Amendment SSA1-SB21

SB21-SSA1,1102,17 (16) Random selection. If the commissioner or any entity operating and managing a school transferred to the program under this subchapter establishes an application process through which pupils may apply to attend a school transferred to the program under this subchapter, establish and utilize, and ensure that the entity utilizes, a random selection process for the admission of pupils to the school when the number of applicants exceeds the number of seats in the school.

SB21-SSA1,1102,22 119.9003 Commissioner; powers. (1) Generally. The commissioner may do all things reasonable to promote the cause of education in schools transferred to the opportunity schools and partnership program, including establishing, providing, and improving school district programs, functions, and activities for the benefit of pupils.

SB21-SSA1,1102,25 (2) Council; intergovernmental cooperation. (a) The commissioner may establish a council to advise the commissioner in the fulfillment of his or her duties under this subchapter.

SB21-SSA1,1103,3 (b) The commissioner may enter into a contract for cooperative action with a municipality under s. 66.0301. In this subsection, "municipality" has the meaning given in s. 66.0301 (1).

SB21-SSA1,1103,8 (3) Rules. The commissioner may adopt and modify or repeal rules for the operation of the opportunity schools and partnership program and for the organization, discipline, and management of the public schools transferred to the program which shall promote the good order and public usefulness of the public schools.

SB21-SSA1,1103,10 (4) Use of vacant and underutilized school buildings; contract with eligible operator. (a) In this subsection:

SB21-SSA1,1103,11 1. "Education operator" has the meaning given in s. 119.61 (1) (a).

SB21-SSA1,1103,12 2. "Underutilized school building" has the meaning given in s. 119.61 (1) (c).

SB21-SSA1,1103,14 (b) The commissioner may proceed under s. 119.61 (3) (a) to become an agent of the board on a lease in a vacant or underutilized school building.

SB21-SSA1,1103,20 (c) The commissioner may enter into a lease with an education operator to operate a school in a vacant or underutilized school building obtained by the commissioner in the manner provided under s. 119.61 (3) (a). The commissioner shall count a school operated by an education operator under this paragraph towards the limit on schools in the opportunity schools and partnership program under s. 119.9002 (a), but not for purposes of performance benchmarking.

SB21-SSA1,1104,2 (5) Participation fee. Beginning in the 2017-18 school year, the commissioner may charge to an individual or group under s. 119.9002 (3) (a), to a person under s. 119.9002 (3) (b), and to a governing body of a private school under s. 119.9002 (3) (c) a fee of up to 3 percent of the per pupil payment paid to the individual or group, person, and governing body under s. 119.9005 (2) to participate in the opportunity schools and partnership program. The fee revenue generated under this subsection may not exceed $750,000 in any given year.

SB21-SSA1,1104,5 (6) Distribution of printed proceedings. The commissioner may determine the distribution of the printed proceedings of public meetings held by the commissioner.

SB21-SSA1,1104,7 (7) Insurance. The commissioner may provide for accident insurance covering pupils in any school transferred to the opportunity schools and partnership program.

SB21-SSA1,1104,15 (8) Textbooks for indigent pupils. The commissioner may purchase textbooks for pupils whose parents, guardians, or other persons having control or custody of such pupils are without means to furnish them with textbooks if the indigency of such pupils has been investigated and certified by a welfare worker or attendance officer. The local governmental authority administering poor relief in the city shall reimburse the commissioner for all expenditures by the commissioner for such textbooks. Such textbooks shall be the property of the city and subject to the disposal of the commissioner.

SB21-SSA1,1104,20 (9) School calendar. The commissioner may determine the school calendar and vacation periods for each school year for the regular day schools, summer schools, social centers, and playgrounds transferred to the opportunity schools and partnership program. The commissioner may close any school or dismiss any class in the event of an emergency, fire or other casualty, quarantine, or epidemic.

SB21-SSA1,1104,24 (10) School hours. The commissioner may establish rules scheduling the hours of each school day during which the schools transferred to the opportunity schools and partnership program shall be in session. The commissioner may differentiate between the various grades in scheduling such school hours.

SB21-SSA1,1105,5 (11) Schools closed. The commissioner may determine on which national, state, and local legal holidays and for which educational conventions the schools transferred to the opportunity schools and partnership program shall be closed. There shall be no deductions from the annual or monthly compensation of employees not rendering services on such days.

