AB150, s. 3970 20Section 3970. 118.255 (5) of the statutes is created to read:
AB150,1390,2321 118.255 (5) Notwithstanding sub. (4), beginning in the 1996-97 school year the
22department shall certify to the department of revenue and aid shall be paid from the
23appropriation under s. 20.835 (7) (b).
AB150, s. 3971 24Section 3971. 118.30 (1) (a) of the statutes is renumbered 118.30 (1) (intro.)
25and amended to read:
AB150,1391,5
1118.30 (1) (intro.) The state superintendent shall adopt or approve
2examinations that are designed to measure pupil attainment of knowledge in the
34th, 8th and 10th grades and reimburse school districts for the costs of the
4examinations. Except as otherwise provided in this section, beginning in the
51993-94 school year,
the school board shall administer do all of the following:
AB150,1391,8 6(a) Administer the examinations 8th grade examination annually to all pupils
7enrolled in the school district, including pupils enrolled in charter schools located in
8the school district, in the 8th and 10th grades grade.
AB150, s. 3972 9Section 3972. 118.30 (1) (b) of the statutes is repealed and recreated to read:
AB150,1391,1210 118.30 (1) (b) Administer the 10th grade examination annually to all pupils
11enrolled in the school district, including pupils enrolled in charter schools located in
12the school district, in the 10th grade.
AB150, s. 3973 13Section 3973. 118.30 (1) (c) of the statutes is created to read:
AB150,1391,1614 118.30 (1) (c) Beginning in the 1996-97 school year, administer the 4th grade
15examination annually to all pupils enrolled in the school district, including pupils
16enrolled in charter schools located in the school district, in the 4th grade.
AB150, s. 3974 17Section 3974. 118.30 (2) (b) 3. of the statutes is amended to read:
AB150,1391,2418 118.30 (2) (b) 3. Annually, the school board shall notify the parent or guardian
19of each pupil enrolled in the 8th and 10th grades in the school district who is required
20to take an examination administered under this section
, including pupils enrolled
21in charter schools located in the school district, that he or she may request the school
22board to excuse the pupil from taking an the examination administered under this
23section
. Upon the request of a pupil's parent or guardian, the school board shall
24excuse the pupil from taking an the examination administered under this section.
AB150, s. 3975 25Section 3975. 118.33 (3m) of the statutes is amended to read:
AB150,1392,5
1118.33 (3m) A course taken at a technical college by a child attending the school
2part-time or in lieu of high school under s. 118.15 (1) (b), or attending the school
3under s. 118.15 (1) (cm),
does not fulfill any of the high school graduation
4requirements under sub. (1) (a) unless the state superintendent has approved the
5course for that purpose.
AB150, s. 3976 6Section 3976. 118.37 (title) of the statutes is renumbered 118.55 (title).
AB150, s. 3977 7Section 3977. 118.37 (1) (title) of the statutes is repealed.
AB150, s. 3978 8Section 3978. 118.37 (1) of the statutes is renumbered 118.50 (3) and amended
9to read:
AB150,1392,1210 118.50 (3) In this section, "institution "Institution of higher education" means
11a center or institution within the university of Wisconsin system, a technical college
12or a private, nonprofit institution of higher education located in this state.
AB150, s. 3979 13Section 3979. 118.37 (2) to (8) of the statutes are renumbered 118.55 (2) to (8),
14and 118.55 (3) (b), (3m) (b) and (7g), as renumbered, are amended to read:
AB150,1393,415 118.55 (3) (b) If the pupil specifies in the notice under par. (a) that he or she
16intends to take a course at an institution of higher education for high school credit,
17the school board shall determine whether the course is comparable to a course offered
18in the school district, and whether the course satisfies any of the high school
19graduation requirements under s. 118.33 and the number of high school credits to
20award the pupil for the course, if any. The state superintendent department shall
21develop guidelines to assist school districts in making the determinations. The
22school board shall notify the pupil of its determinations, in writing, before the end
23of the semester in which it received the notice under par. (a). If the pupil disagrees
24with the school board's decision regarding comparability of courses, satisfaction of
25high school graduation requirements or the number of high school credits to be

1awarded, the pupil may appeal the school board's decision to the state
2superintendent
department within 30 days after the decision. The state
3superintendent's
department's decision shall be final and is not subject to review
4under subch. III of ch. 227.
