118.33(6)(cm)5.
5. Each operator of a charter school under s.
118.40 (2r) or
(2x) that operates a 5-year-old kindergarten program shall establish procedures, conditions, and standards for exempting a child from the requirement that the child complete kindergarten as a prerequisite to enrollment in the first grade and for reviewing the denial of an exemption upon the request of the pupil's parent or guardian.
118.33(6)(cm)6.
6. The operator of a charter school under s.
118.40 (2r) or
(2x) that operates a 5-year-old kindergarten program shall enroll in the first grade a child who has not completed kindergarten but who is otherwise eligible to be admitted to and to enroll in first grade as a new or continuing pupil at the time the child moves into this state if one of the following applies:
118.33(6)(cm)6.a.
a. Before either commencing or completing first grade, the child moved into this state from a state, country, or territory in which completion of 5-year-old kindergarten is a prerequisite to entering first grade and the child was exempted from the requirement to complete 5-year-old kindergarten in the state, country, or territory from which the child moved.
118.33(6)(cm)6.b.
b. Before either commencing or completing first grade the child moved into this state from a state, country, or territory in which completion of 5-year-old kindergarten is not a prerequisite to entering first grade.
118.33(6)(cr)1.1. The governing body of each private school participating in the program under s.
118.60 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s.
118.60 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s.
118.30 (1t) (a) or
(b) or s.
118.301 (3), unless the pupil has been excused from taking the examination under s.
118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.
118.33(6)(cr)2.
2. The governing body of a private school participating in the program under s.
118.60 may not promote a 4th grade pupil who is attending the private school under s.
118.60 to the 5th grade, and may not promote an 8th grade pupil who is attending the private school under s.
118.60 to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the governing body's policy under subd.
1. 118.33 History
History: 1983 a. 411;
1985 a. 29;
1991 a. 39,
269;
1993 a. 223,
339,
340,
399,
491;
1995 a. 27 s.
9145 (1);
1997 a. 27,
113,
164;
1999 a. 9,
84,
185;
2001 a. 38,
109;
2003 a. 33;
2009 a. 28,
41,
114;
2011 a. 32,
105,
156;
2011 a. 260 s.
80;
2013 a. 63,
138,
237;
2015 a. 55,
212;
2017 a. 59.
118.33 Note
NOTE: 1983 Wisconsin Act 411, which created this section, has “Legislative declaration" in section 1.
118.33 Note
NOTE: 1993 Wis. Act 339, which created sub. (1) (d), contains explanatory notes.
118.33 Cross-reference
Cross-reference: See also ch.
PI 18, Wis. adm. code.
118.34
118.34
Technical preparation programs. 118.34(1)(1)
In cooperation with a technical college district board, each school board shall establish a technical preparation program in each public high school located in the school district. The program shall consist of a sequence of courses, approved by the technical college system board under s.
38.04 (26), designed to allow high school pupils to gain advanced standing in the technical college district's associate degree program upon graduation from high school.
118.34(2)(a)(a) The technical college district director shall appoint a technical preparation council to coordinate the establishment of the technical preparation programs. The council shall consist of 12 members.
118.34(2)(b)
(b) The technical college district board and the school boards of school districts that operate high schools located in the technical college district shall establish a consortium to implement the technical preparation programs.
118.34(3)
(3) The department and the technical college system board shall provide technical assistance to school boards to develop technical preparation programs in each high school. Annually, the school board shall evaluate its program and report the results to the state superintendent and the technical college system board.
118.34 Cross-reference
Cross-reference: See also ch.
TCS 9, Wis. adm. code.
118.35
118.35
Programs for gifted and talented pupils. 118.35(1)(1)
In this section, “gifted and talented pupils" means pupils enrolled in public schools who give evidence of high performance capability in intellectual, creative, artistic, leadership or specific academic areas and who need services or activities not ordinarily provided in a regular school program in order to fully develop such capabilities.
118.35(2)
(2) The state superintendent shall by rule establish guidelines for the identification of gifted and talented pupils.
118.35(3)
(3) Each school board shall ensure that all gifted and talented pupils enrolled in the school district have access to a program for gifted and talented pupils.
118.35(4)
(4) From the appropriation under s.
20.255 (2) (fy), the department shall award grants to nonprofit organizations, cooperative educational service agencies, institutions within the University of Wisconsin System, and school districts for the purpose of providing to gifted and talented pupils those services and activities not ordinarily provided in a regular school program that allow such pupils to fully develop their capabilities.
118.38
118.38
Waivers of laws and rules. 118.38(1)(a)
(a) A school board may request the department to waive any school board or school district requirement in chs.
115 to
121 or in the administrative rules promulgated by the department under the authority of those chapters, except for statutes or rules related to any of the following:
118.38(1)(a)7.
7. Licensure or certification under s.
115.28 (7) or
(7m) other than the licensure of the school district administrator or business manager.
118.38(1)(a)9.
9. The requirements established for achievement guarantee contracts under s.
118.43 and for achievement gap reduction contracts under s.
118.44.
118.38(1)(b)
(b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.
118.38(1m)
(1m) The school board shall specify in its request for a waiver its reason for requesting the waiver.
118.38(2)(am)(am) In determining whether to grant a waiver under sub.
(1), the department shall consider all of the following factors and may consider additional factors:
118.38(2)(am)1.
1. Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of P.L.
103-227.
118.38(2)(am)2.
2. If the school board has adopted educational goals for the school district, whether the requirement impedes progress toward achieving the goals.
118.38(2)(bm)
(bm) The department shall promulgate rules establishing criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s.
121.02 (1) (f) if school is closed for a reason specified in s.
115.01 (10) (b) or
(c).
118.38(3)
(3) A waiver granted under sub.
(2) is effective for 4 years. The department shall renew the waiver for additional 4-year periods if the school board has evaluated the educational and financial effects of the waiver over the previous 4-year period, except that the department is not required to renew a waiver if the department determines that the school district is not making adequate progress toward improving pupil academic performance.
118.38(4)(a)(a) Beginning on the first day of the public health emergency declared on March 12, 2020, by executive order 72, and ending on October 31, 2021, the department may do all of the following:
118.38(4)(a)1.
1. Waive any requirement in chs.
115 to
121 or the administrative rules promulgated by the department under the authority of those chapters, except as provided in par.
(am), related to any of the following:
118.38(4)(a)2.
2. Establish an alternate deadline for any requirement related to a program under s.
115.7915,
118.60, or
119.23 in chs.
115 to
121 and any requirement related to a program under s.
115.7915,
118.60, or
119.23 in the administrative rules promulgated by the department under the authority of chs.
115 to
121 if the original deadline is any of the following:
118.38(4)(a)2.a.
a. A deadline that occurs during the period beginning on the first day of the public health emergency declared on March 12, 2020, by executive order 72, and ending on October 31, 2021.
118.38(4)(a)2.b.
b. A deadline for a requirement that affects a date during the period beginning on the first day of the public health emergency declared on March 12, 2020, by executive order 72, and ending on October 31, 2021.
118.38(4)(am)
(am) Paragraph
(a) does not authorize the department to waive any requirement in chs.
115 to
121 or rules promulgated under the authority of those chapters related to any of the following:
118.38(4)(am)2.
2.
The standardized reading test developed by the department that is required to be administered to pupils enrolled in grade 3.
118.38(4)(b)1.1. The department shall notify the legislative reference bureau of each waiver under par.
(a) 1. and alternate deadline established under par.
(a) 2. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register of the waiver or alternate deadline.
118.38(4)(b)2.
2. The department shall post each waiver under par.
(a) 1. and alternate deadline established under par.
(a) 2. on the department's Internet site.
118.38(4)(c)
(c) A waiver under par.
(a) 1. may apply only to the 2019-20 school year, the 2020-21 school year, or both the 2019-20 and 2020-21 school years. In each waiver under par.
(a) 1., the department shall specify the school year or school years to which the waiver applies.
118.40
118.40
Charter schools. 118.40(1)(1)
Notice to state superintendent. Whenever a school board intends to establish a charter school, it shall notify the state superintendent of its intention. Whenever one of the entities under sub.
(2r) (b) or the director under sub.
(2x) intends to establish a charter school, it shall notify the state superintendent of its intention by February 1 of the previous school year. A notice under this subsection shall include a description of the proposed school.
118.40(1m)(a)(a) A written petition requesting the school board to establish a charter school under this section may be filed with the school district clerk. The petition shall be signed by at least 10 percent of the teachers employed by the school district or by at least 50 percent of the teachers employed at one school of the school district.
118.40(1m)(b)
(b) The petition shall include all of the following:
118.40(1m)(b)1.
1. The name of the person who is seeking to establish the charter school.
118.40(1m)(b)2.
2. The name of the person who will be in charge of the charter school and the manner in which administrative services will be provided.
118.40(1m)(b)4.
4. The methods the school will use to enable pupils to attain the educational goals under s.
118.01.
118.40(1m)(b)5.
5. The method by which pupil progress in attaining the educational goals under s.
118.01 will be measured.
118.40(1m)(b)6.
6. The governance structure of the school, including the method to be followed by the school to ensure parental involvement.
118.40(1m)(b)8.
8. The procedures that the school will follow to ensure the health and safety of the pupils.
118.40(1m)(b)9.
9. The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the school district population.
118.40(1m)(b)11.
11. The manner in which annual audits of the financial and programmatic operations of the school will be performed.
118.40(1m)(b)13.
13. The public school alternatives for pupils who reside in the school district and do not wish to attend or are not admitted to the charter school.
118.40(1m)(b)14.
14. A description of the school facilities and the types and limits of the liability insurance that the school will carry.
118.40(1m)(b)15.
15. The effect of the establishment of the charter school on the liability of the school district.
118.40(2)
(2)
Public hearing; granting of petition. 118.40(2)(a)
(a) Within 30 days after receiving a petition under sub.
(1m) the school board shall hold a public hearing on the petition. At the hearing, the school board shall consider the level of employee and parental support for the establishment of the charter school described in the petition and the fiscal impact of the establishment of the charter school on the school district. After the hearing, the school board may grant the petition.
118.40(2)(b)
(b) A school board may grant a petition that would result in the conversion of all of the public schools in the school district to charter schools if all of the following apply:
118.40(2)(b)1.
1. At least 50 percent of the teachers employed by the school district sign the petition.
118.40(2)(b)2.
2. The school board provides alternative public school attendance arrangements for pupils who do not wish to attend or are not admitted to a charter school.
118.40(2)(c)
(c) The school board of the school district operating under ch.
119 shall either grant or deny the petition within 30 days after the public hearing. If the school board of the school district operating under ch.
119 denies a petition, the person seeking to establish the charter school may, within 30 days after the denial, appeal the denial to the department. The department shall issue a decision within 30 days after receiving the appeal. The department's decision is final and not subject to judicial review under ch.
227.
