SB21-SSA1,1076,128 (j) School budget. Annually, prepare a budget for each school transferred to the
9program under this section. The superintendent of schools may delegate budgeting
10responsibilities under this paragraph to the individual or group operating the school
11under par. (c) 1., the person operating the school under par. (c) 2., or the governing
12body of a private school operating the school under par. (c) 3.

SB21-SSA1,1076,1413 (k) Budget. Annually transmit his or her proposed budget for the program
14under this section to the board on forms furnished by the auditing officer of the city.

SB21-SSA1,1076,2015 (L) Comprehensive programs. Collaborate with nonprofit organizations and
16government agencies to provide pupils enrolled in a school in the program with
17comprehensive social services and educational support, which may include a
18program under this section that offers comprehensive services that address the
19needs of children and youth from before the time they are born to postsecondary
20education.

SB21-SSA1,1076,2521 (m) Alternative routes to graduation. Provide alternative methods of attaining
22a high school diploma for those pupils enrolled in a school in the program under this
23section who are unlikely to graduate in the traditional manner, including a program
24allowing a pupil or former pupil to retake a course in which he or she was not initially
25successful.

SB21-SSA1,1077,2

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1(n) Transportation. 1. Provide for the transportation of pupils to and from any
2school transferred to the program under this section.

SB21-SSA1,1077,63 2. Upon written request from the parent or guardian of a pupil attending a
4school transferred to the program under this section who is displaced from his or her
5residence while enrolled in that school, provide transportation assistance to ensure
6that the pupil may continue to attend the school.

SB21-SSA1,1077,87 (o) Expulsion of pupils. Follow the policies established by the board for the
8expulsion of pupils from schools transferred to the program under this section.

SB21-SSA1,1077,149 (p) Random selection. If the superintendent of schools or any entity operating
10and managing a school transferred to the program under this section establishes an
11application process through which pupils may apply to attend a school transferred
12to the program under this section, establish and utilize, and ensure that the entity
13utilizes, a random selection process for the admission of pupils to the school when the
14number of applicants exceeds the number of seats in the school.

SB21-SSA1,1077,18 15(3) Superintendent of schools; powers. (a) For purposes of the program
16under this section, the superintendent of schools shall have all of the powers granted
17to the commissioner of the opportunity schools and partnership program under s.
18119.9003.

SB21-SSA1,1077,2319 (b) The superintendent of schools shall exercise the powers, duties, and
20functions prescribed to the superintendent of schools under this section
21independently of the board. Budgeting, program coordination, and related
22management functions for the schools transferred to the program under this section
23shall be performed by the superintendent of schools.

SB21-SSA1,1078,3

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1(c) The superintendent of schools may enter into a contract for cooperative
2action with a municipality under s. 66.0301 without approval of the board. In this
3paragraph, "municipality" has the meaning given in s. 66.0301 (1).

SB21-SSA1,1078,10 4(4) Exit from opportunity schools and partnership program. Subject to sub.
5(5) (a), the superintendent of schools may transfer a school out of the program under
6this section if the superintendent of schools determines that the school has been
7placed in a performance category of "meets expectations" or higher on the 3 preceding
8consecutive accountability reports published for the school under s. 115.385 (1).
9Under this subsection, any of the following may apply to a school transferred out of
10the program under this section:

SB21-SSA1,1078,1211 (a) Subject to sub. (5) (b), the superintendent of schools may return operation
12and general management of the school to the board.

SB21-SSA1,1078,1513 (b) The superintendent of schools may transfer operation and management of
14the school to a person to operate the school under s. 118.40 as a charter school that
15is not an instrumentality of the school district, as determined under s. 118.40 (7).

SB21-SSA1,1078,1716 (c) The superintendent of schools may transfer operation and general
17management of the school to the governing body of a private school.

SB21-SSA1,1078,20 18(5) Opportunity schools and partnership program; limitations. (a) A school
19transferred to the program under this section may not be transferred out of the
20program under sub. (4) for 5 consecutive school years.

SB21-SSA1,1078,2321 (b) The superintendent of schools may not return operation and general
22management of a school that has been transferred to the program under this section
23to the board if either of the following applies:

SB21-SSA1,1078,2424 1. The school remains an eligible school, as defined under s. 119.9000 (5).