SB21-SSA1,1105,8 (12) Enrollment under legal name. The commissioner may require that any pupil attending a school transferred to the opportunity schools and partnership program shall be enrolled under the pupil's legal name.

SB21-SSA1,1105,12 (13) Employees; bonded officers and employees. (a) The commissioner may employ and determine the qualifications, duties, and compensation of any other persons as are required in the operation and management of schools transferred to the opportunity schools and partnership program.

SB21-SSA1,1105,17 (b) The commissioner may require any officer or employee of the commissioner and in a school transferred to the opportunity schools and partnership program to give security for the faithful performance of the officer's or employee's duties in such form and amount as the commissioner determines, and may require at any time additional bonds and sureties of any officer or employee.

SB21-SSA1,1105,23 (14) Sales and charges. The commissioner may establish and maintain, in any of the schools or playgrounds transferred to the opportunity schools and partnership program, cafeterias and stores for the sale of schoolbooks, candies, refreshments, and supplies. The commissioner also may charge or permit the making of a charge for admission to any school or athletic entertainment or activity, under such terms and conditions as the commissioner prescribes.

SB21-SSA1,1106,4 (15) Gifts and grants. (a) In this subsection, "community foundation" means a charitable organization, described in section 501 (c) (3) of the Internal Revenue Code and exempt from federal income tax under section 501 (a) of the Internal Revenue Code, dedicated to encouraging and assisting charitable activities and enterprises in a designated community in this state and having expertise in finance, fund development, and grantmaking.

SB21-SSA1,1106,14 (b) The commissioner may receive, accept, and use gifts or grants of furniture, books, equipment, supplies, moneys, securities, or other property used or useful for school and educational purposes. The commissioner shall make such use of gifts or grants, or invest the same in the case of moneys, as the donor or grantor specifies. In the absence of any specific direction as to the use of such gifts or grants by a donor or grantor, the commissioner may determine the use of or may invest the same in accordance with the law applicable to trust investments, or may, subject to par. (c), transfer any such gift or grant to a community foundation. In the use, control, or investment of such gifts or grants, the commissioner may exercise the rights and powers generally conferred upon trustees.

SB21-SSA1,1106,17 (c) The commissioner may transfer a gift or grant to a community foundation only if the commissioner and the community foundation agree, in writing and at the time of the transfer of the gift or grant, to each of the following:

SB21-SSA1,1106,19 1. The community foundation agrees to make disbursements from and of the gift or grant to the commissioner upon the written request of the commissioner.

SB21-SSA1,1106,21 2. Subject to subd. 3., the commissioner retains control over the manner in which any disbursement made under subd. 1. is used.

SB21-SSA1,1106,24 3. The commissioner's use of any disbursement made under subd. 1. shall be consistent with the intent of the donor of the gift, bequest, or endowment and with the agreement between the commissioner and the community foundation.

SB21-SSA1,1107,3 4. The commissioner exercises his or her rights over the use of each disbursement made under subd. 1. in accordance with the law applicable to trust investments.

SB21-SSA1,1107,7 (d) The commissioner, together with the county executive, may solicit private gifts and grants for use by the commissioner to further the purposes of the opportunity schools and partnership program and without oversight or approval of the board.

SB21-SSA1,1107,10 (16) Copyright materials. The commissioner may copyright under the applicable federal laws any book, pamphlet, bulletin, or record form edited and published by or under the direction of the commissioner.

SB21-SSA1,1107,12 (17) Fences. The commissioner may construct around any schoolhouse or playground site a fence of materials and design approved by the commissioner.

SB21-SSA1,1107,15 (18) Rules on conduct and dress. The commissioner may establish rules pertaining to conduct and dress of pupils in order to maintain good decorum and a favorable academic atmosphere.

SB21-SSA1,1107,18 (19) Records custodian. On behalf of any authority as defined in s. 19.32 (1), including the commissioner, designate one or more persons to be legal custodians of records.

SB21-SSA1,1108,2 119.9004 Opportunity schools and partnership program. (1) Legal entity. (a) There is created within the school district operating under this chapter a opportunity schools and partnership program under the management and control of the commissioner. The commissioner shall exercise the powers, duties, and functions prescribed to the commissioner by law independently of the board and under the supervision of the county executive. Budgeting, program coordination, and related management functions for the schools transferred to the opportunity schools and partnership program shall be performed by the commissioner.

SB21-SSA1,1108,4 (b) The opportunity schools and partnership program comprises individual eligible schools transferred by the commissioner under s. 119.9002 (2).

