AP8 SB2: Bill Text

Other provisions

Current law authorizes the board of school directors for a 1st class city to contract with any nonsectarian private school located in the city to provide educational programs for pupils enrolled in the school district. Current law also prohibits a school board other than the board of school directors for a 1st class city from entering into a contract for the conversion of a private school to a charter school.

Current law authorizes the board of school directors for a 1st class city to close any school that it determines is low in performance (school closing statute). If the board of school directors closes a school or reopens a school that has been closed, the superintendent of schools may reassign the school's staff without regard to seniority in service. In addition, the board of school directors is prohibited from bargaining collectively with respect to: 1) the reassignment of employes who perform services for the board, with or without regard to seniority, as the result of a decision of the board to contract with an individual or group to operate a charter school or to convert a school to a charter school, or the impact of any such decision on the wages, hours or conditions of employment of the employes who perform those services; 2) any decision of the board to contract with a private nonsectarian school or private nonsectarian agency in the city to provide educational programs to pupils, or the impact of any such decision on the wages, hours or conditions of employment of the employes who perform those services; or 3) the reassignment of employes who perform services for the board, with or without regard to seniority, as the result of a decision of the board to close or reopen a school, or the impact of any such reassignment on the wages, hours or conditions of employment of the employes who perform those services.

On June 2, 1997, the Milwaukee County Circuit Court in Milwaukee Teachers' Education Association v. Milwaukee Board of School Directors (consolidated cases Nos. 95 CV 011243 and 96 CV 005849) issued a decision holding that the school closing statute, the collective bargaining statute, the statute authorizing the board of school directors to contract for educational programs and the statute concerning the conversion of a private school to a charter school were private or local laws whose enactment as part of 1995 Wisconsin Act 27 (the 1995-97 biennial budget act) violated article IV, section 18, of the Wisconsin Constitution, which provides that no private or local bill that is passed by the legislature may embrace more than one subject.

This bill repeals and recreates, without change, the collective bargaining statute, the statute authorizing the board of school directors to contract for educational programs and the statute concerning the conversion of a private school to a charter school. The bill also repeals and recreates the school closing statute. As recreated by the bill, the statute allows the board of school directors to reorganize any school that it determines is low in performance. If the board of school directors reorganizes a school, the superintendent of schools may reassign the school's staff without regard to seniority in service and may reassign other employes of the board to the school without regard to seniority in service.

Under current law, a school district that participates in the intradistrict special transfer program, which allows pupils to attend public school outside their attendance area in order to reduce racial imbalance in the school district, receives additional state aid.

This bill provides that, beginning in the 1998-99 school year, MPS must use at least 10% of the intradistrict aid that it receives in each school year to build or lease neighborhood schools.

This bill directs the MPS board of school directors to contract with the Boys and Girls Clubs of Greater Milwaukee to provide case managers at selected middle and high schools to work with school staff, pupils and their families to improve the attendance rate of pupils enrolled at the selected schools. The contract may not extend beyond June 30, 2000.

Under current law, beginning in the 1998-99 fiscal year JCF determines the amount appropriated as general school aid. This bill specifies the amount appropriated as general school aid in the 1998-99 fiscal year and directs JCF to determine the amount in each fiscal year thereafter.

This bill also provides aid to MPS for after-school educational, recreational and health programs.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB2, s. 1 Section 1. 5.58 (1g) (b) of the statutes is repealed.

SB2, s. 2 Section 2. 5.58 (1g) (c) of the statutes is amended to read:

SB2,6,8 5.58 (1g) (c) The arrangement of candidates for school board seats shall be determined by the school district clerk or the executive director of the city board of election commissioners by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. The method of determining arrangement shall be the same as provided in s. 5.60 (1) (b). Sufficient space shall be provided on the ballot for write-in candidates.

SB2, s. 3 Section 3. 5.58 (2) (a) of the statutes is amended to read:

SB2,6,20 5.58 (2) (a) There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17 and county supervisor. In counties having a population of 500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge and circuit court judge shall be determined by the board in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b). The ballot shall be titled "Official Ballot for State Superintendent of Public Instruction, Judicial, County Executive and County Supervisor Primary".

