Amendment AA3-SB598

SB598-AA3,6,7 1. Significantly exceeds expectations.

SB598-AA3,6,8 2. Exceeds expectations.

SB598-AA3,6,9 3. Meets expectations.

SB598-AA3,6,10 4. Meets few expectations.

SB598-AA3,6,11 5. Fails to meet expectations.

SB598-AA3,6,12 (3) The department shall do all of the following:

SB598-AA3,6,18 (a) Except as provided in sub. (6), annually grade the performance of each school and school district under sub. (2) (c) and issue an accountability report for the school or school district that is clear and easily understandable. Except with regard to pupil achievement and high school graduation status, the department shall base the grade on data derived from at least 2 consecutive school years, and from at least 3 consecutive school years when feasible.

SB598-AA3,6,22 (c) Collect and disseminate the best practices from schools, except that the department may not collect information for this purpose from a private school participating in a parental choice program under s. 118.60 or 119.23 without the private school's consent.

SB598-AA3,7,2 (d) On the accountability report for a private school participating in a parental choice program under s. 118.60 or 119.23, identify the grade derived from data generated by pupils attending the private school under s. 118.60 or 119.23 as a choice pupil report. The report shall also specify the number and percentage of pupils attending the private school under s. 118.60 or 119.23.

SB598-AA3,7,5 (e) Include a data component in a school or school district accountability report for a school year only if the component includes data from at least 20 pupils in that school year.

SB598-AA3,7,8 (f) At least 30 days before issuing an accountability report for a school or school district under this section, provide the school or school district an opportunity to review a preliminary version of the report and correct errors.

SB598-AA3,7,10 (4) The department may use only the following information for each measure specified in sub. (2) (a):

SB598-AA3,7,12 (a) For measuring pupil achievement in reading and mathematics under sub. (2) (a) 1.:

SB598-AA3,7,15 1. Scores on the reading and mathematics examinations administered under s. 118.30, including scores on the alternate reading and mathematics examinations administered to children with significant cognitive disabilities.

SB598-AA3,7,16 2. The disability status of pupils taking the examinations under s. 118.30.

SB598-AA3,7,17 3. The grade level of pupils taking the examinations under s. 118.30.

SB598-AA3,7,18 4. The race or ethnicity of pupils taking the examinations under s. 118.30.

SB598-AA3,7,20 5. The English proficiency status of pupils taking the examinations under s. 118.30.

SB598-AA3,7,22 6. The eligibility for a free or reduced-price lunch under 42 USC 1758 (b) of pupils taking the examinations under s. 118.30.

SB598-AA3,7,24 7. The enrollment status and history of pupils attending the school or school district.

SB598-AA3,8,2 (b) For measuring growth in pupil achievement in reading and mathematics under sub. (2) (a) 2., the information under par. (a).

SB598-AA3,8,8 (c) For measuring gap closure in growth in pupil achievement in reading and mathematics and in 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, 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-AA3,8,14 (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-AA3,8,15 1. Pupils who are dropouts, as defined in s. 118.153 (1) (b).

SB598-AA3,8,18 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-AA3,8,20 3. Pupils and high school graduates enrolled in postsecondary educational programs.

SB598-AA3,8,22 4. Pupils participating in courses in which they can earn postsecondary credit and their pass rates and performance in those courses.

SB598-AA3,8,23 5. High school graduates entering the workforce.

SB598-AA3,9,3 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-AA3,9,5 7. Pupils participating in art and music classes and physical education classes offered by the school or school district.

SB598-AA3,9,6 8. Pupils who attain industry-recognized certifications.

SB598-AA3,9,7 9. Habitual truants, as defined in s. 118.16 (1) (a).

SB598-AA3,9,8 10. Pupils participating in extracurricular activities.

SB598-AA3,9,9 11. Pupils taking the military readiness examination.

SB598-AA3,9,10 12. Pupils who concentrate in career and technical education.

SB598-AA3,9,14 (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-AA3,9,16 (5) Each school and school district shall provide a link on the home page of its Internet site to the report issued by the department under this section.

SB598-AA3,9,22 (6) If the department determines that there is insufficient data about a school to grade its performance under sub. (3) (a) or that a grade under sub. (2) (c) is inappropriate because the school serves exclusively children at risk, as defined under s. 118.153 (1) (a), the department may grade the school as "satisfactory" or "needs improvement." The department shall issue an accountability report for the school.

SB598-AA3,9,24 (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 accountability reports under this section and annually in January submit its findings to the joint legislative audit committee under s. 13.172 (3).".

