AB772: Bill Text

To obtain a permanent operating license, the applicant must submit a timely application and application fee to the office and demonstrate that it satisfies all of the following:

1. It holds a valid provisional operating license and continues to satisfy all of the requirements for the provisional operating license.

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 enrollment.

3. It has implemented a policy governing the admission to the school of children with disabilities.

4. It enrolls at least the number of children with disabilities at the school as is required under the formula established in the bill. The formula takes into account the number of pupils enrolled in the school in each grade, the number of pupils enrolled in all schools licensed under the bill in each grade, and the number of children with disabilities enrolled in all schools licensed under the bill in each grade.

Duties of office:

The bill requires the office to do all of the following:

1. Make rules governing the implementation of the inspection and licensure program, including standards for budgeting and fiscal management of the school and the educational success of pupils enrolled in the school.

2. Upon receipt of an application for an operating license do all of the following:

a. Notify the state superintendent, the city common council, and the city mayor and make information provided by the applicant available for public inspection.

b. Inspect the school and records maintained by the applicant for the school.

c. Hold a public hearing on the application and provide an opportunity for public testimony.

d. Submit a written decision to the applicant and provide a copy to the state superintendent, common council, and mayor.

3. Revoke, suspend, or deny an applicant's operating license if, after 60 days, the applicant has not corrected a severe or substantial violation of the standards upon which an operating license is issued.

4. Conduct scheduled and unscheduled inspections of each school for which an operating license may be or has been issued.

5. Annually submit a comprehensive written report detailing the policies, operations, revenues, and expenditures of the office and summarizing the licensing decisions of the office to the governor, the appropriate standing committees of the legislature, the state superintendent, the city common council, and the mayor of the city.

Changes to Full-time Open Enrollment Program

Under the Open Enrollment Program, a pupil may apply to attend a school in a school district other than the pupil's resident school district. Current law establishes permissible criteria for a nonresident school district to accept or reject applications from nonresident pupils, including the availability of space, classes, and programs in the nonresident district. Current law also permits a nonresident school district to determine whether to accept or reject a nonresident pupil based upon whether the special education and related services needs described in the individualized education program of a nonresident pupil who is a child with a disability are available for the pupil in the nonresident school district and also whether the nonresident pupil has been referred for evaluation but not yet evaluated by an individualized education program team to determine whether the child has a disability.

The bill eliminates the two criteria related to the special educational needs of children with disabilities from the list of permissible criteria for the acceptance or rejection of a nonresident pupil whose resident school district is MPS. The bill also requires MPS to limit the number of its resident pupils attending public school in other school districts under the Open Enrollment Program to the number of resident pupils attending public school in other school districts in the 2009-10 school year.

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:

AB772, s. 1 Section 1. 62.51 (1) (a) of the statutes is amended to read:

AB772,4,9 62.51 (1) (a) "Public office" means the following positions or their equivalent: city engineer; city purchasing agent; commissioner of building inspection, of city development, of health or of public works; director of administration, of budget and management, of community development agency, of employee relations, of office of school standards and licensure, of telecommunications, or of safety; emergency management coordinator; employee benefits administrator; executive director of the commission on community relations; municipal port director; commissioner of assessments; director of liaison; city personnel director; executive director of the retirement board; executive director of the city board of election commissioners; city librarian; city labor negotiator; executive secretary of the board of fire and police commissioners; and supervisor of the central electronics board.

AB772, s. 2 Section 2. 62.51 (2) of the statutes is renumbered 62.51 (2) (a) and amended to read:

AB772,4,21 62.51 (2) (a) In any 1st class city, the mayor shall appoint, subject to confirmation of the common council, a person to serve in the unclassified service in each public office. A public official serves at the pleasure of the mayor until the end of the mayoral term of office during which the public official is appointed unless reappointed and reconfirmed or until a successor is appointed and confirmed, whichever is later. The mayor shall make appointments under this subsection paragraph within 90 days after taking office or within 90 days after a vacancy in the public office occurs, whichever is later. The common council shall vote on confirmation of any appointment under this subsection paragraph within 45 days after that appointment.

AB772, s. 3 Section 3. 62.51 (2) (b) of the statutes is created to read:

AB772,4,25 62.51 (2) (b) Notwithstanding par. (a), the person appointed to serve in the unclassified service in the office of school standards and licensure shall be appointed by the mayor without confirmation of the common council.

