Amendment ASA1-AB1

AB1-ASA1,7,15 115.28 (54m) Notice of educational options. Include on the home page of the department's Internet site a link to information about all of the educational options available to children in the state who are at least 3 years old but not yet 18 years old, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time open enrollment, youth options, course options, and options for pupils enrolled in a home-based private educational program.

AB1-ASA1,5 Section 5. 115.28 (62) of the statutes is created to read:

AB1-ASA1,8,2 115.28 (62) Alternative tests. Publish on the department's Internet site a list of alternative tests approved by rule under s. 118.301.

AB1-ASA1,6 Section 6. 115.293 of the statutes is created to read:

AB1-ASA1,8,7 115.293 Smarter Balanced Assessment Consortium; Common Core State Standards Initiative; prohibition. (1) Beginning on the effective date of this subsection .... [LRB inserts date], the state superintendent shall cease all participation in the Smarter Balanced Assessment Consortium.

AB1-ASA1,8,12 (2) The state superintendent may not give effect to any academic standard developed by the Common Core State Standards Initiative and adopted and implemented in this state before the effective date of this subsection .... [LRB inserts date]. The state superintendent may not require any school board to give effect to any such academic standard.

AB1-ASA1,8,16 (3) Beginning on the effective date of this subsection .... [LRB inserts date], the state superintendent may not take any action to adopt or implement any academic standard developed by the Common Core State Standards Initiative, and may not direct any school board to adopt or implement any such standard.

AB1-ASA1,7 Section 7. 115.385 (1) (a) (intro.) of the statutes is amended to read:

AB1-ASA1,8,20 115.385 (1) (a) (intro.) Multiple measures to determine a school's performance or a school district's improvement, including all of the following categorized by English language proficiency, disability, income level, and race or ethnicity:

AB1-ASA1,8 Section 8. 115.385 (1) (a) 1. of the statutes is amended to read:

AB1-ASA1,9,2 115.385 (1) (a) 1. Pupil achievement and growth in reading and mathematics. The department may use only scores on the reading and mathematics examinations administered under s. 118.30 or alternative examinations approved under s. 118.301, including scores on the alternate reading and mathematics examinations administered to children with significant cognitive disabilities, to measure pupil achievement under this subdivision.

AB1-ASA1,9 Section 9. 115.385 (1) (a) 1m. of the statutes is created to read:

AB1-ASA1,9,5 115.385 (1) (a) 1m. Growth in pupil achievement in reading and mathematics, calculated using a value-added methodology.

AB1-ASA1,10 Section 10. 115.385 (1) (a) 3. of the statutes is amended to read:

AB1-ASA1,9,9 115.385 (1) (a) 3. Gaps Gap closure in pupil achievement in reading and mathematics and, when available, rates of graduation, categorized by race, English language proficiency, disability, and income level.

AB1-ASA1,11 Section 11. 115.385 (1) (a) 4. of the statutes is created to read:

AB1-ASA1,9,11 115.385 (1) (a) 4. Rates of attendance or of high school graduation.

AB1-ASA1,12 Section 12. 115.385 (1) (b) of the statutes is renumbered 115.385 (1) (b) (intro.) and amended to read:

AB1-ASA1,9,17 115.385 (1) (b) (intro.) An index system to identify a school's level of performance and a school district's level of improvement and to annually place assign to each school into and school district one of 5 performance categories. the following grade levels:

AB1-ASA1,13 Section 13. 115.385 (1) (b) 1. of the statutes is created to read:

AB1-ASA1,9,19 115.385 (1) (b) 1. "A — Significantly Exceeds Expectations."

AB1-ASA1,14 Section 14. 115.385 (1) (b) 2. of the statutes is created to read:

AB1-ASA1,9,21 115.385 (1) (b) 2. "B — Exceeds Expectations."

AB1-ASA1,15 Section 15. 115.385 (1) (b) 3. of the statutes is created to read:

AB1-ASA1,9,23 115.385 (1) (b) 3. "C — Meets Expectations."

