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.
118.42 History
History: 1993 a. 377;
1995 a. 27 s.
9145 (1).
118.43
118.43
Achievement guarantee contracts; state aid. 118.43(1)(a)
(a) "Class size" means the number of pupils assigned to a regular classroom teacher on the 3rd Friday of September.
118.43(1)(b)
(b) "Low income" means the measure of low income that is used by the school district under
20 USC 2723.
118.43(2)(a)(a) The school board of any school district in which a school in the previous school year had an enrollment that was at least 50% low-income is eligible to participate in the program under this section.
118.43(2)(b)
(b) In the 1996-97 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one school in the school district if all of the following apply:
118.43(2)(b)1.
1. In the previous school year, the school had an enrollment that was at least 30% low-income.
118.43(2)(b)2.
2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of the school under
s. 115.45.
118.43(2)(c)
(c) Notwithstanding
par. (b), the school board of the school district operating under
ch. 119 may enter into an achievement guarantee contract on behalf of up to 10 schools.
118.43(2)(d)
(d) If an eligible school district has more than one school that qualifies under
par. (b), the school board shall apply on behalf of the school with the largest number of low-income pupils in grades kindergarten and one.
118.43(2)(e)1.1. If the school board of an eligible school district does not enter into an achievement guarantee contract with the department, a school board that has entered into such a contract, other than the school board of the school district operating under
ch. 119, may apply to the department to enter into such a contract on behalf of one additional school that meets the requirements under
par. (b).
118.43(2)(e)2.
2. If more than one school board applies under
subd. 1., the department shall determine which school board to contract with based on the number of low-income pupils in grades kindergarten and one enrolled in the schools and on the balance of rural and urban school districts currently participating in the program.
118.43(2)(f)
(f) The department may not enter into an achievement guarantee contract with a school board on behalf of a school after June 30, 1997.
118.43(3)
(3) Contract requirements. An achievement guarantee contract shall require the school board to do all of the following in each participating school:
118.43(3)(a)
(a) Class size. Reduce each class size to 15 in the following manner:
118.43(3)(a)1.
1. In the 1996-97 school year, in at least grades kindergarten and one.
118.43(3)(a)2.
2. In the 1997-98 school year, in at least grades kindergarten to 2.
118.43(3)(a)3.
3. In the 1998-99 to 2000-01 school years, in at least grades kindergarten to 3.
118.43(3)(b)1.1. Keep the school open every day from early in the morning until late in the day, as specified in the contract.
118.43(3)(b)2.
2. Collaborate with community organizations to make educational and recreational opportunities, as well as a variety of community and social services, available in the school to all school district residents.
118.43(3)(c)1.1. Provide a rigorous academic curriculum designed to improve pupil academic achievement.
118.43(3)(c)2.
2. In consultation with the department and with the participation of the school's teachers and administrators and school district residents, review the school's current curriculum to determine how well it promotes pupil academic achievement.
118.43(3)(c)3.
3. If necessary, outline any changes to the curriculum to improve pupil academic achievement.
118.43(3)(d)1.1. Develop a one-year program for all newly hired employes that helps them make the transition from their previous employment or school to their current employment.
118.43(3)(d)3.
3. Require that each teacher and administrator submit to the school board a professional development plan that focuses on how the individual will help improve pupil academic achievement. The plan shall include a method by which the individual will receive evaluations on the success of his or her efforts from a variety of sources.
118.43(3)(d)4.
4. Regularly review staff development plans to determine if they are effective in helping to improve pupil academic achievement.
118.43(3)(d)5.
5. Establish an evaluation process for professional staff members that does all of the following:
118.43(3)(d)5.c.
c. Includes a support plan that provides opportunities to learn and improve.
118.43(3)(d)5.d.
d. Systematically documents performance in accordance with the plan.
118.43(3)(d)5.e.
e. Allows professional staff members to comment on and contribute to revisions in the evaluation process.
118.43(3)(d)5.f.
f. Provides for the dismissal of professional staff members whose failure to learn and improve has been documented over a 2-year period.
118.43(4)
(4) Other contract provisions. Each achievement guarantee contract shall include all of the following:
118.43(4)(a)
(a) A description of how the school will implement each of the elements under
sub. (3), including any alternative class configurations for specific educational activities that may be used to meet the class size requirement under
sub. (3) (a).
