AB150: Bill Text

AB150,1394,9 7. Licensure or certification under s. 115.28 (7) or (7m).

AB150,1394,11 (b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.

AB150,1394,13 (2) In determining whether to grant the waiver, the department shall consider all of the following:

AB150,1394,15 (a) Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of P.L. 103-227.

AB150,1394,17 (b) Whether the school board has adopted educational goals for the school district.

AB150,1394,21 (3) A waiver is effective for 4 years. The department shall renew the waiver for additional 4-year periods, except that the department is not required to renew a waiver if department determines that the school district is not making adequate progress toward improving pupil academic performance.

AB150, s. 3982 Section 3982. 118.39 of the statutes is created to read:

AB150,1395,2 118.39 Performance recognition plans. (1) A school board may adopt a performance recognition plan that annually allocates at least 2% of its total payroll, excluding the cost of fringe benefits, for performance recognition awards to school district employes. The school board shall determine which categories of school district employes are eligible for such awards.

AB150,1395,4 (2) (a) If a school board adopts a performance recognition plan under this section, it shall establish all of the following committees:

AB150,1395,5 1. A committee to develop employe performance standards.

AB150,1395,8 2. A committee to develop a process to review employe performance, and to review and make recommendations regarding award recipients and the amount of each award.

AB150,1395,11 (b) The committees established under par. (a) shall be composed of an equal number of employes, school administrators, and parents or guardians of pupils enrolled in the school district, and shall be appointed or elected as follows:

AB150,1395,12 1. The school board shall appoint school administrators and parents.

AB150,1395,22 2. The school board shall afford the school district employes the opportunity to participate in an election of employe representatives. The department shall promulgate rules prescribing procedures for conducting such elections. If any portion of the employes is represented by a representative that is recognized or certified under subch. IV of ch. 111 to represent those employes, the school board shall, in lieu of permitting those employes to elect employe representatives, afford the representative the opportunity to appoint employe representatives. Appointed representatives shall be in the same proportion as the number of employes represented by the representative bears to the total number of school district employes.

AB150,1395,23 (3) Annually, the school board shall do all of the following:

AB150,1395,25 (a) Provide a copy of the employe performance standards developed by the committee under sub. (2) (a) 1. to each school district employe.

AB150,1396,4 (b) Notify the parent or guardian of each pupil enrolled in the school district that the school board has adopted a performance recognition plan and encourage parents and guardians to submit comments on employe performance to the school district administrator.

AB150,1396,5 (c) Submit a copy of its performance recognition plan to the department.

AB150,1396,12 (4) After considering comments submitted by parents under sub. (3) (b), the committee established under sub. (2) (a) 2. shall make its recommendations to the principal of each school. The principal shall determine award recipients and the amount of each award, subject to the total amount allocated to the school by the committee. If the principal's decisions differ in any way from the committee's recommendations, the principal shall provide the committee and the school board with a written explanation.

AB150,1396,16 (5) (a) Upon request of any school district employe, the school board shall provide the employe with a private conference with the school board. The principal shall attend the conference and, upon request, shall explain the rationale for the performance recognition decision that affects that employe.

AB150,1396,19 (b) Annually, the school board shall submit to the department a report specifying the number of private conferences requested under par. (a) and summarizing any changes in performance recognition awards made as a result.

AB150,1396,21 (6) The information and materials relating to an individual employe's performance review are not subject to public inspection under s. 19.35 (1).

AB150, s. 3983 Section 3983. 118.40 (1) of the statutes is repealed.

AB150, s. 3984 Section 3984. 118.40 (1m) (b) 7. of the statutes is amended to read:

AB150,1396,25 118.40 (1m) (b) 7. Subject to sub. (7) (a) and ss. 118.19 (1) and 121.02 (1) (a) 2., the qualifications that must be met by the individuals to be employed in the school.

