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.
AB40,1808 4Section 1808. 118.40 (8) (b) 3. of the statutes is created to read:
AB40,831,75 118.40 (8) (b) 3. The department may not require a person licensed as provided
6under subd. 1. to complete professional development not required of any other
7individual required to be licensed under s. 118.19.
AB40,1809 8Section 1809. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ag).
AB40,1810 9Section 1810. 118.51 (1) (ad) of the statutes is created to read:
AB40,831,1110 118.51 (1) (ad) "Charter school" excludes a school under contract with an entity
11under s. 118.40 (2r) (b).
AB40,1811 12Section 1811. 118.52 (title) of the statutes is repealed and recreated to read:
AB40,831,13 13118.52 (title) Course options.
AB40,1812 14Section 1812. 118.52 (1) (a) of the statutes is renumbered 118.52 (1) (ar).
AB40,1813 15Section 1813. 118.52 (1) (am) of the statutes is created to read:
AB40,831,1916 118.52 (1) (am) "Educational institution" includes a public school in a
17nonresident school district, the University of Wisconsin System, a technical college,
18a nonprofit institution of higher education, a tribal college, a charter school, and any
19nonprofit organization that has been approved by the department.
AB40,1814 20Section 1814. 118.52 (2) of the statutes is amended to read:
AB40,832,221 118.52 (2) Applicability. Beginning in the 1998-99 school year, a A pupil
22enrolled in a public school in the high school grades may attend public school in a
23nonresident school district
an educational institution under this section for the
24purpose of taking a course offered by the nonresident school district educational

1institution
. A pupil may attend no more than 2 courses at any time in nonresident
2school districts
at educational institutions under this section.
AB40,1815 3Section 1815. 118.52 (3) (a) of the statutes is amended to read:
AB40,832,134 118.52 (3) (a) The parent of a pupil who wishes to attend public school in a
5nonresident school district
an educational institution for the purpose of taking a
6course under this section shall submit an application, on a form provided by the
7department, to the school board of the nonresident school district in which
8educational institution at which the pupil wishes to attend a course not later than
96 weeks prior to the date on which the course is scheduled to commence. The
10application shall specify the course that the pupil wishes to attend and may specify
11the school or schools at which the pupil wishes to attend the course. The nonresident
12school board
educational institution shall send a copy of the application to the pupil's
13resident school board.
AB40,1816 14Section 1816. 118.52 (3) (b) of the statutes is amended to read:
AB40,832,1815 118.52 (3) (b) If a nonresident school board an educational institution receives
16more applications for a particular course than there are spaces available in the
17course, the nonresident school board educational institution shall determine which
18pupils to accept on a random basis.
AB40,1817 19Section 1817. 118.52 (3) (c) of the statutes is amended to read:
AB40,833,220 118.52 (3) (c) No later than one week prior to the date on which the course is
21scheduled to commence, the nonresident school board educational institution shall
22notify the applicant and the resident school board, in writing, whether the
23application has been accepted and, if the application is accepted, the school at which
24the pupil may attend the course. The acceptance applies only for the following
25semester, school year or other session in which the course is offered. If the