SB2, s. 4 Section 4. 5.58 (3) of the statutes is amended to read:

SB2,7,12 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent, for any judicial office, for any elected seat on a metropolitan sewerage commission or town sanitary district commission, in counties having a population of 500,000 or more only 2 candidates for member of the board of supervisors within each district, in counties having a population of less than 500,000 only 2 candidates for each member of the county board of supervisors from each district or numbered seat or only 4 candidates for each 2 members of the county board of supervisors from each district whenever 2 supervisors are elected to unnumbered seats from the same district, in 1st class cities only 2 candidates for any at-large seat and only 2 candidates from any election district to be elected to the board of school directors, in school districts electing school board members to numbered seats, or pursuant to an apportionment plan or district representation plan, only 2 school board candidates for each numbered seat or within each district, and twice as many candidates as are to be elected members of other school boards or other elective officers receiving the highest number of votes at the primary shall be nominees for the office at the spring election. Only their names shall appear on the official spring ballot.

SB2, s. 5 Section 5. 5.60 (4) (b) of the statutes is renumbered 5.64 (4).

SB2, s. 6 Section 6. 5.62 (4m) of the statutes is created to read:

SB2,7,17 5.62 (4m) (a) In 1st class cities, there shall be a separate ballot for school district officers when so required, giving the names of the candidates for any seat to be filled on the board of school directors at large and from any election district.

SB2,7,22 (b) The arrangement of the names of the candidates for seats on the board of school directors shall be determined by the executive director of the city board of election commissioners by the drawing of lots not later than the 3rd Tuesday in July. The method of determining arrangement shall be the same as provided in s. 5.60 (1) (b). Sufficient space shall be provided on the ballot for write-in candidates.

SB2,8,2 (c) Only the 2 candidates for election to the board of school directors receiving the highest numbers of votes at large and within each election district at the primary shall be nominees for the board of school directors at the general election. Only their names shall appear on the official general election ballot.

SB2, s. 7 Section 7. 5.64 (4) (title) of the statutes is created to read:

SB2,8,4 5.64 (4) (title) First class city school board.

SB2, s. 8 Section 8. 8.10 (3) (i) of the statutes is amended to read:

SB2,8,10 8.10 (3) (i) For city offices in 1st class cities, not less than 1,500 nor more than 3,000 electors for city-wide offices, not less than 200 nor more than 400 electors for alderpersons elected from aldermanic districts and not less than 400 nor more than 800 electors for members of the board of school directors elected from election districts.

SB2, s. 9 Section 9. 8.15 (5) (a) of the statutes is amended to read:

SB2,8,13 8.15 (5) (a) Each Except as provided in ss. 119.06 (4) (c) and 119.08 (2), each nomination paper shall have substantially the following words printed at the top:

SB2,8,22 I, the undersigned, request that the name of (insert candidate's last name plus first name, nickname or initial, and middle name, former legal surname, nickname or middle initial or initials if desired, but no other abbreviations or titles) residing at (insert candidate's street address) be placed on the ballot at the (general or special) election to be held on (date of election) as a candidate representing the (name of party) so that voters will have the opportunity to vote for (him or her) for the office of (name of office). I am eligible to vote in (name of jurisdiction or district in which candidate seeks office). I have not signed the nomination paper of any other candidate for the same office at this election.

SB2, s. 10 Section 10. 8.15 (6) (f) of the statutes is created to read:

SB2,9,2 8.15 (6) (f) In 1st class cities, not less than 1,500 nor more than 3,000 electors for member of the board of school directors elected at large, and not less than 400 nor more than 800 electors for member of the board of school directors elected from an election district.

SB2, s. 11 Section 11. 17.01 (8m) of the statutes is created to read:

SB2,9,5 17.01 (8m) By a commissioner appointed under s. 119.92 (1), to the appointing authority.

SB2, s. 12 Section 12. 17.125 of the statutes is created to read:

SB2,9,9 17.125 Removal of Milwaukee Public Schools commissioners. Notwithstanding s. 17.12 (1), a commissioner appointed under s. 119.92 (1) may be removed at the pleasure of the appointing authority.

SB2, s. 13 Section 13. 17.26 (2) of the statutes is amended to read:

SB2,9,12 17.26 (2) In a 1st class city school district operating under subch. I of ch. 119, by special election as provided under s. 119.08 (4).

SB2, s. 14 Section 14. 17.27 (3m) of the statutes is created to read:

SB2,9,16 17.27 (3m) Milwaukee Public Schools governing commission. A vacancy in the membership of the Milwaukee Public Schools governing commission shall be filled by the appointing authority.

SB2, s. 15 Section 15. 20.255 (2) (ac) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB2,9,24 20.255 (2) (ac) General equalization aids. A sum sufficient for the payment of educational aids under ss. 121.08, 121.09 and 121.105 and subch. VI of ch. 121 equal to $3,318,488,800 in the 1997-98 fiscal year, equal to $3,485,173,800 in the 1998-99 fiscal year and equal to the amount determined by the joint committee on finance under s. 121.15 (3m) (c) in each fiscal year thereafter, less the amount appropriated under par. (bi).

