AB204: Bill Text

LRB-2385/2

PG:kjf:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 204

April 9, 2009 - Introduced by Representative Sherman, cosponsored by Senator Jauch. Referred to Committee on Education.

AB204,1,6 An Act to renumber and amend 115.38 (2) and 118.40 (3) (c) 1.; to amend 118.30 (1m) (a), 118.30 (1m) (am), 118.30 (1m) (b), 118.33 (1) (f) 1., 118.33 (6) (a), 118.40 (7) (ar), 121.02 (1) (a) 2. and 121.02 (1) (r); and to create 115.38 (2) (b), 118.30 (7), 118.33 (1) (f) 4., 118.33 (6) (b) 3., 118.40 (3) (c) 1. c. and 118.40 (7) (am) 4. of the statutes; relating to: establishing a charter school in conjunction with an American Indian tribe.

Analysis by the Legislative Reference Bureau

Under current law, with two exceptions, a school board may not enter into a contract for the establishment of a charter school located outside the school district. If two or more school districts jointly establish a charter school, the school must be located within one of the school districts. If one or more school districts enter into an agreement with a cooperative educational service agency (CESA) to establish a charter school, the school must be located within the boundaries of the CESA.

This bill provides that if a school board enters into an agreement with a federally recognized American Indian tribe or band to establish a charter school, the school must be located within the school district or within the boundaries of the tribe's or band's reservation.

The school board that establishes the charter school is responsible for determining whether the charter school is an instrumentality of the school district, for administering the statewide pupil assessments to pupils enrolled in the charter school, for specifying criteria for grade promotion and high school graduation for pupils enrolled in the charter school, and for ensuring that all instructional staff of the charter school hold a license or permit to teach issued by the Department of Public Instruction.

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

AB204, s. 1 Section 1. 115.38 (2) of the statutes is renumbered 115.38 (2) (a) and amended to read:

AB204,2,15 115.38 (2) (a) Annually by January 1, each school board shall notify the parent or guardian of each pupil enrolled in the school district of the right to request a school and school district performance report under this subsection. Annually Except as provided in par. (b), annually by May 1, each school board shall, upon request, distribute to the parent or guardian of each pupil enrolled in the school district, including pupils enrolled in charter schools located in the school district, or give to each pupil to bring home to his or her parent or guardian, a school and school district performance report that includes the information specified by the state superintendent under sub. (1). The report shall also include a comparison of the school district's performance under sub. (1) (a) and (b) with the performance of other school districts in the same athletic conference under sub. (1) (a) and (b). If the school district maintains an Internet site, the report shall be made available to the public at that site.

AB204, s. 2 Section 2. 115.38 (2) (b) of the statutes is created to read:

AB204,3,2 115.38 (2) (b) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall, upon request, distribute to the parent or guardian of each pupil enrolled in the charter school a school and school district performance report that includes the information specified by the state superintendent under sub. (1), regardless of the location of the charter school.

AB204, s. 3 Section 3. 118.30 (1m) (a) of the statutes is amended to read:

AB204,3,7 118.30 (1m) (a) 1. Except as provided in sub. subs. (6) and (7), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.

AB204,3,11 2. Beginning on July 1, 2002, if Except as provided in sub. (7), if the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade.

AB204, s. 4 Section 4. 118.30 (1m) (am) of the statutes is amended to read:

AB204,3,16 118.30 (1m) (am) 1. Except as provided in sub. subs. (6) and (7), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.

AB204,3,20 2. Beginning on July 1, 2002, if Except as provided in sub. (7), if the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade.

AB204, s. 5 Section 5. 118.30 (1m) (b) of the statutes is amended to read:

AB204,3,24 118.30 (1m) (b) Administer Except as provided in sub. (7), 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.

AB204, s. 6 Section 6. 118.30 (7) of the statutes is created to read:

AB204,4,4 118.30 (7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under sub. (1m) regardless of the location of the charter school.

