This bill requires that every charter school be operated by a governing board.
The bill further provides that a charter school governing board has all powers
necessary to carry out the terms of its contract to operate a charter school.
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 1Section 1. 20.923 (6) (m) of the statutes is amended to read:
AB549,5,72 20.923 (6) (m) University of Wisconsin System: deans, principals, professors,
3instructors, research assistants, librarians and other teachers, as defined in s. 40.02
4(55), the staff of the environmental education board, and instructional staff
5employed by the board of regents of the University of Wisconsin System who provide
6services for a charter school established by contract under s. 118.40 (2r) (cm), 2011
7stats
.
AB549,2 8Section 2. 20.923 (6) (m) of the statutes, as affected by 2011 Wisconsin Act 32
9and 2013 Wisconsin Act .... (this act), is repealed and recreated to read:
AB549,5,1210 20.923 (6) (m) University of Wisconsin System: all positions, including the
11chancellor of the University of Wisconsin-Madison, but not including any other
12position assigned to the University of Wisconsin-Madison.
AB549,3 13Section 3. 40.02 (55) (intro.) of the statutes is amended to read:
AB549,5,2014 40.02 (55) (intro.) "Teacher" means any employee engaged in the exercise of any
15educational function for compensation in the public schools, including charter
16schools as defined in s. 115.001 (1) that are instrumentalities of a school district,
or
17the university in instructing or controlling pupils or students, or in administering,
18directing, organizing or supervising any educational activity, but does not include
19any employee determined to be an auxiliary instructional employee under s. 115.29
20(3). "Teacher" includes the following:
AB549,4 21Section 4. 40.02 (55) (a) of the statutes is amended to read:
AB549,6,5
140.02 (55) (a) Any person employed as a librarian by any school board in a
2library in any school under its jurisdiction, including a charter school as defined in
3s. 115.001 (1) that is an instrumentality of a school district,
whose qualifications as
4a librarian are at least equal to the minimum librarian qualifications prescribed by
5the state superintendent of public instruction.
AB549,5 6Section 5. 111.81 (7) (f) of the statutes is amended to read:
AB549,6,97 111.81 (7) (f) Instructional staff employed by the board of regents of the
8University of Wisconsin System who provide services for a charter school established
9by contract under s. 118.40 (2r) (cm), 2011 stats.
AB549,6 10Section 6. 111.815 (1) of the statutes is amended to read:
AB549,6,2511 111.815 (1) In the furtherance of this subchapter, the state shall be considered
12as a single employer and employment relations policies and practices throughout the
13state service shall be as consistent as practicable. The office shall negotiate and
14administer collective bargaining agreements. To coordinate the employer position
15in the negotiation of agreements, the office shall maintain close liaison with the
16legislature relative to the negotiation of agreements and the fiscal ramifications of
17those agreements. Except with respect to the collective bargaining unit specified in
18s. 111.825 (2) (f), the office is responsible for the employer functions of the executive
19branch under this subchapter, and shall coordinate its collective bargaining
20activities with operating state agencies on matters of agency concern. The legislative
21branch shall act upon those portions of tentative agreements negotiated by the office
22that require legislative action. With respect to the collective bargaining unit
23specified in s. 111.825 (2) (f), the governing board of the charter school established
24by contract under s. 118.40 (2r) (cm), 2011 stats., is responsible for the employer
25functions under this subchapter.
AB549,7
1Section 7. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Act 32 and
22013 Wisconsin Act .... (this act), is repealed and recreated to read:
AB549,7,223 111.815 (1) In the furtherance of this subchapter, the state shall be considered
4as a single employer and employment relations policies and practices throughout the
5state service shall be as consistent as practicable. The office shall negotiate and
6administer collective bargaining agreements. To coordinate the employer position
7in the negotiation of agreements, the office shall maintain close liaison with the
8legislature relative to the negotiation of agreements and the fiscal ramifications of
9those agreements. Except with respect to the collective bargaining units specified
10in s. 111.825 (1r) and (1t), the office is responsible for the employer functions of the
11executive branch under this subchapter, and shall coordinate its collective
12bargaining activities with operating state agencies on matters of agency concern.
13The legislative branch shall act upon those portions of tentative agreements
14negotiated by the office that require legislative action. With respect to the collective
15bargaining units specified in s. 111.825 (1r), the Board of Regents of the University
16of Wisconsin System is responsible for the employer functions under this subchapter.
