SB22, s. 9 25Section 9. 40.02 (36) of the statutes is amended to read:
SB22,6,12
140.02 (36) "Governing body" means the legislature or the head of each state
2agency with respect to employees of that agency for the state, the common council
3in cities, the village board in villages, the town board in towns, the county board in
4counties, the school board in school districts, or the board, commission or other
5governing body having the final authority for any other unit of government, for any
6agency or instrumentality of 2 or more units of government, for any federated public
7library system established under s. 43.19 whose territory lies within a single county
8with a population of 500,000 or more, for a local exposition district created under
9subch. II of ch. 229, for a charter school under contract with a school board or with
10an entity specified in s. 118.40 (2r) (b) 1.,
or for a long-term care district created
11under s. 46.2895, but does not include a local cultural arts district created under
12subch. V of ch. 229.
SB22, s. 10 13Section 10. 40.51 (1) of the statutes is amended to read:
SB22,6,1714 40.51 (1) The procedures and provisions pertaining to enrollment, premium
15transmitted and coverage of eligible employees and employees eligible for health
16care coverage under s. 40.515
for health care benefits shall be established by contract
17or rule except as otherwise specifically provided by this chapter.
SB22, s. 11 18Section 11. 40.515 of the statutes is created to read:
SB22,7,2 1940.515 Health care coverage for individuals employed by charter
20school governing boards.
Beginning on the January 1 that first occurs after the
21effective date of this subsection .... [LRB inserts date], any charter school governing
22board operating a charter school under contract with the charter school authorizing
23board may elect coverage for its employees under any health care coverage plan
24offered to local government employees under s. 40.51 (7), during any applicable

1enrollment period, subject to any conditions established by contract or by rule under
2s. 40.51 (1).
SB22, s. 12 3Section 12. 111.81 (7) (f) of the statutes is amended to read:
SB22,7,64 111.81 (7) (f) Instructional staff employed by the board of regents of the
5University of Wisconsin System who provide services for a charter school established
6by contract under s. 118.40 (2r) (cm), 2009 stats.
SB22, s. 13 7Section 13. 111.815 (1) of the statutes is amended to read:
SB22,8,98 111.815 (1) In the furtherance of this subchapter, the state shall be considered
9as a single employer and employment relations policies and practices throughout the
10state service shall be as consistent as practicable. The office shall negotiate and
11administer collective bargaining agreements except that the department of health
12services, subject to the approval of the federal centers for medicare and medicaid
13services to use collective bargaining as the method of setting rates for
14reimbursement of home care providers, shall negotiate and administer collective
15bargaining agreements entered into with the collective bargaining unit specified in
16s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements,
17the office, or the department of health services with regard to collective bargaining
18agreements entered into with the collective bargaining unit specified in s. 111.825
19(2g), shall maintain close liaison with the legislature relative to the negotiation of
20agreements and the fiscal ramifications of those agreements. Except with respect
21to the collective bargaining units specified in s. 111.825 (1m), (2) (f), and (2g), the
22office is responsible for the employer functions of the executive branch under this
23subchapter, and shall coordinate its collective bargaining activities with operating
24state agencies on matters of agency concern. The legislative branch shall act upon
25those portions of tentative agreements negotiated by the office that require

1legislative action. With respect to the collective bargaining units specified in s.
2111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible
3for the employer functions under this subchapter. With respect to the collective
4bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter
5school established by contract under s. 118.40 (2r) (cm), 2009 stats., is responsible
6for the employer functions under this subchapter. With respect to the collective
7bargaining unit specified in s. 111.825 (2g), the department of health services is
8responsible for the employer functions of the executive branch under this
9subchapter.
SB22, s. 14 10Section 14. 111.825 (2) (f) of the statutes is amended to read:
SB22,8,1311 111.825 (2) (f) Instructional staff employed by the board of regents of the
12University of Wisconsin System who provide services for a charter school established
13by contract under s. 118.40 (2r) (cm), 2009 stats.
SB22, s. 15 14Section 15. 111.92 (1) (c) of the statutes is amended to read:
SB22,8,2015 111.92 (1) (c) Any tentative agreement reached between the governing board
16of the charter school established by contract under s. 118.40 (2r) (cm), 2009 stats.,
17acting for the state, and any labor organization representing a collective bargaining
18unit specified in s. 111.825 (2) (f) shall, after official ratification by the labor
19organization and approval by the chancellor of the University of
20Wisconsin-Parkside, be executed by the parties.
