AB40: Bill Text

AB40,811,17 (b) Upon the request of a parent of a pupil receiving a scholarship, the pupil's resident school district shall administer the appropriate examinations under s. 118.30 to the pupil at no cost if the school attended by the pupil does not administer them.

AB40,811,23 (c) If a child attends a private school under this section, the school board of the child's school district of residence shall ensure that the child's individualized education program team reevaluates the child as provided in s. 115.782 (4). If the individualized education program team determines that the child is no longer a child with a disability, the child is ineligible to receive a scholarship under this section beginning in the school term following the determination.

AB40,812,2 (3m) Maintenance of effort. Whenever a pupil receives a scholarship under this section, the department and the school board of the pupil's school district of residence shall count the scholarship amount toward federal maintenance-of-effort requirements.

AB40,812,4 (4) Private school duties. Each private school participating in the program under this section shall do all of the following:

AB40,812,6 (a) Comply with all health and safety laws or codes that apply to private schools.

AB40,812,10 (b) Hold a valid certificate of occupancy, if required by the municipality in which the school is located or, if the municipality in which the school is located does not issue certificates of occupancy, obtain a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy.

AB40,812,11 (c) Comply with 42 USC 2000d.

AB40,812,15 (d) Conduct criminal background investigations of its employees and exclude from employment any person not permitted to hold a teaching license as the result of an offense and any person who might reasonably be believed to pose a threat to the safety of others.

AB40,812,22 (e) Annually submit to the department a school financial information report, prepared by a certified public accountant, that complies with uniform financial accounting standards established by the department by rule under s. 118.60 (11) (a). The report shall be accompanied by an auditor's statement that the report is free of material misstatements and fairly represents pupil costs. The report shall be limited in scope to those records that are necessary for the department to make payments to the private school.

AB40,812,25 (f) If the private school expects to receive at least $50,000 in scholarships under this section during a school year, do one of the following before the beginning of the school year:

AB40,813,3 1. File with the department a surety bond payable to the state in an amount equal to 25 percent of the total amount of scholarships expected to be received by the private school during the school year under this section.

AB40,813,7 2. File with the department financial information demonstrating that the private school has the ability to pay an amount equal to the total amount of scholarships expected to be received by the private school during the school year under this section.

AB40,813,12 (g) Provide to each applicant under sub. (1m) (e) a profile of the private school's special education program, in a form prescribed by the department, that includes the methods of instruction that will be used by the school to provide special education and related services to the child and the qualifications of the teachers and other persons who will be providing special education and related services to the child.

AB40,813,17 (h) 1. Implement the child's most recent individualized education program or services plan, as modified by agreement between the private school and the child's parent, and related services agreed to by the private school and the child's parent that are not included in the child's individualized education program or services plan.

AB40,813,21 2. Provide a record of the implementation of the child's individualized education program or services plan under subd. 1., including an evaluation of the child's progress, to the school board of the school district in which the child resides in the form and manner prescribed by the department.

AB40,813,23 (i) Regularly report to the parent of a pupil attending the private school and receiving a scholarship under this section on the pupil's progress.

AB40,814,3 (5) Transportation. (a) Private school. Section 121.54 applies to the transportation of a pupil to and from the private school he or she is attending under this section.

AB40,814,5 (b) Public school. Section 118.51 (14) applies to the transportation of a pupil to and from the public school he or she is attending under this section.

AB40,814,9 (6) Penalties. (a) The department may bar a school district, charter school, or private school from participating in the program under this section if the department determines that the school district, charter school, or private school has done any of the following:

AB40,814,11 1. Intentionally and substantially misrepresented information required under sub. (4).

AB40,814,12 2. Routinely failed to comply with the standards under sub. (4) (e) or (f).

AB40,814,14 3. Used a pupil's scholarship for any purpose other than educational purposes or rebated, refunded, or shared a pupil's scholarship with a parent or pupil.

AB40,814,16 4. Failed to refund to the state, in a timely manner, any scholarship overpayments.

AB40,814,22 (b) If the department bars a school district, charter school, or private school from participating in the program under this section, it shall notify all pupils eligible to participate in the program and their parents as quickly as possible. A pupil who is receiving a scholarship and attending a school district, charter school, or private school barred from the program may attend another participating school district, charter school, or private school under the scholarship.

