LRB-4446/1
MJL:jlg:lp
1997 - 1998 LEGISLATURE
December 17, 1997 - Introduced by Senators Darling, Weeden, Farrow, Huelsman,
Welch and Roessler, cosponsored by Representatives Olsen, Underheim,
Duff, Gard, Albers, Ott, Ainsworth, Johnsrud, Grothman, Owens,
Brandemuehl, Walker, Ladwig, Vrakas and Jeskewitz. Referred to
Committee on Education.
SB383,1,3
1An Act to repeal 118.40 (3) (d) and 118.40 (7) (a); and
to amend 116.032 (1),
2116.08 (4), 118.40 (1m) (b) 7., 118.40 (2m) (a) and 118.40 (3) (c) of the statutes;
3relating to: charter schools.
Analysis by the Legislative Reference Bureau
Under current law, a charter school is exempt from most laws governing public
schools. A charter school may be established by filing a petition with a school district
requesting the school board to enter into a contract with an individual or group to
establish and operate a charter school or by a school board's initiating such a
contract. A school board may not enter into a contract for the establishment of a
charter school outside the school district unless 2 or more school boards enter into
such an agreement, in which case the charter school must be located in one of the
school districts. In addition, current law authorizes 3 Milwaukee entities, the city
of Milwaukee, the University of Wisconsin-Milwaukee (UW-Milwaukee) and the
Milwaukee Area Technical College (MATC), to initiate a contract with an individual
or group to operate a school as a charter school or to establish and independently
operate charter schools. This bill authorizes a school board to contract with an
individual, partnership, association or politic or corporate body to operate a school
as a charter school. The bill also provides that if, one or more school boards contracts
with the board of control of a cooperative educational service agency (CESA) to
operate a charter school, the charter school must be located within the CESA.
Current law generally provides that a charter school is an instrumentality of
the school district in which it is located, and the school board of that school district
must employ all personnel for the charter school. If a charter school is established
by Milwaukee Public Schools (MPS) initiative, the MPS board must determine
whether the charter school is an instrumentality of MPS. If the MPS board
determines that the charter school is an instrumentality of MPS, then the MPS board
must employ all personnel for the charter school; if the MPS board determines that
the charter school is not an instrumentality of MPS, then the MPS board may not
hire any personnel for the charter school. If the city of Milwaukee contracts with an
individual or group operating for profit to operate a school as a charter school, that
charter school is an instrumentality of MPS and MPS must hire all personnel for the
charter schools. Any other charter school established by one of the Milwaukee
entities or a private school located in MPS that is converted to a charter school is not
an instrumentality of MPS, and the MPS board may not hire any personnel for that
charter school.
This bill repeals the "instrumentality" provision that pertains to charter
schools that are not located in MPS.
Current law prohibits a school board, other than the MPS board, from entering
into a contract that would result in the conversion of a private school to a charter
school. This bill prohibits any school board, other than the MPS board, from entering
into a contract that would result in the conversion of a private, sectarian school to
a charter school.
Current law requires school boards and the Milwaukee entities to give
preference in awarding contracts for operating charter schools to those charter
schools that serve children at risk. This bill eliminates this requirement.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB383, s. 1
1Section
1. 116.032 (1) of the statutes is amended to read:
SB383,2,72
116.032
(1) Subject to subs. (2) to (5), for the purpose of providing services to
3pupils a board of control may contract with school districts, University of Wisconsin
4System institutions and centers, technical college district boards, private schools,
5and agencies or organizations that provide services to pupils.
A board of control may
6also contract with one or more school boards to operate a charter school under s.
7118.40 (3) (c).
SB383, s. 2
8Section
2. 116.08 (4) of the statutes is amended to read:
SB383,3,10
1116.08
(4) Whenever Except for the operation of a charter school under s.
2118.40 (3) (c), whenever an agency performs any service or function under chs. 115
3to 121 by contract with a county board or any agency thereof, with a school board or
4with a county handicapped children's education board, the contract may authorize
5the agency to make claim for and receive the state aid for performing the service or
6function. The agency shall transmit a certified copy of the contract containing the
7authority to collect state aid to the department. When an agency receives the state
8aid, it shall pay over or credit the amount of state aid received to the proper county
9or agency thereof, school district or county handicapped children's education board
10for which the service or function was performed according to the contract therefor.
SB383,3,1513
118.40
(1m) (b) 7. Subject to sub. (7)
(a) and (am) and ss. 118.19 (1) and 121.02
14(1) (a) 2., the qualifications that must be met by the individuals to be employed in the
15school.
SB383, s. 4
16Section
4. 118.40 (2m) (a) of the statutes is amended to read:
SB383,3,2017
118.40
(2m) (a) A school board may on its own initiative contract with
an
18individual or group a person to operate a school as a charter school. The contract
19shall include all of the provisions specified under sub. (1m) (b) and may include other
20provisions agreed to by the parties.
SB383, s. 5
21Section
5. 118.40 (3) (c) of the statutes is amended to read:
SB383,4,622
118.40
(3) (c) A school board may not enter into a contract for the establishment
23of a charter school located outside the school district, except that if 2 or more school
24boards enter into an agreement under s. 66.30 to establish a charter school, the
25charter school shall be located within one of the school districts
, and if one or more
1school boards enter into an agreement with the board of control of a cooperative
2educational service agency to establish a charter school, the charter school shall be
3located within the boundaries of the cooperative educational service agency. A school
4board, other than the school board of the school district operating under ch. 119, may
5not enter into a contract that would result in the conversion of a private
, sectarian 6school to a charter school.
SB383,4,1312
(1) The treatment of section 118.40 (7) (a) of the statutes first applies to the legal
13status of charter schools that are established on the effective date of this subsection.
