SB21: Bill Text

SB21,3285 Section 3285. 118.40 (2r) (f) of the statutes is created to read:

SB21,1272,5 118.40 (2r) (f) A charter school established under this subsection is a local educational agency under 20 USC 6301 to 6578 and as such is eligible for funding as a local educational agency, and shall comply with all requirements of local educational agencies, under 20 USC 6301 to 6578.

SB21,3286 Section 3286. 118.40 (2r) (g) of the statutes is created to read:

SB21,1272,15 118.40 (2r) (g) If a charter school established by contract with an entity under par. (b) 1. a. to d. is in operation on the effective date of this paragraph .... [LRB inserts date], and the charter school is assigned one of the top 2 grade levels in the most recent school report published by the department under s. 115.385, the person operating the charter school may open one or more additional charter schools notwithstanding the terms of the existing contract. All provisions of the existing contract, other than any provision that conflicts with this paragraph, apply to the new school or schools unless parties agree to amend the existing contract or enter into a new contract.

SB21,3287 Section 3287. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (a) 3. and amended to read:

SB21,1272,20 118.40 (3m) (a) 3. A school board or an entity under sub. (2r) (b) shall give Give preference in awarding contracts for the operation of charter schools to those charter schools that serve children at risk, as defined in s. 118.153 (1) (a).

SB21,3288 Section 3288. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (a) 2. and amended to read:

SB21,1273,2 118.40 (3m) (a) 2. 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 adhere to the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

SB21,3289 Section 3289. 118.40 (3) (f) of the statutes is created to read:

SB21,1273,7 118.40 (3) (f) A contract with a school board or an entity under sub. (2r) (b) may provide for the establishment of more than one charter school, and a charter school governing board may enter into more than one contract with a school board or entity under sub. (2r) (b).

SB21,3290 Section 3290. 118.40 (3) (g) of the statutes is created to read:

SB21,1273,12 118.40 (3) (g) 1. Except as provided in subds. 2. and 3. and sub. (4) (ar) 1., a contract with a school board or an entity under sub. (2r) (b) shall require that if the capacity of the charter school is insufficient to accept all pupils who apply, the charter school shall accept pupils at random.

SB21,1273,15 2. A charter school shall give preference in enrollment to pupils who were enrolled in the charter school in the previous school year and to siblings of pupils who are enrolled in the charter school.

SB21,1273,19 3. A charter school may give preference in enrollment to the children of the charter school's founders, governing board members, and full-time employees, but the total number of such children given preference may constitute no more than 10 percent of the charter school's total enrollment.

SB21,3291 Section 3291. 118.40 (3m) (title) and (a) (intro.) of the statutes are created to read:

SB21,1273,23 118.40 (3m) (title) Authorizing entity duties. (a) (intro.) A school board or entity under sub. (2r) (b) shall do all of the following:

SB21,3292 Section 3292. 118.40 (3m) (a) 1. and 4. to 6. of the statutes are created to read:

SB21,1273,25 118.40 (3m) (a) 1. Solicit and evaluate charter school applications.

SB21,1274,2 4. Approve only high-quality charter school applications that meet identified educational needs and promote a diversity of educational choices.

SB21,1274,5 5. In accordance with the terms of each charter school contract, monitor the performance and compliance with this section of each charter school with which it contracts.

SB21,1274,7 6. Annually, submit to the state superintendent and to the legislature under s. 13.172 (2) a report that includes all of the following:

SB21,1274,11 a. An identification of each charter school operating under contract with it, each charter school that operated under a contract with it but had its contract nonrenewed or revoked or that closed, and each charter school under contract with it that has not yet begun to operate.

SB21,1274,13 b. The academic and financial performance of each charter school operated under contract with it.

SB21,1274,16 c. The operating costs of the school board or entity under sub. (2r) (b) incurred under subds. 1. to 5., detailed in an audited financial statement prepared in accordance with generally accepted accounting principles.

SB21,1274,19 d. The services the school board or entity under sub. (2r) (b) has provided to the charter schools under contract with it and an itemized accounting of the cost of the services.

SB21,3293 Section 3293. 118.40 (3m) (b) of the statutes is created to read:

SB21,1274,23 118.40 (3m) (b) An organization or consortium approved by the charter school oversight board under sub. (2r) (bm) annually shall submit a report to the charter school oversight board that includes all the information specified in par. (a) 6.

