SB598-AA2,9,6 (5) Each school and school district shall display prominently on the home page of its Internet site the reports issued by the department under this section.

SB598-AA2,9,11 (6) If the department determines that there is insufficient data about a school to rate its performance under sub. (3) (a) or that a rating under sub. (2) (c) is inappropriate because the school serves children at risk, as defined under s. 118.153 (1) (a), the department may rate the school as satisfactory or needs improvement. The department shall issue an accountability report for the school.

SB598-AA2,9,16 (7) The legislative audit bureau shall study the department's methodology for calculating the performance of schools and school districts for the most recently issued performance reports under this section and annually in January submit its findings to the appropriate standing committees of the legislature under s. 13.172 (3).

SB598-AA2,5m Section 5m. 118.125 (4) of the statutes is amended to read:

SB598-AA2,9,25 118.125 (4) Transfer of records. Within 5 working days, a school district, a charter school, and a private school participating in the a parental choice program under s. 118.60 or in the program under s. 119.23 shall transfer to another school, including a private, charter, or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.

SB598-AA2,11b Section 11b. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

SB598-AA2,10,13 118.40 (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:

SB598-AA2,11c Section 11c. 118.40 (2r) (b) 2. of the statutes is amended to read:

SB598-AA2,10,23 118.40 (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.

SB598-AA2,11d Section 11d. 118.40 (2r) (b) 2m. of the statutes is amended to read:

SB598-AA2,11,2 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling a pupil from the charter school.

SB598-AA2,11,5 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.

SB598-AA2,11e Section 11e. 118.40 (2r) (b) 4. of the statutes is amended to read:

SB598-AA2,11,8 118.40 (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.

SB598-AA2,11f Section 11f. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB598-AA2,11,20 118.40 (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.

SB598-AA2,11g Section 11g. 118.40 (2r) (cm) of the statutes is amended to read:

SB598-AA2,11,25 118.40 (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.

SB598-AA2,11h Section 11h. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

SB598-AA2,12,3 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

SB598-AA2,11i Section 11i. 118.40 (2r) (d) 3. of the statutes is created to read:

SB598-AA2,12,9 118.40 (2r) (d) 3. If the department determines under s. 115.39 (3) that a charter school established under this subsection has performed at the lowest performance level for 3 consecutive school years, annually submit to the department the following information until the charter school improves to at least the performance level specified in s. 115.39 (2) (c) 4.:

SB598-AA2,12,11 a. The charter school's operating costs, detailed in an audited financial statement.

SB598-AA2,12,13 b. The services provided by the contracting entity to the charter school and an itemized accounting of the cost of such services.

SB598-AA2,11j Section 11j. 118.40 (3) (e) of the statutes is amended to read:

SB598-AA2,12,18 118.40 (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.

SB598-AA2,11k Section 11k. 118.40 (3) (f) of the statutes is created to read:

SB598-AA2,12,25 118.40 (3) (f) 1. A contract with a school board or an entity under sub. (2r) (b) shall specify that if the department determines under s. 115.39 (3) that the charter school has performed at the lowest performance level for 3 consecutive school years, the school board or entity under sub. (2r) (b) shall require that a remediation plan, approved by the school board or entity, be implemented by the charter school operator.

SB598-AA2,13,2 2. The school board or entity under sub. (2r) (b) shall provide the department with a copy of any remediation plan approved under subd. 1.

SB598-AA2,11L Section 11L. 118.40 (4) (c) of the statutes is amended to read:

SB598-AA2,13,9 118.40 (4) (c) Single-sex schools and courses. A school board may enter into a contract for, and an or entity under sub. (2r) 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.

SB598-AA2,11m Section 11m. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).

SB598-AA2,11n Section 11n. 118.40 (5) (b) of the statutes is created to read:

SB598-AA2,13,18 118.40 (5) (b) A school board or entity under sub. (2r) that has contracted for the establishment of a charter school shall revoke the school's charter if the operator of the charter school implemented a remediation plan under sub. (3) (f) 1. but the school failed to improve to at least the performance level specified in s. 115.39 (2) (c) 4. within 3 school years. If a charter school that has had its charter revoked under this paragraph reopens as a private school, it may not participate in a parental choice program under s. 118.60 or 119.23.

