Amendment ASA1-AB1

AB1-ASA1,30 Section 30. 118.153 (1) (a) 5. of the statutes is amended to read:

AB1-ASA1,23,9 118.153 (1) (a) 5. Eighth grade pupils whose score in each subject area on the examination administered under s. 118.30 (1m) (am) 1. or 118.301 (4) was below the basic level, 8th grade pupils who failed the examination administered under s. 118.30 (1m) (am) 2. or 118.301 (4), and 8th grade pupils who failed to be promoted to the 9th grade.

AB1-ASA1,31 Section 31. 118.30 (1) of the statutes is amended to read:

AB1-ASA1,23,15 118.30 (1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th, 9th, 10th, and 11th grades. Beginning in the 2015-16 school year, the state superintendent may not adopt or approve assessments developed by the Smarter Balanced Assessment Consortium.

AB1-ASA1,32 Section 32. 118.30 (2) (b) 3. of the statutes is amended to read:

AB1-ASA1,23,19 118.30 (2) (b) 3. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under sub. (1m) or s. 118.301 (4).

AB1-ASA1,33 Section 33. 118.30 (2) (b) 4. of the statutes is amended to read:

AB1-ASA1,23,23 118.30 (2) (b) 4. Upon the request of a pupil's parent or guardian, the operator of a charter school under s. 118.40 (2r) shall excuse the pupil from taking an examination administered under sub. (1r) or s. 118.301 (4).

AB1-ASA1,34 Section 34. 118.30 (2) (b) 5. of the statutes is amended to read:

AB1-ASA1,24,4 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 119.23 shall excuse the pupil from taking an examination administered under sub. (1s) (a) to (cm) or s. 118.301 (4).

AB1-ASA1,35 Section 35. 118.30 (2) (b) 6. of the statutes is amended to read:

AB1-ASA1,24,9 118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 118.60 shall excuse the pupil from taking an examination administered under sub. (1t) (a) to (cm) or s. 118.301 (4).

AB1-ASA1,36 Section 36. 118.30 (5m) of the statutes is amended to read:

AB1-ASA1,24,18 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or as permitted under s. 118.301 (4), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB1-ASA1,37 Section 37. 118.30 (7) of the statutes is amended to read:

AB1-ASA1,24,23 118.30 (7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under sub. (1m) or under s. 118.301 (4) regardless of the location of the charter school.

AB1-ASA1,38 Section 38. 118.301 of the statutes is created to read:

AB1-ASA1,25,3 118.301 Alternative assessments. (1) Definition. In this section, "research center" means an entity or organization with expertise to evaluate alternative examinations.

AB1-ASA1,25,12 (2) Responsibilities of the department. Within 30 days after the effective date of this subsection .... [LRB inserts date], the department shall request from the research center a list of nationally recognized, norm-referenced alternative examinations determined by the research center to be acceptable for statistical comparison with examinations adopted or approved under s. 118.30 (1). The department shall evaluate and approve 3 of the examinations by rule. The department may approve under this subsection only those examinations that the research center has determined are consistent with the parameters identified under sub. (3).

AB1-ASA1,25,19 (3) Evaluation of alternative examinations. Within 90 days after the effective date of this subsection .... [LRB inserts date], the research center shall submit to the department a list of nationally recognized, norm-referenced alternative examinations determined by the research center to be acceptable for statistical comparison with examinations adopted or approved under s. 118.30 (1). The research center shall submit under this subsection only those examinations that are consistent with the following parameters:

AB1-ASA1,25,21 (a) The examination aligns sufficiently with content standards established for examinations adopted or approved under s. 118.30 (1).

AB1-ASA1,25,23 (b) The examination is comprised of a variety of testing methodologies, including multiple choice and short answer, to assess a range of student skills.

AB1-ASA1,25,25 (c) The examination includes accommodations or alternative assessments for students enrolled in a special education program under subch. V of ch. 115.

AB1-ASA1,26,2 (d) The examination provider makes available translations for limited-English proficient pupils, as defined in s. 115.955 (7).

