AB40,821,1817 j. A requirement that the charter school governing board participate in any
18training provided by the entity under subd. 1.
AB40,821,2019 k. A description of all fees that the entity under subd. 1. will charge the charter
20school governing board.
AB40,1778 21Section 1778. 118.40 (2r) (b) 3. of the statutes is repealed and recreated to
22read:
AB40,821,2523 118.40 (2r) (b) 3. If an entity specified in subd. 1. a. to d. was operating a charter
24school itself immediately prior to the effective date of this subdivision .... [LRB
25inserts date], it may continue to do so.
AB40,1779
1Section 1779. 118.40 (2r) (bm) of the statutes is repealed and recreated to
2read:
AB40,822,73 118.40 (2r) (bm) 1. A nonprofit, nonsectarian organization or a consortium of
4such organizations that wishes to contract with a charter school governing board to
5operate a charter school shall submit an application to the charter school oversight
6board. The application shall include all of the following and any other information
7requested by the board:
AB40,822,108 a. A strategic plan for contracting with charter school governing boards that
9submit high-quality proposals for charter schools that meet identified educational
10needs and promote a diversity of educational choices.
AB40,822,1511 b. A performance framework for use in supervising and evaluating charter
12schools that addresses pupil academic proficiency, growth in pupil academic
13achievement, gaps in achievement between groups of pupils, pupil attendance, the
14readiness of pupils for postsecondary education, the financial proficiency and
15sustainability of charter schools, and charter school management.
AB40,822,1816 c. An assurance that the organization or consortium will ensure accountability
17and transparency on the part of those charter school governing boards with which
18it contracts.
AB40,822,2119 d. A plan, including corrective action strategies, designed to improve a charter
20school under contract with the organization or consortium, or to close such a charter
21school, based on contractual performance standards.
AB40,822,2322 e. A description of the types of charter schools the organization or consortium
23is seeking to establish, and their potential attendance areas.
AB40,823,3
1f. Information on the organization's or consortium's finances and other
2resources necessary for the charter school oversight board to determine the
3applicant's ability to perform its functions under this section.
AB40,823,54 g. A plan for entering into additional contracts in order to replicate successful
5charter schools.
AB40,823,76 2. The charter school oversight board shall approve or deny an application
7within 90 days of receiving the application.
AB40,1780 8Section 1780. 118.40 (2r) (c) of the statutes is repealed and recreated to read:
AB40,823,109 118.40 (2r) (c) 1. An entity under par. (b) 1. may contract for the operation of
10a charter school located anywhere in this state.
AB40,823,1611 4. a. A school board may prohibit a pupil who resides in the school district from
12attending a charter school established under this subsection unless the school
13district's membership, as defined in s. 121.004 (5), is at least 4,000 and at least 2
14public schools in the school district were rated "fails to meet expectations" or "meets
15few expectations" in the most recent school report published by the department
16under s. 115.385.
AB40,823,2217 b. A pupil who wishes to attend a charter school established under this
18subsection and who resides in a school district in which the school board may prohibit
19pupils from attending a charter school established under this subsection shall
20submit an application to the school board. Within 30 days of receiving the
21application, the school board shall issue a decision allowing or prohibiting the pupil
22from attending the charter school.
AB40,1781 23Section 1781. 118.40 (2r) (cm) of the statutes is repealed.
AB40,1782 24Section 1782. 118.40 (2r) (e) 1m. of the statutes is repealed.
AB40,1783 25Section 1783. 118.40 (2r) (e) 2m. of the statutes is amended to read:
AB40,824,6
1118.40 (2r) (e) 2m. In the 2013-14 school year and in each school year
2thereafter
, from the appropriation under s. 20.255 (2) (fm), the department shall pay
3to the operator of the charter school an amount equal to the sum of the amount paid
4per pupil under this paragraph in the previous school year and the per pupil revenue
5limit adjustment under s. 121.91 (2m) in the current school year,
$7,852 multiplied
6by the number of pupils attending the charter school.
AB40,1784 7Section 1784. 118.40 (2r) (e) 2n. of the statutes is created to read:
AB40,824,118 118.40 (2r) (e) 2n. In the 2014-15 school year and in each school year
9thereafter, from the appropriation under s. 20.255 (2) (fm), the department shall pay
10to the operator of the charter school an amount equal to $7,931 multiplied by the
11number of pupils attending the charter school.
AB40,1785 12Section 1785. 118.40 (2r) (e) 3m. of the statutes is amended to read:
AB40,824,1713 118.40 (2r) (e) 3m. The amount paid per pupil under this paragraph may not
14be less than the amount paid per pupil under this paragraph in the previous school
15year.
The department shall pay 25% of the total amount in September, 25% in
16December, 25% in February, and 25% in June. The department shall send the check
17to the operator of the charter school.
AB40,1786 18Section 1786. 118.40 (2r) (e) 4. of the statutes is repealed.
