Chapter 119

119.9001 119.9001 Commissioner of opportunity schools and partnership program; general provisions.

119.9001(1) (1) The governor, the mayor of the city, and the county executive shall each appoint a person who is not an elected official to compile a list of candidates for the position of commissioner.

119.9001(2) (2) 

119.9001(2)(a) (a) No later than 120 days after July 14, 2015, the county executive shall select, from the list of qualified candidates provided under sub. (1), an individual to serve as the commissioner of the opportunity schools and partnership program.

119.9001(2)(b) (b) In the event of a vacancy in the commissioner position, the county executive shall notify the governor and the mayor of the city who shall follow the procedure under sub. (1). No later than 120 days after providing notice under this paragraph, the county executive shall select an individual to fill the vacant position.

119.9001(2)(c) (c) The commissioner shall report to the county executive and may be removed from office only by the county executive.

119.9001(3) (3) The commissioner is subject to all restrictions, liabilities, punishments, and limitations, other than recall under s. 9.10 (4), prescribed by law for members of the common council in their city.

119.9001(4) (4) The commissioner shall be paid an annual salary in the amount set by the county executive.

119.9001(5) (5) 

119.9001(5)(a) (a) The corporation counsel of the county shall be the legal adviser of and attorney for the commissioner and the opportunity schools and partnership program, except that the commissioner shall retain an attorney to represent the commissioner and the opportunity schools and partnership program in any matter if any of the following applies:

119.9001(5)(a)1. 1. The county executive, the county corporation counsel, or the commissioner determines that the commissioner or the opportunity schools and partnership program requires specialized legal expertise not possessed by the county corporation counsel.

119.9001(5)(a)2. 2. The county executive, the county corporation counsel, or the commissioner determines that the county corporation counsel does not have sufficient staff to adequately represent the interests of the commissioner or the opportunity schools and partnership program.

119.9001(5)(a)3. 3. The county executive, the county corporation counsel, or the commissioner determines that a conflict of interest exists.

119.9001(5)(b) (b) The county corporation counsel shall notify the commissioner as soon as a determination is made under par. (a) that the county corporation counsel is unable to represent the commissioner.

119.9001(5)(c) (c) The commissioner shall provide the county corporation counsel with reasonable notice of any meeting at which the commissioner will consider retention of an attorney.

119.9001 History History: 2015 a. 55; 2017 a. 150.

119.9002 119.9002 Commissioner; duties. The commissioner, the entities selected to operate and manage schools transferred to the program under this subchapter, and each school transferred to the program under this subchapter shall be subject to ss. 118.016, 118.13, 118.30 (1m), and 118.38, other than s. 118.38 (1) (a) 9., and to subch. V of ch. 115 and federal law applicable to children with disabilities. The commissioner shall do all of the following:

119.9002(1) (1) Policies for identifying eligible schools to be transferred to the opportunity schools and partnership program; partnership initiatives.

119.9002(1)(a) (a) Establish policies for providing qualitative analysis of each eligible school, identified in the annual report submitted by the state superintendent under s. 115.28 (10m) (a), to determine whether the school is suitable for transfer to the opportunity schools and partnership program. The commissioner shall include as a criterion in his or her policies the level of interest within the school and the school’s community in transferring the school to the program, as determined from community engagement. The commissioner shall establish a method for evaluating community engagement.

119.9002(1)(b) (b) Develop and manage partnership programs to more efficiently and effectively deploy wraparound services to residents of the county.

119.9002(2) (2) Selection of schools for transfer to the opportunity schools and partnership program and limit on the number of schools transferred in any one school year.

119.9002(2)(a) (a)

119.9002(2)(a)1. 1. During the 2015-16 school year, from the report submitted by the state superintendent under s. 115.28 (10m) (a), and using the policies established under sub. (1) (a), select at least one and not more than 3 eligible schools to be transferred to the opportunity schools and partnership program for the following school year.

119.9002(2)(a)2. 2. During the 2016-17 school year, from the report submitted by the state superintendent under s. 115.28 (10m) (a), and using the policies established under sub. (1) (a), select not more than 3 additional eligible schools to be transferred to the opportunity schools and partnership program for the following school year.

119.9002(2)(a)3. 3. During the 2017-18 school year, and in any subsequent school year, from the report submitted by the state superintendent under s. 115.28 (10m) (a), and using the policies established under sub. (1) (a), select not more than 5 additional eligible schools to be transferred to the opportunity schools and partnership program for the following school year.

119.9002(2)(b) (b) Develop a request-for-proposal process for soliciting proposals from individuals, groups, persons, and governing bodies of private schools to operate and manage an eligible school upon transfer of the school to the opportunity schools and partnership program.