AB150,1393,7 5(3m) (b) The state superintendent department may waive the requirement
6under par. (a) if he or she the department determines that the requirement would
7impose too great a cost because of the lack of equipment or space.
AB150,1393,18 8(7g) Transportation. The parent or guardian of a pupil who is attending an
9institution of higher education under this section and is taking a course for high
10school credit that is not comparable to a course offered in the school district may
11apply to the state superintendent for reimbursement of the cost of transporting the
12pupil between the high school in which the pupil is enrolled and the institution of
13higher education that the pupil is attending if the pupil and the pupil's parent or
14guardian
are unable to pay the cost of such transportation. The state superintendent
15shall determine the reimbursement amount and shall pay the amount from the
16appropriation under s. 20.255 (2) (cw). The state superintendent shall give
17preference under this subsection to those pupils who are eligible for a free or
18reduced-price lunch under 42 USC 1758 (b).
AB150, s. 3980 19Section 3980. 118.37 (9) of the statutes is repealed.
AB150, s. 3981 20Section 3981. 118.38 of the statutes is created to read:
AB150,1393,25 21118.38 Waivers of laws and rules. (1) (a) A school board may request the
22department to waive any school board or school district requirement in chs. 115 to
23121 or in the administrative rules promulgated by the department under the
24authority of those chapters, except for statutes or rules related to any of the
25following:
AB150,1394,1
11. The health or safety of pupils.
AB150,1394,22 2. Pupil discrimination under s. 118.13.
AB150,1394,43 3. The pupil assessment program under s. 118.30 and the standardized reading
4test required under s. 121.02 (1) (r).
AB150,1394,55 4. Pupil records under s. 118.125.
AB150,1394,66 5. The collection of data by the department.
AB150,1394,87 6. The uniform financial fund accounting system under ss. 115.28 (13) and
8115.30 (1) and audits of school district accounts under s. 120.14.
AB150,1394,99 7. Licensure or certification under s. 115.28 (7) or (7m).
AB150,1394,1110 (b) Before requesting a waiver, the school board shall hold a public hearing in
11the school district on the request.
AB150,1394,13 12(2) In determining whether to grant the waiver, the department shall consider
13all of the following:
AB150,1394,1514 (a) Whether the requirement impedes progress toward achieving a local
15improvement plan developed under sec. 309 (a) (3) of P.L. 103-227.
AB150,1394,1716 (b) Whether the school board has adopted educational goals for the school
17district.
AB150,1394,21 18(3) A waiver is effective for 4 years. The department shall renew the waiver
19for additional 4-year periods, except that the department is not required to renew
20a waiver if department determines that the school district is not making adequate
21progress toward improving pupil academic performance.
AB150, s. 3982 22Section 3982. 118.39 of the statutes is created to read:
AB150,1395,2 23118.39 Performance recognition plans. (1) A school board may adopt a
24performance recognition plan that annually allocates at least 2% of its total payroll,
25excluding the cost of fringe benefits, for performance recognition awards to school

1district employes. The school board shall determine which categories of school
2district employes are eligible for such awards.
AB150,1395,4 3(2) (a) If a school board adopts a performance recognition plan under this
4section, it shall establish all of the following committees:
AB150,1395,55 1. A committee to develop employe performance standards.
AB150,1395,86 2. A committee to develop a process to review employe performance, and to
7review and make recommendations regarding award recipients and the amount of
8each award.
AB150,1395,119 (b) The committees established under par. (a) shall be composed of an equal
10number of employes, school administrators, and parents or guardians of pupils
11enrolled in the school district, and shall be appointed or elected as follows:
AB150,1395,1212 1. The school board shall appoint school administrators and parents.
AB150,1395,2213 2. The school board shall afford the school district employes the opportunity to
14participate in an election of employe representatives. The department shall
15promulgate rules prescribing procedures for conducting such elections. If any
16portion of the employes is represented by a representative that is recognized or
17certified under subch. IV of ch. 111 to represent those employes, the school board
18shall, in lieu of permitting those employes to elect employe representatives, afford
19the representative the opportunity to appoint employe representatives. Appointed
20representatives shall be in the same proportion as the number of employes
21represented by the representative bears to the total number of school district
22employes.