SB22, s. 16 21Section 16. 115.001 (1) of the statutes is amended to read:
SB22,8,2422 115.001 (1) Charter school. "Charter school" means a school under contract
23with a school board under s. 118.40 or with one of the entities under s. 118.40 (2r) (b),
24or a school established and operated by one of the entities under s. 118.40 (2r) (b)
.
SB22, s. 17 25Section 17. 115.001 (16) of the statutes is amended to read:
SB22,9,5
1115.001 (16) Virtual charter school. "Virtual charter school" means a charter
2school under contract with a school board under s. 118.40 in which all or a portion
3of the instruction is provided through means of the Internet, and the pupils enrolled
4in and instructional staff employed by the school are geographically remote from
5each other.
SB22, s. 18 6Section 18. 118.19 (14) of the statutes is created to read:
SB22,9,117 118.19 (14) The department shall promulgate rules establishing a charter
8school teaching license that allows the licensee to teach multiple subjects in a charter
9school. The rules shall require the applicant to demonstrate competence in each
10subject that he or she wishes to teach and shall provide the applicant several means
11of doing so.
SB22, s. 19 12Section 19. 118.395 of the statutes is created to read:
SB22,9,16 13118.395 Charter school authorizing board; executive director, staff. (1)
14The charter school authorizing board shall appoint an executive director outside the
15classified service. The executive director shall coordinate the activities of the board
16and exercise such further powers, functions and duties as the board prescribes.
SB22,9,20 17(2) The executive director of the charter school authorizing board may employ
184 professional staff members outside the classified service. Subject to authorization
19under s. 16.505, the executive director may employ additional professional staff
20members outside the classified service.
SB22, s. 20 21Section 20. 118.40 (2m) (a) of the statutes is amended to read:
SB22,9,2522 118.40 (2m) (a) A school board may on its own initiative contract with a person
23nonprofit corporation to operate a school as a charter school. The contract shall
24include all of the provisions specified under sub. (1m) (b) and may include other
25provisions agreed to by the parties.
SB22, s. 21
1Section 21. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:
SB22,10,52 118.40 (2r) (b) 1. (intro.) All Any of the following entities may establish by
3charter and operate a charter school or, on behalf of their respective entities, may
4initiate a
contract with an individual or group a nonprofit corporation to operate a
5school as a charter school:
SB22, s. 22 6Section 22. 118.40 (2r) (b) 1. e. and f. of the statutes are created to read:
SB22,10,87 118.40 (2r) (b) 1. e. The board of control of a cooperative educational service
8agency.
SB22,10,99 f. The charter school authorizing board.
SB22, s. 23 10Section 23. 118.40 (2r) (b) 2. of the statutes is amended to read:
SB22,10,1911 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under
12sub. (1m) (b) 3. to 14.
A contract shall include all of the provisions specified under
13sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter
14school on the liability of the contracting entity under this paragraph. The contract
15may include other provisions agreed to by the parties. The chancellor of the
16University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may
17not establish or enter into a contract for the establishment of a charter school under
18this paragraph without the approval of the board of regents of the University of
19Wisconsin System.
SB22, s. 24 20Section 24. 118.40 (2r) (b) 3. (intro.) of the statutes is amended to read:
SB22,11,321 118.40 (2r) (b) 3. (intro.) If the chancellor of the University of
22Wisconsin-Parkside contracts for the establishment of a charter school, the contract
23shall also provide that the charter school must be operated by a governing board and
24that the chancellor or his or her designee must be a member of the governing board.
25In addition, if
and the contract provides that the instructional staff of the charter

1school shall consist of employees of the board of regents of the University of
2Wisconsin System, the contract shall also include provisions that do all of the
3following:
SB22, s. 25 4Section 25. 118.40 (2r) (b) 4. of the statutes is repealed.
SB22, s. 26 5Section 26. 118.40 (2r) (bm) of the statutes is amended to read:
SB22,11,156 118.40 (2r) (bm) The common council of the city of Milwaukee, the chancellor
7of the University of Wisconsin-Milwaukee, and the Milwaukee area technical college
8district board may only establish or enter into a contract for the establishment of a
9charter school located in the school district operating under ch. 119. The chancellor
10of the University of Wisconsin-Parkside may only establish or enter into a contract
11for the establishment of a charter school located in a unified school district that is
12located in the county in which the University of Wisconsin-Parkside is situated or
13in an adjacent county. The board of control of a cooperative educational service
14agency may only contract for the establishment of a charter school located in the
15agency's territory.
SB22, s. 27 16Section 27. 118.40 (2r) (c) and (cm) of the statutes are repealed.
SB22, s. 28 17Section 28. 118.40 (2r) (d) (intro.) of the statutes is amended to read:
SB22,11,1918 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall
19do all of the following:
SB22, s. 29 20Section 29. 118.40 (2r) (e) 2. of the statutes is amended to read:
SB22,12,321 118.40 (2r) (e) 2. If the chancellor of the University of Wisconsin-Parkside
22establishes or contracts for the establishment of a charter school under this
23subsection, in March the department shall pay to the unified school district in which
24the charter school is located, from the appropriation under s. 20.255 (2) (fm), an
25amount equal to the amount of school aid per pupil to which the unified school district

1is eligible in the current school year multiplied by the number of pupils attending the
2charter school who attended the charter school in the 2010-11 school year and who
3were previously enrolled in the unified school district.
SB22, s. 30 4Section 30. 118.40 (2r) (f) of the statutes is amended to read:
SB22,12,105 118.40 (2r) (f) If the chancellor of the University of Wisconsin-Parkside
6establishes or contracts for the establishment of a charter school under this
7subsection, biennially the chancellor shall submit a report to the legislature under
8s. 13.172 (2). The report shall include information on the academic performance of
9the pupils who attend the charter school and on the success of the governance
10structure of the charter school.
SB22, s. 31 11Section 31. 118.40 (2r) (g) of the statutes is created to read:
SB22,12,1512 118.40 (2r) (g) If a school board leases a building to the governing body of a
13charter school, the lease may not include a provision specifying that it terminates if
14the lessee enters into a contract with an entity under par. (b) to operate a charter
15school.
SB22, s. 32 16Section 32. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (c) and
17amended to read:
SB22,12,2018 118.40 (3m) (c) A school board or an entity under sub. (2r) (b) shall give Give
19preference in awarding contracts for the operation of charter schools to those charter
20schools that serve children at risk, as defined in s. 118.153 (1) (a).
SB22, s. 33 21Section 33. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (b) and
22amended to read:
SB22,13,223 118.40 (3m) (b) When establishing or When contracting for the establishment
24of a charter school under this section, a school board or entity specified under sub.

1(2r) (b) shall consider
adhere to the principles and standards for quality charter
2schools established by the National Association of Charter School Authorizers.
SB22, s. 34 3Section 34. 118.40 (3) (f) of the statutes is created to read:
SB22,13,74 118.40 (3) (f) A contract with a school board or an entity under sub. (2r) (b) may
5provide for the establishment of more than one charter school, and a charter school
6governing board may enter into more than one contract with a school board or entity
7under sub. (2r) (b).
SB22, s. 35 8Section 35. 118.40 (3) (g) of the statutes is created to read:
SB22,13,129 118.40 (3) (g) Except as provided in sub. (4) (ar) 1., a contract with a school
10board or an entity under sub. (2r) (b) shall require that if the capacity of the charter
11school is insufficient to accept all pupils who apply, the charter school shall accept
12pupils at random.
SB22, s. 36 13Section 36. 118.40 (3m) (intro.) of the statutes is created to read:
SB22,13,1514 118.40 (3m) Charter school authorizer duties. (intro.) A school board or
15entity under sub. (2r) (b) shall do all of the following:
SB22, s. 37 16Section 37. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:
SB22,13,1717 118.40 (3m) (a) Solicit and evaluate charter school applications.
SB22,13,1918 (d) Approve only high quality charter school applications that meet identified
19educational needs and promote a diversity of educational choices.
SB22,13,2220 (e) In accordance with the terms of each charter school contract, monitor the
21performance and compliance with this section of each charter school with which it
22contracts.