17With respect to the collective bargaining units specified in s. 111.825 (1t), the
18chancellor of the University of Wisconsin-Madison is responsible for the employer
19functions under this subchapter. With respect to the collective bargaining unit
20specified in s. 111.825 (1r) (ef), the governing board of the charter school established
21by contract under s. 118.40 (2r) (cm), 2011 stats., is responsible for the employer
22functions under this subchapter.
AB549,8 23Section 8. 111.825 (2) (f) of the statutes is amended to read:
AB549,8,3
1111.825 (2) (f) Instructional staff employed by the board of regents of the
2University of Wisconsin System who provide services for a charter school established
3by contract under s. 118.40 (2r) (cm), 2011 stats.
AB549,9 4Section 9. 111.92 (1) (c) of the statutes is amended to read:
AB549,8,105 111.92 (1) (c) Any tentative agreement reached between the governing board
6of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.,
7acting for the state, and any labor organization representing a collective bargaining
8unit specified in s. 111.825 (1r) (ef) shall, after official ratification by the labor
9organization and approval by the chancellor of the University of
10Wisconsin-Parkside, be executed by the parties.
AB549,10 11Section 10. 115.001 (1) of the statutes is amended to read:
AB549,8,1512 115.001 (1) Charter school. "Charter school" means a school under contract
13with a school board under s. 118.40 (2m) or with one of the entities an entity under
14s. 118.40 (2r) (b), or a school established and operated by one of the entities under s.
15118.40 (2r) (b)
.
AB549,11 16Section 11. 115.415 (3) (a) (intro.) of the statutes is amended to read:
AB549,9,317 115.415 (3) (a) (intro.) The department shall promulgate by rule an equivalency
18process aligned with the evaluation system established under sub. (2) for a school
19district, a charter school under contract with a school board that is not an
20instrumentality of the school district,
or a charter school established under s. 118.40
21(2r) seeking to utilize an alternative process for the evaluation of teacher and
22principal practice. The process under this subsection shall be based on the criteria
23established in the 2011 Interstate Teacher Assessment and Support Consortium and
24the 2008 Interstate School Leaders Licensure Consortium Educational Leadership
25Policy Standards, and a school district, a charter school under contract with a school

1board that is not an instrumentality of the school district,
or charter school
2established under s. 118.40 (2r) that uses the process under this subsection shall
3evaluate the performance of teachers in the following domains:
AB549,12 4Section 12. 115.77 (8) of the statutes is amended to read:
AB549,9,125 115.77 (8) The local educational agency shall serve children with disabilities
6who are attending a charter or magnet school under contract with the local
7educational agency under s. 118.40 in the same manner as it serves children with
8disabilities attending schools of the local educational agency, and shall provide funds
9under this subchapter to such charter schools on the same basis as it provides funds
10under this subchapter to schools of the local educational agency, including
11proportional distribution based on enrollment of children with disabilities, and at
12the same time as it distributes other federal funds to the agency's other schools.
AB549,13 13Section 13. 118.40 (title) of the statutes is amended to read:
AB549,9,14 14118.40 (title) Charter schools and magnet schools.
AB549,14 15Section 14. 118.40 (1) of the statutes is renumbered 118.40 (1d) and amended
16to read:
AB549,9,2217 118.40 (1d) Notice to state superintendent. Whenever a school board intends
18to establish a charter school or a magnet school, it shall notify the state
19superintendent of its intention. Whenever one of the entities under sub. (2r) (b)
20intends to establish a charter school, it shall notify the state superintendent of its
21intention by February 1 of the previous school year. A notice under this subsection
22shall include a description of the proposed school.
AB549,15 23Section 15. 118.40 (1b) of the statutes is created to read:
AB549,9,2524 118.40 (1b) Definition. In this section, "magnet school" has the meaning given
25in 20 USC 7231a.
AB549,16
1Section 16. 118.40 (1m) (title) of the statutes is repealed and recreated to read:
AB549,10,22 118.40 (1m) (title) Magnet schools; petition.
AB549,17 3Section 17. 118.40 (1m) (a) of the statutes is amended to read:
AB549,10,74 118.40 (1m) (a) A written petition requesting the school board to establish a
5charter magnet school under this section may be filed with the school district clerk.
6The petition shall be signed by at least 10% of the teachers employed by the school
7district or by at least 50% of the teachers employed at one school of the school district.
AB549,18 8Section 18. 118.40 (1m) (b) 1., 2., 7., 13. and 15. of the statutes are amended
9to read:
AB549,10,1110 118.40 (1m) (b) 1. The name of the person who is seeking to establish the
11charter school.
AB549,10,1312 2. The name of the person who will be in charge of the charter school and the
13manner in which administrative services will be provided.
AB549,10,1514 7. Subject to sub. (7) (a) and (am) and ss. 118.19 (1) and 121.02 (1) (a) 2., the
15qualifications that must be met by the individuals to be employed in the school.
AB549,10,1716 13. The public school alternatives for pupils who reside in the school district
17and do not wish to attend or are not admitted to the charter school.
AB549,10,1918 15. The effect of the establishment of the charter school on the liability of the
19school district.
AB549,19 20Section 19. 118.40 (1p) of the statutes is created to read:
AB549,11,821 118.40 (1p) Magnet schools; granting of petition or school board initiative.
22(a) 1. Within 30 days after receiving a petition under sub. (1m), a school board shall
23hold a public hearing on the petition. At the hearing, the school board shall consider
24the level of employee and parental support for the establishment of the magnet
25school described in the petition and the fiscal impact of the establishment of the

1magnet school on the school district. After the hearing, the school board may grant
2the petition. The school board of the school district operating under ch. 119 shall
3either grant or deny the petition within 30 days after the public hearing. If the school
4board of the school district operating under ch. 119 denies a petition, the person
5seeking to establish the magnet school may, within 30 days after the denial, appeal
6the denial to the department. The department shall issue a decision within 30 days
7after receiving the appeal. The department's decision is final and not subject to
8judicial review under ch. 227.
AB549,11,139 2. If a school board grants a petition under this paragraph, the school board
10shall contract with the person named in the petition under sub. (1m) (b) 1. to operate
11the school as a magnet school under this section. The contract shall include all of the
12provisions specified in the petition and may include other provisions agreed to by the
13parties.
AB549,11,1614 (b) 1. A school board may on its own initiative contract with a person to operate
15a school as a magnet school. The contract shall include all of the provisions specified
16under sub. (1m) (b) and may include other provisions agreed to by the parties.
AB549,11,2117 2. At least 30 days before entering into a contract under this paragraph that
18would convert a private school to a magnet school, the school board shall hold a public
19hearing on the contract. At the hearing, the school board shall consider the level of
20employee and parental support for the establishment of the magnet school and the
21fiscal impact of the establishment of the magnet school on the school district.
AB549,12,222 (c) A school board may not enter into a contract under this subsection that
23would result in the conversion of all of the public schools in the school district to
24magnet schools unless the school board provides alternative public school

1attendance arrangements for pupils who do not wish to attend or are not admitted
2to a magnet school.
AB549,12,43 (d) A school board that enters into a contract to establish a magnet school under
4this subsection shall employ all personnel for the magnet school.
AB549,20 5Section 20. 118.40 (2) of the statutes is repealed.
AB549,21 6Section 21. 118.40 (2m) (title) of the statutes is amended to read:
AB549,12,77 118.40 (2m) (title) School Charter schools; school board initiative.
AB549,22 8Section 22. 118.40 (2m) (a) of the statutes is amended to read:
AB549,12,129 118.40 (2m) (a) A school board may on its own initiative contract with a person
10to operate a school as a charter school. The contract shall include all of the provisions
11specified under sub. (1m) (b) and may include other provisions agreed to by the
12parties.
AB549,23 13Section 23. 118.40 (2m) (am) of the statutes is amended to read:
AB549,12,2014 118.40 (2m) (am) At least 30 days before entering in a contract under this
15subsection that would convert a private school to a charter school or that would to
16establish a charter school that is not an instrumentality of the school district, the
17school board shall hold a public hearing on the contract. At the hearing, the school
18board shall consider the level of employee and parental support for the establishment
19of the charter school and the fiscal impact of the establishment of the charter school
20on the school district
.
AB549,24 21Section 24. 118.40 (2m) (b) of the statutes is amended to read:
AB549,13,222 118.40 (2m) (b) A school board may not enter into a contract under par. (a) that
23would result in the conversion of all of the public schools in the school district to
24charter schools unless the school board complies with sub. (2) (b) 2. if the school board

1provides alternative public school attendance arrangements for pupils who do not
2wish to attend or are not admitted to a charter school.
AB549,25 3Section 25. 118.40 (2r) (title) of the statutes is amended to read:
AB549,13,44 118.40 (2r) (title) Other Charter schools; other initiatives.
AB549,26 5Section 26. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:
AB549,13,96 118.40 (2r) (b) 1. (intro.) All Subject to par. (bg), any of the following entities
7may establish by charter and operate a charter school or, on behalf of their respective
8entities, may initiate a
contract with an individual or group a person to operate a
9school as
a charter school:
AB549,27 10Section 27. 118.40 (2r) (b) 1. b. of the statutes is amended to read:
AB549,13,1311 118.40 (2r) (b) 1. b. The chancellor of the an institution within the University
12of Wisconsin-Milwaukee Wisconsin System except for the chancellor of the
13University of Wisconsin Colleges
.
AB549,28 14Section 28. 118.40 (2r) (b) 1. bn. of the statutes is created to read:
AB549,13,1615 118.40 (2r) (b) 1. bn. The dean appointed under s. 36.09 (1) (e) of a college
16campus within the University of Wisconsin System.
AB549,29 17Section 29. 118.40 (2r) (b) 1. c. of the statutes is repealed.
AB549,30 18Section 30. 118.40 (2r) (b) 1. cm. of the statutes is created to read:
AB549,13,2019 118.40 (2r) (b) 1. cm. The board of control of a cooperative educational service
20agency.
AB549,31 21Section 31. 118.40 (2r) (b) 1. d. of the statutes is amended to read:
AB549,13,2222 118.40 (2r) (b) 1. d. The Milwaukee area A technical college district board.
AB549,32 23Section 32. 118.40 (2r) (b) 2. of the statutes is amended to read:
AB549,14,724 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under
25sub. (1m) (b) 3. to 14.
A contract shall include all of the provisions specified under

1sub. (1m) (b) 1. to 14. and
shall specify the effect of the establishment of the charter
2school on the liability of the contracting entity under this paragraph. The contract
3may include other provisions agreed to by the parties. The chancellor of the
4University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may
5not establish or enter into a contract for the establishment of a charter school under
6this paragraph without the approval of the board of regents of the University of
7Wisconsin System.
AB549,33 8Section 33. 118.40 (2r) (b) 2m. of the statutes is amended to read:
AB549,14,109 118.40 (2r) (b) 2m. a. A charter or contract may include grounds for expelling
10a pupil from the charter school.
AB549,14,1311 b. If the charter or contract includes grounds for expelling a pupil from the
12charter school as permitted under subd. 2m. a., the charter or contract shall include
13the procedures to be followed by the charter school prior to expelling a pupil.
AB549,34 14Section 34. 118.40 (2r) (b) 3. of the statutes is repealed.
AB549,35 15Section 35. 118.40 (2r) (b) 4. of the statutes is amended to read:
AB549,14,1716 118.40 (2r) (b) 4. No chartering or contracting entity under subd. 1. may
17establish or enter into a contract for the establishment of a virtual charter school.
AB549,36 18Section 36. 118.40 (2r) (bg) of the statutes is created to read:
AB549,15,219 118.40 (2r) (bg) An entity under par. (b) 1. may not contract with a person to
20operate a charter school in a school district in which at least 80 percent of the number
21of public schools that received the highest level of performance on the most recent
22school accountability report under s. 115.385 are located unless the person first
23provides written notice of the person's intent to operate a charter school in the school
24district that includes the proposed location of the charter school, the proposed grades
25that will be taught at the proposed charter school, and the members of the governing

1board that will govern the proposed charter school to the school board of that school
2district and one of the following occurs:
AB549,15,43 1. The school board provides written notice to the person that the school board
4will not contract with the person to operate the proposed charter school.
AB549,15,85 2. The school board provides written notice to the person that the school board
6will contract with the person to operate the proposed charter school but the parties
7are unable to negotiate a contract that is acceptable to both parties within 30 days
8of the school board's written notice of the school board's intent to contract.
AB549,15,129 3. The school board fails to provide written notice to the person of whether the
10school board will contract with the person to operate the proposed charter school
11within 30 days of receiving a notice under this paragraph of the person's intent to
12operate a charter school in the school district.
AB549,37 13Section 37. 118.40 (2r) (bm) of the statutes, as affected by 2013 Wisconsin Act
1420
, is renumbered 118.40 (2r) (bm) 1. and amended to read:
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