AB1-ASA1,16 Section 16. 115.385 (1) (b) 4. of the statutes is created to read:

AB1-ASA1,9,25 115.385 (1) (b) 4. "D — Meets Few Expectations."

AB1-ASA1,17 Section 17. 115.385 (1) (b) 5. of the statutes is created to read:

AB1-ASA1,10,2 115.385 (1) (b) 5. "F — Fails to Meet Expectations."

AB1-ASA1,18 Section 18. 115.385 (1) (c) of the statutes is created to read:

AB1-ASA1,10,4 115.385 (1) (c) A qualitative definition for each of the 5 grade levels in par. (b).

AB1-ASA1,19 Section 19. 115.385 (1m) of the statutes is created to read:

AB1-ASA1,10,7 115.385 (1m) For purposes of determining a school's performance or a school district's improvement under sub. (1), all of the following apply:

AB1-ASA1,10,9 (a) The department may not include the following pupils or pupil assessment scores:

AB1-ASA1,10,12 1. A pupil who attended a private school under the program under s. 118.60 or 119.23 in the 8th grade and who transfers to a public school, including a charter school, for the 9th grade.

AB1-ASA1,10,15 2. A pupil who was enrolled in a public school, including a charter school, in the 8th grade and who transfers to a private school under the program under s. 118.60 or 119.23 for the 9th grade.

AB1-ASA1,10,17 3. A pupil, other than a pupil enrolled in the 9th grade, who was enrolled in the school or school district for less than one year prior to taking the pupil assessment.

AB1-ASA1,10,22 (b) If, in any school year, the department determines that fewer than 20 pupils are attending a private school under a program under s. 118.60 or 119.23, the department may not require the private school to submit achievement data for that school year, may not determine the performance of the school for that school year, and may not publish an accountability report for the private school for that school year.

AB1-ASA1,11,2 (c) 1. Subject to subd. 2., if the department uses pupil assessment scores to determine a school's performance or a school district's improvement, the department shall account for the length of time a pupil was enrolled in the school or school district prior to taking the pupil assessment by weighting pupil assessment scores as follows:

AB1-ASA1,11,4 a. For a pupil who was enrolled in the school or school district for at least one year but less than 2 years prior to taking the pupil assessment, multiply by 1.

AB1-ASA1,11,6 b. For a pupil who was enrolled in the school or school district for at least 2 years but less than 3 years prior to taking the pupil assessment, multiply by 2.

AB1-ASA1,11,8 c. For a pupil who was enrolled in the school or school district for more than 3 years prior to taking the pupil assessment, multiply by 3.

AB1-ASA1,11,11 2. The department may not, for purposes of determining a school's performance, account for the length of time a 9th grade pupil was enrolled in the school.

AB1-ASA1,11,20 (d) The department shall consider the impact of poverty on pupil achievement and growth by adjusting the importance given to the measures under sub. (1) (a) 1. and 1m. based on the percentage of pupils in the school or school district who are economically disadvantaged. In this paragraph, an economically disadvantaged pupil is a pupil who satisfies either the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1) or other measures of poverty, as determined by the department. Of the total weight the department allocates to the measures under sub. (1) (a) 1. and 1m. for the purpose of determining a school's performance or a school district's improvement, the department shall do as follows:

AB1-ASA1,11,23 1. If 5 percent or less of the school or school district membership is comprised of economically disadvantaged pupils, weight the measure under sub. (1) (a) 1. at 90 percent and the measure under sub. (1) (a) 1m. at 10 percent.

AB1-ASA1,12,3 2. If 65 percent or more of the school or school district membership is comprised of economically disadvantaged pupils, weight the measure under sub. (1) (a) 1. at 10 percent and the measure under sub. (1) (a) 1m. at 90 percent.

AB1-ASA1,12,6 3. If the percentage of economically disadvantaged pupils in the school or school district membership is more than 5 percent but less than 65 percent, determine the weight of the measures under sub. (1) (a) 1m. as follows:

AB1-ASA1,12,7 a. Divide 80 by 60.

