Amendment SA1-AB848

LRBa2427/1

FFK:amn

2015 - 2016 LEGISLATURE

SENATE AMENDMENT 1, TO ASSEMBLY BILL 848

March 15, 2016 - Offered by Senators Risser, Miller, Vinehout, Harris Dodd, Ringhand, C. Larson, Carpenter, Wirch, Lassa and L. Taylor.

AB848-SA1,1,1 At the locations indicated, amend the bill as follows:

AB848-SA1,1,2 1. Page 2, line 1: before that line insert:

AB848-SA1,1,4 " Section 1. 16.99 (1d) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,1,6 16.99 (1d) "Charter school sponsor" means an entity described under s. 118.40 (2r) (b) that is sponsoring a charter school and the director under s. 118.40 (2x).

AB848-SA1,2 Section 2. 20.255 (1) (f) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,1,11 20.255 (1) (f) Assessments of reading readiness. The amounts in the schedule to provide school districts and independent charter schools under s. 118.40 (2r) and (2x) with the assessments of reading readiness under s. 118.016.

AB848-SA1,3 Section 3. 20.255 (2) (fp) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB848-SA1,5 Section 5. 36.09 (2) (c) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB848-SA1,6 Section 6. 36.29 (8) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB848-SA1,7 Section 7. 36.64 of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB848-SA1,8 Section 8. 115.001 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,2,12 115.001 (1) Charter school. "Charter school" means a school under contract with a school board under s. 118.40, or with one of the entities under s. 118.40 (2r) (b) 1., or with the director under s. 118.40 (2x), or a school established and operated by one of the entities under s. 118.40 (2r) (b) 1. a. to d.

AB848-SA1,9 Section 9. 115.34 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,2,24 115.34 (2) The state superintendent shall make payments to school districts, private schools, charter schools under s. 118.40 (2r) and (2x), tribal schools, the program under s. 115.52, and the center under s. 115.525 for school lunches served to children in the prior year as determined by the state superintendent from the appropriation under s. 20.255 (2) (cn). Payments shall equal the state's matching obligation under 42 USC 1751 et seq. Payments in the current year shall be determined by prorating the state's matching obligation based on the number of school lunches served to children in the prior year. In this subsection, " private school" means any school defined in s. 115.001 (3r) which complies with the requirements of 42 USC 2000d.

AB848-SA1,10 Section 10. 115.383 (3) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,3,6 115.383 (3) (a) If the student information system is established under sub. (1), the state superintendent shall ensure that within 5 years of the establishment of the system, every school district and every charter school, other than a charter school established under s. 118.40 (2r) or (2x), is using the system.

AB848-SA1,11 Section 11. 115.383 (3) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,3,14 115.383 (3) (b) Beginning in the 2015-16 school year, the state superintendent shall ensure that every charter school established under s. 118.40 (2r) or (2x) and every private school participating in a parental choice program under s. 118.60 or 119.23 is either using the system under sub. (1) or is using a system that is commercially available and able to obtain pupil identification numbers under sub. (5).

AB848-SA1,12 Section 12. 115.385 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,3,22 115.385 (2) Beginning with the accountability report published for the 2015-16 school year, the department shall include in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental choice 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.

AB848-SA1,13 Section 13. 115.415 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,4,8 115.415 (1) (a) The department shall develop an educator effectiveness evaluation system and an equivalency process aligned with the department's evaluation system for the evaluation of teachers and principals of public schools, including teachers and principals of a charter school established under s. 118.40 (2r) or (2x), as provided in this section. Subject to par. (b), each school board and the operator of each charter school established under s. 118.40 (2r) or (2x) shall evaluate teachers and principals in the school district or charter school beginning in the 2014-15 school year.

AB848-SA1,14 Section 14. 115.415 (2) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,4,14 115.415 (2) (intro.) The department shall develop an educator effectiveness evaluation system according to the following framework, and may charge a fee to a school district and the governing board of a charter school established under s. 118.40 (2r) or (2x) to use the system developed under this subsection:

AB848-SA1,15 Section 15. 115.415 (3) (a) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,5,3 115.415 (3) (a) (intro.) The department shall promulgate by rule an equivalency process aligned with the evaluation system established under sub. (2) for a school district, a charter school under contract with a school board that is not an instrumentality of the school district, or a charter school established under s. 118.40 (2r) or (2x) seeking to utilize an alternative process for the evaluation of teacher and principal practice. The process under this subsection shall be based on the criteria established in the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards, and a school district, charter school under contract with a school board that is not an instrumentality of the school district, or charter school established under s. 118.40 (2r) or (2x) that uses the process under this subsection shall evaluate the performance of teachers in the following domains:

AB848-SA1,16 Section 16. 115.415 (4) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,5,10 115.415 (4) From the appropriation under s. 20.255 (2) (ek), the department may award grants to school districts and the governing board of a charter school established under s. 118.40 (2r) or (2x) to implement an educator effectiveness evaluation system developed under sub. (2) or an equivalency process established by rule under sub. (3).

AB848-SA1,17 Section 17. 115.775 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,5,15 115.775 (1) Except as provided in sub. (2), an operator of a charter school under s. 118.40 (2r) or (2x) is a local educational agency, as defined in 20 USC 1401 (19), and shall comply with 20 USC 1400 to 1482.

