AB51: Bill Text

2011 Assembly BILL 51

March 17, 2011 - Introduced by Representatives Vos, Kestell, Marklein, Van Roy, Kleefisch, Pridemore, Bies, Nass, Honadel, Ballweg, Knodl, Mursau and Jacque, cosponsored by Senators Darling, Olsen, Lazich, Vukmir, Kapanke and Galloway. Referred to Committee on Education.

AB51,2,9 An Act to repeal 118.40 (2r) (b) 4., 118.40 (2r) (c) and (cm), 118.40 (7) (am) 3., 118.40 (8) (h) and 118.51 (3) (a) 7.; to renumber 118.51 (1) (a); to renumber and amend 118.40 (3) (d), 118.40 (3) (e), 118.40 (4) (a) and 118.40 (4) (c); to amend 20.923 (6) (m), 40.02 (28), 40.02 (36), 40.51 (1), 111.81 (7) (f), 111.815 (1), 111.825 (2) (f), 111.92 (1) (c), 115.001 (1), 115.001 (16), 118.40 (2m) (a), 118.40 (2r) (b) 1. (intro.), 118.40 (2r) (b) 2., 118.40 (2r) (b) 3. (intro.), 118.40 (2r) (bm), 118.40 (2r) (d) (intro.), 118.40 (2r) (e) 2., 118.40 (2r) (f), 118.40 (4) (title), 118.40 (7) (am) 1., 118.40 (8) (a) (intro.), 118.40 (8) (f) 1., 118.40 (8) (g) 2., 118.40 (8) (g) 3., 118.51 (3) (a) 6., 118.51 (3) (b), 121.02 (1) (a) 2., 121.08 (4) (a) 1., 230.08 (2) (dm) and 230.35 (1s); and to create 15.07 (1) (a) 7., 15.56, 20.265, 20.515 (1) (g), 20.923 (4) (e) 1. c., 20.923 (6) (aLm), 40.515, 118.19 (14), 118.395, 118.40 (2r) (b) 1. e. and f., 118.40 (2r) (g), 118.40 (3) (f), 118.40 (3) (g), 118.40 (3m) (intro.), 118.40 (3m) (a) and (d) to (f), 118.40 (4) (ag), 118.40 (4) (ar) 3., 118.40 (4) (d), 118.40 (4) (e), 118.40 (4) (f), 118.40 (7) (c), 118.51 (1) (ag), 119.60 (5) and 230.08 (2) (wc) of the statutes; relating to: creating a Charter School Authorizing Board, providing additional charter school authorizers, eliminating the limit on the number of pupils who may attend virtual charter schools, modifying teacher licensure requirements, eliminating the limit on the reduction in general school aid used to fund independent charter schools, covering certain charter school employees under the Group Insurance Board health coverage plan for local government employees, allowing a charter school to elect to participate in the Wisconsin Retirement System, granting rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, school boards may enter into contracts with individuals, groups, businesses, or governmental bodies to establish charter schools, which operate with fewer constraints than traditional public schools. Current law also permits the University of Wisconsin (UW)-Milwaukee, UW-Parkside, the Milwaukee Area Technical College, and the city of Milwaukee to operate charter schools (independent charter schools) directly or to contract for the operation of charter schools. In general, only pupils who reside in the school district in which an independent charter school is located may attend the charter school. No entity authorized to establish an independent charter school may establish a virtual charter school.

This bill allows a cooperative educational service agency to establish an independent charter school. The bill also creates an independent state agency, the Charter School Authorizing Board (CSAB), and authorizes it to contract for the establishment of independent charter schools. The CSAB consists of nine members, of whom three are appointed by the governor, three by the senate majority leader, and three by the speaker of the assembly. The bill prohibits the CSAB from promulgating administrative rules.

The bill requires that every charter school be operated by a governing board and that every contract for the establishment of a charter school be with a nonprofit corporation. The bill removes the restrictions that limit who may attend an independent charter school and allows an entity that is authorized to establish an independent charter school to establish a virtual charter school. The bill eliminates the cap on the number of pupils who may attend virtual charter schools through the Open Enrollment Program, currently set at 5,250.

