118.40(2r)(b)2.b.
b. Provisions detailing the corrective measures the charter school governing board will take if the charter school fails to meet performance standards.
118.40(2r)(b)2.c.
c. A provision allowing the governing board to open one or more additional charter schools if all of the charter schools operated by the governing board were assigned to one of the top 2 performance categories in the most recent school and school district accountability report published under
s. 115.385. If the charter school governing board opens one or more additional charter schools, the existing contract applies to the new school or schools unless the parties agree to amend the existing contract or enter into a new contract.
118.40(2r)(b)2.d.
d. The methodology that will be used by the charter school governing board to monitor and verify pupil enrollment, credit accrual, and course completion.
118.40(2r)(b)2.e.
e. A requirement that the entity under
subd. 1. have direct access to pupil data.
118.40(2r)(b)2.f.
f. A description of the administrative relationship between the parties to the contract.
118.40(2r)(b)2.g.
g. A requirement that the charter school governing board hold parent-teacher conferences at least annually.
118.40(2r)(b)2.h.
h. A requirement that if more than one charter school is operated under the contract, the charter school governing board reports to the entity under
subd. 1. on each charter school separately.
118.40(2r)(b)2.i.
i. A requirement that the charter school governing board provide the data needed by the entity under
subd. 1. for purposes of making the report required under sub.
(3m) (a) 6. [
sub. (3m) (f)].
118.40 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
118.40(2r)(b)2.j.
j. A requirement that the charter school governing board participate in any training provided by the entity under
subd. 1.
118.40(2r)(b)2.k.
k. A description of all fees that the entity under
subd. 1. will charge the charter school governing board.
118.40(2r)(b)2m.a.a. A charter or contract may include grounds for expelling a pupil from the charter school.
118.40(2r)(b)2m.b.
b. If the charter or contract includes grounds for expelling a pupil from the charter school as permitted under
subd. 2m. a., the charter or contract shall include the procedures to be followed by the charter school prior to expelling a pupil.
118.40(2r)(b)3.
3. If an entity specified in
subd. 1. a. to
d. was operating a charter school itself immediately prior to July 14, 2015, it may continue to do so.
118.40(2r)(b)4.
4. No chartering or contracting entity under
subd. 1. may establish or enter into a contract for the establishment of a virtual charter school.
118.40(2r)(bm)1.1. The Gateway technical college district board may contract for the establishment of a charter school located only in the Gateway technical college district.
118.40(2r)(bm)2.
2. The county executive of Waukesha County may contract for the establishment of a charter school located only in Waukesha County.
118.40(2r)(c)
(c) Only pupils who reside within the boundaries of the Gateway technical college district or in a county adjacent to the Gateway technical college district may attend a charter school established under a contract with the Gateway technical college district board.
118.40(2r)(cp)
(cp) The Gateway technical college district board may contract for the establishment of a charter school under this section only if the charter school operates only high school grades and provides a curriculum focused on science, technology, engineering, and mathematics, or occupational education and training.
118.40(2r)(cq)
(cq) The sum of the number of charter schools operating under a contract with the college of Menominee Nation and the number of charter schools operating under a contract with the Lac Courte Orielles Ojibwa community college may not exceed 6.
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)(dm)
(dm) The operator of a charter school authorized under this subsection may provide transportation to pupils attending the charter school and may claim transportation aid under
s. 121.58 for pupils so transported.
118.40(2r)(e)2m.2m. In the 2013-14 school year, from the appropriation under
s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to $7,925 multiplied by the number of pupils attending the charter school.
118.40(2r)(e)2n.
2n. In the 2014-15 school year, from the appropriation under
s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to $8,075 multiplied by the number of pupils attending the charter school.
118.40(2r)(e)2p.
2p. In the 2015-16 school year and in each school year thereafter, for a pupil attending a charter school established by or under a contract with an entity under
par. (b) 1. a. to
f., 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 sum of the amount paid per pupil under this paragraph in the previous school year; the amount of the per pupil revenue limit adjustment under
s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, if positive. The change in the statewide categorical aid per pupil shall be determined as follows:
Effective date note
NOTE: Subdpar. a. is shown as amended eff. 7-1-17 by
2015 Wis. Act 55. Prior to 7-1-17 it reads:
118.40 Note
a. Add the amounts appropriated in the current fiscal year under s. 20.255 (2), except s. 20.255 (2) (ac), (bb), (fm), (fr), (fu), (k), and (m); s. 20.285 (1) (r) and (rc); and s. 20.505 (4) (es) and (s).
118.40(2r)(e)2p.b.
b. Add the amounts appropriated in the previous fiscal year under the sections specified in
subd. 2p. a.
118.40(2r)(e)2p.d.
d. Divide the remainder under
subd. 2p. c. by the average of the number of pupils enrolled statewide in the 3 previous school years. In this
subd. 2p. d., “number of pupils enrolled" has the meaning given in
s. 121.90 (1) (intro.) and includes 40 percent of the summer enrollment.
118.40(2r)(e)3m.
3m. The department shall pay 25 percent of the total amount in September, 25 percent in December, 25 percent in February, and 25 percent in June. The department shall send the check to the operator of the charter school.
118.40(2r)(f)1.1. In the 2016-17 school year and in each school year thereafter, for a pupil attending a charter school established under a contract with an entity under
par. (b) 1. g. or
h., 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 per pupil academic base funding the bureau of Indian education in the federal department of the interior provided to tribal schools under
25 CFR 39.1 to
39.1203 in the previous school year.
118.40(2r)(f)2.
2. The department shall pay 25 percent of the total amount due to an operator of a charter school in September, 25 percent in December, 25 percent in February, and 25 percent in June. The department shall send the check to the operator of the charter school.
118.40(2r)(g)1.1. Beginning in the 2016-17 school year, subject to
s. 121.085 (1), the department shall decrease a school district's state aid payment under
s. 121.08 by an amount calculated as follows:
118.40(2r)(g)1.a.
a. Determine the number of pupils residing in the school district for whom a payment is made under
par. (e) to an operator of a charter school established under contract with an entity under
par. (b) 1. e. or
f. in that school year.
118.40(2r)(g)1.c.
c. Determine the number of pupils residing in the school district for whom a payment is made under
par. (f) in that school year.
118.40(2r)(g)1.d.
d. Multiply the number of pupils under
subd. 1. c. by the per pupil amount calculated under
par. (f) 1. for that school year.
118.40(2r)(g)2.
2. If a school district's state aid payment under
s. 121.08 is insufficient to cover the reduction under
subd. 1., as determined under
s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.
118.40(2r)(g)3.
3. The department shall ensure that the decrease under
subd. 1. does not affect the amount determined to be received by a school district as state aid under
s. 121.08 for any other purpose.
118.40(2r)(h)
(h) A charter school established under this subsection is a local educational agency under
20 USC 6301 to
6578 and as such is eligible for funding as a local educational agency, and shall comply with all requirements of local educational agencies, under
20 USC 6301 to
6578.
118.40(2x)
(2x) Office of educational opportunity. 118.40(2x)(a)1.
1. “Director" means the special assistant to the president of the University of Wisconsin System appointed under
s. 36.09 (2) (c).
118.40(2x)(a)3.
3. “Resident school board" means the school board of the school district in which a pupil resides.
118.40(2x)(b)1.1. The director may contract with a person to operate a charter school.
118.40(2x)(b)2.
2. A contract to operate a charter school shall include all of the provisions specified under
sub. (1m) (b) 1. to
14. and shall specify the effect of the establishment of the charter school on the liability of the University of Wisconsin System under this paragraph. The contract shall also include all of the following provisions and may include other provisions agreed to by the parties:
118.40(2x)(b)2.a.
a. A requirement that the charter school governing board adhere to specified annual academic and operational performance standards developed in accordance with the performance framework of the person with which it is contracting.
118.40(2x)(b)2.b.
b. Provisions detailing the corrective measures the charter school governing board will take if the charter school fails to meet performance standards.
118.40(2x)(b)2.d.
d. The methodology that will be used by the charter school governing board to monitor and verify pupil enrollment, credit accrual and course completion.
118.40(2x)(b)2.e.
e. A requirement that the director have direct access to pupil data.
118.40(2x)(b)2.f.
f. A description of the administrative relationship between the parties to the contract.
118.40(2x)(b)2.g.
g. A requirement that the charter school governing board hold parent-teacher conferences at least annually.
118.40(2x)(b)2.h.
h. A requirement that if more than one charter school is operated under the contract, the charter school governing board reports to the director on each charter school separately.
118.40(2x)(b)2.i.
i. A requirement that the charter school governing board provide the data needed by the director for purposes of making the report required under
sub. (3m) (f).
118.40(2x)(b)2.j.
j. A requirement that the charter school governing board participate in any training provided by the director.
118.40(2x)(b)2.k.
k. A description of all fees that the director will charge the charter school governing board.
118.40(2x)(b)3.a.a. A contract may include grounds for expelling a pupil from the charter school.
118.40(2x)(b)3.b.
b. If the contract includes grounds for expelling a pupil from the charter school as permitted under
subd. 3. a., the contract shall include the procedures to be followed by the charter school prior to expelling a pupil.
118.40(2x)(b)4.
4. The director may not contract for the establishment of a virtual charter school.
118.40(2x)(c)
(c) The director may contract for the establishment of a charter school located only in a school district whose membership, as defined in
s. 121.004 (5), is more than 25,000 pupils.
118.40(2x)(d)1.
1. Ensure that all instructional staff of charter schools established under this subsection hold a license or permit to teach issued by the department.
118.40(2x)(e)1.1. Beginning in the 2016-17 school year, from the appropriation under
s. 20.255 (2) (fp), for each pupil attending a charter school established under this subsection, the department shall pay to the operator of a charter school established under this subsection an amount equal to the per pupil amount paid to an operator of a charter school under
sub. (2r) (e) in that school year.
118.40(2x)(e)2.
2. The department shall pay 25 percent of the total amount in September, 25 percent in December, 25 percent in February, and 25 percent in June. The department shall send the check to the operator of the charter school.
118.40(2x)(f)1.1. Beginning in the 2016-17 school year, subject to
s. 121.085 (1), the department shall decrease a school district's state aid payment under
s. 121.08 by an amount calculated as follows:
118.40(2x)(f)1.a.
a. Determine the number of pupils residing in the school district for whom a payment is made under
par. (e) 1. in that school year.
118.40(2x)(f)1.b.
b. Multiply the number of pupils under
subd. 1. a. by the per pupil amount calculated under
par. (e) 1. for that school year.
118.40(2x)(f)2.
2. If a school district's state aid payment under
s. 121.08 is insufficient to cover the reduction under
subd. 1., as determined under
s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.
118.40(2x)(f)3.
3. The department shall ensure that the decrease under
subd. 1. does not affect the amount determined to be received by a school district as state aid under
s. 121.08 for any other purpose.
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
sub. (2m),
(2r), or
(2x) 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.
