SB22,9,2522 118.40 (2m) (a) A school board may on its own initiative contract with a person
23nonprofit corporation to operate a school as a charter school. The contract shall
24include all of the provisions specified under sub. (1m) (b) and may include other
25provisions agreed to by the parties.
SB22, s. 21
1Section 21. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:
SB22,10,52 118.40 (2r) (b) 1. (intro.) All Any of the following entities may establish by
3charter and operate a charter school or, on behalf of their respective entities, may
4initiate a
contract with an individual or group a nonprofit corporation to operate a
5school as a charter school:
SB22, s. 22 6Section 22. 118.40 (2r) (b) 1. e. and f. of the statutes are created to read:
SB22,10,87 118.40 (2r) (b) 1. e. The board of control of a cooperative educational service
8agency.
SB22,10,99 f. The charter school authorizing board.
SB22, s. 23 10Section 23. 118.40 (2r) (b) 2. of the statutes is amended to read:
SB22,10,1911 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under
12sub. (1m) (b) 3. to 14.
A contract shall include all of the provisions specified under
13sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter
14school on the liability of the contracting entity under this paragraph. The contract
15may include other provisions agreed to by the parties. The chancellor of the
16University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may
17not establish or enter into a contract for the establishment of a charter school under
18this paragraph without the approval of the board of regents of the University of
19Wisconsin System.
SB22, s. 24 20Section 24. 118.40 (2r) (b) 3. (intro.) of the statutes is amended to read:
SB22,11,321 118.40 (2r) (b) 3. (intro.) If the chancellor of the University of
22Wisconsin-Parkside contracts for the establishment of a charter school, the contract
23shall also provide that the charter school must be operated by a governing board and
24that the chancellor or his or her designee must be a member of the governing board.
25In addition, if
and the contract provides that the instructional staff of the charter

1school shall consist of employees of the board of regents of the University of
2Wisconsin System, the contract shall also include provisions that do all of the
3following:
SB22, s. 25 4Section 25. 118.40 (2r) (b) 4. of the statutes is repealed.
SB22, s. 26 5Section 26. 118.40 (2r) (bm) of the statutes is amended to read:
SB22,11,156 118.40 (2r) (bm) The common council of the city of Milwaukee, the chancellor
7of the University of Wisconsin-Milwaukee, and the Milwaukee area technical college
8district board may only establish or enter into a contract for the establishment of a
9charter school located in the school district operating under ch. 119. The chancellor
10of the University of Wisconsin-Parkside may only establish or enter into a contract
11for the establishment of a charter school located in a unified school district that is
12located in the county in which the University of Wisconsin-Parkside is situated or
13in an adjacent county. The board of control of a cooperative educational service
14agency may only contract for the establishment of a charter school located in the
15agency's territory.
SB22, s. 27 16Section 27. 118.40 (2r) (c) and (cm) of the statutes are repealed.
SB22, s. 28 17Section 28. 118.40 (2r) (d) (intro.) of the statutes is amended to read:
SB22,11,1918 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall
19do all of the following:
SB22, s. 29 20Section 29. 118.40 (2r) (e) 2. of the statutes is amended to read:
SB22,12,321 118.40 (2r) (e) 2. If the chancellor of the University of Wisconsin-Parkside
22establishes or contracts for the establishment of a charter school under this
23subsection, in March the department shall pay to the unified school district in which
24the charter school is located, from the appropriation under s. 20.255 (2) (fm), an
25amount equal to the amount of school aid per pupil to which the unified school district

1is eligible in the current school year multiplied by the number of pupils attending the
2charter school who attended the charter school in the 2010-11 school year and who
3were previously enrolled in the unified school district.
SB22, s. 30 4Section 30. 118.40 (2r) (f) of the statutes is amended to read:
SB22,12,105 118.40 (2r) (f) If the chancellor of the University of Wisconsin-Parkside
6establishes or contracts for the establishment of a charter school under this
7subsection, biennially the chancellor shall submit a report to the legislature under
8s. 13.172 (2). The report shall include information on the academic performance of
9the pupils who attend the charter school and on the success of the governance
10structure of the charter school.
SB22, s. 31 11Section 31. 118.40 (2r) (g) of the statutes is created to read:
SB22,12,1512 118.40 (2r) (g) If a school board leases a building to the governing body of a
13charter school, the lease may not include a provision specifying that it terminates if
14the lessee enters into a contract with an entity under par. (b) to operate a charter
15school.
SB22, s. 32 16Section 32. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (c) and
17amended to read:
SB22,12,2018 118.40 (3m) (c) A school board or an entity under sub. (2r) (b) shall give Give
19preference in awarding contracts for the operation of charter schools to those charter
20schools that serve children at risk, as defined in s. 118.153 (1) (a).
SB22, s. 33 21Section 33. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (b) and
22amended to read:
SB22,13,223 118.40 (3m) (b) When establishing or When contracting for the establishment
24of a charter school under this section, a school board or entity specified under sub.

1(2r) (b) shall consider
adhere to the principles and standards for quality charter
2schools established by the National Association of Charter School Authorizers.
SB22, s. 34 3Section 34. 118.40 (3) (f) of the statutes is created to read:
SB22,13,74 118.40 (3) (f) A contract with a school board or an entity under sub. (2r) (b) may
5provide for the establishment of more than one charter school, and a charter school
6governing board may enter into more than one contract with a school board or entity
7under sub. (2r) (b).
SB22, s. 35 8Section 35. 118.40 (3) (g) of the statutes is created to read:
SB22,13,129 118.40 (3) (g) Except as provided in sub. (4) (ar) 1., a contract with a school
10board or an entity under sub. (2r) (b) shall require that if the capacity of the charter
11school is insufficient to accept all pupils who apply, the charter school shall accept
12pupils at random.
SB22, s. 36 13Section 36. 118.40 (3m) (intro.) of the statutes is created to read:
SB22,13,1514 118.40 (3m) Charter school authorizer duties. (intro.) A school board or
15entity under sub. (2r) (b) shall do all of the following:
SB22, s. 37 16Section 37. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:
SB22,13,1717 118.40 (3m) (a) Solicit and evaluate charter school applications.
SB22,13,1918 (d) Approve only high quality charter school applications that meet identified
19educational needs and promote a diversity of educational choices.
SB22,13,2220 (e) In accordance with the terms of each charter school contract, monitor the
21performance and compliance with this section of each charter school with which it
22contracts.
SB22,13,2423 (f) Annually, submit to the state superintendent and to the legislature under
24s. 13.172 (2) a report that includes all of the following:
SB22,14,5
11. An identification of each charter school operating under contract with the
2school board or entity under sub. (2r) (b), each charter school that operated under a
3contract with the school board or entity but had its contract nonrenewed or revoked
4or that closed, and each charter school under contract with the school board or entity
5that has not yet begun to operate.
SB22,14,76 2. The academic and financial performance of each charter school operated
7under contract with the school board or entity under sub. (2r) (b).
SB22,14,108 3. The services the school board or entity under sub. (2r) (b) has provided to the
9charter schools under contract with it and an itemized accounting of the cost of the
10services.
SB22,14,1311 4. The operating costs of the school board or entity under sub. (2r) (b) incurred
12under pars. (a) to (e), detailed in an audited financial statement prepared in
13accordance with generally accepted accounting principles.
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:
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