Amendment SSA1-SB21

SB21-SSA1,1022,2 118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a contract with a school board, 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.

SB21-SSA1,1022,5 2. A charter school shall give preference in enrollment to pupils who were enrolled in the charter school in the previous school year and to siblings of pupils who are enrolled in the charter school.

SB21-SSA1,1022,9 3. A charter school may give preference in enrollment to the children of the charter school's founders, governing board members, and full-time employees, but the total number of such children given preference may constitute no more than 10 percent of the charter school's total enrollment.

SB21-SSA1,3291 Section 3291. 118.40 (3m) (intro.) of the statutes is created to read:

SB21-SSA1,1022,12 118.40 (3m) Authorizing entity duties. (intro.) A school board, an entity under sub. (2r) (b), and the director under sub. (2x) shall do all of the following:

SB21-SSA1,3292 Section 3292. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:

SB21-SSA1,1022,14 118.40 (3m) (a) Solicit and evaluate charter school applications.

SB21-SSA1,1022,16 (d) Approve only high-quality charter school applications that meet identified educational needs and promote a diversity of educational choices.

SB21-SSA1,1022,19 (e) In accordance with the terms of each charter school contract, monitor the performance and compliance with this section of each charter school with which it contracts.

SB21-SSA1,1022,21 (f) Annually, submit to the state superintendent and to the legislature under s. 13.172 (2) a report that includes all of the following:

SB21-SSA1,1022,25 1. An identification of each charter school operating under contract with it, each charter school that operated under a contract with it but had its contract nonrenewed or revoked or that closed, and each charter school under contract with it that has not yet begun to operate.

SB21-SSA1,1023,2 2. The academic and financial performance of each charter school operated under contract with it.

SB21-SSA1,1023,5 3. The operating costs the school board, 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.

SB21-SSA1,1023,8 4. The services the school board, 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.

SB21-SSA1,3294 Section 3294. 118.40 (4) (title) of the statutes is amended to read:

SB21-SSA1,1023,11 118.40 (4) (title) Charter school governing board; duties, powers, and restrictions.

SB21-SSA1,3295 Section 3295. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and 118.40 (4) (ar) (intro.), as renumbered, is amended to read:

SB21-SSA1,1023,15 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of the following:

SB21-SSA1,3296 Section 3296. 118.40 (4) (ag) of the statutes is created to read:

SB21-SSA1,1023,21 118.40 (4) (ag) Governing board. Each charter school shall be governed by a governing board that is a party to the contract with the authorizing entity. No more than a minority of the governing board's members may be employees of the charter school or employees or officers of the school district in which the charter school is located.

SB21-SSA1,3297 Section 3297. 118.40 (4) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,1023,24 118.40 (4) (b) Restrictions. (intro.) A charter school governing board may not do any of the following:

SB21-SSA1,3298 Section 3298. 118.40 (4) (b) 2. of the statutes is amended to read:

SB21-SSA1,1024,4 118.40 (4) (b) 2. Except as provided in par. (c) sub. (3) (h), discriminate in admission or deny participation in any program or activity on the basis of a person's sex, race, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.

SB21-SSA1,3299 Section 3299. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and amended to read:

SB21-SSA1,1024,13 118.40 (3) (h) Single-sex schools and courses. A school board may enter into a contract for, and, an entity under sub. (2r) , or the director under sub. (2x) may establish or enter into a 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.

SB21-SSA1,3300 Section 3300. 118.40 (4) (d) of the statutes is created to read:

SB21-SSA1,1024,17 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school governing board has all the powers necessary to carry out the terms of its contract, including all of the following:

SB21-SSA1,1024,18 1. To receive and disburse funds for school purposes.

SB21-SSA1,1024,19 2. To secure appropriate insurance.

SB21-SSA1,1024,23 3. To enter into contracts, including contracts with a University of Wisconsin institution or college campus, technical college district board, or private college or university, for technical or financial assistance, academic support, curriculum review, or other services.

SB21-SSA1,1024,24 4. To incur debt in reasonable anticipation of the receipt of funds.

SB21-SSA1,1025,2 5. To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

SB21-SSA1,1025,3 6. To solicit and accept gifts or grants for school purposes.

SB21-SSA1,1025,4 7. To acquire real property for its use.

SB21-SSA1,1025,5 8. To sue and be sued in its own name.

SB21-SSA1,3300g Section 3300g. 118.40 (5) (intro.) of the statutes is amended to read:

SB21-SSA1,1025,10 118.40 (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:

SB21-SSA1,3300k Section 3300k. 118.40 (5) (a) of the statutes is amended to read:

SB21-SSA1,1025,13 118.40 (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).

SB21-SSA1,3300v Section 3300v. 118.40 (7) (am) 2. of the statutes is amended to read:

SB21-SSA1,1025,23 118.40 (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.