SB21-SSA1,1079,3

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12. The school district operating under this chapter has been assigned in the 3
2most recent school years a performance category of "fails to meet expectations" on the
3accountability report published under s. 115.385 (1).

SB21-SSA1,1079,7 4(6) Payments to the superintendent of schools, persons, and private schools
5operating schools in the superintendent of schools opportunity schools and
6partnership program; state aid adjustments. Beginning in the 2016-17 school year,
7the state superintendent shall do all of the following:

SB21-SSA1,1079,128 (a) From the appropriation under s. 20.255 (2) (fs), pay to the superintendent
9of schools on behalf of an individual or group operating a school under sub. (2) (c) 1.
10an amount equal to the amount paid per pupil to an operator of a charter school under
11s. 118.40 (2r) (e) in that school year multiplied by the number of pupils enrolled in
12that school in that school year.

SB21-SSA1,1079,1713 (b) From the appropriation under s. 20.255 (2) (fs), pay to a person operating
14a school under a contract entered into under sub. (2) (c) 2. for that school year an
15amount equal to the amount paid per pupil to an operator of a charter school under
16s. 118.40 (2r) (e) in that school year multiplied by the number of pupils enrolled in
17that school under that contract in that school year.

SB21-SSA1,1079,2318 (c) From the appropriation under s. 20.255 (2) (fs), pay to the governing body
19of a private school operating the school in which a pupil is enrolled under a contract
20entered into under sub. (2) (c) 3. for that school year an amount equal to the amount
21paid per pupil to an operator of a charter school under s. 118.40 (2r) (e) in that school
22year multiplied by the number of pupils enrolled in that school under that contract
23in that school year.

SB21-SSA1,1080,224 (d) Reduce the amount of state aid that the school district operating under this
25chapter is eligible to be paid from the appropriation under s. 20.255 (2) (ac) for that

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1school year by the sum of the amounts paid for that school year under pars. (a) to (c)
2and ensure that the aid reduction under this paragraph is lapsed to the general fund.

SB21-SSA1,1080,53 (e) Ensure that the aid adjustment under par. (d) does not affect the amount
4determined to be received by the school district operating under this chapter as state
5aid under s. 121.08 for any other purpose.

SB21-SSA1,1080,107 119.44 (2) (a) 5. a. The number of pupils enrolled in each school transferred to
8the superintendent of schools opportunity schools and partnership program under
9s. 119.33, as reported by the superintendent of schools in the enrollment report
10submitted under s. 119.33 (2) (b) 5.

SB21-SSA1,1080,1311 b. The number of pupils enrolled in each school transferred to the opportunity
12schools and partnership program under subch. II, as reported by the commissioner
13in the enrollment report submitted under s. 119.9002 (2) (f).

SB21-SSA1,1081,1615 119.46 (1) As part of the budget transmitted annually to the common council
16under s. 119.16 (8) (b), the board shall report the amount of money required for the
17ensuing school year to operate all public schools in the city under this chapter,
18including the schools transferred to the superintendent of schools opportunity
19schools and partnership program under s. 119.33 and to the opportunity schools and
20partnership program under subch. II, to repair and keep in order school buildings
21and equipment, including school buildings and equipment transferred to the
22superintendent of schools opportunity schools and partnership program under s.
23119.33 and to the opportunity schools and partnership program under subch. II, to
24make material improvements to school property, and to purchase necessary
25additions to school sites. The report shall specify the amount of net proceeds from

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1the sale or lease of city-owned property used for school purposes deposited in the
2immediately preceding school year into the school operations fund as specified under
3s. 119.60 (2m) (c) or (5) and the net proceeds from the sale of an eligible school
4building deposited in the immediately preceding school year into the school
5operations fund as specified under s. 119.61 (5). The amount included in the report
6for the purpose of supporting the Milwaukee Parental Choice Program under s.
7119.23 shall be reduced by the amount of aid received by the board under s. 121.136
8and by the amount specified in the notice received by the board under s. 121.137 (2).
9The common council shall levy and collect a tax upon all the property subject to
10taxation in the city, which shall be equal to the amount of money required by the
11board for the purposes set forth in this subsection, at the same time and in the same
12manner as other taxes are levied and collected. Such taxes shall be in addition to all
13other taxes which the city is authorized to levy. The taxes so levied and collected, any
14other funds provided by law and placed at the disposal of the city for the same
15purposes, and the moneys deposited in the school operations fund under s. ss. 119.60
16(1), (2m) (c), and (5), and 119.61 (5) shall constitute the school operations fund.