AB1-ASA1,26,5 (e) The examination may be administered in a variety of modes, including with paper and pencil, in an online format, in a fixed form format, and in an adaptive format.

AB1-ASA1,26,7 (f) The examination has internal consistency reliability coefficients of at least 0.8.

AB1-ASA1,26,15 (4) Alternative examinations permitted. (a) Notwithstanding s. 118.30 (1m), (1r), (1s), and (1t), a school board, an operator of a charter school under s. 118.40 (2r), and the governing body of a private school participating in a program under s. 118.60 or 119.23 are not required to administer an examination adopted or approved by the state superintendent under s. 118.30 (1) in any grade for which an examination is required to be administered under s. 118.30 if the school board, operator, or governing body administers instead an alternative examination approved by the department under sub. (2).

AB1-ASA1,26,17 (b) If a school elects to administer in any grade an alternative examination approved by the department under sub. (2), all of the following apply:

AB1-ASA1,26,20 1. The school shall use the alternative examination for 5 consecutive school years. The school may request from the department a waiver of the requirement under this subdivision. The department may grant or deny the request.

AB1-ASA1,27,3 2. If the cost of the alternative examination exceeds the cost of the examination adopted or approved by the state superintendent under s. 118.30 (1) for that grade, the school board, operator, or governing body of the school is responsible for the difference between the cost of the examination adopted or approved by the state superintendent for that grade and the cost of the alternative examination for that grade. If the cost of the alternative examination is less than the costs of the examination adopted or approved by the state superintendent under s. 118.30 (1), the department shall pay only the cost of the less expensive examination.

AB1-ASA1,27,13 (c) If the governing body of a private school administers in any grade an alternative examination approved by the department under sub. (2), and if the cost of the alternative examination for that grade exceeds the cost of the examination adopted or approved for that grade by the state superintendent under s. 118.30 (1), the governing body may apply payments received under ss. 118.60 (4) (bg) and (4m) and 119.23 (4) (bg) and (4m) towards the difference between the costs of the alternative examinations procured for the pupils attending the private school participating in a program under s. 118.60 or 119.23 and the cost the governing body would have paid for the examination adopted or approved by the state superintendent under s. 118.30 (1).

AB1-ASA1,39 Section 39. 118.33 (6) (a) 1. of the statutes is amended to read:

AB1-ASA1,27,23 118.33 (6) (a) 1. Each school board shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (a) or (am) or 118.301 (4), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the school board. Except as provided in par. (b) 1. and 3., the criteria apply to pupils enrolled in charter schools located in the school district.

AB1-ASA1,40 Section 40. 118.33 (6) (b) 1. of the statutes is amended to read:

AB1-ASA1,28,8 118.33 (6) (b) 1. Each operator of a charter school under s. 118.40 (2r) shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1r) (a) or (am) or 118.301 (4), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the operator of the charter school.

AB1-ASA1,41 Section 41. 118.33 (6) (c) 1. of the statutes is amended to read:

AB1-ASA1,28,18 118.33 (6) (c) 1. The governing body of each private school participating in the program under s. 119.23 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 119.23 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1s) (a) or (b) or 118.301 (4), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.

AB1-ASA1,42 Section 42. 118.33 (6) (cr) 1. of the statutes is amended to read:

AB1-ASA1,29,3 118.33 (6) (cr) 1. The governing body of each private school participating in the program under s. 118.60 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 118.60 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1t) (a) or (b) or 118.301 (4), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.

AB1-ASA1,43 Section 43. 118.40 (2r) (b) 1. e. of the statutes is created to read:

AB1-ASA1,29,6 118.40 (2r) (b) 1. e. A chancellor or dean of any university or college in the University of Wisconsin System under s. 115.385 (7) (a) 2.

AB1-ASA1,44 Section 44. 118.40 (2r) (b) 1. f. of the statutes is created to read:

AB1-ASA1,29,8 118.40 (2r) (b) 1. f. A technical college district board under s. 115.385 (7) (a) 2.