AB40,814,25 (7) Study. (a) The legislative audit bureau shall contract for a study of the program under this section with one or more researchers who have experience evaluating school choice programs. The study shall evaluate all of the following:

AB40,815,2 1. The level of satisfaction with the program expressed by participating pupils and their parents.

AB40,815,5 2. The percentage of participating pupils who were victimized because of their special needs at their resident school district and the percentage of such pupils at their participating school.

AB40,815,8 3. The percentage of participating pupils who exhibited behavioral problems at their resident school district and the percentage of such pupils at their participating school.

AB40,815,10 4. The average class size at participating pupils' resident school districts and at their participating schools.

AB40,815,11 5. The fiscal impact of the program on the state and on resident school districts.

AB40,815,13 (b) The contract under par. (a) shall require the researchers who conduct the study to do all of the following:

AB40,815,15 1. Apply appropriate analytical and behavioral science methodologies to ensure public confidence in the study.

AB40,815,16 2. Protect the identity of participating schools and pupils.

AB40,815,19 (c) The contract under par. (a) shall require that the results of the study be reported to the appropriate standing committees of the legislature under s. 13.172 (3) by January 9, 2016.

AB40,815,21 (8) Rules. The department shall promulgate rules to implement and administer this section, including rules relating to all of the following:

AB40,815,23 (a) The eligibility and participation of eligible schools, including timelines that maximize pupil and school participation.

AB40,815,24 (b) The calculation and distribution of scholarships.

AB40,815,25 (c) The application and approval procedures for pupils and eligible schools.

AB40,816,4 (d) In a manner consistent with federal law, requiring the school board of a school district participating in the program under this section to spend its federal equitable share funds on children with disabilities who are enrolled by their parents in private schools other than under this section.

AB40,1755 Section 1755. 118.016 (1) of the statutes is amended to read:

AB40,816,17 118.016 (1) Beginning in In the 2012-13 and 2013-14 school year years, each school board and the governing body of each charter school established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in kindergarten in the school district or in the charter school for reading readiness. Beginning in the 2014–15 school year, each school board and the governing body of each charter school established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in grades kindergarten to 2 in the school district or in the charter school for reading readiness. The department shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge.

AB40,1756 Section 1756. 118.145 (4) of the statutes is amended to read:

AB40,816,24 118.145 (4) The school board of a school district operating high school grades shall allow a pupil enrolled in a private school, or a pupil enrolled in a tribal school, or a pupil enrolled in a home-based educational program, who has met the standards for admission to high school under sub. (1), to take up to 2 courses during each school semester if the pupil resides in the school district in which the public school is located and if the school board determines that there is sufficient space in the classroom.

AB40,1757 Section 1757. 118.19 (13) of the statutes is repealed.

AB40,1758 Section 1758. 118.19 (16) of the statutes is created to read:

AB40,817,6 118.19 (16) The department shall ensure that teaching experience gained while a person held an emergency permit issued by the department under s. PI 34.21 (2), Wis. Adm. Code, counts toward fulfillment of the teaching experience requirement for a license based on experience under s. PI 34.195 (2), Wis. Adm. Code, or for a license in a school administrator category under s. PI 34.32, Wis. Adm. Code.

AB40,1759 Section 1759. 118.30 (1) of the statutes is amended to read:

AB40,817,10 118.30 (1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and, 9th, 10th, and 11th grades.

AB40,1760 Section 1760. 118.30 (1m) (ar) of the statutes is created to read:

AB40,817,15 118.30 (1m) (ar) Except as provided in sub. (7), beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 9th grade.

AB40,1761 Section 1761. 118.30 (1m) (c) of the statutes is created to read:

AB40,817,20 118.30 (1m) (c) Except as provided in sub. (7), beginning in the 2014-15 school year, administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 11th grade.

AB40,1762 Section 1762. 118.30 (1r) (ar) of the statutes is created to read:

AB40,817,24 118.30 (1r) (ar) Beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the charter school in the 9th grade.

AB40,1763 Section 1763. 118.30 (1r) (c) of the statutes is created to read:

AB40,818,3 118.30 (1r) (c) Beginning in the 2014-15 school year, administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the charter school in the 11th grade.

AB40,1764 Section 1764. 118.30 (1s) (a) 2m. of the statutes is created to read:

AB40,818,7 118.30 (1s) (a) 2m. Beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 9th grade in the private school under s. 119.23.

AB40,1765 Section 1765. 118.30 (1s) (a) 3m. of the statutes is created to read:

AB40,818,11 118.30 (1s) (a) 3m. Beginning in the 2014-15 school year, administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 11th grade in the private school under s. 119.23.