SB598-AA2,11o Section 11o. 118.42 (1) (intro.) of the statutes is amended to read:

SB598-AA2,13,23 118.42 (1) (intro.) If the state superintendent determines under s. 115.39 (3) that a school district has been in need of improvement performed at the lowest performance level for 4 3 consecutive school years, the school board shall do all of the following apply:

SB598-AA2,11p Section 11p. 118.42 (1) (a) to (d) of the statutes are renumbered 118.42 (1) (am) 2. to 5.

SB598-AA2,11q Section 11q. 118.42 (1) (am) (intro.) and 1. of the statutes are created to read:

SB598-AA2,14,2 118.42 (1) (am) (intro.) The school board shall do all of the following:

SB598-AA2,14,5 1. Complete a department-approved diagnostic review of the school district to determine the causes of the school district's poor performance and relevant mitigating factors.

SB598-AA2,11r Section 11r. 118.42 (1) (bm) (intro.) and 1. of the statutes are created to read:

SB598-AA2,14,9 118.42 (1) (bm) (intro.) After consulting with the school board, the school district administrator, and school district employees, the state superintendent shall direct the school board to do one or more of the following in the school district:

SB598-AA2,14,11 1. Modify one or more of the activities performed by the school board under par. (am).

SB598-AA2,11s Section 11s. 118.42 (1) (cm) of the statutes is created to read:

SB598-AA2,14,15 118.42 (1) (cm) Nothing in this subsection authorizes the department to require, or a school board to implement, an action that would result in an impairment of the school board's contract with a charter school operator.

SB598-AA2,11t Section 11t. 118.42 (2) of the statutes is repealed.

SB598-AA2,11u Section 11u. 118.42 (2m) of the statutes is created to read:

SB598-AA2,14,23 118.42 (2m) (a) If the state superintendent determines under s. 115.39 (3) that a public school, other than a charter school, has performed at the lowest performance level for 3 consecutive school years, 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:

SB598-AA2,15,3 1. Implement department-approved improvement activities that are consistent with federal improvement requirements and that significantly transform the school.

SB598-AA2,15,4 2. Convert the school to a charter school.

SB598-AA2,15,5 3. Close the school.

SB598-AA2,15,9 (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:

SB598-AA2,15,11 1. Modify one or more of the activities performed by the school board under par. (a) 1.

SB598-AA2,15,13 2. Implement in the school a new or modified instructional design, which may include expanded school hours or additional pupil supports and services.

SB598-AA2,15,15 3. Implement professional development programs that focus on improving pupil academic achievement in the school.

SB598-AA2,15,17 4. Implement changes in administrative and personnel structures in the school.

SB598-AA2,15,20 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.

SB598-AA2,15,24 (c) If a school board implements department-approved improvement activities under par. (a) 1., but the school fails to improve to at least the performance level specified in s. 115.39 (2) (c) 4. within 3 school years, the school board shall convert the school to a charter school or close the school.

SB598-AA2,11v Section 11v. 118.42 (3) (a) (intro.) of the statutes is repealed.

SB598-AA2,11w Section 11w. 118.42 (3) (a) 1. of the statutes is repealed.

SB598-AA2,11x Section 11x. 118.42 (3) (a) 2. to 5. of the statutes are renumbered 118.42 (1) (bm) 2. to 5.

SB598-AA2,11y Section 11y. 118.42 (3) (b) and (c) of the statutes are repealed.

SB598-AA2,11z Section 11z. 118.42 (4) and (5) of the statutes are repealed.

SB598-AA2,29m Section 29m. 118.60 (9m) of the statutes is created to read:

SB598-AA2,16,11 118.60 (9m) (a) If the department determines under s. 115.39 (3) that a private school participating in the program under this section has performed at the lowest performance level for 3 consecutive school years, the private school shall notify its accrediting agency of the determination and request the agency to review the school's accreditation.

SB598-AA2,16,16 (b) If the private school fails to improve to at least the performance level specified in s. 115.39 (2) (c) 4. within 3 school years of the department's determination under par. (a), the state superintendent shall issue an order, effective on the succeeding July 1, permanently barring the private school from participating in the program under this section and the program under s. 119.23.

SB598-AA2,16,18 (c) A private school that has been barred under par. (b) may not reopen as a charter school.

SB598-AA2,31e Section 31e. 118.60 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB598-AA2,16,23 118.60 (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.

SB598-AA2,31m Section 31m. 118.60 (10) (d) of the statutes is amended to read: