AB549: Bill Text

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 c. of the statutes is repealed.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.

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.