SB21-SSA1,1108,11 (2) Exit from opportunity schools and partnership program. Subject to sub. (3) (a), the commissioner may transfer a school out of the opportunity schools and partnership program if the commissioner determines that the school has been placed in a performance category of "meets expectations" or higher on the 3 preceding consecutive accountability reports published for the school under s. 115.385 (1). Any of the following may apply to a school transferred out of the program under this subsection:

SB21-SSA1,1108,13 (a) Subject to sub. (3) (b), the commissioner may return operation and general management of the school to the board.

SB21-SSA1,1108,16 (b) The commissioner may transfer operation and management of the school to a person to operate the school under s. 118.40 as a charter school that is not an instrumentality of the school district, as determined under s. 118.40 (7).

SB21-SSA1,1108,18 (c) The commissioner may transfer operation and general management of the school to the governing body of a private school.

SB21-SSA1,1108,21 (3) Opportunity schools and partnership program; limitations. (a) A school transferred to the program under this subchapter may not be transferred out of the program under this subchapter for 5 consecutive school years.

SB21-SSA1,1108,24 (b) The commissioner may not return operation and general management of a school that has been transferred to the opportunity schools and partnership program to the board if either of the following applies:

SB21-SSA1,1108,25 1. The school remains an eligible school.

SB21-SSA1,1109,3 2. The school district operating under this chapter has been assigned in the 3 most recent school years a performance category of "fails to meet expectations" on the accountability report published under s. 115.385 (1).

SB21-SSA1,1109,7 119.9005 Payments to the commissioner, persons, and private schools operating schools in the opportunity schools and partnership program; state aid adjustments. Beginning in the 2016-17 school year, the state superintendent shall do all of the following:

SB21-SSA1,1109,12 (1) From the appropriation under s. 20.255 (2) (fs), pay to the commissioner on behalf of an individual or group operating a school under s. 119.9002 (3) (a) an amount equal to the amount paid per pupil to an operator of a charter school under s. 118.40 (2r) (e) in that school year multiplied by the number of pupils enrolled in that school in that school year.

SB21-SSA1,1109,17 (2) From the appropriation under s. 20.255 (2) (fs), pay to a person operating a school under a contract entered into under s. 119.9002 (3) (b) for that school year an amount equal to the amount paid per pupil to an operator of a charter school under s. 118.40 (2r) (e) in that school year multiplied by the number of pupils enrolled in that school under that contract in that school year.

SB21-SSA1,1109,23 (3) From the appropriation under s. 20.255 (2) (fs), pay to the governing body of a private school operating the school in which a pupil is enrolled under a contract entered into under s. 119.9002 (3) (c) for that school year an amount equal to the amount paid per pupil to an operator of a charter school under s. 118.40 (2r) (e) in that school year multiplied by the number of pupils enrolled in that school under that contract in that school year.

SB21-SSA1,1110,2 (4) Reduce the amount of state aid that the school district operating under this chapter is eligible to be paid from the appropriation under s. 20.255 (2) (ac) for that school year by the sum of the amounts paid for that school year under subs. (1) to (3) and ensure that the aid reduction under this subsection is lapsed to the general fund.

SB21-SSA1,1110,5 (5) Ensure that the aid adjustment under sub. (4) does not affect the amount determined to be received by the school district operating under this chapter as state aid under s. 121.08 for any other purpose.

SB21-SSA1,3387p Section 3387p. 120.10 (12) of the statutes is renumbered 120.13 (19m) and amended to read:

SB21-SSA1,1110,14 120.13 (19m) Sale of property. Authorize the sale of Sell any property belonging to and not needed by the school district. If a school site or other lands are to be abandoned which were acquired or are held upon condition that they revert to the prior owner when no longer used for school purposes, the school board shall sell any school buildings thereon or move them to another site within 8 months after the school buildings cease to be used for school purposes or the site ceases to be maintained as a school district playground or park.

SB21-SSA1,3388 Section 3388. 120.12 (13) of the statutes is created to read:

SB21-SSA1,1110,21 120.12 (13) Declaration of educational standards. (a) Annually, prior to the beginning of the school term, notify the parents and guardians of pupils enrolled in the school district of the pupil academic standards, adopted under s. 118.30 (1g) (a) 1., that will be in effect for the school year. The school board may provide the notice required under this paragraph electronically, including by posting the notice or a link to the pupil academic standards on the school district's Internet site.