AB150, s. 3985 Section 3985. 118.40 (2) (a) of the statutes is amended to read:

AB150,1397,6 118.40 (2) (a) If a school board has received approval under sub. (1), within Within 30 days after receiving a petition under sub. (1m) the school board shall hold a public hearing on the petition. At the hearing, the school board shall consider the level of employe and parental support for the establishment of the charter school described in the petition. After the hearing, the school board may grant the petition.

AB150, s. 3986 Section 3986. 118.40 (2) (b) (intro.) of the statutes is amended to read:

AB150,1397,10 118.40 (2) (b) (intro.) Subject to sub. (1), a A school board may grant a petition that would result in the conversion of all of the public schools in the school district to charter schools if all of the following apply:

AB150, s. 3987 Section 3987. 118.40 (2m) (a) of the statutes is amended to read:

AB150,1397,15 118.40 (2m) (a) If a school board has received approval under sub. (1), the A school board may on its own initiative contract with an individual or group to operate a school as a charter school. The contract shall include all of the provisions specified under sub. (1m) (b) and may include other provisions agreed to by the parties.

AB150, s. 3988 Section 3988. 118.40 (3) (b) of the statutes is amended to read:

AB150,1397,23 118.40 (3) (b) A contract under par. (a) or under sub. (2m) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid by the school board to the charter school during each school year of the contract. In any school year, the school board may not spend on average more per pupil enrolled in the charter school than the school board spends on average per pupil enrolled in the public schools, excluding charter schools, as determined by the state superintendent.

AB150, s. 3989 Section 3989. 118.40 (3) (c) of the statutes is amended to read:

AB150,1398,3 118.40 (3) (c) A school board may not enter into a contract for the establishment of a charter school located outside the school district or a contract that would result in the conversion of a private school to a charter school.

AB150, s. 3990 Section 3990. 118.40 (3m) of the statutes is repealed.

AB150, s. 3991 Section 3991. 118.40 (4) (a) 2. of the statutes is amended to read:

AB150,1398,9 118.40 (4) (a) 2. Be nonsectarian in its programs, admissions policies, employment practices and all other operations. This subdivision does not apply to any charter school established by the board of school directors in charge of the public schools of a 1st class city.

AB150, s. 3992 Section 3992. 118.40 (7) (title) of the statutes is amended to read:

AB150,1398,11 118.40 (7) (title) Legal status; applicability Applicability of school laws.

AB150, s. 3993 Section 3993. 118.40 (7) (a) of the statutes is repealed.

AB150, s. 3994 Section 3994. 118.40 (7) (b) of the statutes is renumbered 118.40 (7).

AB150, s. 3995 Section 3995. Subchapter II of chapter 118 [precedes 118.50] of the statutes is created to read:

AB150,1398,16 Chapter 118

AB150,1398,18 Subchapter II Enrollment options programs

AB150,1398,19 118.50 Definitions. In this subchapter:

AB150,1398,20 (1) "Attendance area" has the meaning given in s. 121.845 (1).

AB150,1398,21 (4) "Parent" includes a guardian.

AB150,1399,11 118.51 Interdistrict school choice. (1) Applicability; application procedures. (a) Beginning in the 1996-97 school year, a pupil may attend a public school, including a prekindergarten, early childhood or school-operated day care program, outside his or her school district of residence under this section. The pupil's parent shall submit an application, on a form provided by the state superintendent, to the school board of the school district that the pupil wishes to attend by February 1 of the school year immediately preceding the school year in which he or she wishes to attend, and shall send a copy of the application to the school board of the school district of residence. The application may include a request to attend a specific school or program offered by the school district. By April 1 following receipt of the application, the school board shall notify the applicant, in writing, whether the application has been accepted. If the school board rejects an application, it shall include in the notice the reason for the rejection. By May 1 following receipt of a notice of acceptance, the pupil's parent shall notify the school board of the pupil's intent to attend school in the school district in the following school year.

AB150,1399,16 (am) A school board may not act on any application received under par. (a) until after February 1. A school board shall act on applications in the order in which they were received, except that if a school board receives more applications for a particular grade or program than there are spaces available in the grade or program the school board shall determine which pupils to accept on a random basis.

