AB772: Bill Text

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.

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.