AB772: Bill Text

AB772,8,14 (f) "School" means a public school operated by the board, a charter school operating in the city, and a private school participating in the program under s. 119.23.

AB772,8,17 (2) Operating license required; classes and renewal of operating licenses. (a) Beginning in the 2011-12 school year, no person may operate a school without a valid operating license issued by the office for that school.

AB772,8,18 (b) The office may issue the following licenses:

AB772,8,20 1. A provisional operating license. A provisional operating license may not be renewed.

AB772,8,22 2. A permanent operating license. A permanent operating license may be renewed as provided under sub. (5).

AB772,8,25 (3) Provisional operating licenses. (a) The office shall issue a provisional operating license to operate a school if the office determines that all of the following apply:

AB772,9,4 1. The applicant submits an application for a provisional operating license for the school to the office, together with the information required under par. (b) and any supporting documentation required by the office and the administrative fee required under sub. (7).

AB772,9,5 2. The applicant satisfies the requirements under par. (b).

AB772,9,8 3. If the applicant operated a school during the 2009-10 school year, the applicant submits the application to the office no later than the first day of the 13th month beginning after the effective date of this subdivision .... [LRB inserts date].

AB772,9,11 4. If the applicant did not operate a school during the 2009-10 school year, the applicant submits the application to the office at least 180 days before the applicant intends to operate the school.

AB772,9,13 (b) An applicant under this subsection shall submit clear and convincing evidence to the office that all of the following are satisfied:

AB772,9,18 1. The applicant has established a budget development and approval process, a system of fiscal management, an organizational structure, a management system, and a process for receiving, depositing, investing, managing, spending, accounting for, and auditing resources for the school that meets the standards established by the office by rule.

AB772,9,21 2. The applicant will operate the school in a building that meets the safety standards established by the office by rule and will utilize facilities and equipment, including vehicles, that meet the safety standards established by the office by rule.

AB772,9,23 3. The applicant has developed a curriculum that meets the standards of educational success established by the office by rule.

AB772,10,3 4. a. For an applicant under par. (a) 3., the applicant has selected and employs administrators, teachers, and staff for the school that meet the standards of excellence established by the office by rule.

AB772,10,6 b. For an applicant under par. (a) 4., the applicant has selected and will employ administrators, teachers, and staff for the school that meet the standards of excellence established by the office by rule.

AB772,10,10 (c) A provisional operating license issued under this subsection expires on the 3rd July 1 following the date on which the license was issued or on the date on which a permanent operating license is issued for the school under sub. (4), whichever occurs first.

AB772,10,12 (4) Permanent operating license. The office shall issue a permanent operating license to operate a school if the office determines that all of the following apply:

AB772,10,14 (a) The applicant holds a valid provisional operating license for the school and one of the following applies:

AB772,10,17 1. For a provisional operating license issued to an applicant who operated a school during the 2009-10 school year, the applicant has been operating the school under the license for at least 12 months but not more than 36 months.

AB772,10,20 2. For a provisional operating license issued to an applicant who did not operate a school in the 2009-10 school year, the applicant has been operating the school under the license for at least 24 months but not more than 36 months.

AB772,10,24 (b) The applicant submits an application for a permanent operating license for the school to the office, together with the information required under par. (c) and any supporting documentation required by the office and the administrative fee required under sub. (7).

AB772,11,2 (c) The applicant submits clear and convincing evidence to the office that all of the following are satisfied:

AB772,11,4 1. a. Except as provided in subd. 1. b., the applicant continues to satisfy the requirements under sub. (3) (b).

AB772,11,7 b. For an applicant that did not operate a school in the 2009-10 school year, the applicant continues to satisfy the requirements under sub. (3) (b) 1. to 3. and satisfies the requirements under sub. (3) (b) 4. a.

AB772,11,13 2. At least 90 percent of the pupils who have attended the school for more than one school year have advanced at least one grade level for every year of the pupil's enrollment in the school. To determine whether the requirement under this subdivision has been satisfied, the office shall review the educational performance of the pupils on the examinations administered as required under s. 118.30 and on other measures established by the office by rule.

AB772,11,16 3. The applicant has implemented a policy governing the admission to the school of children with disabilities that satisfies the standards established by the office by rule.

