118.40(8)(h)1.1. Subject to
subds. 3. and
4., beginning in the 2009-10 school year, the total number of pupils attending virtual charter schools through the open enrollment program under
s. 118.51 in any school year may not exceed 5,250.
118.40(8)(h)2.
2. By the first Friday following the first Monday in April, the governing body of each virtual charter school shall report to the department all of the following:
118.40(8)(h)2.a.
a. The number of pupils who have initially applied and been accepted to attend the virtual charter school through the open enrollment program under
s. 118.51.
118.40(8)(h)2.b.
b. The number of pupils attending the virtual charter school through the open enrollment program under
s. 118.51 in the current school year who are expected to continue attending a virtual charter school through the open enrollment program under
s. 118.51 in the succeeding school year.
118.40(8)(h)2m.
2m. If the department determines that the sum of the pupils reported under
subd. 2. a. and
b. by all virtual charter schools is no more than the limit under
subd. 1., the department shall notify the virtual charter schools that all pupils reported under
subd. 2. a. and
b. may attend virtual charter schools in the succeeding school year. If the department determines that the sum of the pupils reported under
subd. 2. a. and
b. by all virtual charter schools is more than the limit under
subd. 1., the department shall calculate the sum of pupils reported under
subd. 2. b. by all virtual charter schools.
118.40(8)(h)3.
3. If the department determines under
subd. 2m. that the sum of the pupils reported under
subd. 2. b. by all virtual charter schools is equal to or greater than the limit allowed under
subd. 1., the department shall notify the virtual charter schools that all pupils reported under
subd. 2. b. and
c. may attend virtual charter schools in the succeeding school year notwithstanding the limit under
subd. 1., but that no other pupils reported under
subd. 2. a. may do so.
118.40(8)(h)4.
4. If the department determines under
subd. 2m. that the sum of the pupils reported under
subd. 2. b. by all virtual charter schools is less than the limit allowed under
subd. 1., the department shall add to the sum the number of pupils reported under
subd. 2. c. for all virtual charter schools. If the new sum is equal to or greater than the limit allowed under
subd. 1., the department shall notify the virtual charter schools that all pupils reported under
subd. 2. b. and
c. may attend virtual charter schools in the succeeding school year notwithstanding the limit under
subd. 1., but that no other pupils reported under
subd. 2. a. may do so, except as provided in
subd. 5. If the new sum is less than the limit allowed under
subd. 1., the department shall notify the virtual charter schools that all pupils reported by the virtual charter schools under
subd. 2. b. and
c. may attend virtual charter schools in the succeeding school year. The department shall select pupils for the remaining available spaces on a random basis from the pupils reported by the virtual charter schools under
subd. 2. a. and shall notify the virtual charter schools of the selections.
118.40(8)(h)4m.
4m. In performing the calculations under
subds. 2m. to
4., the department shall count a pupil who has applied to more than one virtual charter school only once.
118.40(8)(h)5.
5. The department shall maintain a waiting list for those pupils not selected at random under
subd. 4. Each virtual charter school shall notify the department whenever it determines that a pupil determined to be eligible to attend the virtual charter school under
subd. 4. will not be attending the virtual charter school. The department shall select pupils on a random basis from the waiting list to fill the newly available spaces.
118.40 History
History: 1993 a. 16,
490;
1995 a. 27 ss.
3983m to
3992m,
9145 (1);
1997 a. 27,
238,
252;
1999 a. 9;
1999 a. 150 s.
672;
2001 a. 16,
105;
2003 a. 33,
156;
2005 a. 25,
111,
346;
2007 a. 222;
2009 a. 28,
61,
276.
118.40 Annotation
A public school district did not violate the equal protection clause of the U.S. constitution by refusing to bus the students of a charter school created under sub. (2r) located within its geographical boundaries. Racine Charter One, Inc. v. Racine Unified School District,
424 F.3d 677 (2005).
118.42
118.42
Low-performing school districts and schools; state superintendent interventions. 118.42(1)
(1) If the state superintendent determines that a school district has been in need of improvement for 4 consecutive school years, the school board shall do all of the following:
118.42(1)(a)
(a) Employ a standard, consistent, research-based curriculum that is aligned with the state's model academic standards, as determined by the state superintendent, and across grades in all schools.