AB40,1787 19Section 1787. 118.40 (2r) (f) of the statutes is created to read:
AB40,824,2320 118.40 (2r) (f) A charter school established under this subsection is a local
21educational agency under 20 USC 6301 to 6578 and as such is eligible for funding as
22a local educational agency, and shall comply with all requirements of local
23educational agencies, under 20 USC 6301 to 6578.
AB40,1788 24Section 1788. 118.40 (2r) (g) of the statutes is created to read:
AB40,825,9
1118.40 (2r) (g) If a charter school established by contract with an entity under
2par. (b) 1. a. to d. is in operation on the effective date of this paragraph .... [LRB inserts
3date], and the charter school receives a rating of "exceeds expectations" or
4"significantly exceeds expectations" in the most recent school report published by the
5department under s. 115.385, the person operating the charter school may open one
6or more additional charter schools notwithstanding the terms of the existing
7contract. All provisions of the existing contract, other than any provision that
8conflicts with this paragraph, apply to the new school or schools unless parties agree
9to amend the existing contract or enter into a new contract.
AB40,1789 10Section 1789. 118.40 (3) (a) of the statutes is amended to read:
AB40,825,1511 118.40 (3) (a) If the school board grants the petition under sub. (2), the school
12board shall contract with the person named in the petition under sub. (1m) (b) 1. to
13operate the school as a charter school under this section. The contract shall include
14all of the provisions specified in the petition and may include other provisions agreed
15to by the parties, except as otherwise provided in this section.
AB40,1790 16Section 1790. 118.40 (3) (b) of the statutes is amended to read:
AB40,825,2117 118.40 (3) (b) A contract under par. (a) or under subs. (2m) or (2r) may be for
18any term not exceeding 5 school years and may be renewed for one or more terms not
19exceeding 5 school years. The contract shall specify the amount to be paid to the
20charter school during each school year of the contract, except as provided in par. (i)
211
.
AB40,1791 22Section 1791. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (a) 3.
23and amended to read:
AB40,826,3
1118.40 (3m) (a) 3. A school board or an entity under sub. (2r) (b) shall give Give
2preference in awarding contracts for the operation of charter schools to those charter
3schools that serve children at risk, as defined in s. 118.153 (1) (a).
AB40,1792 4Section 1792. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (a) 2.
5and amended to read:
AB40,826,96 118.40 (3m) (a) 2. When establishing or contracting for the establishment of
7a charter school under this section, a school board or entity specified under sub. (2r)
8(b) shall consider
adhere to the principles and standards for quality charter schools
9established by the National Association of Charter School Authorizers.
AB40,1793 10Section 1793. 118.40 (3) (f) of the statutes is created to read:
AB40,826,1411 118.40 (3) (f) A contract with a school board or an entity under sub. (2r) (b) may
12provide for the establishment of more than one charter school, and a charter school
13governing board may enter into more than one contract with a school board or entity
14under sub. (2r) (b).
AB40,1794 15Section 1794. 118.40 (3) (g) of the statutes is created to read:
AB40,826,1916 118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a
17contract with a school board or an entity under sub. (2r) (b) shall require that if the
18capacity of the charter school is insufficient to accept all pupils who apply, the charter
19school shall accept pupils at random.
AB40,826,2220 2. A charter school shall give preference in enrollment to pupils who were
21enrolled in the charter school in the previous school year and to siblings of pupils who
22are enrolled in the charter school.
AB40,827,223 3. A charter school may give preference in enrollment to the children of the
24charter school's founders, governing board members, and full-time employees, but

1the total number of such children given preference may constitute no more than 10
2percent of the charter school's total enrollment.
AB40,1795 3Section 1795. 118.40 (3) (i) of the statutes is created to read:
AB40,827,64 118.40 (3) (i) A contract under par. (a) or sub. (2m) in which the charter school
5is an instrumentality of the school district, as provided in sub. (7), shall do all of the
6following:
AB40,827,97 1. Specify the amount the school board will pay to the operator of the charter
8school for each resident pupil attending the charter school. The amount shall be
9commensurate with the average per pupil cost for the school district.
AB40,827,1410 2. Grant the operator of the charter school sole discretion over the charter
11school's budget, curriculum, and professional development, and notwithstanding
12sub. (7) (a) and (am), over the hiring of personnel and personnel policies for the
13charter school, except where a decision in any of these areas affects the health or
14safety of pupils or staff, as determined by the school board.
AB40,827,1615 3. Not impose on the operator of the charter school any requirement in chs. 115
16to 121 that does not explicitly apply to charter schools.
AB40,1796 17Section 1796. 118.40 (3m) (title) and (a) (intro.) of the statutes are created to
18read:
AB40,827,2019 118.40 (3m) (title) Authorizing entity duties. (a) (intro.) A school board or
20entity under sub. (2r) (b) shall do all of the following:
AB40,1797 21Section 1797. 118.40 (3m) (a) 1. and 4. to 6. of the statutes are created to read:
AB40,827,2222 118.40 (3m) (a) 1. Solicit and evaluate charter school applications.