SB21-SSA1,1110,25 (b) Annually, include as an item on the agenda of the first school board meeting of the school year a notice that clearly identifies the pupil academic standards adopted by the school board under s. 118.30 (1g) (a) 1. that will be in effect for the school year.

SB21-SSA1,3389 Section 3389. 120.12 (22) of the statutes is amended to read:

SB21-SSA1,1111,6 120.12 (22) Advanced placement examinations. Using federal, state, local, or private funds, pay the costs of advanced placement examinations taken by pupils enrolled in the school district who are eligible satisfy the income eligibility criteria for free or reduced-price lunches in the federal school lunch program under 42 USC 1758 (b) (1).

SB21-SSA1,3389m Section 3389m. 120.13 (1) (f) 3. of the statutes is amended to read:

SB21-SSA1,1111,17 120.13 (1) (f) 3. No school board is required to enroll a pupil during the term of his or her expulsion from a charter school established under s. 118.40 (2r) or (2x) if the school board determines the conduct giving rise to the pupil's expulsion would have been grounds for expulsion under par. (c) 1., 2., or 2m. If a pupil who has been expelled from a charter school established under s. 118.40 (2r) or (2x) seeks to enroll in a school district during the term of his or her expulsion, upon request of the pupil or, if the pupil is a minor, the pupil's parent or guardian, the governing body of the charter school shall provide the school board of the school district with a copy of the expulsion findings and order, a written explanation of the reasons why the pupil was expelled, and the term of the expulsion.

SB21-SSA1,3389n Section 3389n. 120.13 (2) (b) of the statutes is amended to read:

SB21-SSA1,1111,24 120.13 (2) (b) Provide health care benefits on a self-insured basis to the employees of the school district if the school district has at least 100 employees. In addition, any 2 or more school districts which together have at least 100 employees may jointly provide health care benefits on a self-insured basis to employees of the school districts a school district may jointly provide health care benefits on a self-insured basis under s. 66.0137 (4m).

SB21-SSA1,3389p Section 3389p. 120.13 (2) (c) of the statutes is amended to read:

SB21-SSA1,1112,4 120.13 (2) (c) Any self-insurance plan under par. (b) which or s. 66.0137 (4m) that covers less than 1,000 employees shall include excess or stop-loss reinsurance obtained through an insurer authorized to do business in this state, for the purpose of covering all eligible claims incurred during the term of the policy or contract.

SB21-SSA1,3389r Section 3389r. 120.13 (2) (e) of the statutes is amended to read:

SB21-SSA1,1112,12 120.13 (2) (e) All personally identifiable medical and claims records relating to any self-insurance plan under par. (b) or s. 66.0137 (4m) shall be kept confidential by the administrator of the self-insurance plan and shall be exempt from disclosure pursuant to s. 19.36 (1). This paragraph does not prohibit the release of personally identifiable records to school district personnel, to the extent that performance of their duties requires access to the records, but only with the prior written informed consent of the insured.

SB21-SSA1,3390 Section 3390. 120.13 (14) (a) of the statutes is amended to read:

SB21-SSA1,1113,3 120.13 (14) (a) Establish and provide or contract for the provision of child care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a child care program established under this subsection. Costs associated with a child care program under this subsection may not be included in shared costs under s. 121.07 (6). Child care programs established under this subsection shall meet the standards for licensed child care centers established by the department of children and families. If a school board proposes to contract for or renew a contract for the provision of a child care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a child care program under this subsection, the school board shall refer the contractor or proposed contractor to the department of children and families for the criminal history and child abuse record search required under s. 48.685. Each school board shall provide the department of health services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5.

SB21-SSA1,3391 Section 3391. 120.13 (27m) of the statutes is amended to read:

SB21-SSA1,1113,16 120.13 (27m) Transportation of indigent pupils. Provide transportation to and from school for indigent pupils who reside in the school district and who are not required to be transported under s. 121.54. In this subsection, "indigent pupils" means pupils who are eligible satisfy the income eligibility criteria for free lunches or reduced-price lunches under 42 USC 1758 (b) (1) or who are members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is participating in Wisconsin works under s. 49.147 (3) to (5) or any combination thereof, as determined by the school board. If a school board determines to provide transportation under this subsection, there shall be reasonable uniformity in the transportation furnished such pupils whether they attend public or private schools. The cost of transporting pupils under this subsection may not be included in the school district's shared cost under s. 121.07 (6) (a).

