LRBs0171/1
FFK:sac:jf
2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 76
October 31, 2013 - Offered by Senators Darling and Olsen.
SB76-SSA2,1,5 1An Act to repeal 118.40 (2) (b) 1. and 2.; to renumber and amend 118.40 (2)
2(b) (intro.); to amend 115.415 (3) (a) (intro.), 118.40 (2m) (b) and 118.40 (6); and
3to create 115.385 (3) and 118.40 (3) (f) of the statutes; relating to: replicating
4charter schools, utilizing an alternative process for educator effectiveness,
5establishing a charter school district, and school district accountability.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB76-SSA2,1 6Section 1. 115.385 (3) of the statutes is created to read:
SB76-SSA2,1,107 115.385 (3) For purposes of measuring a school district's performance under
8sub. (1), the department may not include data derived from a virtual charter school
9that is considered to be located in the school district under s. 118.51 (18) if at least
1050 percent of the pupils are attending the virtual charter school under s. 118.51.
SB76-SSA2,2 11Section 2. 115.415 (3) (a) (intro.) of the statutes is amended to read:
SB76-SSA2,2,12
1115.415 (3) (a) (intro.) The department shall promulgate by rule an equivalency
2process aligned with the evaluation system established under sub. (2) for a school
3district, a charter school under contract with a school board that is not an
4instrumentality of the school district,
or a charter school established under s. 118.40
5(2r) seeking to utilize an alternative process for the evaluation of teacher and
6principal practice. The process under this subsection shall be based on the criteria
7established in the 2011 Interstate Teacher Assessment and Support Consortium and
8the 2008 Interstate School Leaders Licensure Consortium Educational Leadership
9Policy Standards, and a school district, a charter school under contract with a school
10board that is not an instrumentality of the school district,
or charter school
11established under s. 118.40 (2r) that uses the process under this subsection shall
12evaluate the performance of teachers in the following domains:
SB76-SSA2,3 13Section 3. 118.40 (2) (b) (intro.) of the statutes is renumbered 118.40 (2) (b) and
14amended to read:
SB76-SSA2,2,1715 118.40 (2) (b) A school board may grant a petition that would result in the
16conversion of all of the public schools in the school district to charter schools if all of
17the following apply:
.
SB76-SSA2,4 18Section 4. 118.40 (2) (b) 1. and 2. of the statutes are repealed.
SB76-SSA2,5 19Section 5. 118.40 (2m) (b) of the statutes is amended to read:
SB76-SSA2,2,2220 118.40 (2m) (b) A school board may not enter into a contract under par. (a) that
21would result in the conversion of all of the public schools in the school district to
22charter schools unless the school board complies with sub. (2) (b) 2.
SB76-SSA2,6 23Section 6. 118.40 (3) (f) of the statutes is created to read:
SB76-SSA2,3,824 118.40 (3) (f) 1. In this paragraph, a person has a proven track record of success
25if, during each of the 2 immediately preceding school years, a person operated a

1charter school in which the total percentage of pupils attending the charter school
2who received a score of advanced or proficient on the state assessments for math and
3reading under ss. 118.30 and 121.02 (1) (r), or on an alternate assessment for math
4or reading under an individualized education program, in all tested grades is at least
510 percentage points greater than the total percentage of pupils attending public
6schools operated by the school board that governs the school district in which the
7charter school is located who received the same scores on the same assessments in
8the same grades.
SB76-SSA2,3,149 2. Subject to subd. 4., an entity under sub. (2r) (b) 1. a., b., or d. that has
10contracted with a person to operate a charter school shall, upon receiving a letter of
11intent under subd. 3. from the person, amend the existing contract or enter into a new
12contract with the person to authorize the person to operate one or more additional
13charter schools if the person has a proven track record of success for each charter
14school the person operates in this state.
SB76-SSA2,3,1715 3. To operate an additional charter school under subd. 2., a person must submit
16to the entity under sub. (2r) (b) 1. a., b., or d. a letter of intent that includes all of the
17following:
SB76-SSA2,3,1818 a. The date on which instruction will begin at each additional charter school.
SB76-SSA2,3,1919 b. The general location of each additional charter school.
SB76-SSA2,3,2220 c. A description of any potential facility that may be used by each additional
21charter school, including the approximate number of pupils that each facility may
22safely accommodate.
SB76-SSA2,3,2423 d. Evidence demonstrating that the person has a proven track record of success
24for each charter school the person operates in this state.
SB76-SSA2,4,3
14. An entity under sub. (2r) (b) 1. a., b., or d. shall authorize a person to operate
2no more than 2 additional charter schools per school year under this paragraph,
3unless the parties agree to more than 2.
SB76-SSA2,4,74 5. An additional charter school authorized under this paragraph is not a
5satellite or subsidiary campus of the charter school for which the operator
6demonstrated a proven track record of success under subd. 2. and is considered an
7individual school for funding purposes.
SB76-SSA2,7 8Section 7. 118.40 (6) of the statutes is amended to read:
SB76-SSA2,4,139 118.40 (6) Program voluntary. No pupil may be required to attend a charter
10school without his or her approval, if the pupil is an adult, or the approval of his or
11her parents or legal guardian, if the pupil is a minor, unless the pupil resides in a
12school district in which all of the public schools have been converted to charter
13schools under sub. (2) (b) or (2m) (b)
.
SB76-SSA2,8 14Section 8. Initial applicability.
SB76-SSA2,4,1715 (1) Charter schools contracts. The creation of section 118.40 (3) (f) of the
16statutes first applies to a contract for the establishment of a charter school that is
17entered into, modified, or renewed on the effective date of this subsection.
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