LRB-4022/2
FFK:klm
2019 - 2020 LEGISLATURE
January 16, 2020 - Introduced by Representatives L. Myers, Crowley, Emerson,
Vruwink, Haywood, Kolste, Billings, C. Taylor, Sinicki, Brostoff, Bowen,
Pope and Goyke, cosponsored by Senators L. Taylor, Wirch and Larson.
Referred to Committee on Education.
AB739,1,6 1An Act to repeal 118.44 (4) (a) 2. and 3. and 118.44 (4) (b); to renumber 118.44
2(4) (a) 1. a. and b.; to renumber and amend 118.44 (4) (a) (title); to
3consolidate, renumber and amend
118.44 (4) (a) (intro.) and 1. (intro.); to
4amend
118.44 (1) (d), 118.44 (4) (d), 118.44 (5) (b) and 118.44 (6) (f); and to
5create
118.44 (4m) of the statutes; relating to: the requirements for an
6achievement gap reduction contract.
Analysis by the Legislative Reference Bureau
Under the Achievement Gap Reduction program, a school board receives aid for
low-income pupils who are enrolled in a participating grade at a participating school
if the participating school complies with an AGR contract between the Department
of Public Instruction and the school board. Current law requires that an AGR
contract include, among other things, that the school board will implement one or
more of the following strategies in the participating grades at a participating school:
1. Reduce class sizes to no more than 18 pupils, or 30 pupils if the classroom has
at least two regular classroom teachers, and provide professional development for
teachers related to small group instruction.
2. Provide data-driven instructional coaching for teachers.
3. Provide data-informed one-to-one tutoring for pupils at risk of difficulty
with math or reading.
This bill eliminates the option for a school board to implement one or more of
the strategies described above and instead requires that, under an AGR contract, a

school board must reduce class size to no more than 18 pupils, or 30 pupils if the
classroom has at least two regular classroom teachers, and provide professional
development for teachers related to small group instruction. Additionally, the bill
creates a process for a school board to obtain a waiver from this requirement during
the first three years of an AGR contract if the school board makes a good faith effort
to implement the small class size strategy.
Finally, under current law, a “participating grade” is defined as five-year-old
kindergarten to third grade at a school that is subject to an AGR contract. Under the
bill, four-year-old kindergarten is also a participating grade.
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:
AB739,1 1Section 1 . 118.44 (1) (d) of the statutes is amended to read:
AB739,2,42 118.44 (1) (d) “Participating grade" means grade 4-year-old kindergarten,
35-year-old kindergarten, and grades 1 to 3 in a school subject to a contract under this
4section.
AB739,2 5Section 2. 118.44 (4) (a) (title) of the statutes is renumbered 118.44 (4) (am)
6(title) and amended to read:
AB739,2,87 118.44 (4) (am) (title) Strategies: class Class size; instructional coaching;
8tutoring
.
AB739,3 9Section 3. 118.44 (4) (a) (intro.) and 1. (intro.) of the statutes are consolidated,
10renumbered 118.44 (4) (am) (intro.) and amended to read:
AB739,2,1411 118.44 (4) (am) (intro.) The school board to implement one or more of the
12following strategies in
For each class in each participating grade at each
13participating school: 1. Provide, provide professional development related to small
14group instruction and reduce the class size to one of the following:
AB739,4 15Section 4. 118.44 (4) (a) 1. a. and b. of the statutes are renumbered 118.44 (4)
16(am) 1. and 2.
AB739,5
1Section 5. 118.44 (4) (a) 2. and 3. of the statutes are repealed.
AB739,6 2Section 6. 118.44 (4) (b) of the statutes is repealed.
AB739,7 3Section 7. 118.44 (4) (d) of the statutes is amended to read:
AB739,3,84 118.44 (4) (d) School board review. Each participating school to present
5information regarding the school's implementation of the contract requirements
6requirement under par. (a) (am), its performance objectives under par. (c), and its
7success in attaining the objectives to the school board at the end of every semester
8of the contract.
AB739,8 9Section 8. 118.44 (4m) of the statutes is created to read:
AB739,3,1610 118.44 (4m) Waiver. In any of the first 3 years of a contract under sub. (3), a
11school board may request a waiver from the requirement under sub. (4) (am). The
12department shall grant the school board's request if the school board demonstrates
13that the school board made a good faith effort to comply with the requirement under
14sub. (4) (am). If a school board obtains a waiver under this subsection, the school
15board is considered to have complied with sub. (4) (am) in the school year for which
16the waiver is granted. This subsection does not apply to a renewal under sub. (5).
AB739,9 17Section 9. 118.44 (5) (b) of the statutes is amended to read:
AB739,3,2118 118.44 (5) (b) The Subject to sub. (4m), the department may not renew a
19contract with a school district on behalf of a participating school if the department
20determines that the school board has failed to comply with the terms of the contract
21under sub. (4).
AB739,10 22Section 10. 118.44 (6) (f) of the statutes is amended to read:
AB739,4,323 118.44 (6) (f) Limitations on payment. If Subject to sub. (4m), if a school fails
24to implement the requirements under sub. (4) (a) (am) in a participating grade for
25which the department has made payment, the school board of the district shall, upon

1the request of the department, reimburse the department the amount paid for the
2participating grade on the school's behalf for the school year in which the
3requirements were not implemented.
AB739,11 4Section 11. Initial applicability.
AB739,4,65 (1) This act first applies to a contract under s. 118.44 that is entered into,
6renewed, or modified on the effective date of this subsection.
AB739,4,77 (End)
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