AB772,11,18 4. The applicant enrolls at least the number of children with disabilities determined as follows:

AB772,11,20 a. Determine the number of pupils enrolled in the school in each grade in the previous school year.

AB772,11,22 b. Determine the number of pupils enrolled in all schools licensed under this section in each grade in the previous school year.

AB772,11,24 c. For each grade in all schools licensed under this section, determine the number of pupils identified in subd. 4. b. that are children with disabilities.

AB772,12,3 d. For each grade operated by the school, multiply the number of pupils identified in subd. 4. a. by the ratio of the number of pupils in that grade identified under subd. 4. c. to the number of pupils in that grade identified under subd. 4. b.

AB772,12,5 e. Add the numbers of pupils determined under subd. 4. d. in each grade operated by the school.

AB772,12,6 f. Multiply the sum determined under subd. 4. e. by 50 percent.

AB772,12,9 (d) A permanent operating license issued under this subsection expires on the 3rd July 1 following the date on which the license was issued or on the date on which a renewal of that license is issued under sub. (5), whichever comes first.

AB772,12,11 (5) Renewal; notice. (a) The office shall renew a permanent operating license issued under sub. (4) if the office determines that all of the following apply:

AB772,12,15 1. The applicant submits an application for a renewal of the permanent operating license, together with any supporting documentation required by the office and the administrative fee required under sub. (7) to the office no later than 180 days before the expiration of the operating license.

AB772,12,16 2. The applicant continues to satisfy the requirements under sub. (4) (c).

AB772,12,18 (b) A renewal of a permanent operating license issued under this subsection expires on the 3rd July 1 following the date on which the renewal license was issued.

AB772,12,24 (c) The office shall give a notice of renewal to each holder of a permanent operating license at least 30 days prior to the expiration date of the operating license. Notice may be mailed to the last address provided to the office by the holder of the operating license or may be given by electronic transmission. Failure to receive a notice of renewal is not a defense in any proceeding against the holder for operating a school without an operating license.

AB772,13,4 (6) Effect of denial, suspension, revocation, or nonrenewal of an operating license. (a) An applicant whose application for an operating license for a school or whose application for renewal of a permanent operating license for a school is denied may reapply to the office for a provisional operating license under sub. (3).

AB772,13,8 (b) If any operating license held by an applicant has expired before the applicant has obtained a permanent operating license or the renewal of that license, the applicant may not operate the school until the applicant has obtained an operating license for the school.

AB772,13,13 (c) An applicant whose operating license has been denied, suspended, revoked, or has not been renewed shall work with the office, the board, and the department to provide for the temporary or permanent transfer of pupils to other schools that hold a valid license issued by the office or to schools not required to be licensed under this section.

AB772,13,20 (7) Administrative fee. The office shall charge a fee, to be determined by the office by rule, to each applicant for an operating license for a school or the renewal of an operating license for a school. The fee shall be based upon the costs to provide the review and conduct the inspections required under sub. (8) (a), conduct the inspections required under sub. (8) (e) and (f), and administer the program under this section, and shall take into account the number of pupils enrolled in the school in the preceding school year.

AB772,13,21 (8) Duties of the office. The office shall do all of the following:

AB772,13,22 (a) Upon receipt of an application under subs. (3) to (5):

AB772,14,2 1. Submit a written notice of the application to the state superintendent, the common council, the mayor, and, if the applicant is operating the school at the time the application is received, parents of pupils enrolled in the school. The office shall publish the written notice as a class 1 notice under ch. 985.

AB772,14,5 2. Provide access to information submitted by the applicant in connection with the application for licensure on the Internet Web site maintained by the office and, upon request of a party, in writing.

AB772,14,8 3. Request an evaluation by the city comptroller of the applicant's compliance with or likelihood of compliance with the financial and budgetary standards established by rule under par. (d) 1.

AB772,14,10 4. Undertake any inspections of the school premises and of records maintained by the applicant for the school necessary to evaluate the application for licensure.

AB772,14,13 5. Hold a public hearing on the application for an operating license and provide an opportunity for persons attending the hearing to present testimony on the applicant, the school, and the application for licensure.

