LRB-1112/1
MJL:mfd:jlb
1997 - 1998 LEGISLATURE
November 24, 1997 - Introduced by Representatives Olsen, Underheim, Duff,
Gard, Albers, Ott, Ainsworth, Johnsrud, Grothman, Owens, Brandemuehl,
Walker, Ladwig
and Vrakas, cosponsored by Senators Darling, Farrow,
Huelsman, Welch
and Roessler. Referred to Committee on Education.
AB631,1,3 1An Act to repeal 118.40 (3) (d) and 118.40 (7) (a); to renumber 118.40 (7) (b);
2and to amend 116.032 (1), 116.08 (4), 118.40 (1m) (b) 7., 118.40 (2m) (a), 118.40
3(3) (c) and 118.40 (7) (title) of the statutes; relating to: charter schools.
Analysis by the Legislative Reference Bureau
Under current law, a charter school is a school under contract with a school
board that is operated by an individual (or group) and that is exempt from most laws
governing public schools. A school board may not enter into a contract for the
establishment of a charter school located outside the school district unless 2 or more
school boards enter into such an agreement, in which case the charter school must
be located in one of the school districts. This bill authorizes a school board to contract
with an individual, partnership, association or politic or corporate body to operate
a school as a charter school. The bill also provides that if one or more school boards
contracts with the board of control of a cooperative educational service agency
(CESA) to operate a charter school, the charter school must be located within the
CESA.
Current law prohibits a school board, other than the Milwaukee Public School
(MPS) board, from entering into a contract that would result in the conversion of a
private school to a charter school. This bill prohibits any school board, other than
the MPS board, from entering into a contract that would result in the conversion of
a private, sectarian school to a charter school.
Current law requires school boards to give preference in awarding contracts for
operating charter schools to those charter schools that serve children at risk. This
bill eliminates this requirement.

Current law provides that all charter schools, except for MPS charter schools,
are instrumentalities of the school district in which they are located and the school
board of those districts must employ all the charter school personnel. This bill
repeals this provision.
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:
AB631, s. 1 1Section 1. 116.032 (1) of the statutes is amended to read:
AB631,2,72 116.032 (1) Subject to subs. (2) to (5), for the purpose of providing services to
3pupils a board of control may contract with school districts, University of Wisconsin
4System institutions and centers, technical college district boards, private schools,
5and agencies or organizations that provide services to pupils. A board of control may
6also contract with one or more school boards to operate a charter school under s.
7118.40 (3) (c).
AB631, s. 2 8Section 2. 116.08 (4) of the statutes is amended to read:
AB631,2,189 116.08 (4) Whenever Except for the operation of a charter school under s.
10118.40 (3) (c), whenever
an agency performs any service or function under chs. 115
11to 121 by contract with a county board or any agency thereof, with a school board or
12with a county handicapped children's education board, the contract may authorize
13the agency to make claim for and receive the state aid for performing the service or
14function. The agency shall transmit a certified copy of the contract containing the
15authority to collect state aid to the department. When an agency receives the state
16aid, it shall pay over or credit the amount of state aid received to the proper county
17or agency thereof, school district or county handicapped children's education board
18for which the service or function was performed according to the contract therefor.
AB631, s. 3 19Section 3. 118.40 (1m) (b) 7. of the statutes is amended to read:
AB631,3,2
1118.40 (1m) (b) 7. Subject to sub. (7) (a) and ss. 118.19 (1) and 121.02 (1) (a) 2.,
2the qualifications that must be met by the individuals to be employed in the school.
AB631, s. 4 3Section 4. 118.40 (2m) (a) of the statutes is amended to read:
AB631,3,74 118.40 (2m) (a) A school board may on its own initiative contract with an
5individual or group
a person to operate a school as a charter school. The contract
6shall include all of the provisions specified under sub. (1m) (b) and may include other
7provisions agreed to by the parties.
AB631, s. 5 8Section 5. 118.40 (3) (c) of the statutes is amended to read:
AB631,3,189 118.40 (3) (c) A school board may not enter into a contract for the establishment
10of a charter school located outside the school district, except that if 2 or more school
11boards enter into an agreement under s. 66.30 to establish a charter school, the
12charter school shall be located within one of the school districts , and if one or more
13school boards enter into an agreement with the board of control of a cooperative
14educational service agency to establish a charter school, the charter school shall be
15located within the boundaries of the cooperative educational service agency
. A school
16board, other than the school board of the school district operating under ch. 119, may
17not enter into a contract that would result in the conversion of a private, sectarian
18school to a charter school.
AB631, s. 6 19Section 6. 118.40 (3) (d) of the statutes is repealed.
AB631, s. 7 20Section 7. 118.40 (7) (title) of the statutes is amended to read:
AB631,3,2121 118.40 (7) (title) Legal status; applicability Applicability of school laws.
AB631, s. 8 22Section 8. 118.40 (7) (a) of the statutes is repealed.
AB631, s. 9 23Section 9. 118.40 (7) (b) of the statutes is renumbered 118.40 (7).
AB631, s. 10 24Section 10. Initial applicability.
AB631,4,2
1(1) The treatment of section 118.40 (7) (a) of the statutes first applies to the legal
2status of charter schools that are established on the effective date of this subsection.
AB631,4,33 (End)
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