SB21-SSA1,3302 Section 3302. 118.43 (1) (b) of the statutes is amended to read:

SB21-SSA1,1026,3 118.43 (1) (b) "Low income" means the measure of low income that is used by the school district under 20 USC 2723 pupils who satisfy the income eligibility criteria under 42 USC 1758 (b) (1).

SB21-SSA1,3303 Section 3303. 118.50 of the statutes is created to read:

SB21-SSA1,1026,11 118.50 Whole grade sharing. (1) Agreement. The school boards of 2 or more school districts may enter into a whole grade sharing agreement that provides for all or a substantial portion of the pupils enrolled in one or more grades, including 4-year-old and 5-year-old kindergarten and prekindergarten classes, in any of the school districts to attend school in one or more of the other school districts for all or a substantial portion of a school day. School boards shall include in a whole grade sharing agreement all of the following:

SB21-SSA1,1026,13 (a) The term of the agreement, which shall be for one or more entire school years.

SB21-SSA1,1026,15 (am) The date by which each school board must notify the other participating school boards of its intent to renew the agreement.

SB21-SSA1,1026,16 (b) The grade levels in each school district that are subject to the agreement.

SB21-SSA1,1026,19 (c) Subject to sub. (2m), the annual amount that the school board of a pupil's resident school district pays to the school board of the school district that the pupil attends under the agreement.

SB21-SSA1,1026,22 (d) Which school board grants diplomas to pupils who, under the agreement, graduate from high school in a school district other than the pupil's resident school district.

SB21-SSA1,1026,25 (e) Which school board is responsible for pupil records, as defined in s. 118.125 (1) (d), for pupils, who under the agreement, attend school in a school district other than the pupil's resident school district.

SB21-SSA1,1027,3 (2) Procedure. (a) A school board may not enter into, extend, or renew a whole grade sharing agreement after January 10 of the school year preceding the school year in which the agreement, extension, or renewal takes effect.

SB21-SSA1,1027,9 (b) At least 150 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall adopt a resolution stating its intention to do so. Within 10 days after adoption of the resolution, the school district clerk shall publish notice of the adoption of the resolution as a class 1 notice under ch. 985 in a newspaper published in the school district or post a notice of the adoption of the resolution as provided in s. 10.05.

SB21-SSA1,1027,17 (c) Within 30 days after publication or posting, a petition signed by at least 20 percent of the electors residing in the school district may be filed with the school board requesting a feasibility study of the agreement. Upon receiving the petition, the school board shall contract with an organization approved by the department to conduct the feasibility study. If a feasibility study is required under this paragraph, the school board may not enter into, extend, or renew a whole grade sharing agreement until it receives the results of the study. The school board shall post the results of the feasibility study on the school district's Internet site.

SB21-SSA1,1027,22 (d) At least 30 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall hold a public hearing in the school district at which the proposed agreement is described and at which any school district elector may comment on the proposed agreement. Two or more school boards that will be parties to the agreement may hold a joint public hearing in one of the school districts.

SB21-SSA1,1027,25 (e) No later than 10 days after entering into, extending, or renewing a whole grade sharing agreement, the school district clerk shall file with the state superintendent a certified copy of the whole grade sharing agreement.

SB21-SSA1,1028,5 (2m) Pupils with disabilities. (a) Under a whole grade sharing agreement, for each pupil with an individualized education program that is in effect, the school board of the school district in which the pupil resides shall pay the school board of the nonresident school district in which the pupil attends school under the whole grade sharing agreement the following amount:

SB21-SSA1,1028,6 1. In the 2016-17 school year, $12,000.

SB21-SSA1,1028,12 2. Beginning in the 2017-18 school year, the sum of the per pupil amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

SB21-SSA1,1028,18 (b) If a pupil with an individualized education program that is in effect attends school in a nonresident school district under a whole grade sharing agreement for less than a full school term, the resident school board shall prorate the payment amount under par. (a) based on the number of days that school is in session during that school term and number of days the pupil attends school in the nonresident school district during that school term.

SB21-SSA1,1028,22 (3) Transportation. (a) A pupil's resident school board is responsible for transporting the pupil to and from the school the pupil attends during the school term under a whole grade sharing agreement, unless the whole grade sharing agreement provides otherwise.

SB21-SSA1,1028,25 (b) 1. Subject to subd. 2., a whole grade sharing agreement shall specify which participating school board is responsible for transporting pupils to attend summer school classes.

SB21-SSA1,1029,5 2. If a school board provides transportation to attend summer school classes in the school district to pupils who reside in the school district, the school board shall provide transportation to attend summer school classes in the school district to pupils who do not reside in the school district who are attending summer school classes in the school district under a whole grade sharing agreement.

SB21-SSA1,1029,8 (c) If, under a whole grade sharing agreement, a school board provides transportation for fewer than all pupils, there shall be reasonable uniformity in the minimum and maximum distances pupils are transported.

SB21-SSA1,1029,12 (4) Attendance areas. If a school board enters into a whole grade sharing agreement that designates more than one school district for the attendance of its pupils, the school board shall establish attendance areas within the school district for determining the school districts of attendance of the pupils.

