SB45: Bill Text

SB45,993,9 118.30 (1g) (b) Each school board operating high school grades and each operator of a charter school under s. 118.40 (2r) that operates high school grades shall adopt a high school graduation examination that is designed to measure whether pupils meet the pupil academic standards adopted by the school board or operator of the charter school under par. (a). If the school board or operator of the charter school has adopted the pupil academic standards issued as an executive order under s. 14.23 no. 326, dated January 13, 1998, the school board or operator of the charter school may adopt the high school graduation examination developed by the department under sub. (1) (b). If a school board or operator of a charter school develops and adopts its own high school graduation examination, it shall notify the department annually by October 1 that it intends to administer the examination in the following school year.

SB45, s. 2075 Section 2075. 118.30 (1g) (c) of the statutes is amended to read:

SB45,993,17 118.30 (1g) (c) Each school board operating elementary grades and each operator of a charter school under s. 118.40 (2r) that operates elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board or operator of the charter school develops or adopts an examination under this paragraph, it shall notify the department.

SB45, s. 2076 Section 2076. 118.30 (1m) (intro.) of the statutes is amended to read:

SB45,993,20 118.30 (1m) (intro.) Except as otherwise provided in this section and in s. 118.40 (2r) (d), annually each school board shall do all of the following:

SB45, s. 2077 Section 2077. 118.30 (1m) (b) of the statutes is amended to read:

SB45,993,25 118.30 (1m) (b) Administer the 10th grade examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 10th grade. This paragraph does not apply after the 2000-01 school year.

SB45, s. 2078 Section 2078. 118.30 (1m) (d) of the statutes is renumbered 118.30 (1m) (d) 1. and amended to read:

SB45,994,9 118.30 (1m) (d) 1. If the school board operates high school grades, beginning in the 2000-01 school year administer the high school graduation examination adopted by the school board under sub. (1g) (b) to pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district. The school board shall administer the examination at least twice each school year. The school board shall determine the high school grades in which the examination will be administered each school year.

SB45, s. 2079 Section 2079. 118.30 (1m) (d) 2. of the statutes is created to read:

SB45,994,17 118.30 (1m) (d) 2. If the school board operates high school grades, beginning in the 2001-02 school year administer the high school graduation examination adopted by the school board under sub. (1g) (b) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 11th and 12th grades. The school board shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.

SB45, s. 2080 Section 2080. 118.30 (1r) of the statutes is created to read:

SB45,994,20 118.30 (1r) Annually each operator of a charter school under s. 118.40 (2r) shall do all of the following:

SB45,995,2 (a) 1. Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the charter school in the 4th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed or adopted its own 4th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5m) (a) 1.

SB45,995,7 2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the charter school in the 4th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

SB45,995,14 (am) 1. Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the charter school in the 8th grade. Beginning on July 1, 2002, if the operator of the charter school has not developed and adopted its own 8th grade examination, the operator of the charter school shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5m) (b) 1.

SB45,995,19 2. Beginning on July 1, 2002, if the operator of the charter school has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the charter school in the 8th grade. The operator of the charter school shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

SB45,995,21 (b) Administer the 10th grade examination to all pupils enrolled in the charter school in the 10th grade.

SB45,996,2 (d) 1. If the charter school operates high school grades, in the 2000-01 school year administer the high school graduation examination adopted by the operator of the charter school under sub. (1g) (b) at least twice. The operator of the charter school shall determine the high school grades in which the examination will be administered.

SB45,996,8 2. If the charter school operates high school grades, beginning in the 2001-02 school year, administer the high school graduation examination adopted by the operator of the charter school under sub. (1g) (b) to all pupils enrolled in the 11th and 12th grades in the charter school. The operator of the charter school shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.

SB45, s. 2081 Section 2081. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

SB45,996,12 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or operator of the charter school under s. 118.40 (2r) shall comply with s. 115.77 (1) (1m) (bg).

SB45,996,18 2. According to criteria established by the state superintendent by rule, the school board or operator of the charter school under s. 118.40 (2r) may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.

SB45, s. 2082 Section 2082. 118.30 (2) (b) 3. of the statutes is amended to read:

SB45,996,22 118.30 (2) (b) 3. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under this section sub. (1m) (a), (am) or (b).

SB45, s. 2083 Section 2083. 118.30 (5m) of the statutes is created to read:

SB45,997,3 118.30 (5m) (a) Except as provided in par. (c), beginning on July 1, 2002, the operator of a charter school under s. 118.40 (2r) may not promote a 4th grade pupil to the 5th grade unless one of the following applies:

SB45,997,7 1. If the operator of the charter school does not administer its own 4th grade examination under sub. (1r) (a) 2., the pupil's score in each subject area on the examination administered under sub. (1r) (a) 1. is at the basic level or above, as determined by the state superintendent.

SB45,997,10 2. If the operator of the charter school board administers its own 4th grade examination under sub. (1r) (a) 2., the pupil achieves a passing score on that examination, as determined by the operator of the charter school.