SB22,13,2423 (f) Annually, submit to the state superintendent and to the legislature under
24s. 13.172 (2) a report that includes all of the following:
SB22,14,5
11. An identification of each charter school operating under contract with the
2school board or entity under sub. (2r) (b), each charter school that operated under a
3contract with the school board or entity but had its contract nonrenewed or revoked
4or that closed, and each charter school under contract with the school board or entity
5that has not yet begun to operate.
SB22,14,76 2. The academic and financial performance of each charter school operated
7under contract with the school board or entity under sub. (2r) (b).
SB22,14,108 3. The services the school board or entity under sub. (2r) (b) has provided to the
9charter schools under contract with it and an itemized accounting of the cost of the
10services.
SB22,14,1311 4. The operating costs of the school board or entity under sub. (2r) (b) incurred
12under pars. (a) to (e), detailed in an audited financial statement prepared in
13accordance with generally accepted accounting principles.
SB22, s. 38 14Section 38. 118.40 (4) (title) of the statutes is amended to read:
SB22,14,1615 118.40 (4) (title) Charter school governing board; duties, powers, and
16restrictions.
SB22, s. 39 17Section 39. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and
18118.40 (4) (ar) (intro.), as renumbered, is amended to read:
SB22,14,2019 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of
20the following:
SB22, s. 40 21Section 40. 118.40 (4) (ag) of the statutes is created to read:
SB22,15,222 118.40 (4) (ag) Governing board. Each charter school shall be organized as a
23nonprofit corporation and shall be governed by a governing board that is a party to
24the contract with the authorizing entity. No governing board member may be a

1member or employee of the governing body of the authorizing entity. No more than
2a minority of the governing board's members may be charter school staff.
SB22, s. 41 3Section 41. 118.40 (4) (ar) 3. of the statutes is created to read:
SB22,15,114 118.40 (4) (ar) 3. If the governing board is under contract with the charter
5school authorizing board, annually pay to the board a fee equal to the amount
6determined by dividing the operational costs of all charter schools that it operated
7under contract with the board in the previous school year by the total number of
8pupils enrolled in all such charter schools in the previous school year and multiplying
9the quotient by 0.02. In order to determine the fee payable in the first school year
10of operation, the charter school governing board shall estimate its total operational
11costs and total pupil enrollment in that school year.
SB22, s. 42 12Section 42. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and
13amended to read:
SB22,15,1914 118.40 (3) (h) Single-sex schools and courses. A school board may enter into
15a contract for,
and an entity under sub. (2r) may establish or enter into a contract
16for, the establishment of a charter school that enrolls only one sex or that provides
17one or more courses that enroll only one sex if the school board or entity under sub.
18(2r) makes available to the opposite sex, under the same policies and criteria of
19admission, schools or courses that are comparable to each such school or course.
SB22, s. 43 20Section 43. 118.40 (4) (d) of the statutes is created to read:
SB22,15,2321 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school
22governing board has all the powers necessary to carry out the terms of its contract,
23including the following:
SB22,15,2424 1. To receive and disburse funds for school purposes.
SB22,15,2525 2. To secure appropriate insurance.
SB22,16,4
13. To enter into contracts, including contracts with a University of Wisconsin
2institution or college campus, technical college district board, or private college or
3university, for technical or financial assistance, academic support, curriculum
4review, or other services.
SB22,16,55 4. To incur debt in reasonable anticipation of the receipt of funds.
SB22,16,76 5. To pledge, assign, or encumber its assets to be used as collateral for loans or
7extensions of credit.
SB22,16,88 6. To solicit and accept gifts or grants for school purposes.
SB22,16,99 7. To acquire real property for its use.
SB22,16,1010 8. To sue and be sued in its own name.
SB22, s. 44 11Section 44. 118.40 (4) (e) of the statutes is created to read:
SB22,16,1512 118.40 (4) (e) Immunity from civil and criminal liability. A school board or an
13entity under sub. (2r) (b), and its officers and employees, are immune from civil and
14criminal liability for any activities of a charter school with which the school board
15or entity under sub. (2r) (b) contracts.
SB22, s. 45 16Section 45. 118.40 (4) (f) of the statutes is created to read:
SB22,16,2017 118.40 (4) (f) Local educational agency. A charter school is a local educational
18agency under 20 USC 6301 to 6578 and as such is eligible for funding as a local
19educational agency, and shall comply with all requirements of local educational
20agencies, under 20 USC 6301 to 6578.
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