118.43(4)(b)
(b) A description of the method that the school district will use to evaluate the academic achievement of the pupils enrolled in the school.
118.43(4)(c)
(c) A description of the school's performance objectives for the academic achievement of the pupils enrolled in the school and the means that will be used to evaluate success in attaining the objectives. Performance objectives shall include all of the following:
118.43(4)(c)2.
2. The attainment of any educational goals adopted by the school board.
118.43(4)(c)3.
3. Professional development with the objective of improving pupil academic achievement.
118.43(4)(c)4.
4. Methods by which the school involves pupils, parents or guardians of pupils and other school district residents in decisions affecting the school.
118.43(4)(d)
(d) A description of any statute or rule that is waived under
s. 118.38 if the waiver is related to the contract.
118.43(4)(e)
(e) A description of the means by which the department will monitor compliance with the terms of the contract.
118.43(5)(a)(a) At the end of the 1996-97 school year, the department may terminate a contract if the department determines that the school board has failed to fully implement the provisions under
sub. (3).
118.43(5)(b)
(b) At the end of the 1997-98, 1998-99 and 1999-2000 school years, a committee consisting of the state superintendent, the chairpersons of the education committees in the senate and assembly and the individual chiefly responsible for the evaluation under
sub. (7) shall review the progress made by each school for which an achievement guarantee contract has been entered into. The committee may recommend to the department that the department terminate a contract if the committee determines that the school board has violated the contract or if the school has made insufficient progress toward achieving its performance objectives under
sub. (4) (c). The department may terminate the contract if it agrees with the committee's recommendation.
118.43(6)(a)(a) In this subsection, "amount appropriated" means the amount appropriated under
s. 20.255 (2) (cu) in any fiscal year less $250,000.
118.43(6)(b)
(b) From the appropriation under
s. 20.255 (2) (cu), subject to
par. (c), the department shall pay to each school district that has entered into a contract with the department under this section an amount determined as follows:
118.43(6)(b)1.
1. In the 1996-97 school year, divide the amount appropriated by the number of low-income pupils enrolled in grades kindergarten and one in each school in this state covered by contracts under this section and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
118.43(6)(b)2.
2. In the 1997-98 school year, divide the amount appropriated by the number of low-income pupils enrolled in grades kindergarten to 2 in each school in this state covered by contracts under this section and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
118.43(6)(b)3.
3. In the 1998-99, 1999-2000 and 2000-01 school years, divide the amount appropriated by the number of low-income pupils enrolled in grades kindergarten to 3 in each school in this state covered by contracts under this section and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
118.43(6)(c)
(c) The amount paid to a school district in any school year under
par. (b) may not exceed an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under this section.
118.43(6)(d)
(d) The school board shall use the aid under this section to satisfy the terms of the contract.
118.43(6)(e)
(e) The department shall cease payments under this section to any school district if the school board withdraws from the contract before the expiration of the contract.
118.43(7)
(7) Evaluation. Beginning in the 1996-97 school year, the department shall arrange for an evaluation of the program under this section and shall allocate from the appropriation under
s. 20.255 (2) (cu) $250,000 for that purpose.
118.43 History
History: 1995 a. 27.
118.45
118.45
Tests for alcohol use. A school board employe or agent, or law enforcement officer, as defined in
s. 102.475 (8) (c), authorized by a public school board may require a public school pupil, including a charter school pupil, to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil's breath whenever the authorized employe, agent or officer has reasonable suspicion that the pupil is under the influence of alcohol while the pupil is in any of the circumstances listed in
s. 125.09 (2) (b) 1. to
3. The authorized employe, agent or officer shall use a breath screening device approved by the department of transportation for the purpose of determining the presence of alcohol in a person's breath to determine if alcohol is present in the pupil's breath. The results of the breath screening device or the fact that a pupil refused to submit to breath testing shall be made available for use in any hearing or proceeding regarding the discipline, suspension or expulsion of a student due to alcohol use. No school board may require a pupil to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil's breath until the school board has adopted written policies regarding disciplines or treatments that will result from being under the influence of alcohol while on school premises or from refusing to submit to breath testing to determine the presence of alcohol in the pupil's breath.
118.45 History
History: 1995 a. 327.