AB204, s. 7 Section 7. 118.33 (1) (f) 1. of the statutes is amended to read:

AB204,4,11 118.33 (1) (f) 1. By September 1, 2004, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under par. (a). The criteria shall include the pupil's academic performance, and the recommendations of teachers. Except as provided in subd. subds. 2. and 4., the criteria apply to pupils enrolled in charter schools located in the school district.

AB204, s. 8 Section 8. 118.33 (1) (f) 4. of the statutes is created to read:

AB204,4,17 118.33 (1) (f) 4. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the criteria specified in the policy developed by that school board under subd. 1. apply to pupils enrolled in the charter school, regardless of the location of the charter school.

AB204, s. 9 Section 9. 118.33 (6) (a) of the statutes is amended to read:

AB204,5,2 118.33 (6) (a) 1. Each school board shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (a) or (am), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the school board. Except as provided in par. (b) 1. and 3., the criteria apply to pupils enrolled in charter schools located in the school district.

AB204,5,9 2. Except as provided in par. (b) 2., beginning on September 1, 2002 and 3., a school board may not promote a 4th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 5th grade, and may not promote an 8th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the school board's policy adopted under subd. 1.

AB204, s. 10 Section 10. 118.33 (6) (b) 3. of the statutes is created to read:

AB204,5,16 118.33 (6) (b) 3. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the criteria specified in the policy adopted by that school board under par. (a) 1. apply to pupils enrolled in the charter school and that school board is subject to the prohibitions in par. (a) 2. with respect to pupils enrolled in the charter school, regardless of the location of the charter school.

AB204, s. 11 Section 11. 118.40 (3) (c) 1. of the statutes is renumbered 118.40 (3) (c) 1. (intro.) and amended to read:

AB204,5,21 118.40 (3) (c) 1. (intro.) A school board may not enter into a contract for the establishment of a charter school located outside the school district, except that if as follows:

AB204,5,24 a. If 2 or more school boards enter into an agreement under s. 66.0301 to establish a charter school, the charter school shall be located within one of the school districts, and if.

AB204,6,4 b. If one or more school boards enter into an agreement with the board of control of a cooperative educational service agency to establish a charter school, the charter school shall be located within the boundaries of the cooperative educational service agency. This subdivision

AB204,6,6 1m. Subdivision 1. does not apply to the establishment of a virtual charter school.

AB204, s. 12 Section 12. 118.40 (3) (c) 1. c. of the statutes is created to read:

AB204,6,11 118.40 (3) (c) 1. c. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the charter school shall be located within the school district or within the boundaries of the tribe's or band's reservation.

AB204, s. 13 Section 13. 118.40 (7) (am) 4. of the statutes is created to read:

AB204,6,17 118.40 (7) (am) 4. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school under sub. (3) (c) 1. c., that school board shall determine whether the charter school is an instrumentality of the school district regardless of the location of the charter school.

AB204, s. 14 Section 14. 118.40 (7) (ar) of the statutes is amended to read:

AB204,6,21 118.40 (7) (ar) Nothing in this subsection affects the rights of personnel of a charter school that is an instrumentality of the a school district in which it is located to engage in collective bargaining pursuant to subch. IV of ch. 111.

AB204, s. 15 Section 15. 121.02 (1) (a) 2. of the statutes is amended to read:

AB204,7,4 121.02 (1) (a) 2. Subject to s. 118.40 (8) (b) 2., ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. For purposes of this subdivision, a virtual charter school is located in the school district specified in s. 118.40 (8) (a) and a charter school established under s. 118.40 (3) (c) 1. c. is located in the school district specified in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining "instructional staff" for purposes of this subdivision.

AB204, s. 16 Section 16. 121.02 (1) (r) of the statutes is amended to read:

AB204,7,11 121.02 (1) (r) Except as provided in s. 118.40 (2r) (d) 2., annually administer a standardized reading test developed by the department to all pupils enrolled in the school district in grade 3, including pupils enrolled in charter schools located in the school district, except that if a charter school is established under s. 118.40 (3) (c) 1. c., the school board specified in s. 118.40 (3) (c) 1. c. shall administer the test to pupils enrolled in the charter school regardless of the location of the charter school.