AB150,1399,20 (b) Annually by May 15, each school board of a school district that has accepted nonresident pupils under this section shall notify the school board of the school district of residence of the names of the pupils from the latter school district who will be attending the former school district in the following school year.

AB150,1400,5 (c) 1. If a pupil's parent notifies the school board of a nonresident school district that the pupil intends to attend school in that school district in the following school year under par. (a), the pupil shall attend that school district in the following school year. If at any time the pupil wishes to reattend school in his or her school district of residence, the pupil's parent shall notify the school boards of the school districts of residence and of attendance by February 1 preceding the school year in which the pupil will begin reattending the school district of residence. If at any time the pupil wishes to attend school in a school district other than the school district that he or she is currently attending or his or her school district of residence, the pupil's parent shall follow the application procedure under par. (a).

AB150,1400,8 2. Notwithstanding subd. 1., a pupil attending school outside his or her school district of residence under this section may reattend school in his or her school district of residence at any time if the school boards of both school districts agree.

AB150,1400,12 (2) Acceptance criteria. (a) By December 1, 1995, each school board shall adopt a resolution specifying criteria for accepting and rejecting applications. If the school board wishes to revise the criteria, it shall do so by resolution. The criteria may include any of the following:

AB150,1400,15 1. The availability of space in the school, program, class or grade. The school board may give preference in attendance at a school, program, class or grade to residents of the school district who live outside the school's attendance area.

AB150,1400,17 2. Whether the pupil is involved in a disciplinary proceeding, as determined by the school board of the school district to which the pupil has applied.

AB150,1400,21 (am) The criteria may not include academic achievement, athletic or other special ability, English language proficiency, the presence of a physical, mental, emotional or learning disability, previous disciplinary proceedings or anything else not specified in par. (a) 1. and 2., except as provided under par. (b).

AB150,1400,25 (b) 1. A school board shall reject an application if acceptance would violate a court-ordered plan, or a plan established under s. 121.85 (4), to reduce racial imbalance in the school district, or would be harmful to the efforts of the school board to achieve racial balance in the school district under s. 121.85 or 121.86.

AB150,1401,2 2. A school board shall give preference in accepting applications to siblings of pupils who are already attending public school in the school district.

AB150,1401,5 (c) 1. A school board may prohibit a resident pupil from attending school in another school district under this section if the school board determines that the pupil is involved in a disciplinary proceeding.

AB150,1401,10 2. A school board shall prohibit a resident pupil from attending school in another school district under this section if allowing such attendance would violate a court-ordered plan, or a plan established under s. 121.85 (4), to reduce racial imbalance in the school district, or would be harmful to the efforts of the school board to achieve racial balance in the school district under s. 121.85 or 121.86.

AB150,1401,15 3. In the 1996-97 school year, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts to 5% of its membership. In the 1997-98 school year, the school board of the school district of residence may limit the number of resident pupils attending public school in other school districts to 10% of its enrollment.

AB150,1401,20 (3) Appeal of rejection. If an application is rejected under sub. (1) (a) or a pupil is prohibited from attending school in another school district under sub. (2) (c), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB150,1401,24 (4) Rights and privileges of nonresident pupils. A pupil attending a public school outside of his or her school district of residence under this section has all of the rights and privileges of resident pupils and is subject to the same rules and regulations as resident pupils.

AB150,1402,3 (6) Transportation. The parent of a pupil attending a public school outside of the pupil's school district of residence under this section is responsible for transporting the pupil to and from school.

AB150,1402,11 (7) Tuition. The school board of the school district of residence shall pay to the school board of the school district of attendance, for each pupil attending a public school outside of his or her school district of residence under this section, tuition calculated under s. 121.83 for either the school district of residence or the school district of attendance, whichever is lower, or an amount agreed to by the school boards of the 2 school districts. The amount to be paid and a payment schedule shall be specified in a written agreement. If the school boards cannot agree on the amount of tuition, the state superintendent shall determine the amount.

