LRB-3014/3
PG&MJL:lmk:ch
2005 - 2006 LEGISLATURE
August 30, 2005 - Introduced by Joint Legislative Council. Referred to
Committee on Education Reform.
AB631,1,4 1An Act to amend 118.40 (2r) (bm) and 118.40 (2r) (c) 1.; and to create 15.07 (1)
2(a) 7., 15.97, 20.240, 118.40 (2r) (b) 1m. and 118.40 (2r) (c) 4. of the statutes;
3relating to: the creation of the Tribal Charter School Authorizing Board, the
4establishment of charter schools by the board, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, school boards may enter into contracts with individuals,
groups, businesses, or governmental bodies to establish charter schools, which
operate with fewer constraints than traditional public schools. Current law also
permits the University of Wisconsin-Milwaukee, the University of
Wisconsin-Parkside, the Milwaukee Area Technical College, and the city of
Milwaukee to operate charter schools (independent charter schools) directly or to
contract for the operation of charter schools. With certain exceptions, only pupils
who reside in the school district in which an independent charter school is located
may attend the charter school. The operators of the independent charter schools
receive state aid for each pupil attending the charter school.
This bill creates an independent state agency, the Tribal Charter School
Authorizing Board. The board consists of one member representing each of
Wisconsin's 11 federally recognized American Indian tribes and bands, appointed by
and serving at the pleasure of the governing body of each tribe. The bill authorizes
the board to contract for the establishment of charter schools. The bill requires that
any charter school established be located on reservation or off-reservation trust

land. Only pupils who reside in the attendance area established by the board for that
charter school may attend the charter school.
For further information see the state 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. 15.07 (1) (a) 7. of the statutes is created to read:
AB631,2,32 15.07 (1) (a) 7. Members of the tribal charter school authorizing board shall be
3appointed as provided under s. 15.97.
AB631, s. 2 4Section 2. 15.97 of the statutes is created to read:
AB631,2,8 515.97 Tribal charter school authorizing board. (1) There is created a
6tribal charter school authorizing board consisting of one person representing each
7of the following federally recognized American Indian tribes and bands, appointed
8by and serving at the pleasure of the governing body of that tribe:
AB631,2,99 (a) Bad River Band of Lake Superior Chippewa Indians.
AB631,2,1010 (b) Red Cliff Band of Lake Superior Chippewa Indians.
AB631,2,1111 (c) Forest County Potawatomi Indian Community.
AB631,2,1212 (d) Ho-Chunk Nation of Wisconsin.
AB631,2,1313 (e) Lac Courte Oreilles Band of Lake Superior Chippewa Indians.
AB631,2,1414 (f) Lac du Flambeau Band of Lake Superior Chippewa Indians.
AB631,2,1515 (g) Menominee Indian Tribe of Wisconsin.
AB631,2,1616 (h) Oneida Tribe of Indians of Wisconsin.
AB631,2,1717 (i) Sokaogon Chippewa (Mole Lake) Community of Wisconsin.
AB631,2,1818 (j) St. Croix Chippewa Indians of Wisconsin.
AB631,2,1919 (k) Stockbridge-Munsee Community of Wisconsin.
AB631,3,5
1(2) Notwithstanding s. 15.07 (4), a majority of the persons who have been
2appointed to the tribal charter school authorizing board constitutes a quorum to do
3business. Whenever the governing body of a tribe specified in sub. (1) appoints a
4person to or removes a person from the tribal charter school authorizing board, the
5governing body shall notify the chairperson of the board.
AB631, s. 3 6Section 3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
7the following amounts for the purposes indicated: - See PDF for table PDF
AB631, s. 4 8Section 4. 20.240 of the statutes is created to read:
AB631,3,10 920.240 Tribal charter school authorizing board. There is appropriated to
10the tribal charter school authorizing board for the following program:
AB631,3,13 11(1) Authorizing charter schools. (a) General program operations. The
12amounts in the schedule for general program operations of the tribal charter school
13authorizing board.
AB631, s. 5 14Section 5. 118.40 (2r) (b) 1m. of the statutes is created to read:
AB631,3,1915 118.40 (2r) (b) 1m. The tribal charter school authorizing board may initiate a
16contract with an individual or group to operate a school as a charter school. The
17board shall designate an attendance area for each charter school established under
18this subdivision and shall include a provision in the contract prohibiting the charter
19school from enrolling any pupil who does not reside in that attendance area.
AB631, s. 6 20Section 6. 118.40 (2r) (bm) of the statutes is amended to read:
AB631,4,10
1118.40 (2r) (bm) The common council of the city of Milwaukee, the chancellor
2of the University of Wisconsin-Milwaukee, and the Milwaukee area technical college
3district board may only establish or enter into a contract for the establishment of a
4charter school located in the school district operating under ch. 119. The chancellor
5of the University of Wisconsin-Parkside may only establish or enter into a contract
6for the establishment of a charter school located in a unified school district that is
7located in the county in which the University of Wisconsin-Parkside is situated or
8in an adjacent county. The tribal charter school authorizing board may only enter
9into a contract for the establishment of a charter school located on reservation or
10off-reservation trust land.
AB631, s. 7 11Section 7. 118.40 (2r) (c) 1. of the statutes is amended to read:
AB631,4,1412 118.40 (2r) (c) 1. Except as provided in subd. subds. 3. and 4., only pupils who
13reside in the school district in which a charter school established under this
14subsection is located may attend the charter school.
AB631, s. 8 15Section 8. 118.40 (2r) (c) 4. of the statutes is created to read:
AB631,4,1816 118.40 (2r) (c) 4. A pupil may attend a charter school established under par.
17(b) 1m. if the pupil resides in the attendance area established for that charter school
18by the tribal charter school authorizing board.
AB631, s. 9 19Section 9. Nonstatutory provisions.
AB631,4,2320 (1) Notwithstanding section 15.97 (2) of the statutes, as created by this act,
21until the first meeting of the tribal charter school authorizing board, the governing
22body of each tribe authorized to appoint a person to the board shall notify the
23secretary of administration when it appoints a person to the board.
AB631,4,2424 (End)
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