LRBs0438/2
PG:nwn:rs
2009 - 2010 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2009 SENATE BILL 437
April 15, 2010 - Offered by Senator Grothman.
SB437-SSA2,1,8 1An Act to amend 118.22 (1) (a) and (b), 118.22 (2), 118.22 (3), 118.22 (4) and
2119.04 (1); and to create 111.70 (4) (m) 5., 118.22 (1m), 118.24 (10), 118.42,
3119.16 (3m), (9), and (11) to (14), 119.315, 121.006 (1) (c) and 121.006 (2) (d) of
4the statutes; relating to: low-performing schools and school districts,
5prohibiting tenure for principals and assistant principals, authorizing the state
6superintendent of public instruction to intervene in a school district under
7certain conditions, making personnel changes, and requiring the exercise of
8rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB437-SSA2, s. 1 9Section 1. 111.70 (4) (m) 5. of the statutes is created to read:
SB437-SSA2,1,1110 111.70 (4) (m) 5. Any reason for renewal or nonrenewal of a contract under s.
11118.22.
SB437-SSA2, s. 2
1Section 2. 118.22 (1) (a) and (b) of the statutes are amended to read:
SB437-SSA2,2,52 118.22 (1) (a) "Board" means a school board, technical college district board,
3board of control of a cooperative educational service agency or county children with
4disabilities education board, but does not include any board of school directors in a
5city of the 1st class
.
SB437-SSA2,2,106 (b) "Teacher" means any person who holds a teacher's certificate or license
7issued by the state superintendent or a classification status under the technical
8college system board and whose legal employment requires such certificate, license
9or classification status, but does not include part-time teachers or teachers
10employed by any board of school directors in a city of the 1st class
.
SB437-SSA2, s. 3 11Section 3. 118.22 (1m) of the statutes is created to read:
SB437-SSA2,2,1312 118.22 (1m) (a) Except as provided under par. (b), the term of each teacher's
13contract entered into by a board shall be one year.
SB437-SSA2,2,1714 (b) After a teacher's continuous employment by a board for 5 years, the term
15of the teacher's contract shall be 2 years. The term of a contract of a teacher who has
16been continuously employed by a board for 5 or more years as of the effective date
17of this paragraph .... [LRB inserts date], shall be 2 years.
SB437-SSA2, s. 4 18Section 4. 118.22 (2) of the statutes is amended to read:
SB437-SSA2,3,1019 118.22 (2) On or before March 15 of the school last year during which of a
20teacher holds a teacher's contract, the board by which the teacher is employed or an
21employee at the direction of the board shall give the teacher written notice of renewal
22or refusal to renew the teacher's contract for the ensuing school year. If no such
23notice is given on or before March 15, the contract then in force shall continue for the
24ensuing school year, or for the ensuing 2 school years if the teacher has been
25employed continuously by the board for 5 or more years
. A teacher who receives a

1notice of renewal of contract for the ensuing school year, or a teacher who does not
2receive a notice of renewal or refusal to renew the teacher's contract for the ensuing
3school year
on or before March 15 of the last year of the contract, shall accept or reject
4in writing such contract not later than the following April 15. No teacher may be
5employed or dismissed except by a majority vote of the full membership of the board.
6A refusal to renew a teacher's contract may not be for arbitrary or capricious reasons.
7Nothing in this section prevents the modification or termination of a contract by
8mutual agreement of the teacher and the board. No such board may enter into a
9contract of employment with a teacher for any period of time as to which the teacher
10is then under a contract of employment with another board.
SB437-SSA2, s. 5 11Section 5. 118.22 (3) of the statutes is amended to read:
SB437-SSA2,3,1812 118.22 (3) At least 15 days prior to giving written notice of refusal to renew a
13teacher's contract for the ensuing school year, the employing board shall inform the
14teacher by preliminary notice in writing that the board is considering nonrenewal
15of the teacher's contract and that, if the teacher files a request therefor with the
16board within 5 days after receiving the preliminary notice, the teacher has the right
17to a private conference with the board prior to before being given written notice of
18refusal to renew the teacher's contract.
SB437-SSA2, s. 6 19Section 6. 118.22 (4) of the statutes is amended to read:
SB437-SSA2,3,2420 118.22 (4) A Except as provided in s. 111.70 (4) (m) 5., a collective bargaining
21agreement may modify, waive or replace any of the provisions of this section as they
22apply to teachers in the collective bargaining unit, but neither the employer nor the
23bargaining agent for the employees is required to bargain such modification, waiver
24or replacement.
SB437-SSA2, s. 7 25Section 7. 118.24 (10) of the statutes is created to read:
SB437-SSA2,4,2
1118.24 (10) No principal or assistant principal may be granted tenure or
2permanent employment.
SB437-SSA2, s. 8 3Section 8. 118.42 of the statutes is created to read:
SB437-SSA2,4,7 4118.42 Low-performing school districts and schools; state
5superintendent interventions.
(1) If the state superintendent determines that
6a school district has been in need of improvement for 4 consecutive school years, the
7school board shall do all of the following:
SB437-SSA2,4,108 (a) Employ a standard, consistent, research-based curriculum that is aligned
9with the state's model academic standards, as determined by the state
10superintendent, and across grades in all schools.
SB437-SSA2,4,1511 (b) Use pupil academic performance data, including data indicating
12improvement in pupil academic achievement and English language acquisition, to
13differentiate instruction to meet individual pupil needs. To the extent practicable,
14the school board shall assess pupils in the language and form most likely to yield
15accurate data.
SB437-SSA2,4,1916 (c) Implement for all pupils a system of academic and behavioral supports and
17early interventions, including diagnostic assessments, instruction in core academic
18subjects, different instructional strategies for different pupils, and strategies to
19improve reading and mathematics instruction and promote positive behavior.
SB437-SSA2,4,2320 (d) Provide additional learning time to address the academic needs of pupils
21who are struggling academically, including pupils whose proficiency in English is
22limited. The additional learning time may include an extended school day, an
23extended school year, summer school, or intersession courses.
SB437-SSA2,5,2 24(2) If the state superintendent determines that a public school was in the
25lowest performing 5 percent of all public schools in the state in the previous school

1year and is located in a school district that has been in need of improvement for 4
2consecutive school years, the school board shall do all of the following in the school:
SB437-SSA2,5,43 (a) Use rigorous and equitable performance evaluation systems for teachers
4and principals that include all of the following:
SB437-SSA2,5,95 1. Annual performance evaluations; multiple rating categories; multiple rating
6criteria, including improvement in pupil academic achievement as a significant
7factor; observation-based performance assessments; and an up-to-date collection of
8professional practice materials. The school board shall ensure that improvement in
9pupil academic achievement is based on at least 2 measures.
SB437-SSA2,5,1310 2. A method of identifying mitigating factors, such as a high rate of pupil
11mobility, large class size, insufficient preparation time, insufficient paraprofessional
12support, insufficient professional development, and insufficient resources or
13support, that could affect a teacher's or principal's performance.
SB437-SSA2,5,2014 (b) Adopt a policy establishing criteria for evaluating whether the distribution
15of teachers and principals within the affected schools relative to the distribution of
16teachers and principals throughout the school district, based upon their
17qualifications and effectiveness, is equitable. Using the criteria, the school board
18shall determine whether the distribution of principals and teachers is equitable. If
19the school board determines that the distribution is inequitable, the school board
20shall do all of the following:
SB437-SSA2,5,2421 1. Perform a comprehensive review of current policies and constraints that
22prevent low-performing schools from recruiting, placing, and retaining effective
23teachers and principals, and implement strategies to eliminate those policies and
24constraints.
SB437-SSA2,6,3
12. Provide additional support to teachers and principals, which may include
2professional development that is incorporated into their work and tuition
3reimbursement for courses related to their professional duties.
SB437-SSA2,6,54 (c) Establish teacher and principal improvement programs that include all of
5the following:
SB437-SSA2,6,66 1. Supplemental mentoring for those with emergency licenses or permits.
SB437-SSA2,6,87 2. Opportunities to pursue other professional certifications, including
8certification by the National Board for Professional Teaching Standards.
SB437-SSA2,6,119 3. Annually, at least 60 hours of professional development that is incorporated
10into their work. The school board shall consult with teachers and principals on the
11content of the professional development.
SB437-SSA2,6,1712 4. A joint labor-management program designed to objectively identify teachers
13and principals who demonstrate serious performance deficiencies and provide them
14with opportunities for improvement, including weekly observation, mentoring,
15ongoing conferences, modeling, and professional development. The school board
16shall offer career counseling and other career transition benefits to those teachers
17and principals who continue to demonstrate performance deficiencies.
SB437-SSA2,6,1918 (d) Adopt placement criteria for principals that include performance
19evaluations and measures of pupil academic achievement.
SB437-SSA2,6,24 20(3) (a) If the state superintendent determines that a school district has been
21in need of improvement for 4 consecutive school years, the state superintendent may,
22after consulting with the school board, the school district superintendent, and
23representatives of each labor organization representing school district employees,
24direct the school board to do one or more of the following in the school district:
SB437-SSA2,6,2525 1. Implement or modify activities described in sub. (1) (a) to (d).
SB437-SSA2,7,2
12. Implement a new or modified instructional design, which may include
2expanded school hours or additional pupil supports and services.
SB437-SSA2,7,43 3. Implement professional development programs that focus on improving
4pupil academic achievement.
SB437-SSA2,7,65 4. Implement changes in administrative and personnel structures that are
6consistent with applicable collective bargaining agreements.
SB437-SSA2,7,97 5. Adopt accountability measures to monitor the school district's finances or to
8monitor other interventions directed by the state superintendent under subds. 1. to
94.
SB437-SSA2,7,1710 (b) If the state superintendent determines that a public school is located in a
11school district that has been in need of improvement for 4 consecutive school years,
12and that the school has been in need of improvement for 5 consecutive school years
13or was among the lowest performing 5 percent of all public schools in the state in the
14previous school year, the state superintendent may, after consulting with the school
15board, the school district superintendent, and representatives of each labor
16organization representing school district employees, direct the school board to do one
17or more of the following in the school:
SB437-SSA2,7,1918 1. Implement a new or modified instructional design, which may include
19expanded school hours or additional pupil supports and services.
SB437-SSA2,7,2520 2. Create a school improvement council consisting of the state superintendent
21or his or her designee, the school district or school board president or his or her
22designee, the school district administrator or his or her designee, the school principal
23or his or her designee, and representatives of each labor organization representing
24school district employees, to make recommendations to the state superintendent
25regarding improving the school.
Loading...
Loading...