SB2, s. 16 Section 16. 20.255 (2) (ec) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB2,10,12 20.255 (2) (ec) Aid to Milwaukee public schools. The amounts in the schedule to correct the academic deficiencies of educationally and economically disadvantaged pupils, to create after-school educational, recreational and health programs, and to achieve a more effective and responsive educational program in the school district operating under ch. 119. In the 1993-94 fiscal year and in each fiscal year thereafter, the amount in the schedule shall be distributed according to the spending plan under s. 119.80. The department of public instruction may not distribute any funds in the appropriation under this paragraph in the 1993-94 fiscal year or in any fiscal year thereafter until the spending plan for that fiscal year has been approved under s. 119.80.

SB2, s. 17 Section 17. 20.255 (2) (ed) of the statutes is amended to read:

SB2,10,18 20.255 (2) (ed) (title) Youth service centers, truancy Truancy abatement and burglary suppression. The amounts in the schedule for youth service centers, truancy abatement and burglary suppression under 1993 Wisconsin Act 16, section 9145 (1t) (b) s. 119.55 (3). No moneys may be encumbered under this paragraph after June 30, 1996 2000.

SB2, s. 18 Section 18. 111.70 (4) (cm) 2m. of the statutes is created to read:

SB2,11,2 111.70 (4) (cm) 2m. `Open meetings.' The contract negotiation meetings between a board of school directors under ch. 119 and a labor organization recognized or certified to represent school district professional employes shall be open to the public at the request of either party or the parties jointly. This subdivision shall apply only to contract negotiation meetings that are conducted after the presentation of initial collective bargaining proposals under subd. 2. but before the commencement of mediation under subd. 3. Failure to comply with this subdivision is not cause to invalidate a collective bargaining agreement under this subchapter.

SB2, s. 19 Section 19. 111.70 (4) (m) (intro.), 1., 2. and 4. of the statutes are repealed and recreated to read:

SB2,11,6 111.70 (4) (m) Prohibited subjects of bargaining. (intro.) In a school district, the municipal employer is prohibited from bargaining collectively with respect to:

SB2,11,12 1. Reassignment of municipal employes who perform services for a board of school directors under ch. 119, with or without regard to seniority, as a result of a decision of the board of school directors to contract with an individual or group to operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school to a charter school, or the impact of any such reassignment on the wages, hours or conditions of employment of the municipal employes who perform those services.

SB2,11,17 2. Reassignment of municipal employes who perform services for a board of school directors, with or without regard to seniority, as a result of the decision of the board to reorganize a school under s. 119.18 (23), or the impact of any such reassignment on the wages, hours or conditions of employment of the municipal employes who perform those services.

SB2,11,21 4. Any decision of a board of school directors to contract with a school or agency to provide educational programs under s. 119.235, or the impact of any such decision on the wages, hours or conditions of employment of the municipal employes who perform services for the board.

SB2, s. 20 Section 20. 118.01 (2) (e) of the statutes is created to read:

SB2,11,24 118.01 (2) (e) Applicability. This subsection does not apply to the school district operating under subch. II of ch. 119.

SB2, s. 21 Section 21. 118.40 (1m) (a) of the statutes is amended to read:

SB2,12,2 118.40 (1m) (a) 1. A written petition requesting the school board to establish a charter school under this section may be filed with the school district clerk.

SB2,12,6 2. The petition shall be signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school of the school district. This subdivision does not apply to the school district operating under subch. II of ch. 119.

SB2, s. 22 Section 22. 118.40 (3) (c) of the statutes is repealed and recreated to read:

SB2,12,14 118.40 (3) (c) A school board may not enter into a contract for the establishment of a charter school located outside the school district, except that if 2 or more school boards enter into an agreement under s. 66.30 to establish a charter school, the charter school shall be located within one of the school districts. A school board, other than the school board of the school district operating under ch. 119, may not enter into a contract that would result in the conversion of a private school to a charter school.

SB2, s. 23 Section 23. 118.40 (5) (b) of the statutes is amended to read:

SB2,12,19 118.40 (5) (b) The pupils enrolled in the charter school failed to make sufficient progress toward attaining the educational goals under s. 118.01 (2). This paragraph does not apply to a charter school under contract with the Milwaukee Public Schools governing commission.

