Effective date text
(9) Rules. The state superintendent shall promulgate rules to implement and administer this section, including rules establishing criteria for determining reimbursement amounts under sub. (7g).
118.38
118.38
Waivers of laws and rules. 118.38(1)(a)(a) A school board may request the department to waive any school board or school district requirement in
chs. 115 to
121 or in the administrative rules promulgated by the department under the authority of those chapters, except for statutes or rules related to any of the following:
118.38(1)(a)7.
7. Licensure or certification under
s. 115.28 (7) or
(7m) other than the licensure of the school district administrator or business manager.
118.38(1)(b)
(b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.
118.38(1m)
(1m) The school board shall specify in its request for a waiver its reason for requesting the waiver.
118.38(2)
(2) In determining whether to grant the waiver, the department shall consider all of the following factors and may consider additional factors:
118.38(2)(a)
(a) Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of
P.L. 103-227.
118.38(2)(b)
(b) If the school board has adopted educational goals for the school district, whether the requirement impedes progress toward achieving the goals.
118.38(2m)
(2m) Beginning on January 1, 1996, a school board shall submit a request for a waiver to the secretary. If the secretary denies a waiver, the school board may, within 30 days after the denial, appeal the denial to the commission. The commission shall issue a decision on the appeal within 30 days after receiving the appeal.
118.38(3)
(3) A waiver is effective for 4 years. The secretary shall renew the waiver for additional 4-year periods if the school board has evaluated the educational and financial effects of the waiver over the previous 4-year period, except that the secretary is not required to renew a waiver if the secretary determines that the school district is not making adequate progress toward improving pupil academic performance.
118.38(4)
(4) By July 1, 2000, the department shall submit a report to the governor, and to the appropriate standing committees of the legislature under
s. 13.172 (3). The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request and the educational and financial effects on the school district of each waiver that was granted.
118.38 History
History: 1995 a. 27.
118.40
118.40
Charter schools. 118.40(1)(1)
Notice to department. Whenever a school board intends to establish a charter school, it shall notify the department of its intention. The notice shall include a description of the proposed school.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27, s.
9145 (1). The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27, s. 9145 (1), it read:
Effective date text
(1) Notice to state superintendent. Whenever a school board intends to establish a charter school, it shall notify the state superintendent of its intention. The notice shall include a description of the proposed school.
118.40(1m)(a)(a) A written petition requesting the school board to establish a charter school under this section may be filed with the school district clerk. The petition shall be signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school of the school district.
118.40(1m)(b)
(b) The petition shall include all of the following:
118.40(1m)(b)1.
1. The name of the person who is seeking to establish the charter school.
118.40(1m)(b)2.
2. The name of the person who will be in charge of the charter school and the manner in which administrative services will be provided.
118.40(1m)(b)4.
4. The methods the school will use to enable pupils to attain the educational goals under
s. 118.01.
118.40(1m)(b)5.
5. The method by which pupil progress in attaining the educational goals under
s. 118.01 will be measured.
118.40(1m)(b)6.
6. The governance structure of the school, including the method to be followed by the school to ensure parental involvement.
118.40(1m)(b)8.
8. The procedures that the school will follow to ensure the health and safety of the pupils.
118.40(1m)(b)9.
9. The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the school district population.
118.40(1m)(b)11.
11. The manner in which annual audits of the financial and programmatic operations of the school will be performed.
118.40(1m)(b)13.
13. The public school alternatives for pupils who reside in the school district and do not wish to attend or are not admitted to the charter school.
118.40(1m)(b)14.
14. A description of the school facilities and the types and limits of the liability insurance that the school will carry.
118.40(1m)(b)15.
15. The effect of the establishment of the charter school on the liability of the school district.
118.40(2)
(2) Public hearing; granting of petition. 118.40(2)(a)(a) Within 30 days after receiving a petition under
sub. (1m) the school board shall hold a public hearing on the petition. At the hearing, the school board shall consider the level of employe and parental support for the establishment of the charter school described in the petition. After the hearing, the school board may grant the petition.
118.40(2)(b)
(b) A school board may grant a petition that would result in the conversion of all of the public schools in the school district to charter schools if all of the following apply:
118.40(2)(b)1.
1. At least 50% of the teachers employed by the school district sign the petition.
118.40(2)(b)2.
2. The school board provides alternative public school attendance arrangements for pupils who do not wish to attend or are not admitted to a charter school.
118.40(2)(c)
(c) The school board of the school district operating under
ch. 119 shall either grant or deny the petition within 30 days after the public hearing. If the school board of the school district operating under
ch. 119 denies a petition, the person seeking to establish the charter school may, within 30 days after the denial, appeal the denial to the department. The department shall issue a decision within 30 days after receiving the appeal. The department's decision is final and not subject to judicial review under
ch. 227.
118.40(2m)(a)(a) A school board may on its own initiative contract with an individual or group to operate a school as a charter school. The contract shall include all of the provisions specified under
sub. (1m) (b) and may include other provisions agreed to by the parties.
118.40(2m)(b)
(b) A school board may not enter into a contract under
par. (a) that would result in the conversion of all of the public schools in the school district to charter schools unless the school board complies with
sub. (2) (b) 2.
118.40(3)(a)(a) If the school board grants the petition under
sub. (2) (a), the school board shall contract with the person named in the petition under
sub. (1m) (b) 1. to operate the school as a charter school under this section. The contract shall include all of the provisions specified in the petition and may include other provisions agreed to by the parties.
118.40(3)(b)
(b) A contract under
par. (a) or under
sub. (2m) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid by the school board to the charter school during each school year of the contract.
118.40(3)(c)
(c) A school board may not enter into a contract for the establishment of a charter school located outside the school district, except that if 2 or more school boards enter into an agreement under
s. 66.30 to establish a charter school, the charter school shall be located within one of the school districts. A school board, other than the school board of the school district operating under
ch. 119, may not enter into a contract that would result in the conversion of a private school to a charter school.
118.40(3)(d)
(d) A school board shall 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).
118.40(4)
(4) Charter school duties and restrictions. 118.40(4)(a)(a)
Duties. A charter school shall do all of the following:
118.40(4)(a)1.
1. If the charter school replaces a public school in whole or in part, give preference in admission to any pupil who resides within the attendance area or former attendance area of that public school.
118.40(4)(a)2.
2. Be nonsectarian in its programs, admissions policies, employment practices and all other operations.
118.40(4)(b)
(b)
Restrictions. A charter school may not do any of the following:
118.40(4)(b)2.
2. 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.
118.40(5)
(5) Charter revocation. A charter may be revoked by the school board that contracted with the charter school if the school board finds that any of the following occurred:
118.40(5)(a)
(a) The charter school violated its contract with the school board.
118.40(5)(b)
(b) The pupils enrolled in the charter school failed to make sufficient progress toward attaining the educational goals under
s. 118.01.
118.40(5)(c)
(c) The charter school failed to comply with generally accepted accounting standards of fiscal management.
118.40(6)
(6) Program voluntary. No pupil may be required to attend a charter school without his or her approval, if the pupil is an adult, or the approval of his or her parents or legal guardian, if the pupil is a minor.
118.40(7)
(7) Legal status; applicability of school laws. 118.40(7)(a)(a) A charter school is an instrumentality of the school district in which it is located and the school board of that school district shall employ all personnel for the charter school. This paragraph does not apply to charter schools located in the school district operating under
ch. 119.
118.40(7)(b)
(b) Except as otherwise explicitly provided,
chs. 115 to
121 do not apply to charter schools.
118.40(8)
(8) Audit. The joint legislative audit committee may direct the legislative audit bureau to perform a financial and performance evaluation audit of the charter school program under this section. The legislative audit bureau shall file its report as provided under
s. 13.94 (1) (b) by January 1, 2000.
118.42
118.42
Youth village program. 118.42(1)
(1) A nonprofit corporation may apply to the department for a grant to partially fund the costs of planning, developing and operating a youth village program that complies with all of the following:
Effective date note
NOTE: Sub. (1) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) A nonprofit corporation may apply to the state superintendent for a grant to partially fund the costs of planning, developing and operating a youth village program that complies with all of the following:
118.42(1)(a)
(a) The program is designed to begin operating by July 1, 1996.
118.42(1)(b)
(b) The program is designed to provide an alternative education experience for pupils whose home or social environment seriously interferes with their educational progress and who are functioning below their grade level in basic academic skills, are behind in academic credits for their grade level or have a record of poor grades or attendance problems.
118.42(1)(c)
(c) The program is designed to be residential and to provide occupational training, academic instruction and personal support services.
118.42(1)(d)
(d) The program is designed to be established in cooperation with a school board and a county department of social services or human services.
118.42(2)(a)(a) The department shall review the applications and determine which of the applicants shall receive the grant.
Effective date note
NOTE: Par. (a) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(a) The state superintendent shall review the applications and determine which of the applicants shall receive the grant.
118.42(2)(b)
(b) Notwithstanding
sub. (1), up to $150,000 of the amount awarded each school year may be used by the grant recipient for acquisition or renovation, or both, of a facility for the program if the grant recipient contributes an equal amount for that purpose from other sources.
118.42(3)
(3) Any school board may contract with the grant recipient for the participation of pupils enrolled in the school district in the program. No pupil may be required to participate in the program without his or her approval, if the pupil is an adult, or the approval of his or her parents or legal guardian, if the pupil is a minor.
