SB22, s. 38 14Section 38. 118.40 (4) (title) of the statutes is amended to read:
SB22,14,1615 118.40 (4) (title) Charter school governing board; duties, powers, and
16restrictions.
SB22, s. 39 17Section 39. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and
18118.40 (4) (ar) (intro.), as renumbered, is amended to read:
SB22,14,2019 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of
20the following:
SB22, s. 40 21Section 40. 118.40 (4) (ag) of the statutes is created to read:
SB22,15,222 118.40 (4) (ag) Governing board. Each charter school shall be organized as a
23nonprofit corporation and shall be governed by a governing board that is a party to
24the contract with the authorizing entity. No governing board member may be a

1member or employee of the governing body of the authorizing entity. No more than
2a minority of the governing board's members may be charter school staff.
SB22, s. 41 3Section 41. 118.40 (4) (ar) 3. of the statutes is created to read:
SB22,15,114 118.40 (4) (ar) 3. If the governing board is under contract with the charter
5school authorizing board, annually pay to the board a fee equal to the amount
6determined by dividing the operational costs of all charter schools that it operated
7under contract with the board in the previous school year by the total number of
8pupils enrolled in all such charter schools in the previous school year and multiplying
9the quotient by 0.02. In order to determine the fee payable in the first school year
10of operation, the charter school governing board shall estimate its total operational
11costs and total pupil enrollment in that school year.
SB22, s. 42 12Section 42. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and
13amended to read:
SB22,15,1914 118.40 (3) (h) Single-sex schools and courses. A school board may enter into
15a contract for,
and an entity under sub. (2r) may establish or enter into a contract
16for, the establishment of a charter school that enrolls only one sex or that provides
17one or more courses that enroll only one sex if the school board or entity under sub.
18(2r) makes available to the opposite sex, under the same policies and criteria of
19admission, schools or courses that are comparable to each such school or course.
SB22, s. 43 20Section 43. 118.40 (4) (d) of the statutes is created to read:
SB22,15,2321 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school
22governing board has all the powers necessary to carry out the terms of its contract,
23including the following:
SB22,15,2424 1. To receive and disburse funds for school purposes.
SB22,15,2525 2. To secure appropriate insurance.
SB22,16,4
13. To enter into contracts, including contracts with a University of Wisconsin
2institution or college campus, technical college district board, or private college or
3university, for technical or financial assistance, academic support, curriculum
4review, or other services.
SB22,16,55 4. To incur debt in reasonable anticipation of the receipt of funds.
SB22,16,76 5. To pledge, assign, or encumber its assets to be used as collateral for loans or
7extensions of credit.
SB22,16,88 6. To solicit and accept gifts or grants for school purposes.
SB22,16,99 7. To acquire real property for its use.
SB22,16,1010 8. To sue and be sued in its own name.
SB22, s. 44 11Section 44. 118.40 (4) (e) of the statutes is created to read:
SB22,16,1512 118.40 (4) (e) Immunity from civil and criminal liability. A school board or an
13entity under sub. (2r) (b), and its officers and employees, are immune from civil and
14criminal liability for any activities of a charter school with which the school board
15or entity under sub. (2r) (b) contracts.
SB22, s. 45 16Section 45. 118.40 (4) (f) of the statutes is created to read:
SB22,16,2017 118.40 (4) (f) Local educational agency. A charter school is a local educational
18agency under 20 USC 6301 to 6578 and as such is eligible for funding as a local
19educational agency, and shall comply with all requirements of local educational
20agencies, under 20 USC 6301 to 6578.
SB22, s. 46 21Section 46. 118.40 (7) (am) 1. of the statutes is amended to read:
SB22,17,422 118.40 (7) (am) 1. Except as provided in subds. subd. 2. and 3., if a charter
23school is established under sub. (2m) and located in the school district operating
24under ch. 119, the school board of that school district shall determine whether or not
25the charter school is an instrumentality of the school district. If the school board

1determines that a charter school is an instrumentality of the school district, the
2school board shall employ all personnel for the charter school. If the school board
3determines that a charter school is not an instrumentality of the school district, the
4school board may not employ any personnel for the charter school.