119.9002(2)(c) (c) After selecting one or more eligible schools to be transferred to the opportunity schools and partnership program as provided under par. (a), initiate the request-for-proposal process under par. (b) for each selected school and make a determination regarding the entity that will operate the school. Upon receipt of proposals under par. (b), the commissioner may engage the families of pupils enrolled in the school and community members and organizations to cultivate support for the transfer of the school to the program.

119.9002(2)(d) (d) For each eligible school selected under par. (a), determine which of the following will be responsible for the operation and general management of the school upon its transfer to the opportunity schools and partnership program:

119.9002(2)(d)1. 1. An individual or group not currently operating a school.

119.9002(2)(d)2. 2. A person who is operating a charter school. The commissioner may proceed under this subdivision only if one of the following applies:

119.9002(2)(d)2.a. a. The performance, on the most recent examinations administered under s. 118.30 (1r), of pupils attending a school operated by the person exceeds the performance, on the most recent examinations administered under s. 118.30 (1), of pupils attending the school being transferred to the person under this subdivision.

119.9002(2)(d)2.b. b. In each of the 3 preceding consecutive accountability reports published under s. 115.385 (1), the performance category assigned to a school operated by the person exceeds the performance category assigned to the school being transferred to the person under this subdivision. If fewer than 3 accountability reports have been published for a school described in this subd. 2. b., the commissioner shall determine an alternative method for comparing the school’s performance.

119.9002(2)(d)3. 3. The governing body of a nonsectarian private school participating in a program under s. 118.60 or 119.23. The commissioner may proceed under this subdivision only if one of the following applies:

119.9002(2)(d)3.a. a. The performance, on the most recent examinations administered under s. 118.30 (1s) or (1t), of pupils attending a school operated by the governing body exceeds the performance, on the most recent examinations administered under s. 118.30 (1), of pupils attending the school being transferred to the governing body under this subdivision.

119.9002(2)(d)3.b. b. In each of the 3 preceding consecutive accountability reports published under s. 115.385 (1), the performance category assigned to a school operated by the governing body exceeds the performance category assigned to the school being transferred to the governing body under this subdivision. If fewer than 3 accountability reports have been published for a private school described in this subd. 3. b., the commissioner shall determine an alternative method for comparing the school’s performance.

119.9002(2)(e) (e) Provide alternative public school attendance arrangements for pupils who do not wish to attend a school that has been transferred to the opportunity schools and partnership program.

119.9002(2)(f) (f) Annually submit to the board and to the county executive a report of the total number of pupils enrolled in all schools transferred to the opportunity schools and partnership program in the current school year. For each school transferred to the opportunity schools and partnership program, the commissioner shall indicate the number of pupils enrolled in the school and whether the school is under the operation and general management of an individual or group under sub. (3) (a), a person operating a charter school as described under sub. (3) (b), or the governing body of a private school as described under sub. (3) (c).

119.9002(3) (3) Transfer of schools and supervision of schools transferred to the opportunity schools and partnership program. Under the direction of the county executive, assume general supervision over the schools transferred to the opportunity schools and partnership program and take one of the following actions regarding each school selected under sub. (2) (a):

119.9002(3)(a) (a) Transfer the operation and general management of the school to an individual or group under sub. (2) (d) 1. If the commissioner proceeds under this paragraph, neither the commissioner nor the individual or group selected to be responsible for the operation and general management of the school may charge tuition to pupils attending the school.

119.9002(3)(b) (b) Transfer the operation and general management of the school to a person under sub. (2) (d) 2. pursuant to a 5-school-year contract with the person. If the commissioner proceeds under this paragraph, the commissioner may contract only with a not-for-profit group. Under the terms of the contract:

119.9002(3)(b)1. 1. The person, and schools operated by the person, shall be subject to the provisions of ss. 118.13 and 118.38, other than s. 118.38 (1) (a) 9.

119.9002(3)(b)2. 2. The person shall submit achievement data of pupils attending the school directly to the commissioner, who shall submit that achievement data to the board.

119.9002(3)(b)3. 3. The person may not charge tuition to pupils attending a school under the contract.

119.9002(3)(b)4. 4. The commissioner shall evaluate the performance of the school at the end of the 3rd school year under the contract to determine whether the school is demonstrating adequate growth in pupil achievement. If the commissioner determines that the school is not demonstrating adequate growth in pupil achievement, the commissioner may either select an alternative person that qualifies under sub. (2) (d) 2. to be responsible for the operation and general management of the school or select a governing body of a private school that qualifies under sub. (2) (d) 3. to be responsible for the operation and general management of the school.