AB1-ASA1,12,9 b. Multiply the quotient determined under subd. 3. a. by the percentage of economically disadvantaged pupils in the school or school district membership.

AB1-ASA1,12,10 c. Add 3.35 to the result under subd. 3. b.

AB1-ASA1,12,14 4. If the percentage of economically disadvantaged pupils in the school or school district membership is more than 5 percent but less than 65 percent, determine the weight of the measures under sub. (1) (a) 1. by subtracting the weight given to the measures under sub. (1) (a) 1m. as determined under subd. 3. from 100.

AB1-ASA1,12,17 (e) The measures related to college and career readiness under sub. (1) (a) 2. may account for not more than 5 percent of the school's performance or school district's improvement.

AB1-ASA1,12,20 (f) The department may consider the impact of up to 3 days of inclement weather on the school's performance or school district's improvement on the measure related to rates of attendance under sub. (1) (a) 4.

AB1-ASA1,20 Section 20. 115.385 (1r) of the statutes is created to read:

AB1-ASA1,13,2 115.385 (1r) For purposes of measuring a school district's improvement under sub. (1), the department may not include information or scores derived from a virtual charter school that is considered to be located in the school district under s. 118.51 (18) if at least 50 percent of the pupils are attending the virtual charter school under s. 118.51.

AB1-ASA1,21 Section 21. 115.385 (2) of the statutes is amended to read:

AB1-ASA1,13,13 115.385 (2) Beginning one year after a charter school established under s. 118.40 (2r) or a private school participating in a parental choice program under s. 118.60 or 119.23 begins using the student information system under s. 115.28 (12) (b), or begins using a system that is interoperable with that system, the with the accountability report published for the 2015-16 school year, the department shall include the school in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) and private schools participating in a program under s. 118.60 or 119.23. The department shall use the same criteria to measure the performance of all schools included in the annual school accountability report.

AB1-ASA1,22 Section 22. 115.385 (3) of the statutes is created to read:

AB1-ASA1,13,18 115.385 (3) (a) On an accountability report published for a private school participating in a program under s. 118.60 or 119.23, the department shall specify the percentage of pupils attending the private school under the program and comply with one of the following:

AB1-ASA1,13,21 1. For a private school that submits achievement data only for those pupils attending the private school under the program, identify the grade level determined from data about those pupils as the choice pupil grade.

AB1-ASA1,14,3 2. For a private school that submits achievement data for those pupils attending the private school under s. 118.60 or 119.23 and achievement data for all other pupils attending the private school, identify the grade level determined from data about pupils attending the school under s. 118.60 or 119.23 as the choice pupil grade. The department shall also identify a 2nd grade level, determined from data about all pupils attending the private school, including pupils attending the private school under s. 118.60 or 119.23, as the private school grade.

AB1-ASA1,14,9 (b) For a private school participating in a program under s. 118.60 or 119.23, the department may use for each measure specified in sub. (1) (a) only the information in this subsection that pertains to pupils attending the private school under the program unless the private school submits achievement data under par. (a) 2. for pupils attending the private school other than under the parental choice program.

AB1-ASA1,23 Section 23. 115.385 (4) of the statutes is created to read:

AB1-ASA1,14,21 115.385 (4) Annually, each public school, including a charter school, and each private school participating in a program under s. 118.60 or 119.23 shall provide to the parent or guardian of each pupil enrolled in or attending the school a copy of the school's accountability report or, if impractical, a summary of the accountability report accompanied by a link to the school's Internet site where the full report may be accessed. Each school shall simultaneously provide to the parent or guardian of each pupil enrolled in the school a list of the educational options available to children who reside in the pupil's resident school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time open enrollment, youth options, course options, and options for pupils enrolled in a home-based private educational program.

AB1-ASA1,24 Section 24. 115.385 (5) of the statutes is created to read:

AB1-ASA1,15,2 115.385 (5) A school may not avoid sanctions under sub. (6) or (7) by closing and reopening under a different name or in a different location, or by merging or consolidating with another school if the result is a substantially similar population of pupils.

