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-AA10,1,11 At the locations indicated, amend the substitute amendment as follows:
AB64-ASA1-AA10,1,2 21. Page 10, line 25: after that line insert:
AB64-ASA1-AA10,1,3 3 Section 8re. 13.94 (intro.) of the statutes is amended to read:
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-AA10,8rm 9Section 8rm. 13.94 (1) (b) of the statutes is amended to read:
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-AA10,8rs 24Section 8rs. 13.94 (1) (os) of the statutes is amended to read:
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-AA10,3,6 62. Page 284, line 4: after that line insert:
AB64-ASA1-AA10,3,7 7 Section 215r. 20.255 (2) (fs) of the statutes is amended to read:
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-AA10,3,11 113. Page 422, line 12: after that line insert:
AB64-ASA1-AA10,3,12 12 Section 706m. 40.03 (2) (x) 1. of the statutes is repealed.”.
AB64-ASA1-AA10,3,13 134. Page 563, line 14: after that line insert:
AB64-ASA1-AA10,3,14 14 Section 984ar. 66.0301 (1) (a) of the statutes is amended to read:
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-AA10,4,8 85. Page 596, line 13: delete lines 13 to 19.
AB64-ASA1-AA10,4,9 96. Page 742, line 9: delete lines 9 to 18 and substitute:
AB64-ASA1-AA10,4,10 10 Section 1463e. 115.28 (10m) (a) of the statutes is renumbered 115.28 (10m).
AB64-ASA1-AA10,1463m 11Section 1463m. 115.28 (10m) (b) of the statutes is repealed.
AB64-ASA1-AA10,1463s 12Section 1463s. 115.28 (10o) of the statutes is repealed.”.
AB64-ASA1-AA10,4,14 137. Page 775, line 8: delete the material beginning with that line and ending
14with page 778, line 15, and substitute:
AB64-ASA1-AA10,4,15 15 Section 1504Lm. 115.999 of the statutes is repealed.”.
AB64-ASA1-AA10,4,17 168. Page 779, line 17: delete the material beginning with that line and ending
17with page 781, line 25.
AB64-ASA1-AA10,4,18 189. Page 782, line 16: after that line insert:
AB64-ASA1-AA10,4,19 19 Section 1505j. 118.125 (4) of the statutes is amended to read:
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-AA10,5,15 1510. Page 792, line 20: after that line insert:
AB64-ASA1-AA10,5,16 16 Section 1525c. 118.30 (1g) (a) 3. of the statutes is amended to read:
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-AA10,1525g 3Section 1525g. 118.30 (1s) (intro.) of the statutes is amended to read:
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-AA10,1525n 11Section 1525n. 118.33 (1) (f) 2. of the statutes is amended to read:
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-AA10,1525r 21Section 1525r. 118.33 (1) (f) 2m. of the statutes is amended to read:
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-AA10,1525w 8Section 1525w. 118.33 (1) (f) 3. of the statutes is amended to read:
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-AA10,8,3 311. Page 830, line 18: after that line insert:
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-AA10,1619ud 20Section 1619ud. 119.33 (2) (b) 1. a. of the statutes is amended to read:
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-AA10,1619ue 3Section 1619ue. 119.33 (2) (b) 1. b. of the statutes is amended to read:
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-AA10,1619uh 9Section 1619uh. 119.33 (2) (b) 1. c. of the statutes is amended to read:
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-AA10,1619uL 15Section 1619uL. 119.9000 (5) of the statutes is amended to read:
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-AA10,1619up 19Section 1619up. 119.9002 (1) (a) of the statutes is amended to read:
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-AA10,1619ur 3Section 1619ur. 119.9002 (2) (a) 1. of the statutes is amended to read:
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-AA10,1619uu 9Section 1619uu. 119.9002 (2) (a) 2. of the statutes is amended to read:
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-AA10,1619uy 15Section 1619uy. 119.9002 (2) (a) 3. of the statutes is amended to read:
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-AA10,10,21 2112. Page 833, line 14: after that line insert:
AB64-ASA1-AA10,10,22 22 Section 1628m. 120.18 (1) (o) of the statutes is repealed.”.
AB64-ASA1-AA10,10,23 2313. Page 849, line 6: after that line insert:
AB64-ASA1-AA10,10,24 24 Section 1662g. 146.89 (1) (d) 2. of the statutes is amended to read:
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-AA10,1662r 7Section 1662r. 146.89 (1) (g) 1. of the statutes is amended to read:
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-AA10,11,11 1114. Page 930, line 12: after that line insert:
AB64-ASA1-AA10,11,12 12 Section 2246m. 938.49 (2) (b) of the statutes is amended to read:
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).”.
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