SB22, s. 47 5Section 47. 118.40 (7) (am) 3. of the statutes is repealed.
SB22, s. 48 6Section 48. 118.40 (7) (c) of the statutes is created to read:
SB22,17,97 118.40 (7) (c) For the purpose of eligibility for participation in the Wisconsin
8Retirement System, a charter school is considered a public entity that is carrying out
9a governmental purpose.
SB22, s. 49 10Section 49. 118.40 (8) (a) (intro.) of the statutes is amended to read:
SB22,17,1311 118.40 (8) (a) Location. (intro.) For the purposes of sub. (7) (a), (am), and (ar),
12a virtual charter school under contract with one or more school boards is considered
13to be located in the following school district:
SB22, s. 50 14Section 50. 118.40 (8) (f) 1. of the statutes is amended to read:
SB22,17,1715 118.40 (8) (f) 1. The members of the school board governing body of the entity
16that contracted for the establishment of the virtual charter school and the
17administrators of that school district entity.
SB22, s. 51 18Section 51. 118.40 (8) (g) 2. of the statutes is amended to read:
SB22,18,619 118.40 (8) (g) 2. Subject to subd. 2m., the third time in the same semester that
20a pupil attending a virtual charter school fails to respond appropriately to a school
21assignment or directive from instructional staff within 5 school days, the governing
22body of the virtual charter school shall also notify the school board governing body
23of the entity
that contracted for the establishment of the virtual charter school, the
24school board of the pupil's resident school district, and the department. The school
25board
governing body of the entity that contracted for the establishment of the

1virtual charter school may transfer the pupil to his or her resident school district.
2If the pupil is a resident of the school district that contracted for the establishment
3of the virtual charter school, the school board may assign the pupil to another school
4or program within that school district. If the school board governing body transfers
5or the school board assigns a pupil, it shall notify the pupil's parent or guardian and
6the department.
SB22, s. 52 7Section 52. 118.40 (8) (g) 3. of the statutes is amended to read:
SB22,18,128 118.40 (8) (g) 3. The parent or guardian of a pupil transferred to the pupil's
9resident school district under subd. 2. may appeal the transfer to the department
10within 30 days after receipt of the notice of transfer. The department shall affirm
11the school board's governing body's decision unless the department finds that the
12decision was arbitrary or unreasonable.
SB22, s. 53 13Section 53. 118.40 (8) (h) of the statutes is repealed.
SB22, s. 54 14Section 54. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ar).
SB22, s. 55 15Section 55. 118.51 (1) (ag) of the statutes is created to read:
SB22,18,1716 118.51 (1) (ag) "Charter school" excludes a school under contract with an entity
17under s. 118.40 (2r) (b).
SB22, s. 56 18Section 56. 118.51 (3) (a) 6. of the statutes is amended to read:
SB22,18,2419 118.51 (3) (a) 6. If an application is accepted, on or before the first Friday
20following the first Monday in June following receipt of a notice of acceptance, or
21within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting
22list under s. 118.40 (8) (h) 5.,
the pupil's parent shall notify the nonresident school
23board of the pupil's intent to attend school in that school district in the following
24school year.
SB22, s. 57 25Section 57. 118.51 (3) (a) 7. of the statutes is repealed.
SB22, s. 58
1Section 58. 118.51 (3) (b) of the statutes is amended to read:
SB22,19,82 118.51 (3) (b) Notice to resident school district. Annually by June 30, each
3nonresident school board that has accepted a pupil under this section for attendance
4in the following school year shall report the name of the pupil to the pupil's resident
5school board. If a pupil is selected from a waiting list under s. 118.40 (8) (h) 5., the
6nonresident school board shall report the name of the pupil to the pupil's resident
7school board within 10 days of receiving notice of the pupil's selection from the
8department.
SB22, s. 59 9Section 59. 119.60 (5) of the statutes is created to read:
SB22,19,1210 119.60 (5) Annually by August 1 the common council shall report to the
11department, the charter school authorizing board, and the legislature under s.