AB150,1402,15 (8) Information. Each school board shall provide information about its schools and programs in the format and manner prescribed by the state superintendent. The school board may not provide information in a manner that is designed to recruit nonresident pupils to attend the school district under this section.

AB150,1402,19 118.52 Interdistrict enrollment options. (1) Beginning in the 1996-97 school year, a pupil enrolled in a public school may attend a public school outside his or her school district of residence under this section for the purpose of taking one or more courses offered by the other school district, if all of the following apply:

AB150,1402,21 (a) The pupil continues to attend public school in his or her school district of residence for at least one course.

AB150,1402,23 (b) The school board of the other school district determines that there is space available in the course or courses.

AB150,1402,25 (c) The school board of the school district of residence determines that it does not offer, or have space available in, a comparable course or courses.

AB150,1403,3 (d) If the courses are offered in the high school grades, the school board of residence determines that the courses satisfy high school graduation requirements under s. 118.33 in that school district.

AB150,1403,5 (e) The pupil meets all of the prerequisites for the course or courses that apply to pupils who reside in the other school district.

AB150,1403,8 (2) Section 118.51 (1) to (4) applies to pupils under this section, except that if the school board of the other school district accepts the application the acceptance applies only for the following school year.

AB150,1403,11 (3) The parent of a pupil attending a public school outside of the pupil's school district of residence under this section is responsible for transporting the pupil to and from the course or courses that the pupil is attending.

AB150,1403,16 (4) The school board of the school district of residence shall pay to the school board of the other school district for each pupil attending one or more courses at a public school outside of his or her school district of residence under this section an amount equal to the cost of providing the course or courses to the pupil, calculated as determined by the state superintendent.

AB150,1403,21 118.53 Intradistrict enrollment options. (1) Beginning in the 1996-97 school year, a pupil enrolled in a public school may attend a public school located within the pupil's school district of residence but outside the pupil's attendance area under this section for the purpose of taking one or more courses offered by the school if all of the following apply:

AB150,1403,24 (a) The school board determines that there is space available in the course or courses. The school board shall reserve space in a course for pupils who reside in the attendance area for the school in which the course is offered.

AB150,1404,2 (b) The school board determines that the pupil meets all of the prerequisites for the course or courses.

AB150,1404,6 (2) (a) Except as provided in par. (b), the school board shall establish policies and procedures for application, notification and acceptance or rejection and shall make information about the policies and procedures available to school district residents.

AB150,1404,8 (b) 1. The school board may not reject an application based on the pupil's academic achievement.

AB150,1404,10 2. Section 118.51 (2) (b) 1. applies to the acceptance and rejection of applications under this section.

AB150,1404,12 3. Acceptance of an application under this section applies only to the following school year.

AB150,1404,14 4. The school board may reject an application if the pupil is involved in a disciplinary proceeding.

AB150,1404,15 (3) Section 118.51 (4) applies to pupils under this section.

AB150,1404,17 (4) Section 118.52 (3) applies to the transportation of pupils to and from courses under this section.

AB150,1404,22 118.54 School districts participating in a special transfer program. (1) If the school board of a school district participating in a program under s. 121.85 or 121.86 determines that the application deadlines under s. 118.51 or 118.52 conflict with procedures necessary to implement the program under s. 121.85 or 121.86, the school board may modify the deadlines under ss. 118.51 and 118.52.

AB150,1405,2 (2) Notwithstanding ss. 118.51 (1) and 118.52 (2), the parent of a pupil who resides in a school district participating in a program under s. 121.85 or 121.86 shall submit the application to the school board of the school district of residence. If the school board of the school district of residence approves the application, it shall forward the application to the school district of attendance.

AB150,1405,8 (3) If the school board of a school district participating in a program under s. 121.85 or 121.86 believes that any provision in ss. 118.51 to 118.53 is harmful to the program or to the school district's efforts to achieve racial balance, the school board may request the department to modify the provision. If the department determines that the provision is harmful to the program or to the school district's efforts, department shall modify the provision for that school district.