LRBb0685/1
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2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 10,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 64
September 13, 2017 - Offered by Representatives Mason, Barca, Bowen, Wachs,
Zepnick and Sinicki.
AB64-ASA1-AA10,2,8
413.94 Legislative audit bureau. (intro.) There is created a bureau to be
5known as the “Legislative Audit Bureau," headed by a chief known as the “State
6Auditor." The bureau shall be strictly nonpartisan and shall at all times observe the
7confidential nature of any audit currently being performed. Subject to s. 230.35 (4)
8(a) and (f), the state auditor or designated employees shall at all times with or
9without notice have access to all departments and to any books, records or other
10documents maintained by the departments and relating to their expenditures,
11revenues, operations and structure, including specifically any such books, records,
12or other documents that are confidential by law, except as provided in sub. (4) and
1except that access to documents of counties, cities, villages, towns or school districts
2is limited to work performed in connection with audits authorized under sub. (1) (m)
3and except that access to documents of the opportunity schools and partnership
4programs under s. 119.33
, subch. IX of ch. 115, and subch. II of ch. 119 is limited to
5work performed in connection with audits authorized under sub. (1) (os). In the
6discharge of any duty imposed by law, the state auditor may subpoena witnesses,
7administer oaths and take testimony and cause the deposition of witnesses to be
8taken as prescribed for taking depositions in civil actions in circuit courts.
AB64-ASA1-AA10,2,2310
13.94
(1) (b) At the state auditor's discretion or as the joint legislative audit
11committee directs, audit the records of each department. Audits of the records of a
12county, city, village, town, or school district may be performed only as provided in par.
13(m). Audits of the records of the opportunity schools and partnership programs
14under s. 119.33
, subch. IX of ch. 115, and subch. II of ch. 119 may be performed only
15as provided in par. (os). After completion of any audit under this paragraph, the
16bureau shall file with the chief clerk of each house of the legislature, the governor,
17the department of administration, the legislative reference bureau, the joint
18committee on finance, the legislative fiscal bureau, and the department audited, a
19detailed report of the audit, including the bureau's recommendations for
20improvement and efficiency and including specific instances, if any, of illegal or
21improper expenditures. The chief clerks shall distribute the report to the joint
22legislative audit committee, the appropriate standing committees of the legislature,
23and the joint committee on legislative organization.
AB64-ASA1-AA10,3,5
113.94
(1) (os) Beginning in 2017, and biennially thereafter, prepare a
2performance evaluation audit of the opportunity schools and partnership programs
3under s. 119.33
, subch. IX of ch. 115, and subch. II of ch. 119. The legislative audit
4bureau shall file a copy of the report of the audit under this paragraph with the
5distributees specified in par. (b).”.
AB64-ASA1-AA10,3,108
20.255
(2) (fs)
Opportunity schools and partnership programs. A sum sufficient
9to make the payments under ss.
115.999 (4), 119.33 (6) (a) to (c)
, and 119.9005 (1) to
10(3).”.
AB64-ASA1-AA10,4,715
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
16“municipality" means the state or any department or agency thereof, or any city,
17village, town, county, or school district, the opportunity schools and partnership
18programs program under
subch. IX of ch. 115 and subch. II of ch. 119, the
19superintendent of schools opportunity schools and partnership program under s.
20119.33, or any public library system, public inland lake protection and rehabilitation
21district, sanitary district, farm drainage district, metropolitan sewerage district,
22sewer utility district, solid waste management system created under s. 59.70 (2),
23local exposition district created under subch. II of ch. 229, local professional baseball
24park district created under subch. III of ch. 229, local professional football stadium
1district created under subch. IV of ch. 229, local cultural arts district created under
2subch. V of ch. 229, long-term care district under s. 46.2895, water utility district,
3mosquito control district, municipal electric company, county or city transit
4commission, commission created by contract under this section, taxation district,
5regional planning commission, housing authority created under s. 66.1201,
6redevelopment authority created under s. 66.1333, community development
7authority created under s. 66.1335, or city-county health department.”.
AB64-ASA1-AA10,4,10
10“
Section 1463e. 115.28 (10m) (a) of the statutes is renumbered 115.28 (10m).
AB64-ASA1-AA10,5,1420
118.125
(4) Transfer of records. Within 5 working days, a school district, a
21private school participating in the program under s. 118.60 or in the program under
22s. 119.23, and the governing body of a private school that, pursuant to s.
115.999 (3), 23119.33 (2) (c) 3.
, or 119.9002 (3) (c), is responsible for the operation and general
24management of a school transferred to an opportunity schools and partnership
1program under s. 119.33
, subch. IX of ch. 115, or subch. II of ch. 119 shall transfer
2to another school, including a private or tribal school, or school district all pupil
3records relating to a specific pupil if the transferring school district or private school
4has received written notice from the pupil if he or she is an adult or his or her parent
5or guardian if the pupil is a minor that the pupil intends to enroll in the other school
6or school district or written notice from the other school or school district that the
7pupil has enrolled or from a court that the pupil has been placed in a juvenile
8correctional facility, as defined in s. 938.02 (10p), or a secured residential care center
9for children and youth, as defined in s. 938.02 (15g). In this subsection, “
school" and
10“school district" include any juvenile correctional facility, secured residential care
11center for children and youth, adult correctional institution, mental health institute,
12or center for the developmentally disabled that provides an educational program for
13its residents instead of or in addition to that which is provided by public, private, and
14tribal schools.”.
AB64-ASA1-AA10,6,217
118.30
(1g) (a) 3. The governing body of each private school participating in the
18program under s. 119.23 and the governing body of a private school that, pursuant
19to s.
115.999 (3), 119.33 (2) (c) 3.
, or 119.9002 (3) (c), is responsible for the operation
20and general management of a school transferred to an opportunity schools and
21partnership program under s. 119.33
, subch. IX of ch. 115, or subch. II of ch. 119 shall
22adopt pupil academic standards in mathematics, science, reading and writing,
23geography, and history. The governing body of the private school may adopt the pupil
1academic standards issued by the governor as executive order no. 326, dated January
213, 1998.
AB64-ASA1-AA10,6,104
118.30
(1s) (intro.) Annually, the governing body of each private school
5participating in the program under s. 119.23, other than a private school at which
6fewer than 20 pupils are attending the school under the program under s. 119.23, and
7the governing body of a private school that, pursuant to s.
115.999 (3), 119.33 (2) (c)
83.
, or 119.9002 (3) (c), is responsible for the operation and general management of a
9school transferred to an opportunity schools and partnership program under s.
10119.33
, subch. IX of ch. 115, or subch. II of ch. 119 shall do all of the following:
AB64-ASA1-AA10,6,2012
118.33
(1) (f) 2. The operator of a charter school under s. 118.40 (2r) or (2x) that
13operates high school grades and an individual or group or a person that, pursuant
14to s.
115.999 (3), 119.33 (2) (c) 1. or 2.
, or 119.9002 (3) (a) or (b), is responsible for the
15operation and general management of a school transferred to an opportunity schools
16and partnership program under s. 119.33
, subch. IX of ch. 115, or subch. II of ch. 119
17and that operates high school grades shall develop and periodically review and revise
18a policy specifying criteria for granting a high school diploma. The criteria shall
19include the pupil's academic performance, successful completion of the civics test
20under sub. (1m) (a), and the recommendations of teachers.
AB64-ASA1-AA10,7,722
118.33
(1) (f) 2m. The governing body of each private school participating in the
23program under s. 119.23 and the governing body of a private school that, pursuant
24to s.
115.999 (3), 119.33 (2) (c) 3.
, or 119.9002 (3) (c), is responsible for the operation
25and general management of a school transferred to an opportunity schools and
1partnership program under s. 119.33
, subch. IX of ch. 115, or subch. II of ch. 119 shall
2develop and periodically review and revise a policy specifying criteria for granting
3a high school diploma to pupils attending the private school under s. 119.23 or the
4school transferred to an opportunity schools and partnership program under s.
5119.33
, subch. IX of ch. 115, or subch. II of ch. 119. The criteria shall include the
6pupil's academic performance, successful completion of the civics test under sub.
7(1m) (a), and the recommendations of teachers.
AB64-ASA1-AA10,8,29
118.33
(1) (f) 3. Neither a school board nor an operator of a charter school under
10s. 118.40 (2r) or (2x) nor an individual or group or person that, pursuant to s.
115.999
11(3), 119.33 (2) (c) 1. or 2.
, or 119.9002 (3) (a) or (b), is responsible for the operation and
12general management of a school transferred to an opportunity schools and
13partnership program under s. 119.33
, subch. IX of ch. 115, or subch. II of ch. 119 may
14grant a high school diploma to any pupil unless the pupil has satisfied the criteria
15specified in the school board's or charter school's policy under subd. 1. or 2. Neither
16the governing body of a private school participating in the program under s. 119.23
17nor a governing body of a private school that, pursuant to s.
115.999 (3), 119.33 (2)
18(c) 3.
, or 119.9002 (3) (c), is responsible for the operation and general management
19of a school transferred to an opportunity schools and partnership program under s.
20119.33
, subch. IX of ch. 115, or subch. II of ch. 119 may grant a high school diploma
21to any pupil attending the private school under s. 119.23 or the school transferred
22to an opportunity schools and partnership program under s. 119.33
, subch. IX of ch.
23115, or subch. II of ch. 119 unless the pupil has satisfied the criteria specified in the
24governing body's policy under subd. 2m. The governing body of a private school
25participating in the program under s. 118.60 may not grant a high school diploma to
1any pupil attending the private school under s. 118.60 unless the pupil has satisfied
2the criteria specified in the governing body's policy under subd. 2r.”.
