AB549: Bill Text

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 of the statutes, as affected by 2013 Wisconsin Act 20, is repealed.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 of the statutes is repealed.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AB549,43 Section 43. 118.40 (2r) (cm) of the statutes is repealed.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AB549,45 Section 45. 118.40 (3) (title) of the statutes is repealed and recreated to read: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AB549,46 Section 46. 118.40 (3) (a) of the statutes is repealed.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.

AB549,18,21 2. Subject to subd. 4., an entity under sub. (2r) (b) 1. that has contracted with a person to operate a charter school shall, upon receiving a letter of intent under subd. 3. from the person, amend the existing contract or enter into a new contract with the person to authorize the person to operate one or more additional charter schools if the person has a proven track record of success for each charter school the person operates in this state.

AB549,18,23 3. To operate an additional charter school under subd. 2., a person must submit to the entity under sub. (2r) (b) 1. a letter of intent that includes all of the following:

AB549,18,24 a. The date on which instruction will begin at each additional charter school.

AB549,18,25 b. The general location of each additional charter school.

AB549,19,3 c. A description of any potential facility that may be used by each additional charter school, including the approximate number of pupils that each facility may safely accommodate.

AB549,19,5 d. Evidence demonstrating that the person has a proven track record of success for each charter school the person operates in this state.

AB549,19,8 4. An entity under sub. (2r) (b) 1. shall authorize a person to operate no more than 2 additional charter schools per school year under this paragraph, unless the parties agree to more than 2.

AB549,19,12 5. An additional charter school authorized under this paragraph is not a satellite or subsidiary campus of the charter school for which the operator demonstrated a proven track record of success under subd. 2. and is considered an individual school for funding purposes.

AB549,52 Section 52. 118.40 (4) (title) of the statutes is amended to read:

AB549,19,15 118.40 (4) (title) Charter school governing board; duties, powers, and restrictions.

AB549,53 Section 53. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and 118.40 (4) (ar) (intro.), as renumbered, is amended to read:

AB549,19,19 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of the following:

AB549,54 Section 54. 118.40 (4) (ag) of the statutes is created to read:

AB549,19,22 118.40 (4) (ag) Governing board. Each charter school shall be governed by a governing board that is a party to the contract with the authorizing entity.

AB549,55 Section 55. 118.40 (4) (b) (intro.) of the statutes is amended to read:

AB549,19,25 118.40 (4) (b) Restrictions. (intro.) A charter school governing board may not do any of the following:

AB549,56 Section 56. 118.40 (4) (c) of the statutes is amended to read:

AB549,20,7 118.40 (4) (c) Single-sex schools and courses. A school board may enter into a contract for, and an entity under sub. (2r) may establish or enter into a contract for, the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board or entity under sub. (2r) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.

AB549,57 Section 57. 118.40 (4) (d) of the statutes is created to read:

AB549,20,11 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school governing board has all the powers necessary to carry out the terms of its contract, including the following:

AB549,20,12 1. To receive and disburse funds for school purposes.

AB549,20,13 2. To incur debt.

AB549,20,14 3. To enter into contracts and leases.

AB549,20,16 4. To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

AB549,20,17 5. To acquire real property for its use.

AB549,20,18 6. To sue and be sued in its own name.

AB549,58 Section 58. 118.40 (5) of the statutes is amended to read:

AB549,20,24 118.40 (5) Charter schools and magnet schools; revocation. A charter contract under sub. (1p), (2m), or (2r) may be revoked by the school board or the entity under sub. (2r) (b) that contracted with the charter or magnet school if the school board or, if applicable, the entity under sub. (2r) (b) finds that any of the following occurred:

AB549,21,2 (a) The charter school or magnet school violated its contract with the school board or the entity under sub. (2r) (b).

AB549,21,4 (b) The pupils enrolled in the charter school or magnet school failed to make sufficient progress toward attaining the educational goals under s. 118.01.

AB549,21,6 (c) The charter school or magnet school failed to comply with generally accepted accounting standards of fiscal management.

AB549,21,7 (d) The charter school or magnet school violated this section.

AB549,59 Section 59. 118.40 (6) of the statutes is amended to read:

AB549,21,11 118.40 (6) Program voluntary. No pupil may be required to attend a charter school or a magnet school without his or her approval, if the pupil is an adult, or the approval of his or her parents or legal guardian, if the pupil is a minor.

AB549,60 Section 60. 118.40 (7) (a) of the statutes is amended to read:

AB549,21,20 118.40 (7) (a) Except as provided in par. (am), the school board of the school district in which a charter school is located shall determine whether or not the A charter school established under sub. (2m) is not an instrumentality of the school district. If the school board determines that the charter school is an instrumentality of the school district, the school board shall employ all personnel for the charter school. If the school board determines that the charter school is not an instrumentality of the school district, and the school board may not employ any personnel for the charter school.

AB549,61 Section 61. 118.40 (7) (am) 1., 3. and 4. of the statutes are repealed.

AB549,62 Section 62. 118.40 (7) (am) 2. of the statutes is renumbered 118.40 (7) (am) and amended to read:

AB549,22,11 118.40 (7) (am) A charter school established under sub. (2r) or a private school located in the school district operating under ch. 119 that is converted to a charter school is not an instrumentality of any school district and no school board may employ any personnel for the charter school. If the chancellor of the an institution or the dean of a college campus within the University of Wisconsin-Parkside Wisconsin System contracts for the establishment of a charter school under sub. (2r), the board of regents of the University of Wisconsin System may employ instructional staff for the charter school. If a technical college district board contracts for the establishment of a charter school under sub. (2r), the technical college district board may employ instructional staff for the charter school. If the board of control of a cooperative educational service agency contracts for the establishment of a charter school under sub. (2r), the board of control may employ instructional staff for the charter school.

AB549,63 Section 63. 118.40 (7) (ar) of the statutes, as affected by 2013 Wisconsin Act 20, is repealed.

AB549,64 Section 64. 118.40 (7) (c) of the statutes is created to read:

AB549,22,16 118.40 (7) (c) Chapters 115 to 121, other than this section, do not apply to magnet schools unless one of the following applies:

AB549,22,17 1. The provision explicitly applies to magnet schools.

AB549,22,19 2. The provision explicitly applies to charter schools unless the provision applies only to charter schools established under sub. (2r).

AB549,65 Section 65. 118.40 (8) (a) (intro.) of the statutes is repealed.

AB549,66 Section 66. 118.40 (8) (a) 1. and 2. of the statutes are renumbered 118.51 (18) (a) and (b).

AB549,67 Section 67. 118.51 (18) of the statutes is renumbered 118.51 (18) (intro.) and amended to read:

AB549,23,3 118.51 (18) Location of virtual charter schools. (intro.) For purposes of this section, a virtual charter school is located in the following school district specified in s. 118.40 (8) (a).:

AB549,68 Section 68. 119.60 (5) of the statutes is amended to read:

AB549,23,12 119.60 (5) For any lease of city-owned property used for school purposes in effect on January 1, 2011, between the board and a charter school that is not an instrumentality of the school district under s. 118.40 (7), the common council shall be made party to the lease and may negotiate with the charter school to modify the terms of the lease when the lease is modified, extended, or renewed if the common council adopts a resolution to do so. If a lease is modified, extended, or renewed as provided in this subsection, the net proceeds of that lease shall be deposited in the school operations fund under s. 119.46.

AB549,69 Section 69. 121.02 (1) (a) 2. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB549,23,21 121.02 (1) (a) 2. Subject to s. 118.40 (8) (b) 2. and 3., ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. For purposes of this subdivision, a virtual charter school is located in the school district specified in s. 118.40 (8) (a) 118.51 (18) and a charter school established under s. 118.40 (3) (c) 1. c. is located in the school district specified in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining "instructional staff" for purposes of this subdivision.

AB549,70 Section 70. 230.08 (2) (dm) of the statutes is amended to read:

AB549,23,25 230.08 (2) (dm) 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.

AB549,71 Section 71. 230.35 (1s) of the statutes is amended to read:

AB549,24,7 230.35 (1s) Annual leave of absence with pay for 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., shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., as approved by the chancellor of the University of Wisconsin-Parkside.

AB549,72 Section 72. 895.523 (1) (a) of the statutes is amended to read:

AB549,24,11 895.523 (1) (a) "Governing body of a charter school" means the person that operates a charter school established under s. 118.40 (2) (1p) or (2m), or the entity that operates a charter school established under s. 118.40 (2r).

AB549,73 Section 73. 895.525 (5) of the statutes is amended to read:

AB549,24,16 895.525 (5) Effect on related provisions. Nothing in this section affects the limitation of property owners' liability under s. 895.52 or the limitation of school districts' liability, of school boards' liability, and of liability of governing bodies of charter schools or magnet schools under s. 895.523.

AB549,74 Section 74. Initial applicability.