AB549: Bill Text

AB549,13 Section 13. 118.40 (title) of the statutes is amended to read:

AB549,9,14 118.40 (title) Charter schools and magnet schools.

AB549,14 Section 14. 118.40 (1) of the statutes is renumbered 118.40 (1d) and amended to read:

AB549,9,22 118.40 (1d) Notice to state superintendent. Whenever a school board intends to establish a charter school or a magnet school, it shall notify the state superintendent of its intention. Whenever one of the entities under sub. (2r) (b) intends to establish a charter school, it shall notify the state superintendent of its intention by February 1 of the previous school year. A notice under this subsection shall include a description of the proposed school.

AB549,15 Section 15. 118.40 (1b) of the statutes is created to read:

AB549,9,25 118.40 (1b) Definition. In this section, "magnet school" has the meaning given in 20 USC 7231a.

AB549,16 Section 16. 118.40 (1m) (title) of the statutes is repealed and recreated to read:

AB549,10,2 118.40 (1m) (title) Magnet schools; petition.

AB549,17 Section 17. 118.40 (1m) (a) of the statutes is amended to read:

AB549,10,7 118.40 (1m) (a) A written petition requesting the school board to establish a charter magnet school under this section may be filed with the school district clerk. The petition shall be signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school of the school district.

AB549,18 Section 18. 118.40 (1m) (b) 1., 2., 7., 13. and 15. of the statutes are amended to read:

AB549,10,11 118.40 (1m) (b) 1. The name of the person who is seeking to establish the charter school.

AB549,10,13 2. The name of the person who will be in charge of the charter school and the manner in which administrative services will be provided.

AB549,10,15 7. Subject to sub. (7) (a) and (am) and ss. 118.19 (1) and 121.02 (1) (a) 2., the qualifications that must be met by the individuals to be employed in the school.

AB549,10,17 13. The public school alternatives for pupils who reside in the school district and do not wish to attend or are not admitted to the charter school.

AB549,10,19 15. The effect of the establishment of the charter school on the liability of the school district.

AB549,19 Section 19. 118.40 (1p) of the statutes is created to read:

AB549,11,8 118.40 (1p) Magnet schools; granting of petition or school board initiative. (a) 1. Within 30 days after receiving a petition under sub. (1m), a school board shall hold a public hearing on the petition. At the hearing, the school board shall consider the level of employee and parental support for the establishment of the magnet school described in the petition and the fiscal impact of the establishment of the magnet school on the school district. After the hearing, the school board may grant the petition. The school board of the school district operating under ch. 119 shall either grant or deny the petition within 30 days after the public hearing. If the school board of the school district operating under ch. 119 denies a petition, the person seeking to establish the magnet school may, within 30 days after the denial, appeal the denial to the department. The department shall issue a decision within 30 days after receiving the appeal. The department's decision is final and not subject to judicial review under ch. 227.

AB549,11,13 2. If a school board grants a petition under this paragraph, the school board shall contract with the person named in the petition under sub. (1m) (b) 1. to operate the school as a magnet 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.

AB549,11,16 (b) 1. A school board may on its own initiative contract with a person to operate a school as a magnet school. The contract shall include all of the provisions specified under sub. (1m) (b) and may include other provisions agreed to by the parties.

AB549,11,21 2. At least 30 days before entering into a contract under this paragraph that would convert a private school to a magnet school, the school board shall hold a public hearing on the contract. At the hearing, the school board shall consider the level of employee and parental support for the establishment of the magnet school and the fiscal impact of the establishment of the magnet school on the school district.

AB549,12,2 (c) A school board may not enter into a contract under this subsection that would result in the conversion of all of the public schools in the school district to magnet schools unless the school board provides alternative public school attendance arrangements for pupils who do not wish to attend or are not admitted to a magnet school.

AB549,12,4 (d) A school board that enters into a contract to establish a magnet school under this subsection shall employ all personnel for the magnet school.

AB549,20 Section 20. 118.40 (2) of the statutes is repealed.

AB549,21 Section 21. 118.40 (2m) (title) of the statutes is amended to read:

AB549,12,7 118.40 (2m) (title) School Charter schools; school board initiative.

