AB40: Bill Text

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 of the statutes are repealed.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.

AB40,821,13 h. A requirement that if more than one charter school is operated under the contract, the charter school governing board reports to the entity under subd. 1. on each charter school separately.

AB40,821,16 i. A requirement that the charter school governing board provide the data needed by the entity under subd. 1. for purposes of making the report required under sub. (3m) (a) 6.

AB40,821,18 j. A requirement that the charter school governing board participate in any training provided by the entity under subd. 1.

AB40,821,20 k. A description of all fees that the entity under subd. 1. will charge the charter school governing board.

AB40,1778 Section 1778. 118.40 (2r) (b) 3. of the statutes is repealed and recreated to read:

AB40,821,25 118.40 (2r) (b) 3. If an entity specified in subd. 1. a. to d. was operating a charter school itself immediately prior to the effective date of this subdivision .... [LRB inserts date], it may continue to do so.

AB40,1779 Section 1779. 118.40 (2r) (bm) of the statutes is repealed and recreated to read:

AB40,822,7 118.40 (2r) (bm) 1. A nonprofit, nonsectarian organization or a consortium of such organizations that wishes to contract with a charter school governing board to operate a charter school shall submit an application to the charter school oversight board. The application shall include all of the following and any other information requested by the board:

AB40,822,10 a. A strategic plan for contracting with charter school governing boards that submit high-quality proposals for charter schools that meet identified educational needs and promote a diversity of educational choices.

AB40,822,15 b. A performance framework for use in supervising and evaluating charter schools that addresses pupil academic proficiency, growth in pupil academic achievement, gaps in achievement between groups of pupils, pupil attendance, the readiness of pupils for postsecondary education, the financial proficiency and sustainability of charter schools, and charter school management.

AB40,822,18 c. An assurance that the organization or consortium will ensure accountability and transparency on the part of those charter school governing boards with which it contracts.

AB40,822,21 d. A plan, including corrective action strategies, designed to improve a charter school under contract with the organization or consortium, or to close such a charter school, based on contractual performance standards.

AB40,822,23 e. A description of the types of charter schools the organization or consortium is seeking to establish, and their potential attendance areas.

AB40,823,3 f. Information on the organization's or consortium's finances and other resources necessary for the charter school oversight board to determine the applicant's ability to perform its functions under this section.

AB40,823,5 g. A plan for entering into additional contracts in order to replicate successful charter schools.

AB40,823,7 2. The charter school oversight board shall approve or deny an application within 90 days of receiving the application.

AB40,1780 Section 1780. 118.40 (2r) (c) of the statutes is repealed and recreated to read:

AB40,823,10 118.40 (2r) (c) 1. An entity under par. (b) 1. may contract for the operation of a charter school located anywhere in this state.

AB40,823,16 4. a. A school board may prohibit a pupil who resides in the school district from attending a charter school established under this subsection unless the school district's membership, as defined in s. 121.004 (5), is at least 4,000 and at least 2 public schools in the school district were rated "fails to meet expectations" or "meets few expectations" in the most recent school report published by the department under s. 115.385.

AB40,823,22 b. A pupil who wishes to attend a charter school established under this subsection and who resides in a school district in which the school board may prohibit pupils from attending a charter school established under this subsection shall submit an application to the school board. Within 30 days of receiving the application, the school board shall issue a decision allowing or prohibiting the pupil from attending the charter school.

AB40,1781 Section 1781. 118.40 (2r) (cm) of the statutes is repealed.

AB40,1782 Section 1782. 118.40 (2r) (e) 1m. of the statutes is repealed.

AB40,1783 Section 1783. 118.40 (2r) (e) 2m. of the statutes is amended to read:

AB40,824,6 118.40 (2r) (e) 2m. In the 2013-14 school year and in each school year thereafter, from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year and the per pupil revenue limit adjustment under s. 121.91 (2m) in the current school year, $7,852 multiplied by the number of pupils attending the charter school.

AB40,1784 Section 1784. 118.40 (2r) (e) 2n. of the statutes is created to read:

AB40,824,11 118.40 (2r) (e) 2n. In the 2014-15 school year and in each school year thereafter, from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to $7,931 multiplied by the number of pupils attending the charter school.

AB40,1785 Section 1785. 118.40 (2r) (e) 3m. of the statutes is amended to read:

AB40,824,17 118.40 (2r) (e) 3m. The amount paid per pupil under this paragraph may not be less than the amount paid per pupil under this paragraph in the previous school year. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school.

AB40,1786 Section 1786. 118.40 (2r) (e) 4. of the statutes is repealed.

AB40,1787 Section 1787. 118.40 (2r) (f) of the statutes is created to read:

AB40,824,23 118.40 (2r) (f) A charter school established under this subsection 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.

