SB755: Bill Text

LRB-4535/1

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2015 - 2016 LEGISLATURE

2015 Senate BILL 755

February 17, 2016 - Introduced by Senators C. Larson and Harris Dodd, cosponsored by Representatives Brostoff, Bowen, Barnes, Pope, Berceau, Riemer and Kessler. Referred to Committee on Education.

SB755,1,10 An Act to repeal 13.94 (1) (os), 20.255 (2) (fs), 40.03 (2) (x), 59.17 (2) (b) 7., 59.796, 62.53, 115.28 (10m), 115.28 (10o), subchapter IX of chapter 115 [precedes 115.999], 119.02 (2g), 119.02 (4), 119.16 (1n), 119.16 (15), 119.33, 119.44 (2) (a) 5., subchapter II of chapter 119 [precedes 119.9000] and 120.18 (1) (o); and to amend 13.94 (intro.), 13.94 (1) (b), 13.94 (1) (e), 13.94 (1s) (a), 63.23 (1), 66.0301 (1) (a), 118.125 (4), 118.30 (1g) (a) 3., 118.30 (1s) (intro.), 118.33 (1) (f) 2., 118.33 (1) (f) 2m., 118.33 (1) (f) 3., 119.02 (1), 119.04 (1), 119.16 (2), 119.16 (8), 119.16 (9), 119.46 (1), 119.61 (2) (b), 119.61 (2) (c), 119.61 (3), 146.89 (1) (d) 2., 146.89 (1) (g) 1. and 938.49 (2) (b) of the statutes; relating to: Opportunity Schools and Partnership Programs.

Analysis by the Legislative Reference Bureau

This bill repeals all three Opportunity Schools and Partnership Programs, created in 2015 Wisconsin Act 55: the first class city OSPP, the superintendent of schools OSPP, under the control of the superintendent of schools of the Milwaukee Public Schools, and the OSPP for eligible school districts. An eligible school district is one that satisfies all of the following: 1) the school district was assigned to the lowest performance category on the accountability reports published for the district in the two most recent school years; 2) the membership of the school district is greater than 15,000; and 3) the school district received intradistrict transfer aid in the two school years described under item 1. Act 55 placed the first class city OSPP and each eligible school district OSPP under the supervision of a commissioner, appointed by the county executive of the county in which the school district is located.

Under each OSPP, an entity other than the school board was granted supervision over the operation and general management of certain eligible schools. These entities include a person who operates a charter school and the governing body of a nonsectarian private school participating in a parental choice program. An eligible school in each OSPP is a school that was assigned to the lowest performance category on the most recent accountability report published for the school.

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:

SB755,1 Section 1. 13.94 (intro.) of the statutes, as affected by 2015 Wisconsin Acts 2 and 55, is amended to read:

SB755,3,5 13.94 Legislative audit bureau. (intro.) There is created a bureau to be known as the "Legislative Audit Bureau," headed by a chief known as the "State Auditor." The bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of any audit currently being performed. Subject to s. 230.35 (4) (a) and (f), the state auditor or designated employees shall at all times with or without notice have access to all departments and to any books, records or other documents maintained by the departments and relating to their expenditures, revenues, operations and structure, including specifically any such books, records, or other documents that are confidential by law, except as provided in sub. (4) and except that access to documents of counties, cities, villages, towns or school districts is limited to work performed in connection with audits authorized under sub. (1) (m) and except that access to documents of the opportunity schools and partnership programs under s. 119.33, subch. IX of ch. 115, and subch. II of ch. 119 is limited to work performed in connection with audits authorized under sub. (1) (os). In the discharge of any duty imposed by law, the state auditor may subpoena witnesses, administer oaths and take testimony and cause the deposition of witnesses to be taken as prescribed for taking depositions in civil actions in circuit courts.

SB755,2 Section 2. 13.94 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,3,21 13.94 (1) (b) At the state auditor's discretion or as the joint legislative audit committee directs, audit the records of each department. Audits of the records of a county, city, village, town, or school district may be performed only as provided in par. (m). Audits of the records of the opportunity schools and partnership programs under s. 119.33, subch. IX of ch. 115, and subch. II of ch. 119 may be performed only as provided in par. (os). After completion of any audit under this paragraph, the bureau shall file with the chief clerk of each house of the legislature, the governor, the department of administration, the legislative reference bureau, the joint committee on finance, the legislative fiscal bureau, and the department audited, a detailed report of the audit, including the bureau's recommendations for improvement and efficiency and including specific instances, if any, of illegal or improper expenditures. The chief clerks shall distribute the report to the joint legislative audit committee, the appropriate standing committees of the legislature, and the joint committee on legislative organization.

SB755,3 Section 3. 13.94 (1) (e) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,4,4 13.94 (1) (e) Make such special examinations of the accounts and financial transactions of any department, agency or officer as the legislature, joint legislative audit committee or joint committee on legislative organization directs. Examinations of the accounts and transactions of a county, city, village, town, or, subject to par. (os), of a school district, may be performed only as authorized in par. (m).

SB755,4 Section 4. 13.94 (1) (os) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB755,5 Section 5. 13.94 (1s) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,4,14 13.94 (1s) (a) Except as otherwise provided in par. (c), the legislative audit bureau may charge any department for the reasonable cost of auditing services performed at the request of a department or at the request of the federal government that the bureau is not required to perform under sub. (1) (b) or (c) or any other law. This paragraph does not apply to counties, cities, villages, towns, or school districts or to the opportunity schools and partnership programs under sub. (1) (os).

SB755,6 Section 6. 20.255 (2) (fs) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB755,7 Section 7. 40.03 (2) (x) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB755,8 Section 8. 59.17 (2) (b) 7. of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB755,9 Section 9. 59.796 of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB755,10 Section 10. 62.53 of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB755,11 Section 11. 63.23 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,5,10 63.23 (1) The city service commission shall classify all offices and positions in the city service, excepting those subject to the exemptions of s. 63.27 and those subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a), according to the duties and responsibilities of each position. Classification shall be so arranged that all positions which in the judgment of the commission are substantially the same with respect to authority, responsibility and character of work are included in the same class. From time to time the commission may reclassify positions upon a proper showing that the position belongs to a different class.

SB755,12 Section 12. 66.0301 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,6,4 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, or school district, the opportunity schools and partnership programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of schools opportunity schools and partnership program under s. 119.33, or any public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

SB755,13 Section 13. 115.28 (10m) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB755,14 Section 14. 115.28 (10o) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB755,15 Section 15. Subchapter IX of chapter 115 [precedes 115.999] of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB755,16 Section 16. 118.125 (4) of the statutes, as affected by Wisconsin Act 55, is amended to read:

SB755,7,6 118.125 (4) Transfer of records. Within 5 working days, a school district, and a private school participating in the program under s. 118.60 or in the program under s. 119.23, and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall transfer to another school, including a private or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.

SB755,17 Section 17. 118.30 (1g) (a) 3. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,7,17 118.30 (1g) (a) 3. The governing body of each private school participating in the program under s. 119.23 and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

SB755,18 Section 18. 118.30 (1s) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,8,2 118.30 (1s) (intro.) Annually, the governing body of each private school participating in the program under s. 119.23, other than a private school at which fewer than 20 pupils are attending the school under the program under s. 119.23, and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall do all of the following:

SB755,19 Section 19. 118.33 (1) (f) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,8,13 118.33 (1) (f) 2. The operator of a charter school under s. 118.40 (2r) or (2x) that operates high school grades and an individual or group or a person that, pursuant to s. 115.999 (3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 and that operates high school grades shall develop and periodically review and revise a policy specifying criteria for granting a high school diploma. The criteria shall include the pupil's academic performance, successful completion of the civics test under sub. (1m) (a), and the recommendations of teachers.

SB755,20 Section 20. 118.33 (1) (f) 2m. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,9,2 118.33 (1) (f) 2m. The governing body of each private school participating in the program under s. 119.23 and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall develop and periodically review and revise a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 119.23 or the school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119. The criteria shall include the pupil's academic performance, successful completion of the civics test under sub. (1m) (a), and the recommendations of teachers.

SB755,21 Section 21. 118.33 (1) (f) 3. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,9,23 118.33 (1) (f) 3. Neither a school board nor an operator of a charter school under s. 118.40 (2r) or (2x) nor an individual or group or person that, pursuant to s. 115.999 (3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2. Neither the The governing body of a private school participating in the program under s. 119.23 nor a governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may not grant a high school diploma to any pupil attending the private school under s. 119.23 or the school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2m. The governing body of a private school participating in the program under s. 118.60 may not grant a high school diploma to any pupil attending the private school under s. 118.60 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2r.

SB755,22 Section 22. 119.02 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB755,10,3 119.02 (1) "Board" means the board of school directors in charge of the public schools of a city of the 1st class other than those public schools transferred to the opportunity schools and partnership programs under s. 119.33 or subch. II.

SB755,23 Section 23. 119.02 (2g) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB755,24 Section 24. 119.02 (4) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.