AB549,22 Section 22. 118.40 (2m) (a) of the statutes is amended to read:

AB549,12,12 118.40 (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.

AB549,23 Section 23. 118.40 (2m) (am) of the statutes is amended to read:

AB549,12,20 118.40 (2m) (am) At least 30 days before entering in a contract under this subsection that would convert a private school to a charter school or that would to establish a charter school that is not an instrumentality of the school district, the school board shall hold a public hearing on the contract. At the hearing, the school board shall consider the level of employee and parental support for the establishment of the charter school and the fiscal impact of the establishment of the charter school on the school district.

AB549,24 Section 24. 118.40 (2m) (b) of the statutes is amended to read:

AB549,13,2 118.40 (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. if the school board provides alternative public school attendance arrangements for pupils who do not wish to attend or are not admitted to a charter school.

AB549,25 Section 25. 118.40 (2r) (title) of the statutes is amended to read:

AB549,13,4 118.40 (2r) (title) Other Charter schools; other initiatives.

AB549,26 Section 26. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

AB549,13,9 118.40 (2r) (b) 1. (intro.) All Subject to par. (bg), 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:

AB549,27 Section 27. 118.40 (2r) (b) 1. b. of the statutes is amended to read:

AB549,13,13 118.40 (2r) (b) 1. b. The chancellor of the an institution within the University of Wisconsin-Milwaukee Wisconsin System except for the chancellor of the University of Wisconsin Colleges.

AB549,28 Section 28. 118.40 (2r) (b) 1. bn. of the statutes is created to read:

AB549,13,16 118.40 (2r) (b) 1. bn. The dean appointed under s. 36.09 (1) (e) of a college campus within the University of Wisconsin System.

AB549,29 Section 29. 118.40 (2r) (b) 1. c. of the statutes is repealed.

AB549,30 Section 30. 118.40 (2r) (b) 1. cm. of the statutes is created to read:

AB549,13,20 118.40 (2r) (b) 1. cm. The board of control of a cooperative educational service agency.

AB549,31 Section 31. 118.40 (2r) (b) 1. d. of the statutes is amended to read:

AB549,13,22 118.40 (2r) (b) 1. d. The Milwaukee area A technical college district board.

AB549,32 Section 32. 118.40 (2r) (b) 2. of the statutes is amended to read:

AB549,14,7 118.40 (2r) (b) 2. 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 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.

AB549,33 Section 33. 118.40 (2r) (b) 2m. of the statutes is amended to read:

AB549,14,10 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling a pupil from the charter school.

AB549,14,13 b. If the charter or contract includes grounds for expelling a pupil from the charter school as permitted under subd. 2m. a., the charter or contract shall include the procedures to be followed by the charter school prior to expelling a pupil.

AB549,34 Section 34. 118.40 (2r) (b) 3. of the statutes is repealed.

AB549,35 Section 35. 118.40 (2r) (b) 4. of the statutes is amended to read:

AB549,14,17 118.40 (2r) (b) 4. No chartering or contracting entity under subd. 1. may establish or enter into a contract for the establishment of a virtual charter school.

AB549,36 Section 36. 118.40 (2r) (bg) of the statutes is created to read:

AB549,15,2 118.40 (2r) (bg) An entity under par. (b) 1. may not contract with a person to operate a charter school in a school district in which at least 80 percent of the number of public schools that received the highest level of performance on the most recent school accountability report under s. 115.385 are located unless the person first provides written notice of the person's intent to operate a charter school in the school district that includes the proposed location of the charter school, the proposed grades that will be taught at the proposed charter school, and the members of the governing board that will govern the proposed charter school to the school board of that school district and one of the following occurs:

AB549,15,4 1. The school board provides written notice to the person that the school board will not contract with the person to operate the proposed charter school.

AB549,15,8 2. The school board provides written notice to the person that the school board will contract with the person to operate the proposed charter school but the parties are unable to negotiate a contract that is acceptable to both parties within 30 days of the school board's written notice of the school board's intent to contract.

AB549,15,12 3. The school board fails to provide written notice to the person of whether the school board will contract with the person to operate the proposed charter school within 30 days of receiving a notice under this paragraph of the person's intent to operate a charter school in the school district.