119.9002(3)(c) (c) Transfer the operation and general management of the school to the governing body of a private school pursuant to a 5-school-year contract with the governing body. If the commissioner proceeds under this paragraph, the commissioner may contract only with a not-for-profit governing body of a private school. Under the terms of the contract:

119.9002(3)(c)1. 1. The governing body of a private school, and schools in the opportunity schools and partnership program operated by the governing body, shall be subject to the provisions of ss. 118.13 and 118.38, other than s. 118.38 (1) (a) 9.

119.9002(3)(c)2. 2. The governing body of a private school shall administer the examinations required under ss. 118.016 and 118.30 (1s) and shall submit achievement data of pupils attending the school directly to the commissioner, who shall submit that achievement data to the board.

119.9002(3)(c)3. 3. The governing body of a private school may not charge tuition to pupils attending a school under the contract.

119.9002(3)(c)4. 4. The commissioner shall evaluate the performance of the school at the end of the 3rd school year under the contract to determine whether the school is demonstrating adequate growth in pupil achievement. If the commissioner determines that the school is not demonstrating adequate growth in pupil achievement, the commissioner may either select an alternative governing body of a private school that qualifies under sub. (2) (d) 3. to be responsible for the operation and general management of the school or select a person that qualifies under sub. (2) (d) 2. to be responsible for the operation and general management of the school.

119.9002(3)(d) (d) Ensure that no school transferred to the opportunity schools and partnership program charges tuition to pupils.

119.9002(4) (4) Achievement and assessment data. Upon receipt from an individual or group operating a school pursuant to sub. (3) (a), from a person operating a school pursuant to sub. (3) (b), or from the governing body of a private school operating a school under sub. (3) (c) of pupil achievement and assessment data, forward that data to the board.

119.9002(5) (5) Employees; benefits.

119.9002(5)(a) (a) Select, hire, and employ staff. The commissioner may terminate staff if appropriate. The commissioner shall determine the compensation, duties, and qualifications of its staff. Individuals employed by the commissioner are not subject to subch. II of ch. 63.

119.9002(5)(b) (b)

119.9002(5)(b)1. 1. Take responsibility over the selection, hiring, employment, and termination of the principals, vice principals, and teachers in those schools transferred to the opportunity schools and partnership program. The commissioner shall assign all teachers within those schools and shall engage and assign substitute teachers at the per diem compensation fixed by the commissioner. If the commissioner transfers a school to the opportunity schools and partnership program, the commissioner may reassign the school’s staff members out of the school without regard to seniority in service, shall terminate all employees of the school who are employees of the school district operating under this chapter, and shall require any individual seeking to remain employed at the school to reapply for employment at the school. Employees of the opportunity schools and partnership program are not employees of the board.

119.9002(5)(b)2. 2. The commissioner may delegate school staffing decisions under subd. 1. to the individual or group operating the school under sub. (3) (a), the person operating the school under sub. (3) (b), or the governing body of a private school operating the school under sub. (3) (c).

119.9002(5)(b)3. 3. Upon transfer of a school out of the opportunity schools and partnership program, reassign staff members of the school only in consultation with the board.

119.9002(5)(c) (c) Determine which of the following instruments will be used to provide health care and retirement benefits to the commissioner and the employees of the opportunity schools and partnership program, and schools transferred to the program, and take the necessary and appropriate steps to execute the selected instrument:

119.9002(5)(c)1. 1. A memorandum of understanding with the board under which the commissioner may purchase health care and retirement benefits for the commissioner and all employees of the opportunity schools and partnership program and schools transferred to the program.

119.9002(5)(c)2. 2. A memorandum of understanding with the secretary of employee trust funds under s. 40.03 (2) (x) 3. under which the commissioner may purchase health care and retirement benefits, with statutory contributions, for the commissioner and all employees of the opportunity schools and partnership program and schools transferred to the program.

119.9002(5)(c)3. 3. A contract between the commissioner and an individual or group under sub. (3) (a) or a person under sub. (3) (b) under which the individual or group or the person is required to self-insure or purchase health care and retirement benefits for employees of the school under the contract.

119.9002(5)(c)4. 4. A contract between the commissioner and a governing body of a private school under sub. (3) (c) under which the governing body is required to self-insure or purchase health care and retirement benefits for employees of the school under the contract.

119.9002(6) (6) Educational priorities and objectives. Identify broad yearly objectives and assess priorities for education in the opportunity schools and partnership program. The commissioner shall issue an annual report to the county executive and such additional reports as the commissioner deems desirable on the progress of pupils enrolled in schools in the program.

119.9002(7) (7) Management of schools transferred to the opportunity schools and partnership program. Upon the transfer of a school to the opportunity schools and partnership program, take possession and exercise care, control, and management of all land, buildings, facilities, and other property that is part of the school being transferred as an agent of the board.