SB21-SSA1,3391b Section 3391b. 120.13 (37) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,1113,19 120.13 (37) (a) (intro.) Notwithstanding s. 118.33 (1) and (1m), award a high school diploma to a person who meets all of the following requirements:

SB21-SSA1,3391c Section 3391c. 120.13 (37) (b) of the statutes is amended to read:

SB21-SSA1,1113,24 120.13 (37) (b) Award Notwithstanding s. 118.33 (1m), award a high school diploma to a person who received a high school equivalency diploma under s. 115.29 (4) after serving on active duty under honorable conditions if the person meets the conditions of par. (a) 1. to 3.

SB21-SSA1,3391d Section 3391d. 120.14 (1) of the statutes is amended to read:

SB21-SSA1,1114,10 120.14 (1) At the close of each fiscal year, the school board of each school district shall employ a licensed accountant to audit the school district accounts and certify the audit. The audit shall include information concerning the school district's self-insurance plan under s. 66.0137 (4m) or 120.13 (2) (b), as specified by the commissioner of insurance, and information about expenditures for community programs and services under s. 120.13 (19). If required by the state superintendent under s. 115.28 (18), the audit shall include an audit of the number of pupils reported for membership purposes under s. 121.004 (5). The cost of the audit shall be paid from school district funds. Annually by September 15, the school district clerk shall file a financial audit statement with the state superintendent.

SB21-SSA1,3391dm Section 3391dm. 120.18 (1) (o) of the statutes is created to read:

SB21-SSA1,1114,14 120.18 (1) (o) The number of pupils enrolled in each school transferred to an opportunity schools and partnership program under subch. IX of ch. 115, as reported by the commissioner in the enrollment report submitted pursuant to s. 115.999 (4).

SB21-SSA1,3391e Section 3391e. 120.42 (1) (a) of the statutes is amended to read:

SB21-SSA1,1114,22 120.42 (1) (a) Except as provided in pars. (b) and, (c), and (d), school board members in a unified school district shall be electors of the school district and shall be elected at large, at large to numbered seats or at large to an apportioned election district area by a plurality vote of the electors of the school district. School board members in a unified school district shall be elected under s. 120.06 at the spring election. All candidates for school board seats shall file a declaration of candidacy as provided in s. 120.06 (6) (b).

SB21-SSA1,3391m Section 3391m. 120.42 (1) (d) of the statutes is created to read:

SB21-SSA1,1115,4 120.42 (1) (d) 1. School board members in a unified school district that encompasses a city with a population greater than 75,000 but less than 100,000 and that encompasses at least 2 villages may by resolution provide for the election of members from election districts established pursuant to a representation plan under sub. (1m) by a plurality of the electors of each election district within the school district.

SB21-SSA1,1115,10 2. Notwithstanding subd. 1., school board members in a unified school district that, on the effective date of this subdivision .... [LRB inserts date], encompasses a city with a population greater than 75,000 but less than 100,000 and that encompasses at least 2 villages shall be elected from election districts established pursuant to a representation plan under sub. (1m) by a plurality of the electors of each election district within the school district.

SB21-SSA1,3391s Section 3391s. 120.42 (1m) of the statutes is created to read:

SB21-SSA1,1115,17 120.42 (1m) (a) The school board of a school district under sub. (1) (d) 1. that provides, pursuant to a resolution, for the election of members from election districts and the school board of a school district under sub. (1) (d) 2. shall establish a representation plan for the election of school board members by election district. The school board shall comply with all of the following in establishing the representation plan under this paragraph:

SB21-SSA1,1115,19 1. Provide for 9 election districts within the school district of substantially equal population.

SB21-SSA1,1115,21 2. Ensure that, to the extent practicable, each election district described in subd. 1. is compact.

SB21-SSA1,1115,23 3. Ensure that, to the extent practicable, the territory within each election district described in subd. 1. is contiguous.

SB21-SSA1,1116,3 4. Ensure that, to the extent practicable, the boundaries of each election district described in subd. 1. and the boundaries of municipalities encompassed within the school district are congruent.

SB21-SSA1,1116,5 5. Number the election districts and divide them into 3 classes such that one-third of the members of the school board shall be elected in each year.

SB21-SSA1,1116,12 (b) Within 60 days after establishing the representation plan under par. (a), and decennially thereafter within 60 days after the population count by census block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, the school board shall adopt a district apportionment plan that apportions the territory of the school district into election districts pursuant to the representation plan.