SB2, s. 24 Section 24. Chapter 119 (title) of the statutes is amended to read:

SB2,12,23 CHAPTER 119 FIRST CLASS CITY SCHOOL SYSTEM systems

SB2, s. 25 Section 25. Subchapter I (title) of chapter 119 [precedes 119.01] of the statutes is created to read:

SB2,13,1 CHAPTER 119

SB2,13,3 SUBCHAPTER I Board of school directors

SB2, s. 26 Section 26. 119.01 of the statutes is amended to read:

SB2,13,6 119.01 Applicability. This chapter subchapter applies only to cities of the 1st class.

SB2, s. 27 Section 27. 119.02 (intro.) of the statutes is amended to read:

SB2,13,9 119.02 Definitions. (intro.) In this chapter subchapter, unless the context clearly requires otherwise:

SB2, s. 28 Section 28. 119.06 (3) (intro.) and (a) of the statutes are repealed.

SB2, s. 29 Section 29. 119.06 (3) (b) of the statutes is renumbered 119.06 (3) and amended to read:

SB2,13,22 119.06 (3) Four of the combined aldermanic district Except as provided in sub. (4), the members first appointed to the board by the commission shall serve for a term terms beginning on the 4th Monday of the month next following their appointment and. The at-large member and the 4 members representing the even-numbered election districts shall be appointed for terms expiring on the 4th first Monday in April in December of the 4th first even-numbered year following the year in which a city becomes a 1st class city and the 4 members representing the odd-numbered election districts shall be appointed for terms expiring on the first Monday in December of the 2nd even-numbered year following the year in which a city becomes a city of the 1st class city.

SB2, s. 30 Section 30. 119.06 (4) (b) of the statutes is amended to read:

SB2,14,4 119.06 (4) (b) The board members elected at the special election shall be nominated and elected to succeed the board members appointed for the terms expiring under sub. (3) (a) and (b) (2) and for the same terms. The terms of office of the board members appointed under sub. (2) shall expire on the 4th Monday following the special election. The terms of office of the board members elected at the special election shall begin on the 4th Monday following the special election.

SB2, s. 31 Section 31. 119.06 (4) (c) and (d) of the statutes are amended to read:

SB2,14,8 119.06 (4) (c) Candidates for the board at the special election shall be nominated in the same manner as for the spring general election, except that the nomination paper format under s. 8.10 (2) (b) shall apply.

SB2,14,10 (d) The special election shall be held at the polling places and shall be conducted in the manner of and by the election officials for the spring general election.

SB2, s. 32 Section 32. 119.06 (5) and (6) of the statutes are amended to read:

SB2,14,16 119.06 (5) The board first appointed under sub. (2) or first elected at a special election under sub. (4) shall hold an organizational meeting under s. 119.10 (2) on the 4th Monday of the month following its appointment or election, or the next day if the 4th Monday is a legal holiday, following their appointment or election, and annually thereafter shall meet in accordance with s. 119.10 (2).

SB2,14,19 (6) Successors to board members appointed under sub. (3) (2) or elected under sub. (4) shall be elected at the spring general election immediately preceding the expiration of the terms of such board members and shall serve for 4-year terms.

SB2, s. 33 Section 33. 119.07 of the statutes is created to read:

SB2,15,3 119.07 Revised method of election of board; transitional provisions. (1) Notwithstanding s. 119.08 (1) (a) and (3), the terms of the members of the board of school directors of each 1st class city in existence on the effective date of this subsection .... [revisor inserts date], whose terms expire on the 4th Monday in April, 1999, are extended until the 4th Monday in November, 2000, and the terms of office of the members of the board of school directors of each such city whose terms expire on the 4th Monday in April, 2001, are extended until the 4th Monday in November, 2002.

SB2,15,11 (2) At the general election to be held in November, 2000, there shall be elected in each 1st class city in existence on the effective date of this subsection .... [revisor inserts date], 5 members of the board of school directors elected, one of whom shall be elected at large and 4 of whom shall be from even-numbered election districts prescribed under s. 119.08 (1) (b). At the general election to be held in November, 2002, there shall be elected in each such city 4 members of the board of school directors, who shall be elected from odd-numbered election districts prescribed under s. 119.08 (1) (b).

SB2,15,18 (3) Notwithstanding s. 119.10 (1) and (2), the board of school directors of each 1st class city in existence on the effective date of this subsection .... [revisor inserts date], shall hold an organizational meeting on the 4th Monday in April, 1999, and shall not hold any other organizational meeting in 1999. On the 4th Monday in April, 1999, the board of school directors of each such city shall elect officers, who shall hold office until the board holds its next organizational meeting under s. 119.10 (2) in 2000.

SB2, s. 34 Section 34. 119.07 of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.