SB45,997,13 (b) Except as provided in par. (c), beginning on July 1, 2002, the operator of a charter school under s. 118.40 (2r) may not promote an 8th grade pupil to the 9th grade unless one of the following applies:

SB45,997,17 1. If the operator of the charter school board does not administer its own 8th grade examination under sub. (1r) (am) 2., the pupil's score in each subject area on the examination administered under sub. (1r) (am) 1. is at the basic level or above, as determined by the state superintendent.

SB45,997,20 2. If the operator of the charter school administers its own 8th grade examination under sub. (1r) (am) 2., the pupil achieves a passing score on that examination, as determined by the operator of the charter school.

SB45,998,2 (c) The operator of a charter school under s. 118.40 (2r) shall develop alternative criteria for evaluating a pupil who did not take the 4th grade or the 8th grade examination that was required for promotion as a result of sub. (2) (b). The operator of the charter school may promote a pupil who did not take the examination that was required for promotion as a result of sub. (2) (b) if the pupil satisfies the alternative criteria.

SB45, s. 2084 Section 2084. 118.30 (6) of the statutes is amended to read:

SB45,998,11 118.30 (6) A school board and an operator of a charter school under s. 118.40 (2r) is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) (a) if the school board or the operator of the charter school administers its own 4th and 8th grade examinations, the school board or operator of the charter school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1) (a), and the federal department of education approves.

SB45, s. 2085 Section 2085. 118.33 (1) (cm) of the statutes is amended to read:

SB45,998,18 118.33 (1) (cm) Except as provided in par. (e), beginning on September 1, 2002, neither a school board nor an operator of a charter school under s. 118.40 (2r) may not grant a high school diploma to any pupil unless the pupil has passed the high school graduation examination administered under s. 118.30 (1m) (d) or (1r) (d). A school board and an operator of a charter school under s. 118.40 (2r) shall provide a pupil with at least 4 opportunities to take the examination in the high school grades.

SB45, s. 2086 Section 2086. 118.33 (1) (e) of the statutes is amended to read:

SB45,999,4 118.33 (1) (e) Each school board and operator of a charter school under s. 118.40 (2r) shall develop alternative criteria for evaluating a pupil who has been excused from the high school graduation examination under s. 118.30 (2) (b) 3. 1. or 2. A school board may grant a high school diploma to a pupil who has been excused from the high school graduation examination under s. 118.30 (2) (b) 3. 1. or 2. if the pupil satisfies all of the other requirements under this subsection and satisfies the other alternative criteria. The operator of a charter school under s. 118.40 (2r) may grant a high school diploma to a pupil who has been excused from the high school graduation examination under s. 118.30 (2) (b) 1. or 2. if the pupil satisfies the alternative criteria.

SB45, s. 2087 Section 2087. 118.38 (1) (a) 7. of the statutes is amended to read:

SB45,999,7 118.38 (1) (a) 7. Licensure or certification under s. 115.28 (7) or (7m) other than the licensure of the school district administrator or business manager.

SB45, s. 2088 Section 2088. 118.40 (2) (a) of the statutes is amended to read:

SB45,999,14 118.40 (2) (a) 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 and the fiscal impact of the establishment of the charter school on the school district. After the hearing, the school board may grant the petition.

SB45, s. 2089 Section 2089. 118.40 (2) (c) of the statutes is amended to read:

SB45,999,22 118.40 (2) (c) The school board of the school district operating under ch. 119 shall either grant or deny the petition within 30 days after the public hearing. If the school board of the school district operating under ch. 119 denies a petition, the person seeking to establish the charter school may, within 30 days after the denial, appeal the denial to the department. The department shall issue a decision within 30 days after receiving the appeal. The department's decision is final and not subject to judicial review under ch. 227.

SB45, s. 2090 Section 2090. 118.40 (2r) (d) 2. of the statutes is amended to read:

SB45,999,25 118.40 (2r) (d) 2. Administer the examinations under ss. 118.30 (1m) (1r) and 121.02 (1) (r) to pupils enrolled in charter schools under this subsection.

SB45, s. 2091 Section 2091. 118.40 (2r) (f) of the statutes is repealed.

SB45, s. 2092 Section 2092. 118.40 (2r) (g) of the statutes is repealed.

SB45, s. 2093 Section 2093. 118.40 (7) (am) 1. of the statutes is amended to read:

SB45,1000,11 118.40 (7) (am) 1. Except as provided in subds. subd. 2. and 3., if a charter school is established under sub. (2m) and located in the school district operating under ch. 119, the school board of that school district shall determine whether or not the charter school is an instrumentality of the school district. If the school board determines that a charter school is an instrumentality of the school district, the school board shall employ all personnel for the charter school. If the school board determines that a charter school is not an instrumentality of the school district, the school board may not employ any personnel for the charter school.

SB45, s. 2094 Section 2094. 118.40 (7) (am) 3. of the statutes is repealed.

SB45, s. 2095 Section 2095. 118.42 of the statutes is repealed.

