Amendment SA1-AB848

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AB848-SA1,3 Section 3. 20.255 (2) (fp) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB848-SA1,5 Section 5. 36.09 (2) (c) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB848-SA1,6 Section 6. 36.29 (8) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB848-SA1,7 Section 7. 36.64 of the statutes, as created by 2015 Wisconsin Act 55, is repealed.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

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: