AB549: Bill Text

Educator effectiveness; alternative process

Current law directs the Department of Public Instruction (DPI) to develop a system to evaluate the effectiveness of teachers and principals in public schools, including independent charter schools. DPI must also promulgate rules establishing an equivalency process aligned with its evaluation system for a school district or independent charter school that wishes to use an alternative method of evaluating teachers and principals. This bill allows a charter school under contract with a school board that is not an instrumentality of the school district to use an alternative method of evaluating teachers and principals.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB549,1 Section 1. 20.923 (6) (m) of the statutes is amended to read:

AB549,5,7 20.923 (6) (m) University of Wisconsin System: deans, principals, professors, instructors, research assistants, librarians and other teachers, as defined in s. 40.02 (55), the staff of the environmental education board, and instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.

AB549,2 Section 2. 20.923 (6) (m) of the statutes, as affected by 2011 Wisconsin Act 32 and 2013 Wisconsin Act .... (this act), is repealed and recreated to read:

AB549,5,12 20.923 (6) (m) University of Wisconsin System: all positions, including the chancellor of the University of Wisconsin-Madison, but not including any other position assigned to the University of Wisconsin-Madison.

AB549,3 Section 3. 40.02 (55) (intro.) of the statutes is amended to read:

AB549,5,20 40.02 (55) (intro.) "Teacher" means any employee engaged in the exercise of any educational function for compensation in the public schools, including charter schools as defined in s. 115.001 (1) that are instrumentalities of a school district, or the university in instructing or controlling pupils or students, or in administering, directing, organizing or supervising any educational activity, but does not include any employee determined to be an auxiliary instructional employee under s. 115.29 (3). "Teacher" includes the following:

AB549,4 Section 4. 40.02 (55) (a) of the statutes is amended to read:

AB549,6,5 40.02 (55) (a) Any person employed as a librarian by any school board in a library in any school under its jurisdiction, including a charter school as defined in s. 115.001 (1) that is an instrumentality of a school district, whose qualifications as a librarian are at least equal to the minimum librarian qualifications prescribed by the state superintendent of public instruction.

AB549,5 Section 5. 111.81 (7) (f) of the statutes is amended to read:

AB549,6,9 111.81 (7) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.

AB549,6 Section 6. 111.815 (1) of the statutes is amended to read:

AB549,6,25 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining unit specified in s. 111.825 (2) (f), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., is responsible for the employer functions under this subchapter.

AB549,7 Section 7. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Act 32 and 2013 Wisconsin Act .... (this act), is repealed and recreated to read:

AB549,7,22 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1r) and (1t), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., is responsible for the employer functions under this subchapter.

AB549,8 Section 8. 111.825 (2) (f) of the statutes is amended to read:

AB549,8,3 111.825 (2) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.

AB549,9 Section 9. 111.92 (1) (c) of the statutes is amended to read:

AB549,8,10 111.92 (1) (c) Any tentative agreement reached between the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1r) (ef) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.

AB549,10 Section 10. 115.001 (1) of the statutes is amended to read:

AB549,8,15 115.001 (1) Charter school. "Charter school" means a school under contract with a school board under s. 118.40 (2m) or with one of the entities an entity under s. 118.40 (2r) (b), or a school established and operated by one of the entities under s. 118.40 (2r) (b).

AB549,11 Section 11. 115.415 (3) (a) (intro.) of the statutes is amended to read:

AB549,9,3 115.415 (3) (a) (intro.) The department shall promulgate by rule an equivalency process aligned with the evaluation system established under sub. (2) for a school district, a charter school under contract with a school board that is not an instrumentality of the school district, or a charter school established under s. 118.40 (2r) seeking to utilize an alternative process for the evaluation of teacher and principal practice. The process under this subsection shall be based on the criteria established in the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards, and a school district, a charter school under contract with a school board that is not an instrumentality of the school district, or charter school established under s. 118.40 (2r) that uses the process under this subsection shall evaluate the performance of teachers in the following domains:

AB549,12 Section 12. 115.77 (8) of the statutes is amended to read:

AB549,9,12 115.77 (8) The local educational agency shall serve children with disabilities who are attending a charter or magnet school under contract with the local educational agency under s. 118.40 in the same manner as it serves children with disabilities attending schools of the local educational agency, and shall provide funds under this subchapter to such charter schools on the same basis as it provides funds under this subchapter to schools of the local educational agency, including proportional distribution based on enrollment of children with disabilities, and at the same time as it distributes other federal funds to the agency's other schools.

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.