AB848-SA1,18 Section 18. 115.775 (2) of the statutes is amended to read:

AB848-SA1,5,21 115.775 (2) The board of directors of the school district operating under ch. 119 is a local educational agency under this section and shall comply with 20 USC 1400 to 1482 if the board of directors enters into a written agreement with an operator of a charter school under s. 118.40 (2r) or (2x) under which the board of directors agrees to serve as the local educational agency.

AB848-SA1,19 Section 19. 115.88 (1m) (am) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,6,12 115.88 (1m) (am) Subject to par. (b), if the operator of a charter school established under s. 118.40 (2r) or (2x) operates a special education program and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for salaries of full-time or part-time licensed teachers, licensed coordinators of special education, school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel, as determined by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The state superintendent may audit costs under this paragraph and adjust reimbursement to cover only actual, eligible costs.

AB848-SA1,20 Section 20. 115.88 (2m) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,6,25 115.88 (2m) Other transportation aid. If the operator of a charter school established under s. 118.40 (2r) or (2x) or established as a noninstrumentality charter school under s. 118.40 (2m) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.

AB848-SA1,21 Section 21. 115.88 (9) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,7,7 115.88 (9) Distribution schedule. Each county, cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x) and school district entitled to state aid under this section shall receive 15% of its total aid entitlement in each month from November to March and 25% of its total entitlement in June.

AB848-SA1,22 Section 22. 115.881 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,7,16 115.881 (1) A school board, board of control of a cooperative educational service agency, county children with disabilities education board, or operator of a charter school established under s. 118.40 (2r) or (2x) may apply to the department for aid under this section if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs were not eligible for reimbursement under s. 115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal medicaid.

AB848-SA1,23 Section 23. 115.997 (2) (h) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,7,20 115.997 (2) (h) "Local education agency" means a school district or the operator of a charter school under s. 118.40 (2r) or (2x).

AB848-SA1,24 Section 24. 118.016 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,8,4 118.016 (1) (a) In the 2014–15 and 2015-16 school years, each school board and the operator of each charter school established under s. 118.40 (2r) or (2x) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade in the school district or in the charter school for reading readiness. The department shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge.

AB848-SA1,25 Section 25. 118.016 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,8,14 118.016 (1) (b) Beginning in the 2016-17 school year, each school board and the operator of each charter school established under s. 118.40 (2r) or (2x) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the school board or operator, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade in the school district or in the charter school for reading readiness. The school board or operator shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge. A school board or operator may administer computer adaptive assessments.

AB848-SA1,26 Section 26. 118.016 (1g) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,8,19 118.016 (1g) If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or operator of the charter school under s. 118.40 (2r) or (2x) shall comply with s. 115.77 (1m) (bg).

AB848-SA1,27 Section 27. 118.035 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,8,23 118.035 (1) In this section, "school" means a public school and includes a charter school other than a charter school under s. 118.40 (2r) or (2x).

AB848-SA1,28 Section 28. 118.076 (2) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,9,4 118.076 (2) (intro.) Beginning in the 2011-12 school year, each school board operating high school grades, the operator of each charter school established under s. 118.40 (2r) or (2x) that operates high school grades, and the governing body of each private school that operates high school grades shall do all of the following:

AB848-SA1,29 Section 29. 118.30 (1g) (a) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,9,12 118.30 (1g) (a) 2. By January 1, 2000, or by January 1 of the 1st school year of operation, whichever is later, each operator of a charter school under s. 118.40 (2r) or (2x) shall adopt pupil academic standards in mathematics, science, reading and writing, geography and history. The operator of the charter school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

AB848-SA1,30 Section 30. 118.30 (1g) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,9,21 118.30 (1g) (c) Each school board operating elementary grades and each operator of a charter school under s. 118.40 (2r) or (2x) that operates elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board or operator of the charter school develops or adopts an examination under this paragraph, it shall notify the department.

AB848-SA1,31 Section 31. 118.30 (1r) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,9,25 118.30 (1r) (intro.) Annually the operator of each charter school under s. 118.40 (2r) or (2x) shall do all of the following:

AB848-SA1,32 Section 32. 118.30 (2) (b) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,10,7 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board, operator of the charter school under s. 118.40 (2r) or (2x), governing body of the private school participating in the program under s. 118.60, or governing body of the private school participating in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).

AB848-SA1,33 Section 33. 118.30 (2) (b) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,10,17 118.30 (2) (b) 2. According to criteria established by the state superintendent by rule, the school board, operator of the charter school under s. 118.40 (2r) or (2x), governing body of the private school participating in the program under s. 118.60, or governing body of the private school participating in the program under s. 119.23 may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language, or may modify the format and administration of an examination for such pupils.

AB848-SA1,34 Section 34. 118.30 (2) (b) 4. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,10,22 118.30 (2) (b) 4. Upon the request of a pupil's parent or guardian, the operator of a charter school under s. 118.40 (2r) or (2x) shall excuse the pupil from taking an examination administered under sub. (1r) or s. 118.301 (3).