The bill allows a charter school contract to provide for more than one charter school, and allows a charter school governing board to enter into more than one contract. The bill provides that a charter school authorizer is immune from civil and criminal liability for the activities of the charter schools with which it has contracted.

The bill requires every charter school under contract with the CSAB to pay an annual fee to the CSAB. The bill allows every charter school under contract with the CSAB to provide health care for its employees under the Group Insurance Board health coverage plan for local government employees. Although a charter school's employees are not state employees and may not be local government employees, the bill provides that a charter school's governing board may elect to become a participating employer under the Wisconsin Retirement System.

The bill directs the Department of Public Instruction to promulgate rules establishing a charter school teaching license that allows the licensee to teach multiple subjects in a charter school. The rules must require the applicant to demonstrate competence in each subject and must provide the applicant several means of doing so.

Under current law, state aid to independent charter schools is funded by a reduction in general school aid, applied on a prorated basis to all school districts. Current law provides that beginning in the 2011-12 school year, instead of reducing general school aid by the amount of charter school aid paid in the same school year, general school aid will be reduced by the amount of charter school aid paid in the 2010-11 school year. This bill eliminates this cap on the reduction in general school aid described above.

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:

AB51, s. 1 Section 1. 15.07 (1) (a) 7. of the statutes is created to read:

AB51,3,3 15.07 (1) (a) 7. Members of the charter school authorizing board appointed under s. 15.56 shall be appointed as provided in that section.

AB51, s. 2 Section 2. 15.56 of the statutes is created to read:

AB51,3,7 15.56 Charter school authorizing board. (1) There is created a charter school authorizing board consisting of the following members appointed for 3-year terms:

AB51,3,9 (a) Three members appointed by the governor, no more than 2 of whom may belong to the same political party.

AB51,4,2 (b) Three members appointed by the senate majority leader, no more than 2 of whom may belong to the same political party.

AB51,4,4 (c) Three members appointed by the speaker of the assembly, no more than 2 of whom may belong to the same political party.

AB51,4,10 (2) The appointing authorities under sub. (1) shall ensure to the extent feasible that members appointed to the board are geographically diverse and have experience and expertise in governing public and nonprofit organizations; in management and finance; in public school leadership, assessment, and curriculum and instruction; and in education law; and understand and are committed to the use of charter schools to strengthen public education.

AB51,4,11 (3) No member of the board may serve more than 2 consecutive terms.

AB51,4,12 (4) The board does not have rulemaking authority.

AB51, s. 3 Section 3. 20.265 of the statutes is created to read:

AB51,4,15 20.265 Charter school authorizing board. There is appropriated to the charter school authorizing board for the following programs:

AB51,4,17 (1) Support of charter schools. (g) Oversight. All moneys received as fees under s. 118.40 (4) (ar) 3. to perform its functions under s. 118.40.

AB51,4,19 (h) Gifts and grants. All moneys received from gifts and grants for the purposes for which made.

AB51, s. 4 Section 4. 20.515 (1) (g) of the statutes is created to read:

AB51,4,25 20.515 (1) (g) Benefit and coverage payments; charter school health care coverage. All moneys received from charter school governing boards under s. 40.515 who elect to provide coverage for their employees in a health care coverage plan under s. 40.51 (7), for the payment of benefits and the cost of administering benefits under s. 40.515.

AB51, s. 5 Section 5. 20.923 (4) (e) 1. c. of the statutes is created to read:

AB51,5,2 20.923 (4) (e) 1. c. Charter school authorizing board: executive director.

AB51, s. 6 Section 6. 20.923 (6) (aLm) of the statutes is created to read:

AB51,5,5 20.923 (6) (aLm) Charter school authorizing board: unclassified professional staff.

AB51, s. 7 Section 7. 20.923 (6) (m) of the statutes is amended to read:

AB51,5,12 20.923 (6) (m) University of Wisconsin System: deans, principals, professors, instructors, research assistants, librarians and other teachers, as defined in s. 40.02 (55), the staff of the environmental education board, and instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2009 stats.

