Amendment SA1-AB848

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).

AB848-SA1,35 Section 35. 118.30 (6) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,11,11 118.30 (6) A school board and an operator of a charter school under s. 118.40 (2r) or (2x) is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) or authorized under s. 118.301 (3) if the school board or the operator of the charter school administers its own 4th and 8th grade examinations, the school board or operator of the charter school submits the examination results to the University of Wisconsin-Madison Value-Added Research Center to conduct statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1), the University of Wisconsin-Madison Value-Added Research Center provides the statistical correlations to the state superintendent, and the federal department of education approves.

AB848-SA1,36 Section 36. 118.301 (3) (b) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,11,24 118.301 (3) (b) Notwithstanding s. 118.30 (1r), beginning in the first full school year following the date on which the research center submitted the list of approved examinations to the department under sub. (2) (a), an operator of a charter school under s. 118.40 (2r) or (2x) is 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 operator administers in that grade an alternative examination approved by the research center under sub. (2). If the operator of the charter school elects to administer an alternative examination under this paragraph, the operator shall notify the department of its intent to administer the examination and shall publish that fact and information about the examination on the school's Internet site.

AB848-SA1,37 Section 37. 118.301 (4) (a) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,12,7 118.301 (4) (a) If a school board, an operator of a charter school under s. 118.40 (2r) or (2x), or the governing body of a private school participating in a program under s. 118.60 or 119.23 administers an alternative examination under sub. (3), the school board, operator, or governing body shall submit the examination results to the research center.

AB848-SA1,38 Section 38. 118.33 (1) (f) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,12,18 118.33 (1) (f) 2. The operator of a charter school under s. 118.40 (2r) or (2x) that operates high school grades and an individual or group or a person that, pursuant to s. 115.999 (3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 and that operates high school grades shall develop and periodically review and revise a policy specifying criteria for granting a high school diploma. The criteria shall include the pupil's academic performance, successful completion of the civics test under sub. (1m) (a), and the recommendations of teachers.

AB848-SA1,39 Section 39. 118.33 (1) (f) 3. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,13,14 118.33 (1) (f) 3. Neither a school board nor an operator of a charter school under s. 118.40 (2r) or (2x) nor an individual or group or person that, pursuant to s. 115.999 (3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2. Neither the governing body of a private school participating in the program under s. 119.23 nor a governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may grant a high school diploma to any pupil attending the private school under s. 119.23 or the school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2m. The governing body of a private school participating in the program under s. 118.60 may not grant a high school diploma to any pupil attending the private school under s. 118.60 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2r.

AB848-SA1,40 Section 40. 118.33 (1m) (a) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,13,25 118.33 (1m) (a) 1. Beginning in the 2016-17 school year, no school board, operator of a charter school under s. 118.40 (2r) or (2x), or governing body of a private school participating in a program under s. 118.60 or 119.23 may, except as provided in subd. 2. and subject to the policies under sub. (2) (m), grant a high school diploma to any pupil unless the pupil takes, during the high school grades, a civics test comprised of 100 questions that are identical to the 100 questions that may be asked of an individual during the process of applying for U.S. citizenship by the United States Citizenship and Immigration Services and the pupil correctly answers at least 60 of those questions.

AB848-SA1,42 Section 42. 118.33 (1m) (a) 2. a. of the statutes, as affected by 2015 Wisconsin Act 212, is amended to read:

AB848-SA1,14,9 118.33 (1m) (a) 2. a. Except as provided in subd. 2. b., a school board, operator of a charter school under s. 118.40 (2r) or (2x), and governing body of a private school participating in a program under s. 118.60 or 119.23 shall require a pupil for whom an individualized education program under s. 115.787 is in effect and a parentally placed child with a disability, as defined in 34 CFR 300.130, to complete the civics test described under subd. 1. but may not condition graduation on the successful completion of the test.

AB848-SA1,43 Section 43. 118.33 (1m) (a) 2. b. of the statutes, as created by 2015 Wisconsin Act 212, is amended to read:

AB848-SA1,14,18 118.33 (1m) (a) 2. b. If a pupil's individualized education program under s. 115.787 or a services plan, as defined in 34 CFR 300.37, includes a statement that it is not appropriate to administer the civics test under subd. 1. to the pupil, a school board, operator of a charter school under s. 118.40 (2r) or (2x), and governing body of a private school participating in a program under s. 118.60 or 119.23 may not make completion of the civics test described under subd. 1. a condition of graduation for that pupil.

AB848-SA1,44 Section 44. 118.33 (1m) (a) 3. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,14,25 118.33 (1m) (a) 3. A school board, operator of a charter school under s. 118.40 (2r) or (2x), and governing body of a private school participating in a program under s. 118.60 or 119.23 shall permit a limited-English proficient pupil, as defined in s. 115.955 (7), to take the civics test described under subd. 1. in the pupil's language of choice.

AB848-SA1,45 Section 45. 118.33 (1m) (b) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,15,6 118.33 (1m) (b) A school board, operator of a charter school under s. 118.40 (2r) or (2x), and governing body of a private school participating in a program under s. 118.60 or 119.23 may determine the format of the civics test required under this subsection and when in the school year to administer the test.

AB848-SA1,46 Section 46. 118.33 (6) (b) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,15,16 118.33 (6) (b) 1. Each operator of a charter school under s. 118.40 (2r) or (2x) 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 s. 118.301 (3), 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.