SB21-SSA1,1082,218 119.46 (2) If moneys specified in s. 119.60 (1), (2m) (c), or (5) or 119.61 (5) are
19deposited in the school operations fund, the moneys shall be used to pay the principal
20due on any bonds issued under s. 66.1333 (5r) (b), to make sinking fund payments
21with respect to such bonds, to purchase or redeem such bonds, to pay any redemption
22premium required to be paid when such bonds are redeemed prior to maturity, or to
23establish a defeasance escrow account for such bonds in an amount sufficient to
24provide for the payment of principal, any redemption premium and interest on such

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1bonds when due, whether at maturity or upon prior redemption, and to pay any fees
2or expenses associated with the establishment of the defeasance escrow account.

SB21-SSA1,1082,84 119.49 (4) The common council shall levy and collect a tax upon all taxable
5property in the city, in the same manner and at the same time as other taxes are
6levied and collected, which shall be sufficient to pay the interest on all school bonds
7issued under this chapter subchapter which are outstanding and to pay such part of
8the principal of such school bonds as becomes due during the ensuing school year.

SB21-SSA1,1082,1310 119.60 (1) Except as provided in sub. (2m) (c) and s. 119.61 (5), if any real
11property within the city which is used for school purposes is sold, the board shall
12determine whether the proceeds of the sale are deposited in the school operations
13fund under s. 119.46 or are deposited in the school construction fund under s. 119.48.

SB21-SSA1,1082,2315 119.60 (2) Except as provided in sub. (2m) and s. 119.61 (5), city-owned
16property used for school purposes shall be sold by the city upon written request of the
17board if the common council adopts a resolution approving the sale. If, within 12
18months after a written request by the board, the city has not disposed of the property,
19has failed to obtain a written agreement to dispose of the property or has not provided
20the board with a written report giving specific reasons, which are not identified by
21the city attorney as constituting a conflict of interest, for its failure to dispose of the
22property or to obtain an agreement to dispose of the property, the board may retain
23a real estate agent to represent the board in its real estate transactions.

SB21-SSA1,1082,25 25119.61 Surplus property. (1) In this section:

SB21-SSA1,1083,1

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1(a) "Education operator" means any of the following:

SB21-SSA1,1083,22 1. The operator of a charter school established under s. 118.40 (2r) or (2x).

SB21-SSA1,1083,33 2. The operator of a private school.

SB21-SSA1,1083,54 3. The operator of a charter school established under s. 118.40 (2) or (2m) that
5is not an instrumentality of the school district, as determined under s. 118.40 (7).

SB21-SSA1,1083,86 4. An individual or group that is pursuing a contract with an entity under s.
7118.40 (2r) (b) or the director under s. 118.40 (2x) to operate a school as a charter
8school.

SB21-SSA1,1083,119 5. A person that is pursuing a contract with the board under s. 118.40 (2m) to
10operate a school as a charter school that is not an instrumentality of the school
11district.

SB21-SSA1,1083,1412 6. An entity or organization that has entered into a written agreement with any
13of the operators identified in subds. 1. to 4. to purchase or lease a building within
14which the operator identified in subds. 1. to 4. will operate a school.

SB21-SSA1,1083,1615 (b) "Eligible school building" means a school building in the school district
16operating under this chapter that satisfies any of the following:

SB21-SSA1,1083,2017 1. The school building has been designated as surplus, underutilized, or vacant
18on any resolution adopted within the previous 5 years by the board, and the board
19is unable to demonstrate that the school building is no longer surplus, underutilized,
20or vacant.

SB21-SSA1,1083,2421 2. The school building has been unused or satisfies any condition qualifying the
22building as an underutilized school building for a period of 12 consecutive months,
23including the 12 months preceding the effective date of this subdivision .... [LRB
24inserts date].

SB21-SSA1,1084,2

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1(c) "Underutilized school building" means a school building that satisfies any
2of the following:

SB21-SSA1,1084,43 1. Less than 40 percent of the capacity of the school building is used for
4instruction of pupils on a daily, school day basis if any of the following applies:

SB21-SSA1,1084,95 a. The school building is not part of an active expansion plan. In this subd. 1.
6a., an "active expansion plan" is one in which the board can demonstrate to the
7common council that expansion of pupil enrollment will occur in the school year
8following the school year in which less than 40 percent of the capacity of the building
9is used in the manner described in subd. 1. (intro.).