118.42(1)(b)
(b) Use pupil academic performance data, including data indicating improvement in pupil academic achievement and English language acquisition, to differentiate instruction to meet individual pupil needs. To the extent practicable, the school board shall assess pupils in the language and form most likely to yield accurate data.
118.42(1)(c)
(c) Implement for all pupils a system of academic and behavioral supports and early interventions, including diagnostic assessments, instruction in core academic subjects, different instructional strategies for different pupils, and strategies to improve reading and mathematics instruction and promote positive behavior.
118.42(1)(d)
(d) Provide additional learning time to address the academic needs of pupils who are struggling academically, including pupils whose proficiency in English is limited. The additional learning time may include an extended school day, an extended school year, summer school, or intersession courses.
118.42(2)
(2) If the state superintendent determines that a public school was in the lowest performing 5 percent of all public schools in the state in the previous school year and is located in a school district that has been in need of improvement for 4 consecutive school years, the school board shall do all of the following in the school:
118.42(2)(a)
(a) Use rigorous and equitable performance evaluation systems for teachers and principals that include all of the following:
118.42(2)(a)1.
1. Annual performance evaluations; multiple rating categories; multiple rating criteria, including improvement in pupil academic achievement as a significant factor; observation-based performance assessments; and an up-to-date collection of professional practice materials. The school board shall ensure that improvement in pupil academic achievement is based on at least 2 measures.
118.42(2)(a)2.
2. A method of identifying mitigating factors, such as a high rate of pupil mobility, large class size, insufficient preparation time, insufficient paraprofessional support, insufficient professional development, and insufficient resources or support, that could affect a teacher's or principal's performance.
118.42(2)(b)
(b) Adopt a policy establishing criteria for evaluating whether the distribution of teachers and principals within the affected schools relative to the distribution of teachers and principals throughout the school district, based upon their qualifications and effectiveness, is equitable. Using the criteria, the school board shall determine whether the distribution of principals and teachers is equitable. If the school board determines that the distribution is inequitable, the school board shall do all of the following:
118.42(2)(b)1.
1. Perform a comprehensive review of current policies and constraints that prevent low-performing schools from recruiting, placing, and retaining effective teachers and principals, and implement strategies to eliminate those policies and constraints.
118.42(2)(b)2.
2. Provide additional support to teachers and principals, which may include professional development that is incorporated into their work and tuition reimbursement for courses related to their professional duties.
118.42(2)(c)
(c) Establish teacher and principal improvement programs that include all of the following:
118.42(2)(c)1.
1. Supplemental mentoring for those with emergency licenses or permits.
118.42(2)(c)2.
2. Opportunities to pursue other professional certifications, including certification by the National Board for Professional Teaching Standards.
118.42(2)(c)3.
3. Annually, at least 60 hours of professional development that is incorporated into their work. The school board shall consult with teachers and principals on the content of the professional development.
118.42(2)(c)4.
4. A joint labor-management program designed to objectively identify teachers and principals who demonstrate serious performance deficiencies and provide them with opportunities for improvement, including weekly observation, mentoring, ongoing conferences, modeling, and professional development. The school board shall offer career counseling and other career transition benefits to those teachers and principals who continue to demonstrate performance deficiencies.
118.42(2)(d)
(d) Adopt placement criteria for principals that include performance evaluations and measures of pupil academic achievement.
118.42(3)(a)(a) If the state superintendent determines that a school district has been in need of improvement for 4 consecutive school years, the state superintendent may, after consulting with the school board, the school district superintendent, and representatives of each labor organization representing school district employees, direct the school board to do one or more of the following in the school district:
118.42(3)(a)2.
2. Implement a new or modified instructional design, which may include expanded school hours or additional pupil supports and services.
118.42(3)(a)3.
3. Implement professional development programs that focus on improving pupil academic achievement.
118.42(3)(a)4.
4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements.
118.42(3)(a)5.
5. Adopt accountability measures to monitor the school district's finances or to monitor other interventions directed by the state superintendent under
subds. 1. to
4.
118.42(3)(b)
(b) If the state superintendent determines that a public school is located in a school district that has been in need of improvement for 4 consecutive school years, and that the school has been in need of improvement for 5 consecutive school years or was among the lowest performing 5 percent of all public schools in the state in the previous school year, the state superintendent may, after consulting with the school board, the school district superintendent, and representatives of each labor organization representing school district employees, direct the school board to do one or more of the following in the school:
118.42(3)(b)1.
1. Implement a new or modified instructional design, which may include expanded school hours or additional pupil supports and services.
118.42(3)(b)2.
2. Create a school improvement council consisting of the state superintendent or his or her designee, the school district or school board president or his or her designee, the school district administrator or his or her designee, the school principal or his or her designee, and representatives of each labor organization representing school district employees, to make recommendations to the state superintendent regarding improving the school.
118.42(3)(c)1.1. If the state superintendent issues a directive under
par. (a) or
(b), he or she shall do all of the following:
118.42(3)(c)1.a.
a. Notify the legislature's education committees under
s. 13.172 (3) and each legislator whose legislative district includes any portion of the school district.
118.42(3)(c)1.b.
b. Provide a system of support and improvement, including technical assistance, to the school board.
118.42(3)(c)2.
2. If a school board receives a directive from the state superintendent under
par. (a) or
(b), the school board shall seek input from school district staff, parents, and community leaders on implementing the directive.
118.42(4)
(4) The state superintendent shall promulgate rules establishing criteria and procedures for determining whether a school or school district is in need of improvement and whether a school is among the lowest performing 5 percent of all public schools in the state, for the purposes of this section.
118.42(5)
(5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement.
118.42 History
History: 2009 a. 215,
301.
118.42 Cross-reference
Cross-reference: See also ch.
PI 43, Wis. adm. code.
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, except that a school board is eligible to participate in the program under this section in the 2000-01 school year if in the 1998-99 school year a school in the school district had an enrollment that was at least 0% low-income.
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)(bg)
(bg) In the 1998-99 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)(bg)1.
1. In the previous school year, the school had an enrollment that was at least 30% low-income.
118.43(2)(bg)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)(br)
(br) In the 2000-01 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 or more schools in the school district if all of the following apply:
118.43(2)(br)2.
2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of any of the schools under
s. 115.45.
118.43(2)(br)3.
3. The school board, if eligible to participate in the program under this section in the 1996-97 and 1998-99 school years, had participated in the program during either school year.
118.43(2)(br)4.
4. None of the schools is a beneficiary of a contract under this section.
118.43(2)(bt)
(bt) In the 2010-11 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 or more schools in the school district if all of the following apply:
118.43(2)(bt)1.
1. In the previous school year, each school had an enrollment that was at least 30 percent low income.
118.43(2)(bt)2.
2. The school board is not receiving a grant under the preschool to grade 5 program on behalf of any of the schools under
s. 115.45.
118.43(2)(bt)3.
3. None of the schools is a beneficiary of a contract under this section.
118.43(2)(c)
(c) Notwithstanding
pars. (b) and
(bg), 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 under
par. (b) and up to 10 schools under
par. (bg).
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 or more schools that meet the requirements under
par. (b),
(bg) or
(br).
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)(g)
(g) The department may renew an achievement guarantee contract under
pars. (b),
(bg),
(br), and
(bt) for one or more terms of 5 school years. Except as provided in
sub. (3m), as a condition of receiving payments under a renewal of an achievement guarantee contract, a school board shall maintain the reduction of class size achieved during the last school year of the original achievement guarantee contract for the grades specified for the last school year of the contract.
118.43(3)
(3) Contract requirements. Except as provided in
pars. (am),
(ar), and
(at), 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)(ar)
(ar)
Class size; additional contracts. For contracts that begin in the 2000-01 school year, reduce each class size to 15 in the following manner:
118.43(3)(ar)1.
1. In the 2000-01 school year, in at least grades kindergarten and one.
118.43(3)(ar)2.
2. In the 2001-02 school year, in at least grades kindergarten to 2.
118.43(3)(ar)3.
3. In the 2002-03 to 2004-05 school years, in at least grades kindergarten to 3.