AB51, s. 8 Section 8. 40.02 (28) of the statutes is amended to read:

AB51,5,24 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any charter school under contract with a school board or with an entity specified in s. 118.40 (2r) (b) 1., any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB51, s. 9 Section 9. 40.02 (36) of the statutes is amended to read:

AB51,6,12 40.02 (36) "Governing body" means the legislature or the head of each state agency with respect to employees of that agency for the state, the common council in cities, the village board in villages, the town board in towns, the county board in counties, the school board in school districts, or the board, commission or other governing body having the final authority for any other unit of government, for any agency or instrumentality of 2 or more units of government, for any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, for a local exposition district created under subch. II of ch. 229, for a charter school under contract with a school board or with an entity specified in s. 118.40 (2r) (b) 1., or for a long-term care district created under s. 46.2895, but does not include a local cultural arts district created under subch. V of ch. 229.

AB51, s. 10 Section 10. 40.51 (1) of the statutes is amended to read:

AB51,6,17 40.51 (1) The procedures and provisions pertaining to enrollment, premium transmitted and coverage of eligible employees and employees eligible for health care coverage under s. 40.515 for health care benefits shall be established by contract or rule except as otherwise specifically provided by this chapter.

AB51, s. 11 Section 11. 40.515 of the statutes is created to read:

AB51,7,2 40.515 Health care coverage for individuals employed by charter school governing boards. Beginning on the January 1 that first occurs after the effective date of this subsection .... [LRB inserts date], any charter school governing board operating a charter school under contract with the charter school authorizing board may elect coverage for its employees under any health care coverage plan offered to local government employees under s. 40.51 (7), during any applicable enrollment period, subject to any conditions established by contract or by rule under s. 40.51 (1).

AB51, s. 12 Section 12. 111.81 (7) (f) of the statutes is amended to read:

AB51,7,6 111.81 (7) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2009 stats.

AB51, s. 13 Section 13. 111.815 (1) of the statutes is amended to read:

AB51,8,9 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services to use collective bargaining as the method of setting rates for reimbursement of home care providers, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office, or the department of health services with regard to collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g), shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1m), (2) (f), and (2g), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2009 stats., is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2g), the department of health services is responsible for the employer functions of the executive branch under this subchapter.

AB51, s. 14 Section 14. 111.825 (2) (f) of the statutes is amended to read:

AB51,8,13 111.825 (2) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2009 stats.

AB51, s. 15 Section 15. 111.92 (1) (c) of the statutes is amended to read:

AB51,8,20 111.92 (1) (c) Any tentative agreement reached between the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2009 stats., acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (2) (f) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.

AB51, s. 16 Section 16. 115.001 (1) of the statutes is amended to read:

AB51,8,24 115.001 (1) Charter school. "Charter school" means a school under contract with a school board under s. 118.40 or with one of the entities under s. 118.40 (2r) (b), or a school established and operated by one of the entities under s. 118.40 (2r) (b).

AB51, s. 17 Section 17. 115.001 (16) of the statutes is amended to read:

AB51,9,5 115.001 (16) Virtual charter school. "Virtual charter school" means a charter school under contract with a school board under s. 118.40 in which all or a portion of the instruction is provided through means of the Internet, and the pupils enrolled in and instructional staff employed by the school are geographically remote from each other.

AB51, s. 18 Section 18. 118.19 (14) of the statutes is created to read:

AB51,9,11 118.19 (14) The department shall promulgate rules establishing a charter school teaching license that allows the licensee to teach multiple subjects in a charter school. The rules shall require the applicant to demonstrate competence in each subject that he or she wishes to teach and shall provide the applicant several means of doing so.

AB51, s. 19 Section 19. 118.395 of the statutes is created to read:

AB51,9,16 118.395 Charter school authorizing board; executive director, staff. (1) The charter school authorizing board shall appoint an executive director outside the classified service. The executive director shall coordinate the activities of the board and exercise such further powers, functions and duties as the board prescribes.