AB40,827,2423 4. Approve only high-quality charter school applications that meet identified
24educational needs and promote a diversity of educational choices.
AB40,828,3
15. In accordance with the terms of each charter school contract, monitor the
2performance and compliance with this section of each charter school with which it
3contracts.
AB40,828,54 6. Annually, submit to the state superintendent and to the legislature under
5s. 13.172 (2) a report that includes all of the following:
AB40,828,96 a. An identification of each charter school operating under contract with it,
7each charter school that operated under a contract with it but had its contract
8nonrenewed or revoked or that closed, and each charter school under contract with
9it that has not yet begun to operate.
AB40,828,1110 b. The academic and financial performance of each charter school operated
11under contract with it.
AB40,828,1412 c. The operating costs of the school board or entity under sub. (2r) (b) incurred
13under subds. 1. to 5., detailed in an audited financial statement prepared in
14accordance with generally accepted accounting principles.
AB40,828,1715 d. The services the school board or entity under sub. (2r) (b) has provided to the
16charter schools under contract with it and an itemized accounting of the cost of the
17services.
AB40,1798 18Section 1798. 118.40 (3m) (b) of the statutes is created to read:
AB40,828,2119 118.40 (3m) (b) An organization or consortium approved by the charter school
20oversight board under sub. (2r) (bm) annually shall submit a report to the charter
21school oversight board that includes all the information specified in par. (a) 6.
AB40,1799 22Section 1799. 118.40 (4) (title) of the statutes is amended to read:
AB40,828,2423 118.40 (4) (title) Charter school governing board; duties, powers, and
24restrictions.
AB40,1800
1Section 1800. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and
2118.40 (4) (ar) (intro.), as renumbered, is amended to read:
AB40,829,43 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of
4the following:
AB40,1801 5Section 1801. 118.40 (4) (ag) of the statutes is created to read:
AB40,829,106 118.40 (4) (ag) Governing board. Each charter school shall be governed by a
7governing board that is a party to the contract with the authorizing entity. No more
8than a minority of the governing board's members may be employees of the charter
9school or employees or officers of the school district in which the charter school is
10located.
AB40,1802 11Section 1802. 118.40 (4) (b) (intro.) of the statutes is amended to read:
AB40,829,1312 118.40 (4) (b) Restrictions. (intro.) A charter school governing board may not
13do any of the following:
AB40,1803 14Section 1803. 118.40 (4) (b) 2. of the statutes is amended to read:
AB40,829,1815 118.40 (4) (b) 2. Except as provided in par. (c) sub. (3) (h), discriminate in
16admission or deny participation in any program or activity on the basis of a person's
17sex, race, religion, national origin, ancestry, pregnancy, marital or parental status,
18sexual orientation or physical, mental, emotional or learning disability.
AB40,1804 19Section 1804. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and
20amended to read:
AB40,830,221 118.40 (3) (h) Single-sex schools and courses. A school board may enter into
22a contract for,
and an entity under sub. (2r) may establish or enter into a contract for,
23the establishment of
establish a charter school that enrolls only one sex or that
24provides one or more courses that enroll only one sex if the school board or entity
25under sub. (2r) makes available to the opposite sex, under the same policies and

1criteria of admission, schools or courses that are comparable to each such school or
2course.
AB40,1805 3Section 1805. 118.40 (4) (d) of the statutes is created to read:
AB40,830,64 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school
5governing board has all the powers necessary to carry out the terms of its contract,
6including the following:
AB40,830,77 1. To receive and disburse funds for school purposes.
AB40,830,88 2. To secure appropriate insurance.
AB40,830,129 3. To enter into contracts, including contracts with a University of Wisconsin
10institution or college campus, technical college district board, or private college or
11university, for technical or financial assistance, academic support, curriculum
12review, or other services.
AB40,830,1313 4. To incur debt in reasonable anticipation of the receipt of funds.
AB40,830,1514 5. To pledge, assign, or encumber its assets to be used as collateral for loans or
15extensions of credit.
AB40,830,1616 6. To solicit and accept gifts or grants for school purposes.
AB40,830,1717 7. To acquire real property for its use.
AB40,830,1818 8. To sue and be sued in its own name.
AB40,1806 19Section 1806. 118.40 (6) of the statutes is amended to read:
AB40,830,2420 118.40 (6) Program voluntary. No Unless all of the public schools in a school
21district have been converted to charter schools under sub. (2) (b) or (2m) (b), no
pupil
22may be required to attend a charter school without his or her approval, if the pupil
23is an adult, or the approval of his or her parents parent or legal guardian, if the pupil
24is a minor.
AB40,1807 25Section 1807. 118.40 (7) (ar) of the statutes is amended to read:
AB40,831,3
1118.40 (7) (ar) Nothing in this subsection section affects the rights of personnel
2of a charter school that is an instrumentality of a school district to engage in
3collective bargaining pursuant to subch. IV of ch. 111.
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