SB21-SSA1,1084,1210 b. Pupil enrollment in the school has declined in at least 2 of the 3 school years
11immediately preceding the school year in which less than 40 percent of the capacity
12of the building is used in the manner described in subd. 1. (intro.).

SB21-SSA1,1084,2013 c. The school was placed in one of the 2 lowest performance categories on the
14accountability report published for the school under s. 115.385 (1) for the school year
15in which less than 40 percent of the capacity of the building is used in the manner
16described in subd. 1. (intro.) and all of the following apply: the school building is
17located within 5 miles of another school building of the school district; that other
18school building serves the same or similar grade levels; and no more than 60 percent
19of the capacity of that other school building available for the instruction of pupils is
20being used in that other school building.

SB21-SSA1,1084,2221 2. a. Subject to subd. 2. b., the school building is not staffed on a full-time basis
22by a principal and instructional staff assigned exclusively to the school building.

SB21-SSA1,1085,223 b. A school building that is staffed on a full-time basis by instructional staff
24assigned exclusively to the school building is not an underutilized school building

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1under this paragraph if the principal of the school also serves as the principal of
2another school.

SB21-SSA1,1085,53 3. The number of hours of pupil instruction offered in the school building in the
4previous school year was less than 80 percent of the number of hours of pupil
5instruction required to be scheduled under s. 121.02 (1) (f) 2.

SB21-SSA1,1085,11 6(2) (a) No later than 30 days after the effective date of this paragraph .... [LRB
7inserts date], and annually thereafter, the board shall prepare an inventory of all
8school buildings in the school district operating under this chapter. The board shall
9sort the information in the inventory by the use of the building at the time the report
10is prepared and shall include all of the following for each school building in the
11district:

SB21-SSA1,1085,1312 1. The total square footage of and the number of classrooms in the school
13building.

SB21-SSA1,1085,1414 2. The portion of the total square footage being used for direct pupil instruction.

SB21-SSA1,1085,1615 3. The number of pupils the school building can accommodate and the number
16of pupils receiving instruction in the school building.

SB21-SSA1,1085,1817 4. The name of the principal and the number of full-time instructional staff
18assigned to the school.

SB21-SSA1,1085,2119 5. For any school building not being used for direct pupil instruction, the
20manner in which the school building is being used, including whether the building
21is vacant or is being used for administration, storage, or professional development.

SB21-SSA1,1085,2322 6. The duration over the past 36 months that the school building has been used
23in the manner identified under subd. 2. or 5.

SB21-SSA1,1086,3

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17. Whether the board has designated the school building as surplus,
2underutilized, or vacant on any resolution adopted by the board within the previous
35 years.

SB21-SSA1,1086,54 8. Facility condition index information, including estimated short-term and
5long-term maintenance costs of the school building.

SB21-SSA1,1086,86 (b) The board shall submit a copy of the inventory required under par. (a) to the
7commissioner, the superintendent of schools, the city clerk, the department, and the
8joint committee on finance.

SB21-SSA1,1086,129 (c) In addition to the inventory required under par. (a), the board shall annually
10notify the commissioner, the superintendent of schools, the city clerk, the
11department, and the joint committee on finance any time a change is made to the use
12of a school building.

SB21-SSA1,1086,18 13(3) (a) If, within 60 days after receipt of the inventory required under sub. (2)
14(a) or of a notice under sub. (2) (c), either the commissioner or the superintendent of
15schools submits a letter of interest regarding an eligible school building, the common
16council shall immediately proceed to add the commissioner or the superintendent of
17schools, respectively, as an agent of the board on any existing lease for the eligible
18school building between the common council and the board.

SB21-SSA1,1087,319 (b) If, no more than 60 days after providing the commissioner and the
20superintendent of schools with a copy of the inventory under sub. (2) (a) or of a notice
21under sub. (2) (c), neither the commissioner nor the superintendent of schools has
22submitted a letter of interest under par. (a), the city clerk shall post a public notice
23on the city's Internet site. The city clerk shall include in the public notice under this
24subsection the address of and the information specified under sub. (2) (a) 1. and 8.
25for each school building identified on the inventory under sub. (2) (a), or on the notice

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1under sub. (2) (c), that is an eligible school building. The city clerk shall include in
2the public notice a request for and instructions for submitting letters of interest from
3persons interested in purchasing an eligible school building.

