LRB-5985/1
KRP:amn
2021 - 2022 LEGISLATURE
February 8, 2022 - Introduced by Representatives Wittke, Thiesfeldt, Dittrich,
Brandtjen, Gundrum, Knodl, Macco, Magnafici and Rozar, cosponsored by
Senators Darling, Roth, Stroebel, Wanggaard and Ballweg. Referred to
Committee on Education.
AB968,1,5 1An Act to amend 118.40 (2r) (e) 2p. (intro.), 118.40 (2r) (fm) 1. (intro.), 118.40
2(2r) (g) 1. a., 118.40 (2r) (g) 1. bf., 118.40 (3) (f) 1., 121.07 (2) (d) and 121.90 (1)
3(g); and to create 15.07 (1) (a) 7., 15.375 (3), 118.40 (2r) (b) 1. i. and 227.01 (13)
4(sm) of the statutes; relating to: creating a Charter School Authorizing Board
5and allowing the board to authorize independent charter schools.
Analysis by the Legislative Reference Bureau
Under current law, a school board, the Office of Educational Opportunity in the
UW System, the City of Milwaukee, the chancellor of an institution in the UW
System, a technical college district board, the county executive of Waukesha County,
the college of Menominee Nation, and the Lac Courte Oreilles Ojibwa community
college may contract with a person to operate a charter school. Those entities are
commonly referred to as charter school authorizers, and a charter school established
by a charter school authorizer other than a school board is known as an independent
charter school.
This bill creates the Charter School Authorizing Board, attached to the
Department of Public Instruction, and expands the entities that may establish
independent charter schools to include the CSAB.
The CSAB consists of the state superintendent of public instruction, two
members appointed by the state superintendent, two members appointed by the
governor, and six members, who are not legislators, appointed by the leaders in the
senate and assembly. The bill specifies that no appointed member of the CSAB may

serve more than two consecutive terms. The bill prohibits the CSAB from
promulgating rules and provides that any standard or statement of policy adopted
by the CSAB is exempt from the rule-making process.
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:
AB968,1 1Section 1. 15.07 (1) (a) 7. of the statutes is created to read:
AB968,2,32 15.07 (1) (a) 7. Members of the charter school authorizing board appointed
3under s. 15.375 (3) (a) shall be appointed as provided in that section.
AB968,2 4Section 2. 15.375 (3) of the statutes is created to read:
AB968,2,85 15.375 (3) Charter school authorizing board. (a) There is created a charter
6school authorizing board attached to the department of public instruction under s.
715.03. The board shall consist of the state superintendent of public instruction or his
8or her designee and the following members appointed for 4-year terms:
AB968,2,129 1. Two members appointed by the governor, at least one of whom has served on
10the governing board of a charter school under s. 118.40 (2r), has been employed by
11a charter school under s. 118.40 (2r), or has served on the governing body of an entity
12specified in s. 118.40 (2r) (b) 1.
AB968,2,1413 2. Two members, who are not legislators, appointed by the senate majority
14leader.
AB968,2,1515 3. One member, who is not a legislator, appointed by the senate minority leader.
AB968,2,1716 4. Two members, who are not legislators, appointed by the speaker of the
17assembly.
AB968,2,1918 5. One member, who is not a legislator, appointed by the assembly minority
19leader.
AB968,3,4
16. Two members appointed by the state superintendent of public instruction
2who have served on the governing board of a charter school under s. 118.40 (2r), have
3been employed by a charter school under s. 118.40 (2r), or have served on the
4governing body of an entity specified in s. 118.40 (2r) (b) 1.
AB968,3,105 (b) The appointing authorities under par. (a) 1. to 6. shall ensure to the extent
6feasible that members appointed to the charter school authorizing board are
7geographically diverse and have experience and expertise in governing public and
8nonprofit organizations; in management and finance; in public school leadership,
9assessment, and curriculum and instruction; and in education law; and understand
10and are committed to the use of charter schools to strengthen public education.
AB968,3,1211 (c) No member of the charter school authorizing board appointed under par. (a)
121. to 6. may serve more than 2 consecutive terms.
AB968,3,1313 (d) The charter school authorizing board does not have rule-making authority.
AB968,3 14Section 3. 118.40 (2r) (b) 1. i. of the statutes is created to read:
AB968,3,1515 118.40 (2r) (b) 1. i. The charter school authorizing board.