AB772, s. 4 Section 4. 115.881 (1) of the statutes is amended to read:

AB772,5,9 115.881 (1) A school board, board of control of a cooperative educational service agency, county children with disabilities education board, governing body of a private school that holds an operating license issued under s. 119.03, or operator of a charter school established under s. 118.40 (2r) may apply to the department for aid under this section if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs were not eligible for reimbursement under s. 115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal medicaid.

AB772, s. 5 Section 5. 118.51 (5) (a) 4. of the statutes is renumbered 118.51 (5) (a) 4. a. and amended to read:

AB772,5,18 118.51 (5) (a) 4. a. Whether Except as provided in subd. 4. b., whether the special education or related services described in the child's individualized education program, under s. 115.787 (2), of an applicant who is a child with a disability are available in the nonresident school district or whether there is space available to provide the special education or related services identified in the child's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board.

AB772, s. 6 Section 6. 118.51 (5) (a) 4. b. of the statutes is created to read:

AB772,5,23 118.51 (5) (a) 4. b. A nonresident school board may not consider the criteria under subd. 4. a. if the application to the nonresident school district is received from a pupil who is a child with a disability and whose resident school district is the school district operating under ch. 119.

AB772, s. 7 Section 7. 118.51 (5) (a) 6. of the statutes is renumbered 118.51 (5) (a) 6. a. and amended to read:

AB772,6,5 118.51 (5) (a) 6. a. Whether Except as provided in subd. 6. b., whether the child pupil has been referred to his or her resident school board under s. 115.777 (1) or identified by his or her resident school board under s. 115.77 (1m) (a) but not yet evaluated by an individualized education program team appointed by his or her resident school board under s. 115.78 (1).

AB772, s. 8 Section 8. 118.51 (5) (a) 6. b. of the statutes is created to read:

AB772,6,9 118.51 (5) (a) 6. b. A nonresident school board may not consider the criteria under subd. 6. a. if the application to the nonresident school district is received from a pupil whose resident school district is the school district operating under ch. 119.

AB772, s. 9 Section 9. 118.51 (6) of the statutes is renumbered 118.51 (6) (a) and amended to read:

AB772,6,18 118.51 (6) (a) A school board may Beginning in the 2010-11 school year, the school district operating under ch. 119 shall limit the number of its resident pupils attending public school in other school districts under this section in the 1998-99 school year to 3% of its membership. In each of the 7 succeeding school years, a school board may limit to the number of its resident pupils attending public school in other school districts to an additional 1% of its membership under this section in the 2009-10 school year.

AB772,6,25 (b) If more than the maximum allowable number of resident pupils apply to attend public school in other school districts in any school year under this section, the school board of school directors shall determine which pupils will be allowed to attend public school in other school districts on a random basis, except that the school board of school directors shall give preference to pupils who are already attending public school in the school district to which they are applying under this section and to siblings of such pupils.

AB772, s. 10 Section 10. 118.51 (12) (a) of the statutes is renumbered 118.51 (12) (a) 1. and amended to read:

AB772,7,15 118.51 (12) (a) 1. If Except as provided in subd. 2., if the individualized education program for a pupil, developed or revised under s. 115.787 after a child the pupil begins attending public school in a nonresident school district under this section, requires special education or related services that are not available in the nonresident school district or if there is no space available to provide the special education or related services identified in the child's pupil's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board, the nonresident school board may notify the child's pupil's parent and the child's pupil's resident school board that the special education or related service is not available in the nonresident school district. If such notice is provided, the child pupil shall be transferred to his or her resident school district, which shall provide an educational placement for the child pupil under s. 115.79 (1) (b).

AB772, s. 11 Section 11. 118.51 (12) (a) 2. of the statutes is created to read:

AB772,7,19 118.51 (12) (a) 2. Subdivision 1. does not apply to a pupil attending school in a nonresident school district whose resident school district is the school district operating under ch. 119.

AB772, s. 12 Section 12. 119.03 of the statutes is created to read:

AB772,7,22 119.03 Office of school standards and licensure. (1) Definitions. In this section:

AB772,7,23 (a) "Administrator" means all of the following:

AB772,7,24 1. The superintendent of schools.

AB772,8,3 2. The superintendent, supervising principal, executive director, or other person who acts as the administrative head of any school required to be licensed under this section.

AB772,8,4 (b) "Applicant" means any of the following:

AB772,8,5 1. The board.

AB772,8,6 2. The operator of a charter school operating in the city.

AB772,8,8 3. The governing body of a private school participating in the program under s. 119.23.

AB772,8,9 (c) "Child with a disability" has the meaning given in s. 115.76 (5).

AB772,8,10 (d) "Director" means the director of the office.

AB772,8,11 (e) "Office" means the office of school standards and licensure.

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.