AB40,1788 Section 1788. 118.40 (2r) (g) of the statutes is created to read:

AB40,825,9 118.40 (2r) (g) If a charter school established by contract with an entity under par. (b) 1. a. to d. is in operation on the effective date of this paragraph .... [LRB inserts date], and the charter school receives a rating of "exceeds expectations" or "significantly exceeds expectations" in the most recent school report published by the department under s. 115.385, the person operating the charter school may open one or more additional charter schools notwithstanding the terms of the existing contract. All provisions of the existing contract, other than any provision that conflicts with this paragraph, apply to the new school or schools unless parties agree to amend the existing contract or enter into a new contract.

AB40,1789 Section 1789. 118.40 (3) (a) of the statutes is amended to read:

AB40,825,15 118.40 (3) (a) If the school board grants the petition under sub. (2), the school board shall contract with the person named in the petition under sub. (1m) (b) 1. to operate the school as a charter school under this section. The contract shall include all of the provisions specified in the petition and may include other provisions agreed to by the parties, except as otherwise provided in this section.

AB40,1790 Section 1790. 118.40 (3) (b) of the statutes is amended to read:

AB40,825,21 118.40 (3) (b) A contract under par. (a) or under subs. (2m) or (2r) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid to the charter school during each school year of the contract, except as provided in par. (i) 1.

AB40,1791 Section 1791. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (a) 3. and amended to read:

AB40,826,3 118.40 (3m) (a) 3. A school board or an entity under sub. (2r) (b) shall give Give preference in awarding contracts for the operation of charter schools to those charter schools that serve children at risk, as defined in s. 118.153 (1) (a).

AB40,1792 Section 1792. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (a) 2. and amended to read:

AB40,826,9 118.40 (3m) (a) 2. When establishing or contracting for the establishment of a charter school under this section, a school board or entity specified under sub. (2r) (b) shall consider adhere to the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

AB40,1793 Section 1793. 118.40 (3) (f) of the statutes is created to read:

AB40,826,14 118.40 (3) (f) A contract with a school board or an entity under sub. (2r) (b) may provide for the establishment of more than one charter school, and a charter school governing board may enter into more than one contract with a school board or entity under sub. (2r) (b).

AB40,1794 Section 1794. 118.40 (3) (g) of the statutes is created to read:

AB40,826,19 118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and 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.

AB40,826,22 2. A charter school shall give preference in enrollment to pupils who were enrolled in the charter school in the previous school year and to siblings of pupils who are enrolled in the charter school.

AB40,827,2 3. A charter school may give preference in enrollment to the children of the charter school's founders, governing board members, and full-time employees, but the total number of such children given preference may constitute no more than 10 percent of the charter school's total enrollment.

AB40,1795 Section 1795. 118.40 (3) (i) of the statutes is created to read:

AB40,827,6 118.40 (3) (i) A contract under par. (a) or sub. (2m) in which the charter school is an instrumentality of the school district, as provided in sub. (7), shall do all of the following:

AB40,827,9 1. Specify the amount the school board will pay to the operator of the charter school for each resident pupil attending the charter school. The amount shall be commensurate with the average per pupil cost for the school district.

AB40,827,14 2. Grant the operator of the charter school sole discretion over the charter school's budget, curriculum, and professional development, and notwithstanding sub. (7) (a) and (am), over the hiring of personnel and personnel policies for the charter school, except where a decision in any of these areas affects the health or safety of pupils or staff, as determined by the school board.

AB40,827,16 3. Not impose on the operator of the charter school any requirement in chs. 115 to 121 that does not explicitly apply to charter schools.

AB40,1796 Section 1796. 118.40 (3m) (title) and (a) (intro.) of the statutes are created to read:

AB40,827,20 118.40 (3m) (title) Authorizing entity duties. (a) (intro.) A school board or entity under sub. (2r) (b) shall do all of the following:

AB40,1797 Section 1797. 118.40 (3m) (a) 1. and 4. to 6. of the statutes are created to read:

AB40,827,22 118.40 (3m) (a) 1. Solicit and evaluate charter school applications.

AB40,827,24 4. Approve only high-quality charter school applications that meet identified educational needs and promote a diversity of educational choices.

AB40,828,3 5. 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.

AB40,828,5 6. Annually, submit to the state superintendent and to the legislature under s. 13.172 (2) a report that includes all of the following:

AB40,828,9 a. An identification of each charter school operating under contract with it, each charter school that operated under a contract with it but had its contract nonrenewed or revoked or that closed, and each charter school under contract with it that has not yet begun to operate.

AB40,828,11 b. The academic and financial performance of each charter school operated under contract with it.

AB40,828,14 c. The operating costs of the school board or entity under sub. (2r) (b) incurred under subds. 1. to 5., detailed in an audited financial statement prepared in accordance with generally accepted accounting principles.