AB848-SA1,47 Section 47. 118.33 (6) (b) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,15,23 118.33 (6) (b) 2. Beginning on September 1, 2002, an operator of a charter school under s. 118.40 (2r) or (2x) may not promote a 4th grade pupil to the 5th grade, and may not promote an 8th grade pupil to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the charter school operator's policy under subd. 1.

AB848-SA1,48 Section 48. 118.33 (6) (cm) 4. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,16,7 118.33 (6) (cm) 4. Except as provided in subds. 5. and 6., beginning on September 1, 2011, the operator of a charter school under s. 118.40 (2r) or (2x) may not enroll a child in the first grade in the school unless the child has completed 5-year-old kindergarten. Each operator of a charter school under s. 118.40 (2r) or (2x) that operates a 5-year-old kindergarten program shall adopt a written policy specifying the criteria for promoting a pupil from 5-year-old kindergarten to the first grade.

AB848-SA1,49 Section 49. 118.33 (6) (cm) 5. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,16,15 118.33 (6) (cm) 5. Each operator of a charter school under s. 118.40 (2r) or (2x) that operates a 5-year-old kindergarten program shall establish procedures, conditions, and standards for exempting a child from the requirement that the child complete kindergarten as a prerequisite to enrollment in the first grade and for reviewing the denial of an exemption upon the request of the pupil's parent or guardian.

AB848-SA1,50 Section 50. 118.33 (6) (cm) 6. (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,16,22 118.33 (6) (cm) 6. (intro.) The operator of a charter school under s. 118.40 (2r) or (2x) that operates a 5-year-old kindergarten program shall enroll in the first grade a child who has not completed kindergarten but who is otherwise eligible to be admitted to and to enroll in first grade as a new or continuing pupil at the time the child moves into this state if one of the following applies:

AB848-SA1,51 Section 51. 118.40 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,17,6 118.40 (1) Notice to state superintendent. Whenever a school board intends to establish a charter school, it shall notify the state superintendent of its intention. Whenever one of the entities under sub. (2r) (b) or the director under sub. (2x) intends to establish a charter school, it shall notify the state superintendent of its intention by February 1 of the previous school year. A notice under this subsection shall include a description of the proposed school.

AB848-SA1,52 Section 52. 118.40 (2x) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB848-SA1,53 Section 53. 118.40 (3) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,17,14 118.40 (3) (b) A contract under par. (a) or under sub. (2m), or (2r), or (2x) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid to the charter school during each school year of the contract.

AB848-SA1,54 Section 54. 118.40 (3) (f) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,17,21 118.40 (3) (f) A contract with a school board , or an entity under sub. (2r) (b), or the director under sub. (2x) may provide for the establishment of more than one charter school, and a charter school governing board may enter into more than one contract with a school board, or an entity under sub. (2r) (b), or the director under sub. (2x).

AB848-SA1,55 Section 55. 118.40 (3) (g) 1. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,18,2 118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a contract with a school board, or an entity under sub. (2r) (b), or the director under sub. (2x) shall require that if the capacity of the charter school is insufficient to accept all pupils who apply, the charter school shall accept pupils at random.

AB848-SA1,56 Section 56. 118.40 (3) (h) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,18,10 118.40 (3) (h) A school board, or an entity under sub. (2r), or the director under sub. (2x) may contract for the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board, or entity under sub. (2r), or the director under sub. (2x) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.

AB848-SA1,57 Section 57. 118.40 (3m) (intro.) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,18,14 118.40 (3m) Authorizing entity duties. (intro.) A school board, and an entity under sub. (2r) (b), and the director under sub. (2x) shall do all of the following:

AB848-SA1,58 Section 58. 118.40 (3m) (f) 3. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,18,20 118.40 (3m) (f) 3. The operating costs the school board, or entity under sub. (2r) (b), or director under sub. (2x) incurred under pars. (a) to (e), detailed in an audited financial statement prepared in accordance with generally accepted accounting principles.

AB848-SA1,59 Section 59. 118.40 (3m) (f) 4. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,18,25 118.40 (3m) (f) 4. The services the school board , or entity under sub. (2r) (b), or director under sub. (2x) provided to the charter schools under contract with it and an itemized accounting of the cost of the services.

AB848-SA1,60 Section 60. 118.40 (5) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,19,6 118.40 (5) Charter revocation. (intro.) A charter may be revoked by the school board, or the entity under sub. (2r) (b), or the director under (2x) that contracted with the charter school if the school board or, if applicable, the entity under sub. (2r) (b) or the director under sub. (2x) finds that any of the following occurred:

AB848-SA1,61 Section 61. 118.40 (5) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,19,10 118.40 (5) (a) The charter school violated its contract with the school board, or the entity under sub. (2r) (b), or the director under sub. (2x).

AB848-SA1,62 Section 62. 118.40 (7) (am) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB848-SA1,19,21 118.40 (7) (am) 2. A charter school established under sub. (2r) or (2x) or a private school located in the school district operating under ch. 119 that is converted to a charter school is not an instrumentality of any school district and no school board may employ any personnel for the charter school. If the chancellor of the University of Wisconsin-Parkside contracts for the establishment of a charter school under sub. (2r), the board of regents of the University of Wisconsin System may employ instructional staff for the charter school. If the Gateway technical college district board contracts for the establishment of a charter school under sub. (2r), Gateway technical college may employ instructional staff for the charter school.

AB848-SA1,63 Section 63. 118.51 (1) (ad) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read: