119.33(2)(b)1.a.a. During the 2015-16 school year, but after the commissioner has completed his or her selection under s.
119.9002 (2) (a), select from the report submitted by the state superintendent under s.
115.28 (10m) (a) at least one and not more than 3 eligible schools to be transferred to the program under this section for the following school year.
119.33(2)(b)1.b.
b. During the 2016-17 school year, but after the commissioner has completed his or her selection under s.
119.9002 (2) (a), select from the report submitted by the state superintendent under s.
115.28 (10m) (a) not more than 3 additional eligible schools to be transferred to the program under this section for the following school year.
119.33(2)(b)1.c.
c. During the 2017-18 school year and any subsequent school year, but after the commissioner has completed his or her selection under s.
119.9002 (2) (a), select from the report submitted by the state superintendent under s.
115.28 (10m) (a) not more than 5 additional eligible schools to be transferred to the program under this section for the following school year.
119.33(2)(b)2.
2. After selecting one or more eligible schools to be transferred to the program as provided under subd.
1., initiate a request-for-proposal process for each selected school and make a determination regarding the entity that will operate the school. Upon receipt of proposals under subd.
1., the superintendent of schools may engage the families of pupils enrolled in the school and community members and organizations to cultivate support for the transfer of the school to the program under this section.
119.33(2)(b)3.
3. For each eligible school selected under subd.
1., determine which of the following will be responsible for the operation and general management of the school upon its transfer to the program under this section:
119.33(2)(b)3.b.
b. A person who is operating a charter school. The superintendent of schools may proceed under this subd.
3. b. only if one of the following applies: the performance on the most recent examinations administered under s.
118.30 (1r) of pupils attending a school operated by the person exceeds the performance on the most recent examinations administered under s.
118.30 (1) of pupils attending the school being transferred to the person under this subdivision; or, in each of the 3 preceding consecutive accountability reports published under s.
115.385 (1), the performance category assigned to a school operated by the person exceeds the performance category assigned to the school being transferred to the person under this subdivision. If fewer than 3 accountability reports have been published for a charter school described in this subd.
3. b., the superintendent of schools shall determine an alternative method for comparing the school's performance.
119.33(2)(b)3.c.
c. The governing body of a nonsectarian private school participating in a program under s.
118.60 or
119.23. The superintendent of schools may proceed under this subd.
3. c. only if one of the following applies: the performance on the most recent examinations administered under s.
118.30 (1s) or
(1t) of pupils attending a school operated by the governing body exceeds the performance on the most recent examinations administered under s.
118.30 (1) of pupils attending the school being transferred to the governing body under this subdivision; or, in each of the 3 preceding consecutive accountability reports published under s.
115.385 (1), the performance category assigned to a school operated by the governing body exceeds the performance category assigned to the school being transferred to the governing body under this subdivision. If fewer than 3 accountability reports have been published for a private school described in this subd.
3. c., the superintendent of schools shall determine an alternative method for comparing the school's performance.
119.33(2)(b)4.
4. Provide alternative public school attendance arrangements for pupils who do not wish to attend a school that has been transferred to the program under this section.
119.33(2)(b)5.
5. Annually submit to the board a report of the total number of pupils enrolled in all schools transferred to the program under this section in the current school year. For each school transferred to the program under this section, the superintendent of schools shall indicate the number of pupils enrolled in the school and whether the school is under the operation and general management of an individual or group under par.
(c) 1., a person operating a charter school as described under par.
(c) 2., or the governing body of a private school as described under par.
(c) 3. 119.33(2)(c)
(c)
Transfer of schools to and supervision of schools transferred to the opportunity schools and partnership program. Assume general supervision over the schools transferred to the program under this section and take one of the following actions regarding each school selected under par.
(b) 1.:
119.33(2)(c)1.
1. Transfer the operation and general management of the school to an individual or group under par.
(b) 3. a. If the superintendent of schools proceeds under this subdivision, neither the superintendent of schools nor the individual or group selected to be responsible for the operation and general management of the school may charge tuition to pupils attending the school.
119.33(2)(c)2.
2. Transfer the operation and general management of the school to a person under par.
(b) 3. b. pursuant to a 5-school-year contract with the person. If the superintendent of schools proceeds under this subdivision, the superintendent of schools may contract only with a not-for-profit group. Under the terms of the contract:
119.33(2)(c)2.b.
b. The person shall submit achievement data of pupils attending the school directly to the superintendent of schools, who shall submit that achievement data to the board.
119.33(2)(c)2.c.
c. The person may not charge tuition to pupils attending a school under the contract.
119.33(2)(c)2.d.
d. The superintendent of schools shall evaluate the performance of the school at the end of the 3rd school year under the contract to determine whether the school is demonstrating adequate growth in pupil achievement. If the superintendent of schools determines that the school is not demonstrating adequate growth in pupil achievement, the superintendent of schools may either select an alternative person that qualifies under par.
(b) 3. b. to be responsible for the operation and general management of the school or select a governing body of a private school that qualifies under par.
(b) 3. c. to be responsible for the operation and general management of the school.
119.33(2)(c)3.
3. Transfer the operation and general management of the school to the governing body of a private school pursuant to a 5-school-year contract with the governing body. If the superintendent of schools proceeds under this subdivision, the superintendent of schools may contract only with a not-for-profit governing body of a private school. Under the terms of the contract:
119.33(2)(c)3.a.
a. The governing body of a private school, and schools in the opportunity schools and partnership program operated by the governing body, shall be subject to the provisions of ss.
118.13 and
118.38, other than s.
118.38 (1) (a) 9. 119.33(2)(c)3.b.
b. The governing body of a private school shall administer the examinations required under ss.
118.016 and
118.30 (1s) and shall submit achievement data of pupils attending the school directly to the superintendent of schools, who shall submit that achievement data to the board.
119.33(2)(c)3.c.
c. The governing body of a private school may not charge tuition to pupils attending a school under the contract.
119.33(2)(c)3.d.
d. The superintendent of schools shall evaluate the performance of the school at the end of the 3rd school year under the contract to determine whether the school is demonstrating adequate growth in pupil achievement. If the superintendent of schools determines that the school is not demonstrating adequate growth in pupil achievement, the superintendent of schools may either select an alternative governing body of a private school that qualifies under par.
(b) 3. c. to be responsible for the operation and general management of the school or select a person that qualifies under par.
(b) 3. b. to be responsible for the operation and general management of the school.
119.33(2)(c)4.
4. Ensure that no school transferred to the program under this section charges tuition to pupils.
119.33(2)(d)
(d)
Achievement and assessment data. Upon receipt from an individual or group operating a school pursuant to par.
(c) 1., from a person operating a school pursuant to par.
(c) 2., or from the governing body of a private school operating a school pursuant to par.
(c) 3. of pupil achievement and assessment data, forward that data to the board.
119.33(2)(e)1.1. Select, hire, and employ staff. The superintendent of schools may terminate staff if appropriate. The superintendent of schools shall determine the compensation, duties, and qualifications of his or her staff. Individuals employed by the superintendent of schools are not subject to subch.
II of ch. 63.
119.33(2)(e)2.a.a. Take responsibility over the selection, hiring, employment, and termination of the principals, vice principals, and teachers in those schools transferred to the program under this section. The superintendent of schools shall assign all teachers within those schools and shall engage and assign substitute teachers at the per diem compensation fixed by the superintendent of schools. If the superintendent of schools transfers a school to the program under this section, the superintendent of schools may reassign the school's staff members out of the school without regard to seniority in service, shall terminate all employees of the school who are employees of the school district operating under this chapter, and shall require any individual seeking to remain employed at the school to reapply for employment at the school. Employees of the program under this section are not employees of the board.