SB21-SSA1,1087,9 4(4) (a) The common council may designate a person to act as the agent of the
5city with respect to the sale of an eligible school building. Except as provided in par.
6(e), only education operators may purchase an eligible school building. An education
7operator may submit a letter of interest as provided in the public notice under sub.
8(3) to notify the common council or its agent of its interest in purchasing an eligible
9school building.

SB21-SSA1,1087,1910 (b) Upon receipt of a letter of interest under par. (a) or sub. (3) (a), the city clerk
11shall update that portion of the city's Internet site containing information about the
12eligible school building to indicate that a letter of interest has been received and that
13other interested education operators may, within 28 days from the date of the update,
14submit a letter of interest to notify the common council or its agent of its interest in
15purchasing the eligible school building. If, at the end of the 28-day period, no other
16letters of interest in purchasing the eligible school building have been received, the
17city shall proceed under par. (c). If, within the 28-day period, one or more other
18letters of interest in purchasing the eligible school building have been received, the
19city shall proceed under par. (d).

SB21-SSA1,1087,2220 (c) Except as provided in par. (d), no later than 60 days after the first business
21day after the end of the 28-day period under par. (b), the common council or its agent
22shall do all of the following:

SB21-SSA1,1087,2423 1. Determine whether the prospective buyer is an education operator under
24sub. (1) (a).

SB21-SSA1,1088,2

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12. Make information about the eligible school building available and show the
2eligible school building to the education operator.

SB21-SSA1,1088,33 3. Consider the financial capability of the education operator.

SB21-SSA1,1088,84 4. Negotiate a reasonable purchase price and terms with the education
5operator. The common council may not require the education operator to make a
6payment in lieu of property taxation or to pay a similar fee as a condition of the sale
7of the eligible school building. The purchase price shall be based upon either of the
8following:

SB21-SSA1,1088,139 a. The purchase price paid for other comparable school buildings sold within
10the previous 5 years, with adjustments to the purchase price made by taking into
11consideration the useable square footage, age, condition, and location of the eligible
12school building and any other pertinent information about the eligible school
13building and the school building or buildings used for purposes of comparison.

SB21-SSA1,1088,1514 b. An appraisal prepared for the eligible school building that includes the
15purchase price paid for comparable buildings, if available.

SB21-SSA1,1088,1816 5. Complete the sale of the eligible school building in accordance with standard
17city practices. The common council or its agent may condition closing on any of the
18following:

SB21-SSA1,1088,2019 a. Proof of financing for the purchase and any improvements proposed for the
20eligible school building.

SB21-SSA1,1088,2421 b. Inclusion of a reversionary clause permitting the common council to
22recapture a building that remains unoccupied 24 months after the date of closing due
23to a failure of the purchaser to complete improvements proposed for the eligible
24school building.

SB21-SSA1,1089,11

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1(d) If, within 28 days after an education operator submits a letter of interest
2under par. (a), at least one other education operator submits a letter of interest under
3par. (a) or (b), the common council shall, within 50 days after the other education
4operator submits a letter of interest, initiate a competitive, request-for-proposal
5process and shall identify members of a committee to select the most suitable buyer
6of the eligible school building. Once the most suitable buyer is selected, the common
7council shall proceed with the selected prospective buyer as required under par. (c)
81. to 5. In evaluating proposals submitted under this paragraph, the committee
9selected by the common council may not consider the organizational status of the
10education operator nor the type of school proposed to be located in the eligible school
11building, but shall consider all of the following:

SB21-SSA1,1089,1312 1. The nature of any improvements proposed for, and the amount of any
13investment in, the school building.

SB21-SSA1,1089,1414 2. The quality of the design proposed for the school building.

SB21-SSA1,1089,1515 3. The fiscal capability of the education operator.

SB21-SSA1,1089,1916 (e) Any person may submit a letter of interest to purchase a school building that
17has qualified as an eligible school building for more than 24 consecutive months.
18Upon receipt of a letter of interest under this paragraph, the common council shall
19proceed with the prospective buyer as required under par. (c) 2., 3., 4., and 5.

SB21-SSA1,1089,21 20(5) If any eligible school building is sold as provided in this section, the net
21proceeds of the sale shall be deposited into the school operations fund under s. 119.46.