AB64-ASA1-AA10,8,4
4“
Section 1619ub. 119.33 (2) (a) 1. of the statutes is amended to read:
AB64-ASA1-AA10,8,195
119.33
(2) (a) 1. Establish policies for providing a qualitative analysis of each
6eligible school, identified in the annual report submitted by the state superintendent
7under s. 115.28 (10m)
(a), to determine whether the school is suitable for transfer to
8the program under this section. The superintendent of schools may use the policies
9established by the commissioner under s. 119.9002 (1) (a) to select eligible schools to
10be transferred to the program under this section and may use the
11request-for-proposal process developed by the commissioner under s. 119.9002 (2)
12(b) for soliciting proposals from individuals, groups, persons, and governing bodies
13of private schools to operate and manage the eligible school upon transfer of the
14school to the program under this section. If the superintendent of schools does not
15use the policies established by the commissioner, the superintendent of schools shall
16include as a criterion in his or her policies the level of interest within the school and
17the school's community in transferring the school to the program, as determined from
18community engagement, and shall establish a method for evaluating community
19engagement.
AB64-ASA1-AA10,9,221
119.33
(2) (b) 1. a. During the 2015-16 school year, but after the commissioner
22has completed his or her selection under s. 119.9002 (2) (a), select from the report
23submitted by the state superintendent under s. 115.28 (10m)
(a) at least one and not
1more than 3 eligible schools to be transferred to the program under this section for
2the following school year.
AB64-ASA1-AA10,9,84
119.33
(2) (b) 1. b. During the 2016-17 school year, but after the commissioner
5has completed his or her selection under s. 119.9002 (2) (a), select from the report
6submitted by the state superintendent under s. 115.28 (10m)
(a) not more than 3
7additional eligible schools to be transferred to the program under this section for the
8following school year.
AB64-ASA1-AA10,9,1410
119.33
(2) (b) 1. c. During the 2017-18 school year and any subsequent school
11year, but after the commissioner has completed his or her selection under s. 119.9002
12(2) (a), select from the report submitted by the state superintendent under s. 115.28
13(10m)
(a) not more than 5 additional eligible schools to be transferred to the program
14under this section for the following school year.
AB64-ASA1-AA10,9,1816
119.9000
(5) “Eligible school" means a public school in the school district
17operating under this chapter identified on the annual report submitted by the state
18superintendent under s. 115.28 (10m)
(a).
AB64-ASA1-AA10,9,2520
119.9002
(1) (a) Establish policies for providing qualitative analysis of each
21eligible school, identified in the annual report submitted by the state superintendent
22under s. 115.28 (10m)
(a), to determine whether the school is suitable for transfer to
23the opportunity schools and partnership program. The commissioner shall include
24as a criterion in his or her policies the level of interest within the school and the
25school's community in transferring the school to the program, as determined from
1community engagement. The commissioner shall establish a method for evaluating
2community engagement.
AB64-ASA1-AA10,10,84
119.9002
(2) (a) 1. During the 2015-16 school year, from the report submitted
5by the state superintendent under s. 115.28 (10m)
(a), and using the policies
6established under sub. (1) (a), select at least one and not more than 3 eligible schools
7to be transferred to the opportunity schools and partnership program for the
8following school year.
AB64-ASA1-AA10,10,1410
119.9002
(2) (a) 2. During the 2016-17 school year, from the report submitted
11by the state superintendent under s. 115.28 (10m)
(a), and using the policies
12established under sub. (1) (a), select not more than 3 additional eligible schools to be
13transferred to the opportunity schools and partnership program for the following
14school year.
AB64-ASA1-AA10,10,2016
119.9002
(2) (a) 3. During the 2017-18 school year, and in any subsequent
17school year, from the report submitted by the state superintendent under s. 115.28
18(10m)
(a), and using the policies established under sub. (1) (a), select not more than
195 additional eligible schools to be transferred to the opportunity schools and
20partnership program for the following school year.”.
AB64-ASA1-AA10,11,6
1146.89
(1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates
2in the choice program under s. 118.60 or the Milwaukee Parental Choice Program
3under s. 119.23 or that, pursuant to s.
115.999 (3), 119.33 (2) (c) 3.
, or 119.9002 (3)
4(c), is responsible for the operation and general management of a school transferred
5to an opportunity schools and partnership program under s. 119.33
, subch. IX of ch.
6115, or subch. II of ch. 119.
AB64-ASA1-AA10,11,108
146.89
(1) (g) 1. A public elementary school, including an elementary school
9transferred to an opportunity schools and partnership program under s. 119.33,
10subch. IX of ch. 115, or subch. II of ch. 119.”.
AB64-ASA1-AA10,11,1813
938.49
(2) (b) Notify the juvenile's last school district or, if the juvenile was last
14enrolled in a private school participating in the program under s. 118.60 or in the
15program under s. 119.23 or, pursuant to s.
115.999 (3), 119.33 (2) (c) 3.
, or 119.9002
16(3) (c), in a school under the operation and general management of the governing
17body of a private school, the private school or the governing body of a private school,
18in writing of its obligation under s. 118.125 (4).”.