AB1-ASA1,45 Section 45. 118.40 (2r) (b) 2. of the statutes is amended to read:

AB1-ASA1,29,19 118.40 (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. A contract with an entity under subd. 1. e. or f. shall include the provisions specified in s. 115.385 (7) (a) 2. d. 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.

AB1-ASA1,46 Section 46. 118.40 (2r) (bm) of the statutes is amended to read:

AB1-ASA1,30,9 118.40 (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. A chancellor or dean of any university or college in the University of Wisconsin System or a technical college district board under s. 115.385 (7) (a) 2. may establish or enter into a contract for the establishment of a charter school under this paragraph only for a public school subject to sanctions under s. 115.385 (7) (a) 2.

AB1-ASA1,47 Section 47. 118.40 (2r) (d) 2. of the statutes is amended to read:

AB1-ASA1,30,13 118.40 (2r) (d) 2. Administer the examinations under ss. s. 118.30 (1r) or 118.301 (4) and the examinations under s. 121.02 (1) (r) to pupils enrolled in charter schools under this subsection.

AB1-ASA1,48 Section 48. 118.42 of the statutes is repealed and recreated to read:

AB1-ASA1,30,18 118.42 Interventions for low-performing schools. The school board or operator of a charter school, other than a charter school established under s. 118.40 (2r), that is subject to sanctions under s. 115.385 (6) (a) shall do all of the following in the school:

AB1-ASA1,30,20 (1) Use rigorous and equitable performance evaluation systems for teachers and principals that include all of the following:

AB1-ASA1,30,25 (a) Annual performance evaluations; multiple rating categories; multiple rating criteria, including improvement in pupil academic achievement as a significant factor; observation-based performance assessments; and an up-to-date collection of professional practice materials. The school board shall ensure that improvement in pupil academic achievement is based on at least 2 measures.

AB1-ASA1,31,4 (b) A method of identifying mitigating factors, such as a high rate of pupil mobility, insufficient preparation time, insufficient paraprofessional support, insufficient professional development, and insufficient resources or support, that could affect a teacher's or principal's performance.

AB1-ASA1,31,11 (2) Adopt a policy establishing criteria for evaluating whether the distribution of teachers and principals within the affected schools relative to the distribution of teachers and principals throughout the school district, based upon their qualifications and effectiveness, is equitable. Using the criteria, the school board shall determine whether the distribution of principals and teachers is equitable. If the school board determines that the distribution is inequitable, the school board shall do all of the following:

AB1-ASA1,31,15 (a) Perform a comprehensive review of current policies and constraints that prevent low-performing schools from recruiting, placing, and retaining effective teachers and principals, and implement strategies to eliminate those policies and constraints.

AB1-ASA1,31,18 (b) Provide additional support to teachers and principals, which may include professional development that is incorporated into their work and tuition reimbursement for courses related to their professional duties.

AB1-ASA1,31,20 (3) Establish teacher and principal improvement programs that include all of the following:

AB1-ASA1,31,21 (a) Supplemental mentoring for those with emergency licenses or permits.

AB1-ASA1,31,23 (b) Opportunities to pursue other professional certifications, including certification by the National Board for Professional Teaching Standards.

AB1-ASA1,32,3 (c) Annually, at least 60 hours of professional development that is incorporated into their work. The school board shall consult with teachers and principals on the content of the professional development.

AB1-ASA1,32,5 (4) Adopt placement criteria for principals that include performance evaluations and measures of pupil academic achievement.

AB1-ASA1,49 Section 49. 118.57 of the statutes is created to read:

AB1-ASA1,32,14 118.57 Notice of educational options; accountability report grade level; pupil assessments. (1) Annually, by January 31, each school board shall publish as a class 1 notice, under ch. 985, and send by U.S. mail a letter to the parent or guardian of each child who is at least 3 years old but not yet 18 years old who resides in the school district that provides a description of the educational options available to the child, including public schools, private schools participating in a parental choice program under s. 118.60 or 119.23, charter schools, virtual schools, full-time open enrollment, youth options, and course options.