AB549,37 Section 37. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 118.40 (2r) (bm) 1. and amended to read:

AB549,15,18 118.40 (2r) (bm) 1. The common council of the city of Milwaukee and the Milwaukee area technical college district board may establish or enter into a contract for the establishment of a charter school located only in the school district operating under ch. 119.

AB549,15,23 2. The chancellor of an institution within the University of Wisconsin-Milwaukee Wisconsin System may establish or enter into a contract for the establishment of a charter school located only in Milwaukee County the county in which the institution is located or in an adjacent county. The chancellor of the University of Wisconsin-Parkside

AB549,16,2 4. A technical college district board may only establish or enter into a contract for the establishment of a charter school located in a unified school district that is located only in the county in which the University of Wisconsin-Parkside is situated technical college district or in an a county adjacent county to the district.

AB549,38 Section 38. 118.40 (2r) (bm) 3. of the statutes is created to read:

AB549,16,7 118.40 (2r) (bm) 3. The dean of a college campus within the University of Wisconsin System may contract for the establishment of a charter school that is located only in the county in which the college campus is located or in an adjacent county.

AB549,39 Section 39. 118.40 (2r) (bm) 5. of the statutes is created to read:

AB549,16,11 118.40 (2r) (bm) 5. The board of control of a cooperative educational service agency may contract for the establishment of a charter school that is located only within the boundaries of the agency.

AB549,40 Section 40. 118.40 (2r) (c) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is repealed.

AB549,41 Section 41. 118.40 (2r) (c) 3. of the statutes is repealed.

AB549,42 Section 42. 118.40 (2r) (c) 4. of the statutes, as created by 2013 Wisconsin Act 20, is renumbered 118.40 (2r) (c) and amended to read:

AB549,16,19 118.40 (2r) (c) A pupil who resides in Milwaukee County or in an adjacent county may attend any charter school established under this subsection in Milwaukee County or in an adjacent county.

AB549,43 Section 43. 118.40 (2r) (cm) of the statutes is repealed.

AB549,44 Section 44. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

AB549,16,23 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

AB549,45 Section 45. 118.40 (3) (title) of the statutes is repealed and recreated to read:

AB549,16,25 118.40 (3) (title) Charter schools and magnet schools; contract.

AB549,46 Section 46. 118.40 (3) (a) of the statutes is repealed.

AB549,47 Section 47. 118.40 (3) (b) of the statutes is amended to read:

AB549,17,6 118.40 (3) (b) A contract under par. (a) or under subs. sub. (1p), (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.

AB549,48 Section 48. 118.40 (3) (c) 1. of the statutes is amended to read:

AB549,17,10 118.40 (3) (c) 1. A school board may not enter into a contract for the establishment of a charter school or magnet school located outside the school district, except as follows:

AB549,17,13 a. If 2 or more school boards enter into an agreement under s. 66.0301 to establish a charter school or magnet school, the charter school shall be located within one of the school districts.

AB549,17,17 b. If one or more school boards enter into an agreement with the board of control of a cooperative educational service agency to establish a charter school or magnet school, the charter school shall be located within the boundaries of the cooperative educational service agency.

AB549,17,21 c. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school or magnet school, the charter school shall be located within the school district or within the boundaries of the tribe's or band's reservation.

AB549,49 Section 49. 118.40 (3) (c) 2. of the statutes is amended to read:

AB549,17,24 118.40 (3) (c) 2. A school board may not enter into a contract that would result in the conversion of a private, sectarian school to a charter school or a magnet school.

AB549,50 Section 50. 118.40 (3) (e) of the statutes is amended to read:

AB549,18,4 118.40 (3) (e) 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 the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

AB549,51 Section 51. 118.40 (3) (f) of the statutes is created to read:

AB549,18,15 118.40 (3) (f) 1. In this paragraph, a person has a proven track record of success if, during each of the 2 immediately preceding school years, a person operated a charter school in which the total percentage of pupils attending the charter school who received a score of advanced or proficient on the state assessments for math and reading under ss. 118.30 and 121.02 (1) (r), or on alternate assessments for math or reading under individualized education programs, in all tested grades is at least 10 percentage points greater than the total percentage of pupils attending public schools operated by the school board that governs the school district in which the charter school is located who received the same scores on the same assessments in the same grades.