Amendment ASA1-AB1

Step one sanctions — public schools, including independent charter schools

The school board of a school, or operator of a charter school, subject to step one sanctions must comply for three school years with the requirements for low-performing schools, described above. Under the substitute amendment, DPI must make payments to school districts for the purpose of implementing the interventions. In addition, the school board or operator of a charter school other than an independent charter school must authorize the school district administrator to act, unilaterally and on matters related to the operation and administration of the school that is subject to sanctions, contrary to policies and procedures adopted by the school board. The substitute amendment prohibits the school board from retaliating against the school district administrator for any lawful actions undertaken pursuant to this authority.

If a public school subject to step one sanctions receives a grade level of "D — Meets Few Expectations" on the third accountability report after the school becomes subject to step one sanctions, the school must comply with the step one requirements for two additional school years, and must pay for the costs of implementing the interventions.

Step one sanctions — participating private schools

A participating private school with 20 or more pupils attending the school under a PCP and subject to step one sanctions may not accept any additional pupils under a PCP, other than siblings of pupils already attending the school under a PCP, for three consecutive school years.

Step two sanctions — public schools, other than independent charter schools

If a public school, other than an independent charter school, subject to step one sanctions receives a grade level of "F — Fails to Meet Expectations" on the third accountability report after the school becomes subject to step one sanctions, the school board or operator of the charter school must take certain actions from a selection of actions. These actions include reorganizing the school, converting the school to an independent or instrumentality charter school for at least one five-year contract term, and contracting with an education management agency for at least one five-year contract term. The substitute amendment authorizes the chancellors and deans of any university or college in the University of Wisconsin System and the boards of any technical college district to establish and operate an independent charter school for a school subject to step two sanctions.

If the school board or operator of a charter school, other than an independent charter school, fails to take any of the actions on behalf of the school subject to step two sanctions within the 12 months after the school becomes subject to step two sanctions, the state superintendent must freeze the amount of state aid paid to the school district in the next school year at the amount paid in the previous school year. For each subsequent school year in which the school district fails to take any action, the state superintendent must reduce the amount of state aid paid to the school district by 1 percent.

Step two sanctions — independent charter schools

An independent charter school that receives a grade level of "F — Fails to Meet Expectations" at the end of the three-year step one sanctions period must fulfill any contractual obligations with DPI as soon as practicable. DPI must discontinue payments to the independent charter school as soon as practicable.

Step two sanctions — participating private schools

A private school that receives a grade level of "F — Fails to Meet Expectations" at the end of the three-year step one sanctions period must fulfill any contractual obligations with DPI as soon as practicable and may not accept any new pupils under a PCP for four school years. DPI must discontinue payments to the participating private school as soon as practicable.

Exiting sanctions

Under the substitute amendment, the state superintendent may release a school subject to step one sanctions if the school receives a grade level of "C — Meets Expectations" or better on an accountability report published for the school within the three-year step one sanctions period. The state superintendent may release a public school subject to step two sanctions if the school receives a grade level of "C — Meets Expectations" or better on two consecutive accountability reports. The state superintendent may release a public school that has been converted to an instrumentality charter school or an independent charter school, or that has entered into a contract with an education management agency, from exiting sanctions at the end of the five-year contract term.

notices and declarations

Under the substitute amendment, each school must provide a copy of the school's accountability report to the parent or guardian of each pupil enrolled in the school. The substitute amendment also requires each school board to annually publish as a class 1 notice and send by U.S. mail a letter to the parent or guardian of each child who resides within the school district of the educational options available to that child and the most recent accountability report published for each school within the school district. The substitute amendment requires each school board to provide the parent or guardian of each child enrolled in a public school in the school district a written summary of information about the examinations required or permitted to be administered to pupils that will be administered to pupils enrolled in a public school in the school district. Finally, the substitute amendment requires each school board to annually convene in the month of May to vote on the pupil academic standards to be adopted by the school board. The school board of a common or union high school district must include as an item on the agenda of the annual meeting a resolution to be considered regarding the pupil academic standards adopted by the school board in the month of May.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1-ASA1,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB1-ASA1,2 Section 2. 20.255 (1) (fm) of the statutes is created to read:

AB1-ASA1,7,4 20.255 (1) (fm) Statistical evaluation of alternative examinations. The amounts in the schedule to pay the costs of the entity or organization under s. 118.301.

AB1-ASA1,3 Section 3. 20.255 (2) (ca) of the statutes is created to read:

AB1-ASA1,7,7 20.255 (2) (ca) Interventions in low-performing schools. The amounts in the schedule for the purpose of implementing interventions under s. 115.385 (6) (a) 2.

AB1-ASA1,4 Section 4. 115.28 (54m) of the statutes is created to read:

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: