LRB-4455/1
TKK:jld:rs
2009 - 2010 LEGISLATURE
March 8, 2010 - Introduced by Senators Holperin, Kreitlow, Olsen, Lehman and
Vinehout, cosponsored by Representatives Dexter, Hilgenberg, Garthwaite,
Danou, Berceau, Clark, Hraychuck, Molepske Jr., Pasch, Pope-Roberts
and
Smith. Referred to Committee on Education.
SB593,1,4 1An Act to renumber and amend 118.43 (4) (d); to amend 118.43 (2) (g) and
2118.43 (3) (intro.); and to create 118.38 (1) (a) 9., 118.43 (2) (bt), 118.43 (3) (at),
3118.43 (3m) and 118.43 (4) (d) 2. of the statutes; relating to: student
4achievement guarantee in education program contracts.
Analysis by the Legislative Reference Bureau
Current law allows an eligible school board that has entered into a five-year
renewable student achievement guarantee (SAGE) contract with the Department of
Public Instruction (DPI) to reduce class size to 15 pupils in grades kindergarten to
three in schools with specified low-income enrollment to receive $2,250 for each
low-income pupil enrolled in grades eligible for SAGE funding. Current law permits
a school to renew and receive payments under a renewed SAGE contract if the school
board maintains the reduced class size achieved during the last school year of the
original SAGE contract for the grades specified for the last school year of the
contract. Current law also permits DPI to waive requirements of the SAGE program
in a contract entered into between DPI and a school board.
This bill changes the requirement that a school board maintain the reduced
class size achieved during the last school year of the original SAGE contract as a
condition for receiving payments under an existing SAGE contract, and permits a
school board operating under an existing SAGE contract to do each of the following:
1) satisfy the class size requirement by reducing the class size to no more than 18
pupils; and 2) combine two classes with two classroom teachers to achieve a total
class size of 30 pupils.

The bill also authorizes a school board, in the 2010-11 school year, to enter into
a new, renewable, five-year SAGE contract with DPI to reduce class size to 18 pupils
in grades kindergarten to three in one or more schools in the school district if, in the
previous school year, at least one school in the school district had an enrollment of
at least 50 percent low income and all of the following are satisfied:
1. In the previous school year, the school had an enrollment that was at least
30 percent low income.
2. The school is not receiving a grant from DPI for a preschool to grade five
program.
3. The school is not already a beneficiary of a SAGE contract.
The school board may combine two classes with two classroom teachers to
achieve a total class size of 30 pupils.
Finally, under the bill, DPI may not waive any requirement of the SAGE
program in any SAGE contract entered into or renewed after the effective date of the
bill.
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:
SB593, s. 1 1Section 1. 118.38 (1) (a) 9. of the statutes is created to read:
SB593,2,32 118.38 (1) (a) 9. The requirements established for achievement guarantee
3contracts under s. 118.43.
SB593, s. 2 4Section 2. 118.43 (2) (bt) of the statutes is created to read:
SB593,2,85 118.43 (2) (bt) In the 2010-11 school year, the school board of an eligible school
6district may enter into a 5-year achievement guarantee contract with the
7department on behalf of one or more schools in the school district if all of the following
8apply:
SB593,2,109 1. In the previous school year, each school had an enrollment that was at least
1030 percent low income.
SB593,2,1211 2. The school board is not receiving a grant under the preschool to grade 5
12program on behalf of any of the schools under s. 115.45.
SB593,2,1313 3. None of the schools is a beneficiary of a contract under this section.
SB593, s. 3
1Section 3. 118.43 (2) (g) of the statutes is amended to read:
SB593,3,82 118.43 (2) (g) The department may renew an achievement guarantee contract
3under pars. (b), (bg), and (br), and (bt) for one or more terms of 5 school years. As
4Except as provided in sub. (3m), as a condition of receiving payments under a
5renewal of an achievement guarantee contract, a school board shall maintain the
6reduction of class size achieved during the last school year of the original
7achievement guarantee contract for the grades specified for the last school year of the
8contract.
SB593, s. 4 9Section 4. 118.43 (3) (intro.) of the statutes is amended to read:
SB593,3,1210 118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am)
11and, (ar), and (at), an achievement guarantee contract shall require the school board
12to do all of the following in each participating school:
SB593, s. 5 13Section 5. 118.43 (3) (at) of the statutes is created to read:
SB593,3,1514 118.43 (3) (at) Class size; additional contracts. For contracts that begin in the
152010-11 school year, reduce each class size to 18 in the following manner:
SB593,3,1616 1. In the 2010-11 school year, in at least grades kindergarten and one.
SB593,3,1717 2. In the 2011-12 school year, in at least grades kindergarten to 2.
SB593,3,1918 3. In the 2012-13 to 2014-15 school years, in at least grades kindergarten to
193.
SB593, s. 6 20Section 6. 118.43 (3m) of the statutes is created to read:
SB593,3,2421 118.43 (3m) Adjustment to class size. (a) Beginning in the 2010-11 school
22year, notwithstanding sub. (3) (a), (am), and (ar), a school board operating under an
23achievement guarantee contract on the effective date of this subsection .... [LRB
24inserts date], may do any of the following:
SB593,4,2
11. Satisfy the class size limitation by reducing each class size in each school
2covered by the contract to no more than 18.
SB593,4,53 2. Combine 2 classes subject to the class size limitation in any school covered
4by the contract having at least 2 regular classroom teachers when the classes are
5combined if the combined class size is not greater than 30.
SB593,4,96 (b) A school board operating under an achievement guarantee contract entered
7into under sub. (3) (at) may combine 2 classes subject to the class size limitation in
8any school covered by the contract having at least 2 regular classroom teachers when
9the classes are combined if the combined class size is not greater than 30.
SB593, s. 7 10Section 7. 118.43 (4) (d) of the statutes is renumbered 118.43 (4) (d) 1. and
11amended to read:
SB593,4,1312 118.43 (4) (d) 1. A Except as provided in subd. 2., a description of any statute
13or rule that is waived under s. 118.38 if the waiver is related to the contract.
SB593, s. 8 14Section 8. 118.43 (4) (d) 2. of the statutes is created to read:
SB593,4,1715 118.43 (4) (d) 2. No achievement guarantee contract entered into or renewed
16under sub. (2) may include a waiver of any requirement of or rule promulgated under
17the authority of this section.
SB593, s. 9 18Section 9. Initial applicability.
SB593,4,2119 (1) The treatment of section 118.43 (4) (d) 2. of the statutes first applies to an
20achievement guarantee contract entered into or renewed on the effective date of this
21subsection.
SB593,4,2222 (End)
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