SB598-AA3,10,3 4. Page 2, line 9: after that line insert:

SB598-AA3,10,4 " Section 1p. 118.125 (4) of the statutes is amended to read:

SB598-AA3,10,20 118.125 (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-AA3,1q Section 1q. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

SB598-AA3,11,2 118.40 (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-AA3,1r Section 1r. 118.40 (2r) (b) 2. of the statutes is amended to read:

SB598-AA3,11,12 118.40 (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-AA3,1s Section 1s. 118.40 (2r) (b) 2m. of the statutes is amended to read:

SB598-AA3,11,15 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling a pupil from the charter school.

SB598-AA3,11,18 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-AA3,1t Section 1t. 118.40 (2r) (b) 4. of the statutes is amended to read:

SB598-AA3,11,21 118.40 (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-AA3,1tb Section 1tb. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB598-AA3,12,8 118.40 (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-AA3,1tc Section 1tc. 118.40 (2r) (cm) of the statutes is amended to read:

SB598-AA3,12,13 118.40 (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-AA3,1td Section 1td. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

SB598-AA3,12,16 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

SB598-AA3,1te Section 1te. 118.40 (3) (e) of the statutes is amended to read:

SB598-AA3,12,21 118.40 (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-AA3,1tf Section 1tf. 118.40 (4) (c) of the statutes is amended to read:

SB598-AA3,13,3 118.40 (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.

SB598-AA3,1tg Section 1tg. 118.40 (5m) of the statutes is created to read:

SB598-AA3,13,13 118.40 (5m) Sanctions. (a) If the department determines under s. 115.39 (3) that 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 charter school operator 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 charter school operator shall do one of the following:

SB598-AA3,13,16 1. Implement department-approved improvement activities that are consistent with federal improvement requirements and that significantly transform the school.

SB598-AA3,13,17 2. Permanently close the school.

SB598-AA3,13,21 (b) If a charter school operator implements department-approved improvement activities under par. (a) 1., the state superintendent shall direct the charter school operator to do one or more of the following after the state superintendent consults with the operator and charter school employees:

SB598-AA3,13,23 1. Modify one or more of the activities implemented by the charter school under par. (a) 1.

SB598-AA3,13,25 2. Implement in the school a new or modified instructional design, which may include expanded school hours or additional pupil supports and services.

SB598-AA3,14,2 3. Implement professional development programs that focus on improving pupil academic achievement in the school.

SB598-AA3,14,4 4. Implement changes in administrative and personnel structures in the school.

SB598-AA3,14,7 5. Adopt accountability measures to monitor the charter school's finances or to monitor other interventions directed by the state superintendent under subds. 1. to 4.

SB598-AA3,14,11 (c) If a charter school implements department-approved improvement activities under par. (a) 1., but the state superintendent determines that the charter school has failed to improve sufficiently within 3 school years, the charter school operator shall permanently close the school.

SB598-AA3,14,16 (d) 1. If the department determines under s. 115.39 (3) that a charter school has received a grade of "fails to meet expectations" under s. 115.39 (2) (c) for 2 consecutive school years, the charter school operator 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.

SB598-AA3,14,25 2. If the charter school operator agrees to such a plan, the department shall pay to the charter school, 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).

SB598-AA3,15,4 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 charter school operator shall close the school. The charter school operator is not required to repay any payments it received under subd. 2.

SB598-AA3,15,7 (e) 1. A school closing under par. (a) 2., (c), or (d) 3. 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 par. (a), (c), or (d).

SB598-AA3,15,9 2. If a charter school that is closed under par. (a), (c), or (d) reopens as a private school, it may not participate in a parental choice program under s. 118.60 or 119.23.

SB598-AA3,15,15 (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.

SB598-AA3,1th Section 1th. 118.42 (title) of the statutes is amended to read:

SB598-AA3,15,18 118.42 (title) Low-performing school districts and schools; state superintendent interventions.

SB598-AA3,1ti Section 1ti. 118.42 (2) of the statutes is repealed.

SB598-AA3,1tj Section 1tj. 118.42 (3) (b) of the statutes is repealed.

SB598-AA3,1tk Section 1tk. 118.42 (3) (c) 1. (intro.) of the statutes is amended to read:

SB598-AA3,15,23 118.42 (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:

SB598-AA3,1tL Section 1tL. 118.42 (3) (c) 2. of the statutes is amended to read:

SB598-AA3,16,3 118.42 (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.

SB598-AA3,1tm Section 1tm. 118.42 (4) of the statutes is amended to read:

SB598-AA3,16,8 118.42 (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.

SB598-AA3,1tn Section 1tn. 118.425 of the statutes is created to read: