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).

AB150,1393,25 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.

AB150,1395,2 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).

AB150,1396,2524 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.

AB150,1397,62 118.40 (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.

AB150,1397,108 118.40 (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:

AB150,1397,1512 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.

AB150,1397,2317 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.

AB150,1398,3

---

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.

AB150,1398,96 118.40 (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.

AB150,1398,1111 118.40 (7) (title) Legal status; applicability Applicability of school laws.

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).

AB150,1400,2522 (b) 1. A school board shall reject an application if acceptance would violate a
23court-ordered plan, or a plan established under s. 121.85 (4), to reduce racial
24imbalance in the school district, or would be harmful to the efforts of the school board
25to achieve racial balance in the school district under s. 121.85 or 121.86.

AB150,1401,2

---

12. A school board shall give preference in accepting applications to siblings of
2pupils who are already attending public school in the school district.

AB150,1401,53 (c) 1. A school board may prohibit a resident pupil from attending school in
4another school district under this section if the school board determines that the
5pupil is involved in a disciplinary proceeding.

AB150,1401,106 2. A school board shall prohibit a resident pupil from attending school in
7another school district under this section if allowing such attendance would violate
8a court-ordered plan, or a plan established under s. 121.85 (4), to reduce racial
9imbalance in the school district, or would be harmful to the efforts of the school board
10to achieve racial balance in the school district under s. 121.85 or 121.86.

AB150,1401,1511 3. In the 1996-97 school year, the school board of the school district of residence
12may limit the number of resident pupils attending public school in other school
13districts to 5% of its membership. In the 1997-98 school year, the school board of the
14school district of residence may limit the number of resident pupils attending public
15school in other school districts to 10% of its enrollment.

AB150,1401,20 16(3) Appeal of rejection. If an application is rejected under sub. (1) (a) or a pupil
17is prohibited from attending school in another school district under sub. (2) (c), the
18pupil's parent may appeal the decision to the department within 30 days after the
19decision. The department's decision is final and is not subject to judicial review
20under subch. III of ch. 227.

AB150,1401,24 21(4) Rights and privileges of nonresident pupils. A pupil attending a public
22school outside of his or her school district of residence under this section has all of
23the rights and privileges of resident pupils and is subject to the same rules and
24regulations as resident pupils.

AB150,1402,3

---

1(6) Transportation. The parent of a pupil attending a public school outside of
2the pupil's school district of residence under this section is responsible for
3transporting the pupil to and from school.

AB150,1402,11 4(7) Tuition. The school board of the school district of residence shall pay to the
5school board of the school district of attendance, for each pupil attending a public
6school outside of his or her school district of residence under this section, tuition
7calculated under s. 121.83 for either the school district of residence or the school
8district of attendance, whichever is lower, or an amount agreed to by the school
9boards of the 2 school districts. The amount to be paid and a payment schedule shall
10be specified in a written agreement. If the school boards cannot agree on the amount
11of tuition, the state superintendent shall determine the amount.

AB150,1402,15 12(8) Information. Each school board shall provide information about its schools
13and programs in the format and manner prescribed by the state superintendent. The
14school board may not provide information in a manner that is designed to recruit
15nonresident pupils to attend the school district under this section.

AB150,1402,19 16118.52 Interdistrict enrollment options. (1) Beginning in the 1996-97
17school year, a pupil enrolled in a public school may attend a public school outside his
18or her school district of residence under this section for the purpose of taking one or
19more courses offered by the other school district, if all of the following apply:

AB150,1402,2120 (a) The pupil continues to attend public school in his or her school district of
21residence for at least one course.

AB150,1402,2322 (b) The school board of the other school district determines that there is space
23available in the course or courses.

AB150,1402,2524 (c) The school board of the school district of residence determines that it does
25not offer, or have space available in, a comparable course or courses.

AB150,1403,3

---

1(d) If the courses are offered in the high school grades, the school board of
2residence determines that the courses satisfy high school graduation requirements
3under s. 118.33 in that school district.

AB150,1403,54 (e) The pupil meets all of the prerequisites for the course or courses that apply
5to pupils who reside in the other school district.

AB150,1403,8 6(2) Section 118.51 (1) to (4) applies to pupils under this section, except that if
7the school board of the other school district accepts the application the acceptance
8applies only for the following school year.

AB150,1403,11 9(3) The parent of a pupil attending a public school outside of the pupil's school
10district of residence under this section is responsible for transporting the pupil to and
11from the course or courses that the pupil is attending.

AB150,1403,16 12(4) The school board of the school district of residence shall pay to the school
13board of the other school district for each pupil attending one or more courses at a
14public school outside of his or her school district of residence under this section an
15amount equal to the cost of providing the course or courses to the pupil, calculated
16as determined by the state superintendent.