1nonresident school board educational institution rejects an application, it shall
2include in the notice the reason for the rejection.
AB40,1818 3Section 1818. 118.52 (3) (d) 1. of the statutes is amended to read:
AB40,833,74 118.52 (3) (d) 1. If it denies an application to attend public school in a
5nonresident school district
an educational institution under sub. (6), notify the
6applicant and the nonresident school board educational institution, in writing, that
7the application has been denied and include in the notice the reason for the rejection.
AB40,1819 8Section 1819. 118.52 (3) (e) of the statutes is amended to read:
AB40,833,139 118.52 (3) (e) Following receipt of a notice of acceptance but prior to the date
10on which the course is scheduled to commence, the pupil's parent shall notify the
11resident school board and nonresident school board the educational institution of the
12pupil's intent to attend the course in at the nonresident school district educational
13institution
.
AB40,1820 14Section 1820. 118.52 (6) (a) of the statutes is amended to read:
AB40,833,1915 118.52 (6) (a) Individualized education program requirements. The school
16board of a pupil's resident school district shall reject a pupil's application to attend
17a course in a public school in a nonresident school district at an educational
18institution
if the resident school board determines that the course conflicts with the
19individualized education program for the pupil under s. 115.787 (2).
AB40,1821 20Section 1821. 118.52 (6) (b) of the statutes is repealed.
AB40,1822 21Section 1822. 118.52 (6) (c) of the statutes is created to read:
AB40,833,2522 118.52 (6) (c) Pupil plan; high school graduation requirements. The school
23board of a pupil's resident school district may reject an application by a pupil to
24attend a course at an educational institution if the resident school board determines
25that any of the following apply:
AB40,834,2
11. The course does not satisfy a high school graduation requirement under s.
2118.33.
AB40,834,43 2. The course does not conform to or support the pupil's academic and career
4plan under s. 115.28 (59) (a), if any.
AB40,1823 5Section 1823. 118.52 (8) of the statutes is amended to read:
AB40,834,126 118.52 (8) Appeal of rejection. If an application is rejected under sub. (5) (3)
7(c)
or a pupil is prohibited from attending a course in a public school in a nonresident
8school district
at an educational institution under sub. (6), the pupil's parent may
9appeal the decision to the department within 30 days after the decision. The
10department shall affirm the school board's decision unless the department finds that
11the decision was arbitrary or unreasonable. The department's decision is final and
12is not subject to judicial review under subch. III of ch. 227.
AB40,1824 13Section 1824. 118.52 (9) of the statutes is amended to read:
AB40,834,1814 118.52 (9) Rights and privileges of nonresident pupils. A pupil attending a
15course in a public school in a nonresident school district at an educational institution
16under this section has all of the rights and privileges of other pupils residing in that
17school district
attending the educational institution and is subject to the same rules
18and regulations as those pupils residing in that school district.
AB40,1825 19Section 1825. 118.52 (10) of the statutes is amended to read:
AB40,835,220 118.52 (10) Disciplinary records. Notwithstanding s. 118.125, the resident
21school board shall provide to the nonresident school board educational institution to
22which a pupil has applied under this section, upon request by that school board
23educational institution, a copy of any expulsion findings and orders, a copy of records
24of any pending disciplinary proceeding involving the pupil, a written explanation of
25the reasons for the expulsion or pending disciplinary proceeding and the length of

1the term of the expulsion or the possible outcomes of the pending disciplinary
2proceeding.
AB40,1826 3Section 1826. 118.52 (11) (a) and (b) of the statutes are amended to read:
AB40,835,74 118.52 (11) (a) Responsibility. The parent of a pupil attending a course in a
5public school in a nonresident school district
at an educational institution under this
6section is responsible for transporting the pupil to and from the course that the pupil
7is attending.
AB40,835,178 (b) Low-income assistance. The parent of a pupil who is attending a course in
9a public school in a nonresident school district
at an educational institution under
10this section may apply to the department for reimbursement of the costs incurred by
11the parent for the transportation of the pupil to and from the pupil's residence or
12school in which the pupil is enrolled and the school at which educational institution
13that
the pupil is attending for the course if the pupil and parent are unable to pay
14the cost of such transportation. The department shall determine the reimbursement
15amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy).
16The department shall give preference under this paragraph to those pupils who are
17eligible for a free or reduced-price lunch under 42 USC 1758 (b).
AB40,1827 18Section 1827. 118.52 (12) of the statutes is amended to read:
AB40,836,219 118.52 (12) Tuition. The resident school board shall pay to the nonresident
20school board
educational institution, for each resident pupil attending a course in a
21public school in the nonresident school district
at the educational institution under
22this section, an amount equal to the cost of providing the course to the pupil,
23calculated in a manner determined by the department. The educational institution
24may not charge to or receive from the pupil or the pupil's resident school board any

1additional payment for a pupil attending a course at the educational institution
2under this section.
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