SB21-SSA1,1029,17 (5) Rights and privileges of nonresident pupils; participation in programs. (a) Except as provided in s. 118.134 (3m), a pupil attending a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.

SB21-SSA1,1029,21 (b) A pupil attending a public school in a nonresident school district under this section is considered a resident of the nonresident school district for the purposes of participating in programs of a cooperative educational service agency or a county children with disabilities education board.

SB21-SSA1,1030,4 (6) Full-time open enrollment in a participating nonresident school district. If a whole grade sharing agreement provides for a pupil to attend a grade in a nonresident school district in which the pupil is attending school under s. 118.51, the pupil's status as a pupil attending the nonresident school district under s. 118.51 is suspended for the school year the pupil is enrolled in the grade that is subject to the whole grade sharing agreement. This subsection does not prevent a pupil from continuing to attend the nonresident school district in succeeding school years without reapplying, as provided under s. 118.51 (3) (c).

SB21-SSA1,1030,6 (7) School district reorganization. A whole grade sharing agreement entered into under this section is not an order of school district reorganization under ch. 117.

SB21-SSA1,1030,8 (8) The department may promulgate rules to implement and administer this section.

SB21-SSA1,3304 Section 3304. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ag).

SB21-SSA1,3305 Section 3305. 118.51 (1) (ad) of the statutes is created to read:

SB21-SSA1,1030,12 118.51 (1) (ad) "Charter school" excludes a school under contract with an entity under s. 118.40 (2r) (b) or the director under s. 118.40 (2x).

SB21-SSA1,3306 Section 3306. 118.51 (2) of the statutes is amended to read:

SB21-SSA1,1030,21 118.51 (2) Applicability. A Except as provided in s. 118.50 (6), a pupil may attend a public school, including a charter school, prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.

SB21-SSA1,3306e Section 3306e. 118.51 (3) (a) 4. of the statutes is amended to read:

SB21-SSA1,1031,3 118.51 (3) (a) 4. On or before the 2nd Friday following the first Monday in June following receipt of a copy of the application, if a resident school board denies a pupil's enrollment in a nonresident school district under sub. (6), or (7) or (12) (b) 1., the resident school board shall notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the denial.

SB21-SSA1,3306g Section 3306g. 118.51 (3m) (d) (intro.) and 1. of the statutes are consolidated, renumbered 118.51 (3m) (d) and amended to read:

SB21-SSA1,1031,10 118.51 (3m) (d) A resident school district may notify an applicant under par. (a) that the pupil may not attend a school or program in the nonresident school district only for the following reasons: 1. The if the resident school district determines that the criteria relied on by the applicant under par. (b) does not apply to the pupil.

SB21-SSA1,3306h Section 3306h. 118.51 (3m) (d) 2. of the statutes is repealed.

SB21-SSA1,3306m Section 3306m. 118.51 (9) of the statutes is amended to read:

SB21-SSA1,1031,25 118.51 (9) Appeal of rejection. If the nonresident school board rejects an application under sub. (3) (a) or (7), the resident school board prohibits a pupil from attending public school in a nonresident school district under sub. (3m) (d), (6), or (7) or (12) (b) 1., or the nonresident school board prohibits a pupil from attending public school in the nonresident school district under sub. (11), the pupil's parent may appeal the decision to the department within 30 days after the decision. If the nonresident school board provides notice that the special education or related service is not available under sub. (12) (a), the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. If the resident school board provides notice of transfer under sub. (12) (b) 2., the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable.

SB21-SSA1,3306p Section 3306p. 118.51 (12) (a) of the statutes is renumbered 118.51 (12).

SB21-SSA1,3306r Section 3306r. 118.51 (12) (am) of the statutes is repealed.

SB21-SSA1,3306t Section 3306t. 118.51 (12) (b) of the statutes is repealed.

SB21-SSA1,3307 Section 3307. 118.51 (14) (b) of the statutes is amended to read:

SB21-SSA1,1032,22 118.51 (14) (b) Low-income assistance. The parent of a pupil who is eligible satisfies the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1) and who will be attending public school in a nonresident school district in the following school year under this section may apply to the department, on the form prepared under sub. (15) (a), for the reimbursement of costs incurred by the parent for the transportation of the pupil to and from the pupil's residence and the school that the pupil will be attending. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The reimbursement amount may not exceed the actual transportation costs incurred by the parent or 3 times the statewide average per pupil transportation costs, whichever is less. If the appropriation under s. 20.255 (2) (cy) in any one year is insufficient to pay the full amount of approved claims under this paragraph, payments shall be prorated among the parents entitled thereto. By the 2nd Friday following the first Monday in May following receipt of the parent's application under sub. (3) (a), the department shall provide to each parent requesting reimbursement under this paragraph an estimate of the amount of reimbursement that the parent will receive if the pupil attends public school in the nonresident school district in the following school year.

SB21-SSA1,3307p Section 3307p. 118.51 (16) (a) 1. of the statutes is amended to read: