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)(4)
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)1.a.a. A program under s. 115.7915, 118.60, or 119.23.
118.38(4)(a)1.b.b. A private school participating in a program under s. 115.7915, 118.60, or 119.23.
118.38(4)(a)1.c.c. A charter school under s. 118.40 (2r) or (2x), including any requirement related to an authorizer, governing board, or operator of a charter school under s. 118.40 (2r) or (2x).
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)1.1. The pupil assessment program under s. 118.30.
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)(am)3.3. Pupil records, as defined in s. 118.125, including the requirements in ss. 118.60 (7) (b) 4. and 119.23 (7) (b) 4.
118.38(4)(b)(b)
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.
118.38 HistoryHistory: 1995 a. 27; 1997 a. 27; 2001 a. 16; 2009 a. 42, 301; 2013 a. 257; 2015 a. 53; 2017 a. 143; 2019 a. 185; 2021 a. 56.
118.40118.40Charter 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)(1m)Petition.
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)3.3. A description of the educational program of the school.