SB45, s. 2096 Section 2096. 118.43 (2) (a) of the statutes is amended to read:

SB45,1000,20 118.43 (2) (a) The school board of any school district in which a school in the previous school year had an enrollment that was at least 50% low-income is eligible to participate in the program under this section, except that a school board is eligible to participate in the program under this section in the 2000-01 school year if in the 1998-99 school year a school in the school district had an enrollment that was at least 50% low-income.

SB45, s. 2097 Section 2097. 118.43 (2) (b) (intro.) of the statutes is amended to read:

SB45,1000,25 118.43 (2) (b) (intro.) In the 1996-97 and 1998-99 school years year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one school in the school district if all of the following apply:

SB45, s. 2098 Section 2098. 118.43 (2) (bg) of the statutes is created to read:

SB45,1001,4 118.43 (2) (bg) In the 1998-99 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one school in the school district if all of the following apply:

SB45,1001,6 1. In the previous school year, the school had an enrollment that was at least 30% low-income.

SB45,1001,8 2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of the school under s. 115.45.

SB45, s. 2099 Section 2099. 118.43 (2) (br) of the statutes is created to read:

SB45,1001,13 118.43 (2) (br) In the 2000-01 school year, the school board of an eligible school district other than the school district operating under ch. 119 may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if all of the following apply:

SB45,1001,15 1. In the previous school year, each school had an enrollment that was at least 62% low-income.

SB45,1001,17 2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of any of the schools under s. 115.45.

SB45,1001,20 3. The school board, if eligible to participate in the program under this section in the 1996-97 and 1998-99 school years, had participated in the program during either school year.

SB45,1001,21 4. None of the schools is a beneficiary of a contract under this section.

SB45,1001,23 5. None of the schools is a school to which schools that are beneficiaries of contracts under this section are compared for the evaluation under sub. (7).

SB45, s. 2100 Section 2100. 118.43 (2) (bt) of the statutes is created to read:

SB45,1002,4 118.43 (2) (bt) In the 2000-01 school year, the school board of the school district operating under ch. 119 may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if all of the following apply:

SB45,1002,6 1. In the previous school year, each school had an enrollment that was at least 80% low-income.

SB45,1002,8 2. The school board is not receiving a grant under the preschool to grade 5 program under s. 115.45 on behalf of any of the schools.

SB45,1002,9 3. None of the schools is a beneficiary of a contract under this section.

SB45,1002,11 4. None of the schools is a school to which schools that are beneficiaries of contracts under this section are compared for the evaluation under sub. (7).

SB45, s. 2101 Section 2101. 118.43 (2) (c) of the statutes is amended to read:

SB45,1002,16 118.43 (2) (c) Notwithstanding par. pars. (b) and (bg), the school board of the school district operating under ch. 119 may enter into an achievement guarantee contract on behalf of up to 10 schools under par. (b) and up to 10 schools under par. (bg).

SB45, s. 2102 Section 2102. 118.43 (2) (e) 1. of the statutes is amended to read:

SB45,1002,23 118.43 (2) (e) 1. If the school board of an eligible school district does not enter into an achievement guarantee contract with the department, a school board that has entered into such a contract, other than the school board of the school district operating under ch. 119, may apply to the department to enter into such a contract on behalf of one additional school or more schools that meets meet the requirements under par. (b), (bg) or (br).

SB45, s. 2103 Section 2103. 118.43 (2) (f) of the statutes is amended to read:

SB45,1003,2 118.43 (2) (f) The department may not enter into an achievement guarantee contract with a school board on behalf of a school after June 30, 1999 2001.

SB45, s. 2104 Section 2104. 118.43 (3) (intro.) of the statutes is amended to read:

SB45,1003,6 118.43 (3) Contract requirements. (intro.) Except as provided in par. pars. (am) and (ar), an achievement guarantee contract shall require the school board to do all of the following in each participating school:

SB45, s. 2105 Section 2105. 118.43 (3) (ar) of the statutes is created to read:

SB45,1003,9 118.43 (3) (ar) Class size; additional contracts. For contracts that begin in the 2000-01 school year, reduce each class size to 15 in the following manner:

SB45,1003,10 1. In the 2000-01 school year, in at least grades kindergarten and one.

SB45,1003,11 2. In the 2001-02 school year, in at least grades kindergarten to 2.

SB45,1003,13 3. In the 2002-03 to 2004-05 school years, in at least grades kindergarten to 3.

SB45, s. 2106 Section 2106. 118.43 (5) (b) of the statutes is amended to read:

SB45,1003,25 118.43 (5) (b) At the end of the 1997-98, 1998-99, 1999-2000, 2000-01 and 2001-02 school years Annually by June 30 through the 2003-04 school year, a committee consisting of the state superintendent, the chairpersons of the education committees in the senate and assembly and the individual chiefly responsible for the evaluation under sub. (7) shall review the progress made by each school for which an achievement guarantee contract has been entered into. The committee may recommend to the department that the department terminate a contract if the committee determines that the school board has violated the contract or if the school has made insufficient progress toward achieving its performance objectives under sub. (4) (c). The department may terminate the contract if it agrees with the committee's recommendation.