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.
118.40(3)(c)1.1. A school board may not enter into a contract for the establishment of a charter school located outside the school district, except as follows:
118.40(3)(c)1.a.
a. If 2 or more school boards enter into an agreement under
s. 66.0301 to establish a charter school, the charter school shall be located within one of the school districts.
118.40(3)(c)1.b.
b. 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.
118.40(3)(c)1.c.
c. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the charter school shall be located within the school district or within the boundaries of the tribe's or band's reservation.
118.40(3)(c)1m.
1m. Subdivision 1. does not apply to the establishment of a virtual charter school.
118.40(3)(c)2.
2. 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)(f)
(f) A contract with a school board, an entity under
sub. (2r) (b), or the director under
sub. (2x) may provide for the establishment of more than one charter school, and a charter school governing board may enter into more than one contract with a school board, an entity under
sub. (2r) (b), or the director under
sub. (2x).
118.40(3)(g)1.1. Except as provided in
subds. 2. and
3. and
sub. (4) (ar) 1., a contract with a school board, an entity under
sub. (2r) (b), or the director under
sub. (2x) shall require that if the capacity of the charter school is insufficient to accept all pupils who apply, the charter school shall accept pupils at random.
118.40(3)(g)2.
2. A charter school shall give preference in enrollment to pupils who were enrolled in the charter school in the previous school year and to siblings of pupils who are enrolled in the charter school.
118.40(3)(g)3.
3. A charter school may give preference in enrollment to the children of the charter school's founders, governing board members, and full-time employees, but the total number of such children given preference may constitute no more than 10 percent of the charter school's total enrollment.
118.40(3)(h)
(h) A school board, an entity under
sub. (2r), or the director under
sub. (2x) may contract for the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board, entity under
sub. (2r), or the director under
sub. (2x) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.
118.40(3m)
(3m) Authorizing entity duties. A school board, an entity under
sub. (2r) (b), and the director under
sub. (2x) shall do all of the following:
118.40(3m)(a)
(a) Solicit and evaluate charter school applications.
118.40(3m)(b)
(b) When contracting for the establishment of a charter school under this section, adhere to the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.
118.40(3m)(c)
(c) 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(3m)(d)
(d) Approve only high-quality charter school applications that meet identified educational needs and promote a diversity of educational choices.
118.40(3m)(e)
(e) In accordance with the terms of each charter school contract, monitor the performance and compliance with this section of each charter school with which it contracts.
118.40(3m)(f)
(f) Annually, submit to the state superintendent and to the legislature under
s. 13.172 (2) a report that includes all of the following:
118.40(3m)(f)1.
1. An identification of each charter school operating under contract with it, each charter school that operated under a contract with it but had its contract nonrenewed or revoked or that closed, and each charter school under contract with it that has not yet begun to operate.
118.40(3m)(f)2.
2. The academic and financial performance of each charter school operated under contract with it.
118.40(3m)(f)3.
3. The operating costs the school board, entity under
sub. (2r) (b), or director under
sub. (2x) incurred under
pars. (a) to
(e), detailed in an audited financial statement prepared in accordance with generally accepted accounting principles.
118.40(3m)(f)4.
4. The services the school board, entity under
sub. (2r) (b), or director under
sub. (2x) provided to the charter schools under contract with it and an itemized accounting of the cost of the services.
118.40(4)
(4) Charter school governing board; duties, powers, and restrictions. 118.40(4)(ag)(ag)
Governing board. Each charter school shall be governed by a governing board that is a party to the contract with the authorizing entity. No more than a minority of the governing board's members may be employees of the charter school or employees or officers of the school district in which the charter school is located.
118.40(4)(ar)
(ar)
Duties. A charter school governing board shall do all of the following:
118.40(4)(ar)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)(ar)2.
2. Be nonsectarian in its programs, admissions policies, employment practices and all other operations.
118.40(4)(b)
(b)
Restrictions. A charter school governing board may not do any of the following:
118.40(4)(b)2.
2. Except as provided in
sub. (3) (h), 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.