AB1-ASA1,32,21 (2) The school board shall include in the notice under sub. (1) either the most recent accountability report published under s. 115.385 (1) for each school within the school district boundaries, including charter schools established under s. 118.40 (2r) and private schools participating in a parental choice program under s. 118.60 or 119.23, or, if impractical, a summary of the accountability report accompanied by a link to the school district's Internet site where the most recent accountability report may be accessed.

AB1-ASA1,32,24 (3) Annually, by August 1, each school board shall provide the parent or guardian of each child enrolled in a public school in the school district a written summary of all of the following:

AB1-ASA1,33,2 (a) Each examination required or permitted to be administered under s. 118.30 that will be administered to pupils enrolled in a public school in the school district.

AB1-ASA1,33,4 (b) The grade level to which each examination identified under par. (a) will be administered.

AB1-ASA1,33,6 (c) The expected date on which each examination identified under par. (a) will be administered.

AB1-ASA1,33,7 (d) The duration of each examination identified under par. (a).

AB1-ASA1,33,9 (e) The instructional time required to prepare pupils for the examinations identified under par. (a).

AB1-ASA1,33,11 (f) The instructional time dedicated to administering each examination identified under par. (a).

AB1-ASA1,33,13 (g) The school district's policy regarding opting out of any examination identified under par. (a).

AB1-ASA1,50 Section 50. 118.60 (7) (e) of the statutes is amended to read:

AB1-ASA1,33,19 118.60 (7) (e) Each private school participating in the program under this section shall administer either the examinations required under s. 118.30 (1t) or the examinations permitted under s. 118.301 (4) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils.

AB1-ASA1,51 Section 51. 118.60 (10) (a) 4. of the statutes is repealed.

AB1-ASA1,52 Section 52. 119.23 (7) (e) of the statutes is amended to read:

AB1-ASA1,34,2 119.23 (7) (e) Each private school participating in the program under this section shall administer either the examinations required under s. 118.30 (1s) or the tests permitted under s. 118.301 (4) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils.

AB1-ASA1,53 Section 53. 119.23 (10) (a) 4. of the statutes is repealed.

AB1-ASA1,54 Section 54. 120.12 (13) of the statutes is created to read:

AB1-ASA1,34,7 120.12 (13) Declaration of educational standards. (a) Annually, in the month of May, convene to vote on the pupil academic standards to be adopted by the school board as required by s. 118.30 (1g) (a) 1.

AB1-ASA1,34,10 (b) Annually, include as an item on the agenda of the annual meeting a resolution to be considered by the annual meeting regarding the pupil academic standards adopted by the school board under s. 118.30 (1g) (a) 1.

AB1-ASA1,55 Section 55. 121.006 (2) (d) of the statutes is repealed.

AB1-ASA1,56 Section 56. Nonstatutory provisions.

AB1-ASA1,34,13 (1) Rules.

AB1-ASA1,34,18 (a) Submission to legislative council. The department of public instruction shall submit in proposed form the rules required under sections 115.385 (9) and 118.301 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this paragraph.

AB1-ASA1,34,22 (b) Scope statement. Notwithstanding section 227.135 (2) of the statutes, the department of public instruction is not required to present the statement of the scope of the rules required under sections 115.385 (9) and 118.301 (2) of the statutes, as created by this act, to the governor for approval.

AB1-ASA1,35,5 (c) Economic impact analysis. Notwithstanding section 227.137 (2) of the statutes, the department of public instruction is not required to prepare an economic impact report for the rules required under sections 115.385 (9) and 118.301 (2) of the statutes, as created by this act. Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the department of public instruction is not required to submit the proposed rules required under sections 115.385 (9) and 118.301 (2) of the statutes, as created by this act, to the small business regulatory review board and is not required to prepare a final regulatory flexibility analysis for those rules.

AB1-ASA1,35,9 (d) Approval of rules in final draft form. Notwithstanding section 227.185 of the statutes, the department of public instruction is not required to present the rules required under sections 115.385 (9) and 118.301 (2) of the statutes, as created by this act, in final draft form to the governor for approval.