AB772,14,18 6. Submit to the applicant, in writing, the decision of the office to grant or deny the operating license. The office shall provide a copy of the decision to the state superintendent, the common council, and the mayor, and shall make the written decision available on the Internet Web site maintained by the office and, upon request, in writing.

AB772,14,21 (b) Ensure that each applicant that applies for and holds an initial or renewed permanent operating license enrolls in the school at least the number of children with disabilities determined for the school under sub. (4) (c) 4.

AB772,15,2 (c) Suspend, revoke, or deny an applicant's operating license for a school if the office determines, based upon clear and convincing evidence, that the applicant has committed a severe or substantial violation of the standards upon which an operating license is issued and the applicant fails to correct the violation or make substantial progress towards correcting the violation in 60 days.

AB772,15,4 (d) Promulgate rules for the administration of the inspection and licensure program under this section, including all of the following:

AB772,15,10 1. Standards for a budget development and approval process, a system of fiscal management, an organizational structure, a management system, and a process for receiving, depositing, investing, managing, spending, accounting for, and auditing resources to be implemented and maintained by an applicant seeking an operating license under this section. The office shall collaborate with the city comptroller to establish the standards required under this subdivision.

AB772,15,12 2. Standards of educational success to be incorporated into the curriculum of an applicant's school.

AB772,15,18 3. Standards of excellence for teachers, administrators, and staff at the school. The office shall collaborate with the deans and faculty of education at the University of Wisconsin-Milwaukee, Marquette University, and Alverno College, and with other educational experts to establish the standards required under this subdivision. The standards under this subdivision shall require each administrator to hold, at minimum, a bachelor's degree.

AB772,15,20 4. Educational performance measures applicable to whether a pupil has advanced to the next grade level.

AB772,15,24 5. Standards governing the admission of children with disabilities to a school licensed under this section. The standards shall prohibit an applicant from refusing to enroll a child with a disability or to provide a free appropriate public education, as defined in s. 115.76 (7), for the child with a disability.

AB772,16,4 6. Conditions under which an operating license issued under this section may be suspended or revoked, the duration of a suspension or revocation, and the conditions that must be satisfied by an applicant for the reinstatement of the operating license.

AB772,16,6 7. A definition of a substantial violation of the standards upon which an operating license is issued.

AB772,16,8 8. A definition of a severe violation of the standards upon which an operating license is issued.

AB772,16,10 (e) Establish a schedule for the inspection of each school for which an operating license may be or has been issued under this section.

AB772,16,13 (f) Periodically conduct unscheduled inspections of each school for which an operating license has been issued under this section. The office may establish criteria governing the rationale for conducting an unscheduled inspection.

AB772,16,16 (g) Annually submit a comprehensive written report detailing the policies, operations, revenues, and expenses of the office and summarizing the licensing decisions of the office to all of the following:

AB772,16,17 1. The governor.

AB772,16,18 2. The appropriate standing committees of the legislature.

AB772,16,19 3. The state superintendent.

AB772,16,20 4. The common council.

AB772,16,21 5. The mayor.

AB772, s. 13 Section 13. 119.23 (7) (am) (intro.) and 1. of the statutes are consolidated, renumbered 119.23 (7) (am) and amended to read:

AB772,17,8 119.23 (7) (am) Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department. Annually by September 1 following a school year in which a private school participated in the program under this section, the private school shall submit to the department all of the following: 1. An an independent financial audit of the private school conducted by a certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1. The audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m).

AB772, s. 14 Section 14. 119.23 (7) (am) 2. of the statutes is repealed.

AB772, s. 15 Section 15. 121.84 (4) (b) of the statutes is amended to read:

AB772,17,16 121.84 (4) (b) If a pupil attends school in a school district outside the pupil's school district of residence under par. (a), s. 118.51 (12), (14), (16) and (17) apply to the pupil as if the pupil were attending school in a nonresident school district under s. 118.51. If the pupil is rejected as a result of s. 118.51 (12) (a), prohibited from attending as a result of s. 118.51 (12) (b) 1. or transferred as a result of s. 118.51 (12) (b) 2., s. 118.51 (9) applies.

AB772,17,17 (End)