SB21,3294 Section 3294. 118.40 (4) (title) of the statutes is amended to read:

SB21,1275,2 118.40 (4) (title) Charter school governing board; duties, powers, and restrictions.

SB21,3295 Section 3295. 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:

SB21,1275,6 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of the following:

SB21,3296 Section 3296. 118.40 (4) (ag) of the statutes is created to read:

SB21,1275,12 118.40 (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. No more than a minority of the governing board's members may be employees of the charter school or employees or officers of the school district in which the charter school is located.

SB21,3297 Section 3297. 118.40 (4) (b) (intro.) of the statutes is amended to read:

SB21,1275,15 118.40 (4) (b) Restrictions. (intro.) A charter school governing board may not do any of the following:

SB21,3298 Section 3298. 118.40 (4) (b) 2. of the statutes is amended to read:

SB21,1275,20 118.40 (4) (b) 2. Except as provided in par. (c) sub. (3) (h), discriminate in admission or deny participation in any program or activity on the basis of a person's sex, race, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.

SB21,3299 Section 3299. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and amended to read:

SB21,1276,4 118.40 (3) (h) 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 establish 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.

SB21,3300 Section 3300. 118.40 (4) (d) of the statutes is created to read:

SB21,1276,8 118.40 (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 all of the following:

SB21,1276,9 1. To receive and disburse funds for school purposes.

SB21,1276,10 2. To secure appropriate insurance.

SB21,1276,14 3. To enter into contracts, including contracts with a University of Wisconsin institution or college campus, technical college district board, or private college or university, for technical or financial assistance, academic support, curriculum review, or other services.

SB21,1276,15 4. To incur debt in reasonable anticipation of the receipt of funds.

SB21,1276,17 5. To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

SB21,1276,18 6. To solicit and accept gifts or grants for school purposes.

SB21,1276,19 7. To acquire real property for its use.

SB21,1276,20 8. To sue and be sued in its own name.

SB21,3301 Section 3301. 118.40 (7) (am) 2. of the statutes is amended to read:

SB21,1277,3 118.40 (7) (am) 2. 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 University of Wisconsin-Parkside contracts for the establishment of a charter school under sub. (2r), the board of regents of the University of Wisconsin System Authority may employ instructional staff for the charter school.

SB21,3302 Section 3302. 118.43 (1) (b) of the statutes is amended to read:

SB21,1277,7 118.43 (1) (b) "Low income" means the measure of low income that is used by the school district under 20 USC 2723 pupils who satisfy the income eligibility criteria 42 USC 1758 (b) (1).

SB21,3303 Section 3303. 118.50 of the statutes is created to read:

SB21,1277,14 118.50 Whole grade sharing. (1) Agreement. The school boards of 2 or more school districts may enter into a whole grade sharing agreement that provides for all or a substantial portion of the pupils enrolled in one or more grades in any of the school districts to attend school in one or more of the other school districts for all or a substantial portion of a school day. School boards shall include in a whole grade sharing agreement all of the following:

SB21,1277,16 (a) The term of the agreement and the date by which each school board must notify the other participating school boards of its intent to renew the agreement.

SB21,1277,17 (b) The grade levels in each school district that are subject to the agreement.

SB21,1277,20 (c) The annual amount that the school board of a pupil's resident school district pays to the school board of the school district that the pupil attends under the agreement.

SB21,1277,23 (d) Which school board grants diplomas to pupils who, under the agreement, graduate from high school in a school district other than the pupil's resident school district.

SB21,1278,3 (e) Which school board is responsible for pupil records, as defined in s. 118.125 (1) (d), for pupils, who under the agreement, attend school in a school district other than the pupil's resident school district.

SB21,1278,6 (2) Procedure. (a) A school board may not enter into, extend, or renew a whole grade sharing agreement after February 1 of the school year preceding the school year in which the agreement, extension, or renewal takes effect.

SB21,1278,12 (b) At least 90 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall adopt a resolution stating its intention to do so. Within 10 days after adoption of the resolution, the school district clerk shall publish notice of the adoption of the resolution as a class 1 notice under ch. 985 in a newspaper published in the school district or post a notice of the adoption of the resolution as provided in s. 10.05.

SB21,1278,20 (c) Within 30 days after publication or posting, a petition signed by at least 20 percent of the electors residing in the school district may be filed with the school board requesting a feasibility study of the agreement. Upon receiving the petition, the school board shall contract with an organization approved by the department to conduct the feasibility study. If a feasibility study is required under this paragraph, the school board may not enter into, extend, or renew a whole grade sharing agreement until it receives the results of the study. The school board shall post the results of the feasibility study on the school district's Internet site.