AB968,4 16Section 4. 118.40 (2r) (e) 2p. (intro.) of the statutes is amended to read:
AB968,4,217 118.40 (2r) (e) 2p. (intro.) In the 2015-16 school year and in each school year
18thereafter, for a pupil attending a charter school established by or under a contract
19with an entity under par. (b) 1. a. to f. and i., from the appropriation under s. 20.255
20(2) (fm), the department shall pay to the operator of the charter school an amount
21equal to the sum of the amount paid per pupil under this paragraph in the previous
22school year; the amount of the per pupil revenue limit adjustment under s. 121.91
23(2m) for the current school year, if positive; and the change in the amount of
24statewide categorical aid per pupil between the previous school year and the current

1school year, if positive. The change in the statewide categorical aid per pupil shall
2be determined as follows:
AB968,5 3Section 5. 118.40 (2r) (fm) 1. (intro.) of the statutes is amended to read:
AB968,4,84 118.40 (2r) (fm) 1. (intro.) Beginning in the 2018-19 school year, in addition to
5the payment under par. (e) and subject to subd. 3., for a pupil attending summer
6school at a charter school established by or under a contract with an entity under par.
7(b) 1. a. to f. and i., the department shall pay to the operator of the charter school, in
8the manner described in par. (e) 3m., an amount determined as follows:
AB968,6 9Section 6. 118.40 (2r) (g) 1. a. of the statutes is amended to read:
AB968,4,1310 118.40 (2r) (g) 1. a. Determine the number of pupils residing in the school
11district for whom a payment is made under par. (e) to an operator of a charter school
12established under contract with an entity under par. (b) 1. e., eg., or f., or i. in that
13school year.
AB968,7 14Section 7. 118.40 (2r) (g) 1. bf. of the statutes is amended to read:
AB968,4,1715 118.40 (2r) (g) 1. bf. Identify the pupils residing in the school district for whom
16a payment is made under par. (fm) to an operator of a charter school established
17under contract with an entity under par. (b) 1. e. or , f., or i. in that school year.
AB968,8 18Section 8. 118.40 (3) (f) 1. of the statutes is amended to read:
AB968,4,2319 118.40 (3) (f) 1. A contract with a school board, an entity under sub. (2r) (b) 1.
20a. to h., or the director under sub. (2x) may provide for the establishment of more than
21one charter school, and, except as provided in subd. 2., a charter school governing
22board may enter into more than one contract with a school board, an entity under
23sub. (2r) (b) 1., or the director under sub. (2x).
AB968,9 24Section 9. 121.07 (2) (d) of the statutes is amended to read:
AB968,5,4
1121.07 (2) (d) The number of pupils residing in the school district in the
2previous school year for whom a payment was made under s. 118.40 (2r) (e) to an
3operator of a charter school established under contract with an entity under s. 118.40
4(2r) (b) 1. e., eg., or f., or i. in the previous school year.
AB968,10 5Section 10. 121.90 (1) (g) of the statutes is amended to read:
AB968,5,116 121.90 (1) (g) In the 2017-18 school year and in each school year thereafter, the
7“number of pupils enrolled" shall include the total number of pupils residing in the
8school district who on the 3rd Friday of September of each appropriate school year
9attend a charter school established under a contract with an entity under s. 118.40
10(2r) (b) 1. e. to h. i. or a charter school established under a contract with the director
11under s. 118.40 (2x).
AB968,11 12Section 11. 227.01 (13) (sm) of the statutes is created to read:
AB968,5,1413 227.01 (13) (sm) Is a standard or statement of policy adopted by the charter
14school authorizing board.
AB968,12 15Section 12. Nonstatutory provisions.
AB968,5,1916 (1) Charter school authorizing board; staggering of terms. Notwithstanding
17the length of terms specified for members of the charter school authorizing board
18under s. 15.375 (3) (a) (intro.), the initial members appointed to the board under s.
1915.375 (3) (a) shall be appointed as follows:
AB968,5,2120 (a) The initial members under s. 15.375 (3) (a) 1. shall be appointed for terms
21expiring on May 1, 2025.
AB968,5,2322 (b) The initial members under s. 15.375 (3) (a) 2. shall be appointed for terms
23expiring on May 1, 2027.
AB968,5,2524 (c) The initial member under s. 15.375 (3) (a) 3. shall be appointed for a term
25expiring on May 1, 2027.
AB968,6,2
1(d) The initial members under s. 15.375 (3) (a) 4. shall be appointed for terms
2expiring on May 1, 2025.
AB968,6,43 (e) The initial member under s. 15.375 (3) (a) 5. shall be appointed for a term
4expiring on May 1, 2025.
AB968,6,65 (f) The initial members under s. 15.375 (3) (a) 6. shall be appointed for terms
6expiring on May 1, 2027.
AB968,13 7Section 13. Effective date.
AB968,6,88 (1) This act takes effect on July 1, 2023.
AB968,6,99 (End)
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