AB1-ASA1,25 Section 25. 115.385 (6) of the statutes is created to read:

AB1-ASA1,15,8 115.385 (6) (a) Beginning with an accountability report published under sub. (1) for the 2016-17 school year, if a public school, including a charter school established under s. 118.40 (2r), receives a grade level of "D — Meets Few Expectations" or "F — Fails to Meet Expectations" in the 3rd school year of any 3 consecutive school years, the state superintendent shall do all of the following:

AB1-ASA1,15,10 1. Require the school board or operator of the charter school to immediately do all of the following:

AB1-ASA1,15,12 a. Comply for 3 consecutive school years with the requirements under s. 118.42 to undertake interventions for low-performing schools.

AB1-ASA1,15,24 b. For a public school other than a charter school established under s. 118.40 (2r), authorize the school district administrator to act unilaterally, on matters related to the operation and administration of the school subject to sanctions under this subsection and in a manner that is not otherwise in violation of the law, in contravention of policies and procedures adopted by the school board and to adopt new policies and procedures. The school board may not retaliate against the school district administrator for any lawful action taken by the school district administrator under this subd. 1. b. The school district administrator may bring an action in circuit court against the school board if the school board retaliates against the school district administrator, by engaging in a disciplinary action against or terminating the employment of the school district administrator, because of any lawful action taken by the school district administrator under this subd. 1. b.

AB1-ASA1,16,3 2. From the appropriation under s. 20.255 (2) (ca), make payments to school districts for the purpose of implementing interventions required under s. 118.42 in schools subject to sanctions under subd. 1. a.

AB1-ASA1,16,14 (b) Beginning with an accountability report published under sub. (1) for the 2016-17 school year, if the state superintendent determines that a private school that has 20 or more pupils participating in a program under s. 118.60 or 119.23 has received a grade level of "D — Meets Few Expectations" or "F — Fails to Meet Expectations" in the 3rd school year of any 3 consecutive school years in which the school has both participated in a parental choice program and had 20 or more pupils attending the school under a parental choice program, the private school may not accept any additional pupils under a parental choice program, other than siblings of pupils attending the school under a parental choice program, for the next 3 consecutive school years following the state superintendent's determination under this paragraph.

AB1-ASA1,26 Section 26. 115.385 (7) of the statutes is created to read:

AB1-ASA1,16,21 115.385 (7) (a) If, on the accountability report published under sub. (1) at the end of the 3-year period under sub. (6) (a), the state superintendent determines that a public school, other than a charter school established under s. 118.40 (2r), that is subject to sanctions under sub. (6) (a) has received a grade level of "F — Fails to Meet Expectations," the school board, or operator of the charter school if applicable, shall, as soon as practicable, undertake one or more of the following:

AB1-ASA1,16,23 1. Elect to comply with both of the following steps towards reorganizing the administration of the school:

AB1-ASA1,17,2 a. As soon as practicable, replace the principal and, if applicable, administrator of the school. The school board is not required to replace the principal or administrator as provided in this subd. 1. a. if the principal was hired within the immediately preceding 15 months.

AB1-ASA1,17,11 b. As soon as practicable, give notice of refusal to renew the contract of any teacher in the school who received a score of less than proficient on an evaluation conducted within the immediately preceding 2 school years under s. 115.415. The school board is not required to take action under this subd. 1. b. for any teacher who has 3 or fewer years of classroom experience. The school board may not rehire or reassign within the school district a teacher whose contract is not renewed under this subd. 1. b. for 3 consecutive school years, except that this prohibition does not apply to a teacher whose nonrenewal under this subd. 1. b. is found to be unlawful under subch. II of ch. 111.

AB1-ASA1,17,25 2. a. For a public school that is not a charter school, request the department to publish a request for proposals that shall direct interested applicants to submit to the department a proposal to convert the public school to a charter school under the authority of a college campus or institute in the University of Wisconsin System under s. 118.40 (2r) (b) 1. e. or of a technical college district board under s. 118.40 (2r) (b) 1. f. The department shall submit any proposal it receives to one or more deans, chancellors, or district boards for review. If any such dean, chancellor, or district board finds a proposal acceptable, or if any such dean, chancellor, or district board elects to establish and operate the school as a charter school under s. 118.40 (2r), that entity shall authorize the conversion of the public school to a charter school under s. 118.40 (2r). The department shall establish, by rule, a process for selecting the most appropriate dean or chancellor of a college campus or institution in the University of Wisconsin System or technical college district board to receive a proposal submitted to the department under this subd. 2. a.

AB1-ASA1,18,4 b. If the school board selects conversion to a charter school under s. 118.40 (2r) under this subdivision, the school board shall lease the school building, the school premises, and the furniture, fixtures, and equipment within the school building to the operator of the charter school up to fair market value.

AB1-ASA1,18,6 c. If the department does not receive any proposal under subd. 2. a., the public school shall follow the procedures under subd. 3.

AB1-ASA1,18,17 d. The operator of a school that is converted to a charter school under this subdivision shall enter into a 5-school-year contract with the entity that authorized the charter school under subd. 2. a. If, at the end of the 5-school-year term, the school receives a grade level of "C — Meets Expectations" or better on the accountability report published under sub. (1), the authorizing entity and the operator may agree to renew the contract for an additional 5-school-year term. The contract shall include a process for determining whether the school is making measurable progress towards improving the school's grade level. The contract shall include a provision governing the transportation of pupils to the school. The contract shall also include a process by which the transfer of the management and operations of the school may be returned to the school board at the end of the contract term.

AB1-ASA1,18,25 3. For a public school that is not a charter school, enter into a 5-school-year contract with a person to operate the school as a charter school under s. 118.40 (2m) if the school board has not already done so. If, at the end of the 5-school-year term, the school receives a grade level of "C — Meets Expectations" or better on the accountability report published under sub. (1), the school board may but is not required to renew the contract with the operator for an additional 5-school-year term. The contract shall include a process by which the transfer of the management and operations of the school may be returned to the school board.

AB1-ASA1,19,8 4. For a public school that is not a charter school, authorize the school district administrator to enter into a 5-school-year contract with an educational management agency under which the educational management agency agrees to operate the school. The contract under this subdivision shall require the educational management agency to follow the laws applicable to public schools under chs. 115 to 121 and the administrative rules promulgated by the department. The contract shall permit the school district administrator and the educational management agency to renew the contract for a second 5-school-year term.

AB1-ASA1,19,15 (ag) 1. If the school board, or, if applicable, the operator of a charter school other than a charter school under s. 118.40 (2r), fails to take any action under par. (a) with respect to a school that is subject to sanctions under this subsection within the 12 months after the state superintendent's determination under par. (a) (intro.), the state superintendent shall adjust the state aid paid to the school district under s. 121.08 for the school year immediately following the school year in which the school becomes subject to sanctions under par. (a) in the following manner:

AB1-ASA1,19,18 a. Determine the amount of state aid received by the school district under s. 121.08 in the school year in which the school becomes subject to sanctions under par. (a).

AB1-ASA1,19,21 b. Determine the amount of state aid the school district would be eligible to be paid under s. 121.08 in the school year immediately following the school year described under subd. 1. a.

AB1-ASA1,20,4 c. If the amount determined under subd. 1. a. is less than the amount determined under subd. 1. b., the amount of state aid to be paid under s. 121.08 to the school district for the school year immediately following the school year described under subd. 1. a. shall be the amount determined under subd. 1. a. If the amount determined under subd. 1. a. is greater than the amount determined under subd. 1. b., the amount of state aid to be paid under s. 121.08 to the school district for the school year immediately following the school year described under subd. 1. a. shall be the amount determined under subd. 1. b.

AB1-ASA1,20,9 2. For each school year following the school year described under subd. 1. b. that the school board or operator of a charter school, other than a charter school under s. 118.40 (2r), fails to take any action under par. (a), the state superintendent shall reduce by 1 percent the amount of state aid paid to the school district under subd. 1. c.