119.9002(8) (8) Custodians of school premises. Fix the duties and responsibilities of principals of schools transferred to the opportunity schools and partnership program, as custodians of the school premises, and of the school engineers. Each principal shall have general supervision of and shall be custodian of all school premises over which the principal presides.

119.9002(9) (9) Competitive bidding. Establish competitive bidding policies and procedures for purchases and contracts.

119.9002(10) (10) School budget. Annually, prepare a budget for each school transferred to the opportunity schools and partnership program. The commissioner may delegate budgeting responsibilities under this subsection to the individual or group operating the school under sub. (3) (a), the person operating the school under sub. (3) (b), or the governing body of a private school operating the school under sub. (3) (c).

119.9002(11) (11) Budget. Annually transmit his or her proposed budget to the board on forms furnished by the auditing officer of the city.

119.9002(12) (12) Comprehensive programs. Collaborate with nonprofit organizations and government agencies to provide pupils enrolled in a school in the opportunity schools and partnership program with comprehensive social services and educational support, which may include a program that offers comprehensive services that address the needs of children and youth from before the time they are born through postsecondary education.

119.9002(13) (13) Alternative routes to graduation. Provide alternative methods of attaining a high school diploma for those pupils enrolled in a school in the opportunity schools and partnership program who are unlikely to graduate in the traditional manner, including a program allowing a pupil or former pupil to retake a course in which he or she was not initially successful.

119.9002(14) (14) Transportation.

119.9002(14)(a) (a) Provide for the transportation of pupils to and from any school transferred to the opportunity schools and partnership program.

119.9002(14)(b) (b) Upon written request from the parent or guardian of a pupil attending a school transferred to the opportunity schools and partnership program who is displaced from his or her residence while enrolled in that school, provide transportation assistance to ensure that the pupil may continue to attend the school.

119.9002(15) (15) Expulsion of pupils. Follow the policies established by the board for the expulsion of pupils from schools transferred to the opportunity schools and partnership program.

119.9002(16) (16) Random selection. If the commissioner or any entity operating and managing a school transferred to the program under this subchapter establishes an application process through which pupils may apply to attend a school transferred to the program under this subchapter, establish and utilize, and ensure that the entity utilizes, a random selection process for the admission of pupils to the school when the number of applicants exceeds the number of seats in the school.

119.9002 History History: 2015 a. 55; 2017 a. 365 s. 111; 2019 a. 185.

119.9003 119.9003 Commissioner; powers.

119.9003(1) (1) Generally. The commissioner may do all things reasonable to promote the cause of education in schools transferred to the opportunity schools and partnership program, including establishing, providing, and improving school district programs, functions, and activities for the benefit of pupils.

119.9003(2) (2) Council; intergovernmental cooperation.

119.9003(2)(a) (a) The commissioner may establish a council to advise the commissioner in the fulfillment of his or her duties under this subchapter.

119.9003(2)(b) (b) The commissioner may enter into a contract for cooperative action with a municipality under s. 66.0301. In this subsection, “municipality” has the meaning given in s. 66.0301 (1).

119.9003(3) (3) Rules. The commissioner may adopt and modify or repeal rules for the operation of the opportunity schools and partnership program and for the organization, discipline, and management of the public schools transferred to the program which shall promote the good order and public usefulness of the public schools.

119.9003(4) (4) Use of vacant and underutilized school buildings; contract with eligible operator.

119.9003(4)(a) (a) In this subsection:

119.9003(4)(a)1. 1. “Education operator” has the meaning given in s. 119.61 (1) (a).

119.9003(4)(a)2. 2. “Underutilized school building” has the meaning given in s. 119.61 (1) (c).

119.9003(4)(b) (b) The commissioner may proceed under s. 119.61 (3) (a) to become an agent of the board on a lease in a vacant or underutilized school building.

119.9003(4)(c) (c) The commissioner may enter into a lease with an education operator to operate a school in a vacant or underutilized school building obtained by the commissioner in the manner provided under s. 119.61 (3) (a). The commissioner shall count a school operated by an education operator under this paragraph towards the limit on schools in the opportunity schools and partnership program under s. 119.9002 (2) (a), but not for purposes of performance benchmarking.

119.9003(5) (5) Participation fee. Beginning in the 2017-18 school year, the commissioner may charge to an individual or group under s. 119.9002 (3) (a), to a person under s. 119.9002 (3) (b), and to a governing body of a private school under s. 119.9002 (3) (c) a fee of up to 3 percent of the per pupil payment paid to the individual or group, person, and governing body under s. 119.9005 (2) to participate in the opportunity schools and partnership program. The fee revenue generated under this subsection may not exceed $750,000 in any given year.