1213.172 (2) all of the following:
SB22,19,1613 (a) All instances in the previous school year in which a person expressed
14interest in purchasing or leasing any city-owned property used for school purposes
15to a city official or employee. If the property was not sold or leased, the report shall
16indicate the reason.
SB22,19,1917 (b) All sales of city-owned property used for school purposes that occurred in
18the previous school year and all leases of such property that were entered into in the
19previous school year.
SB22, s. 60 20Section 60. 121.02 (1) (a) 2. of the statutes is amended to read:
SB22,20,321 121.02 (1) (a) 2. Subject Except as provided in s. 118.40 (2r) (d) 1. and subject
22to s. 118.40 (8) (b) 2., ensure that all instructional staff of charter schools located in
23the school district hold a license or permit to teach issued by the department. For
24purposes of this subdivision, a virtual charter school under contract with one or more
25school boards
is located in the school district specified in s. 118.40 (8) (a) and a charter

1school established under s. 118.40 (3) (c) 1. c. is located in the school district specified
2in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining
3"instructional staff" for purposes of this subdivision.
SB22, s. 61 4Section 61. 121.08 (4) (a) 1. of the statutes is amended to read:
SB22,20,85 121.08 (4) (a) 1. In the 2009-10 and 2010-11 school year, add Add the amounts
6paid under s. 118.40 (2r) in the current school year, and in the 2011-12 school year
7and each school year thereafter, add the amounts paid under s. 118.40 (2r) in the
82010-11 school year
.
SB22, s. 62 9Section 62. 230.08 (2) (dm) of the statutes is amended to read:
SB22,20,1210 230.08 (2) (dm) Instructional staff employed by the board of regents of the
11University of Wisconsin System who provide services for a charter school established
12by contract under s. 118.40 (2r) (cm), 2009 stats.
SB22, s. 63 13Section 63. 230.08 (2) (wc) of the statutes is created to read:
SB22,20,1514 230.08 (2) (wc) Professional staff members of the charter school authorizing
15board authorized under s. 118.395 (2).
SB22, s. 64 16Section 64. 230.35 (1s) of the statutes is amended to read:
SB22,20,2317 230.35 (1s) Annual leave of absence with pay for instructional staff employed
18by the board of regents of the University of Wisconsin System who provide services
19for a charter school established by contract under s. 118.40 (2r) (cm), 2009 stats.,
20shall be determined by the governing board of the charter school established by
21contract under s. 118.40 (2r) (cm), 2009 stats., as approved by the chancellor of the
22University of Wisconsin-Parkside and subject to the terms of any collective
23bargaining agreement under subch. V of ch. 111 covering the instructional staff.
SB22, s. 65 24Section 65. Nonstatutory provisions.
SB22,21,12
1(1) Notwithstanding section 15.56 (1) of the statutes, as created by this act, of
2the initial members appointed to the charter school authorizing board under section
315.56 (1) (a) of the statutes, as created by this act, one member shall be appointed
4for a term expiring on May 1, 2013, and one member shall be appointed for a term
5expiring on May 1, 2015; of the initial members appointed under section 15.56 (1) (b)
6of the statutes, as created by this act, one member shall be appointed for a term
7expiring on May 1, 2013, and one member shall be appointed for a term expiring on
8May 1, 2015; and of the initial members appointed under section 15.56 (1) (c) of the
9statutes, as created by this act, one member shall be appointed for a term expiring
10on May 1, 2013, and one member shall be appointed for a term expiring on May 1,
112015. All other initial members appointed to the charter school authorizing board
12shall be appointed for terms expiring on May 1, 2014.
SB22, s. 66 13Section 66. Initial applicability.
SB22,21,1714 (1) Charter school contracts. The treatment of sections 118.40 (2m) (a), (2r)
15(b) 1. (intro.) and 2. and (e) 2., (3) (e), (f) and (g), (4) (ag), (d), and (e), and (7) (am) 3.
16of the statutes first applies to a contract for the establishment of a charter school that
17is entered into, renewed, or modified on the effective date of this subsection.
SB22,21,2018 (2) School leases. The treatment of section 118.40 (2r) (g) of the statutes first
19applies to a lease entered into, renewed, or modified on the effective date of this
20subsection.
SB22,21,2121 (End)
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