AB150,1395,23 23(3) Annually, the school board shall do all of the following:
AB150,1395,2524 (a) Provide a copy of the employe performance standards developed by the
25committee under sub. (2) (a) 1. to each school district employe.
AB150,1396,4
1(b) Notify the parent or guardian of each pupil enrolled in the school district
2that the school board has adopted a performance recognition plan and encourage
3parents and guardians to submit comments on employe performance to the school
4district administrator.
AB150,1396,55 (c) Submit a copy of its performance recognition plan to the department.
AB150,1396,12 6(4) After considering comments submitted by parents under sub. (3) (b), the
7committee established under sub. (2) (a) 2. shall make its recommendations to the
8principal of each school. The principal shall determine award recipients and the
9amount of each award, subject to the total amount allocated to the school by the
10committee. If the principal's decisions differ in any way from the committee's
11recommendations, the principal shall provide the committee and the school board
12with a written explanation.
AB150,1396,16 13(5) (a) Upon request of any school district employe, the school board shall
14provide the employe with a private conference with the school board. The principal
15shall attend the conference and, upon request, shall explain the rationale for the
16performance recognition decision that affects that employe.
AB150,1396,1917 (b) Annually, the school board shall submit to the department a report
18specifying the number of private conferences requested under par. (a) and
19summarizing any changes in performance recognition awards made as a result.
AB150,1396,21 20(6) The information and materials relating to an individual employe's
21performance review are not subject to public inspection under s. 19.35 (1).
AB150, s. 3983 22Section 3983. 118.40 (1) of the statutes is repealed.
AB150, s. 3984 23Section 3984. 118.40 (1m) (b) 7. of the statutes is amended to read:
AB150,1396,2524 118.40 (1m) (b) 7. Subject to sub. (7) (a) and ss. 118.19 (1) and 121.02 (1) (a) 2.,
25the qualifications that must be met by the individuals to be employed in the school.
AB150, s. 3985
1Section 3985. 118.40 (2) (a) of the statutes is amended to read:
AB150,1397,62 118.40 (2) (a) If a school board has received approval under sub. (1), within
3Within 30 days after receiving a petition under sub. (1m) the school board shall hold
4a public hearing on the petition. At the hearing, the school board shall consider the
5level of employe and parental support for the establishment of the charter school
6described in the petition. After the hearing, the school board may grant the petition.
AB150, s. 3986 7Section 3986. 118.40 (2) (b) (intro.) of the statutes is amended to read:
AB150,1397,108 118.40 (2) (b) (intro.) Subject to sub. (1), a A school board may grant a petition
9that would result in the conversion of all of the public schools in the school district
10to charter schools if all of the following apply:
AB150, s. 3987 11Section 3987. 118.40 (2m) (a) of the statutes is amended to read:
AB150,1397,1512 118.40 (2m) (a) If a school board has received approval under sub. (1), the A
13school board may on its own initiative contract with an individual or group to operate
14a school as a charter school. The contract shall include all of the provisions specified
15under sub. (1m) (b) and may include other provisions agreed to by the parties.
AB150, s. 3988 16Section 3988. 118.40 (3) (b) of the statutes is amended to read:
AB150,1397,2317 118.40 (3) (b) A contract under par. (a) or under sub. (2m) may be for any term
18not exceeding 5 school years and may be renewed for one or more terms not exceeding
195 school years. The contract shall specify the amount to be paid by the school board
20to the charter school during each school year of the contract. In any school year, the
21school board may not spend on average more per pupil enrolled in the charter school
22than the school board spends on average per pupil enrolled in the public schools,
23excluding charter schools, as determined by the state superintendent.
AB150, s. 3989 24Section 3989. 118.40 (3) (c) of the statutes is amended to read:
AB150,1398,3
1118.40 (3) (c) A school board may not enter into a contract for the establishment
2of a charter school located outside the school district or a contract that would result
3in the conversion of a private school to a charter school
.
AB150, s. 3990 4Section 3990. 118.40 (3m) of the statutes is repealed.
AB150, s. 3991 5Section 3991. 118.40 (4) (a) 2. of the statutes is amended to read:
AB150,1398,96 118.40 (4) (a) 2. Be nonsectarian in its programs, admissions policies,
7employment practices and all other operations. This subdivision does not apply to
8any charter school established by the board of school directors in charge of the public
9schools of a 1st class city.
AB150, s. 3992 10Section 3992. 118.40 (7) (title) of the statutes is amended to read:
AB150,1398,1111 118.40 (7) (title) Legal status; applicability Applicability of school laws.
AB150, s. 3993 12Section 3993. 118.40 (7) (a) of the statutes is repealed.
AB150, s. 3994 13Section 3994. 118.40 (7) (b) of the statutes is renumbered 118.40 (7).
AB150, s. 3995 14Section 3995. Subchapter II of chapter 118 [precedes 118.50] of the statutes
15is created to read:
AB150,1398,1616 Chapter 118
AB150,1398,1817 Subchapter II
18 Enrollment options programs
AB150,1398,19 19118.50 Definitions. In this subchapter:
AB150,1398,20 20(1) "Attendance area" has the meaning given in s. 121.845 (1).
AB150,1398,21 21(4) "Parent" includes a guardian.
AB150,1399,11 22118.51 Interdistrict school choice. (1) Applicability; application
23procedures.
(a) Beginning in the 1996-97 school year, a pupil may attend a public
24school, including a prekindergarten, early childhood or school-operated day care
25program, outside his or her school district of residence under this section. The pupil's

1parent shall submit an application, on a form provided by the state superintendent,
2to the school board of the school district that the pupil wishes to attend by February
31 of the school year immediately preceding the school year in which he or she wishes
4to attend, and shall send a copy of the application to the school board of the school
5district of residence. The application may include a request to attend a specific
6school or program offered by the school district. By April 1 following receipt of the
7application, the school board shall notify the applicant, in writing, whether the
8application has been accepted. If the school board rejects an application, it shall
9include in the notice the reason for the rejection. By May 1 following receipt of a
10notice of acceptance, the pupil's parent shall notify the school board of the pupil's
11intent to attend school in the school district in the following school year.
AB150,1399,1612 (am) A school board may not act on any application received under par. (a) until
13after February 1. A school board shall act on applications in the order in which they
14were received, except that if a school board receives more applications for a
15particular grade or program than there are spaces available in the grade or program
16the school board shall determine which pupils to accept on a random basis.
AB150,1399,2017 (b) Annually by May 15, each school board of a school district that has accepted
18nonresident pupils under this section shall notify the school board of the school
19district of residence of the names of the pupils from the latter school district who will
20be attending the former school district in the following school year.
AB150,1400,521 (c) 1. If a pupil's parent notifies the school board of a nonresident school district
22that the pupil intends to attend school in that school district in the following school
23year under par. (a), the pupil shall attend that school district in the following school
24year. If at any time the pupil wishes to reattend school in his or her school district
25of residence, the pupil's parent shall notify the school boards of the school districts

1of residence and of attendance by February 1 preceding the school year in which the
2pupil will begin reattending the school district of residence. If at any time the pupil
3wishes to attend school in a school district other than the school district that he or
4she is currently attending or his or her school district of residence, the pupil's parent
5shall follow the application procedure under par. (a).
AB150,1400,86 2. Notwithstanding subd. 1., a pupil attending school outside his or her school
7district of residence under this section may reattend school in his or her school
8district of residence at any time if the school boards of both school districts agree.
AB150,1400,12 9(2) Acceptance criteria. (a) By December 1, 1995, each school board shall
10adopt a resolution specifying criteria for accepting and rejecting applications. If the
11school board wishes to revise the criteria, it shall do so by resolution. The criteria
12may include any of the following:
AB150,1400,1513 1. The availability of space in the school, program, class or grade. The school
14board may give preference in attendance at a school, program, class or grade to
15residents of the school district who live outside the school's attendance area.
AB150,1400,1716 2. Whether the pupil is involved in a disciplinary proceeding, as determined by
17the school board of the school district to which the pupil has applied.
AB150,1400,2118 (am) The criteria may not include academic achievement, athletic or other
19special ability, English language proficiency, the presence of a physical, mental,
20emotional or learning disability, previous disciplinary proceedings or anything else
21not specified in par. (a) 1. and 2., except as provided under par. (b).
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