AB40,1766 Section 1766. 118.30 (1t) (bm) of the statutes is created to read:

AB40,818,15 118.30 (1t) (bm) Beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 9th grade in the private school under s. 118.60.

AB40,1767 Section 1767. 118.30 (1t) (cm) of the statutes is created to read:

AB40,818,19 118.30 (1t) (cm) Beginning in the 2014-15 school year, administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 11th grade in the private school under s. 118.60.

AB40,1768 Section 1768. 118.30 (2) (b) 5. of the statutes is amended to read:

AB40,818,23 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 119.23 shall excuse the pupil from taking an examination administered under sub. (1s) (a) 1. to 3. 3m.

AB40,1769 Section 1769. 118.30 (2) (b) 6. of the statutes is amended to read:

AB40,819,3 118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 118.60 shall excuse the pupil from taking an examination administered under sub. (1t) (a) to (c) (cm).

AB40,1770 Section 1770. 118.40 (2) (b) (intro.) of the statutes is renumbered 118.40 (2) (b) and amended to read:

AB40,819,8 118.40 (2) (b) A school board may grant a petition that would result in the conversion of all of the public schools in the school district to charter schools if all of the following apply:.

AB40,1771 Section 1771. 118.40 (2) (b) 1. and 2. of the statutes are repealed.

AB40,1772 Section 1772. 118.40 (2m) (a) of the statutes is amended to read:

AB40,819,14 118.40 (2m) (a) A school board may on its own initiative contract with a person to operate a school as a charter school. The contract shall include all of the provisions specified under sub. (1m) (b) and may include other provisions agreed to by the parties, except as otherwise provided in this section.

AB40,1773 Section 1773. 118.40 (2m) (b) of the statutes is amended to read:

AB40,819,18 118.40 (2m) (b) A school board may not enter into a contract under par. (a) that would result in the conversion of all of the public schools in the school district to charter schools unless the school board complies with sub. (2) (b) 2.

AB40,1774 Section 1774. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

AB40,819,23 118.40 (2r) (b) 1. (intro.) All Except as provided in subd. 3., any of the following entities may establish by charter and operate a charter school or, on behalf of their respective entities, may initiate a contract with an individual or group a person to operate a school as a charter school:

AB40,1775 Section 1775. 118.40 (2r) (b) 1. e. of the statutes is created to read:

AB40,820,2 118.40 (2r) (b) 1. e. Any nonprofit, nonsectarian organization or consortium of such organizations approved by the charter school oversight board under par. (bm).

AB40,1776 Section 1776. 118.40 (2r) (b) 2. of the statutes is renumbered 118.40 (2r) (b) 2. (intro.) and amended to read:

AB40,820,14 118.40 (2r) (b) 2. (intro.) A charter shall include all of the provisions specified under sub. (1m) (b) 3. to 14. A contract shall include all of the provisions specified under sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter school on the liability of the contracting entity under this paragraph. The contract shall also include all of the following provisions and may include other provisions agreed to by the parties. The chancellor of the University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may not establish or enter into a contract for the establishment of a charter school under this paragraph without the approval of the board of regents of the University of Wisconsin System.:

AB40,1777 Section 1777. 118.40 (2r) (b) 2. a. to k. of the statutes are created to read:

AB40,820,19 118.40 (2r) (b) 2. a. A requirement that the charter school governing board adhere to specified annual academic and operational performance standards developed in accordance with the performance framework of the entity with which it is contracting.

AB40,820,21 b. Provisions detailing the corrective measures the charter school governing board will take if the charter school fails to meet performance standards.

AB40,821,3 c. A provision allowing the governing board of a charter school that receives a rating of "exceeds expectations" or "significantly exceeds expectations" in the most recent school report published by the department under s. 115.385 to open one or more additional charter schools. If the charter school governing board opens one or more additional charter schools, the existing contract applies to the new school or schools unless the parties agree to amend the existing contract or enter into a new contract.

AB40,821,5 d. The methodology that will be used by the charter school governing board to monitor and verify pupil enrollment, credit accrual, and course completion.

AB40,821,6 e. A requirement that the entity under subd. 1. have direct access to pupil data.

AB40,821,8 f. A description of the administrative relationship between the parties to the contract.

AB40,821,10 g. A requirement that the charter school governing board hold parent-teacher conferences at least annually.