SB21,1278,25 (d) At least 30 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall hold a public hearing in the school district at which the proposed agreement is described and at which any school district elector may comment on the proposed agreement. Two or more school boards that will be parties to the agreement may hold a joint public hearing in one of the school districts.

SB21,1279,3 (3) Transportation. (a) In addition to the requirements under sub. (1), a whole grade sharing agreement shall specify which school board is responsible for transporting pupils to and from the school they are attending under the agreement.

SB21,1279,5 (b) A whole grade sharing agreement may also specify which school board may provide transportation for pupils attending summer classes under the agreement.

SB21,1279,8 (c) If, under a whole grade sharing agreement, a school board provides transportation for fewer than all pupils, there shall be reasonable uniformity in the minimum and maximum distances pupils are transported.

SB21,1279,12 (4) Attendance areas. If a school board enters into a whole grade sharing agreement that designates more than one school district for the attendance of its pupils, the school board shall establish attendance areas within the school district for determining the school districts of attendance of the pupils.

SB21,1279,17 (5) Rights and privileges of nonresident pupils; participation in programs. (a) Except as provided in s. 118.134 (3m), a pupil attending a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.

SB21,1279,21 (b) A pupil attending a public school in a nonresident school district under this section is considered a resident of the nonresident school district for the purposes of participating in programs of a cooperative educational service agency or a county children with disabilities education board.

SB21,1279,24 (6) Full-time enrollment in nonresident district. If a whole grade sharing agreement provides for a pupil to attend a grade in a nonresident school district, the pupil may not attend that grade in the nonresident school district under s. 118.51.

SB21,1280,2 (7) School district reorganization. A whole grade sharing agreement entered into under this section is not an order of school district reorganization under ch. 117.

SB21,3304 Section 3304. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ag).

SB21,3305 Section 3305. 118.51 (1) (ad) of the statutes is created to read:

SB21,1280,6 118.51 (1) (ad) "Charter school" excludes a school under contract with an entity under s. 118.40 (2r) (b).

SB21,3306 Section 3306. 118.51 (2) of the statutes is amended to read:

SB21,1280,15 118.51 (2) Applicability. A Except as provided in s. 118.50 (6), a pupil may attend a public school, including a charter school, prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.

SB21,3307 Section 3307. 118.51 (14) (b) of the statutes is amended to read:

SB21,1281,9 118.51 (14) (b) Low-income assistance. The parent of a pupil who is eligible satisfies the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1) and who will be attending public school in a nonresident school district in the following school year under this section may apply to the department, on the form prepared under sub. (15) (a), for the reimbursement of costs incurred by the parent for the transportation of the pupil to and from the pupil's residence and the school that the pupil will be attending. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The reimbursement amount may not exceed the actual transportation costs incurred by the parent or 3 times the statewide average per pupil transportation costs, whichever is less. If the appropriation under s. 20.255 (2) (cy) in any one year is insufficient to pay the full amount of approved claims under this paragraph, payments shall be prorated among the parents entitled thereto. By the 2nd Friday following the first Monday in May following receipt of the parent's application under sub. (3) (a), the department shall provide to each parent requesting reimbursement under this paragraph an estimate of the amount of reimbursement that the parent will receive if the pupil attends public school in the nonresident school district in the following school year.

SB21,3308 Section 3308. 118.51 (16) (a) 1m. of the statutes is created to read:

SB21,1281,12 118.51 (16) (a) 1m. For the amount in the 2015-16 and 2016-17 school years, the amount determined under subd. 3. a. for the 2014-15 school year.

SB21,3309 Section 3309. 118.51 (16) (a) 3. b. of the statutes is amended to read:

SB21,1281,19 118.51 (16) (a) 3. b. Beginning with the amount in the 2015-16 2017-18 school year, the sum of the amount determined under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

SB21,3310 Section 3310. 118.52 (11) (b) of the statutes is amended to read:

SB21,1282,5 118.52 (11) (b) Low-income assistance. The parent of a pupil who is attending a course at an educational institution under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the educational institution that the pupil is attending for the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The department shall give preference under this paragraph to those pupils who are eligible satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

SB21,3311 Section 3311. 118.55 (7g) of the statutes is amended to read:

SB21,1282,17 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The state superintendent shall give preference under this subsection to those pupils who are eligible satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).