AB51,9,20 (2) The executive director of the charter school authorizing board may employ 4 professional staff members outside the classified service. Subject to authorization under s. 16.505, the executive director may employ additional professional staff members outside the classified service.

AB51, s. 20 Section 20. 118.40 (2m) (a) of the statutes is amended to read:

AB51,9,25 118.40 (2m) (a) A school board may on its own initiative contract with a person nonprofit corporation to operate a school as a charter school. The contract shall include all of the provisions specified under sub. (1m) (b) and may include other provisions agreed to by the parties.

AB51, s. 21 Section 21. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

AB51,10,5 118.40 (2r) (b) 1. (intro.) All Any of the following entities may establish by charter and operate a charter school or, on behalf of their respective entities, may initiate a contract with an individual or group a nonprofit corporation to operate a school as a charter school:

AB51, s. 22 Section 22. 118.40 (2r) (b) 1. e. and f. of the statutes are created to read:

AB51,10,8 118.40 (2r) (b) 1. e. The board of control of a cooperative educational service agency.

AB51,10,9 f. The charter school authorizing board.

AB51, s. 23 Section 23. 118.40 (2r) (b) 2. of the statutes is amended to read:

AB51,10,19 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under sub. (1m) (b) 3. to 14. A contract shall include all of the provisions specified under sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter school on the liability of the contracting entity under this paragraph. The contract may include other provisions agreed to by the parties. The chancellor of the University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may not establish or enter into a contract for the establishment of a charter school under this paragraph without the approval of the board of regents of the University of Wisconsin System.

AB51, s. 24 Section 24. 118.40 (2r) (b) 3. (intro.) of the statutes is amended to read:

AB51,11,3 118.40 (2r) (b) 3. (intro.) If the chancellor of the University of Wisconsin-Parkside contracts for the establishment of a charter school, the contract shall also provide that the charter school must be operated by a governing board and that the chancellor or his or her designee must be a member of the governing board. In addition, if and the contract provides that the instructional staff of the charter school shall consist of employees of the board of regents of the University of Wisconsin System, the contract shall also include provisions that do all of the following:

AB51, s. 25 Section 25. 118.40 (2r) (b) 4. of the statutes is repealed.

AB51, s. 26 Section 26. 118.40 (2r) (bm) of the statutes is amended to read:

AB51,11,15 118.40 (2r) (bm) The common council of the city of Milwaukee, the chancellor of the University of Wisconsin-Milwaukee, and the Milwaukee area technical college district board may only establish or enter into a contract for the establishment of a charter school located in the school district operating under ch. 119. The chancellor of the University of Wisconsin-Parkside may only establish or enter into a contract for the establishment of a charter school located in a unified school district that is located in the county in which the University of Wisconsin-Parkside is situated or in an adjacent county. The board of control of a cooperative educational service agency may only contract for the establishment of a charter school located in the agency's territory.

AB51, s. 27 Section 27. 118.40 (2r) (c) and (cm) of the statutes are repealed.

AB51, s. 28 Section 28. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

AB51,11,19 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

AB51, s. 29 Section 29. 118.40 (2r) (e) 2. of the statutes is amended to read:

AB51,12,3 118.40 (2r) (e) 2. If the chancellor of the University of Wisconsin-Parkside establishes or contracts for the establishment of a charter school under this subsection, in March the department shall pay to the unified school district in which the charter school is located, from the appropriation under s. 20.255 (2) (fm), an amount equal to the amount of school aid per pupil to which the unified school district is eligible in the current school year multiplied by the number of pupils attending the charter school who attended the charter school in the 2010-11 school year and who were previously enrolled in the unified school district.

AB51, s. 30 Section 30. 118.40 (2r) (f) of the statutes is amended to read:

AB51,12,10 118.40 (2r) (f) If the chancellor of the University of Wisconsin-Parkside establishes or contracts for the establishment of a charter school under this subsection, biennially the chancellor shall submit a report to the legislature under s. 13.172 (2). The report shall include information on the academic performance of the pupils who attend the charter school and on the success of the governance structure of the charter school.

AB51, s. 31 Section 31. 118.40 (2r) (g) of the statutes is created to read: