SB22: Bill Text

SB22,13,12 118.40 (3) (g) Except as provided in sub. (4) (ar) 1., a contract with a school board or an entity under sub. (2r) (b) shall require that if the capacity of the charter school is insufficient to accept all pupils who apply, the charter school shall accept pupils at random.

SB22, s. 36 Section 36. 118.40 (3m) (intro.) of the statutes is created to read:

SB22,13,15 118.40 (3m) Charter school authorizer duties. (intro.) A school board or entity under sub. (2r) (b) shall do all of the following:

SB22, s. 37 Section 37. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:

SB22,13,17 118.40 (3m) (a) Solicit and evaluate charter school applications.

SB22,13,19 (d) Approve only high quality charter school applications that meet identified educational needs and promote a diversity of educational choices.

SB22,13,22 (e) In accordance with the terms of each charter school contract, monitor the performance and compliance with this section of each charter school with which it contracts.

SB22,13,24 (f) Annually, submit to the state superintendent and to the legislature under s. 13.172 (2) a report that includes all of the following:

SB22,14,5 1. An identification of each charter school operating under contract with the school board or entity under sub. (2r) (b), each charter school that operated under a contract with the school board or entity but had its contract nonrenewed or revoked or that closed, and each charter school under contract with the school board or entity that has not yet begun to operate.

SB22,14,7 2. The academic and financial performance of each charter school operated under contract with the school board or entity under sub. (2r) (b).

SB22,14,10 3. The services the school board or entity under sub. (2r) (b) has provided to the charter schools under contract with it and an itemized accounting of the cost of the services.

SB22,14,13 4. The operating costs of the school board or entity under sub. (2r) (b) incurred under pars. (a) to (e), detailed in an audited financial statement prepared in accordance with generally accepted accounting principles.

SB22, s. 38 Section 38. 118.40 (4) (title) of the statutes is amended to read:

SB22,14,16 118.40 (4) (title) Charter school governing board; duties, powers, and restrictions.

SB22, s. 39 Section 39. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and 118.40 (4) (ar) (intro.), as renumbered, is amended to read:

SB22,14,20 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of the following:

SB22, s. 40 Section 40. 118.40 (4) (ag) of the statutes is created to read:

SB22,15,2 118.40 (4) (ag) Governing board. Each charter school shall be organized as a nonprofit corporation and shall be governed by a governing board that is a party to the contract with the authorizing entity. No governing board member may be a member or employee of the governing body of the authorizing entity. No more than a minority of the governing board's members may be charter school staff.

SB22, s. 41 Section 41. 118.40 (4) (ar) 3. of the statutes is created to read:

SB22,15,11 118.40 (4) (ar) 3. If the governing board is under contract with the charter school authorizing board, annually pay to the board a fee equal to the amount determined by dividing the operational costs of all charter schools that it operated under contract with the board in the previous school year by the total number of pupils enrolled in all such charter schools in the previous school year and multiplying the quotient by 0.02. In order to determine the fee payable in the first school year of operation, the charter school governing board shall estimate its total operational costs and total pupil enrollment in that school year.

SB22, s. 42 Section 42. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and amended to read:

SB22,15,19 118.40 (3) (h) Single-sex schools and courses. A school board may enter into a contract for, and an entity under sub. (2r) may establish or enter into a contract for, the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board or entity under sub. (2r) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.

SB22, s. 43 Section 43. 118.40 (4) (d) of the statutes is created to read:

SB22,15,23 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school governing board has all the powers necessary to carry out the terms of its contract, including the following:

SB22,15,24 1. To receive and disburse funds for school purposes.

SB22,15,25 2. To secure appropriate insurance.

SB22,16,4 3. To enter into contracts, including contracts with a University of Wisconsin institution or college campus, technical college district board, or private college or university, for technical or financial assistance, academic support, curriculum review, or other services.

SB22,16,5 4. To incur debt in reasonable anticipation of the receipt of funds.

SB22,16,7 5. To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

SB22,16,8 6. To solicit and accept gifts or grants for school purposes.

SB22,16,9 7. To acquire real property for its use.

SB22,16,10 8. To sue and be sued in its own name.

SB22, s. 44 Section 44. 118.40 (4) (e) of the statutes is created to read:

SB22,16,15 118.40 (4) (e) Immunity from civil and criminal liability. A school board or an entity under sub. (2r) (b), and its officers and employees, are immune from civil and criminal liability for any activities of a charter school with which the school board or entity under sub. (2r) (b) contracts.

SB22, s. 45 Section 45. 118.40 (4) (f) of the statutes is created to read:

SB22,16,20 118.40 (4) (f) Local educational agency. A charter school is a local educational agency under 20 USC 6301 to 6578 and as such is eligible for funding as a local educational agency, and shall comply with all requirements of local educational agencies, under 20 USC 6301 to 6578.

SB22, s. 46 Section 46. 118.40 (7) (am) 1. of the statutes is amended to read:

SB22,17,4 118.40 (7) (am) 1. Except as provided in subds. subd. 2. and 3., if a charter school is established under sub. (2m) and located in the school district operating under ch. 119, the school board of that school district shall determine whether or not the charter school is an instrumentality of the school district. If the school board determines that a charter school is an instrumentality of the school district, the school board shall employ all personnel for the charter school. If the school board determines that a charter school is not an instrumentality of the school district, the school board may not employ any personnel for the charter school.

SB22, s. 47 Section 47. 118.40 (7) (am) 3. of the statutes is repealed.

SB22, s. 48 Section 48. 118.40 (7) (c) of the statutes is created to read:

SB22,17,9 118.40 (7) (c) For the purpose of eligibility for participation in the Wisconsin Retirement System, a charter school is considered a public entity that is carrying out a governmental purpose.

SB22, s. 49 Section 49. 118.40 (8) (a) (intro.) of the statutes is amended to read:

SB22,17,13 118.40 (8) (a) Location. (intro.) For the purposes of sub. (7) (a), (am), and (ar), a virtual charter school under contract with one or more school boards is considered to be located in the following school district:

SB22, s. 50 Section 50. 118.40 (8) (f) 1. of the statutes is amended to read:

SB22,17,17 118.40 (8) (f) 1. The members of the school board governing body of the entity that contracted for the establishment of the virtual charter school and the administrators of that school district entity.

SB22, s. 51 Section 51. 118.40 (8) (g) 2. of the statutes is amended to read:

SB22,18,6 118.40 (8) (g) 2. Subject to subd. 2m., the third time in the same semester that a pupil attending a virtual charter school fails to respond appropriately to a school assignment or directive from instructional staff within 5 school days, the governing body of the virtual charter school shall also notify the school board governing body of the entity that contracted for the establishment of the virtual charter school, the school board of the pupil's resident school district, and the department. The school board governing body of the entity that contracted for the establishment of the virtual charter school may transfer the pupil to his or her resident school district. If the pupil is a resident of the school district that contracted for the establishment of the virtual charter school, the school board may assign the pupil to another school or program within that school district. If the school board governing body transfers or the school board assigns a pupil, it shall notify the pupil's parent or guardian and the department.

SB22, s. 52 Section 52. 118.40 (8) (g) 3. of the statutes is amended to read:

SB22,18,12 118.40 (8) (g) 3. The parent or guardian of a pupil transferred to the pupil's resident school district under subd. 2. may appeal the transfer to the department within 30 days after receipt of the notice of transfer. The department shall affirm the school board's governing body's decision unless the department finds that the decision was arbitrary or unreasonable.

SB22, s. 53 Section 53. 118.40 (8) (h) of the statutes is repealed.

SB22, s. 54 Section 54. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ar).

SB22, s. 55 Section 55. 118.51 (1) (ag) of the statutes is created to read:

SB22,18,17 118.51 (1) (ag) "Charter school" excludes a school under contract with an entity under s. 118.40 (2r) (b).

SB22, s. 56 Section 56. 118.51 (3) (a) 6. of the statutes is amended to read:

SB22,18,24 118.51 (3) (a) 6. If an application is accepted, on or before the first Friday following the first Monday in June following receipt of a notice of acceptance, or within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting list under s. 118.40 (8) (h) 5., the pupil's parent shall notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.

SB22, s. 57 Section 57. 118.51 (3) (a) 7. of the statutes is repealed.

SB22, s. 58 Section 58. 118.51 (3) (b) of the statutes is amended to read:

SB22,19,8 118.51 (3) (b) Notice to resident school district. Annually by June 30, each nonresident school board that has accepted a pupil under this section for attendance in the following school year shall report the name of the pupil to the pupil's resident school board. If a pupil is selected from a waiting list under s. 118.40 (8) (h) 5., the nonresident school board shall report the name of the pupil to the pupil's resident school board within 10 days of receiving notice of the pupil's selection from the department.

SB22, s. 59 Section 59. 119.60 (5) of the statutes is created to read:

SB22,19,12 119.60 (5) Annually by August 1 the common council shall report to the department, the charter school authorizing board, and the legislature under s. 13.172 (2) all of the following:

SB22,19,16 (a) All instances in the previous school year in which a person expressed interest in purchasing or leasing any city-owned property used for school purposes to a city official or employee. If the property was not sold or leased, the report shall indicate the reason.

SB22,19,19 (b) All sales of city-owned property used for school purposes that occurred in the previous school year and all leases of such property that were entered into in the previous school year.

SB22, s. 60 Section 60. 121.02 (1) (a) 2. of the statutes is amended to read:

SB22,20,3 121.02 (1) (a) 2. Subject Except as provided in s. 118.40 (2r) (d) 1. and subject to s. 118.40 (8) (b) 2., ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. For purposes of this subdivision, a virtual charter school under contract with one or more school boards is located in the school district specified in s. 118.40 (8) (a) and a charter school established under s. 118.40 (3) (c) 1. c. is located in the school district specified in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining "instructional staff" for purposes of this subdivision.

SB22, s. 61 Section 61. 121.08 (4) (a) 1. of the statutes is amended to read:

SB22,20,8 121.08 (4) (a) 1. In the 2009-10 and 2010-11 school year, add Add the amounts paid under s. 118.40 (2r) in the current school year, and in the 2011-12 school year and each school year thereafter, add the amounts paid under s. 118.40 (2r) in the 2010-11 school year.

SB22, s. 62 Section 62. 230.08 (2) (dm) of the statutes is amended to read:

SB22,20,12 230.08 (2) (dm) 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.

SB22, s. 63 Section 63. 230.08 (2) (wc) of the statutes is created to read:

SB22,20,15 230.08 (2) (wc) Professional staff members of the charter school authorizing board authorized under s. 118.395 (2).

SB22, s. 64 Section 64. 230.35 (1s) of the statutes is amended to read:

SB22,20,23 230.35 (1s) Annual leave of absence with pay for 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., shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2009 stats., as approved by the chancellor of the University of Wisconsin-Parkside and subject to the terms of any collective bargaining agreement under subch. V of ch. 111 covering the instructional staff.

SB22, s. 65 Section 65. Nonstatutory provisions.

SB22,21,12 (1) Notwithstanding section 15.56 (1) of the statutes, as created by this act, of the initial members appointed to the charter school authorizing board under section 15.56 (1) (a) of the statutes, as created by this act, one member shall be appointed for a term expiring on May 1, 2013, and one member shall be appointed for a term expiring on May 1, 2015; of the initial members appointed under section 15.56 (1) (b) of the statutes, as created by this act, one member shall be appointed for a term expiring on May 1, 2013, and one member shall be appointed for a term expiring on May 1, 2015; and of the initial members appointed under section 15.56 (1) (c) of the statutes, as created by this act, one member shall be appointed for a term expiring on May 1, 2013, and one member shall be appointed for a term expiring on May 1, 2015. All other initial members appointed to the charter school authorizing board shall be appointed for terms expiring on May 1, 2014.

SB22, s. 66 Section 66. Initial applicability.

SB22,21,17 (1) Charter school contracts. The treatment of sections 118.40 (2m) (a), (2r) (b) 1. (intro.) and 2. and (e) 2., (3) (e), (f) and (g), (4) (ag), (d), and (e), and (7) (am) 3. of the statutes first applies to a contract for the establishment of a charter school that is entered into, renewed, or modified on the effective date of this subsection.

SB22,21,20 (2) School leases. The treatment of section 118.40 (2r) (g) of the statutes first applies to a lease entered into, renewed, or modified on the effective date of this subsection.

SB22,21,21 (End)