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.
SB437-SSA2,8,2
1(c) 1. If the state superintendent issues a directive under par. (a) or (b), he or
2she shall do all of the following:
SB437-SSA2,8,43 a. Notify the legislature's education committees under s. 13.172 (3) and each
4legislator whose legislative district includes any portion of the school district.
SB437-SSA2,8,65 b. Provide a system of support and improvement, including technical
6assistance, to the school board.
SB437-SSA2,8,97 2. If a school board receives a directive from the state superintendent under
8par. (a) or (b), the school board shall seek input from school district staff, parents, and
9community leaders on implementing the directive.
SB437-SSA2,8,13 10(4) The state superintendent shall promulgate rules establishing criteria and
11procedures for determining whether a school or school district is in need of
12improvement and whether a school is among the lowest performing 5 percent of all
13public schools in the state, for the purposes of this section.
SB437-SSA2,8,16 14(5) Nothing in this section alters or otherwise affects the rights or remedies
15afforded school districts and school district employees under federal or state law or
16under the terms of any applicable collective bargaining agreement.
SB437-SSA2, s. 9 17Section 9. 119.04 (1) of the statutes, as affected by 2009 Wisconsin Acts 60 and
1896, is amended to read:
SB437-SSA2,9,219 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2066.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
21115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045,
22118.06, 118.07, 118.075, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15,
23118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.22, 118.225,
24118.24 (1), (2) (c) to (f), (6) and, (8), and (10), 118.255, 118.258, 118.291, 118.30 to
25118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (25), 120.125, 120.13 (1), (2) (b)

1to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3),
2and 120.25 are applicable to a 1st class city school district and board.
SB437-SSA2, s. 10 3Section 10. 119.16 (3m), (9), and (11) to (14) of the statutes are created to read:
SB437-SSA2,9,84 119.16 (3m) Master facilities plan. (a) By July 1, 2011, the board shall
5evaluate all school buildings in the school district operating under this chapter
6according to the criteria established under par. (b), and shall develop a master plan
7governing the use, repair, renovation, and demolition of buildings in the school
8district.
SB437-SSA2,9,139 (b) The board shall establish criteria to evaluate the safety, structural integrity,
10utility, and costs of maintenance and repair of school buildings in the school district.
11Subject to the requirements under sub. (10), the criteria shall include consideration
12of the advantages and disadvantages of repairing versus demolishing older buildings
13having high maintenance or operating costs.
SB437-SSA2,9,15 14(9) School budget. Annually, the board shall prepare a budget for each school
15in the school district operating under this chapter.
SB437-SSA2,9,20 16(11) Comprehensive programs. The board shall collaborate with nonprofit
17organizations and government agencies to provide pupils with comprehensive social
18services and educational support, which may include a program that offers
19comprehensive services that address the needs of children and youth from before the
20time they are born through postsecondary education.
SB437-SSA2,9,24 21(12) Alternative routes to graduation. The board shall provide alternative
22methods of attaining a high school diploma for those pupils who are unlikely to
23graduate in the traditional manner, including a program allowing a pupil or former
24pupil to retake a course in which he or she was not initially successful.
SB437-SSA2,9,25
1(13) Research consortium. If the board determines that sufficient state or
2federal aid or private funding is available for this purpose, the board shall participate
3in an educational research consortium, similar to the Consortium on Chicago School
4Research and the Boston Plan for Excellence, to provide research and policy
5recommendations, including recommendations addressing pupil literacy and
6academic achievement, to the department, the board, and the legislature. In
7addition, the research consortium shall make its recommendations publicly
8available.
SB437-SSA2,10,13 9(14) Parent survey. Annually, the board shall conduct a survey of parents of
10pupils enrolled in the school district operating under this chapter and use the results
11of the survey to develop or modify parent involvement and school improvement
12plans, which may include school-based community resource centers, regularly
13scheduled public meetings, or parent education classes.
SB437-SSA2, s. 11 14Section 11. 119.315 of the statutes is created to read:
SB437-SSA2,10,22 15119.315 Science, technology, engineering, and mathematics pilot
16programs for pupils in grades kindergarten to 5.
If the board determines that
17state or federal aid is available, any school in the city that enrolls pupils in grades
18kindergarten to 5 is eligible to apply to the board for funding to participate in a pilot
19program designed to develop innovative instructional programs in science,
20technology, engineering, and mathematics; support pupils who are typically
21under-represented in these subjects; and increase the academic achievement of
22pupils in those subjects.
SB437-SSA2, s. 12 23Section 12. 121.006 (1) (c) of the statutes is created to read:
SB437-SSA2,11,3
1121.006 (1) (c) If the state superintendent withholds state aid from a school
2district under this subsection, the school board may request a hearing under s.
3227.42.
SB437-SSA2, s. 13 4Section 13. 121.006 (2) (d) of the statutes is created to read:
SB437-SSA2,11,65 121.006 (2) (d) Comply with a directive issued by the state superintendent
6under s. 118.42 (3) (a) or (b).
SB437-SSA2, s. 14 7Section 14. Nonstatutory provisions.
SB437-SSA2,11,148 (1) Rules. In promulgating the rules required under section 118.42 (4) of the
9statutes, as created by this act, the state superintendent of public instruction shall
10consult with the school district or school board president, the school district
11administrator, and labor organizations representing employees, of each school
12district that the state superintendent determines is immediately affected by section
13118.42 of the statutes, as created by this act, and legislators whose legislative
14districts include any portion of each such school district.
SB437-SSA2, s. 15 15Section 15. Initial applicability.
SB437-SSA2,11,1716 (1) The treatment of section 118.24 (10) of the statutes first applies to contracts
17entered into, modified, or renewed on the effective date of this subsection.
SB437-SSA2,11,2018 (2) The treatment of sections 111.70 (4) (m) 5. and 118.22 (4) of the statutes first
19applies to a collective bargaining agreement that is entered into, modified, or
20renewed on the effective date of this subsection.
SB437-SSA2,11,2221 (3) The treatment of section 118.22 (1m), (2), and (3) of the statutes first applies
22to teachers who hold a license to teach on the effective date of this subsection.
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