118.40(2r)(c)
(c) An entity under
par. (b) may not establish or enter into a contract for the establishment of a charter school located outside of the school district operating under
ch. 119. A pupil residing within the school district operating under
ch. 119 may attend a charter school established under this subsection only if one of the following applies:
118.40(2r)(c)1.
1. In the previous school year, the pupil was enrolled in the school district operating under
ch. 119.
118.40(2r)(c)2.
2. In the previous school year, the pupil was attending a private school under
s. 119.23.
118.40(2r)(c)3.
3. In the previous school year, the pupil was enrolled in grades kindergarten to 3 in a private school located in the city of Milwaukee other than under
s. 119.23.
118.40(2r)(c)4.
4. In the previous school year, the pupil was not enrolled in school.
118.40(2r)(c)5.
5. In the previous school year, the pupil was enrolled in a charter school under this subsection.
118.40(2r)(d)
(d) The chartering or contracting entity under
par. (b) shall do all of the following:
118.40(2r)(d)1.
1. Ensure that all instructional staff of charter schools under this subsection hold a license or permit to teach issued by the department.
118.40(2r)(e)
(e) From the appropriation under
s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the shared cost per member in the previous school year of the school district operating under
ch. 119 multiplied by the number of pupils attending the charter school. The department shall pay 25% of the total amount in September, 25% in December, 25% in February and 25% in June. The department shall send the check to the operator of the charter school.
118.40(2r)(f)
(f) The department shall annually reduce the aid paid under
s. 121.08 to the board of a school district operating under
ch. 119 by an amount equal to the shared cost per member in the previous school year of the school district operating under
ch. 119 multiplied by the number of pupils attending charter schools under this subsection.
118.40(2r)(g)
(g) The department shall ensure that aid paid to other school districts under
s. 121.08 is neither reduced nor increased as a result of the payments under
par. (e) or the reduction in aid to the board under
par. (f) and that the amount of the aid reduction under
par. (f) lapses to the general fund.
118.40(3)(a)(a) If the school board grants the petition under
sub. (2), 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
subs. (2m) or
(2r) 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 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, and if one or more school boards enter into an agreement with the board of control of a cooperative educational service agency to establish a charter school, the charter school shall be located within the boundaries of the cooperative educational service agency. A school board may not enter into a contract that would result in the conversion of a private, sectarian school to a charter school.
118.40(3)(d)
(d) A school board or an entity under
sub. (2r) (b) 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 or the entity under
sub. (2r) (b) that contracted with the charter school if the school board or, if applicable, the entity under
sub. (2r) (b) finds that any of the following occurred:
118.40(5)(a)
(a) The charter school violated its contract with the school board or the entity under
sub. (2r) (b).
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) Except as provided in
par. (am), the school board of the school district in which a charter school is located shall determine whether or not the charter school is an instrumentality of the school district. If the school board determines that the charter school is an instrumentality of the school district, the school board shall employ all personnel for the charter school. If the school board determines that the charter school is not an instrumentality of the school district, the school board may not employ any personnel for the charter school.
118.40(7)(am)1.1. Except as provided in
subds. 2. and
3., if a charter school is established under
sub. (2m) and located in the school district operating under
ch. 119, the school board of that school district shall determine whether or not the charter school is an instrumentality of the school district. If the school board determines that a charter school is an instrumentality of the school district, the school board shall employ all personnel for the charter school. If the school board determines that a charter school is not an instrumentality of the school district, the school board may not employ any personnel for the charter school.
118.40(7)(am)2.
2. A charter school established under
sub. (2r) or a private school located in the school district operating under
ch. 119 that is converted to a charter school is not an instrumentality of the school district operating under
ch. 119 and the school board of that school district may not employ any personnel for the charter school.
118.40(7)(am)3.
3. Notwithstanding
subd. 2., if the city of Milwaukee contracts with an individual or group operating for profit to operate a school as a charter school, the charter school is an instrumentality of the school district operating under
ch. 119 and the board of the school district operating under
ch. 119 shall employ all personnel for the charter school.
118.40(7)(ar)
(ar) Nothing in this subsection affects the rights of personnel of a charter school that is an instrumentality of the school district in which it is located to engage in collective bargaining pursuant to
subch. IV of ch. 111.
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 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 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.
118.43
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 and 1998-99 school years, 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, 1999.
118.43(3)
(3) Contract requirements. Except as provided in
par. (am), 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)(am)
(am)
Class size; additional contracts. For contracts that begin in the 1998-99 school year, reduce each class size to 15 in the following manner:
118.43(3)(am)1.
1. In the 1998-99 school year, in at least grades kindergarten and one.
118.43(3)(am)2.
2. In the 1999-2000 school year, in at least grades kindergarten to 2.
118.43(3)(am)3.
3. In the 2000-01 to 2002-03 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:
